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Special Penal Law - Caliwan Files PDF
Special Penal Law - Caliwan Files PDF
1. PROBATION LAW- Presidential Decree No. 23. THE ANTI-PIRACY AND ANTI-HIGHWAY
968 ROBBERY LAW OF 1974- Presidential Decree
No. 532
2. INDETERMINATE SENTENCE LAW- Act No.
4103 as amended 24. THE ANTI-CARNAPPING ACT OF 1972-
Republic Act No. 6539
3. THE ANTI-GRAFT AND CORRUPT PRACTICES
ACT- Republic Act No. 3019 25. THE ANTI-HIJACKING LAW- Republic Act No.
6235
4. THE COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002- Republic Act No. 9165 26. (Amending) THE LAW ON ARSON -
Presidential Decree No. 1613
5. ANTI-VIOLENCE AGAINST WOMEN ANDTHEIR
CHILDREN ACT OF 2004- Republic Act No. 27. THE ANTI-ALIAS LAW- Republic Act No. 6085
9262
28. OBSTRUCTION OF JUSTICE- Presidential
6. BOUNCING CHECKS LAW- Batas Pambansa Decree No. 1829
Blg. 22
____________________________________________
7. THE ANTI-FENCING LAW OF 1979-
Presidential Decree No. 1612 SPECIAL PENAL LAWS IN GENERAL
9. ANTI-MONEY LAUNDERING ACT OF 2001- 1. When the crime is punished by a special law, as a
R.A. NO. 9160 as amended by R.A. 9194, rule, intent to commit the crime is not necessary. It is
R.A. 10167, R.A. 10168 and R.A. 10365, also sufficient that the offender has the intent to
known as An Act Further Strengthening The perpetrate the act prohibited by the special law.
Anti-Money Laundering Law
In intent to commit the crime, there must be
10. THE ANTI- HAZING LAW criminal intent; in intent to perpetrate the act, it is
enough that the prohibited act is done freely and
11. HUMAN SECURITY ACT OF 2007 (THE ANTI- consciously. (Elenita C. Fajardo vs. People, G.R. No.
TERRORISM LAW) - Republic Act No. 9372 190889, January 10, 2011)
12. THE ANTI-CHILD ABUSE LAW Republic Act 2. Although Republic Act No. 7610 is a special law, the
No. 7610 rules in the Revised Penal Code for graduating
penalties by degrees or determining the proper period
13. THE ANTI- TORTURE ACT-Republic Act No. should be applied. The penalty for Other Acts of Child
9745
Abuse is prision mayor in its minimum period.
14. THE ANTI-SEXUAL HARASSMENT ACT OF Although R.A. No. 7610 is a special law, the rules in
1995- Republic Act No. 7877 the Revised Penal Code for graduating penalties by
degrees or determining the proper period should be
15. THE ANTI-TRAFFICKING IN PERSONS ACT OF applied.
2003- Republic Act No. 9208
3. MALA IN SE and MALA PROHIBITA.
16. PLUNDER as amended
a. In mala in se, the act
17. THE ANTI WIRE-TAPPING ACT- Republic Act committed in inherently wrong or
No. 4200
immoral; in mala prohibita, the
18. THE ANTI-CHILD PORNOGRAPHY ACT OF act is merely prohibited by law;
2009- Republic Act No. 9775
b. In mala in se, good faith is a ex. RA 7610 although a special law, adopted the
proper defense; in mala prohibita, penalty defined in RPC.
good faith is not a defense;
-When ISLAW is not applicable?
c. In mala in se, the stages of 1. Offenses punishable by death or life
imprisonment.
execution under Article 6 of the
2. Those convicted of treason, conspiracy or
Revised Penal Code is considered proposal to commit treason.
in arriving at the proper penalty 3. Those convicted of misprision of treason,
to be imposed; in mala prohibita, rebellion, sedition or espionage.
they are not; 4. Those convicted of piracy.
5. Habitual delinquents.
d. In mala in se, the degree of 6. Those who escaped from confinement or
participation of the offenders those who evaded sentence.
under Title Two of the Revised 7. Those granted with conditional pardon
and who violated the terms of the same.
Penal Code is taken into
8. Those whose maximum period of
consideration on the imposition imprisonment does not exceed one year.
of penalty; in mala prohibita, it is 9. Those already serving final judgment upon
not; the approval of this Act.
