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Special Penal Laws

I. PENALIZING OBSTRUCTION OF d. publicly using a fictitious name for the
APPREHENSION AND PROSECUTION OF purpose of concealing a crime,
CRIMINAL OFFENDERS (PD 1829) evading prosecution or the execution of
a judgment, or concealing his true
1. How is obsruction of justice committed? name and other personal circumstances
• Knowingly or willfully obstructing, impeding, for the same purpose or purposes;
frustrating or delaying the apprehension of e. delaying the prosecution of criminal
suspects and the investigation and prosecution cases by obstructing the service of
of criminal cases. process or court orders or disturbing
proceedings in the fiscal's offices, in
2. What is the purpose of PD 1829? Tanodbayan, or in the courts;
• As stated in the law, the purpose is to f. making, presenting or using any
discourage public indifference or apathy record, document, paper or object with
towards the apprehension and prosecution of knowledge of its falsity and with intent
criminal offenders, it is necessary to penalize to affect the course or outcome of the
acts which obstruct or frustrate or tend to investigation of, or official proceedings
obstruct or frustrate the successful in, criminal cases;
apprehension and prosecution of criminal g. soliciting, accepting, or agreeing to
offenders. accept any benefit in consideration of
abstaining from, discounting, or
3. Who may be charged under PD 1829? impeding the prosecution of a criminal
• Any person, whether public or private, who offender;
commits the punishable acts under this Act. h. threatening directly or indirectly
• In case a public officer is found guilty, he shall another with the infliction of any
also suffer perpetual disqualification from wrong upon his person, honor or
holding public office. property or that of any immediate
member or members of his family in
4. What are the specific acts punishable under order to prevent such person from
obstruction of justice? (P2H-DAM-STG) appearing in the investigation of, or
official proceedings in, criminal cases,
a. preventing witnesses from testifying or imposing a condition, whether lawful
in any criminal proceeding or from or unlawful, in order to prevent a person
reporting the commission of any offense from appearing in the investigation of
or the identity of any offender/s by or in official proceedings in, criminal
means of bribery, misrepresentation, cases;
deceit, intimidation, force or threats; i. g i v i n g o f f a l s e o r f a b r i c a t e d
b. altering, destroying, suppressing or information to mislead or prevent the
c o n c e a l i n g a n y p a p e r, re c o rd , l a w e n f o rc e m e n t a g e n c i e s f ro m
document, or object, with intent to apprehending the offender or from
impair its verity, authenticity, legibility, protecting the life or property of the
availability, or admissibility as evidence victim; or fabricating information from
in any investigation of or official the data gathered in confidence by
proceedings in, criminal cases, or to be investigating authorities for purposes of
used in the investigation of, or official background information and not for
proceedings in, criminal cases; publication and publishing or
c. h a r b o r i n g o r c o n c e a l i n g , o r disseminating the same to mislead the
facilitating the escape of, any person investigator or to the court.
he knows, or has reasonable ground to
believe or suspect, has committed any 5. What is the penalty for obstruction of
offense under existing penal laws in justice?
order to prevent his arrest prosecution • The penalty is imprisonment, fine or both.
and conviction; Imprisonment ranges from 4 years, 2 months
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Special Penal Laws
and 1 day to 6 years (prision correccional in its The conversation and, therefore, alleged
maximum period). The fine ranges from P1,000 conspiring of Senator Ponce Enrile with Colonel
– P6,000. Honasan is too intimately tied up with his
allegedly harboring and concealing Honasan for
6. Suppose a higher penalty is imposed by practically the same act to form two separate
another law on one of abovementioned acts? crimes of rebellion and violation of PD No.
• The higher penalty shall be imposed. 1829.

7. Suppose the violator is a public official or Clearly, the petitioner's alleged act of harboring or
employee? concealing which was based on his acts of
• He shall in addition to the penalties provided conspiring with Honasan was committed in
thereunder, suffer perpetual disqualification connection with or in furtherance of rebellion and
from holding public office. must now be deemed as absorbed by, merged in,
and Identified with the crime of rebellion punished
JURISPRUDENCE AND DOCTRINE(S): in Articles 134 and 135 of the RPC.

1. Enrile vs. Amin In such a case, the independent prosecution under

PD 1829 can not prosper. 
ISSUE: Whether or not the petitioner could be
separately charged for violation of PD No. 1829 The intent or motive is a decisive factor. If
notwithstanding the rebellion case earlier filed Senator Ponce Enrile is not charged with rebellion
against Senator Juan Ponce Enrile. and he harbored or concealed Colonel Honasan
simply because the latter is a friend and former
RULING: associate, the motive for the act is completely
different. But if the act is committed with
The Enrile case gave this Court the occasion to political or social motives, that is in furtherance
reiterate the long standing proscription against of rebellion, then it should be deemed to form
splitting the component offenses of rebellion and part of the crime of rebellion instead of being
subjecting them to separate prosecutions, a punished separately. In view of the foregoing, the
procedure reprobated in the Hernandez case. petitioner can not be tried separately under PD
1829 in addition to his being prosecuted in the
In the light of the Hernandez doctrine, the rebellion case. With this ruling, there is no need for
prosecution's theory must fail. The rationale the Court to pass upon the other issues raised by
remains the same. All crimes, whether punishable the petitioner. 
under a special law or general law, which are
mere components or ingredients, or committed 2. Angeles vs. Gaite
in furtherance thereof, become absorbed in the
crime of rebellion and can not be isolated and Unserved warrants are not tantamount to a
charged as separate crimes in themselves. violation of the law on obstruction of justice.

The Hernandez and other related cases mention

common crimes as absorbed in the crime of
rebellion. These common crimes refer to all acts of
violence such as murder, arson, robbery,
kidnapping etc. as provided in the Revised Penal
Code. The attendant circumstances in the instant
case, however, constrain us to rule that the
theory of absorption in rebellion cases must not
confine itself to common crimes but also to
o ff e n s e s u n d e r s p e c i a l l a w s w h i c h a re
perpetrated in furtherance of the political
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Special Penal Laws
II. ANTI FENCING LAW (PD 1612) 6. Must a clearance or permit to sell be secured
first before selling the goods in public?
1. What is Fencing? • Yes. All stores, establishments or entities
• It is the act of any person who, with intent to dealing in the buy and sell of any good, article
gain for himself or for another, shall buy, item, object of anything of value obtained from
receive, possess, keep, acquire, conceal, sell or an unlicensed dealer or supplier thereof, shall
dispose of, or shall buy and sell, or in any other before offering the same for sale to the public,
manner deal in any article, item, object or secure the necessary clearance or permit from
anything of value which he knows, or should the station commander of the Integrated
be known to him, to have been derived from National Police in the town or city where such
the proceeds of the crime of robbery or theft. store, establishment or entity is located.

2. Who is a Fence? 7. What happens if there is a failure to secure a

• It includes any person, firm, association clearance or permit to sell?
corporation or partnership or other • Any person who fails to secure the clearance or
organization who/which commits the act of permit required by this section or who violates
fencing. any of the provisions of the rules and
regulations promulgated thereunder shall upon
3. What is the penalty? conviction be punished as a fence.
• It depends on the value of the property.

1) More than P12,000 but not exceeding 8. Penalty:
P22,000 - Prision mayor
 1. Any person who fails to secure the
2) Exceeding P22,000 - Prision mayor (max). clearance or permit required by Section
Additional of 1 year for each P10,000. 6 of P.D. 1612 or who violates any of the
However, the total penalty shall not exceed 20 provisions of these rules and regulations
years. In such cases, the penalty shall be shall upon conviction be punished as a
termed reclusion temporal and the accessory fence.
penalty pertaining thereto provided in the RPC 2. T h e I N P D i r e c t o r- G e n e r a l s h a l l
shall also be imposed
 recommend to the proper authority the
3) More than P6,000 but not exceeding cancellation of the business license of
P12,000 - Prision correccional (med and max) the erring individual, store,
4) More than P200 but not exceeding P6,000 - establishment or the entity concerned.
Prision correccional (min and med)
 3. Articles obtained from unlicensed
5) More than P50 but not exceeding P200 - sources for sale or offered for sale
Arresto mayor (med) to Prision correccional without prior compliance with the
 provisions of Section 6 of P.D. No. 1612
6) More than P5 but not exceeding P50 - and with these rules and regulations
Arresto mayor (med)
 s h a l l b e h e l d i n re s t r a i n t u n t i l
7) Not exceeding P5 - Arresto mayor (min) satisfactory evidence or legitimacy of
acquisition has been established.
4. Is an official of a juridical entity liable? 4. Articles for which no satisfactory
• Yes. The president or the manager or any evidence of legitimacy of acquisition is
officer thereof who knows or should have established and which are found to be
known the commission of the offense shall be stolen property shall likewise be held
liable. under restraint and shall, furthermore,
be subject to confiscation as evidence
5. When can there be a presumption of in the appropriate case to be filed. If,
fencing? upon termination of the case, the same
• Mere possession of any good, article, item, is not claimed by their legitimate
object, or anything of value which has been owners, the article/s shall be forfeited in
the subject of robbery or thievery shall be favor of the government and made
prima facie evidence of fencing. subject to disposition as the
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Special Penal Laws
circumstances warrant in accordance RPC or under PD 1612. However, in the latter case,
with applicable existing laws, rules and he ceases to be a mere accessory but becomes a
regulations. The Commission on Audit principal in the crime of fencing. Elsewise stated,
shall, in all cases, be notified. the crimes of robbery and theft, on the one hand,
5. Any personnel of the Integrated and fencing, on the other, are separate and distinct
National Police found violating the offenses.
provisions of Section 6 of P.D. No. 1612
or any of its implementing rules and
regulations or who, in any manner
whatsoever, connives with or through
his negligence or inaction makes
possible the commission of such
violations by any party required to
comply with the law and its
implementing rules and regulations,
shall be prosecuted criminally without
prejudice to the imposition of
administrative penalties.


1. Ong vs. People

The essential elements of the crime of fencing are

as follows:
• a crime of robbery or theft has been
• the accused, who is not a principal or an
accomplice in the commission of the crime
of robbery or theft, buys, receives,
possesses, keeps, acquires, conceals, sells or
disposes, or buys and sells, or in any manner
deals in any article, item, object or anything of
value, which has been derived from the
proceeds of the crime of robbery or theft,
• the accused knew or should have known that
the said article, item, object or anything of
value has been derived from the proceeds of
the crime of robbery or theft; and
• there is, on the part of one accused, intent to
gain for oneself or for another

The words “should know” denote the fact that a

person of reasonable prudence and intelligence
would ascertain the fact in performance of his duty
to another or would govern his conduct upon
assumption that such fact exists.

2. Dizon-Pamintuan vs. People

Evidently, the accessory in the crimes of robbery

and theft could be prosecuted as such under the
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Special Penal Laws
III. ANTI HIJACKING LAW (RA 6235) 5. Will RA 6235 apply if the aircraft is of
Philippine registry but is not in flight?
1. What are the punishable acts under PD • If the aircraft is of Philippine registry but it is
6235? not in flight and any of the four circumstances
• Usurping or seizing control of an aircraft of mentioned under R.A. 6235 is committed, the
Philippine registry while it is in flight, Anti-Hijacking Law will not apply and the acts
compelling the pilots thereof to change the will be punished accordingly under the RPC or
course or destination of the aircraft; the applicable special penal laws. The
• Usurping or seizing control of an aircraft of correlative crime may be one of grave coercion
foreign registry while within Philippine territory, or grave threat. If somebody is killed, the crime
compelling the pilots thereof to land in any is homicide or murder, as the case may be.
part of the Philippine territory;
• Carrying or loading on board an aircraft 6. Is it required that the aircraft be in flight if it
operating as a public utility passenger aircraft is of foreign registry?
in the Philippines, any flammable, corrosive, • If the aircraft is of foreign registry, it is not
explosive, substances; or poisonous required that it is in flight before R.A. 6235
• Loading, shipping or transporting on board a applies because aircrafts of foreign registry are
cargo aircraft operating as a public utility in the considered in transit while they are in foreign
Philippines, any flammable, corrosive, countries.
explosive, or poisonous substance if this was
done in accordance with the rules and 7. Is there an attempted stage in hijacking?
regulations set and promulgated by the Air • There is no hijacking in the attempted stage.
Transportation Office on this matter R.A. 6235 is a special law, where the
attempted stage is not punishable.
2. What are the aggravating circumstances?
• When the offender has fired upon the pilot, 8. What is the effect if a passenger or
member of the crew, or passenger of the complement is killed in the course of
aircraft; hijacking?
• When the offender has exploded or attempted • Where in the course of the hijacking, a
to explode any bomb or explosive to destroy passenger or complement was shot and killed.
the aircraft; The crime remains to be a violation of the
• Whenever the crime is accompanied by AntiHijacking law, but the penalty thereof shall
murder, homicide, serious physical injuries or be higher because a passenger or complement
rape; of the aircraft had been killed. The crime of
homicide or murder per se is not punished.
3. When will RA 6235 apply?
• Before the Anti-Hijacking Law or R.A. 6235
may apply, the aircraft must be of Philippine
registry and it must be in flight.

4. When is an aircraft considered in-flight?

• An aircraft is considered in flight from the
moment all exterior doors are closed following
the embarkation until such time when the
same doors are again opened for
disembarkation. (Sec. 1). This means that there
are passengers that boarded. The aircraft shall
be deemed to be already in flight even if its
engine has not yet been started.

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Special Penal Laws
IV. A N T I - P I R A C Y A N D A N T I - H I G H W AY committed by any person on any Philippine
ROBBERY LAW OF 1974 (PD 532) Highway.

1. What is covered by the term Philippine 6. What are the elements of piracy?
Waters? • That the offender be any person
• It shall refer to all bodies of water, such as but • That the offender committed any of the
not limited to, seas, gulfs, bays around, following:
between and connecting each of the Islands of • attack upon or seizure of any vessel
the Philippine Archipelago, irrespective of its • take away of the whole or part of the
depth, breadth, length or dimension, and all vessel or its cargo, equipment, or the
other waters belonging to the Philippines by personal belongings of its complement
historic or legal title, including territorial sea, or passengers, by means of violence
the sea-bed, the insular shelves, and other against or intimidation of persons or
submarine areas over which the Philippines has force upon things
sovereignty or jurisdiction. • That the offense is committed in Philippine
2. What is a vessel?
• Any vessel or watercraft used for transport of 7. When is there qualified piracy?
passengers and cargo from one place to • The penalty of reclusion temporal to death
another through Philippine Waters. It shall shall be imposed upon those who commit any
include all kinds and types of vessels or boats of the crimes referred to in the preceding
used in fishing. article, under any of the following
circumstances: (SAA)
3. What is a Philippine Highway? • Whenever they have seized a vessel by
• It shall refer to any road, street, passage, boarding or firing upon the same;
highway and bridges or other parts thereof, or • Whenever the pirates have abandoned
railway or railroad within the Philippines used their victims without means of saving
by persons, or vehicles, or locomotives or themselves; or
trains for the movement or circulation of • Whenever the crime is accompanied by
persons or transportation of goods, articles, or murder, homicide, physical injuries or
property or both. rape.

4. What is piracy? 8. Who are brigands?

• Any attack upon or seizure of any vessel, or the • When more than three armed persons form a
taking away of the whole or part thereof or its band of robbers for the purpose of committing
cargo, equipment, or the personal belongings robbery in the highway, or kidnapping persons
of its complement or passengers, irrespective for the purpose of extortion or to obtain
of the value thereof, by means of violence ransom or for any other purpose to be attained
against or intimidation of persons or force by means of force and violence, they shall be
upon things, committed by any person, deemed highway robbers or brigands.
including a passenger or member of the
complement of said vessel, in Philippine 9. What are the elements of highway robbery/
waters, shall be considered as piracy. The brigandage?
offenders shall be considered as pirates and • That the offender be any person
punished as hereinafter provided. • That the offender committed any of the
5. What is highway robbery/ brigandage? • Seizure of any person for ransom,
• The seizure of any person for ransom, extortion extortion, or other unlawful purposes;
or other unlawful purposes, or the taking away or
of the property of another by means of • By taking away of the property of
violence against or intimidation of person or another by means of violence against
force upon things of other unlawful means,
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Special Penal Laws
or intimidation of persons or force upon • It shall be presumed that any person who does
things or other unlawful means any of the acts provided in this Section has
• That the offense is committed on any performed knowingly, unless the contrary is
Philippine highway proven.
• That the manner of committing the offense
was done indiscriminately JURISPRUDENCE AND DOCTRINE(S)

10. What are the penalties for piracy? 1. People vs. Tulin
• The penalty of reclusion temporal in its
medium and maximum periods shall be Art. 122 of the RPC, before its amendment,
imposed. provided that piracy must be committed on the
• If physical injuries or other common crimes are high seas by any person not a member of its
committed as a result or on the occasion complement nor a passenger thereof. Upon its
thereof, reclusion perpetua shall be imposed. amendment by RA 7659, the coverage of the
• If rape, murder, or homicide is committed as a pertinent provision was widened to include
result of the occasion, or when the offenders offenses committed “in Philippine waters. On the
abandoned the victims without means of other hand, under PD 532, the coverage of the law
saving themselves, or when the seizure is on piracy enbraces any person including “a
accomplished by firing upon or boarding a passenger or member of t he complement of said
vessel, the mandatory penalty of death shall vessel in Philippine waters. Hence, passenger or
be imposed. not, a member of the complement or not, any
person is covered by law.
11. What are the penalties for highway robbery/
brigandage? 2. People vs. Puno and Amurao
• The penalty of reclusion temporal in its
minimum period shall be imposed. PD 532 punishes as highway robbery or
• If physical injuries or other crimes are brigandage only acts of robbery perpetrated by
committed as a result or on the occasion outlaws indiscriminately against any person or
thereof, reclusion temporal in its medium persons on Philippine highways as defined therein,
and maximum periods shall be imposed. and not acts of robbery committed against only a
• If kidnapping for ransom or extortion, or predetermined or particular victim.
murder or homicide, or rape is committed as a
result or on the occasion thereof, the penalty The essence of brigandage under the code as a
of death shall be imposed. crime of depredation wherein the unlawful acts are
directed not only against specific, intended, or
12. What does “aiding pirates or highway preconceived victims, but against any and all
robbers/brigands or abetting piracy or prospective victims anywhere on the highway and
highway robbery/brigandage” mean? whosoever they may potentially be, is the same as
• Any person who knowingly and in any manner the concept of brigandage which is maintained in
aids or protects pirates or highway robbers/ PD 532.
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
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Special Penal Laws
V. ARSON (PD 1613) PD 1613 RPC

1. How is arson committed and what is the Any of the following Any of the following
circumstances shall circumstances shall
constitute prima facie constitute prima facie
• Any person who burns or sets fire to the evidence of arson: evidence of arson:
property of another shall be punished by
Prision Mayor. 1. If the fire started 1. If after the fire, are
simultaneously in more found materials or
2. What are the elements of simple arson? than one part of the substances soaked in
building or establishment. gasoline, kerosene,
• There is intentional burning
petroleum, or other
• What is intentionally burned is an inhabited 2. If substantial amount of inflammables, or any
house or dwelling flammable substances or mechanical, electrical
materials are stored within chemical or traces or any
3. What is destructive arson? the building not necessary of the foregoing.
in the business of the
o f f e n d e r n o r f o r 2. That substantial
PD 1613 RPC household use. amount of inflammable
substance or materials
1. Any ammunition factory 1. Any arsenal, shipyard,
were stored within the
and other establishment storehouse or military
building not necessary in
where explosives, powder or fireworks
the course of the
inflammable or factory, ordinance,
defendant's business; and
combustible materials are storehouse, archives or
stored. general museum of the
3. That the fire started
2. Any archive, museum, Government.
simultaneously in more
whether public or private, 2. Any passenger train or
than one part of the
or any edifice devoted to motor vehicle in motion
building or locale under
culture, education or or vessel out of port.
circumstances that cannot
social services. 3. In an inhabited place,
normally be due to
3. Any church or place of any storehouse or factory
accidental or
worship or other building of inflammable or
unintentional causes:
where people usually explosive materials.
Provided, however, That
at least one of the
4. Any train, airplane or
following is present in any
any aircraft, vessel or
of the three above-
watercraft, or conveyance
mentioned circumstances:
for transportation of
persons or property
(a) That the total
4. Any building where
insurance carried on the
evidence is kept for use in
building and/or goods is
any legislative, judicial,
more than 80 per cent of
administrative or other
the value of such building
official proceedings.
and/or goods at the time
5. Any hospital, hotel,
of the fire;
dormitory, lodging house,
housing tenement,
(b) That the defendant
shopping center, public or
after the fire has
private market, theater or
presented a fraudulent
movie house or any
claim for loss. The penalty
similar place or building.
of prision correccional
6. Any building, whether
shall be imposed on one
used as a dwelling or not,
who plants the articles
situated in a populated or
above-mentioned, in
congested area.
order to secure a
conviction, or as a means
of extortion or coercion.

