Professional Documents
Culture Documents
Mala in se
Mala prohibita
Criminal
intent
is
immaterial; the only
inquiry is: has the law
been
violated?;
criminal intent not
necessary where the
acts are prohibited for
reasons
of
public
policy, as in illegal
possession of firearms
Mala in se
Mala prohibita
Mitigating
andMitigating
aggravating
aggravating
circumstances
arecircumstances
taken into account ingenerally not
imposing the penalty into account
and
are
taken
SPL NOTES
(a)
(b)
(c)
(d)
SPL NOTES
Tongson
moved
for
the
reconsideration of the resolution, but his
motion was denied for lack of merit.
On 15 March 1999, Assistant City
Prosecutor Ma. Lelibet S. Sampaga (ACP
Sampaga) dismissed the complaint against
Tongson without referring the matter to the NBI
per the Chief State Prosecutor's resolution. In
her resolution, ACP Sampaga held that the
case had already prescribed pursuant to Act
No. 3326, as amended, which provides that
violations penalized by B.P. Blg. 22 shall
prescribe after four (4) years.
Petitioner appealed to the DOJ. But the DOJ,
through
Undersecretary
Manuel
A.J.
Teehankee, dismissed the same, stating that
the offense had already prescribed pursuant to
Act No. 3326. Petitioner filed a motion for
reconsideration of the DOJ resolution.
On 3 April 2003, the DOJ, this time
through then Undersecretary Ma. Merceditas
N. Gutierrez, ruled in his favor and declared
that the offense had not prescribed and that the
filing of the complaint with the prosecutor's
office interrupted the running of the prescriptive
period citing Ingco v. Sandiganbayan.
However, in a resolution dated 9
August 2004, the DOJ, presumably acting on a
motion for reconsideration filed by Tongson,
ruled that the subject offense had already
prescribed and ordered "the withdrawal of the
three (3) informations for violation of B.P. Blg.
22" against Tongson. In justifying its sudden
turnabout, the DOJ explained that Act No.
3326 applies to violations of special acts that
do not provide for a prescriptive period for the
offenses thereunder. Since B.P. Blg. 22, as a
special act, does not provide for the
prescription of the offense it defines and
punishes, Act No. 3326 applies to it, and not
Art. 90 of the Revised Penal Code which
governs the prescription of offenses penalized
thereunder.
Petitioner thus filed a petition for
certiorari before the Court of Appeals assailing
the 9 August 2004 resolution of the DOJ. The
petition was dismissed by the Court of Appeals
3
SPL NOTES
SPL NOTES
1.
2.
3.
4.
(a)
(b)
SPL NOTES
1)
2)
1.
2.
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KINDS OF POSSESSION
The unvarying rule is that ownership
is not an essential element of illegal
possession of firearms and ammunition. What
the law requires is merely possession which
includes not only actual possession, but also
constructive possession or the subjection of
the thing to ones control and management
(Gonzales vs. CA, GR no. 95523, August 18,
1997).
PD 1866, which was passed to curb
criminality affecting public order and safety
punishes, inter alia, both actual and physical
possession and constructive possession of
firearms, ammunition and explosives without
authority or license therefor. Ownership is thus
not an essential element. In the case of
constructive possession, it refers to the
subjection of the articles in question to ones
control and management. Once the evidence
indubitably point to possession without the
requisite authority or license, coupled with
animus possidendi or intent to possess on the
part of the accused, conviction for violation of
the said law must follow.
EFFECTIVITY OF THE LAW
SPL NOTES
RETROACTIVE
APPLICATION,
as
otherwise it would acquire the character of
an ex post facto law (People v. Macoy, GR
126253, August 16, 2000).
2.
APPLICABILITY
OF
INDETERMINATE
SENTENCE LAW
The amendatory law has both
beneficial and prejudicial provisions thus its
applicability shall be either prospective or
retroactive depending upon the effect on the
offender.
POSSIBLE
CRIMINAL
LIABILITIES
INVOLVING UNLICENSED FIREARMS:
1.
