Philippines

Art. 89. How criminal liability is totally extinguished. Criminal liability is totally extinguished. 

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.

Art. 247. Death or physical injuries inflicted under exceptional circumstances. 

Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro. 

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment. 

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age and their seducer, while the daughters are living with their parents. 

Any person who shall promote or facilitate the prostitution of his wife or daughter or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article. 

Art. 272. Slavery. 

The penalty of prison mayor and a fine of not exceeding 10,000 pesos shall be imposed upon anyone who shall purchase, sell, kidnap, or detain a human being for the purpose of enslaving him. If the crime is committed for the purpose of assigning the offended party to some immoral traffic, the penalty shall be imposed in its maximum period. 

Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape, and acts of lasciviousness. 

The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. 

The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders. 

The offenses of seduction, abduction, rape, or acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above-named persons, as the case may be. 

In cases of seduction, abduction, acts of lasciviousness, and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the coprincipals, accomplices, and accessories after the fact of the above-mentioned crimes. 

Art. 350. Marriage contracted against provisions of laws. 

The penalty of imprisonment in its medium and maximum periods shall be imposed upon any person who, without being included in the provisions of the next proceeding article, shall have not been complied with or that the marriage is in disregard of a legal impediment. 

If either of the contracting parties shall obtain the consent of the other by means of violence, intimidation, or fraud, he shall be punished by the maximum period of the penalty provided in the next preceding paragraph. 

Art. 352. Performance of an illegal marriage ceremony. 

Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage Law.

Philippines Penal Code 1930-English-PDF. 

Section 3. Definition of Terms.  

As used in this Act:  

(a) Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as “trafficking in persons,” even if it does not involve any of the means set forth in the preceding paragraph. 

(d) Forced Labor and slavery refer to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception. 

(f) Sexual exploitation refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim’s vulnerability.  

(g) Debt bondage refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt when the length and nature of services are not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt. 

Section 4. Acts of Trafficking in Persons. 

It shall be unlawful for any person, natural or juridical, to commit any of the following acts:  

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment, training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;  

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;  

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;  

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;  

(e) To maintain or hire a person to engage in prostitution or pornography;  

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;  

(g) To recruit, hire, adopt, transport or abduct a person by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and  

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad. 

Section 5. Acts that Promote Trafficking in Persons. 

The following acts, which promote or facilitate trafficking in persons, shall be unlawful:  

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons;  

(b) To produce, print and issue or distribute unissued, tampered with, or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;  

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;  

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons;  

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered with, or fraudulent travel documents for the purpose of promoting trafficking in persons;  

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and  

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery. 

Section 6. Qualified Trafficking in Persons. 

The following are considered as qualified trafficking:  

(a) When the trafficked person is a child;  

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the “Inter-Country Adoption Act of 1995,” and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;  

(c) When the crime is committed by a syndicate or on a large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed on a large scale if committed against three (3) or more persons, individually or as a group;  

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee;  

(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;  

(f) When the offender is a member of the military or law enforcement agencies; and  

(g) When, by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation, or is afflicted with the Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). 

 Section 10. Penalties and Sanctions The following penalties and sanctions are hereby established for the offenses enumerated in this Act:  

(a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);  

(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);  

(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);  

(d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);  

(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission;  

(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name. 

(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country; 

(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage licenses, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently from holding public office. His/her retirement and other benefits shall likewise be forfeited, and  

(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption. 

Section 11. Use of Trafficked Persons. 

Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows:  

(a) First offense: six (6) months of community service as may be determined by the court and a fine of Fifty thousand pesos (P50,000.00); and  

(b) Second and subsequent offenses: imprisonment of one (1) year and a fine of one hundred thousand pesos (P100,000.00).

Philippines Trafficking in Persons Law 2003-English-PDF. 

Art. 1.

Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a) 

 Art. 2.

No marriage shall be valid, unless these essential requisites are present: 

    (1) Legal capacity of the contracting parties who must be a male and a female; and 

    (2) Consent freely given in the presence of the solemnizing officer. (53a) 

 Art. 4.

The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). 

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n) 

 Art. 5.

Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. 

 Art. 14.

In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. (61a) 

 Art. 15.

Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. (62a) 

 Art. 16.

In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.  

Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph. (n) 

 Art. 33.

Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices.  

 Art. 34.

No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. 

 Art. 35.

The following marriages shall be void from the beginning: 

    (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians; 

    (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; 

    (3) Those solemnized without license, except those covered the preceding Chapter; 

    (4) Those bigamous or polygamous marriages not failing under Article 41; 

    (5) Those contracted through mistake of one contracting party as to the identity of the other; and 

    (6) Those subsequent marriages that are void under Article 53. 

 Art. 39.

The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (As amended by Executive Order 227 and Republic Act No. 8533; The phrase “However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect”has been deleted by Republic Act No. 8533 [Approved February 23, 1998]). 

 Art. 45.

A marriage may be annulled for any of the following causes, existing at the time of the marriage: 

    (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; 

… 

    (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; 

… 

 Art. 47.

The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: 

    (1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one; 

… 

    (4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased; 

… 

Article 39.

The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency, and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. 

A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. (n) 

Article 53.

No marriage shall be solemnized unless all these requirements are complied with: 

(1) Legal capacity of the contracting parties; 

(2) Their consent, freely given; 

(3) Authority of the person performing the marriage; and 

(4) A marriage license, except in a marriage of exceptional character (Sec. 1a, art. 3613). 

Article 54.

Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or upwards, not under any of the impediments mentioned in articles 80 to 84, may contract marriage. (2) 

Article 62.

Males above twenty but under twenty-five years of age, or females above eighteen but under twenty-three years of age, shall be obliged to ask their parents or guardians for advice upon the intended marriage. If they do not obtain such advice, or if it is unfavorable, the marriage shall not take place till after three months following the completion of the publication of the application for marriage license. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall accompany the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration. 

Article 80.

The following marriages shall be void from the beginning: 

(1) Those contracted under the ages of sixteen and fourteen years by the male and female, respectively, even with the consent of the parents;  

(2) Those solemnized by any person not legally authorized to perform marriages;  

(3) Those solemnized without a marriage license, save marriages of exceptional character;  

(4) Bigamous or polygamous marriages not falling under article 83, number 2;  

(5) Incestuous marriages mentioned in article 81;  

(6) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them;  

(7) Those between stepbrothers and stepsisters and other marriages specified in article 82. (n) 

Article 85.

A marriage may be annulled for any of the following causes, existing at the time of the marriage: 

(1) That the party in whose behalf it is sought to have the marriage annulled was between the ages of sixteen and twenty years, if male, or between the ages of fourteen and eighteen years, if female, and the marriage was solemnized without the consent of the parent, guardian or person having authority over the party, unless after attaining the ages of twenty or eighteen years, as the case may be, such party freely cohabited with the other and both lived together as husband and wife; 

… 

(5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be; 

… 

Article 87.

The action for annulment of marriage must be commenced by the parties and within the periods as follows: 

(1) For causes mentioned in number 1 of article 85, by the party whose parent or guardian did not give his or her consent, within four years after attaining the age of twenty or eighteen years, as the case may be; or by the parent or guardian or person having legal charge, at any time before such party has arrived at the age of twenty or eighteen years; 

… 

(4) For causes mentioned in number 4, by the injured party, within four years after the discovery of the fraud; 

(5) For causes mentioned in number 5, by the injured party, within four years from the time the force or intimidation ceased; 

…