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INDETERMINATE SENTENCE LAW (Act No.

4103 as amended by Act 4225)


OBJECTIVES of the LAW: 1. Avoid unnecessary, prolonged imprisonment; 2. Decongest jails by having convicts serve sentence off jail; 3. Saving government from unnecessary expenses; and 4. Promote reformation of convict through parole. ISLAW IS INAPPLICABLE to: 1. Offenses punished with life imprisonment or reclusion perpetua; 2. Persons convicted under Arts. 114,115,116,117, 132, 134 & 139, RPC; 3. Habitual delinquents; 4. Those who escaped confinement or evaded sentence; 5. Those who violated the terms of their conditional pardon; 6. Those whose maximum imprisonment does not exceed one year; 7. Those who are already serving final judgment upon the approval of ISLAW In determining the maximum period for an indeterminate sentence, the court shall sentence the accused in view of the attending circumstances. Fixing the maximum period of indeterminate sentence is for the purpose of determining the imposable accessory penalty. Fixing the minimum period of indeterminate sentence is to know when the convict is eligible for parole. HOW THE LAW OPERATES: For crimes under RPC a. Fix maximum period by considering attendant circumstances per Art. 64, RPC. Privileged mitigating circumstance must first be considered. Example: HOMICIDE SANS any modifying CIRCUMSTANCE: Penalty imposable is medium period of reclusion temporal which is the maximum period for the indeterminate sentence. b. Having determined the maximum period, fix the minimum at one degree lower than that provided by RPC. the minimum shall be within the range of the penalty next lower to that prescribed by the Code (RPC) for the offense ( Sec. 1). The penalty next lower in degree to reclusion temporal is prision mayor; the court therefore shall fix the minimum period for the indeterminate sentence at any of the periods of prision mayor. HOMICIDE with privileged mitigating circumstance of minority Fix the maximum period: Prision mayor medium period as maximum Fix the minimum period: It should be in any period of the penalty next lower than that prescribed by the RPC for the crime.

The minimum period should be in any period of prision correccional. WHATS THE RANGE OF INDETERMINATE SENTENCE FOR THIS CASE? Prision mayor medium period as maximum and prision correctional in any period as minimum. For penalty imposed through plea-bargaining the penalty arrived at after the plea bargain shall be the basis for the determination of the indeterminate sentence, if the accused is qualified. LADINO vs. GARCIA G.R. No. 123991 December 6, 1996 FACTS: Pursuant to the plea of guilty to the crime of homicide, the trial court declared both accused guilty beyond reasonable doubt of the crime of homicide, and sentencing each of them to a prison term of 14 years, 8 months, and 1 day to 17 years, 4 months and 1 day of reclusion temporal, and to severally pay the civil liability. Accused questioned the penalty imposed on them in light of the provisions of the Indeterminate Sentence Law, but the lower court refused to reconsider the same. ISSUE: Whether or not the indeterminate sentence meted by the trial court is correct? HELD: The penalty for homicide under Article 249 of the Revised Penal Code is reclusion temporal in its entire extent and, in the absence of modifying circumstances, the penalty should be imposed in its medium period. This has a duration of 14 years, 8 months and 1 day to 17 years and 4 months, and shall be the basis of "an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the said Code.More importantly, it disregarded the further prescription that the minimum of the sentence "shall be within the range of the penalty next lower to that prescribed by the Code for the offense." This would, therefore, be prision mayor in any of its periods as the court, in the exercise of sound discretion and the circumstances of the case, may consider commensurate and proper. Accordingly, the impugned disposition of respondent judge is MODIFIED and accused are hereby SENTENCED to each serve an indeterminate penalty of ten (10) years of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum. For complex felonies, the full range of the penalty prescribed by law shall be considered. Note that in a complex crime, the maximum period of the prescribed penalty shall be imposed.