(a) promote the correction and rehabilitation What is the legal effect of probation?
of an offender by providing him with individualized -A conviction becomes final when the accused applies
treatment; b) provide an opportunity for the for probation.
reformation of a penitent offender which might be
less probable if he were to serve a prison sentence; REMINDERS ON DISQUALIFICATIONS:
and (c) prevent the commission of offenses. 1. Sentenced to serve more than 6 years
Exceptions:
a. Under violation of Section 11 of RA 9165,
CONSEQUENCE IF THE PROBATIONER VIOLATES ANY
accused FIRST-TIME OFFENDER may avail of
OF THE CONDITIONS OF PROBATION (SEC. 15)
suspended sentence. If there is a violation of
any conditions, the court shall pronounce
The court may order the arrest of the judgment of conviction. The court, however,
probationer, hold an informal summary hearing and may in its discretion:
may revoke his probation. In which case, he has to
serve the sentence originally imposed. place the accused on probation (even if the
sentence provided for under this Act is higher
-Who are disqualified to avail of the benefits of than that provided under existing law on
Probation? probation.
The essential elements of the violation of said R.A. No. 6425 does not prescribe a single
provision are as follows: punishment for illegal possession of shabu and
1. That the accused is a public officer; marijuana committed at the same time and in the
2. That he has a direct or indirect financial or same place. The prosecution would be correct in
pecuniary interest in any business, contract or
filing two separate Informations for the crimes of
transaction. He either:
a. intervenes or takes part in his official capacity in illegal possession of shabu and illegal possession of
connection with such interest; or marijuana.
b. is prohibited from having such interest by the
Constitution or by law. (Teves v. The Commission on a. The elements of the crime of illegal possession of
Elections, 587 SCRA 1, April 28, 2009) dangerous drugs are as follow:
A. Define Battered Woman Syndrome. It refers to a BP.22 COVERS CROSSED CHECK since it is a negotiable
scientifically defined pattern of psychological and instrument. It falls within the coverage of BP. 22.
behavioral symptoms found in women living in
battering relationships as a result of cumulative
The Supreme Court ruled that BP. 22 considers the
abuse.
mere act of issuing an unfunded check as an offense
not only against property but also against public order
B. What are the three phases of the Battered Woman
Syndrome? to stem the harm caused by these bouncing checks to
the community. (Mitra vs. People, July 05, 2010)
The three phases are the following: a) tension-building
phase b) acute battering incident c) tranquil and THE PRINCIPLE OF CONSPIRACY UNDER THE REVISED
loving phase. PENAL CODE IS APPLICABLE IN BP.22 WHICH IS A
SPECIAL LAW.
C. Would the defense prosper despite the absence of
any of the elements for justifying circumstances of A. WAYS BY WHICH VIOLATION OF BP. 22 ARE
self-defense under the Revised Penal Code? COMMITTED.
ELEMENTS OF THE SECOND PARAGRAPH OF SECTION In B.P. 22, the failure of the drawer to pay in
1 OF BP.22. full the payee or holder within 5 banking days after
receiving notice that the check has been rejected by
the drawee bank gives rise to presumption of
This way of violating B.P.22 suggests that at
knowledge of insufficiency of funds or credit.
the time the check was issued, the issuer had
sufficient funds in or credit with the drawee bank.
Fourth, in estafa, the check is issued in
However, the check was dishonored when presented
payment of a simultaneous obligation to defraud the
for payment within 90 days from its date for failure to
creditor.
maintain sufficient funds or credit to cover the
amount.
In B.P. 22, the check is issued in payment of a
pre-existing obligation.
The elements are as follows:
Fifth, in estafa, an endorser who is with
a) any person, makes or draws and issues a check;
knowledge that the check is worthless and had acted
with deceit is liable.
b) such person has sufficient funds in or credit with
the drawee bank;
In B.P. 22, the persons liable are the maker,
drawer and the issuer but not an endorser.
c) failure to keep sufficient funds or to maintain a
credit to cover the full amount of the check if
Lastly, since estafa is mala in se, good faith is
presented within a period of ninety (90) days from
a proper defense.
the date appearing thereon;
B.P. 22 is mala prohibitum, it is punished by
d) for which reason it is dishonored by the drawee
a special law and therefore, good faith is not a
bank.
defense.
e. Forgery of the signature appearing on the check The pursuit of this purpose clearly does not
(Ilusorio vs. Court of Appeals, 353 SCRA 89) foreclose the possibility of imprisonment for violations
of B.P. Blg. 22. Neither does it defeat the legislative (b) accused, who is not a principal or
intent behind the law. accomplice in the crime, buys, receives, possess,
keeps, acquires, conceals, or disposes or buys and
Thus, Administrative Circular No. 12-2000 sells or in any manner deals in any article, item object
establishes a rule of preference in the application of or anything of value, which has been derived from
the penal provisions of B.P. Blg. 22 such that where the proceeds of said crime;
the circumstances of both the offense and the offender
clearly indicate good faith or a clear mistake of fact (c) the accused knows or should have
without taint of negligence, the imposition of a fine known that said article, item, object or anything of
alone should be considered as the more appropriate value has been derived from the proceeds of the
penalty. crime of robbery or theft; and
It is, therefore, understood that: (d) there is, on the part of the accused,
intent to gain for himself or for another.
