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SPL DRAGONS NOTES

0. INTRODUCTION
I. SPECIAL LAWS AFFECTING LIABILITIES AND PENALTIES
1. Prohibition of Death Penalty
2. Indeterminate Sentence Law
3. Probation Law
4. Subsidiary Penalty
5. Preventive Imprisonment
6. Good Conduct Time Allownce and Other Allowances
7. Obstruction of Justice
8. Anti-Fencing
9. Juvenile Justice and Welfare Act
II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
10. Anti-Wire Tapping (Chui Reviewer)
11. Anti-Torture (Chui Reviewer)
12. Anti-Enforced or Involuntary Disappearance (wala)
13. Crimes Against International Humanitarian Law (wala)
III. CRIMES AGAINST PUBLIC ORDER, PUBLIC MORALS
14. Illegal Gambling
15. Dangerous Drugs
16. Firearms and Ammunitions
17. Arson
18. Access Device
V. CRIMES AGAINST PERSONS
19. Illegal Recruitment
20. Vagrancy
21. Hazing
22. Sexual Harassment
23. Voyeurism
24. Child Pornography
25. Trafficking
26. Violence Against Women and their Chidren
27. Child Abuse
VI. CRIMES AGAINST PROPERTY
28. Carnapping
29. Bank Secrecy
30. Money Laundering
31. Estafa
32. BP22
IX. CRIMES COMMITTED BY PUBLIC OFFICERS
33. Code of Conduct
34. Forfeiture
35. Government Procurement Act
36. Graft and Corrupt Practices Act
37. Plunder
X. CRIMES AGAINST NATIONAL SECURITY
38. Anti-Alias
39. Anti-Piracy and Anti-Highway Robbery
40. Anti-Hijacking
41. Data Privacy Act
42. Cybercrime
43. Human Security Act
0. INTRODUCTION

A. Rules of Construction
- All penal laws must be interpreted liberally in favor of the accused and strictly against the State.
- Presumption of innocence
- Apply beneficial laws retroactively.
• Unless the new law is expressly made inapplicable to pending actions or existing
causes of action.
• Unless the offender is a habitual criminal.
• Habitual delinquency – within a period of ten years from the date of his
release or last conviction of the crimes of serious or less serious physical
injuries, robbery, theft, estafa or falsification, he is found guilty of any of said
crimes a third time or oftener
• If the new law totally repeals an old law so that the act which was penalized in the old
law is no longer punishable, the crime is obliterated.
- In prosecutions:
• Burden is on prosecution to prove fact of crime and guilt of the accused beyond
reasonable doubt.
• If quantum of proof beyond reasonable doubt not met, entitled to acquittal even if
defense is weak or absent.
• When the evidence is equipoise (prosecution and defense are balanced), tilt in favor
of defense.
• Right of repose – once acquitted, cannot be charged again for the same crime.
- Public offenses cannot be waived, condoned, barred by estoppel, subject to compromise, etc.

B. Relationship between SPL and RPC, and applicable principles


- General rule: offenses which are or in the future may be punishable under special laws are not
subject to the provisions of the RPC (ie special law controlling).
- RPC shall be supplementary to such laws:
- When special laws use nomenclature of RPC penalties.
- Unless the special law should specially provide the contrary.
- Criminal intent
- Requisites of crimes punished by special laws:
1. Freedom
2. Intelligence
3. Intent
- Intent may be to commit crime or to perpetrate act
• If mala prohibita (wrong because prohibited by statute; public is harmed by the act
itself) – intent to perpetrate the act (even if there is no criminal intent)
• If mala in se (wrongful from their nature; public is harmed by the intention of the
actor) – committed with malice, with intent to cause injury to another
- Intent may be general (malice) or special (with a specific purpose in mind, eg intent to kill, intent to
gain)
- Principals, accomplices, and accessories
- Those liable as accomplice/accessory in RPC may be liable as principal in a special law.

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1. PROHIBITION OF DEATH PENALTY

Prohibition of Death Penalty (RA9346)


- Death penalty prohibited. All laws prescribing death penalty repealed.
- In lieu of death penalty:
a. If law makes use of RPC nomenclature – reclusion perpetua, without eligibility of parole
b. Other – life imprisonment

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2. INDETERMINATE SENTENCE LAW

Indeterminate Sentence Law (RA4103)


- In imposing a prison sentence, court shall sentence accused to an indeterminate sentence.
- For offense punished by RPC
• Maximum – that prescribed by law (taking into consideration modifying
circumstances)
• Minimum – within the range of the penalty next lower (of the maximum without the
modifying circumstances, unless privileged mitigating)
- For offense punished by any other law
• Maximum – will not exceed maximum fixed by said law
• Minimum – not less than minimum prescribed by said law
- Shall not apply to:
a. Convicted of offenses punished with death penalty or life-imprisonment
b. Convicted of treason, conspiracy or proposal to commit treason, misprision of
treason, rebellion, sedition or espionage, piracy
c. Habitual delinquents
d. Escaped from confinement or evaded sentence
e. Violated terms of conditional pardon
f. Maximum term of imprisonment does not exceed one year
g. Already sentenced by final judgment at the time of approval of this Act
- After reaching minimum, and it appears that prisoner is fitted for release and will not be incompatible
with welfare of society, may be released on parole. Must comply with conditions of parole. If complies
with conditions and shows himself to be a law-abiding citizen, may be entitled to final release. If
violates conditions of parole, can be re-arrested and shall serve remaining unexpired portion of
maximum sentence, unless Board of Indeterminate Sentence decides to grant new parole.
- Note: Arresto mayor + privileged mitigating = destierro. So indeterminate sentence will not apply!

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3. PROBATION LAW

Probation Law (PD968, PD1257)


- Probation – a disposition under which a defendant, after conviction and sentence, is released subject
to conditions imposed by the court and to the supervision of a probation officer.
- Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
- Process of applying for probation:
a. Application:
• Filed with the trial court.
• No application for probation shall be entertained or granted if the defendant has
perfected the appeal from the judgment of conviction. The filing of the application
shall be deemed a waver of the right to appeal. Exception – juveniles can apply
for probation at any time.
• An order granting or denying probation shall not be appealable.
b. Investigation by the probation officer and a determination by the court that the ends
of justice and the best interest of the public as well as that of the defendant will be
served thereby
• Pending resolution of the petition, the defendant may be allowed on temporary
liberty under his bail filed in the criminal case/release on recognizance
c. A probation order shall take effect upon its issuance
d. At any time during probation, the court may issue a warrant for the arrest of a
probationer for serious violation of any of the conditions of probation.
• The probationer, once arrested and detained, shall immediately be brought
before the court for a hearing, which may be informal and summary, of the
violation charged. If the violation is established, the court may revoke or continue
his probation and modify the conditions thereof. If revoked, the court shall order
the probationer to serve the sentence originally imposed.
e. After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final discharge of
the probationer upon finding that he has fulfilled the terms and conditions of his
probation and thereupon the case is deemed terminated.
• The final discharge of the probationer shall operate to restore to him all civil
rights lost or suspend as a result of his conviction and to fully discharge his
liability for any fine imposed as to the offense for which probation was granted.
- Probation shall be denied if the court finds that:
a. Commitment to institution more effective for the offender
b. There is undue risk that during the period of probation the offender will commit another
crime
c. Probation will depreciate the seriousness of the offense committed
- Disqualified offenders:
a. Sentenced to serve a maximum term of imprisonment of more than six years
• Distinguish maximum from total. If punished for several crimes, covered by law
so long as the maximum of each crime does not exceed 6 years.
b. Convicted of subversion or any crime against the national security or public order
c. Previously convicted of an offense punished by imprisonment at least 0-1-1 or fine at least
200
d. Who have been once on probation
e. Who are already serving sentence at the time this Decree became applicable
- Conditions for probation – probationer shall:
a. Present himself to the probation officer within seventy-two hours from receipt of order
b. Report to the probation officer at least once a month
c. The court may also require the probationer to cooperate with program of supervision, devote
himself to a specific employment, abstain from drinking, etc.
- Conditions may be modified during the period of probation, upon application of
either probationer or probation officer with court.

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- Probationer is under control of court who placed him on probation, subject to
actual supervision and visitation by probation officer. If probationer moves,
control over him transferred to executive judge of court in that place.
- Note: courts can designate practically any term it chooses as long as the
probationer's constitutional rights are not jeopardized. It should, however, be
borne in mind that the special or discretionary conditions of probation should
be realistic, purposive, and geared to help the probationer develop into a
law-abiding and self-respecting individual
- Period of probation:
- Imprisonment not more than 1 year – probation not more than 2 years
- All other cases of imprisonment – probation not more than 6 years
- Sentence is fine only, and offender made to serve subsidiary imprisonment – probation is twice
the total number of days of subsidiary imprisonment
- Note: probation is revocable before the final discharge of the probationer by the court. expiration
of the probation period alone does not automatically terminate probation.
- Notes:
- Probation is a privilege, not a right.
- Probation suspends sentence. Ie probationer not serving sentence while on probation.
Accessory penalties eg suspension from public office also suspended.

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4. SUBSIDIARY PENALTY

Subsidiary Penalty (RA10159)


- If the convict has no property with which to meet imposed fine, he shall be subject to a subsidiary
personal liability.
- Rate: 1 day = minimum wage (prevailing in the Philippines at the time of the rendition of judgment of
conviction).
- Subject to the following rules:
Principal Penalty Subsidiary Penalty
Higher than prision correcional No subsidiary imprisonment
Prision correcional/arresto and fine Shall not exceed 1/3 of term, and max 1 year
Fine only Max 6 months if grave or less grave felony
Max 15 days if light felony
Fixed duration, but no confinement in prison Penalty is continuance of principal penalty

- Notes:
- Judgement must sentence accused to suffer SI in case of insolvency. Otherwise, SI
cannot be imposed.
- SI applicable even if not provided for in special laws.
- Three-Fold Rule not applicable to subsidiary imprisonment.
- Subsidiary personal liability which the convict may have suffered by reason of his
insolvency shall not relieve him from the fine in case his financial circumstances
should improve.

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5. PREVENTIVE IMPRISONMENT

Preventive Imprisonment (RA10592)


- Offenders or accused who have undergone preventive imprisonment shall be credited in the service
of their sentence consisting of deprivation of liberty:
- Full time of preventive imprisonment
• If detainee agrees voluntarily in writing to abide by the same disciplinary
rules imposed upon convicted prisoners.
• All youthful offenders
- 4/5 of time of preventive imprisonment – if detainee does not agree
- Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted
from 30 years.
- Note: even when preventive imprisonment is under jurisdiction of military courts, etc.
- Except in the following cases:
1. Recidivists or those who have been convicted previously twice or more times of any
crime
• A recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same title of
the RPC.
2. Those who fail to surrender voluntarily upon being summoned for the execution of
sentence
- Whenever an accused has undergone preventive imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense charged to which he may be sentenced and his case
is not yet terminated, he shall be released immediately.
• Without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the
same is under review.
• If accused is absent without justifiable cause at any stage of trial, rearrest may be ordered.
• Computation of preventive imprisonment for purposes of immediate release shall be the
actual period of detention with good conduct time allowance.
• If maximum penalty is destierro, should be released after 30 days of preventive
imprisonment.

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6. GOOD CONDUCT TIME ALLOWNCE AND OTHER ALLOWANCES

Good Conduct Time Allowance and Other Allowances (RA10592)


- Criminal liability is extinguished partially for good conduct allowances which the culprit may earn while
he is undergoing preventive imprisonment or serving his sentence.
- Deductions for good conduct:
First 2 years of imprisonment 20 days/month
rd th
3 -5 year 23 days/month
th th
6 -10 year 25 days/month
th
11 -successive years 30 days/month

- Other allowances:
1. Additional deduction of 15 days for each month of study, teaching or mentoring service time
rendered.
2. Prisoners who, after evading preventive imprisonment or sentence under circumstances
mentioned in Art 158, give themselves up to authorities within 48 hours after issuance of
proclamatation announcing passing away of calamity or catastrophe – deduction of 1/5 of
period of sentence. In case prisoner never left place of confinment – deduction of 2/5 of
sentence.

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7. OBSTRUCTION OF JUSTICE

Obstruction of Justice (PD1829)


- Unlawful acts – anyone who knowingly or willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and prosecution of criminal cases by committing any
of the following acts:
1. Preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats
2. Altering, destroying, suppressing or concealing any paper, record, document, or object, with
intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any
investigation of or official proceedings in, criminal cases, or to be used in the investigation of,
or official proceedings in, criminal cases
3. Harboring or concealing, or facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing penal
laws in order to prevent his arrest prosecution and conviction
4. Publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or
the execution of a judgment, or concealing his true name and other personal circumstances
for the same purpose or purposes
5. Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a criminal offender
6. Threatening directly or indirectly another with the infliction of any wrong upon his person,
honor or property or that of any immediate member or members of his family in order to
prevent such person from appearing in the investigation of, or official proceedings in, criminal
cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from
appearing in the investigation of or in official proceedings in, criminal cases
7. Delaying the prosecution of criminal cases by obstructing the service of process or court
orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts
8. Making, presenting or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in, criminal cases
9. Giving of false or fabricated information to mislead or prevent the law enforcement agencies
from apprehending the offender or from protecting the life or property of the victim
10. Fabricating information from the data gathered in confidence by investigating authorities for
purposes of background information and not for publication and publishing or disseminating
the same to mislead the investigator or to the court.
- If any of the acts mentioned is penalized by any other law with a higher penalty, the higher penalty
shall be imposed.