For offenses involving special penal laws. The maximum term shall be any period not exceeding the maximum fixed by law and the minimum shall be any period not less than the minimum term prescribed by the same.
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Special Penal Laws (MIDTERM)

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SELECTED TOPICS ONTHE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (R.A. 9165)
TERMS: Chemical Diversion -The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud. Confirmatory Test - An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. Drug Dependence - As based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use. Drug Syndicate - Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act. Employee of Den, Dive or Resort - The caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof. Financier - Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act. Illegal Trafficking - The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical. Planting of Evidence - The willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of this Act. Protector/Coddler - Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator. Pusher - Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act. Sale - Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration. Trading - Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act.

Use - Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, and of the dangerous drugs. UNLAWFUL ACTS AND PENALTIES Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals PENALTY- life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00). Maintenance of a Den, Dive or Resort PENALTY- life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00). Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. PENALTY- life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals PENALTY- imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00). Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals PENALTY- imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00). Maintenance of a Den, Dive or Resort where any dangerous drug is used or sold in any form PENALTY- life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00). Being an employee of a den, dive or resort, who is aware of the nature of the place as such; and being any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as such and shall knowingly visit the same PENALTY- imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00). Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug )

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PENALTY- imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).

Possession of Dangerous Drugs in the following quantities, regardless of the degree of purity thereof: (1) 10 grams or more of opium; (2) 10 grams or more of morphine; (3) 10 grams or more of heroin; (4) 10 grams or more of cocaine or cocaine hydrochloride; (5) 50 grams or more of methamphetamine hydrochloride or "shabu"; (6) 10 grams or more of marijuana resin or marijuana resin oil; (7) 500 grams or more of marijuana; and (8) 10 grams or more of other dangerous drugs PENALTY-life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00). Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. PENALTY- life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00). Use of Dangerous Drugs PENALTY-minimum of six (6) months rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00). Section 15. A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section (15) shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply. Criminal Liability of Government Officials and Employees officials and employees. The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials. Criminal Liability for Planting Evidence Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of reclusion perpetua.

Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition. CHAIN OF CUSTODY DDB Board Regulation No. 1, series of 2002 defines chain of custody as "the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. HOW TO DO IT: (Chain of Custody Rule under Sec. 21) 1. The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of: a. the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, b. a representative from the media and the Department of Justice (DOJ), and c. any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof 2. Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination; 3. A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s: Provided, That when the volume of the dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame,a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued on the completed forensic laboratory examination on the same within the next twenty-four (24) hours. 4. After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the presence of the accused or the person/s from whom such items were confiscated and/or seized,or his/her representative or counsel, a representative from the media and the DOJ, civil society groups and any elected public official. The Board shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes: Provided, further, That a representative sample, duly weighed and recorded is retained.

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5. The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which, together with the representative sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the representative sample/s shall be kept to a minimum quantity as determined by the Board. 6. The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the above proceedings and his/her presence shall not constitute an admission of guilt. In case the said offender or accused refuses or fails to appoint a representative after due notice in writing to the accused or his/her counsel within seventy-two (72) hours before the actual burning or destruction of the evidence in question, the Secretary of Justice shall appoint a member of the public attorney's office to represent the former. 7. After the promulgation and judgment in the criminal case wherein the representative sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of the final termination of the case and, in turn, shall request the court for leave to turn over the said representative sample/s to the PDEA for proper disposition and destruction within twenty-four (24) hours from receipt of the same. PEOPLE OF THE PHILIPPINES vs. SAMUEL OBMIRANIS y ORETA G.R. No. 181492 December 16, 2008 As a method of authenticating evidence, the chain of custody rule requires that the admission of the exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be. It would thus include testimony about every link in the chain, from the moment the item was seized to the time it is offered in court as evidence, such that every person who handled the same would admit how and from whom it was received, where it was and what happened to it while in the witness' possession, the condition in which it was received and the condition in which it was delivered to the next link in the chain. The same witnesses would then describe the precautions taken to ensure that there had been no change in the condition of the item and no opportunity for someone not in the chain to have possession of the same. PEOPLE vs. MONALYN CERVANTES G.R. No. 181494 March 17, 2009 As a mode of authenticating evidence,the chain of custody rule requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be. In context, this would ideally include testimony about every link in the chain, from the seizure of the prohibited drug up to the time it is offered into evidence, in such a way that everyone who touched the exhibit would describe how and from whom it was received, where it was and what happened to it while in the witness possession, the condition in which it was received, and the condition in which it was delivered to the next link in the chain. People v. Nicolas G.R. No. 170234, 8 February 2007 The elements necessary for the prosecution of illegal sale of drugs are: 1. the identities of the buyer and the seller, the object, and consideration; and 2. the delivery of the thing sold and the payment therefor. What is material to the prosecution for illegal sale of dangerous drugs is the proof that the transaction or sale actually took place, coupled with the presentation in court of evidence of corpus delicti. PEOPLE vs. NARCISO AGULAY G.R. No. 181747, September 26, 2008 Not all people who came into contact with the seized drugs are required to testify in court. There is nothing in the New Drugs Law or in any rule implementing the same that imposes such a requirement. As long as the chain of custody of the seized substance was clearly established not to have been broken and that the prosecution did not fail to identify properly the drugs seized, it is not

