H. No. 4431

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10604]

AN ACT CONVERTING THE ILOILO STATE COLLEGE OF FISHERIES IN THE MUNICIPALITY OF BAROTAC NUEVO, PROVINCE OF ILOILO INTO A STATE UNIVERSITY TO BE KNOWN AS THE ILOILO STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, WITH CAMPUSES IN THE MUNICIPALITIES OF SAN ENRIQUE, DINGLE AND DUMANGAS, AND INTEGRATING THEREWITH THE BAROTAC NUEVO POLYTECHNIC INSTITUTE IN THE MUNICIPALITY OF BAROTAC NUEVO, ALL LOCATED IN THE PROVINCE OF ILOILO AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Conversion. – The Iloilo State College of Fisheries (ISCOF) in the Municipality of Barotac Nuevo, Province of Iloilo, including its campuses, namely: the San Enrique Polytechnic College in the Municipality of San Enrique; the Dingle Agricultural and Technological College in the Municipality of Dingle; and the Dumangas Polytechnic College in the Municipality of Dumangas, is hereby converted into a state university to be known as the Iloilo State University of Science and Technology, hereinafter referred to as the University, and integrating therewith the Barotac Nuevo Polytechnic Institute in the Municipality of Barotac Nuevo. The main campus of the University shall be located in Barangay Ilaya Poblacion, Municipality of Barotac Nuevo, Province of Iloilo.

SEC. 2. General Mandate. – The University shall primarily provide advanced education, higher technological, professional instruction and training in fisheries technology, arts and sciences, education, industrial technology, engineering, aquaculture, seaweed farming and other related fields of study and as may be relevant to national development. It shall also undertake research, extension services and production activities in support of the development of the Province of Iloilo and provide progressive leadership in its areas of specialization.

SEC. 3. Academic Freedom and Institutional Autonomy. – The University shall enjoy academic freedom and institutional autonomy, pursuant to paragraph 2, Section 5 of Article XIV of the Constitution of the Republic of the Philippines.

SEC. 4. Curricular Offerings. – The University shall offer undergraduate and graduate programs in the fields of marine biology, fisheries, information and communications technology, arts and sciences, industrial technology, teacher education, engineering and other related courses within its areas of specialization and according to its capabilities as the Board of Regents may deem necessary to carry out its objectives, particularly in meeting the needs of the Province of Iloilo and Region VI.

The University may operate a reasonably-sized laboratory school if it has a College of Education.

SEC. 5. Administration. – The University shall have the general powers of a corporation set forth in Batas Pambansa Blg. 68, as amended, otherwise known as “The Corporation Code of the Philippines”. The administration of the University and the exercise of its corporate powers shall be vested exclusively in the Board of Regents and the President of the University.

SEC. 6. The Governing Board. – The governing body of the University shall be the Board of Regents, hereinafter referred to as the Board, which shall be composed of the following:

(a) The Chairperson of the Commission on Higher Education (CHED), Chairperson;

(b) The President of the University, Vice Chairperson;

(c) The Chairperson of the Committee on Education, Arts and Culture of the Senate, member;

(d) The Chairperson of the Committee on Higher and Technical Education of the House of Representatives, member;

(e) The Regional Director of the National Economic and Development Authority (NEDA), member;

(f) The Regional Director of the Department of Science and Technology (DOST), member;

(g) The President of the federation of faculty associations of the University, member;

(h) The President of the federation of student councils of the University, member;

(i) The President of the federation of alumni associations of the University, member; and

(j) Two (2) prominent citizens from the private sector who have distinguished themselves in their profession or fields of specialization of the University, members.

The Board shall appoint the two (2) prominent citizens from among a list of at least five (5) qualified persons in the Province of Iloilo where the University and its branches are located, as recommended by the search committee constituted by the University President, in consultation with the Chairperson of the CHED and the other members of the Board, based on the normal standards and qualifications for the position.

The term of office of the President of the federation of faculty associations, the President of the federation of student councils and the President of the federation of alumni associations shall be coterminous with their respective terms of office, as set forth in their respective constitutions and bylaws.

The two (2) prominent citizens shall serve for a term of two (2) years from the date of appointment.

SEC. 7. Powers and Duties of the Board of Regents. – The Board shall have the following specific powers and duties, in addition to its general powers of administration and the exercise of all the powers granted to the board of directors of a corporation under existing laws:

(a) To promulgate and implement policies in accordance with the declared State policies and the provisions of the Philippine Constitution on education, agriculture, science and technology, as well as the policies, standards and thrusts of the CHED under Republic Act No. 7722, otherwise known as the “Higher Education Act of 1994″;

(b) To promulgate rules and regulations not contrary to law as may be necessary to carry out the purposes and functions of the University;

(c) To receive and appropriate all sums as may be provided for the support of the University in the manner it may determine in its discretion, in order to carry out the purposes and functions of the University;

(d) To import economic, technical and cultural books and/or publications;

(e) To receive in trust legacies, gifts and donations of real and personal properties of all kinds and to administer and dispose of the same when necessary for the benefit of the University, and subject to the limitations, directions and instructions of the donor, if any;

(f) To fix the tuition fees and other necessary school charges such as, but not limited to, matriculation fees, graduation fees and laboratory fees, as the Board may deem proper to impose, after due consultations with the involved sectors. Such fees and charges, including government subsidies and other income generated by the University, shall constitute special trust funds and shall be deposited in any authorized government depository bank, and all interests that shall accrue therefrom shall form part of the same funds for the use of the University.

Any provision of existing laws, rules and regulations to the contrary notwithstanding, any income generated by the University from tuition fees and other charges, as well as from the operation of auxiliary services and land grants, shall be retained by the University, and may be disbursed by the Board for instruction, research, extension or other programs/projects of the University: Provided, That all fiduciary fees shall be disbursed for the specific purposes for which these are collected.

If, for reasons beyond its control, the University shall not be able to pursue any project for which the funds have been appropriated and allocated under its approved program of expenditures, the Board may authorize the use of said funds for any reasonable purpose which, in its discretion, may be necessary and urgent for the attainment of the objectives and goals of the University;

(g) To adopt and implement a socialized scheme of tuition and school fees for greater access to poor but deserving students;

(h) To authorize the construction or repair of its buildings, machinery, equipment and other facilities, and the purchase and acquisition of real property, including necessary supplies, materials and equipment;

(i) To appoint upon recommendation of the President of the University, Vice Presidents, deans, directors, heads of campuses, faculty members and other officials and employees of the University;

(j) To fix and adjust salaries of faculty members and administrative officials and employees, subject to the provisions of the Revised Compensation and Position Classification System and other pertinent budget and compensation laws governing hours of service, and such other duties and conditions as it may deem proper; to grant them, at its discretion, leaves of absence under such regulations as it may promulgate, any provision of existing law to the contrary notwithstanding; and to remove them for cause in accordance with the requirements of due process of law;

(k) To approve the curricula, instructional programs and rules of discipline drawn by the Administrative and Academic Councils herein provided;

(l) To set policies on admission and graduation of students;

(m) To award honorary degrees upon persons in recognition of their outstanding contribution in the fields of education, public service, arts, science and technology, agriculture or in any field of specialization within the academic competence of the University; and to authorize the awarding of certificates of completion of nondegree and nontraditional courses;

(n) To establish and absorb nonchartered tertiary institutions within the Province of Iloilo as branches and centers in coordination with the CHED, and in consultation with the Department of Budget and Management (DBM), and to offer therein programs or courses, to promote and carry out equal access to educational opportunities as mandated by the Constitution;

(o) To establish research and extension centers of the University where such will promote the development of the latter;

(p) To establish professorial chairs in the University and to provide fellowships for qualified faculty members and scholarships to deserving students;

(q) To delegate any of its powers and duties provided for hereinabove to the President and/or other officials of the University as it may deem appropriate, so as to expedite the administration of the affairs of the University;

(r) To authorize an external management audit of the University, to be financed by the CHED, subject to the rules and regulations of the Commission on Audit (COA); and to institute reforms, including academic and structural changes, on the basis of the audit results and recommendations;

(s) To collaborate with other governing boards of the state colleges and universities within the Province of Iloilo or Region VI, under the supervision of the CHED and in consultation with the DBM, and work towards the restructuring of the University to become more efficient, relevant, productive and competitive;

(t) To enter into joint ventures with business and industry for the profitable development and management of the economic assets of the University, the proceeds from which shall be used for the development and strengthening of the University;

(u) To develop consortia and other economic forms of linkages with local government units (LGUs), institutions and agencies, both public and private, local and foreign, in the furtherance of the purposes and objectives of the University;

(v) To develop academic arrangements for institutional capability building with appropriate institutions and agencies, public and private, local and foreign, and to appoint experts/specialists as consultants, part-time or visiting or exchange professors, scholars or researchers, as the case may be;

(w) To set up the adoption of modern and innovative modes of transmitting knowledge such as the use of information technology, the dual learning system, open or distance education and community laboratory for the promotion of greater access to education;

(x) To establish policy guidelines and procedures for participative decision-making and transparency within the University;

(y) To privatize, where most advantageous to the University, the management of nonacademic services such as health, food, building or grounds or property maintenance and such other similar activities; and

(z) To extend the term of the President of the University beyond the age of retirement but not beyond the age of seventy (70), whose performance has been unanimously rated by the Board as outstanding based on the guidelines, qualifications and/or standards set by the Board, after unanimous recommendation by the search committee.

SEC. 8. Meetings of the Board. – The Board shall regularly convene once every three (3) months. Whenever necessary, the Chairperson of the Board may call, upon three (3) days’ prior written notice, a maximum of two (2) special meetings within the same period.

A quorum of the Board shall consist of majority of all its members holding office at the time of the meeting: Provided, however, That the Chairperson of the Board or the President of the University is among those present in the meeting.

In one’s absence, the Chairperson of the CHED shall designate a Commissioner as representative in the meeting with all the rights and responsibilities of a regular member: Provided, however, That during this meeting, the President of the University as Vice Chairperson shall be the Presiding Officer: Provided, further, That this proviso notwithstanding, the Chairperson of the CHED is hereby authorized to designate a CHED Commissioner as the regular Chair of the Board, in which case said CHED Commissioner shall act as the Presiding Officer.

In case the Chairpersons of the Congressional Committees on Education shall not be able to attend the Board meeting, they may duly designate their respective representatives to attend the said meeting, who shall have the same rights and responsibilities as a regular member of the Board.

The members of the Board shall not receive any salary but shall be entitled to reimbursements for actual and necessary expenses incurred, either in their attendance to meetings of the Board or in connection with other official business authorized by resolution of the Board, subject to existing laws and regulations.

SEC. 9. The University President. – The University shall be headed by a President, who shall render full-time service and who shall be appointed by the Board, subject to the guidelines, qualifications and standards set by the Board, upon recommendation of a duly constituted search committee. The University President shall have a term of four (4) years and shall be eligible for reappointment for another term: Provided, That in order to effect a smooth transition to a state university, the incumbent President of the ISCOF shall serve as the first President of the University.

Within six (6) months before the expiration of the term of office of the incumbent President of the University, the Board shall constitute the Search Committee for the Presidency (SCP).

In case of vacancy in the Office of the President by reason of death, compulsory retirement, resignation, removal for cause or incapacity of the President to perform the functions of the office, the Board shall designate an Officer-in-Charge of the University within six (6) months from the date of vacancy, pending the appointment of a new President. The successor or the Officer-in-Charge shall serve only the unexpired portion of the term.

The powers and duties of the President of the University, in addition to those specifically provided in this Act, shall be those usually pertaining to the Office of the President of similar universities, and those delegated by the Board.

The salary of the President of the University shall be in accordance with the Revised Compensation and Position Classification System and shall be comparable to that being received by the Presidents of similar educational institutions.

The President of the University shall be assisted by a Vice President for Academic Affairs and a Vice President for Administration, who shall be appointed by the Board upon recommendation of the President.

SEC. 10. The Secretary of the University. – The Board shall appoint a Secretary, who shall serve as such for both the Board and the University and shall keep all records and proceedings of the Board. The Secretary of the University shall serve upon each member of the Board the appropriate notice of the Board meetings.

SEC. 11. The Treasurer of the University. – The Treasurer of the Philippines shall be the ex officio Treasurer of the University.

SEC. 12. The Administrative Council. – There shall be an Administrative Council consisting of the President of the University as Chairperson, Vice Presidents, deans, directors and other officials of equal rank as members, whose duty is to review and recommend to the Board the policies governing the administration, management and development planning of the University.

SEC. 13. The Academic Council. – There shall be an Academic Council to be composed of the President of the University, who shall act as Chairperson, and all academic staff with the rank of at least an assistant professor, as members.

The Academic Council shall have the power to review and recommend the curricular offerings and rules of discipline of the University, subject to the approval of the Board. It shall fix the requirements for the admission of students, as well as for their graduation and conferment of degrees, subject to review and approval by the Board through the President of the University. It shall have the disciplinary power over students of the University and shall formulate academic policies and rules and regulations on discipline, subject to the approval of the Board.

SEC. 14. The Faculty. – No political beliefs, gender preference, cultural or community affiliation or ethnic origin, and religious opinion or affiliation shall be a matter of inquiry in the appointment of faculty members of the University: Provided, That said appointment shall be subject to the guidelines, qualifications and standards set by the Board: Provided, further, That no member of the faculty shall teach for or against any particular church or religious sect.

SEC. 15. Scholarship Program/Admission. – The University shall provide a scholarship program and other affirmative action programs to assist poor but deserving students who qualify for admission to the University.

No student shall be denied admission to the University by reason of sex, religion, cultural or community affiliation or ethnic origin.

SEC. 16. Authority to Loan or Transfer Apparatus / Equipment / Supplies and Detail of Personnel. – The heads of the bureaus and offices of the national government are hereby authorized to loan or transfer, upon the request of the President of the University, such apparatus, equipment or supplies as may be needed by the University, and to detail employees for duty therein when, in the judgment of the head of the bureau or office, such apparatus, equipment, supplies or services of such employees can be spared without serious detriment to public service.

The employees so detailed shall perform such duties as required of them by the President of the University, and the time so employed shall be counted as part of their regular services.

SEC. 17. Assets, Liabilities and Personnel. – All assets, real and personal, personnel and records of the ISCOF, the San Enrique Polytechnic College, the Dingle Agricultural and Technological College, the Dumangas Polytechnic College and the Barotac Nuevo Polytechnic Institute, as well as liabilities or obligations, are hereby transferred to the University. The positions, rights and security of tenure of faculty members and personnel therein employed under existing laws prior to the conversion into a University shall be respected.

All parcels of land belonging to the government occupied by the ISCOF and its campuses in the municipalities of San Enrique, Dingle and Dumangas, and the Barotac Nuevo Polytechnic Institute are hereby declared to be property of the University and shall be titled under that name: Provided, That should the University cease to exist or be abolished or should such parcels of land aforementioned be no longer needed by the University, the same shall revert to the LGUs concerned.

SEC. 18. Tax Exemption on Importation and Donations. – The importation of economic, technical and cultural books or publications, which is for economic, technical, vocational, scientific, philosophical, historical or cultural purposes, made by the University upon certification by the CHED, shall be exempt from customs duties in accordance with the provisions of the Tariff and Customs Code of the Philippines, as amended.

Donations in any form to the University shall be exempt from the donor’s tax and the same shall be considered as allowable deduction from the gross income in the computation of the income tax of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.

SEC. 19. Appropriations. – The amount necessary to carry out the provisions of this Act shall be charged against the current year’s appropriations of the ISCOF, except the sums needed to continue the operations of the existing high school. Thereafter, such sums as may be necessary for the continued operation and maintenance of the University shall be included in the annual General Appropriations Act.

SEC 20. Development Plan, Management Audit, Organizational / Administrative / Academic Structure. – Within the period of one hundred twenty (120) days after the approval of this Act, the University shall accomplish the following:

(a) Submit a five (5)-year development plan, including its corresponding program budget to the CHED, for corresponding recommendation to the DBM;

(b) Undergo a management audit in cooperation with the CHED; and

(c) Set up its organizational, administrative as well as academic structure, including the appointment of the key officials of the University.

SEC. 21. Filing of Report. – On or before the fifteenth (15^th) day of the second (2^nd) month after the opening of the regular classes each year, the Board shall file with the Office of the President of the Philippines through the Chairperson of the CHED, and with both Houses of Congress, a detailed report on the progress, conditions and needs of the University.

SEC. 22. Suppletory Application. – The provisions of Republic Act No. 8292, otherwise known as the “Higher Education Modernization Act of 1997″, shall be an integral part of this Act and shall serve as part of the Governing Charter of the University.

SEC. 23. Parity Clause. – All other powers, functions and privileges, responsibilities and limitations to state universities and their officials under existing laws shall be deemed granted to or imposed upon the University and its officials, whenever appropriate.

