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CRIMES AGAINST NATIONAL SECURITY than six (6) years, which may also carry with it the accessory

which may also carry with it the accessory penalty


of absolute perpetual disqualification from public office should the
1. ANTI-WIRE TAPPING (Chui Reviewer) offender be a public official at the time of the commission of the
offense. Should the offender be an alien, he shall immediately be
Acts prohibited subject to deportation proceedings.
R.A. 4200 prohibits any person, not being authorized by all the parties
to any private communication or spoken word: Inadmissibility of evidence
a. to tap any wire, or cable, using any other device or Any communication or spoken word, or the existence, contents,
arrangement, to secretly overhear, intercept or record such substance, purport, effect, or meaning f the same or any part thereof,
communication or spoken word by using a device commonly or any information therein contained obtained or secured by any
known as a dictaphone, dictagraph, detectaphone, walkie- person in violation of the law shall not be admissible in evidence in any
talkie, tape recorder, or however otherwise described,5 judicial, quasi-judicial, legislative or administrative hearing or
b. to knowingly possess any tape record, wire record, disc investigation.
record, or any other such record,6
c. to replay the same for any other person or persons,7 or Wire-tapping, when valid
d. to communicate the contents thereof, whether complete or Where a peace officer, under the authority of a written order of the
partial, to any other person.8 Court, commits such acts otherwise declared unlawful by R.A. 4200 in
The recording of private conversations without the consent of the cases involving:
parties contravenes the provisions of Rep. Act No. 4200, otherwise a. Treason;
known as the Anti-Wire Tapping Law, and renders the same b. Espionage;
inadmissible in evidence in any proceeding. The law covers even c. Provoking war and disloyalty in case of war;
those recorded by persons privy to the private communications.9 d. Piracy;
e. Mutiny in the high seas;
Purpose f. Rebellion;
The purpose of the law is to protect a person’s right to privacy over the g. Conspiracy and proposal to commit rebellion;
communications made by him to another person. However, this can h. Inciting to rebellion;
be subject to a limitation when the communication involved is a matter i. Sedition;
of important public concern. The airing of the Garci Tapes does not j. Conspiracy to commit sedition;
violate the right to privacy because the content of the Garci Tapes is k. Inciting to sedition;
a matter of important public concern—the Constitution guarantees the l. Kidnapping as defined by the Revised Penal Code; and
people’s right to information on matters of public concern.10 m. Violations of Commonwealth Act No. 616 (punishing
The statute’s intent to penalize all persons unauthorized to make such espionage and other crimes against 
 national security.
recording underscored by the use of the qualifier ―any.‖ Such officer shall not be considered violating the law provided that
Consequently, even a person privy to a communication who records such written order was issued and granted upon written application
his private conversation with another without the knowledge of the and examination under oath or affirmation of the applicant and the
latter qualifies as a violator of R.A. 4200.11 witnesses that he may produce showing reasonable grounds to
believe that the abovementioned crimes has been committed, being
Penalty committed, or about to be committed.
A person who is found guilty of the abovementioned acts shall be
punished by imprisonment of not less than six (6) months but not more
There should also be belief that evidence that will be acquired will be
essential for conviction, and that there are no other means readily
available to obtain such evidence.
In cases of rebellion, conspiracy and proposal to omit rebellion, inciting
to rebellion, sedition, conspiracy to commit sedition, and inciting to
sedition, such authority shall be granted only upon prior proof that a
rebellion or acts of sedition have actually been or are being committed
(i.e., not about to be committed).
2. ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY presumed that any person who does any of the acts provided in this
Section has performed knowingly, unless the contrary is proven.
Law:
PD 532 – “Anti-Piracy And Anti-Highway Robbery Law Of 1974” Case Doctrines:
- PD 532 does not punish acts of robbery committed against
Policy: only a predetermined or a particular victim. A single act of
To discourage lawless elements from perpetrating acts of robbery against a particular person could not be considered
depredations by imposing 
 heavy penalty on the offenders with the as committed against “innocent and defenseless inhabitants
end in view of eliminating all obstacle to the economic, social, who travel from one place to another’ which is outlined in PD
education and community progress of the people 532.
- P.D. No. 532 treats of "highway robbery/brigandage" or
Important Terms: "indiscriminate highway robbery" and, therefore, if the
1) Piracy. Any attack upon or seizure of any vessel, or the taking purpose is only a particular robbery, the crime is only
away of the whole or part thereof or its cargo, equipment, or the robbery, or robbery in band if there are at least four armed
personal belongings of its complement or passengers, irrespective of participants.
the value thereof, by means of violence against or intimidation of
persons or force upon things, committed by any person, including a
passenger or member of the complement of said vessel, in Philippine
waters, shall be considered as piracy. The offenders shall be
considered as pirates and punished as hereinafter provided.
2) Highway Robbery/Brigandage. The seizure of any person for
ransom, extortion or other unlawful purposes, or the taking away of
the property of another by means of violence against or intimidation
of person or force upon things of other unlawful means, committed
by any person on any Philippine Highway.

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

- malum prohibitum

Punishable acts
- Compelling the pilot of an aircraft of Philippine registry to change
course or destination, or otherwise usurping or seizing control while
it is in flight
• in flight — when all the exterior doors thereof are closed following
embarkation until opened for disembarkation, although it has not
moved away.
• If not in flight, R.A. 6235 is not violated, but it may be considered
a crime under the RPC, such as grave threats or coercion.
- Compelling an aircraft of foreign registry to land in any part of the
Philippine territory or usurping or seizing control of such. (no
requirement that it be in flight)
• when the two acts mentioned above are accompanied by
murder, rape, homicide or serious physical injuries, a special
complex crime is committed.
- Carrying or loading on board a passenger aircraft operating as a
public utility in the Philippines, substances which are corrosive,
flammable, explosive, or poisonous
• mere carrying of mentioned substance is punished
- Shipping or loading such substances on a cargo aircraft operating
as a public utility in the
Philippines in a manner not in accord with the rules and regulations
issued by the Air
Transportation Office
• mere carrying is not punished but failure to comply with rules and
regulations of ATO
• if the prohibited substances causes another commission of a
crime, it can also be prosecuted under the RPC unlike in the first
2 punishable acts wherein they are considered qualifying
circumstances
4. CYBERCRIME
• acquired without right or with intellectual property interests
Punishable acts in it
- Offenses against confidentiality, integrity, and availability of
- Computer-related offenses
computer data and systems • Forgery
• Illegal access — unauthorized access to the whole or any part of - unauthorized input, alteration, or deletion of any computer
a computer system data resulting in inauthentic data with intent to claim such as
authentic for legal purposes
• Illegal interception — unauthorized interception of any non-public
transmission of computer data - knowingly using forged computer data as defined above to
perpetuate a fraudulent or dishonest design
• Data interference — unauthorized intentional or reckless
alteration, damaging, deletion, or deterioration of computer data; • Fraud — unauthorized input, alteration, or deletion of computer
includes transmission of viruses data or interference in the functioning of a computer system