indispensable that each and every person who came into possession of the drugs should take the witness stand. REPUBLIC ACT No. 9344JUVENILE JUSTICE AND WELFARE ACT of 2006 POLICY BASES 1. recognition of the vital role of children and youth in nation building; 2. protection of the best interests of the child through measures that will ensure the observance of international standards of child protection; 3. Recognition of the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty andexploitation, and other conditions prejudicial to their development; 4. Article 40 of the United Nations Convention on the Rights of the Child to which the Philippines is a party; 5. Application of the principles of restorative justice in all laws, policies and programs applicable to children in conflict with the law. Definition of Terms Bail -the security given for the release of the person in custody of the law, furnished by him/her or a bondsman, to guarantee his/her appearance before any court. Bail may be given in the form of corporate security, property bond, cash deposit, or recognizance. Child -to a person under the age of eighteen (18) years. Best Interest of the Child - totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child. Child at Risk - a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances such as, but not limited to, the following: a. being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; b. being exploited including sexually or economically; Child in Conflict with the Law -a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. Deprivation of Liberty - refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority. Diversion -refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings. Initial Contact With-the Child - refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody.

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Diversion Program - refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. Intervention - refers to a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counseling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well-being. Juvenile Justice and Welfare System - a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development. Law Enforcement Officer - refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod. Recognizance- an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law, when required. Restorative Justice - refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. It seeks to obtain reparation for the victim; reconciliation of the offender, the offended and the community; and reassurance to the offender that he/she can be reintegrated into society. It also enhances public safety by activating the offender, the victim and the community in prevention strategies. Status Offenses -refers to offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like. Victimless Crimes - offenses where there is no private offended party. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall have the following rights, including but not limited to: (a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment; (b) the right not to be imposed a sentence of capital punishment or life imprisonment, without the possibility of release; (c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a disposition of last resort, and which shall be for the shortest appropriate period of time; (d) the right to be treated with humanity and respect, for the inherent dignity of the person, and in a manner which takes into account the needs of a person of his/her age. In particular, a child deprived of liberty shall be separated from adult offenders at all times. No child shall be detained together with adult offenders. He/She shall be conveyed separately to or from court. He/She shall await hearing of his/her own case in a separate holding area. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances; (e) the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on such action; (f) the right to bail and recognizance, in appropriate cases; (g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness;

(h) the right to have his/her privacy respected fully at all stages of the proceedings; (i) the right to diversion if he/she is qualified and voluntarily avails of the same; (j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest, the rights of the victim and the needs of society are all taken into consideration by the court, under the principle of restorative justice; (k) the right to have restrictions on his/her personal liberty limited to the minimum, and where discretion is given by law to the judge to determine whether to impose fine or imprisonment, the imposition of fine being preferred as the more appropriate penalty; (I) in general, the right to automatic suspension of sentence; (m) the right to probation as an alternative to imprisonment, if qualified under the Probation Law; (n) the right to be free from liability for perjury, concealment or misrepresentation; and (o) other rights as provided for under existing laws, rules and regulations. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of RA 9344. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with RA 9344. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority. He/ She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor. ROBERT SIERRA y CANEDA, vs. PEOPLE, G.R. No. 182941, July 3, 2009 Testimonial evidence is competent evidence to prove the accuseds minority and age , subject to the following conditions: 1. the absence of any other satisfactory evidence such as the birth certificate, baptismal certificate, or similar documents that would prove the date of birth of the accused; 2. the presence of testimony from accused and/or a relative on the age and minority of the accused at the time of the complained incident without any objection on the part of the prosecution; and 3.lack of any contrary evidence showing that the accuseds and/or his relatives testimonies are untrue. Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the