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Special Penal Laws
4. What are the other cases of arson? 7. Example of Frustrated Arson
• Any building used as offices of the government
or any of its agencies; The defendant performed all the acts conceived to
• Any inhabited house or dwelling; the burning of said house, but nevertheless, owing
• Any industrial establishment, shipyard, oil well to causes independent of his will, the criminal act
or mine shaft, platform or tunnel; which he intended was not produced.
• Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or The offense committed cannot be classified as
forest; consummated arson by the burning of said
• Any rice mill, sugar mill, cane mill or mill inhabited house, for the reason that no part of the
central; and
 building had yet commenced to burn, although, as
Any railway or bus station, airport, wharf or the piece of sack and the rag, soaked in kerosene
warehouse. oil, had been placed near partition of the entresol,
the partition might have started to burn, had the
5. W h a t a r e t h e s p e c i a l a g g r a v a t i n g fire not been put out on time. (U.S. vs. Valdez)
circumstance in arson?
• If committed with intent to gain; 8. Example of Consummated Arson
• If committed for the benefit of another;
• If the offender is motivated by spite or hatred • Any charring of the wood of the building,
towards the owner or occupant of the property whereby the fiber of the wood is destroyed, is
burned; sufficient. It is not necessary that the wood
• If committed by a syndicate.
 should be ablaze.
• The mere fact that a building is scorched or
• The offense is committed by a syndicate if it is discolored by heat is not sufficient to
planned or carried out by a group of three (3) constitute consummated arson.
or more persons. • If a part of the building commences to burn,
the crime is consummated arson however small
6. Example of Attempted Arson is the portion burned.

A person, intending to burn a wooden structure, NOTE: When there is fire, the crime committed is
collects some rags, soaks them in gasoline and either frustrated (set fire to the blankets but fire
places them beside the wooden wall of the was put out before any part of the building was
building. When he is about to light the match to burned) or consummated, but never attempted.
set fire to the rags, he is discovered by another
who chases him away. JURISPRUDENCE AND DOCTRINE(S)

The offender commences the commission of the 1. People vs. Macabando

crime directly by overt acts (placing the rags
soaked in gasoline beside the wooden wall of the PD 1613 contemplates the malicious burning of
building and lighting a match) but he does not public and private structures, regardless of size,
perform all the acts of execution (the setting fire of not included in article 320 of the RPC, as amended
the rags) due to the timely intervention of another by RA 7659. This law punishes simple arson with a
person. lesser penalty because the acts that constitute it
have a lesser degree of perversity and viciousness.
If that person is able to light or set fire to the rags Simple arson contemplates crimes with less
but the fire was put out before any part of the significant social, economic, political, and national
building was burned, it is frustrated. security implications than destructive arson.
The elements of simple arson under Sec 3(2) of PD
But if before the fire was put out, it had burned a 1613 are: (a) there is intentional burning; and (b)
part of the building, it is consummated. what is intentionally burned is an inhabited house
or dwelling.

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Special Penal Laws
2. People vs. Baluntong

In cases where both burning and death occur, in

order to determine what crime/s was/were
perpetrated – whether arson, murder, or arson and
homicide/murder, it is rigueur to ascertain the main
objective of the malefactor: (a) if the main
objective is the burning of the building or edifice,
but death results by reason or on the occasion of
arson, the crime is simply arson, and the resulting
homicide is absorbed; (b) if, on the other hand, the
main objective is to kill a particular person who
may be in a building or edifice, when fire is
resorted to as the means to accomplish such goal,
the crime committed is murder only; lastly, (c) if the
objective is, likewise, to kill a particular person, and
in fact the offender has already done so, but fire is
resorted to as a means to cover up the killing, then
there are two separate and distinct crimes
committed – homicide/murder and arson.

3. Buebos vs. People

The nature of Destructive Arson is distinguished

from Simple Arson by the degree of perversity of
viciousness of the criminal offender. The acts
committed under Art. 320 if the ROC constitution
Destructive Arson are characterized as heinous
crime “for being grievous, odious and hateful
offenses and which, by reason of their inherent or
manifest wickedness, viciousness, atrocity, and
perversity are repugnant and outrageous to
common standards and norms of decency and
morality in a just, civilized, and ordered society.”

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Special Penal Laws
VI. VIOLENCE AGAINST WOMEN AND THEIR other harm or threat of physical or
CHILDREN (RA 9262) other harm or coercion;
• Prostituting the woman or child.
1. What is the purpose of RA 9262?
• It is hereby declared that the State values the 5. What is psychological violence?
dignity of women and children and guarantees • acts or omissions causing or likely to cause
full respect for human rights mental or emotional suffering of the victim
• To protect the family and its members such as but not limited to intimidation,
particularly women and children, from violence harassment, stalking, damage to property,
and threats to their personal safety and public ridicule or humiliation, repeated verbal
security abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical,
2. What is violence against women and sexual or psychological abuse of a member of
children? the family to which the victim belongs, or to
• any act or a series of acts committed by any witness pornography in any form or to witness
person against a woman who is his wife, abusive injury to pets or to unlawful or
former wife, or against a woman with whom unwanted deprivation of the right to custody
the person has or had a sexual or dating and/or visitation of common children
relationship, or with whom he has a common
child, or against her child whether legitimate or 6. When is economic abuse present?
illegitimate, within or without the family abode, • acts that make or attempt to make a woman
which result in or is likely to result in physical, financially dependent which includes, but is
sexual, psychological harm or suffering, or not limited to the following:
economic abuse including threats of such acts, • withdrawal of financial support or
battery, assault, coercion, harassment or preventing the victim from engaging in
arbitrary deprivation of liberty. any legitimate profession, occupation,
business or activity, except in cases
3. What do you mean by physical violence? wherein the other spouse/partner
• acts that include bodily or physical harm objects on valid, serious and moral
grounds as defined in Article 73 of the
4. What is sexual violence? Family Code;
• an act which is sexual in nature, committed • deprivation or threat of deprivation of
against a woman or her child, including but not financial resources and the right to the
limited to: use and enjoyment of the conjugal,
community or property owned in
• rape, sexual harassment, acts of common;
lasciviousness, treating a woman or her • destroying household property;
child as a sex object, making • controlling the victims' own money or
demeaning and sexually suggestive properties or solely controlling the
remarks, physically attacking the sexual conjugal money or properties.
parts of the victim's body, forcing her/
him to watch obscene publications and 7. What is battery?
indecent shows or forcing the woman • an act of inflicting physical harm upon the
or her child to do indecent acts and/or woman or her child resulting to the physical
make films thereof, forcing the wife and and psychological or emotional distress.
mistress/lover to live in the conjugal
home or sleep together in the same 8. What is “Battered Woman Syndrome”?
room with the abuser; • scientifically defined pattern of psychological
• acts causing or attempting to cause the and behavioral symptoms found in women
victim to engage in any sexual activity living in battering relationships as a result of
by force, threat of force, physical or cumulative abuse.

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Special Penal Laws
9. What is stalking? • Threatening to deprive or
• an intentional act committed by a person who, actually depriving the woman or
knowingly and without lawful justification her child of custody to her/his
follows the woman or her child or places the family;
woman or her child under surveillance directly • Depriving or threatening to
or indirectly or a combination thereof. deprive the woman or her
children of financial support
10. What is a dating relationship? legally due her or her family, or
• a situation wherein the parties live as husband deliberately providing the
and wife without the benefit of marriage or are woman's children insufficient
romantically involved over time and on a financial support; (3) Depriving
continuing basis during the course of the or threatening to deprive the
relationship. A casual acquaintance or ordinary woman or her child of a legal
socialization between two individuals in a right;
business or social context is not adating • P re v e n t i n g t h e w o m a n i n
relationship. engaging in any legitimate
profession, occupation, business
11. What is sexual relations? or activity or controlling the
• a single sexual act which may or may not result victim's own money or
in the bearing of a common child properties, or solely controlling
the conjugal or common money,
12. What are the acts against women and or properties;
children? • Inflicting or threatening to inflict
• The crime of violence against women and their physical harm on oneself for the
children is committed through any of the purpose of controlling her
following acts: actions or decisions;
• Causing physical harm to the woman or • Causing or attempting to cause
her child; the woman or her child to
• Threatening to cause the woman or her engage in any sexual activity
child physical harm; which does not constitute rape,
• Attempting to cause the woman or her by force or threat of force,
child physical harm; physical har m, or through
• Placing the woman or her child in fear intimidation directed against the
of imminent physical harm; woman or her child or her/his
• Attempting to compel or compelling immediate family;
the woman or her child to engage in • Engaging in purposeful,
conduct which the woman or her child knowing, or reckless conduct,
has the right to desist from or desist personally or through another,
from conduct which the woman or her that alarms or causes substantial
child has the right to engage in, or emotional or psychological
attempting to restrict or restricting the distress to the woman or her
woman's or her child's freedom of child. This shall include, but not
movement or conduct by force or be limited to, the following acts:
threat of force, physical or other harm
or threat of physical or other harm, or ✦ Stalking or following the
intimidation directed against the woman or her child in
woman or child. This shall include, but public or private places;
not limited to, the following acts ✦ Peering in the window or
committed with the purpose or effect of lingering outside the
controlling or restricting the woman's or residence of the woman
her child's movement or conduct: or her child;

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Special Penal Laws
✦ Entering or remaining in JURISPRUDENCE AND DOCTRINE(S)
the dwelling or on the
property of the woman 1. Dabalos v. RTC
or her child against her/
his will; While it is required that the offender has or had a
✦ Destroying the property sexual or dating relationship with the offended
and personal belongings woman for RA 9262 to be applicable, it is not
or inflicting harm to indispensable that the act of violence be a
animals or pets of the consequence of such relationship. Nowhere in the
woman or her child; and law can such limitation be inferred. Hence,
✦ Engaging in any form of applying the rule on statutory construction that
harassment or violence; when the law does not distinguish, neither should
✦ Causing mental or the courts, then, clearly, the punishable acts refer
emotional anguish, to all acts of violence against women with whom
public ridicule or the offender has or had a sexual or dating
humiliation to the relationship. It is immaterial whether the
woman or her child, relationship had ceased for as long as there is
including, but not limited sufficient evidence showing the past or present
to, repeated verbal and existence of such relationship between the
emotional abuse, and offender and the victim when the physical harm
denial of financial was committed.
support or custody of
minor children of access 2. Del Socorro vs. Wilsem
to the woman's child/
children. Even if the laws of the Netherlands neither enforce
a parent’s obligation to support his child nor
13. Battered Woman Syndrome as a defense penalize the noncompliance therewith, such
obligation is still duly enforceable in the Philippines
• Victim-survivors who are found by the courts to because it would be of great injustice to the child
be suffering from battered woman syndrome to be denied of financial support when the latter is
do not incur any criminal and civil liability entitled thereto.
notwithstanding the absence of any of the
elements for justifying circumstances of self- The Territoriality Principle in criminal law, in relation
defense under the Revised Penal Code. to Art. 14 of the NCC, which provides that: “penal
• In the determination of the state of mind of the laws and those of public security and safety shall
woman who was suffering from battered be obligatory upon all who live and sojourn in the
woman syndrome at the time of the Philippine territory, subject to the principle of
commission of the crime, the courts shall be public international law and to treaty stipulations”,
assisted by expert psychiatrists/ psychologists. is applicable to a foreign national who refuses to
• A victim who is suffering from battered woman give support to his Filipino child.
syndrome shall not be disqualified from having
custody of her children. In no case shall 3. Go-Tan vs. Spouses Tan
custody of minor children be given to the
perpetrator of a woman who is suffering from While Sec. 3 OF RA 9262 provides that the
Battered woman syndrome (Sec. 28) offender be related or connected to the victim by
marriage, former marriage, or a sexual or dating
relationship, it does not preclude the application of
the principle of conspiracy under the RPC. Indeed,
Sec. 47 of RA 9262 expressly provides for the
suppletory application of the RPC. Hence, legal
principles developed from the Penal Code may be
applied in a supplementary capacity to crimes
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Special Penal Laws
punished under special laws, such as RA 9262, in
which the special law is silent on a particular

4. Ang vs. Court of Appeals

The law did not use in its provisions the colloquial

verb “romance” that implies a sexual act. It did not
say that the offender must have “romanced” the
offended woman. Rather it used the noun
“romance” to describe a couple’s relationship, i.e.,
“ a love affair.”

Clearly, the law itself distinguishes a sexual

relationship from a dating relationship. The former
“refers to a single sexual act which may or may not
result in the bearing of a common child.” The
dating relationship that the law contemplates can,
therefore, exist even without a sexual intercourse
taking place between those involved.

5. Dinamling vs. People

Psychological violence is an element of violation of

Sec. 5(i) just like the mental or emotional anguish
caused on the victim. Psychological violence is the
means employed by the perpetrator, while mental
or emotional anguish is the effect caused to or the
damage sustained by the offended party. To
establish psychological violence as an element of
the crime, it is necessary to show proof of
commission of any of the acts enumerated in Sec.
5(i) or similar acts. And to establish mental or
emotional anguish, it is necessary to present the
testimony of the victim as such experiences are
personal to this party.

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Special Penal Laws
PORNOGRAPHY (RA 9775) • refers to the act of communicating, by means
of a computer system, with a child or someone
1. Who can be considered as a child? who the offender believes to be a child for the
• refers to a person below eighteen (18) years of purpose of facilitating the commission of
age or over, but is unable to fully take care of sexual activity or production of any form of
himself/herself from abuse, neglect, cruelty, child pornography.
exploitation or discrimination because of a
physical or mental disability or condition. 6. What is pandering?
• For the purpose of this Act, a child shall also • refers to the act of offering, advertising,
refer to: promoting, representing or distributing
• a person regardless of age who is through any means any material or purported
presented, depicted or portrayed as a material that is intended to cause another to
child as defined herein; and believe that the material or purported material
• computer-generated, digitally or contains any form of child pornography,
manually crafted images or graphics of regardless of the actual content of the material
a person who is represented or who is or purported material.
made to appear to be a child as
defined herein. 7. What are the unlawful acts under RA 9775?
• To hire, employ, use, persuade, induce or
2. What is child pornography? coerce a child to perform in the creation or
• refers to any representation, whether visual, production of any form of child pornography;
audio, or written combination thereof, by • To produce, direct, manufacture or create any
electronic, mechanical, digital, optical, form of child pornography;
magnetic or any other means, of child • To publish offer, transmit, sell, distribute,
engaged or involved in real or simulated broadcast, advertise, promote, export or
explicit sexual activities. import any form of child pornography;
• To possess any form of child pornography with
3. What is explicit sexual activity? the intent to sell, distribute, publish, or
• As to form: (SBM-SLU) broadcast: Provided. That possession of three
• sexual intercourse or lascivious act (3) or more articles of child pornography of the
including, but not limited to, contact same form shall be prima facie evidence of the
involving genital to genital, oral to intent to sell, distribute, publish or broadcast;
genital, anal to genital, or oral to anal, • To knowingly, willfully and intentionally provide
whether between persons of the same a venue for the commission of prohibited acts
or opposite sex; as, but not limited to, dens, private rooms,
• bestiality; cubicles, cinemas, houses or in establishments
• masturbation; purporting to be a legitimate business;
• sadistic or masochistic abuse; • For film distributors, theaters and
• lascivious exhibition of the genitals, telecommunication companies, by themselves
buttocks, breasts, pubic area and/or or in cooperation with other entities, to
anus; or distribute any form of child pornography;
• use of any object or instrument for • For a parent, legal guardian or person having
lascivious acts custody or control of a child to knowingly
permit the child to engage, participate or
4. What is grooming? assist in any form of child pornography;
• refers to the act of preparing a child or • To engage in the luring or grooming of a child;
someone who the offender believes to be a • To engage in pandering of any form of child
child for sexual activity or sexual relationship pornography;
by communicating any form of child • To willfully access any for m of child
pornography. It includes online enticement or pornography;
enticement through any other means.
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Special Penal Laws
• To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to
commit any form of child pornography shall be
committed when two (2) or more persons
come to an agreement concerning the
commission of any of the said prohibited acts
and decide to commit it; and
• To possess any form of child pornography.

8. What is syndicated child pornography?

• The crime of child pornography is deemed
committed by a syndicate if carried out by a
group of three (3) or more persons conspiring
or confederating with one another and shall be
punished under Section 15(a) of this Act.

9. RA 10175 - Cybercrime Prevention Act of

• SEC. 4. Cybercrime Offenses. — The following
acts constitute the offense of cybercrime
punishable under this Act:
• (c) Content-related Offenses:
• Cybersex. — The willful engagement,
maintenance, control, or operation,
directly or indirectly, of any lascivious
exhibition of sexual organs or sexual
activity, with the aid of a computer
system, for favor or consideration.
• Child Pornography. — The unlawful or
prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-
Child Pornography Act of 2009,
committed through a computer system:
Provided, that the penalty to be
imposed shall be (1) one degree higher
than that provided for in Republic Act
No. 9775.

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Special Penal Laws
VIII.SPECIAL PROTECTION OF CHILDREN services needed for a good quality of
DISCRIMINATION ACT (RA 7610) e. Being a victim of a man-made or
natural disaster or calamity; or
1. Who are covered by the term “children”? f. Circumstances analogous to those
• person below eighteen (18) years of age; or abovestated which endanger the life,
• those over but are unable to fully take care of safety or normal development of
themselves or protect themselves from abuse, children.
neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or 4. What are the comprehensive programs
condition against abuse, exploitation, and
2. What is child abuse? • There shall be a comprehensive program to be
• the maltreatment, whether habitual or not, of formulated, by the Department of Justice and
the child which includes any of the following: the Department of Social Welfare and
(PAUF) Development in coordination with other
a. Psychological and physical abuse, government agencies and private sector
neglect, cruelty, sexual abuse and concerned, within one (1) year from the
emotional maltreatment; effectivity of this Act, to protect children
b. Any act by deeds or words which against child prostitution and other sexual
debases, degrades or demeans the abuse; child trafficking, obscene publications
intrinsic worth and dignity of a child as and indecent shows; other acts of abuse; and
a human being; circumstances which endanger child survival
c. Unreasonable deprivation of his basic and normal development.
needs for survival, such as food and
shelter; or 5. What are the acts punishable under RA
d. Failure to immediately give medical 7610?
treatment to an injured child resulting
in serious impairment of his growth and a. CHILD PROSTITUTION AND OTHER SEXUAL
development or in his permanent ABUSE
incapacity or death. • Children, whether male or female, who for
money, profit, or any other consideration or
3. What are the circumstances which gravely due to the coercion or influence of any adult,
threaten or endanger the survival and syndicate or group, indulge in sexual
normal development of children? intercourse or lascivious conduct, are deemed
a. Being in a community where there is to be children exploited in prostitution and
armed conflict or being affected by other sexual abuse.
armed conflict-related activities; • Persons Liable:
b. Working under conditions hazardous to • Those who engage in or promote,
life, safety and normal which unduly facilitate or induce child prostitution
interfere with their normal which include, but are not limited to,
development; the following:
c. Living in or fending for themselves in • Acting as a procurer of a child
the streets of urban or rural areas prostitute;
without the care of parents or a • Inducing a person to be a client
guardian or basic services needed for a of a child prostitute by means of
good quality of life; written or oral advertisements or
d. Being a member of a indigenous other similar means;
cultural community and/or living under • Taking advantage of influence or
conditions of extreme poverty or in an relationship to procure a child as
area which is underdeveloped and/or prostitute;
lacks or has inadequate access to basic
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Special Penal Laws
• Threatening or using violence c. CHILD TRAFFICKING
towards a child to engage him • Any person who shall engage in trading and
as a prostitute; or dealing with children including, but not limited
• Giving monetary consideration to, the act of buying and selling of a child for
goods or other pecuniary money, or for any other consideration, or
benefit to a child with intent to barter, shall suffer the penalty of reclusion
engage such child in temporal to reclusion perpetua.
• Those who commit the act of sexual d. ATTEMPT TO COMMIT CHILD TRAFFICKING
intercourse of lascivious conduct with a • When a child travels alone to a foreign country
child exploited in prostitution or subject without valid reason therefor and without
to other sexual abuse; Provided, That clearance issued by the Department of Social
when the victims is under twelve (12) Welfare and Development or written permit or
years of age, the perpetrators shall be justification from the child's parents or legal
prosecuted under Article 335, guardian;
paragraph 3, for rape and Article 336 of • When a person, agency, establishment or
Act No. 3815, as amended, the Revised child-caring institution recruits women or
Penal Code, for rape or lascivious couples to bear children for the purpose of
conduct, as the case may be: Provided, child trafficking; or
That the penalty for lascivious conduct • When a doctor, hospital or clinic official or
when the victim is under twelve (12) employee, nurse, midwife, local civil registrar
years of age shall be reclusion temporal or any other person simulates birth for the
in its medium period; and purpose of child trafficking; or
• Those who derive profit or advantage • When a person engages in the act of finding
therefrom, whether as manager or children among low-income families, hospitals,
owner of the establishment where the clinics, nurseries, day-care centers, or other
prostitution takes place, or of the child-during institutions who can be offered for
sauna, disco, bar, resort, place of the purpose of child trafficking.
entertainment or establishment serving
as a cover or which engages in e. ENGAGEMENT OF CHILDREN IN WORST
prostitution in addition to the activity FORM OF LABOR
for which the license has been issued to • No child shall be engaged in the worst forms
said establishment. of child labor. The phrase "worst forms of child
labor" shall refer to any of the following:
b. A T T E M P T T O C O M M I T C H I L D a. All forms of slavery, as defined under
PROSTITUTION the "Anti-trafficking in Persons Act of
• any person who, not being a relative of a child, 2003", or practices similar to slavery
is found alone with the said child inside the such as sale and trafficking of children,
room or cubicle of a house, an inn, hotel, debt bondage and serfdom and forced
motel, pension house, apartelle or other similar o r c o m p u l s o r y l a b o r, i n c l u d i n g
establishments, vessel, vehicle or any other recruitment of children for use in armed
hidden or secluded area under circumstances conflict; or
which would lead a reasonable person to b. The use, procuring, offering or
believe that the child is about to be exploited exposing of a child for prostitution, for
in prostitution and other sexual abuse the production of pornography or for
• any person is receiving services from a child in pornographic performances; or
a sauna parlor or bath, massage clinic, health c. The use, procuring or offering of a child
club and other similar establishments for illegal or illicit activities, including
the production and trafficking of
dangerous drugs and volatile
substances prohibited under existing
laws; or
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Special Penal Laws
d. Work which, by its nature or the f. ENGAGEMENT OF CHILDREN IN OBSCENE
circumstances in which it is carried out, PUBLICATIONS AND INDECENT SHOWS
is hazardous or likely to be harmful to • Any person who shall hire, employ, use,
the health, safety or morals of children, persuade, induce or coerce a child to perform
such that it: in obscene exhibitions and indecent shows,
a. Debases, degrades or demeans whether live or in video, or model in obscene
the intrinsic worth and dignity of publications or pornographic materials or to
a child as a human being; or sell or distribute the said materials shall suffer
b. Exposes the child to physical, the penalty of prision mayor in its medium
emotional or sexual abuse, or is period.
found to be highly stressful
psychologically or may g. O T H E R A C T S O F N E G L E C T, A B U S E ,
c. Is performed underground, CONDITIONS PREJUDICIAL TO THE
underwater or at dangerous CHILD’S DEVELOPMENT
heights; or • Any person who shall commit any other acts of
d. Involves the use of dangerous child abuse, cruelty or exploitation or to be
machinery, equipment and tools responsible for other conditions prejudicial to
s u c h a s p o w e r- d r i v e n o r the child's development
explosive power-actuated tools; • Any person who shall keep or have in his
or company a minor, twelve (12) years or under or
e. Exposes the child to physical who in ten (10) years or more his junior in any
danger such as, but not limited public or private place, hotel, motel, beer joint,
to the dangerous feats of discotheque, cabaret, pension house, sauna or
balancing, physical strength or massage parlor, beach and/or other tourist
contortion, or which requires the resort or similar places
manual transport of heavy loads; • Any person who shall induce, deliver or offer a
or minor to any one prohibited by this Act to
f. Is performed in an unhealthy keep or have in his company a minor
environment exposing the child • Any person, owner, manager or one entrusted
to hazardous working with the operation of any public or private
conditions, elements, place of accommodation, whether for
substances, co-agents or occupancy, food, drink or otherwise, including
processes involving ionizing, residential places, who allows any person to
r a d i a t i o n , f i re , f l a m m a b l e take along with him to such place or places any
substances, noxious minor
components and the like, or to • Any person who shall use, coerce, force or
extreme temperatures, noise intimidate a street child or any other child to;
levels, or vibrations; or • Beg or use begging as a means of
g. Is performed under particularly living;
difficult conditions; or • Act as conduit or middlemen in drug
h. Exposes the child to biological trafficking or pushing; or
agents such as bacteria, fungi, • Conduct any illegal activities
viruses, protozoans, nematodes
and other parasites; or h. EMPLOYMENT OF CHILDREN AS MODEL IN
handling of explosives and PROMOTING ALCOHOLIC BEVERAGES,
other pyrotechnic products.” INTOXICATING DRINKS, TOBACCO AND ITS