1. Administrative Circular 12-2000 does not
Illustrative Case:
remove imprisonment as an alternative penalty for
violations of B.P. Blg. 22; BAR Q. [2010]. Yes, she is liable provided the
prosecution can prove that Arlene knew or should
2. The Judges concerned may, in the exercise of have known that said item had been derived from the
sound discretion, and taking into consideration the proceeds of the crime of robbery or theft.
peculiar circumstances of each case, determine
whether the imposition of a fine alone would best DIFFERENTIATE A FENCE FROM AN ACCESSORY TO
serve the interests of justice or whether forbearing THEFT OR ROBBERY.
to impose imprisonment would depreciate the
a. A fence is punished as a principal under
seriousness of the offense, work violence on the
P.D. No 1612 and the penalty is higher, whereas an
social order, or otherwise be contrary to the
accessory to robbery or theft under the Revised Penal
imperatives of justice;
Code is punished two degrees lower than the principal
as a general rule.
3. Should only a fine be imposed and the accused
be unable to pay the fine, there is no legal obstacle b. Fencing is a malum prohibitum and
to the application of the Revised Penal Code therefore, there is no need to prove criminal intent of
provisions on subsidiary imprisonment. the accused. Good faith is not a defense. In accessory
to robbery or theft under the Revised Penal Code,
intent is an element of the crime and therefore, good
faith is a proper defense.
THE ANTI-FENCING LAW OF 1979
Presidential Decree No. 1612 c. All the acts of one who is an accessory to
the crimes of robbery or theft are included in the acts
defined as fencing. Corollarily, the accessory in the
[BAR 2010, 2009, 95, 1993, 1990, 1987, 1985] crimes of robbery or theft could be prosecuted as such
under the Revised Penal Code or as a fence under PD
WHAT IS THE CRIME OF "FENCING". (Sec. 2) No. 1612.
Section 2 of this Act defines fencing as: If the fence is a partnership, firm, corporation or
association, the president or the manager or any
It is the act of any person who, with officer thereof who knows or should have known the
intent to gain for himself or for another, shall buy, commission of the offense shall be liable.
receive, possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or in any other WHAT IS THE PRESUMPTION OF FENCING? (SEC. 5)
manner deal in any article, item, object or anything Mere possession of any good, article, item, object, or
of value which he knows, or should be known to anything of value which has been the subject of
him, to have been derived from the proceeds of the robbery or thievery shall be prima facie evidence of
crime of robbery or theft. fencing
In illegal possession of firearm and ammunition, the Loose firearm refers to an unregistered firearm, an
prosecution has the burden of proving the twin obliterated or altered firearm, firearm which has been
elements of: lost or stolen, illegally manufactured firearms,
registered firearms in the possession of an individual
(1) the existence of the subject firearm and
other than the licensee and those with revoked
ammunition, and
licenses in accordance with the rules and regulations.
(R.A. No. 10591)
(2) the fact that the accused who possessed or
owned the same does not have the
USE OF LOOSE FIREARM IN THE COMMISSION OF A
corresponding license for it. (Valeroso vs.
CRIME (Sec. 29 of R.A. No. 10591)
People, 546 SCRA 450, February 22, 2008)
The use of loose firearm, when inherent in the
Ownership is not an essential element of illegal
commission of a crime punishable under the Revised
possession of firearm. What the law requires is merely
Penal Code or other special laws, shall be considered
possession which includes not only physical
as an aggravating circumstance. Provided that:
possession but also constructive possession or the
subjection of the thing to ones control and -If the crime committed with the use of a loose
management. (People vs.De Gracia, 233 SCRA 716) firearm is penalized by the law with a maximum
penalty which is lower than that prescribed in Sec. 28
The kind of possession punishable under PD 1866 is
of R.A. No. 10591, the penalty for illegal possession of
one where the accused possessed a firearm either
firearm shall be imposed in lieu of the penalty for the
physically or constructively with animus possidendi or
crime charged.
intention to possess. (People vs. Dela Rosa, 90 SCAD
143) -If the crime committed with the use of loose firearm
is penalized by the law with a maximum penalty which
ASIDE FROM A FIREARM WITHOUT A LICENSE, WHAT is equal to that imposed under Sec. 28 of R.A. No.
DOES UNLICENSED FIREARM INCLUDE? 10591, the penalty of prision mayor in its minimum
period shall be imposed in addition to the penalty for
The term unlicensed firearm shall include: the crime punishable under the Revised Penal Code or
other special laws of which he/she is found guilty.