• System interference — unauthorized intentional or reckless • Identity theft — intentional acquisition, use, transfer, possession,
hindering or interference of a computer or computer network by alteration, or deletion of identifying information of another natural
inputting or transmitting computer data or through data or juridical person
interference - Content-related offenses
• Misuse of devices • Cybersex — willful engagement or operation of any lascivious
- unauthorized use, production, procurement, or distribution of: exhibition of sexual organ or activity using computer for favor or
consideration
• a device, including a computer program, designed for
purposes of committing any other offenses under this Act • Child pornography — punishable acts under Anti-Child
Pornography Act committed using a computer; 1 degree higher
• an access data such as a password to access a computer
system with intent to commit any other offenses under this • Libel — commission of libel as defined in RPC using computer
Act (hacking devices) - Other offenses
- possession of above-mentioned items with intent to use for
committing any other offenses under this Act
• Aiding or abetting — any person who willfully aids in committing
any of the offenses enumerated except for libel is liable
• Cyber-squatting
• Attempt — willful attempt of any offense in this Act is punishable
- Acquisition of a domain name (website) in bad faith to profit, Disini v. Exec. Secretary
mislead, destroy reputation, or deprive others from registering - Punishing spamming is unconstitutional (Unsolicited commercial
the same if such domain name is:
communications)
• similar to an existing registered trademark at the time of the - No aiding and abetting with respect to libel
domain name registration
- Prosecution for both libel and child pornography and their online
• similar with the name of a person other than the registrant counterparts violates right against double jeopardy
- Real-time collection of traffic data is unconstitutional
- Restriction or blocking access to computer data is unconstitutional
5. HUMAN SECURITY ACT - Existence of provisions penalizing accomplice and
accessory, as compared to other SPLs which do not
Law: recognize their participation
RA 9372 - Exception to Anti-Wiretapping Law: Police, upon a written
order of the CA, may listen to, intercept, and record any
Policy: communication between members of a judicially declared
Protection of life, liberty, and property from acts of terrorism. and outlawed terrorist organization or group of persons or of
any person charged with or suspected of the crime of
Punishable Acts: terrorism or conspiracy to commit terrorism.
1. Terrorism: Sowing and creating a condition of widespread - Exception to Exception: Correspondence between lawyers
and extraordinary fear and panic among the populace, in and clients, doctors and patients, journalists and their
order to coerce the government to give in to an unlawful sources and confidential business
demand by committing: - Official Custodial Logbook: public document made available
a. Piracy in general and mutiny in the high seas or in for the inspection and scrutiny of the lawyer/s of the person
the Philippine waters under custody, which contains information about the
b. Rebellion detained victim and visits to him while in detention,
c. Coup d’état, including acts committed by private specifically related to medical treatment
persons - In concurrence with Anti-Torture, but the scope under this
d. Murder law extends only to persons investigating and interrogating
e. Kidnapping and serious illegal detention suspects under this act
f. Crimes involving destruction - Additional exception to the Bank Secrecy Law
i. Arson - Extraterritorial application to
ii. Toxic substances and hazardous and o Individual persons who commit any of the crimes
nuclear waste control defined and punished in this Act within the terrestrial
iii. Atomic energy regulatory and liability domain, interior waters, maritime zone, airspace of
iv. Hijacking the Philippines
v. Piracy and highway robbery o Individual persons who commit, conspire or plot to
vi. Firearms and ammunitions commit any of the crimes defined and punished in
2. Conspiracy to commit terrorism this Act inside the territorial limits of the PH
o Individual persons who commit any of the said
Penalty: crimes on board Philippine ship or Philippine airship
1. 40 years of imprisonment, without the benefit of parole o Individual persons who commit any of said crimes
2. Conspirators: 40 years of imprisonment within any embassy, consulate or diplomatic
premises belonging to or occupied by the Philippine
Other notes: government in an official capacity
- Court of Appeals designated as special court to handle anti- o Individual persons who commit said crimes against
terrorism cases Philippines citizens or persons Philippines descent,
- Prosecution under this act bars prosecution in another SPL where their citizenship or ethnicity was a factor in the
or the RPC commission of the crime
o Individual persons who commit said crimes directly
against the Philippine government
- RPC is applicable
PROPERTY AND ECONOMY - The Collector of Customs of a principal port of entry shall, within
seven days after the arrival of the imported motor vehicle or any
of its parts make a report of the shipment to the Land
6. CARNAPPING
Transportation Commission.
- Certificate of clearance needed for:
Law:
- Any person who shall undertake to assemble or rebuild
RA 6539 – “Anti-Carnapping Act of 1972”
of a motor vehicle or who shall cause the assembly or
RA 7659 - “Amendment of Other Special Penal Laws”
rebuilding of a motor vehicle
- Inter-island shipping
Elements of Carnapping:
- It shall be unlawful for any person to deface or otherwise tamper
1) Actual taking of the vehicle
with the original or registered serial number of motor vehicle
2) Intent to gain by the offender
engines, engine blocks and chassis.
3) Vehicle belongs to another
- Qualifying Circumstance: If the owner, driver or occupant of the
4) Taking is without consent of the owner OR was committed by
carnapped vehicle is killed or raped in the commission of the
means of violence against/intimidation of persons or by using force
carnapping
upon things.
- Aliens convicted under the provisions of this Act shall be
deported immediately after service of sentence without further
Important Terms:
proceedings by the Deportation Board.
1) Motor vehicle – is any vehicle propelled by any power other than
muscular power using the public highways, but excepting road
Case Doctrine:
rollers, trolley cars, street-sweepers, sprinklers, lawn mowers,
Intent to gain is presumed from the unlawful taking. Actual gain is
bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not
irrelevant. Gain is not merely limited to pecuniary benefit by also
used on public highways, vehicles, which run only on rails or tracks,
benefit which any other sense may be derived or expected. Mere use
and tractors, trailers and traction engines of all kinds used
without the owner’s consent constitutes gain.
exclusively for agricultural purposes. Trailers having any number of
wheels, when propelled or intended to be propelled by attachment to
a motor vehicle, shall be classified as separate motor vehicle with no
power rating.