SEC. 24. Compliance with CHED Requirements. – The provisions of this Act notwithstanding, the establishment or conversion of the institution into a state university shall become effective only upon the determination and declaration by the CHED, based on the recommendation of a panel of experts, that the institution has complied with the requirements for a university status. The CHED, through its regional office, shall regularly provide technical assistance to the institution and monitor compliance with the requirements of the Commission.

The CHED shall designate a panel of experts who shall prepare a recommendation to the Chairperson of the CHED, on whether the institution has substantially complied with the requirements for the grant of university status.

The following are the operational requirements for a university:

(a) Level III accreditation or equivalent under CHED policies for at least four (4) of its undergraduate programs, one (1) in liberal arts and one (1) in the sciences, and two (2) of its graduate programs;

(b) Ratio of qualified full-time faculty with requisite degrees to number of students;

(c) Adequate library and laboratories;

(d) Research and development output of practical and commercial application to the community;

(e) Relevant linkages and outreach programs that are of service to the community; and

(f) Relevant academic policies, systems and processes.

The institution shall retain its status prior to the effectivity of this Act, unless in the meantime it is able to comply with the requirements provided herein, within a period not exceeding January 1, 2016.

SEC. 25. Implementing Rules and Regulations. – The Board, in consultation with the CHED, shall formulate the guidelines to fully implement the provisions of this Act.

SEC. 26. Separability Clause. – If, for any reason, any part or provision of this Act is declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full force and effect.

SEC. 27. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 28. Effectivity. – This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.

Approved,

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on February 6, 2013 and February 4, 2013, respectively.

Approved: JUN 11 2013

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

S. No. 3042
H. No. 6856

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10603]

AN ACT CREATING TWO (2) ADDITIONAL BRANCHES OF THE REGIONAL TRIAL COURT IN THE FOURTH JUDICIAL REGION TO BE STATIONED AT THE MUNICIPALITY OF SAN MATEO, PROVINCE OF RIZAL, FURTHER AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION ACT OF 1980″, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Two (2) additional Regional Trial Court branches for San Mateo, Rizal, with seats thereat, are hereby created in the Fourth Judicial Region.

SEC. 2. The Supreme Court shall assign the respective branch numbers for the newly created branches.

SEC. 3. The Chief Justice of the Supreme Court, in coordination with the Secretary of the Department of Justice, shall immediately include in the Court’s program the implementation of this Act. The funding therefor shall likewise be included in the annual General Appropriations Act. The funds necessary for the operation of the Courts herein created shall be appropriated and released only upon the actual organization of the Courts and the appointment of its personnel.

SEC. 4. Section 14(e) of Batas Pambansa Blg. 129, otherwise known as “The Judiciary Reorganization Act of 1980″, as amended, as well as other provisions that may be inconsistent herewith, are hereby deemed repealed, modified and/or further amended.

SEC. 5. Effectivity. – This Act shall take effect fifteen (15) days after completion of its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3042 and House Bill No. 6856 was finally passed by the Senate and the House of Representatives on September 17, 2012 and February 6, 2013, respectively.

Approved: JUN 11 2013

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

S. No. 3026
H. No. 5341

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10602]

AN ACT CREATING FOUR (4) ADDITIONAL BRANCHES OF THE REGIONAL TRIAL COURT IN THE TENTH JUDICIAL REGION TO BE STATIONED AT THE CITY OF MALAYBALAY, PROVINCE OF BUKIDNON, FURTHER AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS “THE JUDICIARY REORGANIZATION ACT OF 1980″, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Four (4) additional Regional Trial Court branches for Malaybalay City, Bukidnon, with seats thereat, are hereby created in the Tenth Judicial Region.

SEC. 2. The Supreme Court shall assign the respective branch numbers for the newly created branches.

SEC. 3. The Chief Justice of the Supreme Court, in coordination with the Secretary of the Department of Justice, shall immediately include in the Court’s program the implementation of this Act. The funding therefor shall likewise be included in the annual General Appropriations Act. The funds necessary for the operation of the Courts herein created shall be appropriated and released only upon the actual organization of the Courts and the appointment of its personnel.

SEC. 4. Section 14(k) of Batas Pambansa Blg. 129, otherwise known as “The Judiciary Reorganization Act of 1980″, as amended, as well as other provisions that may be inconsistent herewith, are hereby deemed repealed, modified and/or further amended.

SEC. 5. Effectivity. – This Act shall take effect fifteen (15) days after completion of its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3026 and House Bill No. 5341 was finally passed by the Senate and the House of Representatives on September 17, 2012 and February 5, 2013, respectively.

Approved: JUN 11 2013

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

S. No. 3338
H. No. 6548

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10601]

AN ACT PROMOTING AGRICULTURAL AND FISHERIES MECHANIZATION DEVELOPMENT IN THE COUNTRY

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

SECTION 1. Title. – This Act shall be known as the “Agricultural and Fisheries Mechanization (AFMech) Law”.

ARTICLE I

DECLARATION OF POLICY, DEFINITION OF TERMS
AND COVERAGE

SEC. 2. Declaration of Policy. – It shall be the policy of the State to:

(a) Promote the development and adoption of modern, appropriate and cost-effective and environmentally-safe agricultural and fisheries machinery and equipment to enhance farm productivity and efficiency in order to achieve food security and safety and increase farmers’ income;

(b) Provide a conducive environment to the local assembling and manufacturing of engines, machinery and equipment for agricultural and fisheries production, processing and marketing;

(c) Ensure the quality and safety of machineries and equipment locally manufactured or imported by strengthening regulation through the development and enforcement of machinery and machine performance standards, regular testing and evaluation, registration, and the accreditation and classification of suppliers, assemblers and manufacturers to ensure compliance to prescribed quality standards;

(d) Strengthen support services such as credit faculties, research, training and extension programs, rural infrastructures, postharvest facilities and marketing services;

(e) Unify, rationalize and strengthen the implementation, coordination of activities and mechanisms on agricultural and fisheries mechanization programs and projects; and

(f) Deliver integrated support services to farmers, fisherfolk and other stakeholders, and assist them to be able to viably operate and manage their agricultural and fisheries mechanization projects.

SEC. 3. Definition of Terms. – The following terms are defined, as follows:

(a) Agricultural and fisheries machinery refers to machinery and equipment for the production, harvesting, processing, storage, manufacture, preserving, transporting and distribution of agricultural and fisheries products. It includes, but is not limited to, tractors and their attachments, power tillers, seeders, transplanters, windmills, harvesting machines, crop protection and maintenance equipment, irrigation equipment and accessories, greenhouses and other thermal conditioning equipment, livestock equipment, fishery equipment, slaughtering equipment, meat/fishery and crop processing equipment, postharvest machines such as milling machines, dryers, threshers, grain and other strippers, agricultural transport machinery and storage facilities including cold storage, reefer vans, slaughter houses and fishing boats of three (3) gross tons or less. New agricultural and fishery machinery includes newly imported as well as one that has not been used since its date of manufacture;

(b) Agricultural and fisheries mechanization refers to the development, adoption, assembly, manufacture and application of appropriate, location specific and cost-effective agricultural and fisheries machinery using human, animal, mechanical, electrical, renewable and other nonconventional sources of energy for agricultural production and postharvest/postproduction operations consistent with agronomic conditions and for efficient and economic farm and fishery management towards modernization of agriculture and fisheries;

(c) Agro-industrial processing refers to the local activity or series of activities to maintain or raise the quality or change the form or characteristics of agricultural, fisheries and forestry products. It also includes, but not limited to, cleaning, sorting, grading, mixing, milling, canning, dressing, slaughtering, freezing, pasteurizing, conditioning, packaging, repacking and transporting of said products; and

(d) Fishing boat refers to any boat, ship or other watercraft of three (3) gross tons or less, equipped to be used for taking of fishery species or aiding or assisting one (1) or more vessels in the performance of any activity relating to fishing including, but not limited to, preservation, supply, storage, refrigeration, transportation and/or processing.

SEC. 4. Scope and Application. – The provision of this Act shall apply to the research, development and extension, promotion, distribution, supply, assembling, manufacturing, regulation, use, operation, maintenance and project implementation of agricultural and fisheries machinery and equipment.

ARTICLE II

THE NATIONAL AGRI-FISHERY MECHANIZATION
PROGRAM

SEC. 5. The National Agri-fishery Mechanization Program. – There shall be formulated a National Agri-fishery Mechanization Program by the Department of Agriculture (DA) with the following objectives:

(a) Promote and support through the provision of research grants, credit, transparent and predictable regulation, the local development and manufacture of agricultural and fisheries machinery by the private sector;

(b) Unify, lead and support the efforts of various institutions in the research, design and development of agricultural and fisheries machinery;

(c) Establish quality, safety and performance standards for agricultural and fisheries machinery;

(d) Support the establishment of quality, safety and performance testing centers for the certification of agricultural and fisheries machinery in strategic localities in the country;

(e) Establish guidelines for the registration of ownership of agricultural and fisheries machinery; and

(f) Promote the adoption of certified agricultural and fisheries machinery for improving agriculture and fishery productivity.

SEC. 6. Program Implementation. – The overall implementation of the National Agri-fishery Mechanization Program shall be coordinated by the DA through the Undersecretary duly designated by the Secretary who shall:

(a) Conduct the formulation and review of the five-year National Agri-fishery Mechanization Program for the DA;

(b) Provide leadership in the formulation of guidelines for the registration of ownership of agricultural and fisheries machinery;

(c) Ensure the formulation of quality, safety and performance standards for agricultural and fisheries machinery;

(d) Ensure the formulation of accreditation guidelines for testing centers for agricultural and fisheries machinery;

(e) Formulate and enforce guidelines for the credit program to include, but not limited to, access, disbursement and repayment;

(f) Oversee the implementation of the National Agri-fishery Mechanization Program by the various units of the Department; and

(g) Coordinate with other government agencies and local government units (LGUs) in the implementation of measures provided for in this Act.

ARTICLE III

RESEARCH, EXTENSION AND HUMAN RESOURCE
DEVELOPMENT

SEC. 7. Unified National Research and Development (R&D) and Extension Agenda. – A unified National Agricultural and Fisheries Mechanization Research and Development and Extension (RDE) Agenda shall be formulated and implemented by the DA: Provided, That the DA, through the Philippine Center for Postharvest Development and Mechanization (PHilMech) as focal agency, shall integrate and unify all agricultural and fisheries mechanization RDE programs and projects of all concerned national government agencies, Local Government Units (LGUs), state universities and colleges (SUCs), which shall be geared towards development of machineries and equipment, job generation, address market and industry demands and help accelerate agricultural and fisheries modernization in the countryside.

The National Agricultural and Fisheries Mechanization RDE Agenda shall include, but not be limited, to the following:

(a) Development, pilot-testing and commercialization of appropriate, location-specific and cost-effective agricultural and fisheries machinery and equipment in support to contiguous farming and machinery pooling;

(b) Design and testing of new machineries and equipment for agriculture and fisheries;

(c) Local manufacture and assembly of agricultural engines and equipment;

(d) Development and utilization of renewable and nonconventional energy resources such as wind, biomass, hydro, solar and biofuels for agricultural and fisheries equipment and machineries;

(e) Development of efficient production and postproduction mechanization systems;

(f) Continuous development of technical standards and testing procedures for quality agricultural machinery and components;

(g) Training of farmers, fisherfolk, manufacturers, extension workers, agricultural engineers, technicians and operators engaged in the agricultural and fisheries mechanization;

(h) Promotion of technologies through agricultural and industrial extension activities and techno-demo centers;

(i) Development of prototype and fabrication of agricultural machinery and equipment; and

(j) Development and conduct of commercialization strategies involving all sectors representing the demand and supply sides of agricultural and fisheries mechanization technologies.

SEC. 8. Agri-fisheries Mechanization RDE Network. – An Agricultural and Fisheries Mechanization RDE Network is hereby organized and composed of research and educational institutions, LGUs, nongovernment organizations and the recognized and well-established associations of agricultural and fisheries machinery assemblers, manufacturers and distributors, agricultural engineers, farmers and fisherfolk. The Agricultural and Fisheries Mechanization RDE Network shall be responsible for the formulation and implementation of the National Agricultural and Fisheries Mechanization RDE Agenda. The PHilMech shall be responsible for organizing the Network and shall serve as secretariat to the Network. The Network shall be chaired by the Director of the PHilMech.

Moreover, the Agricultural Mechanization Development Program of the University of the Philippines, Los Baños (UPLB), which is part of the Network, shall be strengthened and institutionalized to lead and coordinate the agricultural and fishery mechanization RDE program of all academic institutions in the country.

SEC. 9. Agri-fisheries Machinery and Equipment Service Centers. – The DA and the LGUs shall encourage and support the private sector and other rural entrepreneurs to establish and operate agricultural and fishery machinery and equipment service centers in the Strategic Agricultural and Fishery Development Zones (SAFDZs)) and Agrarian Reform Communities.

The Agri-fisheries Machinery and Equipment Service Center’s shall be operated as business enterprises that will provide the following services:

(a) After-sales service and warranty to their respective clients;

(b) Custom plowing, harrowing, harvesting, drying, milling and other farm mechanization services;

(c) Repair and troubleshooting services of agricultural and fishery machinery and equipment; and

(d) Training of maintenance and proper use of agricultural machineries and equipment.

The ownership and operation of Agri-fisheries Machinery and Equipment Service Centers shall not be the exclusive domain of equipment and machineries suppliers. These may be owned and operated by registered cooperatives or by businesses registered with the Securities and Exchange Commission (SEC) or with the Department of Trade and Industry (DTI).

SEC. 10. Agri-fisheries Mechanization and Engineering Resource Network. – The existing agricultural machinery information and database of the PHilMech shall be strengthened into an agri-fishery mechanization and engineering resource network. It will also be used or tapped as a facility for the online registration of agri-fisheries machinery and equipment, and monitoring of agri-fisheries mechanization and infrastructure projects. This network shall be linked to other existing information and database networks of the DA, the Agricultural Machinery Information Network of the Department of Science and Technology (DOST), the Agricultural Mechanization Development Program of the UPLB and of other government agencies.

SEC. 11. Research Grants. – To enhance research and technological development on agricultural and fisheries mechanization, the government through the Bureau of Agricultural Research (BAR) of the DA, the DOST and the Commission on Higher Education (CHED) shall provide competitive research grants to members of the Network to undertake needs-oriented research as well as institutional development and upgrading of laboratory facilities and equipment.

SEC. 12. Training and Scholarship Program. – The DA, in partnership with SUCs and the private sector, shall train the agricultural extension workers and agricultural engineers of the LGUs who in turn shall train the farmers and fisherfolk on agricultural and fisheries mechanization technologies and practices.

The Department of Labor and Employment (DOLE) and the Technical Education and Skills Development Authority (TESDA) shall be responsible in the training of agricultural and fisheries machinery technicians and operators.

Furthermore, scholarships for graduate and undergraduate degrees on agricultural engineering and trade/vocational courses on agricultural and fisheries mechanization shall be given priority by the DA, the CHED and the DOST.

SEC. 13. Manpower Complement. – All agricultural and fisheries machinery pools and service centers, including sales and distribution outlets and manufacturing establishments, either public or private, shall have the required manpower complement of licensed agricultural engineers and certified technicians and operators, in accordance with the guidelines and standards to be promulgated by the Board of Agricultural Engineering (BoAE) of the Professional Regulation Commission (PRC) and the DOLE to ensure efficient operation and maintenance and good management practices. The DA shall ensure compliance to this manpower complement requirement.

SEC. 14. Skills Certification of Agricultural Machinery Technicians and Operators. – The TESDA, in collaboration with the DA, the BoAE and the national associations of agricultural engineers and agricultural machinery assemblers, manufacturers and distributors, shall undertake skills certification and accreditation systems for agricultural and fishery machinery operators and technicians.

ARTICLE IV

LOCAL ASSEMBLY, MANUFACTURE, SUPPLY AND
AFTER-SALES SERVICE

SEC. 15. Local Assembling and Manufacturing. – Production of locally-made engines and other machinery for agricultural and fisheries purposes shall be promoted and encouraged by the DA in partnership with the private sector, and through joint venture agreements. For this purpose, the DA in partnership with the recognized national organization of agricultural machinery assemblers, manufacturers and distributors, agricultural engineers and the DOST shall undertake the feasibility study and R&D for the local assembly and manufacture of agricultural engines/prime mover, and other agricultural machinery and equipment.

SEC. 16. Incentives for Local Manufacturers and Assemblers of Agri-fisheries Machinery. – Ventures in local manufacture, fabrication and assembly of agri-fisheries machinery and equipment shall be eligible for loans under the Agricultural Competitiveness Enhancement Fund (ACEF) under the program of the DA. These businesses shall be granted incentives as long as they are considered as registered enterprises engaged in a preferred area of investment pursuant to Article 39 of Executive Order No. 226. as amended.