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Special Penal Laws
i. D I S C R I M I N AT I O N O F C H I L D R E N O F human being that was so essential in the crime of
Note: this is a case where the court considered
JURISPRUDENCE AND DOCTRINE(S) intent despite the act being malum prohibitum

1. Caballo v. People 4. People vs. Bonaagua

A child is deemed exploited in prostitution or Sec. 5(b), Art. III of Ra 7610 punishes sexual
subjected to other sexual abuse, when the child intercourse or lascivious conduct not only with a
indulges in sexual intercourse or lascivious conduct child exploited in prostitution, but also with a child
(a) for money, profit, or any other consideration; or subjected to other sexual abuses. It covers not only
(b) under the coercion or influence of any adult, a situation where a child is abused for profit, but
syndicate, or group. also where one, through coercion, intimidation, or
influence, engages in sexual intercourse or
Coercion- improper use of power to compel lascivious conduct with a child.
another to submit to the wishes of one who wields
it. However, pursuant to the foregoing provision,
before an accused can be convicted of child abuse
Influence- improper use of power or trust in any through lascivious conduct committed against a
way that deprives a person of free will and minor below 12 years of age, the requisites for acts
substitute another’s objective of lasciviousness under Art. 336 of the RPC must
be met in addition to the requisites for sexual
2. People v. Dahilig abuse under Sc.5 of RA 7610.

Under Sec. 5(b), Art. III of Ra 7610, in relation to

RA 8353, if the victim of sexual abuse is below 12
years of age, the offender should not be
prosecuted for sexual abuse but for statutory rape
under Art. 266-A(1)(d) of the RPC and penalized
with reclusion perpetua. On the other hand, if the
victim is 12 years or older, the offender should be
charged with either sexual abuse under Sec. 5(b) of
RA 7610 OR rape under Art. 266-A (except par.
1[d]) of the RPC.

3. Bongalon vs. People

The records did not establish beyond reasonable

doubt that his laying of hands on Jayson had been
intended to debase the “intrinsic worth and
dignity” of Jayson as a human being, or that he
had thereby intended to humiliate or embarrass
Jayson. The records showed the laying of hands on
Jayson to have been done at the spur of the
moment and in anger, indicative of his being then
overwhelmed by his fatherly concern for the
personal safety of his own minor daughters who
had just suffered harm at the hands of Jayson and
Roldan. With the loss of his self-control, he lacked
that specific intent to debase, degrade, or demean
the intrinsic worth and dignity of a child as a

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Special Penal Laws
IX. ANTI TRAFFICKING IN PERSONS ACT (RA 5. What is sexual exploitation?
9208, as amended by RA No. 10364) • It refers to participation by a person in
prostitution or the production of pornographic
1. What is trafficking in persons? materials as a result of being subjected to a
• It refers to the recruitment, transportation, threat, deception, coercion, abduction, force,
transfer or harboring, or receipt of persons abuse of authority, debt bondage, fraud or
with or without the victim’s consent or through abuse of a victim’s vulnerability.
knowledge, within or across national borders
by means of threat or use of force, or other 6. What is debt bondage?
forms of coercion, abduction, fraud, deception, • It refers to the pledging by the debtor of his/
abuse of power or of position, taking her personal services or labor or those of a
advantage of the vulnerability of the person, person under his/her control as security or
or, the giving or receiving of payments or payment for a debt, when the length and
benefits to achieve the consent of a person nature of services is not clearly defined or
having control over another person for the when the value of the services as reasonably
purpose of exploitation which includes at a assessed is not applied toward the liquidation
minimum, the exploitation or the prostitution of the debt.
of others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or 7. What is pornography?
the removal or sale of organs. • refers to any representation, through
• The recruitment, transportation, transfer, publication, exhibition, cinematography,
harboring or receipt of a child for the purpose indecent shows, information technology, or by
of exploitation shall also be considered as whatever means, of a person engaged in real
“trafficking in persons” even if it does not or simulated explicit sexual activities or any
involve any of the means set forth in the representation of the sexual parts of a person
preceding paragraph. for primarily sexual purposes.

2. What is prostitution? 8. What are the punishable acts? (IM-PARAH-D-

• It refers to any act, transaction, scheme or BRAT)
design involving the use of a person by a. To introduce or match for money, profit, or
another, for sexual intercourse or lascivious material, economic or other consideration, any
conduct in exchange for money, profit or any person or, as provided for under Republic Act
other consideration. No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of
3. What is forced labor and slavery? acquiring, buying, offering, selling or trading
• It is the extraction of work or services from any him/her to engage in prostitution,
person by means of enticement, violence, pornography, sexual exploitation, forced labor,
intimidation or threat, use of force or coercion, slavery, involuntary servitude or debt bondage.
including deprivation of freedom, abuse of b. To offer or contract marriage, real or
authority or moral ascendancy, debt-bondage simulated, for the purpose of acquiring,
or deception. buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual
4. What is sex tourism? exploitation, forced labor or slavery, involuntary
• It refers to a program organized by travel and servitude or debt bondage.
tourism-related establishments and individuals c. To maintain or hire a person to engage in
which consists of tourism packages or prostitution or pornography.
activities, utilizing and offering escort and d. To adopt persons by any form of consideration
sexual services as enticement for tourists. This for exploitive purposes or facilitate the same
includes sexual services and practices offered for the purpose of prostitution, pornography,
during rest and recreation periods for sexual exploitation, forced labor, slavery,
members of the military. involuntary servitude, or debt bondage.

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Special Penal Laws
e. To recruit, obtain, hire, provide, offer, 1. To believe that if the person did not
transport, transfer, maintain, harbor, or receive perform such labor or services, he or
a person by all means, including those done she or another person would suffer
under the pretext of domestic or overseas serious harm or physical restraint; or
employment or training or apprenticeship, for 2. To abuse or threaten the use of law or
the purpose of prostitution, pornography, or the legal processes
sexual exploitation k. To recruit, transport, obtain, transfer, harbor,
f. To adopt or facilitate the adoption of persons maintain, offer, hire, provide, receive or adopt a
for the purpose of prostitution, pornography, child to engage in armed activities in the
sexual exploitation, forced labor, slavery, Philippines or abroad
involuntary servitude or debt bondage l. To undertake or organize tours and travel plans
g. To recruit, hire, adopt, transport, transfer, consisting of tourism packages or activities for
obtain, harbor, maintain, provide, offer, receive the purpose of utilizing and offering persons
or abduct a person, by means of threat or use for prostitution, pornography or sexual
of force, fraud, deceit, violence, coercion, or exploitation
intimidation for the purpose of removal or sale
of organs of said person The penalty is imprisonment for a period of 20
h. To organize or direct other persons to commit years and a fine of not less than P1 Million but not
the offenses defined as acts of trafficking under more than P2 Million.
this Act.
i. To recruit, transport, harbor, obtain, transfer, 9. What are the punishable acts that promote
maintain, hire, offer, provide, adopt or receive a trafficking in persons and what is the
child for purposes of exploitation or trading penalty? (CAMEL-PIE-DO)
them, including but not limited to, the act of a. To produce, print and issue or distribute
baring and/or selling a child for any unissued, tampered or fake counseling
consideration or for barter for purposes of certificates, registration stickers, overseas
exploitation. Trafficking for purposes of employment certificates or other certificates of
exploitation of children shall include: any government agency which issues these
1. All forms of slavery or practices similar certificates, decals and such other markers as
to slavery, involuntary servitude, debt proof of compliance with gover nment
bondage and forced labor, including regulatory and pre-departure requirements for
recruitment of children for use in armed the purpose of promoting trafficking in persons
conflict; b. To advertise, publish, print, broadcast or
2. The use, procuring or offering of a child distribute, or cause the advertisement,
for prostitution, for the production of publication, printing, broadcasting or
pornography, or for pornographic distribution by any means, including the use of
performances; information technology and the internet, of any
3. The use, procuring or offering of a child brochure, flyer, or any propaganda material
for the production and trafficking of that promotes trafficking in persons.
drugs; and c. To assist in the conduct of misrepresentation
4. The use, procuring or offering of a child or fraud for purposes of facilitating the
for illegal activities or work which, by its acquisition of clearances and necessary exit
nature or the circumstances in which it is documents from government agencies that are
carried out, is likely to harm their health, mandated to provide pre-departure registration
safety or morals and services for departing persons for the
j. To recruit, transport, transfer, harbor, obtain, purpose of promoting trafficking in persons.
maintain, offer, hire, provide or receive a d. To facilitate, assist or help in the exit and entry
person by means defined in Section 3 of this of persons from/to the country at international
Act for purposes of forced labor, slavery, debt and local airports, territorial boundaries and
bondage and involuntary servitude, including a seaports who are in possession of unissued,
scheme, plan, or pattern intended to cause the tampered or fraudulent travel documents for
person either:
/wncverder2016 Page !22 of !66
Special Penal Laws
the purpose of promoting trafficking in e. When the offender is a spouse, ascendant,
persons. parent, sibling, guardian or a person who
e. To knowingly lease or sublease, use or allow to exercises authority over the trafficked person or
be used any house, building or establishment when the offense is committed by a public
for the purpose of promoting trafficking in officer or employee.
persons. f. When by reason or on occasion of the act of
f. To confiscate, conceal, or destroy the passport, trafficking in persons, the offended party dies,
travel documents, or personal documents or becomes insane, suffers mutilation or is
belongings of trafficked persons in furtherance afflicted with Human Immunodeficiency Virus
of trafficking or to prevent them from leaving (HIV) or the Acquired Immune Deficiency
the country or seeking redress from the Syndrome (AIDS)
government or appropriate agencies. g. When the crime is committed by a syndicate,
g. To knowingly benefit from, financial or or in large scale. Trafficking is deemed
otherwise, or make use of, the labor or services committed by a syndicate if carried out by a
of a person held to a condition of involuntary group of three (3) or more persons conspiring
servitude, forced labor, or slavery or confederating with one another. It is
h. To tamper with, destroy, or cause the deemed committed in large scale if committed
destruction of evidence, or to influence or against three (3) or more persons, individually
attempt to influence witnesses, in an or as a group.
investigation or prosecution of a case under h. When the offender directs or through another
this Act manages the trafficking victim in carrying out
i. To destroy, conceal, remove, confiscate or the exploitative purpose of trafficking
possess, or attempt to destroy, conceal, i. When the offender commits one or more
remove, confiscate or possess, any actual or violations of Section 4 over a period of sixty
purported passport or other travel, immigration (60) or more days, whether those days are
or working permit or document, or any other continuous or not
actual or purported government identification,
of any person in order to prevent or restrict, or In these cases, the penalty is life imprisonment and
attempt to prevent or restrict, without lawful a fine of not less than P2 Million, but not more than
authority, the person’s liberty to move or travel P5 Million.
in order to maintain the labor or services of that
person 10. Who can prosecute the case?
j. To utilize his or her office to impede the • Children
investigation, prosecution or execution of • Any person who has personal
lawful orders in a case under this Act. knowledge of the commission of any
offense under this Act.
11. What acts are considered as “qualified • Trafficked person
trafficking in persons” and what is the • Parents
penalty? • Legal guardian
a. When the trafficked person is recruited to • Spouse
engage in prostitution with any member of the • Siblings
military or law enforcement agencies.
b. When the adoption is effected through 11. Where should the case be filed (venue)?
Republic Act No. 8043, otherwise known as the • A criminal action arising from violation of this
“Inter-Country Adoption Act of 1995” and said law shall be filed where the offense was
adoption is for the purpose of prostitution, committed, or where any of its elements
pornography, sexual exploitation, forced labor, occurred, or where the trafficked person
slavery, involuntary servitude or debt bondage actually resides at the time of the commission
c. When the trafficked person is a child. of the offense: Provided, That the court where
d. When the offender is a member of the military the criminal action is first filed shall acquire
or law enforcement agencies jurisdiction to the exclusion of other courts.

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Special Penal Laws
12. How about foreigners?
• If the offender is a foreigner, he shall be
immediately deported after serving his
sentence and be barred permanently from
entering the country.
• On the other hand, the DOJ, in consultation
with DFA, shall endeavor to include offenses of
trafficking in persons among extraditable
• Trafficked persons in the Philippines who are
foreign nationals shall, subject to the
guidelines issued by the Council, shall also be
entitled to appropriate protection, assistance
and services available to trafficked persons
under this law. That they shall be permitted
continued presence in the Philippines for a
length of time prescribed by the Council as
necessary to effect the prosecution of

13. What is the prescriptive period for the

• Trafficking cases under this law shall prescribe
in 10 years. Trafficking cases committed by a
syndicate or in a large scale shall prescribe in
20 years. The prescriptive period shall
commence to run from the day on which the
trafficked person is delivered or released from
the conditions of bondage and shall be
interrupted by the filing of the complaint or
information and shall commence to run again
when such proceedings terminate without the
accused being convicted or acquitted or are
unjustifiably stopped for any reason not
imputable to the accused.

14. What are the mandatory services to

trafficked persons?
• Emergency shelter or appropriate housing.
• Counseling.
• Free legal services which shall include
information about the victims’ rights and the
procedure for filing complaints, claiming
compensation and such other legal remedies
available to them, in a language understood
by the trafficked person.
• Medical or psychological services.
• Livelihood and skills training.
• Educational assistance to a trafficked child.

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X. ANTI-PHOTO AND VIDEO VOYEURISM ACT sexual act or any similar activity, or capturing
(RA 9995) an image of the private area of a person, under
circumstances in which the said person has a
1. Definition of Terms reasonable expectation of privacy;
• The copying or reproduction of such photo or
a. Broadcast video recording of the sexual act;
• means to make public, by any means, a visual • The selling or distribution of such photo or
image with the intent that it be viewed by a video recording;
person or persons. • The publication or broadcasting, whether in
print or broadcast media, or the showing of
b. Capture such sexual act or any similar activity through
• with respect to an image, means to videotape, VCD/DVD, the internet, cellular phones, and
photograph, film, record by any means, or other similar means or devices without the
broadcast. written consent of the persons featured.[2]

c. Photo or Video Voyeurism Prohibitions numbered 2, 3, and 4 will still apply

• It is the act of taking photo or video coverage even if the person or persons featured in the photo
of a person or group of persons performing or video consented to the taking of the photo or
sexual act or any similar activity or of capturing recording of the sexual act.
an image of the private area of a person or
persons without the latter's consent, under 3. Will one be liable for the non-commercial
circumstances in which such person/s has/have copying or reproduction of said photo or
a reasonable expectation of privacy, or the act video?
of selling, copying, reproducing, broadcasting, • Yes. The mere copying or reproduction of said
sharing, showing or exhibiting the photo or material will make one liable under the law
video coverage or recordings of such sexual regardless of the reason or whether one profits
act or similar activity through VCD/DVD, or not from such act.[7] Indeed, the mere
internet, cellular phones and similar means or showing of the material on one’s cellphone
device without the written consent of the would violate the law.
person/s involved, notwithstanding that
consent to record or take photo or video
coverage of same was given by such person's.

d. Private area of a person/s

• The “private area of a person” includes naked
or undergarment-clad genitals, pubic area,
buttocks, or the female breast.

e. Under circumstances where a person has

reasonable expectancy of privacy
• When the person believes that one
could undress in privacy without being
concerned that an image of him or her
is being taken; and,
• When a reasonable person would
believe that one’s private area would
not be visible regardless of whether the
person is in a public or private place.

2. What are the punishable acts under this Act?

• The unconsented taking of a photo or video of
a person or group of persons engaged in a
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XI. COMPREHENSIVE DANGEROUS DRUGS • Turnover of the marked illegal drug seized by
ACT (9165) the forensic chemist to the court

1. What are the elements to be established in 5. What is delivery of dangerous drugs?

order to sustain conviction for ILLEGAL SALE • Any act of knowingly passing a dangerous
of dangerous drugs? drug to another, personally or otherwise, and
• Proof that the transaction or sale took place by any means, with or without consideration.
• The identities of the buyer and seller,
object, and consideration; and 6. What is trading?
• The delivery of the thing sold and the • Transactions involving the illegal trafficking of
payment for it. dangerous drugs and/or controlled precursors
• Presentation in court of the corpus delicti or and essential chemicals using electronic
the illicit drugs as evidence 
 devices such as, but not limited to, text
messages, email, mobile or landlines, two-way
2. What are the elements to be established to radios, internet, instant messengers and chat
sustain conviction for ILLEGAL POSSESSION rooms or acting as a broker in any of such
of dangerous drugs? transactions whether for money or any other
• The accused was in possession of an consideration in violation of this Act.
item or an object identified to be
prohibited or regulated drug 7. What is drug use?
• Such possession is not authorized by • Any act of injecting, intravenously or
law intramuscularly, of consuming, either by
• The accused was freely and consciously chewing, smoking, sniffing, eating, swallowing,
aware of being in possession of the drinking or otherwise introducing into the
drug physiological system of the body, and of the
• The evidence of corpus delicti must be dangerous drugs.
established beyond reasonable doubt 

3. What is chain of custody?
• The duly recorded authorized movements and 1. People vs. Tira
custody of seized drugs or controlled
chemicals or plant sources of dangerous drugs This crime is mala prohibita, and, as such, criminal
or laboratory equipment of each stage, from intent is not an essential element. However, the
the time of seizure/confiscation to receipt in prosecution must prove that the accused had
the forensic laboratory to safekeeping to the intent to possess (animus posidendi) the
presentation in court for destruction. Such drugs.
record of movements and custody of seized
item shall include the identity and signature of Possession, under the law, includes not only actual
the person who held temporary custody of the possession, but also constructive possession.
seized item, the date and time when such Actual possession exists when the drug is in the
transfer of custody were made in the course of immediate physical possession or control of the
safekeeping and use in court as evidence, and accused. On the other hand, constructive
the final disposition. possession exists when the drug is under the
dominion and control of the accused or when he
4. What are the links in chain of custody? has the right to exercise dominion and control over
• Marking of the drugs recovered from the the place where it is found. Exclusive possession or
accused by the apprehending officer control is not necessary. The accused cannot avoid
• Tur nover of the seized drugs by the conviction if his right to exercise control and
apprehending officer to the investigating dominion over the place where the contraband is
officer located, is shared with another. 

• Turnover by the investing officer to the forensic
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2. People vs. Dasigan in a port of the Philippine Islands with intent to
discharge its cargo.
It is material in illegal sale of dangerous drugs that
the sale actually took place, and what
consummates the buy-bust transaction is the
delivery of the drugs to the poseur-buyer and, in
turn, the seller's receipt of the marked money.
While the parties may have agreed on the
selling price of the shabu and delivery of
payment was intended, these do not prove
consummated sale. Receipt of the marked money,
whether done before delivery of the drugs or after,
is required. 

