New Special Penal Laws of 2018 and 2019

NEW SPECIAL PENAL LAWS of 2018 AND 2019
Republic Act 11053
The Anti Hazing Act of 2018
GIST
RA 11053 is an act prohibiting hazing and regulating other forms of initiation rites of
fraternities, sororities, and other organizations. This new law amends RA 8049 or the
Anti Hazing Act. Republic Act 11053 or the Anti-Hazing Act of 2018 gives teeth to the
previous 1995 version of the law as it now outrightly prohibits and makes hazing a
criminal act while providing more substantial penalties for those who will be proven
guilty.
PUNISHABLE ACTS
Hazing, according to the Anti-Hazing Act of 2018, is defined as “any act that
results in physical or psychological suffering, harm, or injury inflicted on a recruit,
neophyte, applicant, or member as part of an initiation rite or practice made as a
prerequisite for admission or requirement for continuing membership in a fraternity,
sorority, or organization.”
These acts include, but are not limited to, paddling, whipping, beating,
branding, forced calisthenics, exposure to the weather, forced consumption of any
food, liquor, beverage, drug, or other substance, or any other brutal treatment or
forced physical activity which is likely to adversely affect one’s physical and
psychological health. It also includes any activity (intentional or otherwise) that tends
to humiliate or embarrass, degrade, abuse, or endanger by requiring said recruit,
neophyte, applicant, or member to do menial, silly, or foolish tasks.
PENALTIES
Organizations that fail to compromise with the law shall pay a Php 3 million
fine and be subjected to reclusion perpetua (life imprisonment) if the initiation
activity results in death, rape, sodomy, or mutilation.
Republic Act 11449
An act providing for additional prohibitions to and increasing penalties for

violations of RA 8484, otherwise known as the “Access Devices Regulation
Act of 1998”
GIST
Ra 11449 is a law declaring the hacking of banking systems as a form of

economic sabotage, and imposing stiffer penalties on those who hack bank accounts
and conduct credit card, automated teller machine (ATM) card, and debit card fraud.
Under the RA 11449, a person committing any of the acts consisting access
device fraud including hacking of a bank system, skimming that affected 50 or more
payment cards or online banking accounts, credit cards, and debit cards will be
penalized with imprisonment and fines. The new law amended the Republic Act 8484
or the Access Devices Regulation Act of 1998.
PUNISHABLE ACTS AND PENALTIES
The law states that anyone who is in possession of 10 or more counterfeit

access devices and was able to access and gain credit by the fraudulent use of such
device will be punished with imprisonment of 12 to 20 years and a fine of not less
than P500,000.
For an offender who is found possessing of 10 or more counterfeit access

devices but was not proven to have used such devices will be meted with
imprisonment of six to 12 years and a fine of P300,000 or twice of the aggregate of
all affected bank accounts, whichever is higher.
The law also states that fraudulent use of a credit card will be punishable with
imprisonment of four to six years and a fine of twice the value of the illegally obtained
credit.
Republic Act No 11313
Safe Spaces Act
GIST
President Rodrigo Duterte has signed a law that penalizes wolf whistling, catcalling,
misogynistic and homophobic slurs, unwanted sexual advances, and other forms of
sexual harassment in public places, workplaces, and schools as well as in online
spaces.
PUNISHABLE ACTS AND PENALTIES
Forms of sexual harassment and corresponding penalties imposed by Safe

Spaces Act vary depending on the degree of offense:
First degree offenses:
1. Cursing
2. Catcalling
3. Wolf-whistling
4. Leering and intrusive gazing
5. Taunting, unwanted invitations
6. Misogynistic, transphobic, homophobic, and sexist slurs
7. Persistent unwanted comments on one’s appearance
8. Relentless requests for personal details such as name, contact, and social
media details; or destination
9. Use of words, gestures, or actions that ridicule on the basis of sex, gender, or
sexual orientation; identity and/or expression including sexist, homophobic,
transphobic statements and slurs
10.Persistent telling of sexual jokes
11.Use of sexual names, comments, and demands
12.Any statement that has made an invasion on a person's personal space or
threatens the person's sense of personal safety
Penalty:
a) 1st offense: P1,000-fine and 12-hour community service with Gender
Sensitivity Seminar
b) 2nd offense: 6-10 days in prison/P3,000 fine
c) 3rd offense: 11-30 days in prison and P10,000-fine
2nd degree offenses:
1. Making offensive body gestures at someone

2. Public masturbation
3. Flashing of private parts
4. Groping
5. Similar lewd actions
Penalty:
a) 1st offense: P10,000-fine and 12-hour community service with Gender

Sensitivity Seminar
b) 2nd offense: 11-30 days in prison/P15,000 fine
c) 3rd offense: 1 month and 1 day to 6 months in prison and P20,000 fine
3rd degree offenses:
1. Stalking
2. Sexual advances, gestures, and statements mentioned previously with
pinching or brushing against the body of the offended person
3. Touching, pinching, or brushing against the genitalia, face, arms, anus, groin,
breasts, inner thighs, face, buttocks, or any part of the victim's body
Penalty
a) 1st offense: 11-30 days in prison/P30,000-fine with attendance to Gender

Sensitivity Seminar
b) 2nd offense: 1 month and 1 day to 6 months in prison and P50,000-fine
c) 3rd offense: 4 months and 1 day to 6 months in prison/P100,000-fine

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New Special Penal Laws of 2018 and 2019

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NEW SPECIAL PENAL LAWS of 2018 AND 2019

Republic Act 11053

The Anti Hazing Act of 2018

An act providing for additional prohibitions to and increasing penalties for

Ra 11449 is a law declaring the hacking of banking systems as a form of

PUNISHABLE ACTS AND PENALTIES

The law states that anyone who is in possession of 10 or more counterfeit

For an offender who is found possessing of 10 or more counterfeit access

Safe Spaces Act

PUNISHABLE ACTS AND PENALTIES

Forms of sexual harassment and corresponding penalties imposed by Safe

First degree offenses:

2nd degree offenses:

1. Making offensive body gestures at someone

a) 1st offense: P10,000-fine and 12-hour community service with Gender

3rd degree offenses:

a) 1st offense: 11-30 days in prison/P30,000-fine with attendance to Gender

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