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determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties. Ortega v. People, G.R. No. 151085, August 20, 2008 The burden of evidence has now shifted to the defense which now claims, by an affirmative defense, that the accused, even if guilty, should be exempt from criminal liability because of his age when he committed the crime. The defense, therefore, not the prosecution, has the burden of showing by evidence that the petitioner was 15 years old or less when he committed the rape charged. System of Diversion. - Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided: (a) Where the imposable penalty for the crime committed is not more than six (6) years imprisonment,the law enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation, family conferencing and conciliation and, where appropriate, adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. The child and his/her family shall be present in these activities. (b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment, the local social welfare and development officer shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program, in coordination with the BCPC; (c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court. The court will determine whether or not diversion is appropriate if: 1. the penalty imposable is not more than 12 years, regardless of the fine, or 2. fine, regardless of the amount, and 3. before arraignment of the child During the effectivity of the Diversion Program, prescription of the crime is suspended for a period not exceeding two (2) years. If the offense does not fall under Section 23(a) and (b), or if the child, his/her parents or guardian does not consent to a diversion, no diversion is made. Instead, the authority handling the case of the child under custody, to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not the child should remain under custody and correspondingly charged in court. Kinds of Diversion Programs. - The diversion program shall include adequate socio-cultural and psychological responses and services for the child. At the different stages where diversion may be resorted to, the following diversion programs may be agreed upon, such as, but not limited to: (a) At the level of the Punong Barangay: (1) Restitution of property; (2) Reparation of the damage caused; (3) Indemnification for consequential damages; (4) Written or oral apology; (5) Care, guidance and supervision orders;

(6) Counseling for the child in conflict with the law and the child's family; (7)Attendance in trainings, seminars and lectures on: (i) anger management skills; (ii) problem solving and/or conflict resolution skills; (iii) values formation; and (iv) other skills which will aid the child in dealing with situations which can lead to repetition of the offense; (8) Participation in available community-based programs, including community service; or (9) Participation in education, vocation and life skills programs. (b) At the level of the law enforcement officer and the prosecutor: (1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein; and (2) Confiscation and forfeiture of the proceeds or instruments of the crime; (c) At the level of the appropriate court: (1) Diversion programs specified under paragraphs(a)and (b) above; (2) Written or oral reprimand or citation; (3) Fine: (4) Payment of the cost of the proceedings; or (5) Institutional care and custody. The document transmitting said records shall display the word "CHILD in bold letters. Confidentiality of Records of Proceedings Records and proceedings involving CICL from initial contact until final disposition of the case shall be considered privileged and confidential. The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever. Exception When determining if the CICL may have his/her sentence suspended or if he/she may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action. Preliminary Investigation shall be conducted when: 1. the child in conflict with the law does not qualify for diversion 2. the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; and 3. considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law. Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's Office of such service, as well as the personal information, and place of detention of the child in conflict with the law. Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation.