SEC. 17. After-Sales Service. – All agricultural and fisheries machinery assemblers, manufacturers, importers, suppliers, distributors and dealers are required to provide after-sales service and warranty to then respective clients which shall be monitored by the agriculture offices of the LGUs and the Bureau of Agricultural and Fisheries Engineering (BAFE), created under Section 24 of this Act.

ARTICLE V

TESTING AND EVALUATION, REGISTRATION,
STANDARDIZATION AND ACCREDITATION

SEC. 18. Testing and Evaluation. – Agricultural and fisheries machinery and equipment to be sold in the market shall pass through testing and evaluation by the Agricultural Machinery Testing and Evaluation Center (AMTEC) in accordance with the national policies and guidelines to be promulgated by the Secretary. Specifically, before it can be assembled, manufactured and commercially sold in the market, the model of the machine and any modification thereof should be tested by the AMTEC and should pass the prescribed quality and performance standards. The regular testing and evaluation of machinery sold shall be undertaken by the AMTEC on new models and design. Field tests shall likewise be undertaken by the AMTEC to ensure consistent quality of test units as well as on the commercial units. The BAFE shall maintain a certification registry of equipment and machinery as well as a registry of those denied certification.

SEC. 19. Registration of Ownership of Agricultural and Fishery Machinery and Equipment. – All owners of agricultural and fishery machinery and equipment must register these with the agriculture offices of municipal and city government units. The agriculture offices of the LGUs shall establish and maintain a registry of agricultural and fishery machinery at the municipal, city and provincial levels. The DA Regional Agricultural Engineering Division shall maintain a registry of agricultural and fishery machinery at the regional office whereas the BAFE shall maintain a national database of all registered agricultural and fishery machinery. Each office shall ensure that these registries and databases are available through the internet. The Secretary shall promulgate national guidelines and procedures for the registration of agricultural and fisheries machinery by the LGUs, including the collection of registration fees in accordance with the Local Government Code.

SEC. 20. Registration of Manufacturers, Fabricators, Assemblers and Importers. – Within six (6) months upon the enactment of this Act, all manufacturers, fabricators, assemblers and importers must register with the BAFE.

Three (3) years upon the enactment of this Act, registrants must provide certification by an accredited certifying body of all products that they have in the market or intend to market and withdraw all products that have no certification. One (1) year after the enactment of this Act, the registrants must submit to the BAFE the list of equipment/machineries manufactured/fabricated/assembled/ imported.

SEC. 21. Standards Development and Enforcement. – The DA, through the Bureau of Agriculture and Fisheries Product Standards (BAFPS), in coordination with the DTI, the DOST, the BoAE and the AMTEC, and in consultation with the accredited associations of farmers and fisherfolk, agricultural machinery assemblers, manufacturers and distributors and agricultural engineers shall develop standards specifications and test procedures of agricultural and fishery machinery and equipment. These standards should be in conformity with the International Standards Organization (ISO) and shall be part of the existing Philippine Agricultural Engineering Standards (PAES).

Thereafter, the DA and the LGUs, in collaboration with the BoAE, shall enforce the above standards on the manufacture, sale and distribution of agricultural and fisheries machinery and equipment, and its accreditation system for agricultural and fisheries facilities and establishments.

The Secretary shall deputize the agriculture offices of the LGUs to monitor the implementation of regulation concerning certification, registration of manufacturers, assemblers, dealers or importers and accreditation of agricultural and fishery machinery and equipment testing centers.

The Department of Public Works and Highways (DPWH) and the local building officials, consistent with the provisions of Republic Act No. 8559, otherwise known as the “Philippine Agricultural Engineering Act of 1998″, and in coordination with the agriculture offices of the LGUs shall enforce the PAES as part of the implementation of the National Building Code of the Philippines particularly in the design, construction, operation and maintenance of agricultural and fisheries buildings and structures.

SEC. 22. Classification and Accreditation of Assemblers, Manufacturers, Importers, Suppliers, Distributors and Dealers. – Agricultural and fisheries machinery assemblers, manufacturers, importers and suppliers, distributors and dealers shall be classified into small, medium and large, and shall be encouraged to have their manufacturing/service facility build-up: Provided, That agricultural and fisheries machinery assemblers, manufacturers, importers, suppliers, distributors and dealers shall be classified and accredited based on their organizational strengths and track record, area of operation, marketing and distribution network, after-sales service and manufacturing capabilities.

For this purpose, the DA shall encourage and assist in the organization of a private-led classification and accreditation system for agricultural machinery assemblers, manufacturers, importers, suppliers, distributors and dealers.

ARTICLE VI

INSTITUTIONS

SEC. 23. Agricultural and Fisheries Mechanization Committee. – The Agricultural and Fisheries Mechanization Committee (AFMeC) under the National Agricultural and Fishery Council (NAFC) shall act as an advisory body to ensure the success of the programs and activities of the DA concerning agricultural and fisheries mechanization. It shall also serve as the consultative and feedback mechanism from the lowest possible level to the top decision makers and to assist in defining and formulating the goals and scope of the country’s agricultural and fisheries mechanization and infrastructure policies, plans and programs. The agricultural and fisheries mechanization committees under the regional, provincial, city, municipal and barangay agricultural and fishery councils shall integrate, coordinate, unify and monitor the field implementation of the agri-fisheries mechanization and infrastructure projects of various national government agencies, LGUs, banking and financial institutions and the private sector.

SEC. 24. Strengthening the DA Agricultural and Fishery Engineering Groups. – Pursuant to Section 46 of Republic Act No. 8435, otherwise known as the “Agriculture and Fisheries Modernization Act of 1997″, a Bureau of Agricultural and Fisheries Engineering (BAFE) is hereby created as a regular bureau of the DA which shall be under the supervision of the DA Undersecretary and shall have the following functions and responsibilities:

(a) Coordinate, oversee and monitor the national planning and implementation of agri-fisheries engineering, farm-to-market road and other agri-fisheries infrastructure projects;

(b) Assist in the national planning, coordination and implementation of the national agri-fisheries mechanization programs;

(e) Prepare, evaluate, validate and recommend engineering plans, designs and technical specifications on agri-fisheries mechanization and infrastructure projects;

(d) Oversee and provide technical assistance to the operations of the agricultural engineering divisions of the DA regional field units;

(e) Coordinate and integrate all agricultural and fisheries engineering activities of the DA bureaus, attached agencies and corporations;

(f) Coordinate and monitor the enforcement of standards and other regulatory policies on agricultural and fishery engineering;

(g) Implement accreditation and registration scheme for agriculture and fishery machinery, tools and equipment, in coordination with technology generators:

(h) Issue permits to operate to agriculture and fishery tools and equipment manufacturers, fabricators, assemblers and importers; and

(i) Promulgate and implement accreditation guidelines for testing centers.

The BAFE shall be headed by a Bureau Director and Assistant Bureau Director, all appointed by the President.

The BAFE shall have the following divisions: (1) Engineering Plans, Designs and Specifications; (2) Programs and Projects Management; (3) Standards Regulation and Enforcement; and (4) Administration and Finance.

Modifications shall be made in the organizational structure and staffing pattern of the regional field units of the DA for the creation of Agricultural Engineering Division to strengthen the provision of agricultural engineering services necessary to carry out the field implementation of the agricultural and fishery engineering, mechanization and infrastructure programs and projects of the DA.

All concerned bureaus and attached agencies of the DA implementing agri-fishery mechanization and infrastructure projects shall review and modify their organizational structure and staffing pattern with the end-view of strengthening the provision of agricultural engineering services as part of the overall network of the BAFE.

SEC. 25. Philippine Center for Postharvest Development and Mechanization (PHILMech). – The PHilMech shall coordinate, plan and execute agricultural and fishery mechanization and postharvest RDE programs and projects of the DA.

SEC. 26. Bureau of Agriculture and Fisheries Product Standards. – The BAFPS, in addition to its functions under Sections 62 and 63 of Republic Act No. 8435, shall develop standards for agriculture and fishery machinery, tools and equipment in coordination with accredited testing centers, and other concerned government and private entities.

The BAFPS is hereby renamed into Bureau of Agriculture and Fisheries Standards (BAFS) and authorized to create a new section under the current Standards Development Division on agricultural and fisheries machinery regulations. It may call upon experts, professional groups and other government agencies to assist in the performance of its functions.

SEC. 27. Agricultural Machinery Testing and Evaluation Centers (AMTEC). – The AMTEC of the College of Engineering and Agro-Industrial Technology (CEAT) of the UPLB is hereby institutionalized. The AMTEC is hereby designated as the premier and reference testing center in the country, and for purposes of functional coordination and integration, shall closely coordinate its activities with the BAFS and BAFE. As the premier testing center, it shall assist the BAFS in the formulation of quality, safety and performance standards of agricultural and fisheries machinery and of accreditation guidelines for testing centers. It shall also provide technical assistance in the establishment of testing centers in other parts of the country.

ARTICLE VII

RESPONSIBILITIES OF THE LOCAL GOVERNMENT
UNITS

SEC. 28. Implementation by the LGUs. – The LGUs, pursuant to the provisions of Republic Act No. 7160, otherwise known as the “Local Government Code of 1991″, shall undertake applied research, extension, dispersal, management and regulation of agricultural and fisheries machinery and equipment, including the collection of fees.

SEC. 29. Strengthening the Agricultural Engineering Groups of the LGUs. – The agricultural engineering division/section of the agriculture offices of the LGUs organized under Executive Order No. 86, Series of 1999 and Section 46 of Republic Act No. 8435 shall serve as the planning, coordinating, regulating and implementing bodies at the provincial, city and municipal levels on agricultural and fisheries engineering, mechanization and infrastructure programs and projects and shall have the following functions and responsibilities:

(a) Provide agricultural engineering services which include engineering survey, preparation and evaluation of plans, designs, technical specifications, feasibility studies and cost estimates/program of work of irrigation, small water impounding, soil conservation and management, farm machinery, slaughterhouses, poultry dressing plants, postharvest facilities, auction markets, farm-to-market roads and other agricultural and fisheries infrastructure projects of the LGUs;

(b) Administer, supervise and coordinate the construction, operation, maintenance, improvement and management of irrigation, small water impounding, soil and water conservation structures and facilities, farm machinery, postharvest facilities, auction markets, farm-to-market roads and other agricultural and fisheries infrastructure projects of the LGUs;

(c) Undertake the registration of agri-fishery machinery and facilities, enforcement of the PAES and other agricultural and fishery engineering regulatory activities in coordination and collaboration with the concerned national government agencies;

(d) Coordinate with the concerned national government agencies with regard to the implementation of national government programs and projects on irrigation, farm mechanization, postharvest facilities, farm-to-market roads and agricultural and fisheries infrastructure;

(e) Be in the frontline of the delivery of basic agricultural engineering services;

(f) Provide training and extension activities to farmers and fisherfolk particularly in the installation, operation and maintenance of their irrigation, postharvest facilities, agricultural and fishery machinery projects in coordination with the agriculture and fisheries extension workers;

(g) Undertake and/or coordinate the pilot testing and commercialization of matured agricultural and fisheries engineering technologies; and

(h) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

To effectively carry out the above functions and responsibilities, the agricultural engineering division of the provincial and city agriculture offices, and agricultural engineering section in the municipal agriculture offices are hereby strengthened and institutionalized into the organizational structure of the LGUs, and if not yet existing, shall be created in the particular LGUs. The LGUs belonging to the first up to the third income classes which are providing or implementing agricultural and fisheries infrastructure, mechanization and engineering projects shall hire at least one (1) agricultural engineer at the provincial, city and municipal levels.

In the case of provincial, city and municipal LGUs belonging to the fourth up to the sixth income classes which are not capable of establishing then agricultural engineering division/section due to financial constraints, the DA through its regional agricultural engineering divisions shall augment and perform such responsibilities and, as deemed necessary, establish its provincial, city and municipal operation units, and shall be allocated and provided with necessary funding and manpower requirements for their operation.

ARTICLE VIII

PROHIBITED ACTS, PENALTIES AND SANCTIONS

SEC. 30. Prohibited Acts. – It is unlawful for any person to:

(a) Sell, mortgage or lease agricultural and fishery machinery without being registered with the BAFE;

(b) Sell new agricultural and fishery machinery without warranty or after-sales service;

(c) Claim ownership to an agricultural and fishery machinery that has not been properly registered in his/her name; and

(d) Operate a testing center without proper accreditation.

SEC. 31. Penalties. – Any person who shall violate any provision of this Act shall, upon conviction, be subject to a fine of not less than One thousand pesos (P1,000.00) but not more than Ten thousand pesos (P10,000.00) or imprisonment of not less than two (2) months but not more than one (1) year, or both, upon the discretion of the court and/or other applicable penalties imposed under Republic Act No. 7394, otherwise known as the “Consumer Act of the Philippines”. The purchase of noncertified or substandard agricultural and fishery machinery for the government shall be dealt with under Republic Act No. 3019, as amended, otherwise known as the “Anti-Graft and Corrupt Practices Act.”

SEC. 32. Sanctions. – This provision shall take effect four (4) years upon the enactment of this Act when all regulatory provisions have already been in place. The Secretary or his duly authorized representative has the power to file before the proper court or regulatory agency the:

(a) Forfeiture proceedings for agricultural and fishery machinery that is not duly certified, without serial number and without warranty, and is substandard;

(b) Closure proceedings against business entities not duly registered as manufacturers, assemblers, dealers or importers of agricultural and fishery machinery, or sells new agricultural and fishery machinery not duly certified, without a serial number, or without warranty, without after-sales service and substandard; and

(c) Closure proceedings against testing centers that has not been duly accredited.

Any business that sells new agricultural and fishery machinery which was not duly certified, without a serial number, without warranty, or without after-sales service shall be given one (1) month to refund or replace the sold machinery duly corrected for any deficiency as indicated. Failure to do so shall result to corresponding legal action against the offending party.

ARTICLE IX

MISCELLANEOUS PROVISIONS

SEC. 33. Agricultural and Fisheries Mechanization Programs at the Local Levels. – The LGUs, through an ordinance, shall also formulate in consultation with the DA and implement their respective provincial, city and municipal agricultural and fishery mechanization plans as a vital component of their respective local development plans.

SEC. 34. Contiguous Farming. – The DA, together with the Department of Agrarian Reform (DAR), shall carry out contiguous farming projects in order to effect suitable field shapes and sizes conducive to efficient operation of agricultural machinery and equipment and likewise to ensure economies of scale. The contiguous farming projects shall:

(a) Promote farm land clustering with a minimum of fifty (50)-hectare cluster for synchronized farming operations, from land preparation to harvesting, in cooperation or contract with agricultural mechanized operation service providers;

(b) Undertake farm development planning; and

(c) Promote the strengthening of farmers cooperatives and associations.

SEC. 35. Use of Renewable Energy. – The use of renewable and nonconventional energy such as wind, solar, hydro, biomass and other farm-based energy sources shall be promoted as power sources for the operation and maintenance of agricultural and fisheries machinery. The DA, in coordination with the Department of Energy (DOE), the DOST and SUCs, and the private sector shall undertake research and extension activities to enhance the use of renewable and nonconventional energy in agricultural and fisheries operations.

SEC. 36. Infrastructure Support. – The government shall provide priority investment for the infrastructure needs in clustered farm land identified as key agricultural and fishery production areas to accelerate agricultural and fisheries mechanization in the countryside and this includes irrigation, farm-to-market roads, postharvest, power and communications facilities.

SEC. 37. Implementing Rules and Regulations. – The DA, within six (6) months upon the enactment of this Act and in consultation with the stakeholders and other government agencies, shall promulgate the necessary rules and regulations to implement this Act.

SEC. 38. Funding. – The Secretary of Agriculture shall include in the DA’s program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act.

The DA shall likewise set aside funds from the Agricultural Competitiveness Enhancement Fund (ACEF) for grants to upgrade the AMTEC and to establish one (1) testing center in Visayas and one (1) testing center in Mindanao.

The BAR shall allocate funds annually from its regular R&D funds to support research programs, processing of patent applications, and testing and certification of locally designed agri-fisheries equipment and machineries.

All LGUs shall include in their investment plans, as part of the priority appropriations for local development fund, the funding support for the implementation of their respective provincial, city, municipal and barangay agricultural and fisheries mechanization programs in accordance with Republic Act No. 7160 and its implementing rules and regulations and the Department of the Interior and Local Government-Department of Budget and Management (DILG-DBM) Joint Memorandum Circular No. 1, Series of 2005.

The CHED shall allocate funds from the Higher Education Development Fund necessary for the upgrading of agri-fisheries mechanization and engineering laboratory facilities of concerned SUCs, faculty training program and scholarships.

The TESDA shall likewise allocate funds from its annual appropriations necessary for the skills certification and training program for agri-fishery machinery technicians and operators.

SEC. 39. Congressional Oversight Committee. – The Congressional Oversight Committee on Agricultural and Fisheries Modernization (COCAFM) shall be the congressional oversight committee for purposes of this Act.