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8. ANTI-FENCING

Fencing (PD1612)
- Elements of fencing:
1. Robbery or theft has been committed
2. The accused, who is not a principal or accomplice in the commission of robbery or theft,
buys, receives, possesses, keeps, acquires, conceals, sells, or disposes or buys & sells, or in
any manner deals in any article which has been derived from the proceeds of the said crime
3. The accused knows or should know that the said article has been derived from the proceeds
of the crime of robbery or theft
4. Intent to gain
- Who are punished:
- Those who fence.
- Persons who fail to secure clearance or permit as required.
• Duty to procure clearance or permit – stores selling second hand goods from
unlicensed dealers need to secure police clearance.
• Goods acquired from any source for which receipt or equivalent document evidencing
the legality of its acquisition is absent, fake, falsified, or irregularly obtained shall be
presumed as having been acquired from an unlicensed dealer or supplier.
- Presumption of Fencing – mere possession of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

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9. JUVENILE JUSTICE AND WELFARE ACT

Juvenile Justice and Welfare Act (RA9344; RA10630)


- Policy
- Protect the best interests of the child.
- The State shall apply the principles of restorative justice in all its laws, policies and programs
applicable to children in conflict with the law.
- In case of doubt, the interpretation of any of the provisions of this Act shall be construed
liberally in favor of the child in conflict with the law.
- Definition of terms:
- Child – person under the age of eighteen (18) years. Child enjoys presumption of minority. In
case of doubt as to the age of the child, it shall be resolved in his/her favor.
- 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:
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
c. Being abandoned or neglected, and after diligent search and inquiry, the parent or
guardian cannot be found
d. Coming from a dysfunctional or broken family or without a parent or guardian
e. Being out of school
f. Being a streetchild
g. Being a member of a gang
h. Living in a community with a high level of criminality or drug abuse
i. Living in situations of armed conflict
- Child in Conflict with the Law – child who is alleged as, accused of, or adjudged as, having committed
an offense under Philippine laws.
- Criminal responsibility:
- 15 or under at the time of the commission of the offense – exempt from criminal liability
• However, the child shall be subjected to an intervention program.
th
• A child is deemed to be 15 years of age on the day of the 15 anniversary of his/her
birthdate.
• Authority which will have an initial contact with the child has the duty to immediately
release the child to the custody of his parents/guardian/nearest relative/barangay etc
(in that order). Subjected to intervention program or referred to youth care facility.
(Note: also applicable if above 15 to below 18 but acting without discernment.)
• If commited parricide, murder, infanticide, kidnapping, and serious illegal detention
where the victim is killed or raped, robbery, with homicide or rape, destructive arson,
rape, or carnapping where the driver or occupant is killed or raped or offenses under
CDDA punishable by more than 12 years, shall be deemed a neglected child and
mandatorily placed in youth care faculty. (DSWD must first file petition for involuntary
commitment with court.)
• If commits an offense for the second time or oftener after already undergoing
intervention program, neglected child and shall undergo an intensive intervention
program. If the best interest of the child requires it, may also be placed in a youth
care facility. If not voluntarily committed, petition for involuntary commitment.
• The exemption from criminal liability herein established does not include exemption
from civil liability.
- Above 15 years but below 18 years of age – exempt from criminal liability unless he/she has
acted with discernment
• The information must allege that the child acted with discernment.
• Proceed with diversion program.
- Status Offenses – 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.

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• Includes light offenses and misdemeanors against public order or safety such as disorderly conduct,
public scandal, harassment, drunkenness, public intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination, and trespassing
• Shall instead be brought to their residence or to any barangay official at the barangay hall to be
released to the custody of their parents. Appropriate intervention programs.
- Children shall be exempt from prosecution for the crime of vagrancy and prostitution, mendicancy,
and sniffing of rugby.
• Undergo appropriate counseling and treatment program instead.
- Diversion programs:
- Diversion given:
a. Victimless crimes where imposable penalty is max 6 years – local SWD to meet with
child and paretns to develop appropriate diversion and rehabilitation program
b. Imposable penalty is max 6 years – mediation, family conferencing, and conciliation
- Case must be filed:
• Child, parent, or guardian does not agree to diversion above.
• When 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.
• Imposable penalty exceeds 6 years
• If max 12 years or fine only, diversion measures may still be resorted to by
the court.
• Failure to comply with the terms and conditions of the contract of diversion shall give
the offended party the option to institute the appropriate legal action.
- Court proceedings – pending case, child to be released on bail/recognizance or placed in a youth
detention center. Not in prison.
- Automatic suspension of sentence
- Instead of pronouncing the judgment of conviction, the court shall place the child in conflict
with the law under suspended sentence, without need of application. (Even if already 18 at
time of conviction.)
- Court shall impose appropriate disposition measures.
- If disposition measures fulfilled, child shall be discharged.
- If disposition measures not fulfilled, shall be brought before court for execution of judgement.
If said child has reached 18 while under suspended sentence, the court shall determine
whether to discharge the child, to order execution of sentence, or to extend the suspended
sentence for a certain specified period or until the child reaches the maximum age of 21.
- Notes:
- A person who has been in conflict with the law as a child shall not be held under any
provision of law, to be guilty of perjury or of concealment or misrepresentation by reason of
his/her failure to acknowledge the case or recite any fact related thereto in response to any
inquiry made to him/her for any purpose.
- Maximum penalty to persons who, in the commission of a crime, makes use, takes
advantage of, or profits from the use of children.

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10. ANTI-WIRE TAPPING (Chui Reviewer)

Acts prohibited
R.A. 4200 prohibits any person, not being authorized by all the parties to any private communication or
spoken word:
a. to tap any wire, or cable, using any other device or arrangement, to secretly overhear, intercept or
record such communication or spoken word by using a device commonly known as a dictaphone,
dictagraph, detectaphone, walkie-talkie, tape recorder, or however otherwise described,5
b. to knowingly possess any tape record, wire record, disc record, or any other such record,6
c. to replay the same for any other person or persons,7 or
d. to communicate the contents thereof, whether complete or partial, to any other person.8
The recording of private conversations without the consent of the parties contravenes the provisions of
Rep. Act No. 4200, otherwise known as the Anti-Wire Tapping Law, and renders the same inadmissible in
evidence in any proceeding. The law covers even those recorded by persons privy to the private
communications.9

Purpose
The purpose of the law is to protect a person’s right to privacy over the communications made by him to
another person. However, this can be subject to a limitation when the communication involved is a matter
of important public concern. The airing of the Garci Tapes does not violate the right to privacy because the
content of the Garci Tapes is a matter of important public concern—the Constitution guarantees the
people’s right to information on matters of public concern.10
The statute’s intent to penalize all persons unauthorized to make such recording underscored by the use
of the qualifier ―any.ǁ Consequently, even a person privy to a communication who records his private
conversation with another without the knowledge of the latter qualifies as a violator of R.A. 4200.11

Penalty
A person who is found guilty of the abovementioned acts shall be punished by imprisonment of not less
than six (6) months but not more than six (6) years, which may also carry with it the accessory penalty of
absolute perpetual disqualification from public office should the offender be a public official at the time of
the commission of the offense. Should the offender be an alien, he shall immediately be subject to
deportation proceedings.

Inadmissibility of evidence
Any communication or spoken word, or the existence, contents, substance, purport, effect, or meaning f
the same or any part thereof, or any information therein contained obtained or secured by any person in
violation of the law shall not be admissible in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.

Wire-tapping, when valid


Where a peace officer, under the authority of a written order of the Court, commits such acts otherwise
declared unlawful by R.A. 4200 in cases involving:
a. Treason;
b. Espionage;
c. Provoking war and disloyalty in case of war;
d. Piracy;
e. Mutiny in the high seas;
f. Rebellion;
g. Conspiracy and proposal to commit rebellion;
h. Inciting to rebellion;
i. Sedition;
j. Conspiracy to commit sedition;
k. Inciting to sedition;
l. Kidnapping as defined by the Revised Penal Code; and
m. Violations of Commonwealth Act No. 616 (punishing espionage and other crimes against national
security.

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Such officer shall not be considered violating the law provided that such written order was issued and
granted upon written application and examination under oath or affirmation of the applicant and the
witnesses that he may produce showing reasonable grounds to believe that the abovementioned crimes
has been committed, being committed, or about to be committed.
There should also be belief that evidence that will be acquired will be essential for conviction, and that there
are no other means readily available to obtain such evidence.
In cases of rebellion, conspiracy and proposal to omit rebellion, inciting to rebellion, sedition, conspiracy to
commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a rebellion
or acts of sedition have actually been or are being committed (i.e., not about to be committed).

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11. ANTI-TORTURE (Chui Reviewer)

Definition
• TORTURE refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him or a third person
information or a confession; punishing him for an act he or a third person has committed or is
suspected of having committed; or intimidating or coercing him or a third person; or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation
of or with the consent or acquiescence of a person in authority.
• Offenders are mainly a person in authority or agents of such persons, though private persons can
be liable also as principal by conspiracy as direct participator, inducer, or indispensable cooperator
(usually superior military, police, law enforcement officer or immediate commanding officer of
AFP/PNP).
• Accomplices are punished as principals, based on Section 13 which states that any person ―who
cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment
or punishment by previous or simultaneous acts shall be liable as principal.ǁ

Kinds Of Torture
• Physical torture o Involves treatment or punishment inflicted by a person in authority or his agent
upon another in his custody causing severe pain, exhaustion, disability or dysfunction of one or
more parts of the body
• Mental/ psychological torture o Involves treatment or punishment which affects or confuses the
mind and/or undermines one’s dignity and morale
• Other cruel, inhuman and degrading treatment or punishment
o Refers to deliberate and aggravated treatement or punishment other than acts of torture
against a person under his custody at a level of severity causing suggering, gross
humiliation, or debasement to the victim (assessment of severity depends on all
circumstances)

Relationship With RPC And Other Laws


• The Revised Penal Code is suppletory to RA 9475 (Section 22).
• Torture as a crime shall not absorb or shall be absorbed by any other crime or felony committed as
a consequence, or as a means in the conduct or commision thereof. In which case, it shall be
treated as a separate and independent criminal act whose penalties shall be imposable without
prejudice to any other criminal liability provided for by domestic and international laws.
• No person shall be expelled, returned, or extradited to another State where there are substantial
grounds to believe that such person shall be in danger of being subjected to torture (Refouler rule
under Section 17)

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12. ANTI-ENFORCED OR INVOLUNTARY DISAPPEARANCE

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13. CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW

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14. ILLEGAL GAMBLING

Illegal Gambling (PD1602, RA9287)


- Elements for consummation of gambling:
1. Offender directly or indirectly takes part in any scheme, whether based on chance or skill
2. Money or other articles of value or representative of value is at stake
3. Gambling is not authorized by law
- Elements for consummation of lottery:
1. Consideration
• El Debate: a civil case, definition of lottery interpreted liberally.
• Olsen: criminal case, definition of lottery interpeted strictly in favor of accused. No lottery
when there is full value of money.
2. Chance
3. Prize or value which is in the nature of a prize
- Qualifying – offender is a government official
- Who are liable:
1. Those who directly or indirectly take part in gambling
2. Those who knowingly permit illegal gambling to be carried on in an inhabited or uninhabited
place or in any building/vessel owned and controlled by him
3. Maintainer or conductor of the above gambling schemes
4. Barangay officials who, with knowledge of the existence of a gambling house in his
jurisdiction fails to abate the same or take action in connection therewith
5. Security officers of places which have the reputation of a gambling place or where gambling
activities are being held
- Other acts of illegal gambling punishable
1. Importing lottery tickets or advertisements
2. Selling/distributing the same with or without connivance with importer
3. Possessing the same, knowingly and with intent to use
4. Betting on horse races during the periods not allowed by law
5. Maintaining or employing a totalizer or other device or scheme for betting on races or
realizing profit therefrom during the periods not allowed by law
6. Illegal cockfighting
- Notes:
- But doesn’t even need to be played for money.