1) firearms with expired license; or
_____________________________________________
2) unauthorized use of licensed firearm in
the commission of the crime. ANTI- MONEY LAUNDERING ACT OF 2001
R.A. No. 9160 as amended by R.A. 9194, R.A. 10167,
Unlicensed firearm no longer simply means a firearm R.A. 10168 and R.A. 10365, also known as An Act
without a license duly issued by lawful authority. The Further Strengthening The Anti-Money Laundering
Law
scope of the term has been expanded in Section 5 of
Republic Act No. 8294 as: (1) firearm with expired
[BAR 2010, 2009, 2005]
license, or (2) unauthorized use of licensed firearm in
the commission of the crime. (People vs. Molina, 292 BAR Q. [2010] DEFINE MONEY LAUNDERING. (Sec. 4)
SCRA 742) It is a crime whereby the proceeds of an unlawful
activity as herein defined are transacted, thereby
It is settled that the lack or absence of a license is an making them appear to have originated from
essential ingredient of the crime of illegal possession legitimate sources.
of firearm. (Sasot vs. Yuson, 592 SCRA 368, July 13,
2009) AS AMENDED BY R.A. NO. 10365, WHAT ARE THE
WAYS OF COMMITTING MONEY LAUNDERING?
Section 4 of R.A. 10365 provides the ways by under par (b), it is stated that the prosecution of any
which money laundering is committed: offense or violation under this Act shall proceed
independently of any proceeding relating to the
Money laundering is committed by any unlawful activity.
person who, knowing that any monetary instrument
or property represents, involves, or relates to the AS AMENDED BY RA 10167, HOW IS THE FREEZE
proceeds of any unlawful activity: ORDER OF MONETARY INSTRUMENT OR PROPERTY
RELATED TO UNLAWFUL ACTIVITY MADE? (SEC. 10)
There must be a prior written notice to the No. The express provision of the law under Section 4 is
school authorities or head of organization seven (7) explicit in the inapplicability of the mitigating
days before the conduct of such initiation. circumstance of no intention to commit so grave a
wrong to a person charged under this provision.
The written notice shall indicate:
_____________________________________________
1. the period of the initiation
activities which shall not exceed HUMAN SECURITY ACT OF 2007
three ( 3) days, (THE ANTI-TERRORISM LAW) Republic Act No. 9372
2. shall include the names of those to _____________________________________________
be subjected to such activities, and
3. shall further contain an 1. UNDER SECTION 3 THE ELEMENTS OF THE CRIME OF
undertaking that no physical TERRORISM ARE AS FOLLOWS:
violence be employed by anybody
during such initiation rites. 1. First, any person who commits an act
punishable under any of the following provisions of
Under Section 3, when there is initiation rites: the Revised Penal Code:
The head of the school or organization or a. Article 122 (Piracy in General and Mutiny
their representatives must assign at least two (2) in the High Seas or in the Philippine Waters);
representatives of the school or organization, as the
case may be, to be present during the initiation. b. Article 134 (Rebellion or Insurrection);
It is the duty of such representative to see c. Article 134-a (Coup d' Etat), including acts
to it that no physical harm of any kind shall be committed by private persons;
inflicted upon a recruit, neophyte or applicant.
d. Article 248 (Murder);
THE OWNER OF THE PLACE IS LIABLE AS AN
ACCOMPLICE (Sec.4) b when he has actual knowledge
e. Article 267 (Kidnapping and Serious Illegal
of the hazing conducted therein but failed to take any
Detention);
action to prevent the same from occurring.
f. Article 324 (Crimes Involving Destruction),
Parents may be liable as principals if:
or under
From the definition of the crime of terrorism in the Yes, the acquittal of the accused shall be a
earlier cited Section 3 of RA 9372, the following bar to another prosecution for any offense or felony
elements may be culled: which is necessarily included in the offense charged.
(Sec.49)
(1) the offender commits an act punishable
under any of the cited provisions of the CAN AN INDIVIDUAL PERSON, ALTHOUGH
Revised Penal Code, or under any of the PHYSICALLY OUTSIDE THE TERRITORIAL LIMITS OF
enumerated special penal laws; THE PHILIPPINES BE HELD CRIMINALLY LIABLE FOR
ACTS OF TERRORISM?
(2) the commission of the predicate crime
sows and creates a condition of widespread Yes, the law has extra-territorial application.
and extraordinary fear and panic among the Section 58 constitute as an exception to the
populace; and territoriality rule. It provides:
(1) Psychological and physical abuse, neglect, cruelty, 4. The child, whether male or female, is below 18
sexual abuse and emotional maltreatment; years of age. People vs. Dulay, 681 SCRA 638(2012)
(2) Any act by deeds or words which debases, WHAT ARE THE ELEMENTS OF SEXUAL ABUSE DEFINED
degrades or demeans the intrinsic worth and dignity UNDER SECTION 5(B) OF THIS LAW?
of a child as a human being;
The Court in Navarete v. People, 513 SCRA 509 (2007)
(3) Unreasonable deprivation of his basic needs for held that sexual abuse under Section 5(b) has three
survival, such as food and shelter; or elements:
(4) Failure to immediately give medical treatment to (1) the accused commits an act of sexual
an injured child resulting in serious impairment of his intercourse or lascivious conduct; (2) the said act is
growth and development or in his permanent performed with a child exploited in prostitution or
incapacity or death. subjected to other sexual abuse; and (3) the child is
below 18 years old.