Special Penal Laws (MIDTERM)

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Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. Offenses Not Applicable to Children (Status Offenses) Children shall be exempt from prosecution for the following crimes: 1. Vagrancy 2. Prostitution under Section 202 of the Revised Penal Code 3. Mendicancy under Presidential Decree No. 1563 and 4. Sniffing of Rugby under Presidential Decree No. 1619 Provided, They undergo appropriate counselling and treatment program. COURT PROCEEDINGS Right to Bail of the CICL. For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered. Release on Recognizance. - Where a child is detained, the court shall order: (a) the release of the minor on recognizance to his/her parents and other suitable person; (b) the release of the child in conflict with the law on bail; or (c) the transfer of the minor to a youth detention home/youth rehabilitation center. The court shall not order the detention of a child in a jail pending trial or hearing of his/her case. Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate. Automatic Suspension of Sentence - Upon conviction of CICL, the court shall determine and ascertain any civil liability. However, he shall be placed under suspended sentence without need of application. Suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt. Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. Options if the CICL reached 18 years old while under suspended sentence: 1. Discharge 2. Execute the Sentence 3. Extend the period of suspended sentence but only up to age 21 Discharge of the Child in Conflict with the Law - Upon the recommendation of the social worker who has custody of the child, the court shall dismiss the case against the child whose sentence has been suspended and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled. Probation privilege Upon application, the court may place the CICL on probation in lieu of service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of the Probation Law is amended

Prohibition Against Labeling and Shaming- In the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin. Other Prohibited Acts - The following and any other similar acts shall be considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child in conflict with the law and therefore, prohibited: (a) Employment of threats of whatever kind and nature; (b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary confinement; (c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing him/her to walk around the community wearing signs which embarrass, humiliate, and degrade his/her personality and dignity; and (d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances. Disposition on Cases of CICL 15) Years Old and Below Cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. Such officer, upon thorough assessment of the child, shall determine whether to release the child to the custody of his/her parents, or refer the child to prevention programs as provided under this Act. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released, unless it is contrary to the best interest of the child. Children Detained Pending Trial If the child is detained pending trial, the Family Court shall also determine whether or not continued detention is necessary and, if not, determine appropriate alternatives for detention. If detention is necessary and he/she is detained with adults, the court shall immediately order the transfer of the child to a youth detention home. REHABILITATION AND REINTEGRATION No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the purpose. Separate rehabilitation facilities for female CICL They shall be handled by female doctors, correction officers and social workers, and shall be accommodated separately from male children in conflict with the law.

Special Penal Laws (MIDTERM)

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A CICL, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD. PEOPLE vs. SARCIA, G.R. No. 169641 Sept. 10, 2009 When accused-appellant was detained at the New Bilibid Prison pending the outcome of his appeal before this Court, Republic Act (R.A.) No. 9344, the Juvenile Justice and Welfare Act of 2006 took effect on May 20, 2006. Sec. 38 of R.A. No. 9344 provides for the automatic suspension of sentence of a child in conflict with the law, even if he/she is already 18 years of age or more at the time he/she is found guilty of the offense charged.To date, accused-appellant is about 31 years of age, and the judgment of the RTC had been promulgated, even before the effectivity of R.A. No. 9344. Thus, the application of Secs. 38 and 40 to the suspension of sentence is now moot and academic. However, accused-appellant shall be entitled to appropriate disposition under Sec. 51 of R.A. No. 9344, which provides for the confinement of convicted children as follows: Sec. 51. A child in conflict with the law may, after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the BUCOR, in coordination with the DSWD. PEOPLE vs. JACINTO, supra The offender shall be entitled to the right to restoration, rehabilitation and reintegration in accordance with the Act in order that he/she is given the chance to live a normal life and become a productive member of the community. Rehabilitation of CICL Community-based CICL shall be released to parents, guardians, relatives or any other responsible person in the community. Community-based programs include: (1) Competency and life skills development (2) Socio-cultural and recreational activities (3) Community volunteer projects; (4) Leadership training (5) Social services (6) Homelife services (7) Health services (8) Spiritual enrichment; and (9) Community and family welfare services.