18
15. DANGEROUS DRUGS

Dangerous Drugs (RA9165, RA10640)


- Significant features of RA9165
- “Dangerous drugs, controlled precursors, and essential chemicals” (DCE) vs.
“regulated/prohibited drugs”
- RPC provisions inapplicable, except in the case of minor offenders
• In some cases, attempt or conspiracy to commit certain acts penalized by same
penalty prescribed for commission of the same (1, 2, 3, 5, 13)
• A positive finding of use of dangerous drugs is a qualifying aggravating circumstance
in the commission of any crime
- Policy – users and possessors of illegal drugs are considered victims, while drug traffickers
and pushers are predators
• Drug dependent can avail of voluntary submission to confinement, treatment, and
rehabilitation and shall be exempt from criminal liability.
• Convicted drug pusher or drug trafficker cannot avail of probation law
• Plea bargaining not allowed
- Also liable: any person who organizes, manages, or acts as a financier; protector/coddler of
any violator; officers of partnerships, corporations, associations, or other juridical entities;
evidence planters
- Punishable acts
1. Importation of DCE
• Qualifying: use of diplomatic passport, facilities, or other means involving official
status
2. Sale, trading, administrations, dispensation, delivery, distribution, and transportation of DCE
• Qualifying: transpires within 100m from a school; use of minors or mentally
incapacitated individuals; victim is minor, mentally incapacitated individual, or dies as
result of DCE
• ___ theory – Offender caught pushing. Ordinarily, won’t be punished for possession.
But if 3 or more sachets of shabu or meth found, would be liable for both possession
and sale.
3. Maintenance of a dangerous drug den, dive, or resort
• Qualifying: victim is minor or dies as result of DCE while using in such a place
4. Being employees or visitors of a dangerous drug den, dive, or resort
5. Manufacture of DCE
• Qualifying: conducted in the presence or with the help of minors; established or
undertaken within 100m of a residential, business, church, or school premises;
secured or protected with booby traps; concealed with legitimate business
operations; employment of a practitioner, chemical engineer, public official, or
foreigner
6. Illegal chemical diversion of CE
• Chemical diversion – sale, distribution, supply or transport of legitimately imported or
procured CE to any person or entity engaged in the manufacture of any dangerous
drug
• New act punished by 9165
7. Manufacture, delivery, or possession of with intent to deliver equipment, instrument,
apparatus and other paraphernalia for DCE
• Knowing or under circumstances where one should reasonable know that it will be
used to plant, propagate, etc DCE.
• Qualifying: if it will be used to inject, ingest, inhale or otherwise introduce into the
human body a dangerous drug; use of minor or mentally incapacitated person
8. Possession of D
• Must be (a) unauthorized, (b) either actual or constructive, (c) irrespective of its
quantity, (d) with intent to possess
• Doctrine of constructive possession

19
• What is punished is present possession (if proof of past possession, not punishable)
• If on board vessel, punishable when its destination is a Philippine port. If merely in
transit, not punishable.
9. Possession of equipment, instrument, apparatus, and other paraphernalia for D
10. Possession of dangerous drugs during parties, social gatherings, or meetings
11. Possession of equipment, instrument, apparatus, and other paraphernalia for D during
parties, social gatherings, or meetings
12. Use of D
• If caught using and possessing, will be punished for possession.
13. Cultivation or culture of plants classified as D or are sources thereof
• Qualifying: if the land involved is part of the public domain
14. Failure to maintain and keep original records of transactions on DCE
15. Unnecessary prescription of D
16. Unlawful prescription of D
- Chain of custody:
• The PDEA shall take charge and have custody of all dangerous drugs etc.
• 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.
1. Apprehending team having initial custody to conduct physcial inventory and photograph
immediately.
2. Within 24 hours upon confiscation, submitted to the PDEA Forensic Laboratory for a
qualitative and quantitative examination.
3. PDEA issues certficiation of examination results as soon as possible.
4. After the filing of the criminal case, the Court to conduct ocular inspection within 72 hours.
PDEA shall proceed with destruction or burning of the same, except shall retain minimum
quantity of representative sample, duly weighed and recorded.
5. The Board shall then issue a sworn certification as to the fact of destruction or burning which,
together with the representative sample, shall be submitted to the court having jurisdiction
over the case.
6. After case, destroy representative sample.
• Noncompliance of these requirements under (a) justifiable grounds, as long as (b) the
integrity and the evidentiary value of the seized items are properly preserved by the
apprehending ofcer/team, shall not render void and invalid such seizures and custody over
said items.

20
16. FIREARMS AND AMMUNITIONS

Firearms and Ammunitions (PD1866, RA8294, RA10591)


I. Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any firearm,
part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the
manufacture of any firearm or ammunition.
- If homicide or murder is committed with the use of an unlicensed firearm, such should be
considered an aggravating circumstance.
- If violation is in furtherance of or incident to, or in connection with the crime of rebellion or
insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an
element of the crime of rebellion, or insurrection, sedition, or attempted coup d'etat.
- If results in death of a person, use of explosives shall be considered as an aggravating
circumstance.
- The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be
imposed upon the owner, president, manager, director or other responsible officer of any
public or private firm, company, corporation or entity, who shall willfully or knowingly allow
any of the firearms owned by such firm, company, corporation or entity to be used by any
person or persons found guilty of violating the provisions of the preceding paragraphs.
- The possession of any machinery, tool or instrument used directly in the manufacture of
firearms or ammunition or explosives, by any person whose business or employment does
not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie
evidence that such article is intended to be used in the unlawful/illegal manufacture of
firearms or ammunition or explosives.
II. Any person who shall carry any licensed firearm outside his residence without legal authority
therefor
III. Any person who shall unlawfully tamper, change, deface or erase the serial number of any
firearm.
IV. Any person who shall unlawfully repack, alter or modify the composition of any lawfully
manufactured explosives
V. Any person, civilian or military, who shall issue authority to carry firearm and/or ammunition
outside of residence, without authority therefor

The term unlicensed firearm shall include: (a) firearms with expired license or (b) unauthorized use of
licensed firearm in the commission of the crime.
Carrying of Firearms Outside of Residence or Place of Business
A permit to carry firearms outside of residence shall be issued by the Chief of the PNP or his/her duly
authorized representative to any qualified person whose life is under actual threat or his/her life is in
imminent danger due to the nature of his/her profession, occupation or business. It shall be the burden of
the applicant to prove that his/her life is under actual threat by submitting a threat assessment certificate
from the PNP.

Professionals considered to be in Imminent Danger


The following professionals are considered to be in imminent danger due to the nature of their profession,
occupation or business:
I. Members of the Philippine Bar
II. Certified Public Accountants
III. Accredited Media Practitioners
IV. Cashiers, Bank Tellers
V. Priests, Ministers, Rabbi, Imams
VI. Physicians and Nurses
VII. Engineers
VIII. Businessmen, who by the nature of their business or undertaking, are exposed to high risk of
being targets of criminal elements.

Standards and Requisites for Issuance of and Obtaining a License to Own and Possess Firearms

21
In order to qualify and acquire a license to own and possess a firearm or firearms and ammunition, the
applicant must be a Filipino citizen, at least twenty-one (21) years old and has gainful work, occupation or
business or has filed an Income Tax Return (ITR) for the preceding year as proof of income, profession,
business or occupation. In addition, the applicant shall submit the following certification issued by
appropriate authorities attesting the following:
I. The applicant has not been convicted of any crime involving moral turpitude
II. The applicant has passed the psychiatric test administered by a PNP-accredited psychologist
or psychiatrist;
III. The applicant has passed the drug test conducted by an accredited and authorized drug testing
laboratory or clinic;
IV. The applicant has passed a gun safety seminar which is administered by the PNP or a
registered and authorized gun club;
V. The applicant has filed in writing the application to possess a registered firearm which shall
state the personal circumstances of the applicant;
VI. The applicant must present a police clearance from the city or municipality police office; and -
The applicant has not been convicted or is currently an accused in a pending criminal case
before any court of law for a crime that is punishable with a penalty of more than two (2) years
An acquittal or permanent dismissal of a criminal case before the courts of law shall qualify the accused
thereof to qualify and acquire a license.
Grounds for Revocation, Cancellation or Suspension of License or Permit
The Chief of the PNP or his/her authorized representative may revoke, cancel or suspend a license or
permit on the following grounds:
I. Commission of a crime or offense involving the firearm, ammunition, of major parts thereof
II. Conviction of a crime involving moral turpitude or any offense where the penalty carries an
imprisonment of more than six (6) years
III. Loss of the firearm, ammunition, or any parts thereof through negligence
IV. Carrying of the firearm, ammunition, or major parts thereof outside of residence or workplace
without, the proper permit to carry the same
V. Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
VI. Dismissal for cause from the service in case of government official and employee;
VII. Commission of any of the acts penalized under Republic Act No. 9165, otherwise known as
the “Comprehensive Dangerous Drugs Act of 2002”
VIII. Submission of falsified documents or misrepresentation in the application to obtain a license or
permit;
IX. Noncompliance of reportorial requirements;
X. By virtue of a court order.

17. ARSON

22
PD 1613 – Amending the law on arson

Three kinds of arson:


1. Arson (prision mayor)
a. Any person who burns or
b. Sets fire to the property of another
2. Destructive arson (reclusion temporal in maximum to reclusion perpetua)
a. Any ammunition factory and other establishment where explosives, inflammable or
combustible materials are stored.
b. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.
c. Any church or place of worship or other building where people usually assemble.
d. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation
of persons or property
e. Any building where evidence is kept for use in any legislative, judicial, administrative or
other official proceedings.
f. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public
or private market, theater or movie house or any similar place or building.
g. Any building, whether used as a dwelling or not, situated in a populated or congested
area.
3. Other cases of arson (reclusion temporal to perpetua)
a. Any building used as offices of the government or any of its agencies;
b. Any inhabited house or dwelling;
c. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
d. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or
forest;
e. Any rice mill, sugar mill, cane mill or mill central; and
f. Any railway or bus station, airport, wharf or warehouse.

Special aggravating circumstances (to be imposed in maximum period):


1. If committed with intent to gain;
2. If committed for 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 – planned or carried out by a group of three (3) or more persons

Prima Facie evidence of Arson:


1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building note
necessary in the business of the offender nor for household us.
3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials
soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the
ruins or premises of the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time of the
issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred
in the same or other premises owned or under the control of the offender and/or insured.
6. If shortly before the fire, a substantial portion of the effects insured and stored in a building or
property had been withdrawn from the premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made before the fire in exchange for
the desistance of the offender or for the safety of the person or property of the victim.

Additional crime
n Conspiracy to commit arson – prision mayor in its minimum

23
Confiscation of the object of the crime
n Building burnt be confiscated and escheated to the state
EGR: Owner, with due diligence, has no participation or knowledge of the crime.

Case doctrine
n Courts will most likely convict a person of simple arson (lesser penalty) than destructive arson
which is caused by perversity and viciousness. There should be no reckless disregard for human
lives.
n The corpus delicti rule is generally satisfied by proof of the bare occurrence of the fire and of its
having been intentionally caused, and the uncorroborated testimony of a single eyewitness, if
credible, may be enough… Even if the whole house has not been completely gutted by the fire,
the crime is still consummated arson. It is enough that a portion thereof is shown to have been
destroyed. (People v. Gutierrez)
n The RPC provision regarding burning property less than P 25 as Malicious Mischief is expressly
repealed by PD 1613.
n If a person impelled by a single criminal impulse, burned several buildings, the crime is not
distinct arsons but one crime of destructive arson akin to a continued crime.
n Failure to allege the fact that the house was inhabited, or was located in a populated or
congested area in the information, should be deemed to have been charged with arson only,
instead of the more appropriate destructive arson or other cases of arson.

18. ACCESS DEVICE

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Law:
RA 8484: “Access Devices Regulation Act of 1998”

Policy:
Due to recent technological advances and the widespread use of access devices in commercial
transactions, the State aims to protect the rights of commercial parties by regulating the issuance and use
of such devices.

Important Terms:
1) Access Device – means any card, plate, code, account number, electronic serial number, personal
identification number, or other telecommunications service, equipment, or instrumental identifier, or other
means of account access that can be used to obtain money, good, services, or any other thing of value or
to initiate a transfer of funds.

Regulation:
Credit Card companies need to disclose fees (annual percentage fees, cash advance fee, over-the-limit
fee, etc.) and computations to be paid by credit card applicants. Failure to disclose such information
would be basis for suspension of the company.

Prohibited Acts:
(a) producing, using, trafficking in one or more counterfeit access devices;
(b) trafficking in one or more unauthorized access devices or access devices fraudulently applied for;
(c) using, with intent to defraud, an unauthorized access device;
(d) using an access device fraudulently applied for;
(e) possessing 1 or more counterfeit access devices or access devices fraudulently applied for;
(f) producing, trafficking in, having control or custody of, or possessing device-making or altering
equipment without being in the business or employment, which lawfully deals with the manufacture,
issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise to
produce, use, traffic in counterfeit access devices, unauthorized access devices or access devices
fraudulently applied for;
(h) multiple imprinting on more than one transaction record, sales slip or similar document, thereby
making it appear that the device holder has entered into a transaction other than those which said device
holder had lawfully contracted for, or submitting, without being an affiliated merchant, an order to collect
from the issuer of the access device, such extra sales slip through an affiliated merchant who connives
therewith, or, under false pretenses of being an affiliated merchant, present for collection such sales slips,
and similar documents;
(i) disclosing any information imprinted on the access device, such as, but not limited to, the account
number or name or address of the device holder, without the latter's authority or permission;
(j) obtaining money or anything of value through the use of an access device, with intent to defraud or
with intent to gain and fleeing thereafter;
(k) having in one's possession, without authority from the owner of the access device or the access
device company, an access device, or any material, such as slips, carbon paper, or any other medium, on
which the access device is written, printed, embossed, or otherwise indicated;
(l) writing or causing to be written on sales slips, approval numbers from the issuer of the access device
of the fact of approval, where in fact no such approval was given, or where, if given, what is written is
deliberately different from the approval actually given;
(m) making any alteration, without the access device holder's authority, of any amount or other
information written on the sales slip;
(n) effecting transaction, with one or more access devices issued to another person or persons, to receive
payment or any other thing of value;
(o) without the authorization of the issuer of the access device, soliciting a person for the purpose of:
1) offering an access device; or
2) selling information regarding or an application to obtain an access device; or

25
(p) without the authorization of the credit card system member or its agent, causing or arranging for
another person to present to the member or its agent, for payment, one or more evidence or records of
transactions made by credit card.