- It is inconsequential that the sexual abuse occurred
only once. -THE LAW USES THE TERM A CHILD SUBJECT TO
SEXUAL ABUSE. WHEN IS A CHILD DEEMED
-Child abuse includes physical abuse of the child, SUBJECTED TO OTHER SEXUAL ABUSE?
whether the same is habitual or not. (588 SCRA 747,
June 5, 200)9 1. A child is deemed subjected to other
sexual abuse when the child indulges in
DEFINE CHILD PROSTITUTION AND OTHER SEXUAL lascivious conduct under the coercion or
ABUSE. influence of any adult. R.A. 7610 covers
not only child prostitution but also other
Article III Section 5 defines Child Prostitution forms of sexual abuse. Olivarez vs. Court
and Other Sexual Abuse as: of Appeals, 465 SCRA 465(2005)
CAN RAPE INSTEAD BE COMPLEXED WITH A The law adopted the classification of persons
VIOLATION OF SECTION 5 (B) OF RA 7610? criminally liable under the Revised Penal Code, to wit:
principals, accomplices and accessories. BAR Q. [2011]
Rape cannot be complexed with a violation
of Section 5(b) of RA 7610. Under Section 48 of the CAN TORTURE AS A CRIME ABSORB OR BE ABSORBED
Revised Penal Code (on complex crimes), a felony BY ANY OTHER CRIME?
under the Revised Penal Code (such as rape) cannot
No. Torture should be treated as a separate
be complexed with an offense penalized by a special and independent crime under the law. (Sec.15)
law. (People v. Abay 580 SCRA 235, February 24,
2009). WHAT IS THE PENALTY IF ANY OF THE CRIMES
AGAINST PERSONS OR AGAINST PERSONAL LIBERTY
CAN AN ACCUSED BE CONVICTED OF ACTS OF AND SECURITY IF ATTENDED BY TORTURE AND
LASCIVIOUSNESS UNDER THE REVISED PENAL CODE SIMILAR ACTS?
INSTEAD OF VIOLATION OF SECTION 5 (B) OF R.A.
The penalty to be imposed shall be in its
7610?
maximum period.
Yes. The special circumstance that the child is
MAY A PERSON WHO IS FOUND TO HAVE
subjected to other sexual abuse is not an element in
COMMITTED THE CRIME OF TORTURE BE BENEFITED
the crime of acts of lasciviousness under Article 336 of FROM ANY SUBSEQUENT SPECIAL AMNESTY LAW?
the Revised Penal Code.
No. They are excluded from the coverage of (2) Against one whose education, training,
special amnesty law. (Sec. 16) apprenticeship or tutorship is entrusted to
the offender;
_______________________________________
(3) When the sexual favor is made a condition to
THE ANTI-SEXUAL HARASSMENT ACT OF 1995 the giving of a passing grade, or the granting
Republic Act No. 7877 of honors and scholarships, or the payment
of a stipend, allowance or other benefits,
privileges, or consideration; or
WHO MAY COMMIT SEXUAL HARASSMENT?
(4) When the sexual advances result in an
intimidating, hostile or offensive
It is committed by an employer, employee, environment for the student, trainee or
manager, supervisor, agent of the employer, teacher, apprentice (Sec.3).
instructor, professor, coach, trainor, or any other
person who, having authority, influence or moral
DIOSCORO F. BACSIN vs. EDUARDO O. WAHIMAN
ascendancy over another in a work or training or
G.R. No. 146053, April 30, 2008
education environment, demands, requests or
otherwise requires any sexual favor from the other,
Doctrine: It is not necessary that the demand,
regardless of whether the demand, request or
request, or requirement of a sexual favor be
requirement for submission is accepted by the object
articulated in a categorical oral or written statement.
of said act (Sec.3).
It may be discerned, with equal certitude, from the
acts of the offender.
WHO ELSE MAY BE LIABLE?
2TERESITA G. NARVASA vs. BENJAMIN A. SANCHEZ, JR.