Regulation:
- All motor vehicles are to be registered with the Land
Transportation Commission (now LTO). All unregistered will be
considered as an untaxed importation, coming from an illegal
source, or carnapped and shall be confiscated by the
government. The registry would then be furnished to the
Philippine Constabulary (Now PNP) as well as all Land
Transportation Commission offices.
- Registration would include all sale, transfer, conveyance,
substitution or replacement of motor vehicle engine,
engine block or chassis.
7. ARSON f. Any railway or bus station, airport, wharf or
warehouse.
PD 1613 – Amending the law on arson
Special aggravating circumstances (to be imposed in maximum
Three kinds of arson: period):
1. Arson (prision mayor) 1. If committed with intent to gain;
a. Any person who burns or 2. If committed for the benefit of another;
b. Sets fire to the property of another 3. If the offender is motivated by spite or hatred towards the
2. Destructive arson (reclusion temporal in maximum to owner or occupant of the property burned;
reclusion perpetua) 4. If committed by a syndicate – planned or carried out by a
a. Any ammunition factory and other establishment group of three (3) or more persons
where explosives, inflammable or combustible
materials are stored. Prima Facie evidence of Arson:
b. Any archive, museum, whether public or private, or 1. If the fire started simultaneously in more than one part of the
any edifice devoted to culture, education or social building or establishment.
services. 2. If substantial amount of flammable substances or materials
c. Any church or place of worship or other building are stored within the building note necessary in the business
where people usually assemble. of the offender nor for household us.
d. Any train, airplane or any aircraft, vessel or 3. If gasoline, kerosene, petroleum or other flammable or
watercraft, or conveyance for transportation of combustible substances or materials soaked therewith or
persons or property containers thereof, or any mechanical, electrical, chemical,
e. Any building where evidence is kept for use in any or electronic contrivance designed to start a fire, or ashes or
legislative, judicial, administrative or other official traces of any of the foregoing are found in the ruins or
proceedings. premises of the burned building or property.
f. Any hospital, hotel, dormitory, lodging house, 4. If the building or property is insured for substantially more
housing tenement, shopping center, public or private than its actual value at the time of the issuance of the policy.
market, theater or movie house or any similar place 5. If during the lifetime of the corresponding fire insurance
or building. policy more than two fires have occurred in the same or
g. Any building, whether used as a dwelling or not, other premises owned or under the control of the offender
situated in a populated or congested area. and/or insured.
3. Other cases of arson (reclusion temporal to perpetua) 6. If shortly before the fire, a substantial portion of the effects
a. Any building used as offices of the government or insured and stored in a building or property had been
any of its agencies; withdrawn from the premises except in the ordinary course of
b. Any inhabited house or dwelling; business.
c. Any industrial establishment, shipyard, oil well or 7. If a demand for money or other valuable consideration was
mine shaft, platform or tunnel; made before the fire in exchange for the desistance of the
d. Any plantation, farm, pastureland, growing crop, offender or for the safety of the person or property of the
grain field, orchard, bamboo grove or forest; victim.
e. Any rice mill, sugar mill, cane mill or mill central; and
Additional crime
Conspiracy to commit arson – prision mayor in its minimum

Confiscation of the object of the crime


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

Case doctrine
Courts will most likely convict a person of simple arson
(lesser penalty) than destructive arson which is caused by
perversity and viciousness. There should be no reckless
disregard for human lives.
The corpus delicti rule is generally satisfied by proof of the
bare occurrence of the fire and of its having been
intentionally caused, and the uncorroborated testimony of a
single eyewitness, if credible, may be enough… Even if the
whole house has not been completely gutted by the fire, the
crime is still consummated arson. It is enough that a portion
thereof is shown to have been destroyed. (People v.
Gutierrez)
The RPC provision regarding burning property less than P
25 as Malicious Mischief is expressly repealed by PD 1613.
If a person impelled by a single criminal impulse, burned
several buildings, the crime is not distinct arsons but one
crime of destructive arson akin to a continued crime.
Failure to allege the fact that the house was inhabited, or
was located in a populated or congested area in the
information, should be deemed to have been charged with
arson only, instead of the more appropriate destructive arson
or other cases of arson.
8. ACCESS DEVICE access devices, unauthorized access devices or access devices
fraudulently applied for;
Law: (h) multiple imprinting on more than one transaction record, sales slip
RA 8484: “Access Devices Regulation Act of 1998” or similar document, thereby making it appear that the device holder
has entered into a transaction other than those which said device
Policy: holder had lawfully contracted for, or submitting, without being an
Due to recent technological advances and the widespread use of affiliated merchant, an order to collect from the issuer of the access
access devices in commercial transactions, the State aims to protect device, such extra sales slip through an affiliated merchant who
the rights of commercial parties by regulating the issuance and use connives therewith, or, under false pretenses of being an affiliated
of such devices. merchant, present for collection such sales slips, and similar
documents;
Important Terms: (i) disclosing any information imprinted on the access device, such
1) Access Device – means any card, plate, code, account number, as, but not limited to, the account number or name or address of the
electronic serial number, personal identification number, or other device holder, without the latter's authority or permission;
telecommunications service, equipment, or instrumental identifier, or (j) obtaining money or anything of value through the use of an access
other means of account access that can be used to obtain money, device, with intent to defraud or with intent to gain and fleeing
good, services, or any other thing of value or to initiate a transfer of thereafter;
funds. (k) having in one's possession, without authority from the owner of
the access device or the access device company, an access device,
Regulation: or any material, such as slips, carbon paper, or any other medium,
Credit Card companies need to disclose fees (annual percentage on which the access device is written, printed, embossed, or
fees, cash advance fee, over-the-limit fee, etc.) and computations to otherwise indicated;
be paid by credit card applicants. Failure to disclose such information (l) writing or causing to be written on sales slips, approval numbers
would be basis for suspension of the company. from the issuer of the access device of the fact of approval, where in
fact no such approval was given, or where, if given, what is written is
Prohibited Acts: deliberately different from the approval actually given;
(a) producing, using, trafficking in one or more counterfeit access (m) making any alteration, without the access device holder's
devices; authority, of any amount or other information written on the sales slip;
(b) trafficking in one or more unauthorized access devices or access (n) effecting transaction, with one or more access devices issued to
devices fraudulently applied for; another person or persons, to receive payment or any other thing of
(c) using, with intent to defraud, an unauthorized access device; value;
(d) using an access device fraudulently applied for; (o) without the authorization of the issuer of the access device,
(e) possessing 1 or more counterfeit access devices or access soliciting a person for the purpose of:
devices fraudulently applied for; 1) offering an access device; or
(f) producing, trafficking in, having control or custody of, or 2) selling information regarding or an application to obtain an access
possessing device-making or altering equipment without being in the device; or
business or employment, which lawfully deals with the manufacture, (p) without the authorization of the credit card system member or its
issuance, or distribution of such equipment; agent, causing or arranging for another person to present to the
(g) inducing, enticing, permitting or in any manner allowing another, member or its agent, for payment, one or more evidence or records
for consideration or otherwise to produce, use, traffic in counterfeit of transactions made by credit card.
Presumption and prima facie evidence of intent to defraud. – The
mere possession, control or custody of:
(a) an access device, without permission of the owner or without any
lawful authority;
(b) a counterfeit access device;
(c) access device fraudulently applied for;
(d) any device-making or altering equipment by any person whose
business or employment does not lawfully deal with the manufacture,
issuance, or distribution of access device;
(e) an access device or medium on which an access device is
written, not in the ordinary course of the possessor's trade or
business; or
(f) a genuine access device, not in the name of the possessor, or not
in the ordinary course of the possessor's trade or business, shall be
prima facie evidence that such device or equipment is intended to be
used to defraud.
(g) A cardholder who abandons or surreptitiously leaves the place of
employment, business or residence stated in his application or credit
card, without informing the credit card company of the place where
he could actually be found, if at the time of such abandonment or
surreptitious leaving, the outstanding and unpaid balance is past due
for at least ninety (90) days and is more than Ten thousand pesos
(P10,000.00), shall be prima facie presumed to have used his credit
card with intent to defraud.