3. People vs. Asislo

“Transport" means "to carry or convey from one

place to another.” 

There is no definitive moment when an accused

"transports" a prohibited drug. When the
circumstances establish the purpose of an
accused to transport and the fact of
transportation itself, there should be no
question as to the perpetration of the criminal
act. The fact that there is actual conveyance
suffices to support a finding that the act of
transporting was committed. 

4. People vs. Chi Chan Liu

There can be no question that, unless a ship on

which opium is alleged to have been illegally
imported comes from a foreign country, there is no

In order to establish the crime of importation as

defined by the Opium Law, it must be shown that
the vessel from which the opium is landed or on
which it arrived in Philippine waters came from a
foreign port. Section 4 of Act No. 2381 provides
• Any person who shall unlawfully import
or bring any prohibited drug into the
Philippine Islands, or assist in so doing,
shall be punished . . . .

It was not necessary that the opium be discharged

or that it be taken from the ship. It was sufficient
that the opium was brought into the waters of the
Philippine Islands on a boat destined for a
Philippine port and which subsequently anchored
/wncverder2016 Page !27 of !66
Special Penal Laws
XII. CODIFYING THE LAWS ON ILLEGAL/ used or intended to be used for the
UNLAWFUL POSSESSION, MANUFACTURE, manufacture, construction, assembly, delivery
DISPOSITION OF FIREARMS, AMMUNITION, • To the owner, president, manager, director or
OR EXPLOSIVES (PD 1866) AS AMENDED other responsible officer of any public or
BY RA NOS. 8294 AND 9516 private firm, company, corporation or entity
who willfully or knowingly allow any explosive
1. W h a t a r e t h e r e a s o n s f o r t h e or incendiary device or parts thereof owned or
implementation of this Act? (Whereas controlled by such firm, company, corporation
clauses) or entity to be used by any person or persons
• there has been an upsurge of crimes vitally found guilty of committing the two preceding
affecting public order and safety due to the unlawful acts
proliferation of illegally possessed and
manufactured firearms, ammunition and 5. What is the mandate of RA 9516 regarding
explosives; mere possession of explosives?
• these criminal acts have resulted in loss of • Mere possession of any explosive or incendiary
human lives, damage to property and device shall be prima facie evidence that the
destruction of valuable resources of the person had knowledge of the existence and
country; the explosive or incendiary character of the
• there are various laws and presidential decrees device, or the mere possession of any part,
which penalized illegal possession and ingredient, machinery, tool or instrument
manufacture of firearms, ammunition and directly used in the manufacture, construction,
explosives; assembly, delivery or detonation of any
• there is a need to consolidate, codify and explosive or incendiary device, by any person
integrate said laws and presidential decrees to whose business.
harmonize their provisions;
• there are some provisions in said laws and 6. SECTION 1 amended Section 3 of P 1866
presidential decrees which must be updated • Section 3. Unlawful Manufacture, Sales,
and revised in order to more effectively deter Acquisition, Disposition, Importation or
violators of the law on firearms, ammunition Possession of an Explosive or Incendiary
and explosives. Device. - The penalty of reclusion perpetua
(In the old law, it is reclusion temporal in its
2. RA 9516 amends Presidential Decree No. maximum period to reclusion perpetua) shall
1866, on Illegal Possession of Firearms and be imposed upon any person who shall willfully
Explosives. and unlawfully manufacture, assemble, deal in,
acquire, dispose, import or possess any
3. RA 9516 penalizes any person or firm found explosive or incendiary device, with knowledge
guilty of the following: of its existence and its explosive or incendiary
• possessing or manufacturing illegal explosives character, where the explosive or incendiary
• acquiring or disposing of firearms, ammunition device is capable of producing destructive
or explosives or instruments used in the effect on contiguous objects or causing injury
manufacture of firearms are subject to stiffer or death to any person, including but not
penalties. limited to, hand grenade(s), rifle grenade(s),
'pillbox bomb', 'molotov cocktail bomb', 'fire
4. What prohibited acts are punishable by life bomb', and other similar explosive and
imprisonment? incendiary devices.
• Unlawful manufacture, sales, acquisition, • "Provided, That mere possession of any
disposition, importation, or possession of an explosive or incendiary device shall be prima
explosive or incendiary device; facie evidence that the person had
• Unlawful manufacture, sale, acquisition, knowledge of the existence and the
disposition, importation or possession of a explosive or incendiary character of the
part, ingredient, machinery, tool or instrument device.
/wncverder2016 Page !28 of !66
Special Penal Laws
• "Provided, however, That a temporary, device, by any person whose business
incidental, casual, harmless, or transient activity, or employment does not lawfully
possession or control of any explosive or deal with the possession of such article shall
incendiary device, without the knowledge of be prima facie evidence that such article is
its existence or its explosive or incendiary intended to be used by that person in the
character, shall NOT be a violation of this unlawful/illegal manufacture, construction,
Section. assembly, delivery or detonation of an
• "Provided, Further, That the temporary, explosive or incendiary device.
incidental, casual, harmless, or transient • "Provided, however, That a temporary
possession or control of any explosive or incidental, casual, harmless or transient
incendiary device for the sole purpose of possession or control of any part, machinery,
surrendering it to the proper authorities tool or instrument directly used in the
shall not be a violation of this Section. manufacture, construction, assembly, delivery
• "Provided, finally, That in addition to the or detonation of any explosive or incendiary
instances provided in the two (2) immediately device, without the knowledge of its existence
preceeding paragraphs, the court may or character as part, ingredient, machinery, tool
determine the absence of the intent to or instrument directly used in the manufacture,
possess, otherwise referred to as 'animus construction, assembly, delivery or detonation
possidendi", in accordance with the facts and of any explosive or incendiary device, shall not
circumstances of each case and the application be a violation of this Section.
of other pertinent laws, among other things, • "Provided, Further, That the temporary,
Articles 11 and 12 of the Revised Penal Code, incidental, casual, harmless, or transient
as amended." possession or control of any part, ingredient,
machinery, tool or instrument directly used in
7. Section 2. Section 4 of Presidential Decree the manufacture, construction, assembly,
No. 1866, as amended, is hereby further delivery or detonation of any explosive or
amended to read as follows: incendiary device for the sole purpose of
• "SEC 3-A. Unlawful Manufacture, Sales, surrendering it to the proper authorities
Acquisition, Disposition, Importation or shall not be a violation of this Section.
Possession of a Part, Ingredient, Machinery, • "Provided, finally, That in addition to the
Tool or Instrument Used or Intended to be instances provided in the two (2) immediately
Used for the Manufacture, Construction, preceeding paragraphs, the court may
Assembly, Delivery or Detonation. - The determine the absence of the intent to
penalty of reclusion perpetua shall be possess, otherwise referred to as 'animus
imposed upon any person who shall willfully possidendi', in accordance with the facts and
and unlawfully manufacture, assemble, deal in, circumstances of each case and the application
acquire, dispose, import or possess any part, of other pertinent laws, among other things,
ingredient, machinery, tool or instrument of Articles 11 and 12 of the Revised Penal Code,
any explosive or incendiary device, whether as amended."
chemical, mechanical, electronic, electrical or
otherwise, used or intended to be used by that 8. Section 3. Insert a new Section 3-B, 3-C, 3-D,
person for its manufacture, construction, 4, 4-A, 4-B, 4-C, 4-D, 4-E, 4-E and 4-F in
assembly, delivery or detonation, where the Presidential Decree No. 1866 to read as
explosive or incendiary device is capable or is follows:
intended to be made capable of producing • "SEC. 3-B. Penalty for the Owner, President,
destructive effect on contiguous objects or Manager, Director or Other Responsible
causing injury or death to any person. Officer of Any Public or Private Firm,
• "Provided, That the mere possession of any Company, Corporation or Entity. - The
part, ingredient, machinery, tool or penalty of reclusion perpetua shall be
instrument directly used in the manufacture, imposed upon the owner, president, manager,
c o n s t r u c t i o n , a s s e m b l y, d e l i v e r y o r director or other responsible officer of any
detonation of any explosive or incendiary public or private firm, company, corporation or
/wncverder2016 Page !29 of !66
Special Penal Laws
entity, who shall willfully or knowingly allow preceding paragraph shall be penalized with
any explosive or incendiary device or parts prision correccional and a fine of not less than
thereof owned or controlled by such firm, Ten Thousand pesos (P10,000.00) but not more
company, corporation or entity to be used by than Fifty thousand pesos (P50,000.00) and in
any person or persons found guilty of violating addition, perpetual absolute disqualification
the provisions of the preceding paragraphs. from public office if despite due notice to
• "SEC. 3-C. Relationship of Other Crimes with them and to the witness concerned, the
a Violation of this Decree and the Penalty former does not exert reasonable effort to
Therefor. - When a violation of Section 3, 3-A present the latter to the court.
or 3-B of this Decree is a necessary means for • "The member of the law enforcement agency
committing any of the crimes defined in the or any other government employee mentioned
Revised Penal Code or special laws, or is in in the preceding paragraphs shall not be
furtherance of, incident to, in connection with, transferred or reassigned to any other
by reason of, or on occassion of any of the government office located in another territorial
crimes defined in the Revised Penal Code or jurisdiction during the pendency of the case in
special laws, the penalty of reclusion perpetua court. However, the concerned member of
and a fine ranging from One hundred the law enforcement agency or government
Thousand pesos (P100,000.00) to One million employee may be transferred or reassigned
pesos (P1,000,000.00) shall be imposed. for compelling reasons: Provided, That his/her
• "SEC. 3-D. Former Conviction or Acquittal; immediate superior shall notify the court where
Double Jeopardy. - Subject to the provisions the case is pending of the order to transfer or
of the Rules of Court on double jeopardy, if reassign, within twenty-four (24) hours from its
the application thereof is more favorable to approval: Provided, further, That his/her
the accused, the conviction or acquittal of immediate superior shall be penalized with
the accused or the dismissal of the case for prision correccional and a fine of not less than
violation of this Decree shall be a bar to Ten thousand pesos (P10,000.00) but not more
another prosecution of the same accused for than Fifty thousand pesos (P50,000.00) and in
any offense where the violation of this Decree addition, perpetual absolute disqualification
was a necessary means for committing the from public office, should he/she fail to notify
offense or in furtherance of which, incident to the court of such order to transfer or reassign.
which, in connection with which, by reason of • "Prosecution and punishment under this
which, or on occasion of which, the violation of Section shall be without prejudice to any
this Decree was committed, and vice versa. liability for violation of any existing law.
• "SEC. 4. Responsibility and liability of Law • "SEC 4-A. Criminal Liability for Planting of
Enforcement Agencies and Other Evidence. - Any person who is found guilty of
Government Officials and Employees in 'planting' any explosive or incendiary device or
Testifying as Prosecution Witnesses. - Any any part, ingredient, machinery, tool or
member of law enforcement agencies or any instrument of any explosive or incendiary
other government official and employee who, device, whether chemical, mechanical,
after due notice, fails or refuses, electronic, electrical or otherwise, shall suffer
intentionally or negligently, to appear as a the penalty of reclusion perpetua.
witness for the prosecution of the defense in • "Planting of evidence shall mean the willful
any proceeding, involving violations of this act by any person of maliciously and
Decree, without any valid reason, shall be surreptitiously inserting, placing, adding or
punished with reclusion temporal and a fine of attaching, directly or indirectly, through any
Five hundred Thousand pesos (P500,000.00) in overt or covert act, whatever quantity of any
addition to the administrative liability he/she explosive or incendiary device or any part,
may be meted out by his/her immediate ingredient, machinery, tool or instrument of
superior and/or appropriate body. any explosive or incendiary device, whether
• "The immediate superior of the member of the chemical, mechanical, electronic, electrical or
law enforcement agency or any other otherwise in the person, house, effects or in
government employee mentioned in the the immediate vicinity of an innocent
/wncverder2016 Page !30 of !66
Special Penal Laws
individual for the purpose of implicating JURISPRUDENCE AND DOCTRINE(S)
incriminating or imputing the commission of
any violation of this Decree. 1. Dizon vs. Court of Appeals
• "SEC. 4-B. Continuous Trial. - In cases • This is a petition for review of the decision of
involving violations of this Decree, the judge the Court of Appeals[if !supportFootnotes][1]
shall set the case for continuous trial on a [endif] affirming the ruling of the Regional Trial
daily basis from Monday to Friday or other Court of Manila (Branch 49) which found
short-term trial calendar so as to ensure accused-appellant guilty of illegal possession
speedy trial. Such case shall be terminated of pillbox in violation of 3 of Presidential
within ninety (90) days from arraignment of the Decree (P.D.) No. 1866
accused. • Allegation in the Information: One (1) Pill box
• "SEC. 4-C. Authority to Import, Sell or bomb wrapped in an aluminum foil with
Possess Chemicals or Accessories for electrical tape and black powder
Explosives. - Only persons or entities issued • which he carried outside of his residence not
a manufacturer's license, dealer's license or for the purpose of surrendering the same and
purchaser's license by the Philippine without first having secured the necessary
N a t i o n a l P o l i c e ( P N P ) - F i re a r m s a n d license or permit therefor from the proper
Explosives Division may import any of the authorities.
chemical or accessories that can be used in the • Patrolmen Marquez and Opriasa of WPD
manufacture of explosives or explosive followed a group of 20-25 rallyist in Recto. The
ingredients from foreign suppliers, or possess group was protesting the coming exploratory
or sell them to licensed dealers or end users, talks between the governments of the
as the case may be. Philippines and the United States concerning
• "SEC. 4-D. Types of Chemicals/Accessories the extension of the Military Bases Agreement
Covered. - The chemicals and accessories which was due to expire on September 16,
mentioned in the preceding Section shall 1991. Upon reaching the intersection of Espaa
exclusively refer to chlorates, nitrates, nitric and A. Maceda Streets, the demonstrators
acid and such other chemicals and accessories stopped to stage a noise barrage. Marquez,
that can be used for the manufacture of who was driving the patrol car, stopped the
explosives and explosive ingredients. vehicle about seven meters from the group.
• "SEC. 4-E. Record of Transactions. - Any Marquez and Opriasa remained in the car for
person or entity who intends to import, sell or about ten minutes, observing the rallyists.
p o s s e s s t h e a f o re c i t e d c h e m i c a l s o r When some of them started burning tires in
accessories shall file an application with the the middle of the street, Opriasa alighted and
chief of the PNP, stating therein the purpose ran towards the students who scampered when
for which the license and/or permit is sought they saw him. Marquez followed Opriasa
and such other information as may be shortly after. Opriasa got hold of accused-
required by the said official. The concerned appellant who was left behind while trying to
person or entity shall maintain a permanent light one of the tires on the street. Opriasa
record of all transactions entered into in frisked accused-appellant and confiscated from
relation with the aforecited chemicals or him a pillbox.
accessories, which documents shall be open to • Accused-appellant also contends that even if
inspection by the appropriate authorities. patrolmen Opriasa and Marquez actually did
• "SEC. 4-F. Cancellation of License. - Failure to seize the pillbox from him, the prosecution
comply with the provision of Section 4-C, 4-D allegedly failed to show that it is an explosive.
and 4-E shall be sufficient cause for the He claims that the device must be shown to be
cancellation of the license and the confiscation capable of producing destructive effect on
of all such chemicals or accessories, whether or contiguous objects or causing injury or death
not lawfully imported, purchased or possessed to any person, as provided under Sec. 3 of P.D.
by the subject person or entity." No. 1866, as amended. He adds that instead
of making a piecemeal analysis of the devices
components such as the black powder, he
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suggests that the object, as a whole, must be ISSUE 2: Whether or not appellants conspired to
tested whether it is an incendiary device. kill the victims?
• Supreme Court: proof of actual explosion is
not necessary to establish that the device is an RULING BY SUPREME COURT:
explosive under P.D. No. 1866.
Yes, the killing by means of explosives qualifies
2. People vs. Comadre the crime to murder. The information alleges that
• FACTS: both treachery and the “use of explosive attended
the crime.
At around 7PM of August 6, 1995, Robert
Agbanlog, Jimmy Wabe, Gerry Bullanday, Rey Since both circumstances can qualify the killing to
Camat and Lorenzo Eugenio were having a murder under Article 248 of the Revised Penal
drinking spree on the terrace of the house of Code, the Supreme Court held that when the
Robert’s father, Jaime Agbanlog. Jaime was seated killing is perpetrated with treachery and by
on the banister of the terrace listening to the means of explosives, the latter shall be
conversation of the companions of his son. considered as a qualifying circumstance. Not
only does jurisprudence support this view but also,
As the drinking session went on, Robert and the since the use of explosives is the principal mode of
others noticed appellants Antonio Comadre, attack, reason dictates that this attendant
George Comadre and Danilo Lozano walking. circumstance should qualify the offense instead of
The three stopped in front of the house. While his treachery which will then be relegated merely as a
companions looked on, Antonio suddenly lobbed generic aggravating circumstance.
an object which fell on the roof of the terrace.
Appellants immediately fled by scaling the fence of No, there was no conspiracy. The undisputed facts
a nearby school. show that when Antonio Comadre was in the act of
throwing the hand grenade, George Comadre and
The object, which turned out to be a hand Danilo Lozano merely looked on without uttering a
grenade, exploded ripping a hole in the roof of single word of encouragement or performed any
the house. Robber Agbanlog and his act to assist him.
companions were hit by shrapnel and slumped
unconscious on the floor. They were all rushed to A conspiracy must be established by positive and
the hospital for medical treatment. However, conclusive evidence. It must be shown to exist as
Robert Agbanlog died before reaching the clearly and convincingly as the commission of the
hospital for wounds sustained which the crime itself. Mere presence of a person at the
grenade explosion inflicted. Robert’s companions scene of the crime does not make him a
sustained shrapnel injuries. conspirator for conspiracy transcends
The appellants were arrested the following day but
denied any participation in the incident, claimed Clearly, Congress intended R.A. No. 8294 to
they were elsewhere when the incident occurred reduce the penalty for illegal possession of
and that they had no animosity towards the victims firearms and explosives. Also, Congress clearly
whatsoever. intended RA No. 8294 to consider as
aggravating circumstance, instead of a separate
After trial, the court a quo convicted appellants of offense, illegal possession of firearms and
the complex crime of Murder with Multiple explosives when such possession is used to
Attempted Murder for having conspiring, commit other crimes under the Revised Penal
confederating and mutually helping one another, Code.
with intent to kill and by means of treachery and
with the use of an explosive. It must be made clear, however, that RA No.
8294 did not amend the definition of murder
ISSUE: Whether or not the use of explosive under Article 248, but merely made the use of
qualifies the crime to murder? explosives an aggravating circumstance when
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resorted to in committing any of the crimes Issue: Whether or not Dela Rosa is guilty of the
defined in the Revised Penal Code. The crime of illegal possession of firearms
legislative purpose is to do away with the use of
explosives as a separate crime and to make such Ruling:
use merely an aggravating circumstance in the  
commission of any crime already defined in the In the present case, it is not enough that the
Revised Penal Code. Thus, RA No. 8294 merely firearm was found in the person of the accused,
added the use of unlicensed explosives as one of who held the same temporarily and casually, or
the aggravating circumstances specified in Article for the purpose of surrendering the same.
14 of the Revised Penal Code. Like the aggravating
circumstance of explosion in paragraph 12, evident Animus possidendi is a state of mind and could
premeditation in paragraph 13, or treachery in be determined only based on the prior and
paragraph 16 of Article 14, the new aggravating spontaneous circumstance explaining how the
circumstance added by RA No. 8294 does not subject firearm came to his possession.
change the definition of murder in Article 248.
While accused pleaded lack of animus possidendi
The information in this case does not allege that his conduct belied the same. Accused was found
appellant Antonio Comadre had unlawfully to have secured a temporary license for the subject
possessed or that he had no authority to firearm. Under such circumstance the accused
possess the grenade that he used in the killing intended to possess the subject firearm beyond
and attempted killings. Even if it were alleged, its reasonable doubt and should be convicted of the
presence was not proven by the prosecution crime charged.
beyond reasonable doubt. Rule 110 of the 2000
Revised Rules on Criminal Procedure requires the Broken down into its salient elements, illegal
averment of aggravating circumstances for their possession of firearms is committed when the
application. holder thereof:
(i) possesses a firearm; and
The inapplicability of R.A. 8294 having been made (ii) lacks the authority or license to possess it.
manifest, the crime committed is Murder
committed by means of explosion in accordance In People v. de Gracia, we clarified the meaning of
with Article 248 (3) of the Revised Penal Code. The possession for the purpose of convicting a person
same, having been alleged in the Information, may under PD 1866, thus:
be properly considered as appellant was
sufficiently informed of the nature of the accusation "But, is the mere fact of physical or constructive
against him. possession sufficient to convict a person for
unlawful possession of firearms or must there be
3. People vs. Dela Rosa an intent to possess to constitute a violation of
the law? This query assumes significance for
• FACTS: illegal possession of firearms is a malum
prohibitum, punished by a special law, in which
Rodolfo Dela Rosa appeals the decision of the case good faith and absence of criminal intent
RTC, convicting him of illegal possession of are not valid defenses.
firearms and explosives. The RTC ruled that mere
possession is sufficient to convict Delaa Rosa of the "When a crime is punished by a special law, as a
crime charged. On appeal Dela Rosa argued that rule, intent to commit the crime is not necessary, it
though he was in possession of the is sufficient that the offender has the intent to
ammunitions, his real intention was merely to perpetrate the act prohibited by the special law.
turn over the ammunition, which was owned by Intent to commit the crime and intent to
Kumander Tamang, to the authorities. Thus, he perpetrate the act must be distinguished. A person
should be acquitted of the crime of illegal may not have consciously intended to commit a
possession of firearms. crime but he intended to commit an act, and that
act is by the very nature of things, the crime itself.
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In the first (intent to commit the crime), there must
be criminal intent; in the second (intent to
perpetrate the act) it is enough that the prohibited
act is done freely and consciously.