3.
4.
Mere
possession
firearm - simple
firearm.
of
unlicensed
illegal possession of
SPL NOTES
SPL NOTES
(1)
and
(2)
1.
a. Any
low-powered
firearm,
part
of
b. Any
2.
The
owner,
president,
manager,
a. Any
b. The
10
SPL NOTES
3.
4.
5.
residence
owner,
president,
manager,
1.
2.
11
SPL NOTES
SPL NOTES
1.
2.
3.
13
SPL NOTES
SPL NOTES
15
SPL NOTES
1.
2.
AGGRAVATING CIRCUMSTANCES
The special aggravating circumstance
of spite under section 4(3) of the decree, that
Complied and Transcribed by STEPHANIE NARVAEZ
16
SPL NOTES
or
of
funds
solicited
by
corporations/associations from the general
public.
When not committed by a syndicate as above
defined, the penalty imposable shall be
reclusion temporal to reclusion perpetua if the
amount of the fraud exceeds 100,000 pesos.
Section 2. This decree shall take effect
immediately.
DONE in the City of Manila, this 6th day of
April, in the year of Our Lord, nineteen hundred
and eighty.
1.
2.
3.
results
in
the
defraudation/misappropriation of
a. funds
contribute
stockholders of:
by
members
i. Rural banks
ii. Cooperatives
iii.
samahang nayons or
17
or
SPL NOTES
iv.
b. Funds
Farmers associations; or
solicited
corporations/associations
general public.
by
from
the
1.
2.
FITS
IN
SECOND
18
SPL NOTES
SPL NOTES
1.
2.
A.
1.
2.
3.
the
check
is
subsequently
1.
2.
3.
4.
CRIMINAL
LIABILITY
20
SPL NOTES
B.
1.
2.
3.
OF
SPL NOTES
* Prosecution
under BP 22 shall be
without prejudice toa ny liability for
any violation in the RPC.
3.
* The
1.
* The
2.
1.
JURISDICTION
OVER
THE
OFFENSE:
Estafa and violation of the Bouncing
Checks Law are 2 different offenses having
different elements and necessarily, for a court
to acquire jurisdiction each of the essential
ingredients of each crime has to be satisfied. In
estafa, deceit and damage are essential
elements of the offense. For violation of the
Bouncing Checks Law, on the other hand, the
elements of deceit and damage are neither
essential nor required. Hence, it is incorrect for
respondent People to conclude that inasmuch
as the RTC of Manila acquired jurisdiction over
the estafa case, then it also acquired
jurisdiction over the violations of BP 22. The
two crimes have to be treated as SEPARATE
OFFENSES and therefore, the essential
ingredients of each have to be satisfied. (Uy vs.
CA, GR No. 119000, July 28, 1997).
2.
RULE
111,
Section
1(b)
on
3.
4.
5.
6.
22
SPL NOTES
1.
A. Violence
1.
2.
3.
4.
2.
Wife;
Former wife; or
Against a woman with whom the
person has or had a sexual or dating
relationship; or
3.
*
Rustan argues that the one act of
sending an offensive picture should not be
considered a form of harassment. He claims
that such would unduly ruin him personally and
set a very dangerous precedent. But Section
3(a) of RA 9262 punishes any act or series of
acts that constitute/s violence against women.
This means that a single act of harassment,
which translates into violence, would be
enough. The object of the law is to protect
women and children. Punishing only violence
that is repeatedly committed would license
isolated ones (Rustan Ang vs. CA).
B. Sexual
limited to:
Rape,
sexual
harassment,
acts
lasciviousness, treating a woman or:
demeaning
and
sexually
suggestive
remarks, physically attacking the sexual
parts of the victims body, forcing her/him to
watch obscene publications and indecent
shows or forcing the woman or her child to
do indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live in
the conjugal home or sleep together in the
same room with the abuser;
Acts causing or attempting to cause
the victim to engage in any sexual activity by
force, threat of force, physical or other harm
or threat of physical or other harm or
coercion;
Prostituting the woman or child.