Loss of access devices: In case of loss of an access device, the


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

Case Doctrine:
The SC notes that prosecution under the RA 8484 shall be without
prejudice to any liability for violation of any provisions of the Revised
Penal Code.
9. MONEY LAUNDERING - Company service providers which, as a business, provide
any of the following services to third parties: (i) acting as a formation
Laws: agent of juridical persons; (ii) acting as (or arranging for another
RA9160 – “Anti-Money Laundering Act of 2001” person to act as) a director or corporate secretary of a company, a
RA9194 – “Amending the Anti-Money Laundering Act of 2001” partner of a partnership, or a similar position in relation to other
RA10167 – “Strengthening the Anti-Money Laundering Act of 2001” juridical persons; (iii) providing a registered office, business address
RA10365 – “Further Strengthening the Anti-Money Laundering Act of or accommodation, correspondence or administrative address for a
2001” company, a partnership or any other legal person or arrangement;
and (iv) acting as (or arranging for another person to act as) a
Policy: nominee shareholder for another person; and
To protect and preserve the integrity and confidentiality of bank - Persons who provide any of the following services:
accounts and to ensure that the Philippines shall not be used as a - managing of client money, securities or other assets;
money laundering site for the proceeds of any unlawful activity. - management of bank, savings or securities accounts;
Consistent with its foreign policy, the State shall extend cooperation - organization of contributions for the creation, operation or
in transnational investigations and prosecutions of persons involved management of companies; and
in money laundering activities wherever committed. - creation, operation or management of juridical persons or
arrangements, and buying and selling business entities.
Important Terms: 2) Covered Transactions
1) Covered Institutions - a single, series, or combination of transactions involving a
- Banks, non-banks, quasi-banks, trust entities, foreign total amount in excess of Php4,000,000.00 within five (5)
exchange dealers, pawnshops, money changers, remittance and consecutive banking days or Php500,000 in one day except
transfer companies and other similar entities. All others regulated by those between a covered institution and a person who, at the
BSP. time of the transaction was a properly identified client and
- insurance companies, pre-need companies and all other persons the amount is commensurate with the business or financial
supervised or regulated by the Insurance Commission (IC); capacity of the client; or those with an underlying legal or
- Securities dealers, brokers, salesmen, investment houses and trade obligation, purpose, origin or economic justification.
other similar persons managing securities or rendering services as
investment agent, advisor, or consultant, (ii) mutual funds, close-end Money Laundering Offense. – Money laundering is committed by any
investment companies, common trust funds, and other similar person who, knowing that any monetary instrument or property
persons, and (iii) other entities administering or otherwise dealing in represents, involves, or relates to the proceeds of any unlawful
currency, commodities or financial derivatives based thereon, activity:
valuable objects, cash substitutes and other similar monetary a) Transacts said monetary instrument or property;
instruments or property supervised or regulated by the Securities and b) Converts, transfers, disposes of, moves, acquires, possesses or
Exchange Commission (SEC); uses said monetary instrument or property;
- Jewelry dealers in precious metals, who, as a business, trade in c) Conceals or disguises the true nature, source, location,
precious metals, for transactions in excess of One million pesos disposition, movement or ownership of or rights with respect to said
(P1,000,000.00); monetary instrument or property;
- Jewelry dealers in precious stones, who, as a business, d) Attempts or conspires to commit money laundering offenses
trade in precious stones, for transactions in excess of One million referred to in paragraphs (a), (b) or (c);
pesos (P1,000,000.00);
e) Aids, abets, assists in or counsels the commission of the money determined by the court, the freeze order shall be deemed
laundering offenses referred to in paragraphs (a), (b) or (c) above; ipso facto lifted: Provided, further, In any case, the court
and should act on the petition to freeze within twenty-four (24)
f) Performs or fails to perform any act as a result of which he hours from filing of the petition.
facilitates the offense of money laundering referred to in paragraphs - A person whose account has been frozen may file a motion
(a), (b) or (c) above. to lift the freeze order and the court must resolve this motion
g) Knowing that a covered or suspicious transaction is required before the expiration of the freeze order.
under this Act to be reported to the Anti-Money Laundering Council
(AMLC), fails to do so.

Others:
- The Anti-Money Laundering Council is hereby created and
shall be composed of the Governor of the Bangko Sentral ng
Pilipinas as Chairman, the Commissioner of the Insurance
Commission and the Chairman of the Securities and
Exchange Commission, as members. They will be the
authority regarding all matters involving Money-Laundering
including investigation, issuance of orders, and regulation
among others.
- Covered institutions shall establish and record the true
identity of its clients based on official documents. The
provisions of existing laws to the contrary notwithstanding,
anonymous accounts, accounts under fictitious names, and
all other similar accounts shall be absolutely prohibited.
- All records of all transactions of covered institutions shall be
maintained and safely stored for five (5) years from the dates
of transactions.
- Covered persons shall report to the AMLC all covered
transactions and suspicious transactions within five (5)
working days from occurrence thereof, unless the AMLC
prescribes a different period not exceeding fifteen (15)
working days.
- Upon a verified ex parte petition by the AMLC and after
determination that probable cause exists that any monetary
instrument or property is in any way related to an unlawful
activity, the Court of Appeals may issue a freeze order which
shall be effective immediately, and which shall not exceed
six (6) months depending upon the circumstances of the
case: Provided, That if there is no case filed against a
person whose account has been frozen within the period
10. BANK SECRECY irrespective of whether or not these deposits are made by
residents or nonresidents so long as the deposits are eligible
Laws: or allowed under aforementioned laws and, in the case of
RA1405 – “An Act Prohibiting Disclosure Of Or Inquiry Into, Deposits nonresidents, irrespective of whether or not they are
With Any Banking Institution And Providing Penalty Therefor” engaged in trade or business in the Philippines.
RA 6426 – “Foreign Currency Deposit Act of the Philippines”
Case Doctrine:
Policy: - Trust accounts are covered by bank secrecy law. “Deposits”
Encourage people to deposit money in banking institutions and as used in the law is to be understood broadly. Not limited to
discourage private hoarding. those that give rise to creditor-debtor relationship.
- Exceptions to bank secrecy: (a) order of competent court in
Regulation: cases of bribery or dereliction of duty of public officials, (b)
- All deposits of whatever nature (+ foreign currency deposits) money deposited or invested is the subject matter of
with banks or banking institutions in the Philippines including litigation.
investments in bonds issued by the Government of the - Plunder is neither bribery nor dereliction, but similar because
Philippines, its political subdivisions and its instrumentalities, case of unexplained wealth.
are hereby considered as of an absolutely confidential nature
and may not be examined, inquired or looked into by any
person, government official, bureau or office, except upon
written permission of the depositor, or in cases of
impeachment, or upon order of a competent court in cases of
bribery or dereliction of duty of public officials, or in cases
where the money deposited or invested is the subject matter
of the litigation.
- The banks designated by the Central Bank shall have the
authority:
- To accept deposits and to accept foreign currencies
in trust. Provided, That numbered accounts for
recording and servicing of said deposits shall be
allowed;
- To issue certificates to evidence such deposits;
- To discount said certificates;
- To accept said deposits as collateral for loans
subject to such rules and regulations as may be
promulgated by the Central Bank from time to time;
and
- To pay interest in foreign currency on such deposits.
- All foreign currency deposits made under this Act, including
interest and all other income or earnings of such deposits,
are hereby exempted from any and all taxes whatsoever
11. BP22 Intent is not to decriminalize BP 22. Rather, to redeem
human value.
BP 22 – Bouncing checks law Only to lay down preference of application of penalties (i.e.,
SC Circular 12-2000 imprisonment is discouraged but the value of amount of the
check be doubled as penalty).
Elements of BP 22
1. Accused makes, draws or issues a check to apply to account Case doctrine
for value Cannot institute the BP 22 case after the collection of
2. Accused knows at issuance that he has insufficient funds payment (civil obligation) even if it was paid beyond the five-
upon presentment day period of the law. BP 22 gravamen is issuance of
o Prima facie assumption worthless checks. However, when the reason for the law
Rebutted by: ceases, the law ceases.
Pays the holder
Makes the arrangement to pay in full within
5 banking days from receipt of notice of
dishonor
3. Check is subsequently dishonored due to DAIF or stop
payment