In the present case, a distinction should be

made between criminal intent and intent to
possess. While mere possession without criminal
intent, is sufficient to convict a person for illegal
possession of a firearm, it must still be shown that
there was animus possidendi or an intent to
possess on the part of the accused. Such intent to
possess is, however, without regard to any other
criminal or felonious intent which the accused
may have harbored in possessing the firearm.
Criminal intent here refers to the intention of
the accused to commit an offense with the use
of an unlicensed firearm. This is not important in
convicting a person under Presidential Decree
No. 1866.

Hence, in order that one may be found guilty of

a violation of the decree, it is sufficient that the
accused had no authority or license to possess a
firearm, and that he intended to possess the
same, even if such possession was made in good
faith and without criminal intent."

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IX. C O M P R E H E N S I V E F I R E A R M S A N D An imitation firearm used in the
AMMUNITION REGULATION ACT (RA commission of a crime shall be
10591) considered a real firearm and the
person who committed the crime shall
1. State Policy be punished in accordance with this
• It is the policy of the State to maintain peace Act.
and order and protect the people against However, injuries caused on the
violence. The State also recognizes the right of occassion of the conduct of
its qualified citizens to self-defense through, competitions, sports, games, or any
when it is the reasonable means to repel the recreation activities involving imitation
unlawful aggression under the circumstances, firearms shall not be punishable under
the use of firearms. Towards this end, the State this Act.
shall provide for a comprehensive law
regulating the ownership, possession, carrying, • Licensed Citizen refers to any Filipino who
manufacture, dealing in and importation of complies with the qualifications set forth in this
firearms, ammunition, or parts thereof, in order Act and duly issued with a license to possess
to provide legal support to law enforcement or to carry firearms outside of the residence in
agencies in their campaign against crime, stop accordance with this Act.
the proliferation of illegal firearms or weapons
and the illegal manufacture of firearms or • Loose Firearm  refers to an unregistered
weapons, ammunition and parts thereof. firearm, an obliterated or altered firearm,
firearm which has been lost or stolen, illegally
2. What are the salient features of this new manufactured firearms, registered firearms in
law? the possession of an individual other than the
• Among the salient features of the new firearms licensee and those with revoked licenses in
law is its repeal of the sweeping “no other accordance with the rules and regulations.
crime” clause under the Sec.1 of P.D. 1866 as
amended by R.A. 8294. • Permit to carry firearm outside of residence
refers to a written authority issued to a licensed
3. Definition of Terms citizen by the Chief of the PNP which entitles
such person to carry his/her registered or
• Ammunition refers to a complete unfixed unit lawfully issued firearm outside of the residence
consisting of a bullet, gunpowder, cartridge for the duration and purpose specified in the
case and primer or loaded shell for use in any authority.
• Permit to transport firearm refers to a written
• Arms smuggling refers to the import, export, authority issued to a licensed citizen or entity
acquisition, sale, delivery, movement or by the Chief of the PNP or by a PNP Regional
t r a n s f e r o f f i re a r m s , t h e i r p a r t s a n d Director which entitles such person or entity to
components and ammunition, from or across transport a particular firearm from and to a
the territory of one country to that of another specific location within the duration and
country which has not been authorized in purpose in the authority.
accordance with domestic law in either or both
country/countries. • Residence refers to the place or places of
abode of the licensed citizen as indicated in
• Imitation firearm refers to a replica of a his/her license.
firearm, or other device that is so substantially
similar in coloration and overall appearance to • Tampered, obliterated or altered firearm
an existing firearm as to lead a reasonable refers to any firearm whose serial number or
person to believe that such imitation firearm is other identification or ballistics characteristics
a real firearm. have been intentionally tampered with,
obliterated or altered without authority or in
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order to conceal its source, identity or the loose firearm, the violation shall be
ownership. considered as a distinct and separate
4. What are the unlawful acts under this law?
• Section 31: Absence of Permit to Carry
• Section 28: Unlawful Acquisition, or Outside of Residence
Possession of Firearms and Ammunition
• Section 32: Unlawful Manufacture,
Aggravating Circumstances Importation, Sale or Disposition of Firearms
a. Loaded with ammunition or inserted a or Ammunition or Parts Thereof, Machinery,
loaded magazine Tool or Instrument Used or Intended to be
b. Fitted or mounted with laser or any Used in the Manufacture of Firearms,
gadget used to guide the shooter to hit Ammunition or Parts Thereof
the target such as thermal weapon
sight and the like The possession of any machinery, tool,
c. Fitted or mounted with sniper scopes, or instrument used directly in the
firearm muffler or firearm silencer manufacture of firearms, ammunition,
d. Accompanied with an extra barrel or major parts thereof by any person
e. Converted to be capable of firing full whose business, employment, or
automatic bursts activity does not lawfully deal with the
possession of such article shall be
Section 1 of Ra 8294 substantially prima facie evidence that such article is
provides that any person who shall intended to be used in the unlawful/
unlawfully possess any firearm or illegal manufacture of firear ms,
ammunition shall be penalized, “unless ammunition, or parts thereof.
no other crime has been committed”.
If homicide or murder is committed • Section 33: Arms Smuggling
with the use of an unlicensed firearm, • Section 34: Tampering, Obliteration or
such use shall be considered as an Alteration of Firearms Identification
AGGRAVATING CIRCUMSTANCE. • Section 35: Use of Imitation Firearm
Since the crime committed was direct • Section 38: Planting Evidence
assault and not homicide or murder,
illegal possession of firearms cannot be any person who shall willfully and
deemed an aggravating circumstance. maliciously insert; place, and/or attach,
(People vs. Ladjaalam) directly or indirectly, through any overt
The phrase “committed” implies a prior or covert act, any firear m, or
determination of guilt by final ammunition, or parts thereof in the
conviction resulting from successful person, house, effects, or in the
prosecution for illegal possession of immediate vicinity of an innocent
firearms. individual for the purpose of
implicating or incriminating the person,
• Section 29: Use of Loose Firearm in the or imputing the commission of any
Commission of a Crime violation of the provisions of this Act to
said individual
If the violation is in the furtherance of,
or incident to, or in connection with the • Section 40: Failure to Notify Lost or Stolen
crime of rebellion, insurrection, or Firearm or Light Weapon
attempted coup d’etat, such violation • Section 41: Illegal Transfer/Registration of
shall be absorbed as an element of the Firearms
crime of rebellion, insurrection, or
attempted coup d’etat. If the crime is
committed by the person without using
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X. ANTI-HAZING LAW (RA No. 8049) 7. What should be contained in the written
notice for allowed initiation rites?
1. What is hazing? • Period of the initiation activities which shall not
• It is an initiation rite or practice as a exceed 3 days
prerequisite for admission into membership in • Names of those to be subjected to such
a fraternity, sorority or organization by placing activities
the recruit, neophyte or applicant in some • An undertaking that no physical violence be
embarrassing or humiliating situations such as employed by anybody during such initiation
forcing him to do menial, silly, foolish and rites
other similar tasks or activities or otherwise
subjecting him to physical or psychological 8. Who must be present during the initiation?
suffering or injury. • At least 2 representatives of the school or
organization assigned by the head of the
2. What are the elements of hazing? school or organization.
a. That there is an initiation rite or practice as a 9. What is the duty of the representative
prerequisite for admission into membership in assigned to be present?
a fraternity, sorority or organization • To see to it that no physical harm of any kind
b. That there must be a recruit, neophyte or shall be inflicted upon a recruit, neophyte or
applicant of the fraternity, sorority or applicant.
organization; and
c. That the recruit, neophyte or applicant is 10. What happens if the person subjected to
placed in some embarrassing or humiliating hazing or other forms of initiation rites
situations such as forcing him to do menial, suffers any physical injury or dies as a result
silly, foolish and other similar tasks or activities thereof?
or otherwise subjecting him to physical or • The officers and members of the fraternity,
psychological suffering or injury. sorori ty or organiza ti on who ac tu al ly
participated in the infliction of physical harm
4. What does the term “organization” include? shall be liable as principals.
• Any club or the Armed Forces of the
Philippines, Philippine National Police, 11. Aside from the officers and members who
Philippine Military Academy, or officer and participated in the hazing, who can also be
cadet corp of the Citizen's Military Training and liable?
Citizen's Army Training. • The owner of the place where hazing is
conducted shall be liable as an accomplice,
5. What are not considered “hazing” under this when he has actual knowledge of the hazing
Act? conducted therein but failed to take any action
• Physical, mental and psychological testing and to prevent the same from occurring.
training procedure and practices to determine • If the hazing is held in the home of one of the
and enhance the physical, mental and officers or members of the fraternity, group, or
psychological fitness of prospective regular organization, the parents shall be held liable as
members of the AFP and the PNP as approved principals when they have actual knowledge of
by the Secretary of National Defense and the the hazing conducted therein but failed to take
National Police Commission, duly any action to prevent the same from occurring.
recommended by the Chief of Staff of the AFP • The school authorities including faculty
and the Director General of the PNP. members who consent to the hazing or who
have actual knowledge thereof, but failed to
6. What is required prior to hazing initiation take any action to prevent the same from
rites? occurring shall be punished as accomplices for
• Prior written notice to the school authorities or the acts of hazing committed by the
head of organization seven (7) days before the perpetrators.
conduct of such initiation. • The officers, former officers, or alumni of the
organization, group, fraternity or sorority who
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actually planned the hazing although not deformed or shall have lost any other
present when the acts constituting the hazing part of his/her body, or shall have lost
were committed shall be liable as principals. A the use thereof or shall have been ill or
fraternity or sorority's adviser who is present incapacitated for the performance of
when the acts constituting the hazing were the activity or work in which he/she has
committed and failed to take action to prevent habitually engaged for a period of
the same from occurring shall be liable as more than ninety (90) days.
principal. The penalty of prison mayor in its
maximum period if in consequence of
12. What is prima facie evidence that a person the hazing the victim shall have been ill
participated in the hazing? or incapacitated for the performance of
• The presence of any person during the hazing the activity or work in which he was
is prima facie evidence of participation therein habitually engaged for more than thirty
as principal unless he prevented the (30) days.
commission of the acts punishable herein. The penalty of prison mayor in its
medium period if in consequence of
13. Is the person liable entitled to a mitigating the hazing the victim shall have been ill
circumstance? or capacitated for the performance of
• Any person charged under this provision shall the activity or work in which he was
not be entitled to the mitigating circumstance habitually engaged for ten (10) days or
that there was no intention to commit so grave more, or that the injury sustained shall
a wrong. require medical attendance for the
same period.
14. Is this also applicable in cases wherein The penalty of the prison mayor in its
hazing is a prior requisite for employment? period if in consequence of the hazing
• Yes. It shall apply to the president, manager, the victim shall have been ill or
director or other responsible officer of a incapacitated for the performance of
corporation engaged in hazing as a the activity or work in which he was
requirement for employment in the manner habitually engaged from one (1) to nine
provided herein. (9) days, or that the injury sustained
shall require medical attendance for the
15. Penalty: same period.
The penalty of reclusion perpetual if h.) The penalty of prison correctional in
death, rape, sodomy or mutilation its maximum period if in consequence
results therefrom. of the hazing the victim shall sustain
The penalty of reclusion temporal in its physical injuries, which do not prevent
maximum period if in consequence of him/her from engaging in his habitual
the hazing the victim shall become activity, or work nor require medical
insane, imbecile, impotent or blind. attendance.
The penalty of reclusion temporal in its The responsible officials of the school
maximum period if in consequence of or of the police, military or citizen’s
the hazing the victim shall have lost the army training organization may impose
use of speech or the power to hear or the appropriate administrative
to smell, or shall have lost an eye, a sanctions on the person or persons
hand, a foot, an arm or a leg shall have charged under this provision even
lost the use of nay such member shall before their conviction.
have become incapacitated for the
activity or work in which he/she was The maximum penalty herein provided
habitually engaged. shall be imposed in any of the following
The penalty of reclusion temporal in its instances:
minimum period if in consequence of When the recruitment is accompanied
the hazing the victim shall become by force, violence, threat, intimidation
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or deceit on the person of the recruit c. they consented to or failed to take
who refuses to join; preventive action against hazing in
When the recruit, neophyte or applicant spite actual knowledge thereof.
initially consents to join but upon
learning that hazing will be committed Breadth of the term “organization”
on his person, is prevented from • includes – but is not limited to – groups,
quitting. teams, fraternities, sororities, citizen army
When the recruit, neophyte or applicant training corps, educational institutions, clubs,
having undergone hazing is prevented societies, cooperatives, companies,
from reporting the unlawful act to his partnerships, corporations, the PNP, and the
parents or guardians, to the proper AFP.
school authorities or to the police
authorities, through force, violence, PMMA is considered as an organization within
threat or intimidation; the purview of the Anti-Hazing Law
When the hazing is committed outside • Attached to the Department of Transportation
of the school or institution; or and Communications, the PMMA is a
When the victim is below twelve (12) government-owned educational institution
years of age at he time of hazing. established for the primary purpose of
producing efficient and well-trained merchant
JURISPRUDENCE AND DOCTRINE(S) marine officers. Clearly, it is included in the
term organization within the meaning of the
1. People vs. Bayabos law.
this case presents novel questions on the extent of liability of
schools and school authorities under Republic Act No. 8049, or
Failure to allege that the purported acts were
the Anti-Hazing Law.
not covered by the exemption relating to the
duly recommended and approved “testing and
Elements of Hazing
t r a i n i n g p ro c e d u re a n d p r a c t i c e s ” f o r
a. A p e r s o n i s p l a c e d i n s o m e
prospective regular members of the AFP and
embarassing or humiliating situation or
subjected to physical or psychological
• This exemption is an affirmative defense in, not
suffering or injury
an essential element of, the crime of
b. these acts were employed as a
accomplice to hazing. It is an assertion that
prerequisite for the person’s admission
must be properly claimed by the accused, not
or entry into an organization. In the
by the prosecution. The reason for this rule is
crime of hazing, the crucial ingredient
that the accused carry the burden of proof in
distinguishing it from the crimes against
establishing by clear and convincing evidence
persons defined under Title Eight of the
that they have satisfied the requirements
Revised Penal Code is the infliction by a
thereof. Thus, the prosecution’s failure to point
person of physical or psychological
out in the Information that the exception is
suffering on another in furtherance of
inapplicable would not justify the quashal of
the latter’s admission or entry into an
that Information.

Motion to Quash must be granted as the

In the case of school authorities and faculty
Information does not include all the material
members who have had no direct participation
facts constituting the crime of accomplice to
in the act, they may nonetheless be charged as
accomplices if it is shown that:
• As can be gleaned from the above, the
a. hazing, as established by the above
indictment merely states that psychological
elements, occurred
pain and physical injuries were inflicted on the
b. the accused are school authorities or
victim. There is no allegation that the
faculty members
p u r p o r t e d a c t s w e re e m p l o y e d a s a
prerequisite for admission or entry into the
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organization. Failure to aver this crucial The names of those to be subjected to
ingredient would prevent the successful such activities; and
prosecution of the criminal responsibility of the An undertaking that no physical
accused, either as principal or as accomplice, violence be employed by anybody
for the crime of hazing. during such initiation rites.
• Plain reference to a technical term – in this
case, hazing – is insufficient and incomplete, as F I R S T C L A S S O F P R I N C I PA L S ; A c t u a l
it is but a characterization of the acts allegedly Participants in the Hazing
committed and thus a mere conclusion of law. • If the person subjected to hazing or other
• Thus, the Information must be quashed, as the forms of initiation rites suffers any physical
ultimate facts it presents do not constitute the injury or dies as a result thereof, the officers
crime of accomplice to hazing. and members of the fraternity, sorority or
organization who actually participated in the
2. Dungo vs. People infliction of physical harm shall be liable as
With the continuity of these senseless tragedies, one question principals.
implores for an answer: is R.A. No. 8049 a sufficient deterrent
• Interestingly, the presence of any person
against hazing?
during the hazing is prima facie evidence of
actual participation, unless he prevented the
Hazing, malum prohibitum
commission of the acts punishable herein.
• Senator Lina: When a person or group of
persons resort to hazing as a requirement for
Insanity; The Only Psychological Injury
gaining entry into an organization, the intent to
commit a wrong is not visible or is not present.
• Although hazing has been defined as
Whereas, in these specific crimes, let us say
consisting of those activities involving physical
there is death or there is homicide, mutilation,
or psychological suffering or injury, the
if one files a case, then the intention to commit
penalties for hazing only covered the infliction
a wrong has to be proven. But if the crime of
of physical harm. At best, the only
hazing is the basis, what is important is the
psychological injury recognized would be
result from the act of hazing.
causing insanity to the victim. Conversely, even
• Senator Guingona: We do not have to prove
if the victim only sustained physical injuries
the willful intent of the accused in proving or
which did not incapacitate him, there is still a
establishing the crime of hazing.
prescribed penalty.
• Defense of good faith cannot be raised by the
• Recognizing the malum prohibitum
• officers, former officers, or alumni of the
characteristic of hazing, the law provides that
organization, group, fraternity or sorority who
any person charged with the said crime shall
actually planned the hazing.
not be entitled to the mitigating circumstance
• Although these planners were not present
that there was no intention to commit so grave
when the acts constituting hazing were
a wrong.
committed, they shall still be liable as
• Consent of the victim is NOT a defense
principals. The provision took in consideration
the non-resident members of the organization,
Allowed Initiation Rites (Section 2)
such as their former officers or alumni.
a. That the fraternity, sorority or organization has
a prior written notice to the school authorities
or head of organization;
• officers or members of an organization group,
b. The said written notice must be secured at
f r a t e r n i t y o r s o ro r i t y w h o k n o w i n g l y
least seven (7) days before the conduct of such
cooperated in carrying out the hazing by
inducing the victim to be present thereat.
c. That the written notice shall indicate
• These officers or members are penalized, not
The period of the initiation activities,
because of their direct participation in the
which shall not exceed three (3) days;
infliction of harm, but due to their
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indispensable cooperation in the crime by constitute one as a party to a conspiracy,
inducing the victim to attend the hazing. absent any active participation in the
commission of the crime with a view to the
FOURTH CLASS OF PRINCIPALS furtherance of the common design and
• Fraternity/ Sorority Adviser who was present purpose.
when the acts constituting hazing were • Common Design: to haze the victim
committed, and failed to take action to • Some overt acts that could be committed by
prevent them from occurring the offenders would be to:
• The liability of the adviser arises, not only from plan the hazing activity as a
his mere presence in the hazing, but also his requirement of the victim's initiation to
failure to prevent the same. the fraternity
induce the victim to attend the hazing
FIFTH CLASS OF PRINCIPALS actually participate in the infliction of
• parents of the officers or members of the physical injuries.
fraternity, group, or organization • In this case, there was prima facie evidence
• The hazing must be held in the home of one of of the petitioners' participation in the hazing
the officers or members. The parents must because of their presence in the venue.
have actual knowledge of the hazing • Because of the uncontroverted prima facie
conducted in their homes and failed to take evidence against the petitioners, it was shown
any action to avoid the same from occurring. that they performed an overt act in the
furtherance of the criminal design of hazing.
ACCOMPLICES Not only did they induce the victim to attend
• The school authorities, including faculty the hazing activity, the petitioners also actually
members, who consented to the hazing or who participated in it based on the prima facie
have actual knowledge thereof, but failed to evidence. These acts are sufficient to establish
take any action to prevent the same from their roles in the conspiracy of hazing.
occurring shall be punished as accomplices. • Hence, generally, mere presence at the scene
of the crime does not in itself amount to
COURSES OF ACTION OF THE OFFENDED conspiracy. Exceptionally, under R.A. No.
PARTY 8049, the participation of the offenders in
• It provides that the responsible officials of the the criminal conspiracy can be proven by the
school or of the police, military or citizen's prima facie evidence due to their presence
army training organization, may impose the during the hazing, unless they prevented the
appropriate administrative sanctions on the commission of the acts therein.
person or the persons charged under this
provision even before their conviction. 3. Villareal vs. People
• Necessarily, the offended party can file either Counsel thus asserts that the subject matter of the Petition
previously filed by petitioner does not survive the death of the
administrative, civil, or criminal actions against
the offenders.
The Crime in this Case is HOMICIDE; RPC
CONSPIRACY IN RA 8049 (Section 4, Par 6) • At the time of the death of Lenny Villa, RA
• The presence of any person during the hazing 8049 was not yet enacted. It was actually his
is prima facie evidence of participation as death that led to a very strong clamour to end
principal, unless he prevented the commission hazing. Hence, the Congress enacted a special
of the punishable acts. law, which became effective in 1995, that
• This provision is unique because a disputable would criminalize hazing.
presumption arises from the mere presence of • Although courts must not remain indifferent to
the offender during the hazing, which can be public sentiments, in this case the general
rebutted by proving that the accused took condemnation of a hazing-related death, they
steps to prevent the commission of the hazing. are still bound to observe a fundamental
• Even knowledge, acquiescence in or principle in our criminal justice system [N]o act
agreement to cooperate, is not enough to
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constitutes a crime unless it is made so by law. since injury arises from the mental state of the
Nullum crimen, nulla poena sine lege. Even if wrongdoer – iniuria ex affectu facientis
an act is viewed by a large section of the consistat. If there is no criminal intent, the
populace as immoral or injurious, it cannot accused cannot be found guilty of an
be considered a crime, absent any law intentional felony. Thus, in case of physical
prohibiting its commission. As interpreters of injuries under the Revised Penal Code, there
the law, judges are called upon to set aside must be a specific animus iniuriandi or
emotion, to resist being swayed by strong malicious intention to do wrong against the
public sentiments, and to rule strictly based on physical integrity or well-being of a person, so
the elements of the offense and the facts as to incapacitate and deprive the victim of
allowed in evidence. certain bodily functions. Without proof beyond
reasonable doubt of the required animus
How Criminal Liability is Extinguished iniuriandi, the overt act of inflicting physical
• In a Notice dated 26 September 2011 and injuries per se merely satisfies the elements of
while the Petition was pending resolution, this freedom and intelligence in an intentional
Court took note of counsel for petitioners felony. The commission of the act does not, in
Notice of Death of Party. itself, make a man guilty unless his intentions
• According to Article 89(1) of the Revised Penal are.
Code, criminal liability for personal penalties is • In Anti-Hazing Law, malicious intent is no
totally extinguished by the death of the longer necessary. The wrongful acts are
convict. In contrast, criminal liability for already deemed criminal by said special law.
pecuniary penalties is extinguished if the • The defense of consent will not apply
offender dies prior to final judgment. because the very act of inflicting physical pain
• The term "personal penalties" refers to the or psychological suffering is, by itself, a
service of personal or imprisonment penalties, punishable act.
while the term “pecuniary penalties" (las •
pecuniarias) refers to fines and costs, including
civil liability predicated on the criminal offense LIABILITIES OF OWNERS OF HAZING VENUE
complained of (i.e., civil liability ex delicto). • The owner of the place where hazing is
However, civil liability based on a source of conducted shall be liable as an accomplice,
obligation other than the delict survives the when he has actual knowledge of the hazing
death of the accused and is recoverable conducted therein but failed to take any action
through a separate civil action. to prevent the same from occurring.
• Thus, we hold that the death of petitioner
Villareal extinguished his criminal liability for ADMINISTRATIVE LIABILITY
both personal and pecuniary penalties,
including his civil liability directly arising from The responsible officials of the school or of the
the delict complained of. Consequently, his police, military or citizen's army training
Petition is hereby dismissed, and the criminal organization, may impose the appropriate
case against him deemed closed and administrative sanctions on the person or the
terminated. persons charged under this provision even before
their conviction. The maximum penalty herein
DIFFERENCE BETWEEN THE LAWS THEN provided shall be imposed in any of the following
• SC: In order to be found guilty of any of the a. when the recruitment is accompanied by force,
felonious acts under Articles 262 to 266 of violence, threat, intimidation or deceit on the
the Revised Penal Code [on physical injuries], person of the recruit who refuses to join;
the employment of physical injuries must be b. when the recruit, neophyte or applicant initially
coupled with dolus malus [or evil intent]. As an consents to join but upon learning that hazing
act that is mala in se [or wrong in itself], the will be committed on his person, is prevented
existence of malicious intent is fundamental, from quitting;  
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c. when the recruit, neophyte or applicant having
undergone hazing is prevented from reporting
the unlawful act to his parents or guardians, to
the proper school authorities, or to the police
authorities, through force, violence, threat or
d. when the hazing is committed outside of the
school or institution; or  
e. when the victim is below 12 years of age at the
time of the hazing.