Anti-Sexual Harassment Act of 1995 REPUBLIC ACT No. 7877


BASES: a. value for the dignity of every individual b. enhancement of the development of human resources c. guarantee for full respect for human rights d. upholding the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education Sexual harassment is: a. Intimidation b. bullying or c. coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. Philippine Aeolus Automotive v. NLRC G.R. No. 124617 ----- April 28, 2000 Sexual harassment is an imposition of misplaced "superiority" which is enough to dampen an employees spirit and her capacity for advancement. It affects her sense of judgment; it changes her life. The gravamen of the offense in sexual harassment is not the violation of the employee's sexuality but the abuse of power by the employer. Any employee, male or female, may rightfully cry "foul" provided the claim is well substantiated. Work, Education or Training -Related, Sexual Harassment Defined - Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, termsof conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee's rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

Special Penal Laws (MIDTERM)

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(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act. Read the case of ATTY. AQUINO vs. HON. ACOSTAA.M. No. CTA-01-1 , April 2, 2002.

against a WOMAN who is his wife, former wife, or with whom the person has or had a sexual or dating relationships, or with whom he has a common child, or against her child/child under her care Which result or is likely to result in physical, sexual, psychological harm or suffering or economic abuse including threats of such acts, Battery, assault, coercion, harassment or arbitrary deprivation of liberty ELEMENTS: Relationship, past or present Married or not; living in or not Sexual or dating relationship Including lesbian relationships With common child Falling under Sec. 5 (punishable acts) Sec. 5 Acts of VAWC Causing, threatening, attempting to cause physical harm Placing the woman or her child in fear of imminent physical harm Attempting or compelling the woman or her child to engage in conduct which they have a right to desist from, or depriving or threatening to deprive the woman or her child of custody or access to her family depriving them of financial support;insufficient financial support Depriving or threatening to deprive the woman or her child of a legal right Preventing the woman from engaging in any legitimate profession, occupation, business or activity, or controlling her own money or properties or solely controlling conjugal or common assets Causing or attempting to cause the woman or her child to engage in any sexual activity..., by force or threat, physical harm, intimidation directed against the woman, her child, or immediate family* Engaging in knowing or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress including: (1) stalking (2)entering or remaining in the property Causing mental or emotional anguish, public ridicule, humiliation including repeated verbal and emotional abuse* denial of financial support or custody of minor children or denial of access to the womans child * PRESCRIPTION PERIOD: 10 years. All others, 20 years Sec. 19 in relation to Art, 58, FC - In cases of legal separation, where violence as specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act. Who can be charged for VAWC? GO-TAN VS. SPS PERFECTO C. TAN and JUANITA L. TAN G.R. No. 168852, September 30, 2008
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The Law on Violence Against Women and Children (RA 9262)


1987 CONSTITUTION:State Policies a. Sec. 2 adopts the generally accepted principles of international law as part of the law of the land (CEDAW, CRC, other Conventions) b. Full respect for human rights c. Sec. 14. fundamental equality before the law of women and men d. Sec. 14 The State shall protect working women by providing safe and healthful working conditions xxx LAWS ON VAW since 1995 1. Anti-Sexual Harassment Act of 1995 2. Anti-Rape Act of 1997 3. Rape Victims Assistance Act (1998) 4. An Act penalizing matching of Filipino mail order brides (1998) 5. Anti-Trafficking in Persons Act of 2003 6. Anti-Violence Against Women and Their Children Act of 2004 RA 9262: Anti VAWC Act Effective March 27, 2004 A special law protecting women and their children from all forms of abuse Criminal statute Civil action Temporary & Permanent Protection Order With remedy of Barangay (village) Protection Order Types of Violence covered PHYSICAL PSYCHOLOGICAL, EMOTIONAL SEXUAL ECONOMIC

Psychological Violence-those acts or omissions causing or likely to cause mental or emotional suffering of the victim e.g. intimidation, stalking, marital infidelity. Sexual Violence- rape, sexual harassment, treating the woman as a sex object Economic Violence - abuse that make or attempt to make the woman financially dependent e.g. withdrawal of financial support or destroying household property. Battering , assault, coercion Definition - Violence Against Women & their children (VAWC) any act or series of acts committed by any PERSON

Special Penal Laws (MIDTERM)