Presumption and prima facie evidence of intent to defraud. – The mere possession, control or custody of:
(a) an access device, without permission of the owner or without any lawful authority;
(b) a counterfeit access device;
(c) access device fraudulently applied for;
(d) any device-making or altering equipment by any person whose business or employment does not
lawfully deal with the manufacture, issuance, or distribution of access device;
(e) an access device or medium on which an access device is written, not in the ordinary course of the
possessor's trade or business; or
(f) a genuine access device, not in the name of the possessor, or not in the ordinary course of the
possessor's trade or business, shall be prima facie evidence that such device or equipment is intended to
be used to defraud.
(g) A cardholder who abandons or surreptitiously leaves the place of employment, business or residence
stated in his application or credit card, without informing the credit card company of the place where he
could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and
unpaid balance is past due for at least ninety (90) days and is more than Ten thousand pesos
(P10,000.00), shall be prima facie presumed to have used his credit card with intent to defraud.

Loss of access devices: In case of loss of an access device, the holder thereof must notify the issuer of
the access device of the details and circumstances of such loss upon knowledge of the loss. Full
compliance with such procedure would absolve the access device holder of any financial liability from
fraudulent use of the access device from the time the loss or theft is reported to the issuer.

Case Doctrine:
The SC notes that prosecution under the RA 8484 shall be without prejudice to any liability for violation of
any provisions of the Revised Penal Code.

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19. ILLEGAL RECRUITMENT

RA 8042 – Migrant workers and overseas Filipinos act of 1995


RA 10022 – Amending RA 8042

Purpose
n Protection and promotion of the welfare of OFWs in distress
o But amended to include OFW engaged or has been engaged in remunerated activity in a
state which he or she is not a citizen or on board a vessel other than government ship for
military or non-commercial purposes or on an installation located offshore or high seas

Elements of illegal recruitment


1. Recruitment and placement
o Canvassing, enlisting contracting, transporting, utilizing, hiring, procuring workers,
whether for profit or not
o Promises for a fee employment abroad to two or more persons
2. Offender has no valid license or authority
If it be in large scale
3. Recruitment placement against three or more persons, individually or as a group

Effect to crimes under RPC


n Without prejudice. Hence, can be convicted with estafa also.

27
20. VAGRANCY

RA 10158: Decriminalization of Vagrancy


- Art. 202, RPC is amended as to punish only prostitutes (women who for, money or profit,
habitually indulge in sexual intercourse or lascivious conduct)
- Retroactive: effective 15 days after 27 March 2012
o all pending cases on Vagrancy were dismissed
o all persons serving sentence for Vagrancy were immediately released, provided they are
not serving sentence or detained for any other offense or felony

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21. HAZING

ANTI-HAZING LAW
R.A. 8049

Hazing, defined
An initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations
such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting
him to physical or psychological suffering or injury.

Organization, defined
It includes fraternity, sorority and organizations in schools, and any club or the Armed Forces of the
Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's
Military Training and Citizen's Army Training.

Note: The physical, mental and psychological testing and training procedure and practices to determine
and enhance the physical, mental and psychological fitness of prospective regular members of the AFP
and PNP as approved by the Secretary of National Defense and the National Police Commission duly
recommended by the Chief of Staff and the Director General of the Philippine National Police shall not be
considered as hazing.

Principal in case the person dies or suffers physical injuries


The officers and members of the fraternity, who actually participated in the infliction of physical harm are
liable as principals.

Administrative Sanctions
Officials of the school or the police, military or CAT organization may impose appropriate administrative
sanctions even before conviction.

Accomplices
I. The owner of the place where the hazing is conducted is liable as an accomplice when he has
actual knowledge but failed to take any action to prevent it from occurring.
II. The parents of the members, if the hazing took place in his or her home, and they have actual
knowledge but failed to take any action.
III. The school authorities, including faculty members who consent to the hazing or who have
actual knowledge, but failed to take any action.

Other Principals
I. The officers, former officers or alumni of the organization who actually planned the hazing
although not present when the acts were committed
II. A fraternity or sorority’s adviser who is present when the acts were committed and failed to
take action to prevent it.

Prima Facie as a principal


Presence of a person during the hazing is prima facie evidence of participation as principal EXEMPTION:
he prevented the commission of such acts.

Other important matters


I. The mitigating circumstance that there was no intention to commit so grave a wrong is not
applicable.
II. Hazing as a prerequisite for employment is covered.
III. Psychological and emotional suffering is not included in the law.

29
22. SEXUAL HARASSMENT

RA 7877: Anti-Sexual Harassment Act of 1995


- Policy: Valuing human dignity in the employment, education, or training environment
- Work, education or training-related sexual harassment
1
o Committed by person who, having authority, influence, or moral ascendancy
o Demands, requests or requires any sexual favor from the other, whether accepted or not
- Work-related or employment environment
1. Committed when:
a. sexual favor made as a condition in
- the hiring or in the employment, re-employment or continued employment of said
individual
- granting favorable compensation, terms of conditions, promotions or privileges
a. refusal to grant 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. Above acts would impair the employee’s rights or privileges under existing labor laws
3. Above acts would result in an intimidating, hostile, or offensive environment for the employee
- Education or training environment
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
3. When the sexual favor is made a condition to the
a. giving of a passing grade
b. granting of honors and scholarships
c. payment of a stipend, allowance or other benefits, privileges or consideration
4. When sexual advances result in an intimidating, hostile or offensive environment for the
student, trainee or apprentice
- Employer/Head of Office
o DUTY
- Prevent or deter the commission of acts of sexual harassment
- Provide the procedures for the resolution, settlement or prosecution of acts of
sexual harassment
o LIABILITY
- solidary liable for damages arising from the acts of sexual harassment if
o informed of such acts by the offended party and
o no immediate action is taken
- NOTE: This act shall not preclude the victim from instituting a separate and
independent action for damages and other affirmative relief.

Jacutin v. People
While the City Mayor had the exclusive prerogative in appointing city personnel, it should stand to reason,
nevertheless, that a recommendation from petitioner in the appointment of personnel in the municipal
health office could carry good weight. Indeed, petitioner himself would appear to have conveyed, by his
words and actions, an impression that he could facilitate Juliet’s employment. Indeed, petitioner would not
have been able to take undue liberalities on the person of Juliet had it not been for his high position in the
City Health Office of Cagayan de Oro City.


1
e.g. employer, employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach or trainor

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23. VOYEURISM

RA 9995: Anti-Photo and Video Voyeurism Act of 2009


- Photo or video voyeurism
1. act of taking photo or video coverage of a person performing sexual act or any similar activity
2. act of capturing an image of the private area of a person without the latter’s consent
o under circumstances in which such person has a reasonable expectation of privacy
3. act of selling, copying, reproducing, broadcasting, sharing or showing the photo or video
coverage or recordings of the sexual act through VCD/DVD, internet, cellular phones and
similar means or device regardless of the written consent of the person/s involved
- Circumstances in which a person has reasonable expectation of privacy:
o Disrobing in privacy without being concerned of someone taking his/her picture
o Private area would not be visible to the public, regardless in a public or private place
- Punishable acts (PaSiCaT)
1. Taking photo or video coverage
2
2. Copying or reproducing, or cause to be copied or reproduced
3
3. Selling or distributing, or cause to be sold or distributing
4. Publishing or broadcasting, or cause to be published or broadcast, whether in print or
4
broadcast media, or showing or exhibiting the photo or video coverage or recordings

Offender Penalty
5
Juridical person and officers License or franchise deemed automatically
revoked
Public officer/employee Administratively liable
Professional
Alien Subject to deportation proceedings

- Inadmissibility of Evidence: Any record shall not be admissible in evidence in any judicial, quasi-
judicial, legislative or admin hearing or investigation.
- NOTE: Any peace officer, who is authorized by a written judicial order, may use the record or any
copy as evidence in any civil, criminal investigation or trial of the crime of photo or voyeurism.


2
Applicable whether or not consent was given by victim
3
Applicable whether or not consent was given by victim
4
Applicable whether or not consent was given by victim
5
Editor and reporter in print media; station manager, editor, and broadcaster in broadcast media

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24. CHILD PORNOGRAPHY

RA 9775: Anti-Child Ponography Act of 2009


- Child
o below 18 years of age or over, but unable to fully take care of himself due to
physical/mental disability/condition
o regardless of age, presented as a child
o digital image of a person represented to be a child
- Child pornography: representation of child engaged or involved in real or simulated explicit sexual
activities
- Explicit sexual activity may be actual or simulated
o Sexual intercourse or lascivious act
o Bestiality
o Masturbation
o Sadistic/Masochistic abuse
o Lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus
o Use of any object or instrument for lascivious acts

Grooming Luring Pandering


Preparing a child for sexual Communicating, by means of a Offering or distributing
activity or sexual relationship computer, with a child for the materials containing any form
by communicating any form of purpose of facilitating the of child pornography,
child pornography commission of sexual activity or regardless of the actual
Includes online and other production of any form of child content of the material or
means of enticement pornography purported material

-
Punishable acts
1. Hiring or coercing a child to perform in the creation or production of child porn
2. Production of child porn
3. Selling, broadcasting or promoting child porn
4. Possession of child porn with intent to sell etc.
NOTE: Possession of 3 or more articles of child form is prima facie evidence.
5. Providing a venue for the commission of prohibited acts
6. Distribution of child porn by film distributors, theaters and telecom companies
6
7. Permitting child to engage in child porn
8. Grooming or luring of a child
9. Pandering of child porn
10. Access any form of child porn
11. Conspire to commit any prohibited acts
12. Possession of child porn
- Syndicated child porn: carried out by group of 3 or more persons conspiring with one another
- Duties of Internet Service Providers (e.g. PLDT)
o Notify PNP or NBI within 7 days from obtaining information that any form of child porn is
7
being committed using its server or facility
o Preserve evidence for investigation purposes and prosecution.
o Upon request of proper authorities, furnish the particulars of users who gained or
attempted to gain access to an internet address w/c contains any child porn
o Install available software to ensure that access to child porn will be blocked or filtered


6
Parent, legal guardian, or person having custody or control of a child
7 Not civilly liable for damages on account of notice given in good faith; also applicable to mall
owners/operators
NOTE: Public display of any form of child porn w/in their premises is a conclusive presumption
of knowledge.

32
- NOTE: LGUS where computer shops are located shall have authority to monitor and regulate
establishment and operation of the same.
- Child porn as a transnational crime; endeavored to be included among extraditable offenses in
future treaties.
o NOTE: DOJ may execute a request of a foreign state for assistance in the prosecution of
any form of child porn

Offender Penalty
Parent, ascendant, guardian, step-parent or Penalty in its maximum duration
rd
collateral relative within the 3 degree of
consanguinity or affinity
Any person having control or moral
ascendancy over the child
Juridical person Imposed upon owner, manager, BoD member
and/or officer who
o participated or
o shall have knowingly permitted or
o failed to prevent its commissions
Public officer/employee Penalty in its maximum duration

Alien Immediately deported after complete service of


his/her sentence
Forever barred from entering the country
NOTE: RPC shall be suppletorily applicable.

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25. TRAFFICKING

Laws:
RA 9208 “Anti-Trafficking in Persons Act”
RA 10364 “Expanded Anti-Trafficking in Persons Act”

Policy:
Highest priority to eliminating trafficking in persons, mitiate pressures for involuntary migration and servitude
of persons, in pursuit of human dignity

Punishable acts:
1. Acts of trafficking – when done for the purpose of prostitution, sexual exploitation, forced labor, slavery,
etc…
a. Recruiting, transporting, or receiving persons by any means
b. To offer or contract marriage, real or simulated, or matching a Filipino to a foreign national for
marriage
c. Adopt or facilitate adoption of persons
d. Hire person to engage in prostitution or pornography
e. Organize tourism packages or activities for the purpose of offering persons for prostitution,
pornography, or sexual exploitation
f. To transport a person by means of threat or use of force, fraud, intimidation, etc for the purpose
of removal and sale of his organs
g. Recruit, transport, or adopt a child to engage in armed activities
2. Acts that promote trafficking – when done for purpose of promoting trafficking…
a. Allow use of any building or establishment
b. Facilitate transport of persons – by producing or tampering documents as proof of compliane
with pre-departure requirements, assist in fraud to acquire clearance and exit documents,
facilitate entry and exit of persons with fake travel documents, destroy or impair travel
documents of trafficked persons
c. Publish, distribute, or advertise propaganda material
d. Knowingly benefit from or make use of services of persons held to a condition of involuntary
servitude or forced labor
e. Tamper with evidence or witnesses in investigation or prosecution of trafficking cases
f. Utilize own office to impede investigation, prosecution, or execution of lawful orders against
trafficking
3. Qualified trafficking
a. Trafficked person is a child
b. Adoption is effected through “Inter-Country Adoption Act”
c. Victim dies, becomes insane, suffers mutilation, contracts HIV/AIDS
d. Crime is committed by a syndicate (carried out by 3 or more persons), or in large scale
(committed against 3 or more persons)
e. Offender is ascendant/parent/sibling/guardian/person who exercises authority over the
trafficked person, or public officer/employee, or member of military/law enforcement agency
f. Trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies
g. Offender commits trafficking for 60 or more days (continuous or not)

Other notes:
- Relation to other laws
- A person can be guilty of both illegal recruitment and trafficking.
- If a child is sold for purpose of prostiution on a single occasion, the crime is child prostitution
under RA7610. If accused maintains child for prositution, the crime is qualified trafficking.
- Trafficking can exists even with the victim’s consent.
- Trafficked persons shall be recognized as victims and shall not be penalized for crimes directly related
to acts of trafficking. Their consent to such acts is irrelevant.