Any person who directs or induces another G.R. No. 169449, March 26, 2010
to commit any act of sexual harassment as herein
defined, or who cooperates in the commission thereof Doctrine: Assuming arguendo that respondent never
by another without which it would not have been intended to violate RA 7877, his attempt to kiss
committed, shall also be held liable under this Act petitioner was a flagrant disregard of a customary
(Sec.3). rule that had existed since time immemorial that
intimate physical contact between individuals must be
HOW IS SEXUAL HARASSMENT COMMITTED IN A consensual. Respondents defiance of custom and lack
WORK-RELATED OR EMPLOYMENT ENVIRONMENT? of respect for the opposite sex were more appalling
because he was a married man. Respondents act
It is committed when: showed a low regard for women and disrespect for
petitioners honor and dignity.
(1) The sexual favor is made as a condition in
the hiring or in the employment, re-employment or SHARON S. ALEGRIA vs. JUDGE MANUEL N. DUQUE
continued employment of said individual, or in A.M. No. RTJ-06-2019, 04 April 2007
granting said individual favorable compensation,
terms of conditions, promotions, or privileges; or the Doctrine: Sexual harassment in the workplace is not
refusal to grant the sexual favor results in limiting, about a man taking advantage of a woman by reason
segregating or classifying the employee which in any of sexual desire it is about power being exercised by
way would discriminate, deprive ordiminish a superior over his women subordinates. That power
employment opportunities or otherwise adversely emanates from the fact that he can remove them if
affect said employee; they refuse his amorous advances.
HOW IS SEXUAL HARASSMENT COMMITTED IN AN The following are considered as qualified trafficking:
EDUCATION OR TRAINING ENVIRONMENT?
(a) When the trafficked person is a child;
It is committed:
(b) When the adoption is effected through
(1) Against one who is under the care, custody Republic Act No. 8043, otherwise known as the "Inter-
or supervision of the offender; 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;
BAR Q. [2012] When the adoption of a child is DEFINE THE CRIME OF PLUNDER. (Section 2)
effected under the Inter-Country Adoption Act for
the purpose of prostitution, what is the proper Section 12 of R.A. 7659 amended Section 2
charge against the offender who is a public officer in of R.A. 7080 to read as follows:
relation to the exploitative purpose?
"Sec.2. Definition of the Crime of Plunder -
a. acts that promote trafficking in Any public officer who, by himself or in connivance
persons; with members of his family, relatives by affinity or
b. trafficking in persons; consanguinity, business associates, subordinates or
c. qualified trafficking in persons; other persons, amasses, accumulates or acquires ill-
d. use of trafficked person. gotten wealth through a combination or series of
overt criminal acts as described in Section 1 (d)
(c) When the crime is committed by a syndicate, or in hereof in the aggregate amount or total value of at
least Fifty million pesos (P50,000,000.00) shall be
large scale.
guilty of the crime of plunder and shall be punished
by reclusion perpetua to death. Any person who
c.1 When is Trafficking deemed committed participated with the said public officer in the
by a syndicate? commission of an offense contributing to the crime of
plunder shall likewise be punished for such offense. In
If it carried out by a group of three (3) or the imposition of penalties, the degree of
more persons conspiring or confederating participation and the attendance of mitigating and
with one another. extenuating circumstances, as provided by the
Revised Penal Code, shall be considered by the
c.2 When is Trafficking deemed committed in court.
large scale?
STATE THE RULE OF EVIDENCE FOR PURPOSES OF
If it committed against three (3) or more ESTABLISHING THE CRIME OF PLUNDER.
persons, individually or as a group.
Section 4 of R.A. 7080 provides: For
(d) When the offender is an ascendant, parent, sibling, purposes of establishing the crime of plunder, it shall
guardian or a person who exercises authority over the not be necessary to prove each and every criminal act
trafficked person or when the offense is committed by done by the accused in furtherance of the scheme or
a public officer or employee; conspiracy to amass, accumulate or acquire ill-gotten
wealth, it being sufficient to establish beyond
(e) When the trafficked person is recruited to engage reasonable doubt a pattern of overt or criminal acts
in prostitution with any member of the military or law indicative of the overall unlawful scheme or
enforcement agencies; conspiracy. BAR Q. [2011]
THE ANTI-CHILD PORNOGRAPHY ACT OF 2009 (l) To possess any form of child pornography
Republic Act No. 9775 (Sec.4).
_______________________________________
BAR Q. [2011] Mr. P owns a boarding house where he
WHAT ARE THE UNLAWFUL OR PROHIBITED ACTS knowingly allowed children to be videotaped while
ENUMERATED UNDER THE LAW? simulating explicit sexual activities. What is Mr. P's
criminal liability, if any?
The following are the unlawful or prohibited
acts: A. Corruption of minors under the Penal Code
B. Violation of the Child Pornography Act
(a) To hire, employ, use, persuade, induce or C. Violation of the Child Abuse Law
coerce a child to perform in the creation or D. None
production of any form of child pornography; _____________________________________________
IS CONSENT TO RECORD OR TAKE PHOTO OR VIDEO WHAT IS A DIVERSION PROGRAM? BAR Q.[2009]
COVERAGE CONSTITUTES AS AN EXCEPTION TO THE
PROHIBITION UNDER PARAGRAPHS (B), (C) AND (D)?