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Are parents-in-law of the victim of VAWC covered by R.A. No. 9262? HELD: YES While the said provision (Sec. 3, RA 9262) provides that the offender be related or connected to the victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of the principle of conspiracy under the RPC. Section 5 of R.A. No. 9262 expressly recognizes that the acts of violence against women and their children may be committed by an offender through another. Purpose of Protection Orders to prevent further acts of violence against a woman or her child. to safeguard the victim from further harm to minimize disruption in victims daily life give her the opportunity and ability to regain control over her life. Kinds of Protection Orders Barangay Protecton Order 15 days; not extendible Temporary Protection Order 30 days + (shall be renewed by court) Permanent Protection Order Protection Orders Prohibition from threatening or committing, any of punishable acts Removal and exclusion from the residence regardless of ownership, temporarily or permanently where no property rights are violated Stay away from petitioner, any designated family or household member Temporary or permanent custody of child Support automatic remittance of salary or income by employer Dept of Social Welfare & Dev to provide shelter and social services Who may file for Protection Orders (P.O.) Offended party Parents or guardians Ascendants, descendants, collateral relatives within 4th degree of consanguinity or affinity Social workers of DSWD or LGUs Police officers Punong Barangay or kagawad Lawyer, counselor, therapist, healthcare provider At least 2 citizens of the city or municipality who have personal knowledge of the offense Temporary Protection Order Issued by the Court on the day of filing Ex parte ; Priority over all other cases Effective for 30 days; extendible Stay away order, temporary custody and support to woman and/or her children, use of community/conjugal property Bond to Keep the Peace Enforceable anywhere in the country No mediation; no conciliation Permanent Protection Order issued after notice and hearing

custody, support to the woman and/or her children respondent to leave the residence permanently with Bond to Keep the Peace Battered Woman Syndrome (BWS)

a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse justifying circumstance a. Sec. 26, RA 9262 b. Victim shall not incur any criminal liability despite the absence of any of the justifying circumstance Perpetrator of crime against a woman with BWS shall not have custody of children under the RPC. Battered Woman One who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. To be classified as BW, the couple must through the battering cycle at least twice. BW exhibit common traits like low self-esteem, emotional dependence upon the dominant male and traditional beliefs about the home

Minor battering occurs; woman tries to pacify the batterer, but believes the man has the right to abuse her Violence sometimes spirals out of control Acute Battering Incident Characterized by brutality, destructiveness and even death BW deems it unpredictable or inevitable Tranquil, loving phase The couple experience profound relief Batterer may show a tender and nurturing behavior towards the BW To justify killing through BWS Each of the phases of cycle of violence must be proved to have characterized at least two battering episodes The final acute battering episode preceding the killing of the batterer must have produced in the battered persons mind an actual fear of an imminent harm from the batterer and an honest belief that she needed to use force to save her life

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Special Penal Laws (MIDTERM)

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CHARACTERISTICS OF BWS CYCLE OF VIOLENCE tension-building phase acute battering incident tranquil, loving phase Tension building phase

At the time of the killing, the batterer must have posed probable- not necessarily immediate and actual-grave harm to accused on the history of violence by the former against the latter

Exemption from liability NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY : Any person, private individual, police authority, barangay official acting in accordance with law, whoresponds or intervenes without using violence or restraint greater than necessary to ensure safety of the victim Rights of victims Right to be treated with respect & dignity; Legal assistance; support services from DSWD, local governments Privacy and confidentiality of records Additional 10 day paid leave from work aside from present paid leave benefits

Effectiveness of the law The law is a product of cooperation of womens rights organizations and legislators, hence the comprehensive remedies Protection Orders are being increasingly used by women to protect themselves, get support, get back their minor children Barangay protection order is available to poor rural women who have no easy access to the courts Supreme Court issued a Rule on VAWC, governs the trial of the case Government officials, including judges are prohibited from mediating e.g. to influence the woman to give up her reliefs Local government units are tasked with education campaign to eliminate VAW Mechanism for government implementers and support services Inter-Agency on VAW is provided in the law; government implementers have Implementing Rules and Regulations enumerating their duties Problem: lack of funds for training

Problems, lessons Ignorance of the law by police officers who are not in the womens and childrens desks Lack of quality gender sensitivity seminars for judges who are not family court judges, and prosecutors Misuse of the laws and rules by lawyers, e.g. retaliation suits against women who have protection orders

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Special Penal Laws (MIDTERM)

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