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26. VIOLENCE AGAINST WOMEN AND THEIR CHIDREN

Laws
RA9262 “Anti-Violence Against Women and Their Children Act”

Policy
Value the dignity of women and children, need to protect family and its members, particularly women and
children.

Punishable acts:
1. Causing, threatening, or attempting to cause physical harm to the woman or her child, or placing them
in fear of imminent physical harm
2. Controlling their acts – compeling or attempting to compel woman or her child to engage in conduct
which they have a right to desist from, or desist from conduct which they have a right to engage in, or
restricting their freedom of movement by force or threat of force or harm (including depriving or
threatening to deprive them of a legal right, custody to family, financial support; controlling the conjugal
proeprty), or inflicting or threatening physical harm on oneself for purpose of controlling woman’s
actions or decisions
3. Causing or attempting to cause woman or child to engage in any sexual activity which does not
constitute rape, by force or threat of force, harm, or intimidation
4. Engaging in purposeful or reckless conduct that alarms or causes emotional or psychilogical distress
to woman or her child, including: stalking, peering in window, lingering outside residence, entering
property against their will, destroying their property or inflicting harm to their animals or pets, any form
of harrassment or violence.
5. Causing mental or emotional anguish, public ridicule, or humiliation to the woman or child (eg repeated
verbal and emotional abuse, denial of financial support or custody/access to minor children)

Other notes:
- Women victims, under the law, are those whom the accused has had a sexual or dating/romantic
relationship with, or with whom he has a common child. Children are the children of the women, whether
legitimate or illegitimate.
- Violence under the law includes physical violence, sexual violence, psychological violence, and
economic abuse.
- Habituality is not an element of the punishable acts. A single act which translates into violence would
be enough.
- Victim-survivors who are found by the courts to be suffering from battered woman syndrome
(scientifically defined pattern of psychological and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse) do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying circumstances of self-defense under
the Revised Penal Code.
- Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall not be
a defense under this Act.

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27. CHILD ABUSE

Laws
RA 7610 “Special Protection of Children Against Abuse, Exploitation, and Discrimination”

Policy
Provide special protection to children from all forms of abuse. The best interests of children shall be the
paramount consideration in all actions concerning them.

Punishable acts:
1. Child prostitution and other sexual abuse
a. for profit – (i) accused engages in, promotes, or facilitates child prostitution; (ii) by acting as
procurer, inducing a person to be a client of a child prostitute, threatening or using violence
toward child, taking advantage of influence or relationship, giving monetary consideration or
other pecuniary benefit to child; (iii) child is exploited or intended to be exploited in prostitution;
(iv) child is below 18.
b. lewd conduct with child victim – (i) accused commits act of sexual intercourse or lascivious
conduct; (ii) with a child exploited in prostitution or subjected to other sexual abuse; (iii) child is
below 18.
- If victim under 12, prosecuted for rape under RPC. Exception: if penalty under 7610
is higher (lascivious conduct with below 12 child higher than rape through sexual
assault).
- Consent of child is immaterial. Presumed incapable of giving rational consent to sex.
- Sexual abuse can be committed through exerting influence or coercion
c. Those who derive profit or advantage from child prostitution
2. Child trafficking – trading and dealing with children
3. Hiring of children for work related to obscene publications and indecent shows
4. Other acts of abuse
a. (i) Child abuse, (ii) child cruelty, (iii) child exploitation, (iv) being responsible for conditions
prejudicial to child’s development (including those covered by PD603, but not covered by RPC)
- Child abuse – maltreatment, whether habitual or not, including (i) psychological,
physicial, sexual abuse; (ii) any act which debases the intrinsic worth of the child as
a human being; (iii) unreasonable deprivation of basic needs for survival; (iv) failure
to give medical treatment to injured child resulting in serious impaiment of his growth,
permanent incapacity, or death
b. Keeping child 12 or under, or 10 years or more his junior, in his company in any public or private
place (when the accused and child have no bond recognized by law); or anyone who delivers
minor to such person; or someone who operates a public or private place and allows such
person to take minor with him there
c. Using or forcing child to (i) beg, (ii) act as middleman in drug trafficking, (iii) conduct any illegal
activity.

Other notes:
- A child is anyone below 18, or no matter what age but unable to fully protect themselves from abuse.

28. CARNAPPING

36
Law:
RA 6539 – “Anti-Carnapping Act of 1972”
RA 7659 - “Amendment of Other Special Penal Laws”

Elements of Carnapping:
1) Actual taking of the vehicle
2) Intent to gain by the offender
3) Vehicle belongs to another
4) Taking is without consent of the owner OR was committed by means of violence against/intimidation of
persons or by using force upon things.

Important Terms:
1) Motor vehicle – is any vehicle propelled by any power other than muscular power using the public
highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers,
graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only
on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural
purposes. Trailers having any number of wheels, when propelled or intended to be propelled by
attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating.

Regulation:
- All motor vehicles are to be registered with the Land Transportation Commission (now LTO). All
unregistered will be considered as an untaxed importation, coming from an illegal source, or
carnapped and shall be confiscated by the government. The registry would then be furnished to the
Philippine Constabulary (Now PNP) as well as all Land Transportation Commission offices.
- Registration would include all sale, transfer, conveyance, substitution or replacement of
motor vehicle engine, engine block or chassis.
- The Collector of Customs of a principal port of entry shall, within seven days after the arrival of the
imported motor vehicle or any of its parts make a report of the shipment to the Land Transportation
Commission.
- Certificate of clearance needed for:
- Any person who shall undertake to assemble or rebuild of a motor vehicle or who shall cause
the assembly or rebuilding of a motor vehicle
- Inter-island shipping
- It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial
number of motor vehicle engines, engine blocks and chassis.
- Qualifying Circumstance: If the owner, driver or occupant of the carnapped vehicle is killed or raped in
the commission of the carnapping
- Aliens convicted under the provisions of this Act shall be deported immediately after service of
sentence without further proceedings by the Deportation Board.

Case Doctrine:
Intent to gain is presumed from the unlawful taking. Actual gain is irrelevant. Gain is not merely limited to
pecuniary benefit by also benefit which any other sense may be derived or expected. Mere use without
the owner’s consent constitutes gain.

29. BANK SECRECY

37
Laws:
RA1405 – “An Act Prohibiting Disclosure Of Or Inquiry Into, Deposits With Any Banking Institution And
Providing Penalty Therefor”
RA 6426 – “Foreign Currency Deposit Act of the Philippines”

Policy:
Encourage people to deposit money in banking institutions and discourage private hoarding.

Regulation:
- All deposits of whatever nature (+ foreign currency deposits) with banks or banking institutions in
the Philippines including investments in bonds issued by the Government of the Philippines, its
political subdivisions and its instrumentalities, are hereby considered as of an absolutely
confidential nature and may not be examined, inquired or looked into by any person, government
official, bureau or office, except upon written permission of the depositor, or in cases of
impeachment, or upon order of a competent court in cases of bribery or dereliction of duty of
public officials, or in cases where the money deposited or invested is the subject matter of the
litigation.
- The banks designated by the Central Bank shall have the authority:
- To accept deposits and to accept foreign currencies in trust. Provided, That numbered
accounts for recording and servicing of said deposits shall be allowed;
- To issue certificates to evidence such deposits;
- To discount said certificates;
- To accept said deposits as collateral for loans subject to such rules and regulations as
may be promulgated by the Central Bank from time to time; and
- To pay interest in foreign currency on such deposits.
- All foreign currency deposits made under this Act, including interest and all other income or
earnings of such deposits, are hereby exempted from any and all taxes whatsoever irrespective
of whether or not these deposits are made by residents or nonresidents so long as the deposits
are eligible or allowed under aforementioned laws and, in the case of nonresidents, irrespective
of whether or not they are engaged in trade or business in the Philippines.

Case Doctrine:
- Trust accounts are covered by bank secrecy law. “Deposits” as used in the law is to be
understood broadly. Not limited to those that give rise to creditor-debtor relationship.
- Exceptions to bank secrecy: (a) order of competent court in cases of bribery or dereliction of duty
of public officials, (b) money deposited or invested is the subject matter of litigation.
- Plunder is neither bribery nor dereliction, but similar because case of unexplained wealth.

30. MONEY LAUNDERING

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Laws:
RA9160 – “Anti-Money Laundering Act of 2001”
RA9194 – “Amending the Anti-Money Laundering Act of 2001”
RA10167 – “Strengthening the Anti-Money Laundering Act of 2001”
RA10365 – “Further Strengthening the Anti-Money Laundering Act of 2001”

Policy:
To protect and preserve the integrity and confidentiality of bank accounts and to ensure that the
Philippines shall not be used as a money laundering site for the proceeds of any unlawful activity.
Consistent with its foreign policy, the State shall extend cooperation in transnational investigations and
prosecutions of persons involved in money laundering activities wherever committed.

Important Terms:
1) Covered Institutions
- Banks, non-banks, quasi-banks, trust entities, foreign exchange dealers, pawnshops, money
changers, remittance and transfer companies and other similar entities. All others regulated by BSP.
- insurance companies, pre-need companies and all other persons supervised or regulated by the
Insurance Commission (IC);
- Securities dealers, brokers, salesmen, investment houses and other similar persons managing
securities or rendering services as investment agent, advisor, or consultant, (ii) mutual funds, close-end
investment companies, common trust funds, and other similar persons, and (iii) other entities
administering or otherwise dealing in currency, commodities or financial derivatives based thereon,
valuable objects, cash substitutes and other similar monetary instruments or property supervised or
regulated by the Securities and Exchange Commission (SEC);
- Jewelry dealers in precious metals, who, as a business, trade in precious metals, for transactions in
excess of One million pesos (P1,000,000.00);
- Jewelry dealers in precious stones, who, as a business, trade in precious stones, for
transactions in excess of One million pesos (P1,000,000.00);
- Company service providers which, as a business, provide any of the following services to third
parties: (i) acting as a formation agent of juridical persons; (ii) acting as (or arranging for another person
to act as) a director or corporate secretary of a company, a partner of a partnership, or a similar position
in relation to other juridical persons; (iii) providing a registered office, business address or
accommodation, correspondence or administrative address for a company, a partnership or any other
legal person or arrangement; and (iv) acting as (or arranging for another person to act as) a nominee
shareholder for another person; and
- Persons who provide any of the following services:
- managing of client money, securities or other assets;
- management of bank, savings or securities accounts;
- organization of contributions for the creation, operation or management of companies; and
- creation, operation or management of juridical persons or arrangements, and buying and selling
business entities.
2) Covered Transactions
- a single, series, or combination of transactions involving a total amount in excess of
Php4,000,000.00 within five (5) consecutive banking days or Php500,000 in one day except those
between a covered institution and a person who, at the time of the transaction was a properly
identified client and the amount is commensurate with the business or financial capacity of the
client; or those with an underlying legal or trade obligation, purpose, origin or economic
justification.

Money Laundering Offense. – Money laundering is committed by any person who, knowing that any
monetary instrument or property represents, involves, or relates to the proceeds of any unlawful activity:
a) Transacts said monetary instrument or property;
b) Converts, transfers, disposes of, moves, acquires, possesses or uses said monetary instrument or
property;
c) Conceals or disguises the true nature, source, location, disposition, movement or ownership of or rights
with respect to said monetary instrument or property;

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d) Attempts or conspires to commit money laundering offenses referred to in paragraphs (a), (b) or (c);
e) Aids, abets, assists in or counsels the commission of the money laundering offenses referred to in
paragraphs (a), (b) or (c) above; and
f) Performs or fails to perform any act as a result of which he facilitates the offense of money laundering
referred to in paragraphs (a), (b) or (c) above.
g) Knowing that a covered or suspicious transaction is required under this Act to be reported to the Anti-
Money Laundering Council (AMLC), fails to do so.