It refers to the program that the child in
conflict with the law is required to undergo after
No. The prohibition shall apply he/she is found responsible for an offense without
notwithstanding that consent to record or take photo resorting to formal court proceedings.
or video coverage of the same was given by such
person/s. Any person who violates this provision shall
WHAT IS INTERVENTION? BAR Q.[2009]
be liable (Sec.4).
That suspension of sentence shall still be applied even SUGGESTED ANSWER: A person who is beyond the
if the juvenile is already eighteen years (18) of age or age of twenty-one (21) years cannot avail of the
more at the time of the pronouncement of his/her provisions of Sections 38 and 40 of R .A. 9344 on his
guilt.(Sec. 38) suspension of sentence.
WHEN MAY THE CHILD IN CONFLICT WITH THE LAW MAY THE CHILD IN CONFLICT OF THE LAW BE INSTEAD
BE RETURNED TO THE COURT? (Sec. 40) PLACED ON PROBATION AS AN ALTERNATIVE TO
IMPRISONMENT? (Sec.42)
The law expressly provides:
Yes. The court may, after it shall have
If the court finds that the objective of the convicted and sentenced a child in conflict with the
disposition measures imposed upon the child in law, and upon application at any time, place the child
conflict with the law have not been fulfilled, or if the on probation in lieu of service of his/her sentence
child in conflict with the law has willfully failed to taking into account the best interest of the child. For
comply with the conditions of his/her disposition or this purpose, Section 4 of Presidential Decree No. 968,
otherwise known as the "Probation Law of 1976", is a. A child fifteen (15) years of age or under at
hereby amended accordingly.
the time of the commission of the offense
Yes, R.A. 9344 is explicit: eighteen (18) years of age shall likewise be
exempt from criminal liability and be
Sec. 51. Confinement of Convicted Children subjected to an intervention program, unless
in Agricultural Camps and Other Training Facilities. - A
child in conflict with the law may, after conviction and he/she has acted with discernment, in which
upon order of the court, be made to serve his/her case, such child shall be subjected to the
sentence, in lieu of confinement in a regular penal
institution, in an agricultural camp and other training appropriate proceedings in accordance with
facilities that may be established, maintained, this Act.
supervised and controlled by the BUCOR, in
cooperation with the DSWD. c. The age of a child may be determined from
the childs birth certificate, baptismal
ARE THE BENEFITS UNDER THIS PROVISION
APPLICABLE WHEN THE MINOR HAD ALREADY certificate or any other pertinent documents.
REACHED 21 YEARS OF AGE OR OVER AT THE TIME OF In the absence of these documents, age may
HIS CONVICTION?
be based on information from the child
Yes. In PEOPLE vs. URBAN SALCEDO himself/herself, testimonies of other
ABDURAHMAN ISMAEL DIOLAGRA, G.R. No. 186523,
June 22, 2011,the Supreme Court reiterated , that if persons, the physical appearance of the child
indeed, an accused was under eighteen (18) years of and other relevant evidence. In case of doubt
age at the time of the commission of the crime, such
offenders, even if already over twenty-one (21) years as to the age of the child, it shall be resolved
old at the time of conviction, may still avail of the in his/her favor
benefits accorded by Section 51 of R.A. No. 9344.
d. Reduction of the criminal liability by virtue of
WHAT IS THE CONCEPT OF STATUS OFFENSES? RA 9344 does not extend to the civil liability.
(Sec. 57) Any conduct not considered an offense or The civil liability is not affected by the same.
not penalized if committed by an adult shall not be
considered an offense and shall not be punished if
committed by a child. e. If the court finds that the objective of the
disposition measures imposed upon the child
WHAT CRIMINAL OFFENSES ARE NOT APPLICABLE TO
MINORS? (Sec. 58) in conflict with the law have not been
fulfilled, or if the child in conflict with the law
Persons below eighteen (18) years of age
has willfully failed to comply with the
shall be exempt from prosecution for the following
crimes: conditions of his/her disposition or
rehabilitation program, the child in conflict
a) vagrancy and prostitution under Section
202 of the Revised Penal Code; with the law shall be brought before the
b) mendicancy under Presidential Decree court for execution of judgment.
No. 1563; and
c) sniffing of rugby under Presidential
Decree No. 1619, such prosecution being f. Once the child who is under eighteen (18)
inconsistent with the United Nations
Convention on the Rights of the Child: years of age at the time of the commission of
the offense is found guilty of the offense
Provided, that said persons shall undergo
charged, the court shall determine and
appropriate counseling and treatment program.
ascertain any civil liability which may have
SUMMARY OF SALIENT FEATURES: resulted from the offense committed.