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

Effect if check is drawn by corporation, company or entity


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

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

Effect to crimes under RPC


Without prejudice to any liability in RPC

Effect of SC Circular
12. ESTAFA The perpetrator should be the one who is soliciting from the
public, not the victim. Hence, if the bank is the victim (the
PD 1689 – Increasing penalty of swindling or estafa one soliciting from the public), cannot have syndicated
estafa. Only simple estafa.
If swindling or estafa is committed by syndicate consisting of five or
more persons formed with intent…in the misappropriation of money
contributed by stockholders, or members of rural banks, cooperative,
"samahang nayon(s)", or farmers association, or of funds solicited by
corporations/associations from the general public…is punishable by
life imprisonment to death.

If not by syndicate, imposable penalty is reclusion temporal to


reclusion perpetua if the amount of fraud exceeds P100,000.

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

Elements under PD 1689 on syndicated estafa:


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

Case doctrine:
Fraud is anything calculated to deceive.
Does not need to satisfy “eroding public confidence and
economic sabotage.” These are not elements of the crime
under PD 1689. Taken from preamble.
ISL to apply in estafa. In computing penalty for estafa,
amounts involved exceeding P22,000 will not be considered
in initial determination of penalty.
13. DANGEROUS DRUGS ___ theory – Offender caught pushing.
Ordinarily, won’t be punished for possession.
Dangerous Drugs (RA9165, RA10640) But if 3 or more sachets of shabu or meth found,
- Significant features of RA9165 would be liable for both possession and sale.
- “Dangerous drugs, controlled precursors, and essential 3. Maintenance of a dangerous drug den, dive, or resort
chemicals” (DCE) vs. “regulated/prohibited drugs” Qualifying: victim is minor or dies as result of
- RPC provisions inapplicable, except in the case of minor DCE while using in such a place
offenders 4. Being employees or visitors of a dangerous drug den,
In some cases, attempt or conspiracy to commit dive, or resort
certain acts penalized by same penalty 5. Manufacture of DCE
prescribed for commission of the same (1, 2, 3, Qualifying: conducted in the presence or with the
5, 13) help of minors; established or undertaken within
A positive finding of use of dangerous drugs is a 100m of a residential, business, church, or
qualifying aggravating circumstance in the school premises; secured or protected with
commission of any crime booby traps; concealed with legitimate business
- Policy – users and possessors of illegal drugs are operations; employment of a practitioner,
considered victims, while drug traffickers and pushers chemical engineer, public official, or foreigner
are predators 6. Illegal chemical diversion of CE
Drug dependent can avail of voluntary Chemical diversion – sale, distribution, supply or
submission to confinement, treatment, and transport of legitimately imported or procured CE
rehabilitation and shall be exempt from criminal to any person or entity engaged in the
liability. manufacture of any dangerous drug
Convicted drug pusher or drug trafficker cannot New act punished by 9165
avail of probation law 7. Manufacture, delivery, or possession of with intent to
Plea bargaining not allowed deliver equipment, instrument, apparatus and other
- Also liable: any person who organizes, manages, or acts paraphernalia for DCE
as a financier; protector/coddler of any violator; officers Knowing or under circumstances where one
of partnerships, corporations, associations, or other should reasonable know that it will be used to
juridical entities; evidence planters plant, propagate, etc DCE.
- Punishable acts Qualifying: if it will be used to inject, ingest,
1. Importation of DCE inhale or otherwise introduce into the human
Qualifying: use of diplomatic passport, facilities, body a dangerous drug; use of minor or mentally
or other means involving official status incapacitated person
2. Sale, trading, administrations, dispensation, delivery, 8. Possession of D
distribution, and transportation of DCE Must be (a) unauthorized, (b) either actual or
Qualifying: transpires within 100m from a school; constructive, (c) irrespective of its quantity, (d)
use of minors or mentally incapacitated with intent to possess
individuals; victim is minor, mentally Doctrine of constructive possession
incapacitated individual, or dies as result of DCE What is punished is present possession (if proof
of past possession, not punishable)
If on board vessel, punishable when its 5. The Board shall then issue a sworn certification as to the
destination is a Philippine port. If merely in fact of destruction or burning which, together with the
transit, not punishable. representative sample, shall be submitted to the court
9. Possession of equipment, instrument, apparatus, and having jurisdiction over the case.
other paraphernalia for D 6. After case, destroy representative sample.
10. Possession of dangerous drugs during parties, social Noncompliance of these requirements under (a)
gatherings, or meetings justifiable grounds, as long as (b) the integrity and the
11. Possession of equipment, instrument, apparatus, and evidentiary value of the seized items are properly
other paraphernalia for D during parties, social preserved by the apprehending ofcer/team, shall not
gatherings, or meetings render void and invalid such seizures and custody over
12. Use of D said items.
If caught using and possessing, will be punished
for possession.
13. Cultivation or culture of plants classified as D or are
sources thereof
Qualifying: if the land involved is part of the
public domain
14. Failure to maintain and keep original records of
transactions on DCE
15. Unnecessary prescription of D
16. Unlawful prescription of D
- Chain of custody:
The PDEA shall take charge and have custody of all
dangerous drugs etc.
The alleged offender or his/her representative or counsel
shall be allowed to personally observe all of the above
proceedings and his/her presence shall not constitute an
admission of guilt.
1. Apprehending team having initial custody to conduct
physcial inventory and photograph immediately.
2. Within 24 hours upon confiscation, submitted to the
PDEA Forensic Laboratory for a qualitative and
quantitative examination.
3. PDEA issues certficiation of examination results as soon
as possible.
4. After the filing of the criminal case, the Court to conduct
ocular inspection within 72 hours. PDEA shall proceed
with destruction or burning of the same, except shall
retain minimum quantity of representative sample, duly
weighed and recorded.
14. CARNAPPING of its parts make a report of the shipment to the Land
Transportation Commission.
Law: - Certificate of clearance needed for:
RA 6539 – “Anti-Carnapping Act of 1972” - Any person who shall undertake to assemble or rebuild
RA 7659 - “Amendment of Other Special Penal Laws” of a motor vehicle or who shall cause the assembly or
rebuilding of a motor vehicle
Elements of Carnapping: - Inter-island shipping
1) Actual taking of the vehicle - It shall be unlawful for any person to deface or otherwise tamper
2) Intent to gain by the offender with the original or registered serial number of motor vehicle
3) Vehicle belongs to another engines, engine blocks and chassis.
4) Taking is without consent of the owner OR was committed by - Qualifying Circumstance: If the owner, driver or occupant of the
means of violence against/intimidation of persons or by using force carnapped vehicle is killed or raped in the commission of the
upon things. carnapping
- Aliens convicted under the provisions of this Act shall be
Important Terms: deported immediately after service of sentence without further
1) Motor vehicle – is any vehicle propelled by any power other than proceedings by the Deportation Board.
muscular power using the public highways, but excepting road
rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, Case Doctrine:
bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not Intent to gain is presumed from the unlawful taking. Actual gain is
used on public highways, vehicles, which run only on rails or tracks, irrelevant. Gain is not merely limited to pecuniary benefit by also
and tractors, trailers and traction engines of all kinds used benefit which any other sense may be derived or expected. Mere use
exclusively for agricultural purposes. Trailers having any number of without the owner’s consent constitutes gain.
wheels, when propelled or intended to be propelled by attachment to
a motor vehicle, shall be classified as separate motor vehicle with no
power rating.