Others:
- The Anti-Money Laundering Council is hereby created and shall be composed of the Governor of
the Bangko Sentral ng Pilipinas as Chairman, the Commissioner of the Insurance Commission
and the Chairman of the Securities and Exchange Commission, as members. They will be the
authority regarding all matters involving Money-Laundering including investigation, issuance of
orders, and regulation among others.
- Covered institutions shall establish and record the true identity of its clients based on official
documents. The provisions of existing laws to the contrary notwithstanding, anonymous accounts,
accounts under fictitious names, and all other similar accounts shall be absolutely prohibited.
- All records of all transactions of covered institutions shall be maintained and safely stored for five
(5) years from the dates of transactions.
- Covered persons shall report to the AMLC all covered transactions and suspicious transactions
within five (5) working days from occurrence thereof, unless the AMLC prescribes a different
period not exceeding fifteen (15) working days.
- Upon a verified ex parte petition by the AMLC and after determination that probable cause exists
that any monetary instrument or property is in any way related to an unlawful activity, the Court of
Appeals may issue a freeze order which shall be effective immediately, and which shall not
exceed six (6) months depending upon the circumstances of the case: Provided, That if there is
no case filed against a person whose account has been frozen within the period determined by
the court, the freeze order shall be deemed ipso facto lifted: Provided, further, In any case, the
court should act on the petition to freeze within twenty-four (24) hours from filing of the petition.
- A person whose account has been frozen may file a motion to lift the freeze order and the court
must resolve this motion before the expiration of the freeze order.

31. ESTAFA

40
PD 1689 – Increasing penalty of swindling or estafa

If swindling or estafa is committed by syndicate consisting of five or more persons formed with intent…in
the misappropriation of money contributed by stockholders, or members of rural banks, cooperative,
"samahang nayon(s)", or farmers association, or of funds solicited by corporations/associations from the
general public…is punishable by life imprisonment to death.

If not by syndicate, imposable penalty is reclusion temporal to reclusion perpetua if the amount of fraud
exceeds P100,000.

Elements of swindling/estafa:
1. That the accused defrauded another by abuse of confidence, or by means of deceit;
2. That the damage or prejudice capable of pecuniary estimation is caused to the offended party or
third persons.

Elements under PD 1689 on syndicated estafa:


1. Estafa or other forms of swindling in Art. 315 and 316 of RPC
2. Committed by syndicate
3. Defraudation results in misappropriation of funds solicited from public
Damage or prejudice may consist of:
1. Offended party being deprived of his money or property as a result of the defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.

Case doctrine:
n Fraud is anything calculated to deceive.
n Does not need to satisfy “eroding public confidence and economic sabotage.” These are not
elements of the crime under PD 1689. Taken from preamble.
n ISL to apply in estafa. In computing penalty for estafa, amounts involved exceeding P22,000 will
not be considered in initial determination of penalty.
n The perpetrator should be the one who is soliciting from the public, not the victim. Hence, if the
bank is the victim (the one soliciting from the public), cannot have syndicated estafa. Only simple
estafa.

32. BP22

41
BP 22 – Bouncing checks law
SC Circular 12-2000

Elements of BP 22
1. Accused makes, draws or issues a check to apply to account for value
2. Accused knows at issuance that he has insufficient funds upon presentment
o Prima facie assumption
Rebutted by:
§ Pays the holder
§ Makes the arrangement to pay in full within 5 banking days from receipt of notice
of dishonor
3. Check is subsequently dishonored due to DAIF or stop payment

Other crime
n Failure to keep sufficient funds or maintain credit within 90 days from date appearing on the
check, for which reason it is dishonored by the drawee bank.

Effect if check is drawn by corporation, company or entity


n Person/s who actually signed the check is liable
o Maker should be personally notified. Otherwise, presumption of knowledge will not exist.

Duty of drawee
n When refusing payment
o Stamp the check in plain language that it has been dishonored and
o State the reason

Effect to crimes under RPC


n Without prejudice to any liability in RPC

Effect of SC Circular
n Intent is not to decriminalize BP 22. Rather, to redeem human value.
n Only to lay down preference of application of penalties (i.e., imprisonment is discouraged but the
value of amount of the check be doubled as penalty).

Case doctrine
n Cannot institute the BP 22 case after the collection of payment (civil obligation) even if it was paid
beyond the five-day period of the law. BP 22 gravamen is issuance of worthless checks.
However, when the reason for the law ceases, the law ceases.

33. CODE OF CONDUCT

42
Code of Conduct and Ethical Standards for Public Officials and Employees
Republic Act No. 6713, as amended

Date approved: February 20, 1989

Public Officials, definition


- Includes elective and appointive officials and employees, permanent or temporary, whether in the
career or non-career service, including military and police personnel, whether or not they receive
compensation, regardless of amount

Gift, definition
- A thing or a right disposed of gratuitously, or any act of liberality, in favor of another who accepts
it, and shall include a simulated sale or an ostensibly onerous disposition thereof
- Does not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or
in exchange for, a favor from a public official or employee

Receiving any gift, definition


- Act of accepting, directly or indirectly, a gift from a person other than a member of his family or
relative (all persons related to a public official or employee within the fourth civil degree of
consanguinity or affinity, including bilas, inso and balae), even on the occasion of a family
celebration or national festivity like Christmas, if the value of the gift is neither nominal nor
insignificant, or the gift is given in anticipation of, or in exchange for, a favor

Conflict of interest, definition


- Arises when a public official or employee is a member of a board, an officer, or a substantial
stockholder of a private corporation or owner or has a substantial interest in a business and the
interest of such corporation or business, or his rights or duties therein, may be opposed to or
affected by the faithful performance of official duty

Divestment, definition
- Transfer of title or disposed of interest in property by voluntarily, completely and actually depriving
or dispossessing oneself of his right or title to it in favor of a person or persons other than his
spouse and relatives as defined in this Act

Prohibited Acts and Transactions


The following shall constitute prohibited acts and transactions of any public official and employee and are
hereby declared to be unlawful:
I. Financial and material interest – Public officials and employees shall not, directly or indirectly,
have any financial or material interest in any transaction requiring the approval of their office
II. Outside employment and other activities related thereto – Public officials and employees
during their incumbency shall not:
A. Own, control, manage or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any private enterprise regulated, supervised or
licensed by their office unless expressly allowed by law
B. Engage in the private practice of their profession unless authorized by the Constitution or
law, provided that such practice will not conflict or tend to conflict with their official
functions; or
C. Recommend any person to any position in a private enterprise which has a regular or
pending official transaction with their office
III. Disclosure and/or misuse of confidential information – Public officials and employees shall
not use or divulge, confidential or classified information officially known to them by reason of
their office and not made available to the public either:
A. To further their private interests, or give undue advantage to anyone; or
B. To prejudice the public interest.
IV. Solicitation or acceptance of gifts

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A. General Rule: They shall not solicit or accept directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value from any person in the course of their
official duties or in connection with any operation being regulated by or any transaction
which may be affected by the functions of their office.
B. Exceptions: As to gifts or grants from foreign governments, the Congress assents to the
acceptance and retention by a public official or employee of:
a. gift of nominal value rendered and received as souvenir or mark of courtesy;
b. gift in the nature of a scholarship or fellowship grant or medical treatment; or
c. travel grants or expenses for travel taking place entirely outside the Philippines

Statement of Assets, Liabilities and Net Worth and Disclosure of Financial and Business Interests of
Public Officials and Employees
- There is an obligation on the part of public officials and employees to accomplish and submit
declarations under oath of their SALNs and DFBIs, as well as those of their spouses and of
unmarried children under 18 years of age living in their household.
- When must the documents be filed?
o Within 30 days after the assumption of office;
o On or before April 30, of ever year thereafter; and
o Within 30 days after separation from the service
- Husband and wife who are both public officials or employees may file the required statements
jointly or separately.
- Who must and where to file?
o Constitutional and national elective officials à National office of the Ombudsman
o Senators and Congressmen à Secretaries of the Senate and the House of
Representatives, respectively
o Justices à Clerk of Court of the Supreme Court
o Judges à Court Administrator
o National executive officials à Office of the President
o Regional and local officials and employees à Deputy Ombudsman of their respective
regions
o Officers of the armed forces from the rank of colonel or naval captain à Office of the
President
o Officers of the armed forces below the rank of colonel or naval captain à Deputy
Ombudsman of their respective regions
o All other public officials and employees à Civil Service Commission
- It shall be unlawful for any person to obtain or use any SALN or DFBI for:
o Any purpose contrary to morals or public policy; or
o Any commercial purpose other than by news and communications media for
dissemination in the general public

On Divestment
I. When a conflict of interest arises, public official or employee shall:
A. Resign from his position in any private business enterprise within 30 days from his
assumption of office; and/or
B. Divest himself of his shareholdings or interest within 60 days from such assumption.
II. The same rule shall apply if he is a partner in a partnership.
III. It shall not apply to those who serve the Government in an honorary capacity nor to laborers
and casual or temporary workers.

Penalties
I. Any public official or employee, regardless of the manner he holds office, committing any
violation of this Act, shall be punished, after due notice and hearing by the appropriate body
or agency and depending on the gravity of the offense, with:
A. a fine not exceeding the equivalent of 6 months salary or suspension not exceeding one
year; OR
B. suspension not exceeding 1 year; OR

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C. removal from office.
II. If the violation is punishable by a heavier penalty under another law, the offender shall be
prosecuted on the latter statute.
III. A public official or employee who commits any of the prohibited acts and transactions under
this law, or fails to file his SALN or DFBI, or violates the provision on divestment shall be
punishable with:
A. Imprisonment not exceeding 5 years; AND/OR
B. A fine not exceeding five thousand pesos;
C. AND in the discretion of the court of competent jurisdiction, disqualification to hold public
office
IV. The official or employee concerned may bring an action against any person who obtains or
uses a SALN or DFBI for any purpose prohibited by this Act. The offender’s penalty shall be:
A. Any amount not to exceed twenty-five thousand pesos; OR
B. If another sanction hereunder or under any other law is heavier, the latter shall apply

Effect of Administrative Proceedings


Any violation proven in a proper administrative proceeding shall be sufficient cause for removal or
dismissal of a public official or employee, even if no criminal prosecution is instituted against him.

Liability of Private Individuals violating RA 6713


Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public
officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public
officials and employees and shall be tried jointly with them.

Repealing Clause
All laws, decrees, and orders or parts thereof inconsistent with the provisions of this law, are deemed
repealed or modified accordingly, unless the same provide for a heavier penalty.

The provisions under Section 4 merely enunciates those enumerated as ideal norms of conduct to be
observed by public servants. Following this perspective, Rule V of its Implementing Rules mandates
the grant of incentives and rewards to officials and employees who demonstrate exemplary service.
The Implementing Rules does not provide that public officials and employees will be sanctioned for
failure to observe these norms of conduct. Furthermore, the Implementing Rules affirms as grounds for
administrative disciplinary action only acts declared unlawful or prohibited by the Code. Rule X
specifically mentions at least twenty-three (23) acts or omissions as grounds for administrative
disciplinary action. Failure to abide by the norms of conduct under Section 4(b) of R.A. No. 6713 is not
one of them. (Domingo v. Office of the Ombudsman, G.R. No. 176127, January 30. 2009)

“All other assets such as investments, cash on hand or in banks, stocks, bonds, and the like,” should
be declared by the public official in his or her SALN. In this case, it was established that Collado only
declared the original amount of her time deposits in her SALN for 2004 and 2005 and did not disclose
the accruing interests. Collado should be held administratively liable for failing to comply with the
aforesaid requirement. (Marquez v. Ovejera, A.M. No. P-11-2903, February 5, 2014)

34. FORFEITURE

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An Act Declaring Forfeiture of Ill-Gotten Wealth of Public Officers and Employees
Republic Act No. 1379

Date of Approval/Effectivity: June 18, 1956

Public officer or employee, definition


Any person holding any public office or employment by virtue of an appointment, election or contract, and
any person holding any office or employment, by appointment or contract, in any State owned or
controlled corporation or enterprise.

Other legitimately acquired property, definition


I. Any real or personal property, money or securities which the respondent has at any time
acquired by:
A. Inheritance and the income thereof; or
B. Gift inter vivos before his becoming a public officer or employee;
II. Any property or income thereof already pertaining to him when he qualified for public office or
employment;
III. Fruits and income of the exclusive property of the respondent’s spouse.

What are the properties not considered legitimately acquired?


Property unlawfully acquired by the respondent but:
I. Its ownership is concealed by its being recorded in the name of, or held by, the respondent’s
spouse, ascendants, descendants, relatives or any other person;
II. Transferred by him to another person or persons on or after the effectivity of this Act;
III. Donated to the respondent during his incumbency, unless he can prove to the satisfaction of
the court that the donation is lawful.

Punishable Acts
I. Any public officer or employee who shall transfer or convey any unlawfully acquired property.
II. Any person who shall knowingly accept such transfer or conveyance

Prima facie evidence that a property is unlawfully required


In order for the subject property be presumed prima facie to have been unlawfully acquired, these
circumstances must occur:
I. That the property is acquired during the respondent’s incumbency; AND
II. The amount of the property is manifestly out of proportion to his salary as such public officer
or employee and to his other lawful income and the income from legitimately acquired
property.

Filing of Petition

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Solicitor General files,
City or provincial fiscal in the name and on
conducts an inquiry behalf of the Republic of
similar to preliminary the Philippines, in the
investigations in Court of First Instance of
criminal cases and the city or province
certifies to the Solicitor where said public officer
Filing of complaint by
General that there is (1) or employee resides or
any taxpayer to the city
reasonable ground to holds office, a *petition
or provincial fiscal
believe that there has for a writ commanding
been a violation of the said officer or
law and the employee to show
respondent, and (2) the cause why the subject
respondent is probably property should not be
guilty thereof declared property of the
State

* No such petition shall be filed within one year before any general election or within three months before
any special election.
Effect of Resignation, Dismissal or Separation from Office or Employment
The resignation, dismissal or separation of the officer or employee from his office or employment in the
Government or in the Government-owned or controlled corporation shall not be a bar to the filing of the
petition.
I. General rule: The right to file the petition shall prescribe after 4 years from the date of the
resignation, dismissal or separation or expiration of the term of the officer or employee
concerned
II. Exception: As to those who have ceased to hold office within 10 years prior to the approval of
this Act, the proceedings shall prescribe after 4 years from the approval hereof.