However, instead of pronouncing the
judgment of conviction, the court shall place The law provides a higher penalty if the
following circumstances attended the commission of
the child in conflict with the law under
the crime,
suspended sentence, without need of
application. Provided, however, That a. In Piracy-
made to serve his/her sentence, in lieu of 1. If physical injuries or other crimes are committed
confinement in a regular penal institution, in during or on the occasion of the commission of
robbery or brigandage. 2. If kidnapping for ransom or
an agricultural camp and other training extortion, or murder or homicide, or rape is
facilities that may be established, committed as a result or on the occasion thereof.
A higher penalty is imposed if hijacking is BAR QUESTION [2012] What should be the proper
committed under any of the following circumstances: charge against an offender who unlawfully took and
carried away a motor vehicle belonging to another
1. Whenever he has fired upon the pilot, without the latter's consent, killing the driver in the
member of the crew or passenger of the
process?
aircraft; 2. Whenever he has exploded or
a. The proper charge against the offender If the offender knew that the victim was in
should be murder with the use of motor the house when it was set on fire, the crime
vehicle. committed, instead of arson, would be murder.
The fire constitutes as a qualifying circumstance.
b. The proper charge against the offender
should be qualified carnapping or 3. Suppose before setting the house on fire, the
carnapping in an aggravated form. (*The offender entered in and killed the victim, then he
driver was killed during the commission set it on fire to conceal the body of the latter,
of carnapping..A higher penalty is thus what crime was committed? BAR Q. [2012]
to be imposed).
If the offender killed the victim before the
c. The proper charge against the offender house was set on fire, two crimes are committed,
should be carnapping and homicide. murder and arson. The burning of the house to
hide the killing is a separate crime. Arson was
d. The proper charge against the offender committed to conceal the crime of murder.
should be robbery with homicide.
BAR QUESTION [2011] Dagami concealed Bugnas
_____________________________________________ body and the fact that he killed him by setting Bugnas
house on fire. What crime or crimes did Dagami
commit?
THE LAW ON ARSON AS AMENDED
Presidential Decree No. 1613
A. Murder, the arson being absorbed already
B. Separate crimes of murder and arson
C. Arson, the homicide being absorbed already
WHAT IS ARSON? D. Arson with murder as a compound crime
It is a crime committed by any person who - Under R.A. No. 9372, otherwise known as the Human
burns or sets fire to the property of another or when a Security Act of 2007, a person who commits an act
person sets fire to his own property under punishable under Art. 324 (Crimes Involving
circumstances which expose to danger the life or Destruction) and thereby sowing and creating
property of another. (Sec.1) condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the
The following are the special aggravating government to give in to an unlawful demand shall be
circumstances in Arson: (Sec.4) guilty of the crime of terrorism and shall suffer the
penalty of forty (40) years of imprisonment without
1. If committed with intent to gain; 2. If committed for the benefit of parole.
the benefit of another; 3. If the offender is motivated
by spite or hatred towards the owner or occupant of _____________________________________________
the property burned; 4. If committed by a syndicate.
THE ANTI-ALIAS LAW
-The offense is committed by a syndicate if it is Republic 4ct No. 6085
planned or carried out by a group of three (3) or more
persons. (Sec.4) [BAR 2006]
_____________________________________________
- If by reason of or on the occasion of the arson death The law provides that no persons shall use
results, a higher penalty shall be imposed. any name different from the one with which he was
registered at birth in the office of the local civil
- Mere conspiracy to commit arson is punishable. registry, or with which he was baptized for the first
time, or, in case of an alien, with which he was
- PRINCIPLES TO CONSIDER: registered in the bureau of immigration upon entry; or
such substitute name as may have been authorized by
1. Suppose the offender set the house of the victim a competent court. (Sec.1)
on fire by way of revenge against the latter. He
was not aware that the victim was inside and The use of alias is allowed as a pseudonym
consequently, the latter died because of the fire. solely for literary, cinema, television, radio or other
What crime was committed? entertainment purposes and in athletic events where
the use of pseudonym is a normally accepted practice.
The crime is mere arson. There is no (Sec.1) BAR Q.[2006]
complex crime of arson with homicide. The crime
of homicide is absorbed. The consequence, if by Any person desiring to use an alias shall
reason of or on the occasion of the arson death apply for authority in proceedings like those legally
results, is the imposition of a higher penalty. provided to obtain judicial authority for a change of
name, and no person shall be allowed to secure such
2. Suppose the offender knew that the victim was judicial authority for more than one alias. (sec.2)
inside the house before the house was set on
fire, what crime was committed?
_____________________________________________
OBSTRUCTION OF JUSTICE
Presidential Decree No. 1829 [BAR 2010, 2005]
_____________________________________________
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