RA 12174 (Chemical Weapons Prohibition Act) CHAPTER III

Section 7–11 · 5 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗

Penalties.

Section 7

SEC. 7. Penalties. - (a) Any person who develops, produces, acquires, stockpiles, retains, transfers, or uses chemical weapons shall suffer the penalty of life imprisonment, without the benefit of parole or the provisions of Republic Act No. 10592 or "An Act Amending Articles 29, 94, 97, 98 and 99 of Act No. 3815, as Amended, Otherwise Known as the Revised Penal Code", and a fine of not less than Two million pesos (P2,000,000.00) nor more than Five million pesos (P5,000,000.00); (b) Any person who finances the development, production, acquisition, stockpiling, retention, transfer, or use of chemical weapons shall suffer the penalty of twenty (20) years imprisonment up to life imprisonment, and a fine of not less than Five hundred thousand pesos (P500,000.00) nor more than One million pesos (P1,000,000.00); (c) Any person who produces, acquires, retains, or uses chemicals listed in Schedule 1 of the Convention's Annex on Chemicals for purposes other than research, medical, pharmaceutical, or protective purposes shall suffer the penalty of imprisonment for a period of twelve (12) years and one (1) day to twenty (20) years. and a fine of One million pesos (P1,000,000.00) to Two million pesos (P2,000,000.00); (d) Any person who produces, processes, or consumes chemicals listed in Schedule 2 or Schedule 3 of the Convention's Annex on Chemicals for purposes other than those not prohibited under this Act, or without a registration with the ATC or the appropriate agencies, shall suffer the penalty of imprisonment of twelve (12) years and one (1) day to fifteen (15) years and a fine of One million pesos (P1,000,000.00) to Two million pesos (P2,000,000.00); (e) Any person who imports, exports, or domestically transfers chemicals listed in Schedule 1, 2, or 3 of the Convention's Annex on Chemicals, without authorization and necessary permits and licenses from the Strategic Trade Management Office (STMO) of the Department of Trade and Industry (DTI) shall be dealt with in accordance with Republic Act No. 10697, or the "Strategic Trade Management Act (STMA)"; (f) Any person who obstructs, hinders, resists, or deceives any national or international inspector who is exercising any function under this Act shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years, and a fine of One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00); (g) Any person who violates Section 14 of this Act shall suffer the penalty of imprisonment of four (4) years and one (1) day to six (6) years, or a fine of Five hundred thousand pesos (P500,000.00) to Two million pesos (P2,000,000.00), or both, at the discretion of the court; (h) Any person who refuses or fails to notify the ATC, give the required information, or keep records pursuant to the provisions of Section 12 of this Act shall suffer the penalty of imprisonment of six (6) months and one (1) day to six (6) years, and a fine of One hundred thousand pesos (P100,000.00) to One million pesos (P1,000,000.00); (i) Any person who, in any declaration prepared pursuant to Section 12 of this Act, makes a statement or omits any matter knowing that the statement or omission makes the declaration materially false or misleading shall suffer the penalty of imprisonment of six (6) years and one (1) day to twelve (12) years, and a fine of One million pesos (P1,000,000.00) to Five million pesos (P5,000,000.00). The partner, president, director, manager, trustee, administrator, or officer of a partnership, corporation, association, or any other juridical entity who consents to, knowingly tolerates or, due to negligence, fails to prevent the commission of a violation of this Act shall be held criminally liable. In addition to the payment of fine by the partnership, corporation, association, or juridical entity, its registration and license to operate with the Securities and Exchange Commission (SEC) or the DTI, as the case may be, shall be cancelled and revoked permanently, as ordered by the Court, without prejudice to imposition of sanctions pending trial. Foreigners found guilty of committing any offense punishable herein shall, in addition to the penalties prescribed under this Act, be deported immediately without further proceedings after the service of sentence and permanently barred from entering the country. A government official or employee found guilty of committing any of the offenses punishable under this Act shall suffer absolute perpetual disqualification from any public office, and the maximum penalty provided in this Act. Persons who conspire to commit any of the prohibited acts under Section 6 hereof shall be punished by the same penalty prescribed herein. Persons who are found guilty of committing any offense punishable herein shall not be subject to probation under Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", as amended by Republic Act No. 10707.