Period for the Answer


Fifteen days for the respondent to present his answer

Hearing
The court shall set a date for a hearing which may be open to the public

Judgment
If the respondent is unable to satisfy the court in showing that he has lawfully acquired the property in
question, the court shall declare such property forfeited in favor of the State, and by virtues of such judgment
the property aforesaid shall become property of the State.
- No judgment shall be rendered within 6 months before any general election or within 3 months
before any special election.
- The Court may, in addition, refer this case to the corresponding Executive Department for
administrative or criminal action, or both.

Protection against Self-Incrimination


I. Neither the respondent nor any other person shall be excused from: (1) attending and testifying,
or (2) producing books, papers, correspondence, memoranda and other records on the ground
that the testimony or evidence, documentary or otherwise, required of him may tend to
incriminate him or subject him to prosecution.
II. No individual shall be prosecuted criminally for or on account of any transaction, matter or thing
concerning which he is compelled, after having claimed his privilege against self-incrimination,
to testify or produce evidence, documentary or otherwise à Except that such individual so
testifying shall not be exempt from prosecution and conviction for perjury or false testimony
committed in so testifying or from administrative proceedings

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Immunity
I. Who grants? The Solicitor General.
II. To whom? Any person who testifies to the unlawful matter in which the respondent has
acquired any of the property in question in cases where such testimony is necessary to prove
violations of this Act.

Penalties
Any public officer or employee who shall, after the effective date of this Act, transfer or convey any
unlawfully acquired property shall be repressed:
I. With imprisonment for a term not exceeding five years, AND/OR
II. Fine not exceeding ten thousand pesos.
The same repression shall be imposed upon any person who shall knowingly accept such transfer or
conveyance.

Effectivity
This shall take effect on its approval, and shall apply to:
I. Property unlawfully acquired after effectivity
II. Property unlawfully acquired before the effective date of the Act.

Forfeiture is divestiture without compensation. Such proceedings are criminal in nature to the extent that
the person using the res illegally is the owner or rightful possessor of it, the forfeiture proceeding is in
the nature of a punishment. Suits for penalties and forfeitures are quasi-criminal. The proceeding is one
against the owner and goods; for it is his breach of the laws which has to be proved to establish the
forfeiture and his property is sought to be forfeited. (Cabal v. Kapunan, GR. L-19052, December 29,
1962)

Civil case 0141 is not criminal in nature; only quasi-criminal as decided in Cabal v. Kapunan. As civil in
nature, Rule 35 ROC may be applied on summary judgment. Forfeiture may be civil or criminal and may
be in rem or in personam. Criminal if under a statute where there is indictment, although civil in form.
Civil if does not involve conviction. The right of the Marcoses against self-incrimination has been amply
protected by the provisions of R.A. 1379, which prohibits the criminal prosecution of individuals for or on
account of any transaction, matter or thing concerning which they are compelled -- after having claimed
the privilege against self-incrimination - to testify or produce evidence, documentary or otherwise.
(Marcos, Jr. v. Republic, GR No. 189434)

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35. GOVERNMENT PROCUREMENT ACT

RA 9184 – Modernization, standardization and regulation of procurement activities of the government

Penal clause
n Opening and sealed bids prior to appointed time
n Delaying the screening for eligibility, opening of bids, evaluation and post evaluation of bids and
awarding of contracts
n Unduly influencing or exerting pressure of the procuring entity to take a particular bidder
n Splitting of contacts which exceed procedural limits
n Head of agency abuses the exercise of his power

Private individuals are liable if


n Two or more bidders agree and submit different bids as if they were bona fide
n Bidder maliciously submits different bids through two or more persons to create appearance of
competition
n Two or more bidders call upon one to refrain from bidding
n Those acts which tend to retrain natural rivalry of parties
n False testimony
n Conceal information in the bidding documents
n Withdraw after being awarded the bid or accept without just cause

Effect if bidder is juridical entity


n Liability be imposed on directors, officers and employees who actually committed the act

Principles of public bidding:


n Offer to the public
n Opportunity for competition
n Basis of exact comparison of bids

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36. GRAFT AND CORRUPT PRACTICES ACT

ANTI-GRAFT AND CORRUPT PRACTICES ACT


Republic Act No. 3019, as amended

Corrupt Practices of Public Officers


I. Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.

How does the public officer violate this?


a. He himself does the persuading, inducing or influencing of another public officer
b. He allows himself to be persuaded, induced or influenced

II. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the
Government and any other part, wherein the public officer in his official capacity has to
intervene under the law.

Three punishable acts:


a. Requesting
b. Receiving
c. Requesting and receiving

Elements:
a. Offender is a public officer
b. He requested and/or received a gift or consideration
c. Gift or consideration was for the public officer or another’s benefit
d. Such as requested and/or received in connection with a contract/transaction with the
government
e. The officer has the right to intervene in such a contract or transaction in his official capacity

III. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner
or capacity, has secured or obtained, or will secure or obtain, any Government permit or
license, in consideration for the help given or to be given, without prejudice to Section thirteen
of this Act

Elements:
a. Offender is a public officer
b. He requested and/or received a gift or consideration
c. Gift or consideration was for the public officer or another’s benefit
d. Such as requested and/or received in connection with a contract/transaction with the
government
e. The officer has the right to intervene in such a contract or transaction in his official capacity
f. For securing a government permit or license

IV. Accepting or having any member of his family accept employment in a private enterprise which
has pending official business with him during the pendency thereof or within one year after its
termination.

V. Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith or gross

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inexcusable negligence. This provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or permits or other concessions.

Ways of violating:
a. Causing any undue injury to any party, including the government
b. Giving any party an unwarranted advantage, benefit or preference

Elements:
a. accused are public officers or private persons charged in conspiracy with them
b. public officers commit the prohibited acts during the performance of their official duties or
in relation to their positions
c. they cause undue injury to any party, private or the government
d. such injury is caused by giving unwarranted benefits, advantage or preference to such
parties
e. the public officers have acted with manifest partiality, evident bad faith or gross inexcusable
negligence.

V. Neglecting or refusing, after due demand or request, without sufficient justification, to act within
a reasonable time on any matter pending before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or giving undue advantage in favor
of or discriminating against any other interested party.

Note: Dereliction must be without justification and must be for the purpose of:
a. obtaining, directly or indirectly, from any person interested in the matter some pecuniary or
material benefit in favor of an interested party; or
b. discriminating against another interested party.

VI. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.

VII. Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in
which he is prohibited by the Constitution or by any law from having any interest.

Elements:
a. Offender is a public officer
b. He directly or indirectly has some financial or pecuniary interest in any business, contract
or transaction
c. In connection with which he intervenes or takes part:
i. in his official capacity;
ii. in which he is prohibited by the Constitution; or
iii. in which he is prohibited by law from having any interest.

VIII. Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member,
and which exercises discretion in such approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or group.

Note: His interest in the transaction is that it shall benefit and/or require the approval of a board, panel or
group of which he is a member, and which exercises discretion in such approval, even if he votes against
or does not participate in the same. Interest for personal gain shall be presumed against those public
officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by
the board, panel or group to which they belong.

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IX. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not so qualified or entitled.

X. Divulging valuable information of a confidential character, acquired by his office or by him on


account of his official position to unauthorized persons, or releasing such information in
advance of its authorized release date.

Rules on Family and Private Individuals


I. Unlawful to capitalize or exploit or take advantage of such family or close personal relation by
directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage
from any other person having some business, transaction, application, request or contract with
the government, in which such public official has to intervene

“Family relation” – include the spouse, or relatives by consanguinity or affinity in the third civil degree
“Close personal relation” – close personal relationship, social and fraternal connections, and professional
employment all giving rise to intimacy which assures free access to such public officer

II. Unlawful for any person knowingly to induce or cause any public official to commit any of the
corrupt practices mentioned in the law

Rules on Certain Relatives


I. Unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil
degree, of the President, Vice-President, Senate President, Speaker of the House, to intervene
directly or indirectly, in any business, transaction, contract or application with the Government.
II. Instances where such prohibition is inapplicable:
a. Not applicable to any person who, prior to the assumption of office of any of the above
officials to whom he is related, has been already dealing with the Government along the
same line of business.
b. Not applicable to any transaction, contract or application already existing or pending at the
time of such assumption of public office.
c. Not applicable to any application filed by him the approval of which is not discretionary on
the part of the official or officials concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to law.
d. Not applicable to any act lawfully performed in an official capacity or in the exercise of a
profession.

Prescription of offenses
All offenses punishable under this Act shall prescribe in ten years.

Termination of office
No public officer shall be allowed to resign or retire pending an investigation, criminal or administrative, or
pending a prosecution against him, for any offense under this Act or under the provisions of the Revised
Penal Code on bribery.

Suspension and loss of benefits


Any public officer against whom any criminal prosecution under a valid information under this Act or under
the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office.
Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but
if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to
receive during suspension, unless in the meantime administrative proceedings have been filed against him.

It is clear from Section 3(b) that the requesting or receiving of any gift, present, share, percentage, or
benefit must be in connection with a contract or transaction wherein the public officer in his official
capacity has to intervene under the law. To establish the existence of the fourth element, the relation of

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the fact of requesting and/or receiving, and that of the transaction involved must be clearly shown.
(Garcia v. Sandiganbayan, 2006)
Manifest partiality is when there is a clear, notorious, or plain inclination or predilection to favor one side
or person rather than another. Evident bad faith connotes not only bad judgment but also palpably and
patently fraudulent and dishonest purpose to do moral obliquity or conscious wrongdoing for some
perverse motive or ill will; contemplates a state of mind affirmatively operating with furtive design or with
some motive or self-interest or ill will or for ulterior purposes. Gross inexcusable negligence refers to
negligence characterized by the want of even the slightest care, acting or omitting to act in a situation
where there is a duty to act, not inadvertently but willfully and intentionally, with conscious indifference
to consequences insofar as other persons may be affected. (Luspo v. People, G.R. No. 188487, February
14, 2011)
Failure to conduct public bidding does not equate to third element on disadvantage to government.
(Caunan v. People)
COA disallowances are normal occurrences in government officers. It can hardly be regarded as cause
for filing criminal case. (Posadas v. Sandiganbayan)

Manifest partiality, evident bad faith and gross inexcusable negligence are merely descriptive. Use of all
these phrases does not mean that there are three distinct charges. Prosecution can allege these different
modes alternatively. (Jaca v. People)

37. PLUNDER

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ANTI-PLUNDER ACT
Republic Act No. 7080
Who can be guilty of plunder
I. Any public officer who, by himself or in connivance with members of his family, relatives by affinity
or consanguinity, business associates, subordinates or other persons, amasses, accumulates or
acquires ill-gotten wealth through a combination or series of overt criminal acts in the aggregate
amount or total value of at least P50 million.
II. Any person who participated with the said public officer in the commission of an offense
contributing to the crime of plunder shall likewise be punished for such offense.

Ill-Gotten Wealth
Any asset, property, business enterprise or material possession of any person, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates and/or business associates by any
combination or series of specific or similar criminal means or schemes.

Means of Acquiring Ill-Gotten Wealth


I. Misappropriation, conversion, misuse, or malversation: Public funds or raids on the public
treasury
II. Receive (directly or indirectly) in connection with any government contract or project or by
reason of the office or position: Commission, gift, share, percentage, kickbacks or any other
form of pecuniary benefit from any person and/or entity
III. Illegal or fraudulent conveyance or disposition: Assets of the Government or any of its
subdivisions, agencies or instrumentalities or GOCCs and their subsidiaries
IV. Obtaining, receiving or accepting (directly or indirectly) in any business enterprise or
undertaking: Shares of stock, equity or any other form of interest or participation including
promise of future employment
V. Establishing the following to benefit particular persons or special interests: Agricultural,
industrial or commercial monopolies or other combinations and/or implementation of decrees
and orders
VI. Taking undue advantage of the following to unjustly enrich himself at the expense and to the
damage and prejudice of the country and its citizens: Official position, authority, relationship,
connection or influence

Total value or aggregate amount of the ill-gotten wealth


The ill-gotten wealth must be at least P50 Million. (as amended by R.A. 7659)

Penalties
Reclusion perpetua to death. (as amended by R.A. 7659)

Forfeiture Of The Ill-Gotten Wealth In Favor Of The State


Any or all ill-gotten wealth and their interests and other incomes and assets including the properties and
shares of stocks derived from the deposit or investment thereof shall be forfeited in favor of the State.

Court with Jurisdiction


The Sandiganbayan in its original jurisdiction, until otherwise provided by law.

Establishing the crime of Plunder


It shall not be necessary to prove each and every criminal act done by the accused. It is sufficient to
establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful
scheme or conspiracy.

Suspension from office


Any public officer against whom any criminal prosecution under a valid information under this Act in
whatever stage of execution and mode of participation, is pending in court, shall be suspended from office.