SEC. 40. Separability Clause. – The provisions of this Act are hereby declared separable and if any clause, sentence, provision or section hereof should be declared invalid, such invalidity shall not affect the other provisions of this Act which can be given force and effect without the provisions which have been declared invalid.

SEC. 41. Repealing Clause. – All laws, decrees, executive and other administrative issuances and parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 42. Effectivity Clause. – This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or m two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3338 and House Bill No. 6548 was finally passed by the Senate and the House of Representatives on February 4, 2013.

Approved: JUN 05 2013

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

S. No. 3366
H. No. 6131

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10593]

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8048, ENTITLED “AN ACT PROVIDING FOR THE REGULATION OF THE CUTTING OF COCONUT TREES, ITS REPLENISHMENT, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES”

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

SECTION 1. Section 4 of Republic Act. No. 8048, also known as the “Coconut Preservation Act of 1995″, is hereby amended to read as follows:

“SEC. 4. Prohibition. – No coconut tree shall be cut except in the following cases and only after a permit had been issued therefor:

“(a) When the tree is sixty (60) years old in the case of tall varieties, and at least forty (40) years old for dwarf varieties;

“(b) When the tree is no longer economically productive;

“(c) When the tree is severely disease-infested and beyond rehabilitation;

“(d) When the tree is severely damaged by typhoon or lightning;

“(e) When the agricultural land devoted to coconut production shall have been converted in accordance with law into residential, commercial or industrial areas;

“(f) When the land devoted to coconut production shall be converted into other agricultural uses or other agriculture-related activities in pursuance to a conversion duly applied for by the owner and approved by the proper authorities: Provided, That no conversion shall be allowed by the PCA until after it shall have been verified and certified that for a period of at least three (3) years the majority of the coconut trees have become senescent and economically unproductive or where the coconut farm is not adaptable to sound management practices on account of geographical location, topography, drainage and other conditions rendering the farm economically unproductive; and

“(g) When the tree would cause hazard to life and property.

“No other causes other than those abovementioned shall be considered as a valid ground for cutting.”

SEC. 2. Section 5 of Republic Act No. 8048 is hereby amended to read as follows:

“SEC. 5. Permit to Cut. – No coconut tree or trees shall be cut unless a permit therefore, upon due application being made, has been issued by the PCA pursuant to Section 6 of this Act.

“The applicant shall pay an application fee in the amount of One hundred pesos (P100.00) for every tree intended to be cut payable to the PCA. Forty pesos (P40.00) of the fee shall accrue in favor of the PCA, Forty pesos (P40.00) in favor of the municipal government concerned, and Twenty pesos (P20.00) in favor of the barangay unit concerned. The fees allocated to the PCA shall be used for its replanting program and the fees allocated to the municipal/city government shall be used for the repair and rehabilitation of roads of the respective local government units which have been damaged by the continuous passage of heavy vehicles used for transporting coconut lumber.

“Fees herein collected shall be deposited with the nearest Land Bank of the Philippines branch or other government depository banks. Fees accruing to the local government unit shall be remitted within three (3) months in accordance with existing Commission on Audit (COA) rules and regulations.

“No permit to cut shall be granted unless the applicant has secured from the barangay captain of the locality where the cutting will be done, a certification under oath that he/she has already planted the equivalent number of coconut trees applied for to be cut.

“Such replanting, however, shall not apply to areas converted into industrial, commercial or residential sites or land transformed in accordance with law, into other agricultural purposes.

“The PCA, in coordination with the local government unit concerned, shall verify if a replanting was implemented and regulate and oversee the fertilization and care of the newly planted coconut trees. For this purpose, it shall be incumbent upon the PCA to conduct, from time to time, on-the-spot inspections of the sites where the coconut trees have been planted.”

SEC. 3. A new Section 7 is hereby inserted after Section 6 of this Act, to read as follows:

“SEC. 7. Police Powers. – The PCA shall be vested with the authority to exercise duly delegated police powers for the proper performance of its functions and duties, to wit:

“(a) Investigate suspected violations of this Act;

“(b) Arrest and apprehend any person actually committing or attempting to commit an offense under this Act;

“(c) Arrest and apprehend possessor of coconut lumber without the necessary permit as required under this Act;

“(d) Search and seize a moving vehicle with illegally cut, gathered, collected or removed coconut lumber: Provided, That probable cause for the search is established;

“(e) Stop the transport and/or shipment of coconut lumber without authority or without legal documents in accordance with pertinent laws, regulations or policies on the matter;

“(f) Confiscate and forfeit in favor of the government the illegally cut, gathered, collected, removed, possessed or abandoned coconut lumber, as well as the machinery, equipment, implements and tools illegally used in the commission of the offense and to dispose of the same in accordance with pertinent laws, regulations or policies on the matter; and

“(g) Seek the assistance of other law enforcement agencies for the efficient and effective implementation of this Act.”

SEC. 4. Section 7 of Republic Act No. 8048, hereby renumbered as Section 8, is hereby amended to read as follows:

“SEC. 8. Implementing Rules. – The Philippine Coconut Authority shall be the lead agency to implement the provisions of this Act. For this purpose, the Philippine Coconut Authority shall prescribe the necessary rules and regulations for the immediate and effective implementation of this Act.

“The PCA, in order to effectively implement the provisions of this Act, may request the assistance of any local government unit, to monitor and ensure compliance with this Act including its implementing rules and regulations. For this purpose, the PCA may deputize the Philippine National Police or other law enforcement agencies to investigate and apprehend those caught violating the provisions of this Act, including the confiscation of illegally cut coconut trees. In order to prevent wastage, the PCA shall order the immediate disposition of confiscated coconut lumber in a manner to be determined by the PCA.

“In addition to the foregoing, the PCA shall also, in coordination, with the local government unit concerned, require the registration of all sawmills, lumberyards, coconut wood dealers and other persons or entities dealing in the processing and sawing of coconut trees.”

SEC. 5. Section 8 of Republic Act No. 8048, hereby renumbered as Section 9, is hereby amended to read as follows:

“SEC. 9. Penalties. – Those found guilty of violating this Act or any rules and regulations issued pursuant hereto shall, upon conviction, be punished by imprisonment of not less than two (2) years but not more than six (6) years, or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court.

“If the offender is a corporation or a juridical entity, the official who ordered, or allowed the commission of the offense shall be punished with the same penalty.

“If the offender is in the government service, he shall, in addition be dismissed from office.

“Upon verification by the PCA that no replanting was done, the barangay captain who issued the certification shall, upon conviction, be penalized with imprisonment of not less than three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00). Furthermore, the barangay captain concerned shall be perpetually disqualified from holding any other public office.”

SEC. 6. The succeeding sections are hereby renumbered accordingly.

SEC. 7. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain valid and subsisting.

SEC. 8. Repealing Clause. – All laws, issuances or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 9. Effectivity Clause. – This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3366 and House Bill No. 6131 was finally passed by the Senate and the House of Representatives on January 28, 2013 and January 30, 2013, respectively.

Approved: MAY 29 2013

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

S. No. 3064
H. No. 417

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10592]

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

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

SECTION 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is hereby further amended to read as follows:

“ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:

“1. When they are recidivists, or have been convicted previously twice or more times of any crime; and

“2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

“If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.

“Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.

“Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. Computation of preventive imprisonment for purposes of immediate release under this paragraph shall be the actual period of detention with good conduct time allowance: Provided, however, That if the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act. In case the maximum penalty to which the accused may be sentenced is lestierro, he shall be released after thirty (30) days of preventive imprisonment.”

SEC. 2. Article 94 of the same Act is hereby further amended to read as follows:

“ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:

“1. By conditional pardon;

“2. By commutation of the sentence; and

“3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his sentence.”

SEC. 3. Article 97 of the same Act is hereby further amended to read as follows:

“ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall entitle him to the following deductions from the period of his sentence:

“1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention;

“2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for each month of good behavior during detention;

“3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-five days for each month of good behavior during detention;

“4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during detention; and

“5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.

“An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.”

SEC. 4. Article 98 of the same Act is hereby further amended to read as follows:

“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of his sentence shall be granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

“This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence.”

SEC. 5. Article 99 of the same Act is hereby further amended to read as follows:”

“ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked.”

SEC. 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be imposed against any public officer or employee who violates the provisions of this Act.

SEC. 7. Implementing Rules and Regulations. – The Secretary of the Department of Justice (DOJ) and the Secretary of the Department of the Interior and Local Government (DILG) shall within sixty (60) days from the approval of this Act, promulgate rules and regulations on the classification system for good conduct and time allowances, as may be necessary, to implement the provisions of this Act.

SEC. 8. Separability Clause. – If any part hereof is held invalid or unconstitutional, the remainder of the provisions not otherwise affected shall remain valid and subsisting.

SEC. 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in at least two (2) new papers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3064 and House Bill No. 417 was finally passed by the Senate and the House of Representatives on November 5, 2012 and January 28, 2013, respectively.

Approved: MAY 29 2013

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

S. No. 3397
H. No. 5484

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10591]

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

ARTICLE I

TITLE, DECLARATION OF POLICY AND
DEFINITION OF TERMS

SECTION 1. Short Title. – This Act shall be known as the “Comprehensive Firearms and Ammunition Regulation Act”.

SEC. 2. Declaration of State Policy. – It is the policy of the State to maintain peace and order and protect the people against violence. The State also recognizes the right of its qualified citizens to self-defense through, when it is the reasonable means to repel the unlawful aggression under the circumstances, the use of firearms. Towards this end, the State shall provide for a comprehensive law regulating the ownership, possession, carrying, manufacture, dealing in and importation of firearms, ammunition, or parts thereof, in order to provide legal support to law enforcement agencies in their campaign against crime, stop the proliferation of illegal firearms or weapons and the illegal manufacture of firearms or weapons, ammunition and parts thereof.

SEC. 3. Definition of Terms. – As used in this Act:

(a) Accessories refer to parts of a firearm which may enhance or increase the operational efficiency or accuracy of a firearm but will not constitute any of the major or minor internal parts thereof such as, hut not limited to, laser scope, telescopic sight and sound suppressor or silencer.

(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge case and primer or loaded shell for use in any firearm.

(c) Antique firearm refers to any: (1) firearm which was manufactured at least seventy-five (75) years prior to the current date but not including replicas; (2) firearm which is certified by the National Museum of the Philippines to be curio or relic of museum interest; and (3) any other firearm which derives a substantial part of its monetary value from the fact that it is novel, rare, bizarre or because of its association with some historical figure, period or event.

(d) Arms smuggling refers to the import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts and components and ammunition, from or across the territory of one country to that of another country which has not been authorized in accordance with domestic law in either or both country/countries.

(e) Authority to import refers to a document issued by the Chief of the Philippine National Police (PNP) authorizing the importation of firearms, or their parts, ammunition and other components.

(f) Authorized dealer refers to any person, legal entity, corporation, partnership or business entity duly licensed by the Firearms and Explosive Office (FEO) of the PNP to engage in the business of buying and selling ammunition, firearms or parte thereof, at wholesale or retail basis.

(g) Authorized importer refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO of the PNP to engage in the business of importing ammunition and firearms, or parts thereof into the territory of the Republic of the Philippines for purposes of sale or distribution under the provisions of this Act.

(h) Authorized manufacturer refers to any person, legal entity, corporation, or partnership duly licensed by the FEO of the PNP to engage in the business of manufacturing firearms, and ammunition or parts thereof for purposes of sale or distribution.

(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP, National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and all other law enforcement agencies by reason of their mandate and must be necessarily reported or turned over to the PEO of the PNP.

(j) Demilitarized firearm refers to a firearm deliberately made incapable of performing its main purpose of firing a projectile.

(k) Duty detail order refers to a document issued by the juridical entity or employer wherein the details of the disposition of firearm is spelled-out, thus indicating the name of the employee, the firearm information, the specific duration and location of posting or assignment and the authorized bonded firearm custodian for the juridical entity to whom such firearm is turned over after the lapse of the order.

(l) Firearm refers to any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile, which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement. For purposes of this Act, the barrel, frame or receiver is considered a firearm.

(m) Firearms Information Management System (FIMS) refers to the compilation of all data and information on firearms ownership and disposition for record purposes.

(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court order as accessory penalty or for the disposition by the FEO of the PNP of firearms considered as abandoned, surrendered, confiscated or revoked in compliance with existing rules and regulations.

(o) Gun club refers to an organization duly registered with and accredited in good standing by the FEO of the PNP which is established for the purpose of propagating responsible and safe gun ownership, proper appreciation and use of firearms by its members, for the purpose of sports and shooting competition, self-defense and collection purposes.

(p) Gunsmith refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO of the PNP to engage in the business of repairing firearms and other weapons or constructing or assembling firearms and weapons from finished or manufactured parts thereof on a per order basis and not in commercial quantities or of making minor parts for the purpose of repairing or assembling said firearms or weapons.

(q) Imitation firearm refers to a replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to believe that such imitation firearm is a real firearm.

(r) Licensed citizen refers to any Filipino who complies with the qualifications set forth in this Act and duly issued with a license to possess or to carry firearms outside of the residence in accordance with this Act.

(s) Licensed, juridical entity refers to corporations, organizations, businesses including security agencies and local government units (LGUs) which are licensed to own and possess firearms in accordance with this Act.

(t) Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and carbines, submachine guns, assault rifles and light machine guns not exceeding caliber 7.62MM which have fully automatic mode; and Class-B Light weapons which refer to weapons designed for use by two (2) or more persons serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such as heavy machine guns, handheld underbarrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable launchers of anti-aircraft missile systems, and mortars of a caliber of less than 100MM.

(u) Long certificate of registration refers to licenses issued to government agencies or offices or government-owned or -controlled corporations for firearms to be used by their officials and employees who are qualified to possess firearms as provider in this Act, excluding security guards.

(v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been lost or stolen, illegally manufactured firearms, registered firearms in the possession of an individual other than the licensee and those with revoked licenses in accordance with the rules and regulations.

(w) Major part or components of a firearm refers to the barrel, slide, frame, receiver, cylinder or the bolt assembly. The term also includes any part or kit designed and intended for use in converting a semi-automatic burst to a full automatic firearm.

(x) Minor parts of a firearm refers to the parts of the firearm other than the major parts which are necessary to effect and complete the action of expelling a projectile by way of combustion, except those classified as accessories.

(y) Permit to carry firearm outside of residence refers to a written authority issued to a licensed citizen by the Chief of the PNP which entitles such person to carry his/her registered or lawfully issued firearm outside of the residence for the duration and purpose specified in the authority.

(z) Permit to transport firearm refers to a written authority issued to a licensed citizen or entity by the Chief of the PNP or by a PNP Regional Director which entitles such person or entity to transport a particular firearm from and to a specific location within the duration and purpose in the authority.

(aa) Residence refers to the place or places of abode of the licensed citizen as indicated in his/her license.

(bb) Shooting range refers to a facility established for the purpose of firearms training and skills development, firearm testing, as well as for sports and competition shooting either for the exclusive use of its members or open to the general public, duly registered with and accredited in good standing by the FEO of the PNP.

(cc) Short certificate of registration refers to a certificate issued by the FEO of the PNP for a government official or employee who was issued by his/her employer department, agency or government-owned or -controlled corporation a firearm covered by the long certificate of registration.

(dd) Small arms refer to firearms intended to be or primarily designed for individual use or that which is generally considered to mean a weapon intended to be fired from the hand or shoulder, which are not capable of fully automatic bursts of discharge, such as:

(1) Handgun which is a firearm intended to be fired from the hand, which includes:

(i) A pistol which is a hand-operated firearm having a chamber integral with or permanently aligned with the bore which may be self-loading; and

(ii) Revolver which is a hand-operated firearm with a revolving cylinder containing chambers for individual cartridges.

(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that can discharge a bullet through a rifled barrel by different actions of loading, which may be classified as lever, bolt, or self-loading; and

(3) Shotgun which is a weapon designed, made and intended to fire a number of ball shots or a single projectile through a smooth bore by the action or energy from burning gunpowder.

(ee) Sports shooting competition refers to a defensive, precision or practical sport shooting competition duly authorized by the FEO of the PNP.

(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial number or other identification or ballistics characteristics have been intentionally tampered with, obliterated or altered without authority or in order to conceal its source, identity or ownership.

(gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging device which amplifies available thermal signatures so that the viewed scene becomes clear to the operator which is used to locate and engage targets during daylight and from low light to total darkness and operates in adverse conditions such as light rain, light snow, and dry smoke or in conjunction with other optical and red dot sights.

ARTICLE II

OWNERSHIP AND POSSESSION OF FIREARMS

SEC. 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess Firearms. – In order to qualify and acquire a license to own and possess a firearm or firearms and ammunition, the applicant must be a Filipino citizen, at least twenty-one (21) years old and has gainful work, occupation or business or has filed an Income Tax Return (ITR) for the preceding year as proof of income, profession, business or occupation.