Forfeiture.

Section 8

SEC. 8. Forfeiture. - After inventory, satisfactory documentation, and confirmatory testing, chemical weapons found anywhere in the territory or in any other place under the jurisdiction of the Philippines, as well as the fruits and proceeds of the offense, shall be forfeited in favor of the national government through the ATC, and shall be destroyed or disposed at specifically designated and appropriately designed and equipped facilities. Any chemical weapon discovered in the territory of the Philippines shall be reported to the OPCW by the ATC in accordance with the provisions of Part IV(A) of the Convention;s Verification Annex: Provided, That the facility, warehouse, or place where the chemical weapons are being stored and produced and such other instruments thereon shall be subject to forfeiture after conviction. The ATC shall initiate and oversee the process of forfeiture.

Custody, Containment and Disposal of Confiscate and Seized Chemical Weapons.

Section 9

SEC. 9. Custody, Containment and Disposal of Confiscate and Seized Chemical Weapons. - The immediate disposal; of seized chemical weapons shall be given utmost priority. The BFP shall exert all efforts in containing the effects of chemical weapons in accordance with its powers and functions under Section 3(b) of Republic Act No. 11589, otherwise known as the "Bureau of Fire Protection Modernization Act". The AFP shall take charge and have custody of all chemical weapons confiscated, seized, and/or surrendered in the following manner: (a) The apprehending team having initial custody and control of the chemical weapons shall, immediately after seizure and confiscation and before transferring custody to the AFP, physically conduct an inventory and photograph the same in the presence of the accused or the person/s from whom such weapons are confiscated and/or seized, or his/her counsel, and a representative of the ATC, who shall be required to sign the copies of the inventory and be given a copy thereof. (b) Within twenty-four (24) hours upon confiscation/seizure, the AFP shall submit samples for confirmatory testing to an OPCW designated laboratory which shall certify the results thereof; and (c) After the filing of the criminal age and the submission of the certification, the court shall order the destruction of the chemical weapons in accordance with Section 10 of this Act.

Destruction.

Section 10

SEC. 10. Destruction. - The transportation, storage, destruction and disposal of chemical weapons shall be conducted by the AFP under stringent security measures. The procedure for the destruction and disposal of chemical weapons shall be established in coordination with the Department of Environment and Natural Resources (DENR), Department of Science and technology (DOST), and Department of Health (DOH), and its conduct shall be witnessed by the ATC and OPCW representatives to ensure safe and secure disposal compliant with environmental, health, and safety standards, and consistent with our commitments under the Convention. A report on the destruction and disposal shall be submitted to the ATC. The cost of destruction and disposal of any chemical weapon shall be borne by the erring person. In the destruction of chemical weapons, the highest priority shall be given to ensuring the safety of the people and the protection of the environment through methods that comply with national and international safety and emissions regulations: Provided, That the ATC, DOH, DOST, and other concerned agencies shall issue guidelines in determining the proper destruction sites: Provided, further, That prior notification shall be given to the local government unit where the destruction site is situated. Open-pit burning, land burial, or dumping of chemical weapons in any body of water as a mean of disposing the same are hereby prohibited.

Extraterritorial Application.

Section 11

SEC. 11. Extraterritorial Application. - The provisions of this Act shall apply to all persons within or outside the Philippines and persons on board vessels and aircraft registered in, belonging to, or in possession of the Philippines, if any of the prohibited acts is committed - (a) By or against a citizen of the Philippines; (b) Against any property owned, leased, or used by the Philippines or any of its departments, agencies, or instrumentalities; or (c) By a partnership, corporation, association, or any juridical person, which is owned or controlled by one (1) or more citizens of the Philippines.

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Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).