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Effect of conviction by final judgment
The public officer shall lose all retirement or gratuity benefits under any law.

Effect of acquittal
The public officer shall be entitled to reinstatement and to the salaries and other benefits which he failed to
receive during suspension, unless in the meantime, administrative proceedings have been filed against
him.

Prescription
The crime of plunder prescribes in 20 years. However, the right of the State to recover properties unlawfully
acquired by public officers from them or from their nominees or transferees shall not be barred by
prescription, laches, or estoppel.
Combination is at least two acts under different categories. Series is at least two acts under the same
category. Pattern consists of at least a combination or series. A statute is not rendered void just because
it is couched in general terms. Legal hermeneutics state that words of a statute is interpreted in natural,
plain and ordinary meaning. Plunder is mala in se. It needs proof of criminal intent. Plunder is a heinous
crime. (Estrada v. Sandiganbayan)

38. ANTI-ALIAS

RA 6085: Anti-Aliases Act


- Punishable Acts

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1. Using any name different from his/her real name
o In case of an alien, using a name different from
§ the name which was registered in the Bureau of Immigration upon entry or
§ substitute name authorized by a competent court
2. Representing himself in any public or private transaction without affixing his real name
3. Signing or executing any public or private document without stating or affixing his real name
and all names or aliases or pseudonym he is or may have been authorized
- Exception
1. Pseudonym solely for literary, cinema, television, radio or other entertainment purposes
2. Use of pseudonym in athletic events as normally accepted practice
- Petition for an Alias
1. Only for one alias
2. Set forth the person’s many names
3. Specify the reason for the use of the desired alias
4. Must be duly recorded in the proper local civil registry

Balani v. IAC
Identity may not, indeed, as the Solicitor General contends, be an issue in the criminal case, but it is
apparent that the Commission on Immigration and Deportation, the government agency tasked with the
registration of aliens, had authorized and recognized the use by the accused of the name “Tahilram J.
Balani.” There is no factual basis, therefore, for charging petitioner with illicit use thereof.

Ursua v. CA
The enactment of C.A. No. 142 as amended was made primarily to curb the common practice among the
Chinese of adopting scores of different names and aliases which created tremendous confusion in the
field of trade. Such a practice almost bordered on the crime of using fictitious names which for obvious
reasons could not be successfully maintained against the Chinese who, rightly or wrongly, claimed they
possessed a thousand and one names.

The use of a fictitious name or a different name belonging to another person in a single instance without
any sign or indication that the user intends to be known by this name in addition to his real name from
that day forth does not fall within the prohibition contained in C.A. No. 142 as amended.

People v. Estrada
The repeated use of an alias within a single day cannot be deemed “habitual,” as it does not amount to a
customary practice or use. In order to be held liable for a violation of Commonwealth Act (C.A.) No. 142,
the user of the alias must have held himself out as a person who shall publicly be known under that other
name.

39. ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY

Law:
PD 532 – “Anti-Piracy And Anti-Highway Robbery Law Of 1974”

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Policy:
To discourage lawless elements from perpetrating acts of depredations by imposing heavy penalty on
the offenders with the end in view of eliminating all obstacle to the economic, social, education and
community progress of the people

Important Terms:
1) Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its
cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation of persons or force upon things, committed by any
person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided.
2) Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or intimidation of
person or force upon things of other unlawful means, committed by any person on any Philippine
Highway.

Prohibited Acts:
1) Piracy
2) Highway Robbery/Brigandage
3) Aiding pirates of highway robber/brigands or abetting piracy of highway robbery/brigandage
- Any person who knowingly and in any manner aids or protects pirates or highway
robbers/brigands, such as giving them information about the movement of police or other peace officers
of the government, or acquires or receives property taken by such pirates or brigands or in any manner
derives any benefit therefrom; or any person who directly or indirectly abets the commission of piracy or
highway robbery or brigandage, shall be considered as an accomplice of the principal offenders and be
punished in accordance with the Rules prescribed by the Revised Penal Code. It shall be presumed that
any person who does any of the acts provided in this Section has performed knowingly, unless the
contrary is proven.

Case Doctrines:
- PD 532 does not punish acts of robbery committed against only a predetermined or a particular
victim. A single act of robbery against a particular person could not be considered as committed
against “innocent and defenseless inhabitants who travel from one place to another’ which is
outlined in PD 532.
- P.D. No. 532 treats of "highway robbery/brigandage" or "indiscriminate highway robbery" and,
therefore, if the purpose is only a particular robbery, the crime is only robbery, or robbery in band
if there are at least four armed participants.

40. ANTI-HIJACKING

- malum prohibitum

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Punishable acts
- Compelling the pilot of an aircraft of Philippine registry to change course or destination, or otherwise
usurping or seizing control while it is in flight
• in flight — when all the exterior doors thereof are closed following embarkation until opened for
disembarkation, although it has not moved away.
• If not in flight, R.A. 6235 is not violated, but it may be considered a crime under the RPC, such as
grave threats or coercion.
- Compelling an aircraft of foreign registry to land in any part of the Philippine territory or usurping or seizing
control of such. (no requirement that it be in flight)
• when the two acts mentioned above are accompanied by murder, rape, homicide or serious physical
injuries, a special complex crime is committed.
- Carrying or loading on board a passenger aircraft operating as a public utility in the Philippines,
substances which are corrosive, flammable, explosive, or poisonous
• mere carrying of mentioned substance is punished
- Shipping or loading such substances on a cargo aircraft operating as a public utility in the
Philippines in a manner not in accord with the rules and regulations issued by the Air
Transportation Office
• mere carrying is not punished but failure to comply with rules and regulations of ATO
• if the prohibited substances causes another commission of a crime, it can also be prosecuted under
the RPC unlike in the first 2 punishable acts wherein they are considered qualifying circumstances

41. DATA PRIVACY ACT

malum prohibitum

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Definition of terms
- Data subject — individual whose personal information is processed
- Consent of data subject — agreement of data subject to collection and processing of personal information
evidenced by written, electric, or recorded means
- Personal information — any information which can be used to identify an individual
- Privileged information — any information which under the Rules of Court and other pertinent laws
constitute privileged communication
- Sensitive personal information
• Race; ethnic origin; marital status; age; color; and religious, philosophical, or political affiliations
• health, education, genetic or sexual life
• any proceeding for any offense committed or imputed to such person, disposal of such proceedings,
or sentence of any court in such proceedings
• issued by government agencies peculiar to an individual such as social security numbers, previous or
cm-rent health records, licenses, or its denials, suspension, or revocation, and tax returns
• specifically established by an executive order or an act of Congress to be kept classified
Does not apply to
- Information about any past or present government employee related to his position or functions including:
• fact that he is or was a government employee
• title, business address, and his telephone number
• classification, salary range, and responsibilities of the position held by him
• his name on a document prepared by him him in the course of employment with the government
- Information about an individual who is or was performing service under contract for government that
relates to the services performed
- Information relating to any discretionary benefit of a financial nature
- Personal information processed for journalistic, artistic, literary or research purposes
- Information necessary in order to carry out functions of public authority
- Information necessary for banks and other financial institutions to comply with Anti-Money Laundering
Act
- Personal information originally collected from residents of other countries which is being processed here
Extraterritorial Application
- Applies to acts outside of the Philippines by an entity if:
• The act, practice, or processing relates to personal information about a Philippine citizen or resident
• The entity has a link with the Philippines, and it is processing personal information in the Philippines,
or the information being processed is about Philippine citizens or residents
• It has other links in the Philippines such as:
- carrying a business here
-
collecting or holding the personal information here
Punishable Acts
- Unauthorized processing of personal and sensitive personal information
- Unauthorized giving of access to personal and sensitive personal information due to negligence
- Improper disposal of personal and sensitive personal information
• knowingly or negligently disposing personal information of an individual in an area accessible to the
public

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- Processing of personal information and sensitive personal information for unauthorized purposes
- Unauthorized access or intentional breach
• knowingly and unlawfully breaks in any way into any system where personal and sensitive personal
information is stored or by violating data confidentiality and security data systems
- Concealment of security breaches involving sensitive personal information
• failure to notify commission upon knowledge of security breach
- Malicious disclosure of personal or sensitive personal information
- Unauthorized disclosure
• disclosure of personal or personal sensitive information without consent of data subject
- Any combination or series of acts enumerated above
- Extent of liability:
• If offender is a corporation, impose penalty upon responsible officers
• If juridical person, may have its rights suspended or revoked
• If alien, deport
• If public employee, perpetual or temporary absolute disqualification from office committed improper
disposal or processing for unauthorized purpose

42. CYBERCRIME

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Punishable acts
- Offenses against confidentiality, integrity, and availability of computer data and systems
• Illegal access — unauthorized access to the whole or any part of a computer system
• Illegal interception — unauthorized interception of any non-public transmission of computer data
• Data interference — unauthorized intentional or reckless alteration, damaging, deletion, or
deterioration of computer data; includes transmission of viruses
• System interference — unauthorized intentional or reckless hindering or interference of a computer or
computer network by inputting or transmitting computer data or through data interference
• Misuse of devices
- unauthorized use, production, procurement, or distribution of:
• a device, including a computer program, designed for purposes of committing any other offenses
under this Act
• an access data such as a password to access a computer system with intent to commit any other
offenses under this Act (hacking devices)
- possession of above-mentioned items with intent to use for committing any other offenses under
this Act
• Cyber-squatting
- Acquisition of a domain name (website) in bad faith to profit, mislead, destroy reputation, or deprive
others from registering the same if such domain name is:
• similar to an existing registered trademark at the time of the domain name registration
• similar with the name of a person other than the registrant
• acquired without right or with intellectual property interests in it
- Computer-related offenses
• Forgery
- unauthorized input, alteration, or deletion of any computer data resulting in inauthentic data with
intent to claim such as authentic for legal purposes
- knowingly using forged computer data as defined above to perpetuate a fraudulent or dishonest
design
• Fraud — unauthorized input, alteration, or deletion of computer data or interference in the functioning
of a computer system
• Identity theft — intentional acquisition, use, transfer, possession, alteration, or deletion of identifying
information of another natural or juridical person
- Content-related offenses
• Cybersex — willful engagement or operation of any lascivious exhibition of sexual organ or activity
using computer for favor or consideration
• Child pornography — punishable acts under Anti-Child Pornography Act committed using a computer;
1 degree higher
• Libel — commission of libel as defined in RPC using computer
- Other offenses
• Aiding or abetting — any person who willfully aids in committing any of the offenses enumerated
except for libel is liable
• Attempt — willful attempt of any offense in this Act is punishable
Disini v. Exec. Secretary

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- Punishing spamming is unconstitutional (Unsolicited commercial communications)
- No aiding and abetting with respect to libel
- Prosecution for both libel and child pornography and their online counterparts violates right against
double jeopardy
- Real-time collection of traffic data is unconstitutional
- Restriction or blocking access to computer data is unconstitutional

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43. HUMAN SECURITY ACT

Law:
RA 9372

Policy:
Protection of life, liberty, and property from acts of terrorism.

Punishable Acts:
1. Terrorism: Sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand by
committing:
a. Piracy in general and mutiny in the high seas or in the Philippine waters
b. Rebellion
c. Coup d’état, including acts committed by private persons
d. Murder
e. Kidnapping and serious illegal detention
f. Crimes involving destruction
i. Arson
ii. Toxic substances and hazardous and nuclear waste control
iii. Atomic energy regulatory and liability
iv. Hijacking
v. Piracy and highway robbery
vi. Firearms and ammunitions
2. Conspiracy to commit terrorism

Penalty:
1. 40 years of imprisonment, without the benefit of parole
2. Conspirators: 40 years of imprisonment

Other notes:
- Court of Appeals designated as special court to handle anti-terrorism cases
- Prosecution under this act bars prosecution in another SPL or the RPC
- Existence of provisions penalizing accomplice and accessory, as compared to other SPLs which
do not recognize their participation
- Exception to Anti-Wiretapping Law: Police, upon a written order of the CA, may listen to,
intercept, and record any communication between members of a judicially declared and outlawed
terrorist organization or group of persons or of any person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism.
- Exception to Exception: Correspondence between lawyers and clients, doctors and patients,
journalists and their sources and confidential business
- Official Custodial Logbook: public document made available for the inspection and scrutiny of the
lawyer/s of the person under custody, which contains information about the detained victim and
visits to him while in detention, specifically related to medical treatment
- In concurrence with Anti-Torture, but the scope under this law extends only to persons
investigating and interrogating suspects under this act
- Additional exception to the Bank Secrecy Law
- Extraterritorial application to
o Individual persons who commit any of the crimes defined and punished in this Act within
the terrestrial domain, interior waters, maritime zone, airspace of the Philippines
o Individual persons who commit, conspire or plot to commit any of the crimes defined and
punished in this Act inside the territorial limits of the PH
o Individual persons who commit any of the said crimes on board Philippine ship or
Philippine airship

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o Individual persons who commit any of said crimes within any embassy, consulate or
diplomatic premises belonging to or occupied by the Philippine government in an official
capacity
o Individual persons who commit said crimes against Philippines citizens or persons
Philippines descent, where their citizenship or ethnicity was a factor in the commission of
the crime
o Individual persons who commit said crimes directly against the Philippine government
- RPC is applicable

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