C.
1.
2.
3.
4.
5.
6.
7.
8.
Intimidation;
Harassment;
Stalking;
Damage to property;
Public ridicule or humiliation;
Repeated verbal abuse;
Mental infidelity;
Causing or allowing the victim to
witness the physical, sexual or psychological
abuse of a member of the family to which
the victim belongs; or
9.
10.
11.
D.
of
23
SPL NOTES
1.
2.
3.
4.
H.
I.
E. Physical
F. Dating
(a)
or her child;
(b)
(c)
(d)
(e)
G.
24
SPL NOTES
(1)
(2)
(3)
(4)
(3)
(4)
(5)
(i)Causing
(h)
(1)
(2)
Stalking
or
following
the
25
SPL NOTES
if respondent must
remove
personal
effects
from
the
residence, the court
shall direct a law
enforcement agent to
accompany
the
respondent
has
gathered his things
and escort respondent
from the residence;
(d) Directing the respondent to stay away from
petitioner and designated family or household
member at a distance specified by the court,
and to stay away from the residence, school,
place of employment, or any specified place
frequented by the petitioner and any
designated family or household member;
(e) Directing lawful possession and use by
petitioner of an automobile and other essential
personal effects, regardless of ownership, and
directing the appropriate law enforcement
officer to accompany the petitioner to the
residence of the parties to ensure that the
petitioner is safely restored to the possession
of the automobile and other essential personal
effects, or to supervise the petitioner's or
respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody
of a child/children to the petitioner;
26
SPL NOTES
Notwithstanding other
laws to the contrary,
the court shall order
an
appropriate
percentage of the
income or salary of the
respondent
to
be
withheld regularly by
the
respondent's
employer for the same
to be automatically
remitted directly to the
woman. Failure to
remit and/or withhold
or any delay in the
remittance of support
to the woman and/or
her
child
without
justifiable cause shall
render the respondent
or his employer liable
for indirect contempt of
court;
(h) Prohibition of the respondent from any use
or possession of any firearm or deadly weapon
and order him to surrender the same to the
court for appropriate disposition by the court,
including
revocation
of
license
and
disqualification to apply for any license to use
or possess a firearm
SPL NOTES
(a)
(b)
the
circumstances
of
(c)
Barangay
officials
and
court
personnel shall assist applicants in the
preparation of the application.
(d)
Those
arising
at
the
(a)
(b)
Those
involving
actual
SPL NOTES
- Respondents
non-appearance
despite proper notice, or his lack of a
lawyer, or the non-availability of his
lawyer shall NOT be a ground for
rescheduling or postponing the
hearing on the merits of the
issuance of a PPO.
- If despite due notice respondent fails
to appear - court shall allow ex parte
presentation of evidence by the
applicant and render judgment on
the basis of the evidence presented.
The court shall allow the introduction
of any history of abusive conduct of
a respondent even if the same was
not directed against the applicant or
the person for whom the applicant is
made.
- If depsite due notice respondent
appears without counsel - court shall
appoint a lawyer for the respondent
and immediately proceed with the
hearing.
GENERAL RULE: The court shall, to the extent
possible, conduct the hearing on the merits of
the issuance of a PPO in one (1) day.
EXCEPTION: Where the court is unable to
conduct the hearing within one (1) day and the
TPO issued is due to expire, the court shall
continuously extend or renew the TPO for a
period of thirty (30) days at each particular time
until final judgment is issued. The extended or
renewed TPO may be modified by the court as
may be necessary or applicable to address the
needs of the applicant.
The court may grant any, some or all
of the reliefs specified in Section 8 hereof in a
PPO.
A PPO shall be effective until revoked
by a court upon application of the person in
whose favor the order was issued. The court
shall ensure immediate personal service of
the PPO on respondent.
-
29
SPL NOTES
* An
(a)
(b)
an indigent;
or there is an immediate
SPL NOTES
SPL NOTES
32