Regulation:
- All motor vehicles are to be registered with the Land
Transportation Commission (now LTO). All unregistered will be
considered as an untaxed importation, coming from an illegal
source, or carnapped and shall be confiscated by the
government. The registry would then be furnished to the
Philippine Constabulary (Now PNP) as well as all Land
Transportation Commission offices.
- Registration would include all sale, transfer, conveyance,
substitution or replacement of motor vehicle engine,
engine block or chassis.
- The Collector of Customs of a principal port of entry shall, within
seven days after the arrival of the imported motor vehicle or any
15. FIREARMS AND AMMUNITIONS IV. Any person who shall unlawfully repack, alter or modify
the composition of any lawfully manufactured explosives
Firearms and Ammunitions (PD1866, RA8294, RA10591) V. Any person, civilian or military, who shall issue authority
I. Any person who shall unlawfully manufacture, deal in, to carry firearm and/or ammunition outside of residence,
acquire, dispose, or possess any firearm, part of firearm, without authority therefor
ammunition or machinery, tool or instrument used or
intended to be used in the manufacture of any firearm or The term unlicensed firearm shall include: (a) firearms with expired
ammunition. license or (b) unauthorized use of licensed firearm in the commission
- If homicide or murder is committed with the use of an of the crime.
unlicensed firearm, such should be considered an Carrying of Firearms Outside of Residence or Place of Business
aggravating circumstance. A permit to carry firearms outside of residence shall be issued by the
- If violation is in furtherance of or incident to, or in Chief of the PNP or his/her duly authorized representative to any
connection with the crime of rebellion or insurrection, qualified person whose life is under actual threat or his/her life is in
sedition, or attempted coup d'etat, such violation shall imminent danger due to the nature of his/her profession, occupation
be absorbed as an element of the crime of rebellion, or business. It shall be the burden of the applicant to prove that his/her
or insurrection, sedition, or attempted coup d'etat. life is under actual threat by submitting a threat assessment certificate
- If results in death of a person, use of explosives shall from the PNP.
be considered as an aggravating circumstance.
- The penalty of reclusion temporal in its maximum Professionals considered to be in Imminent Danger
period to reclusion perpetua shall be imposed upon The following professionals are considered to be in imminent danger
the owner, president, manager, director or other due to the nature of their profession, occupation or business:
responsible officer of any public or private firm, I. Members of the Philippine Bar
company, corporation or entity, who shall willfully or II. Certified Public Accountants
knowingly allow any of the firearms owned by such III. Accredited Media Practitioners
firm, company, corporation or entity to be used by any IV. Cashiers, Bank Tellers
person or persons found guilty of violating the V. Priests, Ministers, Rabbi, Imams
provisions of the preceding paragraphs. VI. Physicians and Nurses
- The possession of any machinery, tool or instrument VII. Engineers
used directly in the manufacture of firearms or VIII. Businessmen, who by the nature of their business or
ammunition or explosives, by any person whose undertaking, are exposed to high risk of being targets of
business or employment does not lawfully deal with criminal elements.
the manufacture of firearms or ammunition, shall be
prima facie evidence that such article is intended to Standards and Requisites for Issuance of and Obtaining a License to
be used in the unlawful/illegal manufacture of firearms Own and Possess Firearms
or ammunition or explosives. In order to qualify and acquire a license to own and possess a firearm
II. Any person who shall carry any licensed firearm outside or firearms and ammunition, the applicant must be a Filipino citizen, at
his residence without legal authority therefor least twenty-one (21) years old and has gainful work, occupation or
III. Any person who shall unlawfully tamper, change, deface business or has filed an Income Tax Return (ITR) for the preceding
or erase the serial number of any firearm. year as proof of income, profession, business or occupation. In
addition, the applicant shall submit the following certification issued by VI. Dismissal for cause from the service in case of
appropriate authorities attesting the following: government official and employee;
I. The applicant has not been convicted of any crime VII. Commission of any of the acts penalized under Republic
involving moral turpitude Act No. 9165, otherwise known as the “Comprehensive
II. The applicant has passed the psychiatric test Dangerous Drugs Act of 2002”
administered by a PNP-accredited psychologist or VIII. Submission of falsified documents or misrepresentation in
psychiatrist; the application to obtain a license or permit;
III. The applicant has passed the drug test conducted by an IX. Noncompliance of reportorial requirements;
accredited and authorized drug testing laboratory or clinic; X. By virtue of a court order.
IV. The applicant has passed a gun safety seminar which is
administered by the PNP or a registered and authorized
gun club;
V. The applicant has filed in writing the application to
possess a registered firearm which shall state the
personal circumstances of the applicant;
VI. The applicant must present a police clearance from the
city or municipality police office; and - The applicant has
not been convicted or is currently an accused in a pending
criminal case before any court of law for a crime that is
punishable with a penalty of more than two (2) years
An acquittal or permanent dismissal of a criminal case before the
courts of law shall qualify the accused thereof to qualify and acquire a
license.
Grounds for Revocation, Cancellation or Suspension of License or
Permit
The Chief of the PNP or his/her authorized representative may revoke,
cancel or suspend a license or permit on the following grounds:
I. Commission of a crime or offense involving the firearm,
ammunition, of major parts thereof
II. Conviction of a crime involving moral turpitude or any
offense where the penalty carries an imprisonment of
more than six (6) years
III. Loss of the firearm, ammunition, or any parts thereof
through negligence
IV. Carrying of the firearm, ammunition, or major parts thereof
outside of residence or workplace without, the proper
permit to carry the same
V. Carrying of the firearm, ammunition, or major parts thereof
in prohibited places;
16. ILLEGAL GAMBLING 5. Maintaining or employing a totalizer or other device or
scheme for betting on races or realizing profit therefrom
Illegal Gambling (PD1602, RA9287) during the periods not allowed by law
- Elements for consummation of gambling: 6. Illegal cockfighting
1. Offender directly or indirectly takes part in any scheme, - Notes:
whether based on chance or skill - But doesn’t even need to be played for money.
2. Money or other articles of value or representative of
value is at stake
3. Gambling is not authorized by law
- Elements for consummation of lottery:
1. Consideration
El Debate: a civil case, definition of lottery interpreted
liberally.
Olsen: criminal case, definition of lottery interpeted
strictly in favor of accused. No lottery when there is full
value of money.
2. Chance
3. Prize or value which is in the nature of a prize
- Qualifying – offender is a government official
- Who are liable:
1. Those who directly or indirectly take part in gambling
2. Those who knowingly permit illegal gambling to be
carried on in an inhabited or uninhabited place or in any
building/vessel owned and controlled by him
3. Maintainer or conductor of the above gambling schemes
4. Barangay officials who, with knowledge of the existence
of a gambling house in his jurisdiction fails to abate the
same or take action in connection therewith
5. Security officers of places which have the reputation of a
gambling place or where gambling activities are being
held
- Other acts of illegal gambling punishable
1. Importing lottery tickets or advertisements
2. Selling/distributing the same with or without connivance
with importer
3. Possessing the same, knowingly and with intent to use
4. Betting on horse races during the periods not allowed by
law
LIABILITIES