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Special Penal Laws
XI. HUMAN SECURITY ACT OF 2007 (RA 9372) b. Commission of the predicate crime
sows and creates a condition of
1. What are the salient features of the Act? widespread and extraordinary fear
• The Human Security Act of 2007 is an act to and panic among the populace; and
secure the State and to protect the people c. Offender is actuated by the desire to
from acts of “Terrorism”. coerce the government to give in to an
• It condemns terrorism as inimical and unlawful demand
dangerous to national security and to the
welfare of the people, thereby making NOTE: Before a charge for terrorism may be
terrorism a crime against the Filipino people, filed under RA 9372, there must first be a
humanity, and the laws of nations. predicate crime actually committed to trigger
the operation of the key qualifying phrases in
2. What is a Crime of Terrorism? the other elements of the crime, including the
• It is committed by any person who engages in coercion of the government to accede to an
any of the following acts punishable under RPC unlawful demand.
and other special penal laws. The word “demand” is too broad as to cover
not only political, criminal or monetarial
3. What are the crimes of terrorism under the demands but also those which maybe
Revised Penal Code? (P-ReCK-MD) categorized as social or economic. This
a. Piracy in general and Mutiny in the high however is qualified by the word “ unlawful”.
seas or in the Philippine waters (Art
122) 6. Who may be liable?
b. Rebellion or Insurrection (Art 134)
c. Coup d’etat including acts committed DESCRIPTION PENALTY
by private persons (Art 134-A)
d. K i d n a p p i n g a n d S e r i o u s I l l e g a l CONSPIRATOR (Section 4)
Detention (Art 267)
Two or more persons Forty (40) years of
e. Murder (Art 248) come to an agreement imprisonment
f. Crimes involving Destruction (Art 324) concerning the
commission of the
4. What are the crimes of terrorism under crime of terrorism and
Special Laws? (F-AAA-TH) decide to commit the
a. Decree codifying the laws on illegal and
unlawful possession, manufacture, ACCOMPLICE (Section 5)
dealing in, acquisition or disposition of
Any person who, not Seventeen (17) years,
being a principal four months one day to
b. Arson cooperates in the twenty (20) years of
c. Anti-Piracy and Anti-Highway Robbery execution of either the imprisonment.
Law of 1974 crime of terrorism or
d. Atomic Energy regulatory and Liability conspiracy to commit
Act terrorism by previous or
simultaneous acts
e. Toxic Substances and Hazardous and
Nuclear Waste Control Act ACCESSORY (Section 6)
f. Anti-Hijacking Law

5. What are the elements of the crime of

a. Offender commits an act punishable
under any of the cited provisions of the
RPC, or under any of the enumerated
special penal laws;

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DESCRIPTION PENALTY 7. What are the tools provided by law in

fighting terrorism?
A n y p e r s o n w h o , Ten (10) years and one
having knowledge of day to twelve (12) a. S u r v e i l l a n c e o f s u s p e c t s a n d
the commission of the years of imprisonment.
i n t e rc e p t i o n a n d re c o rd i n g o f
crime of terrorism or
conspiracy to commit communications
terrorism, and without Allows surveillance, interception, and
having participated recording of communications
therein, either as Use of any mode, form, kind or type of
principal or accomplice e l e c t ro n i c o r o t h e r s u r v e i l l a n c e
takes part subsequent
to its commission in
any of the following A period of 30 days, renewable for
manner: another 30 days, upon a written order
• by profiting himself of the Court of Appeals
or assisting the Prohibits surveillance of privileged
offender to profit by communications among the following:
the effects of the
• Lawyers and clients
• by concealing or • Doctors and patients
destroying the body • Journalists and sources
of the crime, or the • Confidential business
effects, or correspondence
instruments There must be an Written Order from
thereof, in order to
the CA to track down, tap, listen to,
prevent its
discovery intercept and record communications,
• by harboring, messages, conversations, discussions,
concealing, or or spoken or written words of any
assisting in the person suspected of the crime of
escape of the Terrorism or the crime of conspiracy t
principal or
commit terrorism
conspirator of the
crime Upon an ex parte written application of
a police or law enforcement official
Exception (NOT authorized by the Anti-Terrorism
LIABLE): Those who Council
are such with respect to The written authorization to conduct
Surveillance shall not exceed 30 days,
Ascendants extendable for another 30 days.
Legitimate, natural, b. P r o s c r i p t i o n o f T e r r o r i s t
and adopted Organizations, Association, or Group
brothers and sisters of Persons
Relatives by affinity
Organizations organized for the
within the same
degrees purpose of engaging in terrorism, or
which, although not organized for that
Exception to the purpose, actually uses acts enumerated
Exception: in the Act to terrorize are declared as
Accessories falling terrorists and are outlawed.
within the
The Department of Justice may apply
provisions of
subparagraph A for such proscription. The organization
will be given due notice and
opportunity to be heard.

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c. Detention of Suspected Terrorists Without Conspiracy to Commit Terrorism
Warrant of Arrest Persons who conspire to commit the
The Act allows warrantless arrests. The crime of terrorism shall suffer the
suspect, however, must be delivered to the penalty of forty (40) years of
proper judicial authority within the three-day imprisonment
period. There is conspiracy when two or more
The arrest under this Section must be the result persons come to an agreement
of the surveillance under Section 7 and concerning the commission of the
examination of bank deposits under Section 27 crime of terrorism as defined in Section
of the Act. 3 of the Act and decide to commit the
d. Examination of Bank Deposits, Accounts and
Records Accomplice
The HSA permits: 17 years, 4 months, and 1 day to 20
• Examination of bank accounts of years of imprisonment
terrorists suspects
• Seizure or freezing of the proceeds Accessory
thereof 10 years, one day to 12 years
• Seizure or sequestration of other imprisonment
properties Except:
• Spouses
Properties of a convicted terrorist be forfeited • Ascendants
in favor of the government • Descendants
There shall be a Special Court designated to • Legitimate, natural, adopted
handle anti-terrorism cases. brothers or sisters
Special Court may authorize in writing any • Relatives by affinity within the
police or law enforcement officer and the same degrees
members of his/her team to: • Exception to the exception:
• examine, or cause the examination of, accessories falling within the
the deposits, placements, trust provisions of subparagraph A
accounts, assets and records in a bank
or financial institution; and 9. Restriction on Travel
• gather or cause the gathering of any • In cases where evidence of guilt is not strong,
relevant infor mation about such and the person charged with the crime of
deposits, placements, trust accounts, terrorism or conspiracy to commit terrorism is
assets, and records from a bank or entitled to bail and is granted the same, the
financial institution, the bank or court, upon application by the prosecutor, shall
financial institution concerned shall not limit the right of travel of the accused to within
refuse to allow such examination or to the municipality or city where he resides or
provide the desired information, when where the case is pending, in the interest of
so ordered by and served with written national security and public safety, consistent
order of the CA. with Article III, Section 6 of the Constitution.
Travel outside of said municipality or city,
8. What are the prescribed penalties for the without the authorization of the court, shall be
crime of terrorism? deemed a violation of the terms and
Terrorism conditions of his bail, which shall then be
Forty (40) years of imprisonment forfeited as provided under the Rules of Court.
NO PAROLE as provided for under Act • He/she may also be placed under house arrest
No. 4103, or known as the by order of the court at his or her usual place
Indeterminate Sentence Law of residence.
• While under house arrest, he or she may not
use telephones, cell phones, e-mails,
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Special Penal Laws
computers, the internet or other means of property that has been seized, sequestered or
communication with people outside the frozen for legitimate purposes while his/her
residence until otherwise ordered by the court. case is pending shall suffer the penalty of ten
• The restrictions above-mentioned shall be (10) years and one day to twelve (12) years of
terminated upon the acquittal of the accused imprisonment.
or of the dismissal of the case filed against him
or earlier upon the discussion of the court on 11. Procedure When A Suspected Terrorist is
motion of the prosecutor or of the accused. Arrested
• A suspected terrorist maybe arrested by any
10. Seizure and Sequestration law enforcement personnel provided:
• The deposits and their outstanding balances, The law enforcement agent was duly
placements, trust accounts, assets, and records authorized in writing by the Anti
in any bank or financial institution, moneys, Terrorism Council
businesses, transportation and communication T h e a r re s t w a s t h e re s u l t o f a
equipment, supplies and other  implements, surveillance or examination of bank
and property of whatever kind and nature deposits
to any person suspected of or charged • Upon arrest and prior to actual detention, the
before a competent Regional Trial law enforcement agent must present the
Court for the crime of terrorism or the suspected terrorist before any judge at the
crime of conspiracy to commit latter’s residence or office nearest the place of
terrorism; arrest, at any time of the day or night. The
to a judicially declared and outlawed judge shall, within three days, submit a written
organization, association, or group of report of the presentation to the court where
persons; or the suspect shall have been charged.
to a member of such organization,
association, or group of persons shall • Immediately after taking custody of a person
be seized, sequestered and frozen in charged or suspected as a terrorist, the police
order to prevent their use, transfer, or or law enforcement personnel shall notify in
conveyance for purposes that are writing the judge of the nearest place of
inimical to the safety and security of the apprehension or arrest, but if the arrest is
people or injurious to the interest of the made during non-office days or after office
State. hours, the written notice shall be served at the
• The accused or a person suspected of may nearest residence of the judge nearest the
withdraw such sums as may be reasonably place of arrest
needed by the monthly needs of his family,
including the services of his or her counsel and • Failure to notify in writing is punished by 10
his or her family’s medical needs, upon years and one day to12 years of imprisonment
approval of the court. He or she may also use
any of his property that is under seizure or 12. Period of Detention has been extended to
sequestration or frozen because of his/her three days
indictment as a terrorist upon permission of • The three day period is counted from the
the court for any legitimate reason. moment the person charged or suspected as
• Any person who unjustifiably refuses to follow terrorist has been apprehended or arrested,
the order of the proper division of the Court of detained and taken into custody 
Appeals to allow the person accused of the • In the event of an actual or imminent terrorist
crime of terrorism or of the crime of conspiracy attack, suspects may not be detained for more
to commit terrorism to withdraw such sums than three days without the written approval of
from sequestered or frozen deposits, the Human Rights Commission, or judge of the
placements, trust accounts, assets and records MTC RTC, Sandiganbayan or Court of Appeals
as may be necessary for the regular sustenance nearest the place of arrest  
of his/her family or to use any of his/her
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Special Penal Laws
• If arrest was on a nonworking day or hour, the • Punishes the act of knowingly furnishing False
person arrested shall be brought to the Testimony, forged document or spurious
residence of any of the above named officials evidence in any investigation or hearing under
nearest the place of arrest. the law ( 12 yrs and one day to 20 years)  
• Failure to deliver the person charged or
suspected as terrorists to the proper judicial; 14. Provisions on the Identity of the Informant
authority within three days is punished by 10 • The officer to whom the name of the suspect
years and one day to 12 years. was first reveled shall record the real name and
specific address of the informant and shall
13. Other Acts Punished As Offenses (punished report the same to his superior officer who
by imprisonment of 10 years and one day to shall in turn transmit the information to the
12 years) which acts are related to the Congressional Oversight Committee within 5
arrest/detention of suspected terrorists days after the suspect was placed under arrest,
or his properties sequestered seized or frozen.
• Violation of the rights of a person detained •  The data shall be considered confidential and
Right to be informed of the nature and shall not be unnecessarily revealed until after
cause of the arrest; to remain silent; to the proceedings against the suspect shall have
counsel been terminated. 
To communicate and confer with
counsel at any time without restriction • NOTE: It would seem that the confidentiality
To communicate at any time and of the informant’s identity is not permanent but
without restrictions with members of may be revealed, not like the provisions of the
family or relatives and be visited by Rules of Evidence which considers the
them confidentiality as permanent)
To avail of the services of a physician of
choice  15. Territorial Application of the law:
• The law applies to any person who commits an
• Offenses relating to an official log book: act covered by the law if committed: 
Failure to keep official logbook detailing the
name of the person arrested the date and time Within the terrestrial domain, interior
of initial admission for custody and arrest; state waters, maritime zone and airspace of
of his health; date and time of removal from his the Philippines
cell, and his return thereto; date and time of Inside the territorial limits of the
visits and by whom; all other important data Philippines
bearing on his treatment while under arrest On board a Philippine ship or airship
and custody  W ithin any embassy, consulate,
Failure to promptly issue a certified true copy diplomatic premises belonging to or
of the entries of the log book  occupied by the Philippine government
in an official capacity
• Using threat, intimidation, coercion, inflicting Against Philippine citizens or persons of
physical pain, or torment or mental emotional, P h i l i p p i n e d e s c e n t w h e re t h e i r
moral or psychological pressure which shall citizenship or ethnicity was a factor in
vitiate the free will  the commission of the crime
Directly against the Philippine
• Punishes Infidelity in the Custody of Detained government.
The penalty is 12 years and one day to
20 years if the person detained is a
prisoner by final judgment
The penalty is 6 years and one day to
12 years if the prisoner is a detention
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Special Penal Laws
XII. PLUNDER ACT (RA 7080) of its subdivisions, agencies or
instrumentalities or GOCCs and their
1. What is plunder and how is it committed? subsidiaries
a. Any public officer who, by himself or in • Obtaining, receiving or accepting (directly or
connivance with members of his family, indirectly) in any business enterprise or
relatives by affinity or consanguinity, business undertaking : Shares of stock, equity or any
associates, subordinates or other persons, other form of interest or participation including
amasses, accumulates or acquires ill-gotten promise of future employment
wealth through a combination or series of • Establishing the ff. to benefit particular persons
overt criminal acts in the aggregate amount or or special interests : Agricultural, industrial or
total value of at least P50 million. commercial monopolies or other combinations
b. Any person who participated with the said and/or implementation of decrees and order;
public officer in the commission of an offense • Taking undue advantage of the ff. to unjustly
contributing to the crime of plunder shall enrich himself at the expense and to the
likewise be punished for such offense. damage and prejudice of the country and its
c i t i z e n s : O ff i c i a l p o s i t i o n , a u t h o r i t y,
2. What are the elements of plunder? relationship, connection or influence
• That the offender is a public officer who acts
by himself or in connivance with members of 5. What must be the total or aggregate value
his family, relatives by affinity or consanguinity, of the ill-gotten wealth?
business associates, subordinates or other • At least P50 million
• That he amassed, accumulated or acquired ill- 6. What is the difference between combination
gotten wealth through a combination or series and series?
of the following overt or criminal acts • The terms “Combination” and “Series” were
described in Section 1 (d) of R.A. No. 7080 as likewise defined in the above-cited case as
amended; and follows:
• That the aggregate amount or total value of • Thus when the Plunder Law speaks of
the ill-gotten wealth amassed, accumulated or “combination,” it is referring to at least two (2)
acquired is at least P50,000,000.00. acts falling under different categories of
enumeration provided in Sec. 1, par. (d), e.g.,
3. What is ill-gotten wealth? raids on the public treasury in Sec.1, par. (d),
• Any asset, property, business enterprise or subpar. (1), and fraudulent conveyance of
material possession of any person, acquired by assets belongings to the National Government
him directly or indirectly through dummies, under Sec.1, par. (d), subpar. (3).
nominees, agents, subordinates and/or • On the other hand, to constitute a “series”,
business associates by any combination or there must be two (2) or more overt or criminal
series of specific or similar criminal means or acts falling under the same category of
schemes. enumeration found in Sec. 1, par. (d), say,
misappropriation , malversation and raids on
4. How is ill-gotten wealth acquired? the public treasury, all of which fall under Sec.
• Misappropriation, conversion, misuse, or 1, par. (d), subpar. (1). Verily, had the legislature
malversation : Public funds or raids on the intended a technical or distinctive meaning for
public treasury “combination” and “series,” it would have
• Receive (directly or indirectly) in connection taken greater pains in specifically providing for
with any government contract or project or by it in the law ( People v. Joseph Estrada et al.,
reason of the office or position : Commission, Criminal Case No. 26558, September 12,
gift, share, percentage, kickbacks or any other 2007).
form of pecuniary benefit from any person
and/or entity
• Illegal or fraudulent conveyance or
disposition : Assets of the Government or any
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Special Penal Laws
7. What is the specific rule of evidence
provided under this law?
• For purposes of establishing the crime of
plunder, it shall not be necessary to prove each
and every criminal act done by the accused in
furtherance of the scheme or conspiracy to
amass, accumulate or acquire ill-gotten wealth,
it being sufficient to establish beyond
reasonable doubt a pattern of overt or criminal
acts indicative of the overall unlawful scheme
or conspiracy.

GPS Lecture:
• Considered also under crimes under the AMLA
- case of Estrada vs. Sandiganbayan, these
money are deposited in a bank account which
was deposited under the name of “Jose
• Definition of Transaction - mere deposit in the
• Plunder and AMLA are two separate offenses

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Special Penal Laws
XIII.ANTI GRAFT AND CORRUPT PRACTICES duly promulgated by competent
ACT (RA No. 3109) authority or an offense in
connection with the official duty
1. Definition of Terms of the latter.

