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Special Penal Laws || November 8, 2014

Judge Oscar B. Pimentel


LAWS TO BE COVERED:
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RA 9262
RA 9334, amending PD 603
PD 603, as amended
Article 80 of the Revised Penal Code
RA 10630, amending RA 9334
Firearms- refer to the provisions of PD1866, amended by 8294
RA10591 new comprehensive law on firearms and ammunitions.
a. Be familiar with the new technical terms used.
8. RA 9165 The Dangerous Drugs Act of 2002
a. Amending Arts.190-194 of the RPC, repealed by RA 6425. RA7659 subsequently
amended RA 6425.
9. PD 1829 The law on the obstruction of justice.
10. Act 4103, amended by Act 4225. Act 4203 subsequently amended 4225.
11. Act 3226- Period for prescription of punishment for violations of special penal laws.
i. Affects only special penal laws.
12. Anti-Highway Robbery Act (PD 532)
a. We will only be dealing with highway robbery. Piracy will not be discussed.
b. RA 7659 on piracy.
13. RA 6235 On civil aviation
a. Relates to high-jacking of an airplane and other matters when a person is about to
board, is boarding, or when he is inside an aircraft.
14. RA 9372 The Human Security Act
a. This law is peculiar because the penalty does not follow the penalty provided for
in the RPC.
b. This law is a class of its own. The penalty for violation is 40 years, without
minimum, and without the benefit of parole. There is still no jurisprudence on the
matter. However, the SC, in a case, held that we have adopted the declaration of
the United Nations in connection with certain groups in the Philippines which are
considered as terrorist organizations and these are the Abu Sayyafs, the NPA, and
the MILF.
When Arroyo was still the President, she issued an Executive Order adopting the
resolution of the UN in declaring that the three groups are terrorist organizations.
But this EO cannot be relied on for the purpose of prosecuting the groups. Under
the Act, only the RTC has the authority to declare any person or group a terrorist
or a terrorist group (not even the CA or the SC can do this!).
15. RA 9194 amending RA 9160 (Anti-Money Laundering Act of 2001). The problem
with this is that another law was passed regarding money laundering, which is RA 10365,
also amending RA 9160.
a. The class will deal principally with RA 9160.

16. PD 1602 Law prescribing stiffer penalties on illegal gambling.


17. RA 9208 Anti-Trafficking in Persons Act
18. RA 3019 Anti-Graft and Corruption Act
a. The present situation in the country affects all public officials.
19. RA 7659, amending _______.
a. Do not have the impression that the threshold amount for plunder is P50,000,000.
This has already been amended by RA 7659 to P75,000,000.
20. RA 9775
a. Anti-child pornography law
21. RA 8049
a. Regulating hazing and other forms of initiation
b. Hazing per se is not a crime. There are rules and regulations that are provided in
the law. Hazing is a legal activity, provided that the persons involved follow the
rules under RA 8049.
22. RA 7610
a. Child abuse law.
b. In connection with RA 7610, when it comes to physical abuse, there must be a
purpose on the part of the offender, which is to debase the dignity of the child. If
the purpose is not present, it will not fall under RA 7610. But the moment that
sexual abuse is committed, even just once, the act will fall under RA 7610.
23. RA 7877
a. Anti-sexual harassment law
b. Penalty of sexual harassment is 6 months imprisonment.
c. Three places where sexual harassment can be committed: work, educational, and
training environment/institution.
24. RA 4200
a. Anti-Wire-Tapping Act
b. Amended by the Human Security Act. Always refer to RA 4200 when reading the
HAS in order to have an idea of how the provisions of HAS is being applied.
25. PD 1612
a. The anti-fencing law of 1979.
b. Important because there are so many people engaged in the buying and selling of
second-hand goods.
26. PB 22
a. The bulk of cases in the first-level courts in Metro-Manila are on violations of PB
22.
b. Some of the lenders may require their borrowers to open an account before
lending their money and then require an issuance of a check for the payment.
When the borrowers check bounces, lenders can easily file a case against the
former.
c. One case for each bouncing check.
27. RA 10586
a. Passed recently; penalizes persons driving under the influence of alcohol or
dangerous drugs.
b. Penalties are afflictive in nature.
28. PD 818

a. In relation to estafa (Article 315 and 316 of the RPC). It is only applicable to
paragraph 2(d) of Art. 315. It changed the penalty for such violation.
29. PD 115
a. Trust Receipt law
30. Administrative Circular 08-2008
a. Regarding the imposition of penalties in libel cases.
31. RA 10592
a. Amended Arts. 29, 94, 97, 98, and 99 of the RPC.
NEXT MEETING:
Discussion on Indeterminate Sentence Law and Probation Law (PD 968)
Other things Sir will be discussing in the next few meetings: Amendments introduced by
new laws on RPC provisions; 9262, 7610, law on firearms; RA 9165.
TARGET FOR MIDTERMS: 12-15 laws.
No recitations.
For every absence, minus 1 in the grade.

= CLASS DISMISSED =