In addition, the applicant shall submit the following certification issued by appropriate authorities attesting the following:

(a) The applicant has not been convicted of any crime involving moral turpitude:

(b) The applicant has passed the psychiatric test administered by a PNP-accredited psychologist or psychiatrist;

(c) The applicant has passed the drug test conducted by an accredited and authorized drug testing laboratory or clinic;

(d) The applicant has passed a gun safety seminar which is administered by the PNP or a registered and authorized gun club;

(e) The applicant has filed in writing the application to possess a registered firearm which shall state the personal circumstances of the applicant;

(f) The applicant must present a police clearance from the city or municipality police office; and

(g) The applicant has not been convicted or is currently an accused in a pending criminal case before any court of law for a crime that is punishable with a penalty of more than two (2) years.

For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the courts of law shall qualify the accused thereof to qualify and acquire a license.

The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules and regulations of this Act.

An applicant who intends to possess a firearm owned by a juridical entity shall submit his/her duty detail order to the FEO of the PNP.

SEC. 5. Ownership of Firearms and Ammunition by a Juridical Entity. – A juridical person maintaining its own security force may be issued a regular license to own and possess firearms and ammunition under the following conditions:

(a) It must be Filipino-owned and duly registered with the Securities and Exchange Commission (SEC);

(b) It is current, operational and a continuing concern;

(c) It has completed and submitted all its reportorial requirements to the SEC; and

(d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal Revenue.

The application shall be made in the name of the juridical person represented by its President or any of its officers mentioned below as duly authorized in a board resolution to that effect: Provided, That the officer applying for the juridical entity, shall possess all the qualifications required of a citizen applying for a license to possess firearms.

Other corporate officers eligible to represent the juridical person are: the vice president, treasurer, and board secretary.

Security agencies and LGUs shall be included in this category of licensed holders but shall be subject to additional requirements as may be required by the Chief of the PNP.

SEC. 6. Ownership of Firearms by the National Government. – All firearms owned by the National Government shall be registered with the FEO of the PNP in the name of the Republic of the Philippines. Such registration shall be exempt from all duties and taxes that may otherwise be levied on other authorized owners of firearms. For reason of national security, firearms of the Armed Forces of the Philippines (AFP), Coast Guard and other law enforcement agencies shall only be reported to the FEO of the PNP.

SEC. 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to carry firearms outside of residence shall be issued by the Chief of the PNP or his/her duly authorized representative to any qualified person whose life is under actual threat or his/her life is in imminent danger due to the nature of his/her profession, occupation or business.

It shall be the burden of the applicant to prove that his/her life is under actual threat by submitting a threat assessment certificate from the PNP.

For purposes of this Act, the following professionals are considered to be in imminent danger due to the nature of their profession, occupation or business:

(a) Members of the Philippine Bar;

(b) Certified Public Accountants;

(c) Accredited Media Practitioners;

(d) Cashiers, Bank Tellers;

(e) Priests, Ministers, Rabbi, Imams;

(f) Physicians and Nurses;

(g) Engineers; and

(h) Businessmen, who by the nature of their business or undertaking, are exposed to high risk of being targets of criminal elements.

ARTICLE III

REGISTRATION AND LICENSING

SEC. 8. Authority to Issue License. – The Chief of the PNP, through the FEO of the PNP, shall issue licenses to qualified individuals and to cause the registration of firearms.

SEC. 9. Licenses Issued to Individuals. – Subject to the requirements set forth in this Act and payment of required fees to be determined by the Chief of the PNP, a qualified individual may be issued the appropriate license under the following categories;

Type 1 license – allows a citizen to own and possess a maximum of two (2) registered firearms;

Type 2 license – allows a citizen to own and possess a maximum of five (5) registered firearms;

Type 3 license – allows a citizen to own and possess a maximum of ten (10) registered firearms;

Type 4 license – allows a citizen to own and possess a maximum of fifteen (15) registered firearms; and

Type 5 license – allows a citizen, who is a certified gun collector, to own and possess more than fifteen (15) registered firearms.

For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security measures for the safekeeping of firearms shall be required.

For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements.

SEC. 10. Firearms That May Be Registered. – Only small arms may be registered by licensed citizens or licensed juridical entities for ownership, possession and concealed carry. A light weapon shall be lawfully acquired or possessed exclusively by the AFP, the PNP and other law enforcement agencies authorized by the President in the performance of their duties: Provided, That private individuals who already have licenses to possess Class-A light weapons upon the effectivity of this Act shall not be deprived of the privilege to continue possessing the same and renewing the licenses therefor, for the sole reason that these firearms are Class “A” light weapons, and shall be required to comply with other applicable provisions of this Act.

SEC. 11. Registration of Firearms. – The licensed citizen or licensed juridical entity shall register his/her/its firearms so purchased with the FEO of the PNP in accordance with the type of license such licensed citizen or licensed juridical entity possesses. A certificate of registration of the firearm shall be issued upon payment of reasonable fees.

For purposes of this Act, registration refers to the application, approval, record-keeping and monitoring of firearms with the FEO of the PNP in accordance with the type of license issued to any person under Section 9 of this Act.

SEC. 12. License to Possess Ammunition Necessarily Included. – The licenses granted to qualified citizens or juridical entities as provided in Section 9 of this Act shall include the license to possess ammunition with a maximum of fifty (50) rounds for each registered firearm: Provided; That the FEO of the PNP may allow more ammunition to be possessed by licensed sports shooters.

SEC. 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. – Any person desiring to manufacture or deal in firearms, parts of firearms or ammunition thereof, or instruments and implements used or intended to be used in the manufacture of firearms, parts of firearms or ammunition, shall make an application to:

(a) The Secretary of the Department of the Interior and Local Government (DILG) in the case of an application for a license to manufacture; and

(b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts, ammunition and gun repair.

The applicant shall state the amount of capitalization for manufacture or cost of the purchase and sale of said articles intended to be transacted by such applicant; and the types of firms, ammunition or implements which the applicant intends to manufacture or purchase and sell under the license applied for; and such additional information as may be especially requested by the Secretary of the DILG or the Chief of the PNP.

The Secretary of the DILG or the Chief of the PNP may approve or disapprove such application based on the prescribed guidelines. In the case of approval, the Secretary of the DILG or the Chief of the PNP shall indicate the amount of the bond to be executed by the applicant before the issuance of the license and the period of time by which said license shall be effective, unless sooner revoked by their authority.

Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary of the DILG or the Chief of the PNP as the case may be, the same shall be transmitted to the FEO of the PNP which shall issue the license in accordance with the approved terms and conditions, upon the execution and delivery by the applicant of the required bond conditioned upon the faithful compliance on the part of the licensee to the laws and regulations relative to the business licensed.

SEC. 14. Scope of License to Manufacture Firearms and Ammunition. – The scope of the License to Manufacture firearms and ammunition shall also include the following:

(a) The authority to manufacture and assemble firearms, ammunition, spare parts and accessories, ammunition components, and reloading of ammunitions, within sites, areas, and factories stated therein. The Secretary of the DILG shall approve such license;

(b) The license to deal in or sell all the items covered by the License to Manufacture, such as parts, firearms or ammunition and components;

(c) The authority to subcontract the manufacturing of parts and accessories necessary for the firearms which the manufacturer is licensed to manufacture: Provided, That the subcontractor of major parts or major components is also licensed to manufacture firearms and ammunition; and

(d) The authority to import machinery, equipment, and firearm parts and ammunition components for the manufacture thereof. Firearm parts and ammunition components to be imported shall, however, be limited to those authorized to be manufactured as reflected in the approved License to Manufacture. The Import Permit shall be under the administration of the PNP.

A licensed manufacturer of ammunition is also entitled to import various reference firearms needed to test the ammunition manufactured under the License to Manufacture. A licensed manufacturer of firearms, on the other hand, is entitled to import various firearms for reference, test and evaluation for manufacture of similar, types of firearms covered by the License to Manufacture.

An export permit shall, however, be necessary to export manufactured parts or finished products of firearms and ammunition. The Export Permit of firearms and ammunition shall be under the administration of the PNP.

SEC. 15. Registration of Locally Manufactured and Imported Firearms. – Local manufacturers and importers of firearms and major parts thereof shall register the same as follows:

(a) For locally manufactured firearms and major parts thereof, the initial registration shall be done at the manufacturing facility: Provided, That firearms intended for export shall no longer be subjected to ballistic identification procedures; and

(b) For imported firearms and major parts thereof, the registration shall be done upon arrival at the FEO of the PNP storage facility.

SEC. 16. License and Scope of License to Deal. – The License to Deal authorizes the purchase, sale and general business in handling firearms and ammunition, major and minor parts of firearms, accessories, spare parts, components, and reloading machines, which shall be issued by the Chief of the PNP.

SEC. 17. License and Scope of License for Gunsmiths. – The license for gunsmiths shall allow the grantee to repair registered firearms. The license shall include customization of firearms from finished or manufactured parts thereof on per order basis and not in commercial quantities and making the minor parts thereof, i.e. pins, triggers, trigger bows, sights and the like only for the purpose of repairing the registered firearm. The license for gunsmiths shall be issued by the Chief of the PNP.

SEC. 18. Firearms for Use in Sports and Competitions. – A qualified individual shall apply for a permit to transport his/her registered firearm/s from his/her residence to the firing range/s and competition sites as may be warranted.

SEC. 19. Renewal of Licenses and Registration. – All types of licenses to possess a firearm shall be renewed every two (2) years. Failure to renew the license on or before the date of its expiration shall cause the revocation of the license and of the registration of the firearm/s under said licensee.

The registration of the firearm shall be renewed every four (4) years. Failure to renew the registration of the firearm on or before the date of expiration shall cause the revocation of the license of the firearm. The said firearm shall be confiscated or forfeited in favor of the government after due process.

The failure to renew a license or registration within the periods stated above on two (2) occasions shall cause the holder of the firearm to be perpetually disqualified from applying for any firearm license. The application for the renewal of the license or registration may be submitted to the FEO of the PNP, within six (6) months before the date of the expiration of such license or registration.

SEC. 20. Inspection and Inventory. – The Chief of the PNP or his/her authorized representative shall require the submission of reports, inspect or examine the inventory and records of a licensed manufacturer, dealer or importer of firearms and ammunition during reasonable hours.

ARTICLE IV

ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS

SEC. 21. Acquisition or Purchase and Sale of Firearms and Ammunition. – Firearms and ammunition may only be acquired or purchased from authorized dealers, importers or local manufacturers and may be transferred or sold only from a licensed citizen or licensed juridical entity to another licensed citizen or licensed juridical entity: Provided, That, during election periods, the sale and registration of firearms and ammunition and the issuance of the corresponding licenses to citizens shall be allowed on the condition that the transport or delivery thereof shall strictly comply with the issuances, resolutions, rules and regulations promulgated by the Commission on Elections.

SEC. 22. Deposit of Firearms by Persons Arriving From Abroad. – A person arriving in the Philippines who is legally in possession of any firearm or ammunition in his/her country of origin and who has declared the existence of the firearm upon embarkation and disembarkation but whose firearm is not registered in the Philippines in accordance with this Act shall deposit the same upon written receipt with the Collector of Customs for delivery to the FEO of the PNP for safekeeping, or for the issuance of a permit to transport if the person is a competitor in a sports shooting competition. If the importation of the same is allowed and the party in question desires to obtain a domestic firearm license, the same should be undertaken in accordance with the provisions of this Act. If no license is desired or leave to import is not granted, the firearm or ammunition in question shall remain in the custody of the FEO of the PNP until otherwise disposed of in-accordance with law.

SEC. 23. Return of Firearms to Owner upon Departure from the Philippines. – Upon the departure from the Philippines of any person whose firearm or ammunition is in the custody of the FEO of the PNP, the same shall, upon timely request, be delivered to the person through the Collector of Customs. In the case of a participant in a local sports shooting competition, the firearm must be presented to the Collector of Customs before the same is allowed to be loaded on board the carrier on which the person is to board.

SEC. 24. Safekeeping of Firearms and Ammunition. – Any licensee may deposit a registered firearm to the FEO of the PNP, or any Police Regional Office for safekeeping. Reasonable fees for storage shall be imposed.

SEC. 25. Abandoned Firearms and Ammunition. – Any firearm or ammunition deposited in the custody of the FEO of the PNP pursuant to the provisions of this Act, shall be deemed to have been abandoned by the owner or his/her authorized representative if he/she failed to reclaim the same within five (5) years or failed to advise the FEO of the PNP of the disposition to be made thereof. Thereafter, the FEO of the PNP may dispose of the same after compliance with established procedures.

SEC. 26. Death or Disability of Licensee. – Upon the death or legal disability of the holder of a firearm license, it shall be the duty of his/her next of kin, nearest relative, legal representative, or other person who shall knowingly come into possession of such firearm or ammunition, to deliver the same to the FEO of the PNP or Police Regional Office, and such firearm or ammunition shall be retained by the police custodian pending the issuance of a license and its registration in accordance, with this Act. The failure to deliver the firearm or ammunition within six (6) months after the death or legal disability of the licensee shall render the possessor liable for illegal possession of the firearm.

SEC. 27. Antique Firearm. – Any person who possesses an antique firearm shall register the same and secure a collector’s license from the FEO of the PNP. Proper storage of antique firearm shall be strictly imposed. Noncompliance of this provision shall be considered as illegal possession of the firearm as penalized in this Act.

ARTICLE V

PENAL PROVISIONS

SEC. 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The unlawful acquisition, possession of firearms and ammunition shall be penalized as follows:

(a) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a small arm;

(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small arms or Class-A light weapons are unlawfully acquired or possessed by any person;

(c) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a Class-A light weapon;

(d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully acquire or possess a Class-B light weapon;

(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this section shall be imposed upon any person who shall unlawfully possess any firearm under any or combination of the following conditions:

(1) Loaded with ammunition or inserted with a loaded magazine;

(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as thermal weapon sight (TWS) and the like;

(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;

(4) Accompanied with an extra barrel; and

(5) Converted to be capable of firing full automatic bursts.

(f) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a small arm;

(g) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a small arm, the former violation shall be absorbed by the latter;

(h) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a Class-A light weapon;

(i) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-A light weapon, the former violation shall be absorbed by the latter;

(j) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a Class-B light weapon; and

(k) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-B light weapon, the former violation shall be absorbed by the latter.

SEC. 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised Penal Code or other special laws, shall be considered as an aggravating circumstance: Provided, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged: Provided, further, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed under the preceding section for illegal possession of firearms, the penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty.

If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of rebellion of insurrection, or attempted coup d’ etat, such violation shall be absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’ etat.

If the crime is committed by the person without using the loose firearm, the violation of this Act shall be considered as a distinct and separate offense.

SEC. 30. Liability of Juridical Person. – The penalty of prision mayor in its minimum to prision mayor in its medium period shall be imposed upon the owner, president, manager, director or other responsible officer of/any public or private firm, company, corporation or entity who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding section, or willfully or knowingly allow any of them to use unregistered firearm or firearms without any legal authority to be carried outside of their residence in the course of their employment.

SEC. 31. Absence of Permit to Carry Outside of Residence. – The penalty of prision correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon any person who is licensed to own a firearm but who shall carry the registered firearm outside his/her residence without any legal authority therefor.

SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of Firearms, Ammunition or Parts Thereof. – The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall unlawfully engage in the manufacture, importation, sale or disposition of a firearm or ammunition, or a major part of a firearm or ammunition, or machinery, tool or instrument used or intended to be used by the same person in the manufacture of a firearm, ammunition, or a major part thereof.

The possession of any machinery, tool or instrument used directly in the manufacture of firearms, ammunition, or major parts thereof by any person whose business, employment or activity does not lawfully deal with the possession of such article, shall be prima facie evidence that such article is intended to be used in the unlawful or illegal manufacture of firearms, ammunition or parts thereof.

The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be imposed upon any laborer, worker or employee of a licensed firearms dealer who shall unlawfully take, sell or otherwise dispose of parts of firearms or ammunition which the company manufactures and sells, and other materials used by the company in the manufacture or sale of firearms or ammunition. The buyer or possessor of such stolen part or material, who is aware that such part or material was stolen, shall suffer the same penalty as the laborer, worker or employee.

If the violation or offense is committed by a corporation, partnership, association or other juridical entity, the penalty provided for in this section shall be imposed upon the directors, officers, employees or other officials or persons therein who knowingly and willingly participated in the unlawful act.

SEC. 33. Arms Smuggling. – The penalty of reclusion perpetua shall be imposed upon any person who shall engage or participate in arms smuggling as defined in this Act.

SEC. 34. Tampering, Obliteration or Alteration of Firearms Identification. – The penalty of prision correccional to prision mayor in its minimum period shall be imposed upon any person who shall tamper, obliterate or alter without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly, including the name of the maker, model, or serial number of any firearm, or who shall replace without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly, including its individual or peculiar identifying characteristics essential in forensic examination of a firearm or light weapon.