17. PROHIBITION OF DEATH PENALTY

Prohibition of Death Penalty (RA9346)


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

Indeterminate Sentence Law (RA4103)


- In imposing a prison sentence, court shall sentence accused
to an indeterminate sentence.
- For offense punished by RPC
Maximum – that prescribed by law (taking into
consideration modifying circumstances)
Minimum – within the range of the penalty next
lower (of the maximum without the modifying
circumstances, unless privileged mitigating)
- For offense punished by any other law
Maximum – will not exceed maximum fixed
by said law
Minimum – not less than minimum
prescribed by said law
- Shall not apply to: 

a. Convicted of offenses punished with death
penalty or life-imprisonment
b. Convicted of treason, conspiracy or proposal to
commit treason, misprision of treason, rebellion,
sedition or espionage, piracy
c. Habitual delinquents
d. Escaped from confinement or evaded sentence
e. Violated terms of conditional pardon
f. Maximum term of imprisonment does not exceed
one year
g. Already sentenced by final judgment at the time
of approval of this Act
- After reaching minimum, and it appears that prisoner is fitted for
release and will not be incompatible with welfare of society, may
be released on parole. Must comply with conditions of parole. If
complies with conditions and shows himself to be a law-abiding
citizen, may be entitled to final release. If violates conditions of
parole, can be re-arrested and shall serve remaining unexpired
portion of maximum sentence, unless Board of Indeterminate
Sentence decides to grant new parole.
Note: Arresto mayor + privileged mitigating = destierro. So
indeterminate sentence will not apply!
19. JUVENILE JUSTICE AND WELFARE ACT - Child in Conflict with the Law – child who is alleged as, accused
of, or adjudged as, having committed an offense under Philippine
Juvenile Justice and Welfare Act (RA9344; RA10630) laws.
- Policy - Criminal responsibility:
- Protect the best interests of the child. - 15 or under at the time of the commission of the offense
- The State shall apply the principles of restorative justice – exempt from criminal liability
in all its laws, policies and programs applicable to However, the child shall be subjected to an
children in conflict with the law. intervention program.
- In case of doubt, the interpretation of any of the A child is deemed to be 15 years of age on the
provisions of this Act shall be construed liberally in favor day of the 15th anniversary of his/her birthdate.
of the child in conflict with the law. Authority which will have an initial contact with
- Definition of terms: the child has the duty to immediately release the
- Child – person under the age of eighteen (18) years. child to the custody of his
Child enjoys presumption of minority. In case of doubt as parents/guardian/nearest relative/barangay etc
to the age of the child, it shall be resolved in his/her (in that order). Subjected to intervention program
favor. or referred to youth care facility. (Note: also
- Child at Risk – a child who is vulnerable to and at the applicable if above 15 to below 18 but acting
risk of committing criminal offenses because of personal, without discernment.)
family and social circumstances, such as, but not limited If commited parricide, murder, infanticide,
to: kidnapping, and serious illegal detention where
a. Being abused by any person through sexual, the victim is killed or raped, robbery, with
physical, psychological, mental, economic or any homicide or rape, destructive arson, rape, or
other means and the parents or guardian refuse, carnapping where the driver or occupant is killed
are unwilling, or unable to provide protection for or raped or offenses under CDDA punishable by
the child more than 12 years, shall be deemed a
b. Being exploited including sexually or neglected child and mandatorily placed in youth
economically care faculty. (DSWD must first file petition for
c. Being abandoned or neglected, and after diligent involuntary commitment with court.)
search and inquiry, the parent or guardian If commits an offense for the second time or
cannot be found oftener after already undergoing intervention
d. Coming from a dysfunctional or broken family or program, neglected child and shall undergo an
without a parent or guardian intensive intervention program. If the best
e. Being out of school interest of the child requires it, may also be
f. Being a streetchild placed in a youth care facility. If not voluntarily
g. Being a member of a gang committed, petition for involuntary commitment.
h. Living in a community with a high level of The exemption from criminal liability herein
criminality or drug abuse established does not include exemption from
i. Living in situations of armed conflict civil liability.
- Above 15 years but below 18 years of age – exempt Failure to comply with the terms and conditions
from criminal liability unless he/she has acted with of the contract of diversion shall give the
discernment offended party the option to institute the
The information must allege that the child acted appropriate legal action.
with discernment. - Court proceedings – pending case, child to be released on
Proceed with diversion program. bail/recognizance or placed in a youth detention center. Not in
- Status Offenses – any conduct not considered an offense or not prison.
penalized if committed by an adult shall not be considered an - Automatic suspension of sentence
offense and shall not be punished if committed by a child. - Instead of pronouncing the judgment of conviction, the
Includes light offenses and misdemeanors against public order court shall place the child in conflict with the law under
or safety such as disorderly conduct, public scandal, suspended sentence, without need of application. (Even
harassment, drunkenness, public intoxication, criminal nuisance, if already 18 at time of conviction.)
vandalism, gambling, mendicancy, littering, public urination, and - Court shall impose appropriate disposition measures.
trespassing - If disposition measures fulfilled, child shall be
Shall instead be brought to their residence or to any barangay discharged.
official at the barangay hall to be released to the custody of their - If disposition measures not fulfilled, shall be brought
parents. Appropriate intervention programs. before court for execution of judgement. If said child has
- Children shall be exempt from prosecution for the crime of reached 18 while under suspended sentence, the court
vagrancy and prostitution, mendicancy, and sniffing of rugby. shall determine whether to discharge the child, to order
Undergo appropriate counseling and treatment execution of sentence, or to extend the suspended
program instead. sentence for a certain specified period or until the child
- Diversion programs: reaches the maximum age of 21.
- Diversion given: - Notes:
a. Victimless crimes where imposable penalty is - A person who has been in conflict with the law as a child
max 6 years – local SWD to meet with child and shall not be held under any provision of law, to be guilty
paretns to develop appropriate diversion and of perjury or of concealment or misrepresentation by
rehabilitation program reason of his/her failure to acknowledge the case or
b. Imposable penalty is max 6 years – mediation, recite any fact related thereto in response to any inquiry
family conferencing, and conciliation made to him/her for any purpose.
- Case must be filed: Maximum penalty to persons who, in the commission of a crime,
Child, parent, or guardian does not agree to makes use, takes advantage of, or profits from the use of children.
diversion above.
When considering the assessment and
recommendation of the social worker, the
prosecutor determines that diversion is not
appropriate for the child in conflict with the law.
Imposable penalty exceeds 6 years
If max 12 years or fine only, diversion
measures may still be resorted to by the
court.
HUMANITARIAN a. (i) Child abuse, (ii) child cruelty, (iii) child exploitation, (iv)
being responsible for conditions prejudicial to child’s
20. CHILD ABUSE development (including those covered by PD603, but not
covered by RPC)
Laws - Child abuse – maltreatment, whether habitual
RA 7610 “Special Protection of Children Against Abuse, Exploitation, or not, including (i) psychological, physicial,
and Discrimination” sexual abuse; (ii) any act which debases the
intrinsic worth of the child as a human being;
Policy (iii) unreasonable deprivation of basic needs for
Provide special protection to children from all forms of abuse. The best survival; (iv) failure to give medical treatment to
interests of children shall be the paramount consideration in all actions injured child resulting in serious impaiment of
concerning them. his growth, permanent incapacity, or death
b. Keeping child 12 or under, or 10 years or more his junior,
Punishable acts: in his company in any public or private place (when the
1. Child prostitution and other sexual abuse accused and child have no bond recognized by law); or
a. for profit – (i) accused engages in, promotes, or facilitates anyone who delivers minor to such person; or someone
child prostitution; (ii) by acting as procurer, inducing a who operates a public or private place and allows such
person to be a client of a child prostitute, threatening or person to take minor with him there
using violence toward child, taking advantage of influence c. Using or forcing child to (i) beg, (ii) act as middleman in
or relationship, giving monetary consideration or other drug trafficking, (iii) conduct any illegal activity.
pecuniary benefit to child; (iii) child is exploited or intended
to be exploited in prostitution; (iv) child is below 18. Other notes:
b. lewd conduct with child victim – (i) accused commits act A child is anyone below 18, or no matter what age but unable to fully
of sexual intercourse or lascivious conduct; (ii) with a child protect themselves from abuse.
exploited in prostitution or subjected to other sexual
abuse; (iii) child is below 18.
- If victim under 12, prosecuted for rape under
RPC. Exception: if penalty under 7610 is higher
(lascivious conduct with below 12 child higher
than rape through sexual assault).
- Consent of child is immaterial. Presumed
incapable of giving rational consent to sex.
- Sexual abuse can be committed through
exerting influence or coercion
c. Those who derive profit or advantage from child
prostitution
2. Child trafficking – trading and dealing with children
3. Hiring of children for work related to obscene publications and
indecent shows
4. Other acts of abuse
21. CHILD PORNOGRAPHY 1. Hiring or coercing a child to perform in the creation or
production of child porn
RA 9775: Anti-Child Ponography Act of 2009 2. Production of child porn
- Child 3. Selling, broadcasting or promoting child porn
o below 18 years of age or over, but unable to fully 4. Possession of child porn with intent to sell etc.
take care of himself due to physical/mental NOTE: Possession of 3 or more articles of child form is prima facie
disability/condition evidence.
o regardless of age, presented as a child 5. Providing a venue for the commission of prohibited acts
o digital image of a person represented to be a child 6. Distribution of child porn by film distributors, theaters and
- Child pornography: representation of child engaged or telecom companies
involved in real or simulated explicit sexual activities 7. Permitting1 child to engage in child porn
- Explicit sexual activity may be actual or simulated 8. Grooming or luring of a child
o Sexual intercourse or lascivious act 9. Pandering of child porn
o Bestiality 10. Access any form of child porn
o Masturbation 11. Conspire to commit any prohibited acts
o Sadistic/Masochistic abuse 12. Possession of child porn
o Lascivious exhibition of the genitals, buttocks, - Syndicated child porn: carried out by group of 3 or more
breasts, pubic area and/or anus persons conspiring with one another
o Use of any object or instrument for lascivious acts - Duties of Internet Service Providers (e.g. PLDT)
o Notify PNP or NBI within 7 days from obtaining
Grooming Luring Pandering information that any form of child porn is being
Preparing a child Communicating, by Offering or committed using its server or facility2
for sexual activity means of a distributing o Preserve evidence for investigation purposes and
or sexual computer, with a materials prosecution.
relationship by child for the containing any o Upon request of proper authorities, furnish the
communicating purpose of form of child particulars of users who gained or attempted to gain
any form of child facilitating the pornography, access to an internet address w/c contains any child
pornography commission of regardless of the porn
Includes online sexual activity or actual content of o Install available software to ensure that access to
and other means production of any the material or child porn will be blocked or filtered
of enticement form of child purported - NOTE: LGUS where computer shops are located shall have
pornography material authority to monitor and regulate establishment and
operation of the same.
- Punishable acts