• "Government" includes the national b. Directly or indirectly requesting or receiving

government, the local governments, the any gift, present, share, percentage, or benefit,
government-owned and government- for himself or for any other person, in
controlled corporations, and all other connection with any contract or transaction
instrumentalities or agencies of the Republic of between the Government and any other part,
the Philippines and their branches. wherein the public officer in his official capacity
• "Public officer" includes elective and has to intervene under the law.
appointive officials and employees, permanent
or temporary, whether in the classified or ELEMENTS:
unclassified or exempt service receiving • The offender is a public officer
compensation, even nominal, from the • Who requested or received gift,
government as defined in the preceding a present, a share , percentage
subparagraph. or benefit
• "Receiving any gift" includes the act of • On behalf of the offender or any
accepting directly or indirectly a gift from a other person
person other than a member of the public • In connection with a contract or
officer's immediate family, in behalf of himself transaction with the government
or of any member of his family or relative • In which the public officer, in an
within the fourth civil degree, either by official capacity under the law,
consanguinity or affinity, even on the occasion has the right to intervene
of a family celebration or national festivity like
Christmas, if the value of the gift is under the c. Directly or indirectly requesting or receiving
circumstances manifestly excessive. any gift, present or other pecuniary or material
benefit, for himself or for another, from any
2. Corrupt Practices of Public Officials (Sec. 3) person for whom the public officer, in any
manner or capacity, has secured or obtained,
a. Persuading, inducing or influencing another or will secure or obtain, any Government
public officer to perform an act constituting a permit or license, in consideration for the help
violation of rules and regulations duly given or to be given, without prejudice to
promulgated by competent authority or an Section thirteen of this Act.
offense in connection with the official duties of
the latter, or allowing himself to be persuaded, ELEMENTS:
induced, or influenced to commit such • The offender is a public officer
violation or offense. • That he has secured or
obtained, or would secure or
ELEMENTS: obtain, for a person, any
• The offender is a public officer government permit or license
• The offender persuades, • That he requested or received
induces, or influences another any gift, present or other
public officer to perform an act pecuniary or material benefit in
or the offender allows himself to consideration for help to be
be persuaded, induced, or given
influenced to commit an act • That he directly or indirectly
• The act performed by the other requested such gift, present, or
public officer or committed by pecuniary or material benefit
the offender constitutes a
violation of rules and regulations
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Special Penal Laws
d. Accepting or having any member of his family ELEMENTS:
accept employment in a private enterprise • The offender is a public officer
which has pending official business with him • Such failure to act is for the
during the pendency thereof or within one year purpose of obtaining, directly or
after its termination. indirectly, from any person
interested in the matter some
e. Causing any undue injury to any party, pecuniary or material benefit or
including the Government, or giving any advantage in favor of an
private party any unwarranted benefits, i n t e r e s t e d p a r t y, o r
advantage or preference in the discharge of his discriminating against another
official administrative or judicial functions • Reasonable time has elapsed
through manifest partiality, evident bad faith or from such demand or request
gross inexcusable negligence. This provision without the public officer having
shall apply to officers and employees of offices acted on the matter pending
or government corporations charged with the before him
grant of licenses or permits or other • The said officer has neglected
concessions. or has refused to act without
sufficient justification after due
ELEMENTS: demand or request has been
• That the accused are public made on him.
officers or private persons
charged in conspiracy with them g. Entering, on behalf of the Government, into
• That said public officers any contract or transaction manifestly and
committed the prohibited acts grossly disadvantageous to the same, whether
during the performance of their or not the public officer profited or will profit
duties or in relation to their thereby.
public positions
• That they caused undue injury ELEMENTS:
to any party, whether the • That the accused is a public
Government or private party officer
• That such injury was caused by • That he entered into a contract
giving unwarranted benefits, or transaction on behalf of the
advantage, preference to such government
parties • That such contract or
• That the public officers acted transaction is grossly and
with manifest partiality, evident manifestly disadvantageous to
bad faith, or gross inexcusable the government
h. Directly or indirectly having financing or
f. Neglecting or refusing, after due demand or pecuniary interest in any business, contract or
request, without sufficient justification, to act transaction in connection with which he
within a reasonable time on any matter intervenes or takes part in his official capacity,
pending before him for the purpose of or in which he is prohibited by the Constitution
obtaining, directly or indirectly, from any or by any law from having any interest.
person interested in the matter some
pecuniary or material benefit or advantage, or ELEMENTS:
for the purpose of favoring his own interest or • That the accused is a public
giving undue advantage in favor of or officer
discriminating against any other interested • That he has a direct or indirect
party. financial or pecuniary interest in
any business, contract,
transaction, and
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• He either: 4. Prohibition on Certain Relatives
• Takes part or intervenes
in his official capacity in • It shall be unlawful for the spouse or for any
connection with such relative, by consanguinity or affinity, within the
interest, or third civil degree, of the President of the
• Is prohibited from having Philippines, the Vice-President of the
such interest by the Philippines, the President of the Senate, or the
Constitution or by any Speaker of the House of Representatives, to
law intervene, directly or indirectly, in any business,
transaction, contract or application with the
i. Directly or indirectly becoming interested, for Government:
personal gain, or having a material interest in • Exceptions:
any transaction or act requiring the approval of • This section shall not apply to any
a board, panel or group of which he is a person who, prior to the assumption of
member, and which exercises discretion in such office of any of the above officials to
approval, even if he votes against the same or whom he is related, has been already
does not participate in the action of the board, dealing with the Government along the
committee, panel or group. Interest for same line of business, nor to any
personal gain shall be presumed against those transaction, contract or application
public officers responsible for the approval of already existing or pending at the time
manifestly unlawful, inequitable, or irregular of such assumption of public office, nor
transaction or acts by the board, panel or to any application filed by him the
group to which they belong. approval of which is not discretionary
on the part of the official or officials
j. Knowingly approving or granting any license, concerned but depends upon
permit, privilege or benefit in favor of any compliance with requisites provided by
person not qualified for or not legally entitled law, or rules or regulations issued
to such license, permit, privilege or advantage, pursuant to law, nor to any act lawfully
or of a mere representative or dummy of one performed in an official capacity or in
who is not so qualified or entitled. the exercise of a profession.

k. Divulging valuable information of a 5. Prohibition to the Members of Congress

confidential character, acquired by his office or
by him on account of his official position to • It shall be unlawful hereafter for any Member
unauthorized persons, or releasing such of the Congress during the term for which he
information in advance of its authorized has been elected, to acquire or receive any
release date. personal pecuniary interest in any specific
business enterprise which will be directly and
3. Prohibition on Private Individuals particularly favored or benefited by any law or
resolution authored by him previously
• Taking advantage if family or close personal approved or adopted by the Congress during
relation with public official who has to the same term.
intervene in some business, transaction, • The provision of this section shall apply to any
application, request, or contract of the other public officer who recommended the
government with any other person, by directly initiation in Congress of the enactment or
or indirectly, requesting or receiving any adoption of any law or resolution, and acquires
present, gift, or material or pecuniary or receives any such interest during his
advantage from such public official incumbency.
• Knowingly inducing or causing any public
official to commit any of the offenses defined
in Section 3 of this Act.

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• It shall likewise be unlawful for such member of lack or in excess of jurisdiction for applying the
Congress or other public officer, who, having interpretation of the term  transaction  in  Soriano
such interest prior to the approval of such law Jr. considering that the term transaction should be
or resolution authored or recommended by construed more liberally. The SC did not give
him, continues for thirty days after such credence to the State’s position. It held that it
approval to retain such interest. does not help the State any that the
term  transaction  as used in section 3(b) of R.A.
6. Prima Facie Evidence of and Dismissal due 3019 is susceptible of being interpreted both
to Unexplained Wealth restrictively and liberally, considering that laws
creating, defining or punishing crimes and laws
• If in accordance with the provisions of Republic imposing penalties and forfeitures are to be
Act Numbered One thousand three hundred construed strictly against the State or against
seventy-nine, a public official has been found the party seeking to enforce them, and liberally
to have acquired during his incumbency, against the party sought to be charged.
whether in his name or in the name of other
persons, an amount of property and/or money Hence, the SC ruled that the Sandiganbayan did
manifestly out of proportion to his salary and not arbitrarily, or whimsically, or capriciously quash
to his other lawful income, that fact shall be a the information for failing to properly state the
ground for dismissal or removal. Properties in fourth element of the violation of section 3(b) of
the name of the spouse and unmarried R.A. 3019.
children of such public official may be taken
into consideration, when their acquisition 2. Consigna vs. People (GR. No. 175750-51)
t h ro u g h l e g i t i m a t e m e a n s c a n n o t b e
satisfactorily shown. Bank deposits shall be Elements of violation of Sec. 3(e) of RA 3019:
taken into consideration in the enforcement of • The accused must be a public officer
this section, notwithstanding any provision of discharging administrative, judicial or official
law to the contrary. functions;
• He must have acted with manifest partiality,
JURISPRUDENCE AND DOCTRINES evident bad faith or inexcusable negligence;
1. People vs. Sandiganbayan (GR No. 188165) • That his action caused any undue injury to any
party, including the government, or giving any
Anti-Graft and Corrupt Practices Act; “in private party unwarranted benefits, advantage
connection with a contract or transaction.” or preference in the discharge of his functions.

In issuing the questioned resolution, the There is no doubt that petitioner, being a
Sandiganbayan applied the restrictive meaning of municipal treasurer, was a public officer
the term transaction as used in section 3(b) of R.A. discharging official functions when she misused
3019 adopted in Soriano Jr. v. Sandiganbayan.  such position to be able to take out a loan from
Moleta, who was misled into the belief that
In Soriano Jr., the Supreme Court (SC) pronounced petitioner, as municipal treasurer, was acting on
that “the investigation conducted by the petitioner behalf of the municipality.
was not a contract. Neither was it a transaction
because this term must be construed as analogous In this case, it was not only alleged in the
to the term which precedes it. A transaction, like Information, but was proved with certainty
a contract, is one which involves some during trial that the manner by which petitioner
consideration as in credit transactions and this perpetrated the crime necessarily relates to her
element (consideration) is absent in the official function as a municipal treasurer.
investigation conducted by the petitioner.” Petitioner’s official function created in her favor an
impression of authority to transact business with
The State here argues that the Sandiganbayan Moleta involving government financial concerns.
committed grave abuse of discretion resulting to There is, therefore, a direct relation between the
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Special Penal Laws
commission of the crime and petitioner’s office – 3. Ampil vs. Ombudsman (GR. No. 192685)
the latter being the very reason or consideration
that led to the unwarranted benefit she gained P o w e r a n d D u t y o f t h e O ffi c e o f t h e
from Moleta, for which the latter suffered damages Ombudsman
in the amount of P320,000.00.
• “That the Ombudsman is a constitutional
Two Ways by which a Public Official Violates Sec officer duty bound to “investigate on its own,
3(a) of RA No. 3019 in the performance of their or on complaint by any person, any act or
Functions omission of any public official, employee,
office or agency, when such act or omission
1. by causing undue injury to any party, appears to be illegal, unjust, improper, or
including the Government inefficient” brooks no objection. The
2. by giving any private party any O m b u d s m a n ’s c o n d u c t o f p re l i m i n a r y
unwarranted benefits, advantage or investigation is both power and duty. Thus, the
preference. Ombudsman and his Deputies, are
constitutionalized as protectors of the people,
Evident Bad Faith who “shall act promptly on complaints filed in
any form or manner against public officials or
• In this case, petitioner was charged of violating employees of the government x x x, and shall,
Sec. 3(e) of R.A. No. 3019 under the alternative x x x notify the complainants of the action
mode of "causing undue injury" to Moleta taken and the result thereof.”
committed with evident bad faith, for which • The raison d’être for its creation and
she was correctly found guilty. "Evident bad endowment of broad investigative authority is
faith" connotes not only bad judgment but to insulate the Office of the Ombudsman from
also palpably and patently fraudulent and the long tentacles of officialdom that are able
dishonest purpose to do moral obliquity or to penetrate judges’ and fiscals’ offices, and
conscious wrongdoing for some perverse others involved in the prosecution of erring
motive or ill will. "Evident bad faith" public officials, and through the execution of
contemplates a state of mind affirmatively official pressure and influence, quash, delay, or
operating with furtive design or with some dismiss investigations into malfeasances and
motive of self-interest or ill will or for misfeasances committed by public officers.
ulterior purposes, which manifested in • Plainly, the Ombudsman has “full discretion,”
petitioner’s actuations and representation. based on the attendant facts and
circumstances, to determine the existence of
Coverage of Application of Sec 3(a) probable cause or the lack thereof. On this
score, we have consistently hewed to the
• Given the above disquisition, it becomes p o l i c y o f n o n - i n t e r f e re n c e w i t h t h e
superfluous to dwell further on the issue raised Ombudsman’s exercise of its constitutionally
by petitioner that Sec. 3(e) applies only to mandated powers. The Ombudsman’s finding
o ff i c e r s a n d e m p l o y e e s o f o ff i c e s o r to proceed or desist in the prosecution of a
government corporations charged with the criminal case can only be assailed through
grant of licenses or other concessions. certiorari proceedings before this Court on the
Nonetheless, to finally settle the issue, the last ground that such determination is tainted with
sentence of the said provision is not a grave abuse of discretion which contemplates
restrictive requirement which limits the an abuse so grave and so patent equivalent to
application or extent of its coverage. lack or excess of jurisdiction.
• SC: A prosecution for violation of Sec. 3(e) of
the Anti-Graft Law will lie regardless of whether
or not the accused public officer is "charged
with the grant of licenses or permits or other

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In relation to Sections 3(a) and (e) of Republic “One fact deserves emphasis. The ownership of
Act No. 3019 the condominium units remains in dispute and, by
necessary inference, does not lie as well in MICO.
The elements of Section 3(a) of Republic Act No. By his baseless reliance on Serrano’s word and
3019 are: representation, Espenesin allowed MICO to gain
1.  the offender is a public officer; an unwarranted advantage and benefit in the
2. the offender persuades, induces, or titling of the 38 units in The Malayan Tower.
influences another public officer to
perform an act or the offender allows That a prima facie case for gross negligence
himself to be persuaded, induced, or amounting to violation of Sections 3(a) and (e) of
influenced to commit an act; Republic Act No. 3019 exists is amply supported
3. the act performed by the other public by the fact that Espenesin disregarded the well-
officer or committed by the offender established practice necessitating submission of
constitutes a violation of rules and required documents for registration of property
regulations duly promulgated by in the Philippines:”
competent authority or an offense in
connection with the official duty of the 4. Jaca vs. People (GR. No. 166967)
latter. (Emphasis supplied).
Elements of RA No. 3019 and the prosecutions
Whereas, paragraph (e) of the same section lists evidence
the following elements:
1. the offender is a public officer; Section 3(e) of R.A. No. 3019 has "three elements:
2. the act was done in the discharge of 1. the accused is a public officer
t h e p u b l i c o f f i c e r ’s o f f i c i a l , discharging administrative, judicial, or
administrative or judicial functions; official functions;
3. the act was done through manifest 2. he or she must have acted with
partiality, evident bad faith, or gross manifest partiality, evident bad faith, or
inexcusable negligence; and gross and inexcusable negligence; and
4. the public officer caused any undue 3. [his or her] action caused any undue
injury to any party, including the injury to any party, including the
Government, or gave any unwarranted government, or [gave] any private party
benefits, advantage or preference. unwarranted benefits, advantage, or
preference in the discharge of his or her
In the instant case, the elements of the offenses functions.
under Sections 3(a) and (e) of Republic Act No.
3019, juxtaposed against the functions of a Prosecution and Conviction of a Public Officer
Registrar of the Registry of Deeds establish a prima for Violations of RA. No. 3019
facie graft case against Espenesin and Serrano
only. Under Section 3(a) of Republic Act No. 3019, • SC: We would be setting a bad precedent if a
there is a prima facie case that Espenesin, at the head of office plagued by all too common
urging of Serrano, allowed himself to be problems - dishonest or negligent
persuaded to alter the CCTs originally issued in subordinates, overwork, multiple assignments
ASB’s name, against the procedure provided by or positions, or plain incompetence - is
law for the issuance of CCTs and registration of suddenly swept into a conspiracy conviction
property. In addition, under Section 3(e) of the simply because he did not personally examine
same law, there is likewise a prima facie case that every single detail, painstakingly trace every
Espenesin, through gross inexcusable negligence, step from inception, and investigate the
by simply relying on the fact that all throughout the motives of every person involved in a
transaction to register the subject units at The transaction before affixing his signature as the
Malayan Tower he liaised with Serrano, gave MICO final approving authority.
an unwarranted benefit, advantage or preference
in the registration of the subject units.
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Special Penal Laws
Ombudsman’s Determination of Probable Cause • Such failure to so act is "for the
in RA. No. 3019 purpose of obtaining, directly or
indirectly, from any person interested in
• The fact that Sistoza had knowledge of the the matter some pecuniary or material
status of the contractor as being only the benefit or advantage in favor of an
second lowest bidder does not ipso facto interested party, or discriminating
characterize his act of reliance as recklessly against another.
imprudent xxx. Albeit misplaced, reliance in
good faith by a head of office on a subordinate Attendance of 3 elements in this case can hardly
upon whom the primary responsibility rests be disputed. Controversy lies on the fourth
negates an imputation of conspiracy by gross element.
inexcusable negligence to commit graft and • To warrant conviction for a violation of Section
corruption. As things stand, Sistoza is 3 (f) of the Anti-Graft and Corrupt Practices
presumed to have acted honestly and sincerely Act, the law itself additionally requires that the
when he depended upon responsible accused's dereliction, besides being without
assurances that everything was aboveboard justification, must be for the purpose of (a)
since it is not always the case that second best obtaining, directly or indirectly, from any
bidders in terms of price are automatically person interested in the matter some
disqualified from the award considering that pecuniary or material benefit or advantage
the PBAC reserves the authority to select the in favor of an interested party or (b)
best bid not only in terms of the price offered discriminating against another interested
but other factors as well. x x x party.
• Verily, even if petitioner erred in his assessment • The severity of the penalty imposed by the law
of the extrinsic and intrinsic validity of the leaves no doubt that the legislative intent is to
documents presented to him for endorsement, consider this element to be indispensable.
his act is all the same imbued with good faith • The record is bereft of evidence, albeit
because the otherwise faulty reliance upon his alleged, to indicate that the petitioner's failure
subordinates, who were primarily in charge of to act was motivated by any gain or benefit for
the task, falls within parameters of tolerable himself or knowingly for the purpose of
judgment and permissible margins of error. favoring an interested party or discriminating
Stated differently, granting that there were against another. It is not enough that an
flaws in the bidding procedures, x x x there advantage in favor of one party, as against
was no cause for Sistoza to x x x investigate another, would result from one neglect or
further since neither the defects in the process refusal. Had it been so, the law would have
nor the unfairness or injustice in the actions of perhaps instead said, "or as a consequence of
his subalterns are definite, certain, patent and such neglect or refusal undue advantage is
palpable from a perusal of the supporting derived by an interested party or another is
documents. unduly discriminated against.”
• It is not that We are condoning the misconduct
5. Conrado vs. Sandiganbayan (GR. No. 94955) of the petitioner, nor that we are unmindful of
the prejudice that may have been sustained by
Section 3(f). Elements the private respondent, but the legal remedies
• The offender is a public officer; lie elsewhere, not in the instant action.
• The said officer has neglected or has
refused to act without sufficient
justification after due demand or
request has been made on him;
• Reasonable time has elapsed from such
demand or request without the public
officer having acted on the matter
pending before him; and

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6. Go vs. Fifth Division, Sandiganbayan (GR. Violation of Sec 3(h) of RA. No. 3019
No. 172602)
• Elements:
A private person may be charged with violation 1. The accused is a public officer;
of Sec 3(g) of RA. No. 3019 2. He has a direct or indirect financial or
pecuniary interest in any business,
• The application of the anti-graft law extends to contract, or transaction; and
both public officers and private persons. 3. He either:
• Private persons, when acting in conspiracy with • intervenes or takes part in his
public officers, may be indicted and, if found official capacity in connection
guilty, held liable for the pertinent offenses with such interest, or
under Section 3 of RA 3019. This is in • is prohibited from having such
consonance with the avowed policy of the anti- interest by the Constitution or
graft law to repress certain acts of public by any law.
officers and private persons alike constituting
graft or corrupt practices act or which may lead As can be gleaned from the records, Mayor
thereto. Caballero had nary any participation from the
• The finding of probable cause against drawing of the purchase request to the awarding of
petitioner by the Office of the Ombudsman is the contracts to the lowest bidder by the Awards
a function duly belonging to the latter. The Committee. Quite the contrary, the records reveal
exercise of such function cannot be meddled that after learning that his wifes business entities
with by the courts by virtue of the doctrine of were among those invited to bid, Mayor Caballero
non-interference except for compelling inhibited himself in all the proceedings of the
reasons. Committee on Awards even if he is, by law, the
chairman thereof. It can thus be concluded that the
7. Caballero vs. Sandiganbayan (GR. No. decision by the Awards Committee on who will be
137255-58) the winning bidder was made through its members
own determination and volition and without any
Violation of a Mayor of RA. No. 3019 is within intervention on the part of the mayor.
the Jurisdiction of the Sandiganbayan  
To our mind, such act of the mayor in inhibiting
• The Court held that violations of RA No. 3019 himself from taking part in the Committees
by a municipal mayor come within the proceedings clearly shows that he had never
exclusive original jurisdiction of the intended to influence or pressure the members of
Sandiganbayan because under RA No. 6758, the Committee on Awards to favor his wife’s bid.
otherwise known as the Compensation and When the Committee eventually awarded the
Position Classification Act of 1989, municipal contracts to Theresa Caballero, it was only because
mayors are local officials classified as Grade the Committee found her bid to be the lowest and
27. They thus fall under the catch-all provision the most advantageous to the government, and
of Section 4a(5) of PD 1606 which speaks of not because she is the mayors wife or because the
national and local officials classified as Grade mayor had a pecuniary interest in it. True enough,
27 under the Compensation and Position GPs Catering Services even offered its building
Classification Act of 1989. More accurately, space free of charge for use by the participants in
municipal mayors fall under Section 4a(1) of PD the seminar-workshop. Indeed, the advantage to
1606 as they are officials of the executive the government was two-fold: one, for the lowest
branch occupying the positions of regional price quotation for the supply of meals; and the
director and higher, otherwise classified as other, for the free use of the building space as
Grade 27 and higher, of the Compensation convention hall for the entire duration of the
and Position Classification Act of 1989. seminar-workshop. With such advantage to the
government, it is only logical and appropriate for
Mayor Caballero to approve the awards. Even
then, his approval of the awards in favor of his
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Special Penal Laws
wifes business establishments came after the established by direct evidence, for it may be
decision had already been reached by the inferred from the conduct of the accused
Committee on Awards, thus he cannot be said to before, during, and after the commission of
have influenced the same. It is, therefore, safe to the crime, all taken together, the evidence
say that the mayor did not intervene in the must reasonably be strong enough to show
transactions as the contracts therefor were community of criminal design.
a w a rd e d b y t h e C o m m i t t e e w i t h o u t h i s • Certainly, there is no conspiracy in just being
participation. married to an erring spouse. For a spouse or
any person to be a party to a conspiracy as to
8. Teves vs. Sandiganbayan (GR. No. 154182) be liable for the acts of the others, it is
essential that there be intentional participation
Violation of Section 3(h), Elements in the transaction with a view to the
furtherance of the common design. Except
• Elements: when he is the mastermind in a conspiracy, it is
1. The accused is a public officer; necessary that a conspirator should have
2. He has a direct or indirect financial or performed some overt act as a direct or
pecuniary interest in any business, indirect contribution in the execution of the
contract, or transaction; and crime planned to be committed. The overt act
3. He either: must consist of active participation in the
• intervenes or takes part in his actual commission of the crime itself or of
official capacity in connection moral assistance to his co-conspirators.
with such interest, or
• is prohibited from having such
interest by the Constitution or
by any law.