The PNP shall place this information, including its individual or peculiar identifying characteristics into the database of integrated firearms identification system of the PNP Crime Laboratory for future use and identification of a particular firearm.

SEC. 35. Use of an Imitation Firearm. – An imitation firearm used in the commission of a crime shall be considered a real firearm as defined in this Act and the person who committed the crime shall be punished in accordance with this Act: Provided, That injuries caused on the occasion of the conduct of competitions, sports, games, or any recreation activities involving imitation firearms shall not be punishable under this Act.

SEC. 36. In Custodia Legis. – During the pendency of any case filed in violation of this Act, seized firearm, ammunition, or parts thereof, machinery, tools or instruments shall remain in the custody of the court. If the court decides that it has no adequate means to safely keep the same, the court shall issue an order to turn over to the PNP Crime Laboratory such firearm, ammunition, or parts thereof, machinery, tools or instruments in its custody during the pendency of the case and to produce the same to the court when so ordered. No bond shall be admitted for the release of the firearm, ammunition or parts thereof, machinery, tool or instrument. Any violation of this paragraph shall be punishable by prision mayor in its minimum period to prision mayor in its medium period.

SEC. 37. Confiscation and Forfeiture. – The imposition of penalty for any violation of this Act shall carry with it the accessory penalty of confiscation and forfeiture of the firearm, ammunition, or parts thereof, machinery, tool or instrument in favor of the government which shall be disposed of in accordance with law.

SEC. 38. Liability for Planting Evidence. – The penalty of prision mayor in its maximum period shall be imposed upon any person who shall willfully and maliciously insert; place, and/or attach, directly or indirectly, through any overt or covert act, any firearm, or ammunition, or parts thereof in the person, house, effects, or in the immediate vicinity of an innocent individual for the purpose of implicating or incriminating the person, or imputing the commission of any violation of the provisions of this Act to said individual. If the person found guilty under this paragraph is a public officer or employee, such person shall suffer the penalty of reclusion perpetua.

SEC. 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. – The Chief of the PNP or his/her authorized representative may revoke, cancel or suspend a license or permit on the following grounds:

(a) Commission of a crime or offense involving the firearm, ammunition, of major parts thereof;

(b) Conviction of a crime involving moral turpitude or any offense where the penalty carries an imprisonment of more than six (6) years;

(c) Loss of the firearm, ammunition, or any parts thereof through negligence;

(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or workplace without, the proper permit to carry the same;

(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;

(f) Dismissal for cause from the service in case of government official and employee;

(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002″;

(h) Submission of falsified documents or misrepresentation in the application to obtain a license or permit;

(i) Noncompliance of reportorial requirements; and

(j) By virtue of a court order.

SEC. 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten thousand pesos (P10,000.00) shall be imposed upon any licensed firearm holder who fails to report to the FEO of the PNP that the subject firearm has been lost or stolen within a period of thirty (30) days from the date of discovery.

Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person holding a valid firearm license who changes residence or office address other than that indicated in the license card and fails within a period of thirty (30) days from said transfer to notify the FEO of the PNP of such change of address.

SEC. 41. Illegal Transfer/Registration of Firearms. – It shall be unlawful to transfer possession of any firearm to any person who has not yet obtained or secured the necessary license or permit thereof.

The penalty of prision correccional shall be imposed upon any person who shall violate the provision of the preceding paragraph. In addition, he/she shall be disqualified to apply for a license to possess other firearms and all his/her existing firearms licenses whether for purposes of commerce or possession, shall be revoked. If government-issued firearms, ammunition or major parts of firearms or light weapons are unlawfully disposed, sold or transferred by any law enforcement agent or public officer to private individuals, the penalty of reclusion temporal shall be imposed.

Any public officer or employee or any person who shall facilitate the registration of a firearm through fraud, deceit, misrepresentation or submission of falsified documents shall suffer the penalty of prision correccional.

ARTICLE VI

FINAL PROVISIONS

SEC. 42. Firearms Repository. – The FEO of the PNP shall be the sole repository of all firearms records to include imported and locally manufactured firearms and ammunition. Within one (1) year upon approval of this Act, all military and law enforcement agencies, government agencies, LGUs and government-owned or -controlled corporations shall submit an inventory of all their firearms and ammunition to the PNP.

SEC. 43. Final Amnesty. – Persons in possession of unregistered firearms and holders of expired license or unregistered firearms shall register and renew the same through the Final General Amnesty within six (6) months from the promulgation of the implementing rules and regulations of this Act. During the interim period of six (6) months, no person applying for license shall be charged of any delinquent payment accruing to the firearm subject for registration. The PNP shall conduct an intensive nationwide campaign to ensure that the general public is properly informed of the provisions of this Act.

SEC. 44. Implementing Rules and Regulations. – Within one hundred twenty (120) days from the effectivity of this Act, the Chief of the PNP, after public hearings and consultation with concerned sectors of society shall formulate the necessary rules and regulations for the effective implementation of this Act to be published in at least two (2) national newspapers of general circulation.

SEC. 45. Repealing Clause. – This Act repeals Sections 1, 2, 5 and 7 of Presidential Decree No. 1866, as amended, and Section 6 of Republic Act No. 8294 and all other laws, executive orders, letters of instruction, issuances, circulars, administrative orders, rules or regulations that are inconsistent herewith.

SEC. 46. Separability Clause. – If any provision of this Act or any part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SEC. 47. Effectivity. – This Act shall take effect after fifteen (15) days from its publication in a newspaper of nationwide circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3397 and House Bill No. 5484 was finally passed by the Senate and the House of Representatives on February 4, 2013 and February 5, 2013, respectively.

Approved: May 29, 2013

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

S. No. 3312
H. No. 6542

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10590]

AN ACT AMENDING REPUBLIC ACT NO. 9189, ENTITLED “AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES”

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

SECTION 1. Section 1 of Republic Act No. 9189 is hereby amended to read as follows:

“SECTION 1. Short Title. – This Act shall be known as ‘The Overseas Voting Act of 2013′.”

SEC. 2. Section 3 of Republic Act No. 9189 is hereby amended to read as follows:

“SEC. 3. Definition of Terms. – For purposes of this Act:

“(a) Certified List of Overseas Voters (CLOV) refers to the list of registered overseas voters whose applications to vote overseas have been approved by the Commission, said list to be prepared by the Office for Overseas Voting of the Commission, on a country-by-country and post-by-post basis. The list shall be approved by the Commission in an en banc resolution.

“(b) Commission refers to the Commission on Elections.

“(c) Day of Election refers to the actual date of elections in the Philippines.

“(d) Department of Foreign Affairs Overseas Voting Secretariat (DFA-OVS) refers to the secretariat based at the Department of Foreign Affairs (DFA) home office tasked to assist the Office for Overseas Voting (OFOV) under the Commission, and to direct, coordinate and oversee the participation of the DFA in the implementation of the Overseas Voting Act.

“(e) Field Registration refers to the conduct of registration of overseas voters at predetermined locations, either in the Philippines, as may be determined by the Commission, or outside the posts, upon the favorable recommendation of the DFA-OVS, both being of limited duration and based on the guidelines prescribed by the Commission for that exclusive purpose; the government shall not collect fees for the same.

“(f) Mobile Registration refers to the conduct of registration of overseas voters at various locations outside the posts, other than at field registrations, undertaken as part of the posts’ mobile consular and outreach activities to Filipinos within their jurisdictions.

“(g) Municipal/City/District Registry of Overseas Voters (ROV) refers to the consolidated list prepared, approved and maintained by the Commission for every municipality/city/district of overseas voters whose applications for registration as such, including those registered voters under Republic Act No. 8189, ‘Voter’s Registration Act of 1996′, who applied for certification as overseas voters, have been approved by the Election Registration Board and/or resident Election Registration Board.

“(h) National Registry of Overseas Voters (NROV) refers to the consolidated list prepared, approved and maintained by the Commission of overseas voters whose applications for registration as overseas voters, including those registered voters under Republic Act No. 8189 who have applied to be certified as overseas voters, have been approved by the resident Election Registration Board, indicating the post where the overseas voter is registered.

“(i) Office for Overseas Voting (OFOV) refers to the Office of the Commission tasked to oversee and supervise the effective implementation of the Overseas Voting Act.

“(j) Overseas Voter refers to a citizen of the Philippines who is qualified to register and vote under this Act, not otherwise disqualified by law, who is abroad on the day of elections.

“(k) Overseas Voting refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote.

“(l) Posts refer to the Philippine embassies, consulates, foreign service establishments and other Philippine government agencies maintaining offices abroad and having jurisdiction over the places where the overseas voters reside.

“(m) Resident Election Registration Board (RERB) refers to the in-house Election Registration Board in every post and in the OFOV, which processes, approves or disapproves all applications for registration and/or certification as overseas voters, including the deactivation, reactivation and cancellation of registration records.

“(n) Seafarers refer to ship officers and ratings manning ships, including offshore workers, service providers and fishermen, as denned in the revised rules on the issuance of seafarer’s identification and record book of the Maritime Industry Authority.

“(o) Special Ballot Reception and Custody Group (SBRCG) refers to the group constituted by the Commission to receive and take custody of all accountable and other election forms, supplies and paraphernalia from the OFOV for transmittal to the Special Board of Election Inspectors and Special Board of Canvassers.

“(p) Special Board of Canvassers (SBOC) refers to the body deputized by the Commission to canvass the overseas voting election returns submitted to it by the Special Board of Election Inspectors.

“(q) Special Board of Election Inspectors (SBEI) refers to the body deputized by the Commission to conduct the voting and counting of votes.

“(r) Voting Period refers to a continuous thirty (30)-day period, the last day of which is the day of election, inclusive of established holidays in the Philippines and of such other holidays in the host countries.”

SEC. 3. Section 4 of the same Act is hereby amended to read as follows:

“SEC. 4. Coverage. – All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may vote for President, Vice-President, Senators and Party-List Representatives, as well as in all national referenda and plebiscites.”

SEC. 4. Section 5 of the same Act is hereby amended to read as follows:

“SEC. 5. Disqualifications. – The following shall be disqualified from registering and voting under this Act:

“(a) Those who have lost their Filipino citizenship in accordance with Philippine laws;

“(b) Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country, except those who have reacquired or retained their Philippine citizenship under Republic Act No. 9225, otherwise known as the ‘Citizenship Retention and Reacquisition Act of 2003′;

“(c) Those who have committed and are convicted in a final judgment by a Philippine court or tribunal of an offense punishable by imprisonment of not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon the expiration of five (5) years after service of sentence; and

“(d) Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent.”

SEC. 5. Section 6 of the same Act is hereby amended to read as follows:

“SEC. 6. Personal Overseas Registration and/or Certification. – Registration and/or certification as an overseas voter shall be done in person at any post abroad or at designated registration centers outside the post or in the Philippines approved by the Commission.

“Field and mobile registration centers shall be set up by the posts concerned to ensure accessibility by the overseas voters.

“All applicants shall submit themselves for live capture of their biometrics.

“The Commission shall issue an overseas voter identification card to those whose applications to vote have been approved.”

SEC. 6. A new Section 7 of the same Act is hereby inserted to read as follows:

“SEC. 7. Resident Election Registration Board (RERB); Composition, Appointment, Disqualification and Compensation. – The RERB shall be composed of the following:

“(a) A career official of the DFA, as Chairperson;

“(b) The most senior officer from the Department of Labor and Employment (DOLE) or any government agency of the Philippines maintaining offices abroad, as member: Provided, That in case of disqualification or nonavailability of the most senior officer from the DOLE or any government agency of the Philippines maintaining offices abroad, the Commission shall designate a career official from the embassy or consulate concerned; and

“(c) A registered overseas voter of known probity, as member.

“The Commission shall appoint the members of the RERB upon the recommendation of the DFA-OVS.

“The RERB in the OFOV shall be based in the main office of the Commission and shall be composed of a senior official of the Commission as the Chairperson and one (1) member each from the DFA and the DOLE, whose rank shall not be lower than a division chief or its equivalent.

“No member of the RERB shall be related to each other or to an incumbent President, Vice-President, Senator or Member of the House of Representatives representing the party-list system of representation, within the fourth civil degree of consanguinity or affinity.

“Each member of the RERB shall be entitled to an honorarium at the rates approved by the Department of Budget and Management (DBM).”

SEC. 7. A new Section 8 of the same Act is hereby inserted to read as follows:

“SEC. 8. Duties and Functions of the RERB. – The RERB shall have the following duties and functions:

“(a) Post in the bulletin boards of the embassy or consulates or at the OFOV, as the case may be, and in their respective websites, the names of the applicants and the dates when their applications shall be heard, as well as the place where the RERB will hold its hearing;

“(b) Notify, through the OFOV, all political parties and other parties concerned of the pending applications through a weekly updated publication in the website of the Commission;

“(c) Act on all applications received;

“(d) Notify all applicants, whose applications have been disapproved, stating the reasons for such disapproval;

“(e) Prepare a list of all approved applications during each hearing and post the same at the bulletin boards of the embassy or consulates or at the OFOV, as the case may be, and in their respective websites;

“(f) Deactivate the registration records of overseas voters; and

“(g) Perform such other duties as may be consistent with its functions as provided under this Act.”

SEC. 8. A new Section 9 of the same Act is hereby inserted to read as follows:

“SEC. 9. Petition for Exclusion, Motion for Reconsideration, Petition for Inclusion. –

“9.1. Petition for Exclusion. – If the application has been approved, any interested party may file a petition for exclusion not later than one hundred eighty (180) days before the start of the overseas voting period with the proper Municipal/Metropolitan Trial Court in the City of Manila or where the overseas voter resides in the Philippines, at the option of the petitioner.

“The petition shall be decided on the basis of the documents submitted within fifteen (15) days from its filing, but not later than one hundred twenty (120) days before the start of the overseas voting period. Should the Court fail to render a decision within the prescribed period, the ruling of the RERB shall be considered affirmed.

“9.2. Motion for Reconsideration. – If the application has been disapproved, the applicant or the authorized representative shall have the right to file a motion for reconsideration before the RERB within a period of five (5) days from receipt of the notice of disapproval. The motion shall be decided within five (5) days after its filing on the basis of documents submitted but not later than one hundred twenty (120) days before the start of the overseas voting period. The resolution of the RERB shall be immediately executory, unless reversed or set aside by the Court.

“9.3. Petition for Inclusion. – Within ten (10) days from receipt of notice denying the motion for reconsideration, the applicant may file a petition for inclusion with the proper Municipal/Metropolitan Trial Court in the City of Manila or where the overseas voter resides in the Philippines, at the option of the petitioner.

“The petition shall be decided on the basis of the documents submitted within fifteen (15) days from filing, but not later than one hundred twenty (120) days before the start of the overseas voting period. Should the Court fail to render a decision within the, prescribed period, the RERB ruling shall be considered affirmed.

“Qualified Philippine citizens abroad who have previously registered as voters pursuant to Republic Act No. 8189, otherwise known as the ‘Voter’s Registration Act of 1996′, shall apply for certification as overseas voters and for inclusion in the NROV. In case of approval, the Election Officer concerned shall annotate the fact of registration/certification as overseas voter before the voter’s name as appearing in the certified voters’ list and in the voter’s registration records.”

SEC. 9. A new Section 10 of the same Act is hereby inserted to read as follows:

“SEC. 10. Transfer of Registration Record. – In the event of change of voting venue, an application for transfer of registration record must be filed by the overseas voter with the OFOV, through its Chairperson, at least one hundred eighty (180) days prior to the start of the overseas voting period: Provided, That those who would eventually vote in the Philippines should register within the time frame provided for local registration in the municipality, city or district where they intend to vote: Provided, further, That those who have registered in the municipality, city or district where they resided prior to their departure abroad need not register anew: Provided, finally, That transferees shall notify the OFOV, through its Chairperson, of their transfer back to the Philippines at least one hundred eighty (180) days prior to the next national elections for purposes of cancelling their names from the CLOV and of removing their overseas voter’s registration from the book of voters.”

SEC. 10. Section 7 of the same Act is hereby renumbered as Section 11 and is amended to read as follows:

“SEC. 11. System of Continuing Registration. – The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas voters. Registration shall commence not later than six (6) months after the conduct of the last national elections. Towards this end, the Commission shall be authorized to utilize and optimize the use of existing facilities, personnel and mechanisms of the various government agencies for purposes of data gathering and validation, information dissemination and facilitation of the registration process.

“Pre-departure Orientation Seminars (PDOS), services and mechanisms offered and administered by the DFA, the DOLE, the Philippine Overseas Employment Administration (POEA), the Overseas Workers’ Welfare Administration (OWWA), the Commission on Filipinos Overseas and by other appropriate agencies of the government and private agencies providing the same services shall include the salient features of this Act and shall be utilized for purposes of supporting the overseas registration and voting processes.

“All employment contracts processed and approved by the POEA shall state the right of migrant workers to exercise their constitutional right of suffrage within the limits provided for by this Act.”

SEC. 11. Section 8 of the same Act is hereby renumbered as Section 12 and is amended to read as follows:

“SEC. 12. Requirements for Registration. – Every Filipino registrant shall be required to furnish the following documents:

“(a) A valid Philippine passport. In the absence of a valid passport, a certification of the DFA that it has reviewed the appropriate documents submitted by the applicant and has found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason;

“(b) Accomplished registration form prescribed by the Commission; and

“(c) Applicants who availed themselves of the ‘Citizen Retention and Reacquisition Act’ (Republic Act No. 9225) shall present the original or certified true copy of the order of approval of their application to retain or reacquire their Filipino citizenship issued by the post or their identification certificate issued by the Bureau of Immigration.

“The Commission may also require, additional data to facilitate registration and recording. No information other than those necessary to establish the identity and qualification of the applicant shall be required.

“All applications for registration and/or certification as an overseas voter shall be considered as applications to vote overseas. An overseas voter is presumed to be abroad until she/he applies for transfer of her/his registration records or requests that her/his name be cancelled from the NROV.”

SEC. 12. Section 9 of the same Act is hereby renumbered as Section 13 and is amended to read as follows:

“SEC. 13. National Registry of Overseas Voters (NROV). – The Commission shall maintain a National Registry of Overseas Voters or NROV containing the names of registered overseas voters and the posts where they are registered.

“Likewise, the Commission shall maintain a registry of voters (ROV) per municipality, city or district containing the names of registered overseas voters domiciled therein. The Commission shall provide each and every municipality, city or district with a copy of their respective ROVS for their reference.”

SEC. 13. A new Section 14 of the same Act is hereby inserted to read as follows:

“SEC. 14. Deactivation of Registration. – The RERB shall deactivate and remove the registration records of the following persons from the corresponding book of voters and place the same, properly marked and dated, in the inactive file after entering any of the following causes of deactivation:

“(a) Any person who has been sentenced by final judgment by a Philippine court or tribunal to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon the expiration of five (5) years after service of sentence, as certified by the Clerks of Courts of the Municipal, Municipal Circuit, Metropolitan, Regional Trial Courts or the Sandiganbayan;

“(b) Any person declared by competent authority to be insane or incompetent, unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent;

“(c) Any person who did not vote in two (2) consecutive national elections as shown by voting records; and

“(d) Any person whose registration has been ordered excluded by the courts.

“The fact of deactivation shall be annotated in the NROV and the corresponding ROV.”

SEC. 14. Section 10 of the same Act is hereby renumbered as Section 15.

“SEC. 15. Notice of Registration and Election. – The Commission shall, through the posts cause the publication in a newspaper of general circulation of the place, date and time of the holding of a regular or special national election and the requirements for the participation of qualified citizens of the Philippines abroad, at least six (6) months before the date set for the filing of applications for registration.

“The Commission shall determine the countries where publication shall be made, and the frequency thereof, taking into consideration the number of overseas Filipinos present in such countries. Likewise, the Commission and the DFA shall post the same in their respective websites.”

SEC. 15. Sections 11 and 12 of the same Act are hereby deleted.

SEC. 16. A new Section 16 of the same Act is hereby inserted to read as follows:

“SEC. 16. Reactivation of Registration. – Any overseas voter whose registration has been deactivated pursuant to the preceding section may file with the RERB at any time, but not later than one hundred twenty (120) days before the start of the overseas voting period, a sworn application for reactivation of registration stating that the grounds for the deactivation no longer exist.”

SEC 17. A new Section 17 of the same Act is hereby inserted to read as follows:

“SEC 17. Cancellation of Registration. – The RERB shall cancel the registration records of those who have died, as certified by either the posts or by the local civil registrar, and those who have been proven to have lost their Filipino citizenship.”

SEC. 18. A new Section 18 of the same Act is hereby inserted to read as follows:

“SEC. 18. Voters Excluded from the NROV Through Inadvertence. – Any registered overseas voter whose name has been inadvertently omitted from the NROV may, personally or through an authorized representative, file with the RERB through the OFOV or the post exercising jurisdiction over the voter’s residence, an application under oath for reinstatement not later than one hundred twenty (120) days before the start of the voting period.

“The RERB shall resolve the application within one (1) month from receipt thereof, otherwise the application shall be deemed approved.”

SEC. 19. A new Section 19 of the same Act is hereby inserted to read as follows:

“SEC. 19. Application for Correction of Entries and Change of Name. – Any registered overseas voter who intends to change her/his name by reason of marriage, death of husband, or final court judgment; or to correct a mispelled name or any erroneous entry in the NROV, CLOV and voter’s identification card may, personally or through an authorized representative, file an application under oath for change of name or correction of entries with the RERB through the OFOV or the post exercising jurisdiction over the voter’s residence not later than ninety (90) days before the start of the voting period.

“The RERB shall resolve the application within one (1) month from receipt thereof, otherwise the application shall be deemed approved.”

SEC. 20. Section 13 of the same Act is hereby renumbered as Section 20 and is amended to read as follows:

“SEC. 20. Preparation and Posting of Certified List of Overseas Voters. – The Commission shall prepare the Certified List of Overseas Voters or CLOV not later than ninety (90) days before the start of the overseas voting period, and furnish within the same period electronic and hard copies thereof to the appropriate posts, which shall post the same in their bulletin boards and/or websites within ten (10) days from receipt thereof.

“Subject to reasonable regulation and the payment of fees in such amounts as may be fixed by the Commission, the candidates, political parties, accredited citizens’ arms, and all other interested persons shall be furnished copies thereof: Provided, That nongovernmental organizations and other civil society organizations accredited by and working with the Commission as partners on overseas voters’ education and participation shall be exempt from the payment of fees.”

SEC. 21. Section 14 of the same Act is hereby renumbered as Section 21 and is amended to read as follows:

“SEC. 21. Printing and Transmittal of Ballots, Voting Instructions, Election Forms and Paraphernalia. –

“21.1. The Commission shall cause the printing of ballots for overseas voters, and all other accountable election forms in such number as may be necessary, but in no case shall these exceed the total number of approved applications. Security markings shall be used in the printing of ballots for overseas voters.

“21.2. The Commission shall present to the authorized representatives of the DFA and of the accredited major political parties the ballots for overseas voters, voting instructions, election forms and other election paraphernalia for scrutiny and inspection prior to their transmittal to the posts.

“21.3. The Commission shall transmit, as far as practicable, but not later than forty-five (45) days before the day of elections, by special pouch to all posts the exact number of ballots for overseas voters corresponding to the number of approved applications, along with such accountable forms necessary to ensure the secrecy and integrity of the election.

“21.4. The authorized representatives of accredited major political parties shall have the right to be present in all phases of printing, transmittal, and casting of mailed ballots abroad. Unclaimed ballots properly marked as such, shall be cancelled and shipped to the Commission by the least costly method.”

SEC. 22. Section 15 of the same Act is hereby renumbered as Section 22 and is amended to read as follows:

“SEC. 22. Regulation on Campaigning Abroad. – Personal campaigning, the use of campaign materials, as well as the limits on campaign spending shall be governed by the laws and regulations applicable in the Philippines: Provided, That all forms of campaigning abroad within the thirty (30)-day overseas voting period shall be prohibited.”

SEC. 23. A new Section 23 of the same Act is hereby inserted to read as follows:

“SEC. 23. Voting. – Voting may be done either personally, by mail or by any other means as may be determined by the Commission. For this purpose, the Commission shall issue the necessary guidelines on the manner and procedures of voting.

“The OFOV, in consultation with the DFA-OVS, shall determine the countries where voting shall be done by any specific mode, taking into consideration the minimum criteria enumerated under this Act which shall include the number of registered voters, accessibility of the posts, efficiency of the host country’s applied system and such other circumstances that may affect the conduct of voting.

“The Commission shall announce the specific mode of voting per country/post at least one hundred twenty (120) days before the start of the voting period.”

SEC. 24. Section 16 of the same Act is hereby renumbered as Section 24 and is amended to read as follows:

“SEC. 24. Casting and Submission of Ballots. –

“24.1. Upon receipt by the SBEI of the ballots for overseas voters, voting instructions, election forms and other paraphernalia, they shall make these available on the premises to the qualified overseas voters in their respective jurisdictions during the thirty (30) days before the day of elections when overseas voters may cast their vote. Immediately upon receiving it, the overseas voter must fill-out her/his ballot personally, in secret, without leaving the premises of the posts concerned.

“24.2. The overseas voter shall personally accomplish her/his ballot at the post that has jurisdiction over the country where she/he temporarily resides or at any polling place designated and accredited by the Commission.

“24.3. The overseas voter shall cast her/his ballot, upon presentation of the voter identification card issued by the Commission or such other documents deemed by the SBEI at the post as sufficient to establish the voter’s identity.

“24.4. x x x

“24.5. The posts concerned shall keep a complete record of the ballots for overseas voters, specifically indicating the number of ballots they actually received, and in cases where voting by mail is allowed under Section 25 hereof, the names and addresses of the voters to whom these ballots were sent, including proof of receipt thereof. In addition, the posts shall submit a formal report to the Commission and the Joint Congressional Oversight Committee created under this Act within thirty (30) days from the day of elections. Such report shall contain data on the number of ballots cast and received by the offices, the number of invalid and unclaimed ballots and other pertinent data.

“24.6. Ballots not claimed by the overseas voters at the posts, in case of personal voting, and ballots returned to the posts concerned, in the case of voting by mail, shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections.

“24.7. Only ballots cast, and mailed ballots received by the posts concerned in accordance with Section 25 hereof before the close of voting on the day of elections shall be counted in accordance with Section 27 hereof. All envelopes containing the ballots received by the posts after the prescribed period shall not be opened, and shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections.

“24.8. A special ballot Reception and Custody Group composed of three (3) members shall be constituted by the Commission from among the staff of the posts concerned, including their attached agencies, and citizens of the Philippines abroad, who will be deputized to receive ballots and take custody of the same preparatory to their transmittal to the SBEI.

“24.9. x x x

“24.10. x x x.”

SEC. 25. Section 17 of the same Act is hereby renumbered as Section 25 and is amended to read as follows:

“SEC. 25. Voting by Mail. –

“25.1. x x x

“(a) x x x;

“(b) x x x; and

“(c) x x x.

“25.2. The overseas voter shall send her/his accomplished ballot to the corresponding post that has jurisdiction over the country where she/he temporarily resides. She/He shall be entitled to cast her/his ballot at any time upon her/his receipt thereof: Provided, That the same is received before the close of voting on the day of elections. The overseas absentee voter shall be instructed that her/his ballot shall not be counted if not transmitted in the special envelope furnished her/him.

“25.3. Only mailed ballots received by the post before the close of voting on the day of elections shall be counted in accordance with Section 27 hereof. All envelopes containing the ballots received by the posts after the prescribed period shall not be opened, and shall be cancelled and disposed of appropriately, with a corresponding report thereon submitted to the Commission not later than thirty (30) days from the day of elections.”

SEC. 26. A new Section 26 of the same Act is hereby inserted to read as follows:

“SEC. 26. Voting Privilege of Members of the SBEI, SBRCG and SBOC. – Government employees posted abroad who will perform election duties as members of the SBEI, SBCRG and SBOC shall be allowed to vote in their respective posts: Provided, That they are registered either in the Philippines or as overseas voters.”

SEC. 27. Section 18 of the same Act is hereby renumbered as Section 27 and is amended to read as follows:

“SEC. 27. On-Site Counting and Canvassing. –

“27.1. x x x

“27.2. For these purposes, the Commission shall constitute as many SBEIs as may be necessary to conduct and supervise the counting of votes as provided in Section 27.2 hereof. The SBEIs to be constituted herein shall be composed of a Chairman and two (2) members, one (1) of whom shall be designated as poll clerk. The ambassador or consul-general, or any career public officer posted abroad designated by the Commission, as the case may be, shall act as the Chairman; in the absence of other government officers, the two (2) other members shall be citizens of the Philippines who are qualified to vote under this Act and deputized by the Commission not later than sixty (60) days before the day of elections. All resolutions of the SBEIs on issues brought before it during the conduct of its proceedings shall be valid only when they carry the approval of the Chairman.

“Immediately upon the completion of the counting, the SBEIs shall transmit via facsimile and/or electronic mail the results to the Commission in Manila and the accredited major political parties.

“x x x

“27.3. x x x

“27.4. The SBOC composed of the highest ranking officer of the post as Chairperson, a senior career officer from any of the government agencies maintaining a post abroad and, in the absence of another government officer, a citizen of the Philippines qualified to vote under this Act and deputized by the Commission, as vice chairperson and member-secretary, respectively, shall be constituted to canvass the election returns submitted to it by the SBEIs. Immediately upon the completion of the canvass, the chairperson of the SBOC shall transmit via facsimile, electronic mail, or any other means of transmission equally safe and reliable the Certificates of Canvass and the Statements of Votes to the Commission, and shall cause to preserve the same immediately after the conclusion of the canvass, and make it available upon instructions of the Commission. The SBOC shall also furnish the accredited major political parties and accredited citizens’ arms with copies thereof via facsimile, electronic mail and any other means of transmission equally safe, secure and reliable.

“x x x

“27.5. x x x

“27.6. x x x. For purposes of this Act, the returns of every election for President and Vice-President prepared by the SBOCs shall be deemed a certificate of canvass of a city or a province.

“27.7. x x x.”

SEC. 28. A new Section 28 of the same Act is hereby inserted to read as follows:

“SEC. 28. Authority to Explore Other Modes or Systems Using Automated Election System. – Notwithstanding current procedures and systems herein provided, for the proper implementation of this Act and in view of the peculiarities attendant to the overseas voting process, the Commission may explore other more efficient, reliable and secure modes or systems, ensuring the secrecy and sanctity of the entire process, whether paper-based, electronic-based or internet-based technology or such other latest technology available, for onsite and remote registration and elections and submit reports and/or recommendations to the Joint Congressional Oversight Committee.”

SEC. 29. A new Section 29 of the same Act is hereby inserted to read as follows:

“SEC. 29. Procurement of Facilities, Equipment, Materials, Supplies or Services. – To achieve the purpose of this Act, the Commission may, likewise, procure from local or foreign sources, through purchase, lease, rent or other forms of acquisition, hardware or software, facilities, equipment, materials, supplies or services in accordance with existing laws, free from taxes and import duties, subject to government procurement rules and regulations.”

SEC. 30. A new Section 30 of the same Act is hereby inserted to read as follows:

“SEC. 30. Establishment of an Office for Overseas Voting (OFOV) Under the Commission. – The Commission is hereby authorized to establish an OFOV tasked specifically to oversee and supervise the effective implementation of the Overseas Voting Act: Provided, That its secretariat shall come from the existing secretariat personnel of the Commission on Elections.”

SEC. 31. A new Section 31 of the same Act is hereby inserted to read as follows:

“SEC. 31. Creation of the Department of Foreign Affairs Overseas Voting Secretariat (DFA-OVS). – A secretariat based in the DFA home office is hereby created to assist the OFOV, and to direct, coordinate and oversee the participation of the DFA in the implementation of the Overseas Voting Act: Provided, That its secretariat shall come from the existing secretariat personnel of the DFA.”

SEC. 32. Section 19 of the same Act is hereby deleted.

SEC. 33. Section 20 of the same Act is hereby renumbered as Section 32 and is amended to read as follows:

“SEC. 32. Information Campaign. – The Commission, in coordination with agencies concerned, shall undertake an information campaign to educate the public on the manner of overseas voting for qualified overseas voters. It may require the support and assistance of the DFA, through the posts, the DOLE, the Department of Transportation and Communications (DOTC), the Philippine Postal Corporation (PPC), the POEA, the OWWA and the Commission on Filipinos Overseas.

Such information campaign shall educate the Filipino public, within and outside the Philippines, on the Philippine Electoral System, the rights of overseas voters, overseas voting processes and other related concerns. Information materials shall be developed by the Commission for distribution, through the said government agencies and private organizations. No government agency shall prepare, print, distribute or post any information material without the prior approval of the Commission.”

SEC. 34. Section 21 of the same Act is hereby renumbered as Section 33.

SEC. 35. Section 22 of the same Act is hereby renumbered as Section 34 and is amended to read as follows:

“SEC. 34. Assistance from Government Agencies. – All government officers, particularly from the DFA, the DOLE, the DOTC, the PPC, the POEA, the OWWA, the Commission on Filipinos Overseas and other government offices concerned with the welfare of the Filipinos overseas shall, to the extent compatible with their primary responsibilities, assist the Commission in carrying out the provisions of this Act. All such agencies or officers thereof shall take reasonable measures to expedite all election activities, which the Commission shall require of them. When necessary, the Commission may send supervisory teams headed by career officers to assist the posts.