There are, therefore, two modes by which a public

officer who has a direct or indirect financial or
pecuniary interest in any business, contract, or
transaction may violate Section 3(h) of the Anti-
Graft Law. The first mode is if in connection with
his pecuniary interest in any business, contract or
transaction, the public officer intervenes or takes
part in his official capacity. The second mode is
when he is prohibited from having such interest by
the Constitution or any law.


• Petitioner Teresita Teves must, however, be

acquitted. The charge against her is conspiracy
in causing the issuance of the appropriate
business permit/license to operate the
Valencia Cockpit and Recreation Center. For
this charge, she was acquitted. But as
discussed earlier, that charge also includes
conspiracy in the possession of prohibited
• Conspiracy must be established separately
from the crime itself and must meet the same
degree of proof, i.e., proof beyond reasonable
doubt. While conspiracy need not be
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Special Penal Laws
XIV.AN ACT PENALIZING THE MAKING OR such check has not been paid by the
AND FOR OTHER PURPOSES (BP. Blg. 22) 3. Importance of 5, 90, and 180 day periods in
Prosecution of Offenses
1. Punishable Acts
• 5 Days: The maker or issuer must make
• Checks without sufficient funds. - Any person arrangements to make good the check within 5
who makes or draws and issues any check to days to escape criminal liability for issuing a
apply on account or for value, knowing at the rubber check
time of issue that he does not have sufficient • 90 Days: He must maintain sufficient funds
funds in or credit with the drawee bank for the within the 90 day period of time to destroy the
payment of such check in full upon its prima facie presumption of knowledge of
presentment, which check is subsequently insufficiency of funds to back up the check
dishonored by the drawee bank for • 180 Days: Failure of the payee to deposit or
insufficiency of funds or credit or would have encash the check within the 180-day period
been dishonored for the same reason had not will make the check stale or valueless, hence
the drawer, without any valid reason, ordered no criminal action can arise therefrom.
the bank to stop payment.
• Any person who, having sufficient funds in or 4. Compare with RPC Article 315
credit with the drawee bank when he makes or
draws and issues a check, shall fail to keep Art. 315. Swindling (estafa). Any person who shall
sufficient funds or to maintain a credit to cover defraud another by any of the means mentioned
the full amount of the check if presented within herein below . .
a period of ninety (90) days from the date
appearing thereon, for which reason it is .xxx xxx xxx
dishonored by the drawee bank. (Section 1) 2. By means of any of the following false pretenses
or fraudulent acts, executed prior to or
2. Evidence of Knowledge of Insufficient Funds simultaneously with the commission of the fraud;
xxx xxx xxx
• The making, drawing and issuance of a check
payment of which is refused by the drawee (d) By postdating a check or issuing a check in
because of insufficient funds in or credit with payment of an obligation when the offender had
such bank, when presented within ninety (90) no funds in the bank, or his funds deposited
days from the date of the check, shall be prima therein were not sufficient to cover the amount of
facie evidence of knowledge of such the check.
insufficiency of funds or credit unless such
maker or drawer pays the holder thereof the • What petitioner failed to mention in his
amount due thereon, or makes arrangements argument is the fact that deceit and damage
for payment in full by the drawee of such check are essential elements in Article 315 (2-d)
within (5) banking days after receiving notice Revised Penal Code, but are not required in
that such check has not been paid by the Batas Pambansa Bilang 22. Under the latter
drawee. (Section 2) law, mere issuance of a check that is
• Exceptions: If the maker or drawer: dishonored gives rise to the presumption of
Pays the holder thereof the amount due knowledge on the part of the drawer that he
thereon within 5 banking days after issued the same without sufficient funds and
receiving notice that such check has not hence punishable (People v. Veridiano, 132
been paid by the drawee SCRA 523) which is not so under the Penal
Makes arrangements for payment in full Code.
by the drawee of such check within 5
banking days after receiving notice that

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Special Penal Laws
• Other differences between the two also 2. Ricaforte vs. Jurado
include the following:
a. a drawer of a dishonored check may be As to petitioner’s claim that subject checks were
convicted under Batas Pambansa not issued to account or for value but solely to
Bilang 22 even if he had issued the guarantee another person’s checks
same for a pre-existing obligation,
while under Article 315 (2-d) of the • not a defense against a charge for violation of
Revised Penal Code such circumstance B.P. Blg. 22.
negates criminal liability; • It bears stressing that, whether a person is an
b. specific and different penalties are accommodation party is a question of intent.
imposed in each of the two offenses; When the intent of the parties does not appear
c. estafa is essentially a crime against on the face of the check, it must be
property, while violation of Batas ascertained in the light of the surrounding facts
Pambansa Bilang 22 is principally a and circumstances. Invariably, the tests applied
crime against public interest as it does are the purpose test and the proceeds test. x x
injury to the entire banking system; x. And even assuming she was such party, this
d. violations of Article 315 of the Revised circumstance is not a defense to a charge for
Penal Code are mala in se, while those violation of B.P. 22. What the law punishes is
of Batas Pambansa Bilang 22 are mala the issuance itself of a bouncing check and not
prohibita. (Nierras vs. Dacuycuy) the purpose for which it was issued or of the
terms and conditions relating to its issuance.
JURISPRUDENCE AND DOCTRINES The mere act of issuing a worthless check,
whether merely as an accommodation, is
1. Nierras vs. Dacuycuy covered by B.P. 22. Hence, the agreement
surrounding the issuance of a check is
Difference between BP 22 and Article 315 of irrelevant to the prosecution and conviction of
RPC the petitioner.
• The Court has consistently declared that the
• See above. cause or reason for the issuance of the check is
• While the filing of the two sets of Information inconsequential in determining criminal
under the provisions of Batas Pambansa Bilang culpability under BP 22. The Court has since
22 and under the provisions of the Revised said that a "check issued as an evidence of
Penal Code, as amended, on estafa, may refer debt, although not intended for encashment,
to identical acts committed by petitioner, the has the same effect like any other check" and
prosecution thereof cannot be limited to one must thus be held to be "within the
offense, because a single criminal act may give contemplation of BP 22." Once a check is
rise to a multiplicity of offenses and where presented for payment, the drawee bank gives
there is variance or differences between the it the usual course whether issued in payment
elements of an offense in one law and another of an obligation or just as a guaranty of an
law as in the case at bar there will be no obligation. BP 22 does not appear to concern
double jeopardy because what the rule on itself with what might actually be envisioned by
double jeopardy prohibits refers to identity of the parties, its primordial intention being to
elements in the two (2) offenses. Otherwise instead ensure the stability and commercial
stated prosecution for the same act is not value of checks as being virtual substitutes for
prohibited. What is forbidden is prosecution currency. It is a policy that can easily be eroded
for the same offense. Hence, the mere filing of if one has yet to determine the reason for
the two (2) sets of information does not itself which checks are issued, or the terms and
give rise to double jeopardy. conditions for their issuance, before an
appropriate application of the legislative
enactment can be made. The gravamen of the
offense under BP 22 is the act of making or
issuing a worthless check or a check that is
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dishonored upon presentment for payment. the check gains knowledge of the insufficiency,
The act effectively declares the offense to be unless within five banking days from receipt of
one of malum prohibitum. The only valid query the notice of dishonor, the drawer pays the
then is whether the law has been breached, holder of the check or makes arrangements
i.e., by the mere act of issuing a bad check, with the drawee bank for the payment of the
without so much regard as to the criminal check. The service of the notice of dishonor
intent of the issuer. gives the drawer the opportunity to make
good the check within those five days to avert
SC: Consequently, what remains to be significant his prosecution for violating BP 22.
are the facts that the accused had deliberately
issued the checks in question to cover accounts Elements of BP 22
and those same checks were dishonored upon
presentment, regardless of the purpose for such a. a person makes or draws and issues a check to
issuance. apply on account or for value;
b. the person who makes or draws and issues the
3. Mitra vs. People check knows at the time of issue that he does
not have sufficient funds in or credit with the
Whether or not the elements of the violation of drawee bank for the full payment of the check
BP 22 must be proved beyond reasonable doubt upon its presentment; and
as against a corporation who owns the current c. the check is subsequently dishonored by the
account where the subject checks were drawn, drawee bank for insufficiency of funds or
before the liability attaches to the signatories credit, or would have been dishonored for the
same reason had not the drawer, without any
• Mitra posited in the petition that before the valid reason, ordered the bank to stop
signatory to a bouncing corporate check can payment.
be held liable, all the elements of the crime of
violation of BP 22 must first be proven against 4. Lim vs. People
the corporation. The corporation must first be
declared to have committed the violation As to petitioner’s assertion that he is not guilty
before the liability attaches to the signatories of violation of BP 22 as the subject checks lack
of the checks.  valuable consideration
• The Court cited the case of Llamado v. Court
of Appeals, where it ruled that the accused • Upon issuance of the said checks, it is
was liable on the unfunded corporate check presumed, in the absence of evidence to the
which he signed as treasurer of the contrary, that the same was issued for valuable
corporation. He could not invoke his lack of consideration. B.P. Blg. 22 punishes the
involvement in the negotiation for the issuance of a bouncing check. It is also worthy
transaction as a defense because BP 22 to note that it is not the non-payment of an
punishes the mere issuance of a bouncing obligation which the law punishes, but the act
check, not the purpose for which the check of making and issuing a check that is
was issued or in consideration of the terms dishonored upon presentment for payment.
and conditions relating to its issuance. In this • The purpose for which it was issued and the
case, Mitra signed the LNCC checks as terms and conditions relating to its issuance
treasurer. Following Llamado, she must then are immaterial. What is primordial is that such
be held liable for violating BP 22.    issued checks were worthless and the fact of its
• Another essential element of a violation of BP worthlessness is known to appellant at the time
22 is the drawer’s knowledge that he has of their issuance, a required element under B.P.
insufficient funds or credit with the drawee Blg. 22. This is because the mere act of issuing
bank to cover his check. Because this involves a worthless check is malum prohibitum.
a state of mind that is difficult to establish, BP
22 creates the prima facie presumption that
once the check is dishonored, the drawer of
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5. Griffith vs. CA That the money value of the two checks signed by
petitioner was already collected, however, could
ISSUE: The principal issue in this case is whether not be ignored in appreciating the antecedents of
petitioner Geoffrey F. Griffith, president of Lincoln the two criminal charges against petitioner.
Gerard, Inc., has been erroneously convicted and Because of the invalid foreclosure and sale, Phelps
sentenced for violation of the Bouncing Checks Dodge was ordered to pay or return P1,072,586.88
Law (Batas Pambansa Blg. 22). But private to Lincoln Gerard, per decision of the Regional
respondent appears to have collected more than Trial Court of Pasig, Branch 69, which became final
the value of the two checks in question before after it was affirmed by the appellate court. We
the filing in the trial court of the case for cannot, under these circumstances, see how
violation of B.P. 22. Hence, petitioner insists he petitioners conviction and sentence could be
has been wrongfully convicted and sentenced. To upheld without running afoul of basic principles of
resolve this issue, we must determine whether the fairness and justice. For Phelps Dodge has, in our
alleged payment of the amount of the checks two view, already exacted its proverbial pound of
years prior to the filing of the information for flesh through foreclosure and auction sale as its
violation of B.P. 22 justifies his acquittal. chosen remedy.

SC: Note that in the two criminal cases filed by We are persuaded that the defense has good and
Phelps Dodge against petitioner, the checks issued solid defenses against both charges in Criminal
were corporate checks that Lincoln Gerard Cases Nos. 73260-61. We can even say that the
allegedly failed to fund for a valid reason duly decision rendered in Branch 69 in Civil Case No.
communicated to the payee. Further, it bears 55276, well-written as it is, had put up a
repeating that Phelps Dodge, through a notarial formidable obstacle to any conviction in the
foreclosure and auction that were later on criminal cases with the findings therein made that
judicially declared invalid, sold Lincoln Gerards the sale by public auction of the properties of
property for cash amounting to P1,120,540 to Lincoln was illegal and had no justification under
satisfy Phelps Dodge claim for unpaid rentals. the facts; that also the proceeds realized in the said
Said property was already in Phelps Dodges sale should be deducted from the account of
custody earlier, purportedly because a new Lincoln with Phelps, so that only P47,953.12 may
tenant was moving into the leased premises. only be the rentals in arrears which Lincoln should
pay, computed at P301,953.12 less P254,600.00;
The obligation of Lincoln Gerard to Phelps that out of what had happened in the case as the
Dodge for said rentals was only P301,953.12. trial court had resolved in its decision, Phelps is
duty bound to pay Lincoln in damages
Thus, by resorting to the remedy of foreclosure P1,072,586.88 from which had been deducted the
and auction sale, Phelps Dodge was able to amount of P47,953.12 representing the balance of
collect the face value of the two checks, the rental in arrearages; and that consequently,
totalling P215,442.65. In fact, it impounded there is absolutely no consideration remaining in
items owned by Lincoln Gerard valued far in support of the two (2) subject checks.
excess of the debt or the checks.
In sum, considering that the money value of the
THIS WAS THE SITUATION WHEN, ALMOST two checks issued by petitioner has already
TWO YEARS AFTER THE AUCTION SALE, been effectively paid two years before the
PETITIONER WAS CHARGED WITH TWO informations against him were filed, we find
COUNTS OF VIOLATION OF B.P. 22. merit in this petition. We hold that petitioner
herein could not be validly and justly convicted
By that time, the civil obligation of Lincoln or sentenced for violation of B.P. 22. Whether
Gerard, Inc. to Phelps Dodge Phils. Inc. was no the number of checks issued determines the
longer subsisting, though respondent Court of number of violations of B.P. 22, or whether there
A p p e a l s c a l l s t h e p a y m e n t t h e re o f a s should be a distinction between postdated and
involuntary. other kinds of checks need no longer detain us

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for being immaterial now to the determination had no sufficient funds for the check. In fact, it
of the issue of guilt or innocence of petitioner. appears that when he authorized RBSJ to date
his check on February 16, 1990, his current
GPS Lecture: account was already closed two weeks earlier,
• This is an exceptional case wherein the on February 2, 1990.
Supreme Court accepted the defense of good • Assuming arguendo that the payee had
faith. In knowledge that he had insufficient funds at the
time he issued the check, such knowledge by
6. Magno vs. CA the payee is immaterial as deceit is not an
essential element of the offense under Batas
The crux of the matter rest upon the reason for the Pambansa Bilang 22.
drawing of the postdated checks by Magno, i.e. • The gravamen of the offense is the issuance of
whether they were drawn or issued “to apply on a bad check; hence, malice and intent in the
account or for value,” as required under Section 1 issuance thereof are inconsequential.
of BP 22. When viewed against the definitions of
“warranty” and “deposit,” for which the postdated 8. Moster vs. People
checks were issued or drawn, the alleged crime
could not have been committed by Magno. BP 22 is punishable as malum prohibitum
Furthermore, the element of “knowing at the time
of issue that he does not have sufficient funds in or • B.P. Blg. 22 punishes as malum prohibitum the
credit with the drawee bank....:” is inversely mere issuance of a worthless check, provided
applied in the case. From the beginning, Magno the other elements of the offense are proved.
never hid the fact that he had no funds. Magno, Section 1 enumerates the elements of B.P. Blg.
thus, was acquitted of the crime charged. 22, as follows: (1) the making, drawing, and
issuance of any check to apply on account or
7. Rigor vs. People for value; (2) the knowledge of the maker,
drawer, or issuer that at the time of issue he
As to the issue raised by petitioner “Absent the does not have sufficient funds in or credit with
element of knowingly issuing a worthless check the drawee bank for the payment of the check
entitles the petitioner to acquittal” in full upon its presentment; and (3) the
subsequent dishonor of the check by the
• Knowledge involves a state of mind difficult to drawee bank for insufficiency of funds or credit
establish. We hold that appellants admission of or dishonor for the same reason had not the
the insufficiency of his fund at the time he drawer, without any valid cause, ordered the
issued the check constitutes the very element bank to stop payment.
of knowledge contemplated in Sec. 1 of BP 22. • Upon careful examination of the records,
The prima facie presumption of knowledge however, the Court found that only the first
required in Sec. 2, Ibid., does not apply and third elements have been established by
because (a) the check was presented for the prosecution. By her own admission,
payment only on May 25, 1990 or beyond the petitioner issued the three subject checks, two
90-day period, which expired on May 16, 1990, of which were presented to PhilBank but were
counted from the maturity date of the check dishonored and stamped for the reason
on February 16, 1990 and (b) an actually “Account Closed”. Under Section 3 of B.P. Blg.
admitted knowledge of a fact needs no 22, the introduction in evidence of the
presumption. dishonored check, having the drawee’s refusal
• While it is true that if a check is presented to pay stamped or written thereon, or attached
beyond ninety (90) days from its due date, thereto, with the reason therefor as aforesaid
there is no more presumption of knowledge by shall be prima facie evidence of the making or
the drawer that at the time of issue his check issuing of the said checks and the due
has no sufficient funds, the presumption in this presentment to the drawee for payment and
case is supplanted by appellants own the dishonor thereof, and that the same was
admission that he did not hide the fact that he properly dishonored for the reason written,
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stamped or attached thereto by the drawee on
such dishonored checks.
• As to the second element, Section 2 of B.P.
Blg. 22 creates the presumption that the issuer
of the check was aware of the insufficiency of
funds when he issued a check and the bank
dishonored it. This presumption, however,
arises only after it is proved that the issuer had
received a written notice of dishonor and that,
within five days from receipt thereof, he failed
to pay the amount of the check or to make
arrangements for its payment.

Mere Preponderance of Evidence is Sufficient

• Ordinarily, preponderance of evidence is

sufficient to prove notice. But in criminal cases,
the quantum of proof required is proof beyond
reasonable doubt. In the instant case, the
prosecution merely presented a copy of the
demand letter allegedly sent to petitioner
through registered mail and the registry return
card. There was no attempt to authenticate or
identify the signature on the registry return
card. All that we have on record is an illegible
signature on the registry receipt as evidence
that someone received the letter. As to
whether this signature is that of petitioner or
her authorized agent remains a mystery.
Receipts for registered letters and return
receipts do not by themselves prove receipt;
they must be properly authenticated to serve
as proof of receipt of the letters, claimed to be
a notice of dishonor. Unfortunately, the
prosecution presented only the testimony of
Presas to prove mailing and receipt of the
demand letter.

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XV. ANTI MONEY LAUNDERING LAW (RA 9160) 4. Who can be guilty of money laundering?
• Any person knowing that any monetary
1. What is the purpose of this Act? instrument or property represents, involves, or
• To protect and preserve the integrity and relates to, the proceeds of any unlawful
confidentiality of bank accounts and to ensure activity, transacts or attempts to transacts said
that the Philippines shall not be used as a monetary instrument or property.
money laundering site for the proceeds of any • Any person knowing that any monetary
unlawful activity. Consistent with its foreign instrument or property involves the proceeds
policy, the State shall extend cooperation in of any unlawful activity, performs or fails to
transnational investigations and prosecutions perform any act as a result of which he
of persons involved in money laundering falicitates the offense of money laundering
activities wherever committed. referred to in paragraph (a) above.
• Any person knowing that any monetary
2. What is a money laundering offense? instrument or property is required under this
• It is a crime whereby the proceeds of an Act to be disclosed and filed with the Anti-
unlawful activity as herein defined are Money Laundering Council (AMLC), fails to do
transacted, thereby making them appear to so.
have originated from legitimate sources.
5. May a person be charged with and
3. What are unlawful activities? convicted of both the offense of money
• Any act or omission or series or combination laundering and the unlawful activity as
thereof involving or having direct relation to herein defined?
following: • Yes.
• Kidnapping for ransom
• Violations under the Comprehensive 6. May the AMLC inquire into or examine any
Dangerous Act of 2002 particular deposit or investment?
• Violations under Anti-Graft and Corrupt • Yes. But only upon order of any competent
Practices Act court in cases of violation of this Act, when it
• Plunder has been established that there is probable
• Robbery and extortion cause that the deposits or investments are
• Jueteng and Masiao related to an unlawful activities or a money
• Piracy on the high seas laundering offense.
• Qualified theft • Exceptions: Unlawful activities defined in
• Swindling numbers (1), (2) and (12).
• Smuggling
• Violations under the E-Commerce Act
of 2000;
• Hijacking and other violations under
Republic Act No. 6235; destructive
arson and murder, including those
perpetrated by terrorists against non-
combatant persons and similar targets
• Fraudulent practices and other
violations under Securities Regulation
Code of 2000
• Felonies or offenses of a similar nature
that are punishable under the penal
laws of other countries.

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