“Likewise, consular and diplomatic services rendered in connection with the overseas voting processes shall be made available at no cost to the overseas voters.”

SEC. 36. Section 23 of the same Act is hereby renumbered as Section 35 and is amended to read as follows:

“SEC. 35. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. – At all stages of the electoral process, the Commission shall ensure that the secrecy and integrity of the ballots are preserved. The OFOV of the Commission shall be responsible for ensuring the secrecy and sanctity of the overseas voting process. In the interest of transparency, all necessary and practicable measures shall be adopted to allow representation of the candidates, accredited major political parties, accredited citizens’ arms and nongovernment organizations to assist, and intervene in appropriate cases, in all stages of the electoral exercise and to prevent any and all forms of fraud and coercion.

“No officer or member of the foreign service corps, including those belonging to attached agencies shall be transferred, promoted, extended, recalled or otherwise moved from his current post or position one (1) year before and three (3) months after the day of elections, except upon the approval of the Commission.”

SEC. 37. Section 24 of the same Act is hereby renumbered as Section 36 and is amended to read as follows:

“SEC. 36. Prohibited Acts. – In addition to the prohibited acts provided by law, it shall be unlawful:

“36.1. For any officer or employee of the Philippine government to influence or attempt to influence any person covered by this Act to vote, or not to vote, for a particular candidate. Nothing in this Act shall be deemed to prohibit free discussion regarding politics or candidates for public office;

“36.2. For any person to deprive another of any right secured in this Act, or to give false information as to one’s name, address, or period of residence for the purposes of establishing the eligibility or ineligibility to register or vote under this Act; or to conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibility or ineligibility of any individual to register or vote under this Act; or, to pay, or offer to pay, or to accept payment either for application for registration, or for voting;

“36.3. For any person to steal, conceal, alter, destroy, mutilate, manipulate, or in any way tamper with the mail containing the ballots for overseas voters, the ballot, the election returns, or any record, document or paper required for purposes of this Act;

“36.4. For any deputized agent to refuse without justifiable ground, to serve or continue serving, or to comply with one’s sworn duties after acceptance of the deputization;

“36.5. For any public officer or employee or accredited or deputized organization or association to cause the preparation, printing, distribution or posting of information or material, without the prior approval of the Commission;

“36.6. For any public officer or employee to cause the transfer, promotion, extension, recall of any member of the foreign service corps, including members of the attached agencies, or otherwise cause the movement of any such member from the current post or position one (1) year before and three (3) months after the day of elections, without securing the prior approval of the Commission;

“36.7. For any person who, after being deputized by the Commission to undertake activities in connection with the implementation of this Act, shall campaign for or assist, in whatever manner, candidates in the elections;

“36.8. For any person to engage in partisan political activity abroad during the thirty (30)-day overseas voting period;

“36.9. For any person who is not a citizen of the Philippines to participate, by word or deed, directly or indirectly through qualified organizations/associations, in any manner and at any stage of the Philippine political process abroad, including participation in the campaign and elections.

“The provision of existing laws to the contrary notwithstanding, and with due regard to the Principle of Double Criminality, the prohibited acts described in this section are electoral offenses and shall be punishable in the Philippines.

“The penalties imposed under Section 264 of the Omnibus Election Code, as amended, shall be imposed on any person found guilty of committing any of the prohibited acts as defined in this section: Provided, That the penalty of prision mayor in its minimum period shall be imposed upon any person found guilty under Section 36.3 hereof without the benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a candidate, the penalty shall be prision mayor in its maximum period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote.”

SEC. 38. Section 25 of the same Act is hereby renumbered as Section 37 and is amended to read as follows:

“SEC. 37. Joint Congressional Oversight Committee. – A Joint Congressional Oversight Committee is hereby created, composed of the Chairperson of the Senate Committee on Constitutional Amendments, Revision of Codes and Laws, and seven (7) other Senators designated by the Senate President, and the Chairperson of the House Committee on Suffrage and Electoral Reforms, and seven (7) other Members of the House of Representatives designated by the Speaker of the House of Representatives: Provided, That, of the seven (7) members to be designated by each House of Congress, four (4) should come from the majority to include the chair of the Committee on Foreign Affairs and the remaining three (3) from the minority.

“The Joint Congressional Oversight Committee shall have the power to monitor and evaluate the implementation of this Act.”

SEC. 39. Sections 26, 27 and 28 of the same Act are hereby renumbered as Sections 38, 39 and 40, respectively.

SEC. 40. Section 29 of the same Act is hereby renumbered as Section 41 and is amended to read as follows:

“SEC. 41. Appropriations. – The amount necessary to carry out the provisions of this Act shall be included in the budgets of the Commission on Elections and the DFA in the annual General Appropriations Act.”

SEC. 41. Implementing Rules and Regulations. – The Commission shall promulgate rules and regulations for the implementation and enforcement of the provisions of this Act within sixty (60) days from the effectivity thereof.

In the formulation of the rules and regulations, the Commission shall coordinate with the DFA, the DOLE, the POEA, the OWWA and the Commission on Filipinos Overseas. Nongovernment organizations and accredited Filipino organizations or associations abroad shall be consulted.

SEC. 42. Amending Clause. – Consistent with the amendments introduced by this Act, Section 2 of Republic Act No. 9189, on the declaration of policy, is, hereby amended to read as follows:

“SEC. 2. Declaration of Policy. – It is the prime duty of the State to provide a system of honest and orderly overseas voting that upholds the secrecy and sanctity of the ballot. Towards this end, the State ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of this fundamental right.”

SEC 43. Separability Clause. – If any part or provision of this Act shall be declared unconstitutional or invalid, the other provisions hereof which are not affected thereby shall continue to be in full force and effect.

SEC 44. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations, other issuances and parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 45. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3312 and House Bill No. 6542 was finally passed by the Senate and the House of Representatives on February 5, 2013 and February 6, 2013, respectively.

Approved: MAY 27 2013

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

S. No. 3365
H. No. 4251

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10586]

AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. – This Act shall be known as the “Anti-Drunk and Drugged Driving Act of 2013″.

SEC. 2. Declaration of Policy. – Pursuant to the Constitutional principle that recognizes the protection of life and property and the promotion of the general welfare as essential for the enjoyment of the blessing of democracy, it is hereby declared the policy of the State to ensure road safety through the observance of the citizenry of responsible and ethical driving standards.

Towards this end, the State shall penalize the acts of driving under the influence of alcohol, dangerous drugs and other intoxicating substances and shall inculcate the standards of safe driving and the benefits that may be derived from it through institutional programs and appropriate public information strategies.

SEC. 3. Definition of Terms. – For purposes of this Act:

(a) Alcohol refers to alcoholic beverages classified into beer, wine and distilled spirits, the consumption of which produces intoxication.

(b) Breath analyzer refers to the equipment which can determine the blood alcohol concentration level of a person through testing of his breath.

(c) Chemical tests refer to breath, saliva, urine or blood tests to determine the blood alcohol concentration level and/or positive indication of dangerous drugs and similar substances in a person’s body.

(d) Dangerous drugs and other similar substances refer to drugs listed in the schedules annexed to the 1961 Single Convention on Narcotics Drugs, as amended by the 1972 Protocol, and in the schedules annexed to the 1971 Single Convention of Psychotropic Substances as enumerated in its attachment which is an integral part of Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002″ and those that the Board may reclassify, add to or remove from the list of dangerous drugs.

(e) Driving under the influence of alcohol refers to the act of operating a motor vehicle while the driver’s blood alcohol concentration level has, after being subjected to a breath analyzer test, reached the level of intoxication, as established jointly by the Department of Health (DOH), the National Police Commission (NAPOLCOM) and the Department of Transportation and Communications (DOTC).

(f) Driving under the influence of dangerous drugs and other similar substances refers to the act of operating a motor vehicle while the driver, after being subjected to a confirmatory test as mandated under Republic Act No. 9165, is found to be positive for use of any dangerous drug.

(g) Field sobriety tests refer to standardized tests to initially assess and determine intoxication, such as the horizontal gaze nystagmus, the walk-and-turn, the one-leg stand, and other similar tests as determined jointly by the DOH, the NAPOLCOM and the DOTC.

(h) Motor vehicle refers to any land transportation vehicle propelled by any power other than muscular power.

(i) Motor vehicles designed to carry hazardous materials refer to those designed to carry or transport materials which may endanger health and lives of the public.

(j) Public utility vehicles refer to motor vehicles for hire and used to carry or transport passengers or goods.

SEC. 4. Driver’s Education. – Every applicant for a motor vehicle driver’s license shall complete a course of instruction that provides information on safe driving including, but not limited to, the effects of the consumption of alcoholic beverages on the ability of a person to operate a motor vehicle, the hazards of driving under the influence of alcohol, dangerous drugs and/or other similar substances, and the penalties attached for violation thereof.

For professional drivers, every applicant for a driver’s license or those applying for renewal thereof shall undergo the driver’s education herein stated.

The driver’s license written examination shall include questions concerning the effects of alcohol and drug intoxication on the ability of a person to operate a motor vehicle and the legal and pecuniary consequences resulting from violation of the provisions of this Act.

SEC. 5. Punishable Act. – It shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances.

SEC. 6. Conduct of Field Sobriety, Chemical and Confirmatory Tests. – A law enforcement officer who has probable cause to believe that a person is driving under the influence of alcohol, dangerous drugs and/or other similar substances by apparent indications and manifestations, including overspeeding, weaving, lane straddling, sudden stops, swerving, poor coordination or the evident smell of alcohol in a person’s breath or signs of use of dangerous drugs and other similar substances, shall conduct field sobriety tests.

If the driver fails in the sobriety tests, it shall be the duty of the law enforcement officer to implement the mandatory determination of the driver’s blood alcohol concentration level through the use of a breath analyzer or similar measuring instrument.

If the law enforcement officer has probable cause to believe that a person is driving under the influence of dangerous drugs and/or other similar substances, it shall be the duty of the law enforcement officer to bring the driver to the nearest police station to be subjected to a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165.

Law enforcement officers and deputized local traffic enforcement officers shall be responsible in implementing this section.

SEC. 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents. – A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165, to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body.

SEC. 8. Refusal to Subject Oneself to Mandatory Tests. – A driver of a motor vehicle who refuses to undergo the mandatory field sobriety and drug tests under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and automatic revocation of his or her driver’s license, in addition to other penalties provided herein and/or other pertinent laws.

SEC. 9. Acquisition of Equipment. – Within four (4) months from the effectivity of this Act, the Land Transportation Office (LTO) and the Philippine National Police (PNP) shall acquire sufficient breath analyzers and drug-testing kits to be utilized by law enforcement officers and deputized local traffic enforcement officers nationwide giving priority to areas with high reported occurrences of accidents. For purposes of acquiring these equipment and for the training seminars indicated in Section 10 hereof, the LTO shall utilize the Special Road Safety Fund allotted for this purpose as provided under Section 7 of Republic Act No. 8794, entitled: “An Act Imposing a Motor Vehicle User’s Charge on Owners of All Types of Motor Vehicles and for Other Purposes”. Additional yearly appropriations for the purchase of breath analyzers and drug-testing kits shall be provided annually under the General Appropriations Act.

SEC. 10. Deputation. – The LTO may deputize traffic enforcement officers of the PNP, the Metropolitan Manila Development Authority (MMDA) and cities and municipalities in order to enforce the provisions of this Act.

SEC. 11. Law Enforcement Officer Education. – The LTO and the PNP shall conduct training seminars for their law enforcers and deputies with regard to the proper conduct of field sobriety tests and breath analyzer tests every year. Within four (4) months from the effectivity of this Act, the LTO shall publish the guidelines and procedures for the proper conduct of field sobriety tests, which guidelines shall be made available to the public and made available for download through the official LTO website.

SEC. 12. Penalties. – A driver found to have been driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances, as provided for under Section 5 of this Act, shall be penalized as follows:

(a) If the violation of Section 5 did not result in physical injuries or homicide, the penalty of three (3) months imprisonment, and a fine ranging from Twenty thousand pesos (Php20,000.00) to Eighty thousand pesos (Php80,000.00) shall be imposed;

(b) If the violation of Section 5 resulted in physical injuries, the penalty provided in Article 263 of the Revised Penal Code or the penalty provided in the next preceding subparagraph, whichever is higher, and a fine ranging from One hundred thousand pesos (Php100,000.00) to Two hundred thousand pesos (Php200,000.00) shall be imposed;

(c) If the violation of Section 5 resulted in homicide, the penalty provided in Article 249 of the Revised Penal Code and a fine ranging from Three hundred thousand pesos (Php300,000.00) to Five hundred thousand pesos (Php500,000.00) shall be imposed; and

(d) The nonprofessional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and suspended for a period of twelve (12) months for the first conviction and perpetually revoked for the second conviction. The professional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and perpetually revoked for the first conviction. The perpetual revocation of a driver’s license shall disqualify the person from being granted any kind of driver’s license thereafter.

The prosecution for any violation of this Act shall be without prejudice to criminal prosecution for violation of the Revised Penal Code, Republic Act No. 9165 and other special laws and existing local ordinances, whenever applicable.

SEC. 13. Direct Liability of Operator and/or Owner of the Offending Vehicle. – The owner and/or operator of the vehicle driven by the offender shall be directly and principally held liable together with the offender for the fine and the award against the offender for civil damages unless he or she is able to convincingly prove that he or she has exercised extraordinary diligence in the selection and supervision of his or her drivers in general and the offending driver in particular.

This section shall principally apply to the owners and/or operators of public utility vehicles and commercial vehicles such as delivery vans, cargo trucks, container trucks, school and company buses, hotel transports, cars or vans for rent, taxi cabs, and the like.

SEC. 14. Nationwide Information Campaign. – Within one (1) month from the promulgation of the implementing rules and regulations as provided under Section 17 hereof, the Philippine Information Agency (PIA), in coordination with the LTO, the local government units (LGUs) and other concerned agencies, shall conduct information, education and communication (IEC) campaign for the attainment of the objectives of this Act.

SEC. 15. Nationwide Random Terminal Inspection and Quick Random Drug Tests. – The LTO shall conduct random terminal inspections and quick random drug tests of public utility drivers. The cost of such tests shall be defrayed by the LTO.

SEC. 16. Review of Penalties. – The LTO shall, after five (5) years from the effectivity of this Act and every five (5) years thereafter, review the applicability and enforcement of all foregoing pecuniary penalties and shall initiate amendment and/or upgrade the same as may be necessary, subject to the approval of the Secretary of the DOTC.

SEC. 17. Implementing Rules and Regulations. – The DOTC, the DOH and the NAPOLCOM shall, within three (3) months from the effectivity of this Act, jointly promulgate the necessary implementing rules and regulations to carry out the provisions of this Act.

SEC. 18. Separability Clause. – If, for any reason, any part or provision of this Act is declared invalid, such declaration shall not affect the other provisions of this Act.

SEC. 19. Repealing Clause. – Subparagraph (f), Section 56, Article 1 of Republic Act No. 4136, otherwise known as the “Land Transportation and Traffic Code”, as amended; subparagraph (f), Section 5 of Republic Act No. 7924, otherwise known as “An Act Creating the Metropolitan Manila Development Authority, Defining its Powers and Functions, Providing Funds Therefor and for Other Purposes;” subparagraph (a), Section 36 of Republic Act No. 9165; and all other laws, orders, issuances, circulars, rules and regulations or parts thereof which are inconsistent with any provision of this Act are hereby repealed or modified accordingly.

SEC. 20. Effectivity. – This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3365 and House Bill No. 4251 was finally passed by the Senate and the House of Representatives on January 28, 2013 and January 29, 2013, respectively.

Approved: MAY 27 2013

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

S. No. 3376
H. No. 3005

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10589]

AN ACT DECLARING DECEMBER OF EVERY YEAR AS “ANTI-CORRUPTION MONTH” IN THE ENTIRE COUNTRY

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

SECTION 1. Short Title. – This Act shall be known as the “Anti-Corruption Month Act”.

SEC. 2. December as Anti-Corruption Month. – December of every year is hereby declared as “Anti-Corruption Month” in the entire country.

For this purpose, all heads of government agencies and instrumentalities, including government-owned and -controlled corporations as well as local government units and employers in the private sector, are hereby mandated to conduct activities designed to create awareness among the people on the adverse effects of corruption.

The awareness campaign must not only contain information on what constitutes an act of corruption, but also what citizens must do when faced with such corruption.

SEC. 3. Office of the Ombudsman as Lead Agency. – The Office of the Ombudsman is hereby designated as the lead agency under this Act for coordination purposes.

SEC. 4. Separability Clause. – If, for any reason whatsoever, any provision of this Act is declared unconstitutional, the same shall not affect the validity of the other provisions not so declared.

SEC. 5. Repealing Clause. – All laws, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3376 and House Bill No. 3005 was finally passed by the Senate and the House of Representatives on February 4, 2013 and February 5, 2013 respectively.

Approved: MAY 27 2013

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