1
Parent, legal guardian, or person having custody or control of NOTE: Public display of any form of child porn w/in their
a child premises is a conclusive presumption of knowledge.
2 Not civilly liable for damages on account of notice given in

good faith; also applicable to mall owners/operators


- Child porn as a transnational crime; endeavored to be
included among extraditable offenses in future treaties.
o NOTE: DOJ may execute a request of a foreign
state for assistance in the prosecution of any form of
child porn

Offender Penalty
Parent, ascendant, Penalty in its maximum
guardian, step-parent or duration
collateral relative within
the 3rd degree of
consanguinity or affinity
Any person having
control or moral
ascendancy over the
child
Juridical person Imposed upon owner,
manager, BoD member
and/or officer who
o participated or
o shall have knowingly
permitted or
o failed to prevent its
commissions
Public officer/employee Penalty in its maximum
duration
Alien Immediately deported after
complete service of his/her
sentence
Forever barred from entering
the country
NOTE: RPC shall be suppletorily applicable.
22. VIOLENCE AGAINST WOMEN AND THEIR CHIDREN - Violence under the law includes physical violence, sexual
violence, psychological violence, and economic abuse.
Laws - Habituality is not an element of the punishable acts. A single act
RA9262 “Anti-Violence Against Women and Their Children Act” which translates into violence would be enough.
- Victim-survivors who are found by the courts to be suffering from
Policy battered woman syndrome (scientifically defined pattern of
Value the dignity of women and children, need to protect family and its psychological and behavioral symptoms found in women living in
members, particularly women and children. battering relationships as a result of cumulative abuse) do not
incur any criminal and civil liability notwithstanding the absence
Punishable acts: of any of the elements for justifying circumstances of self-
1. Causing, threatening, or attempting to cause physical harm to the defense under the Revised Penal Code.
woman or her child, or placing them in fear of imminent physical - Being under the influence of alcohol, any illicit drug, or any other
harm mind-altering substance shall not be a defense under this Act.
2. Controlling their acts – compeling or attempting to compel woman
or her child to engage in conduct which they have a right to desist
from, or desist from conduct which they have a right to engage in,
or restricting their freedom of movement by force or threat of force
or harm (including depriving or threatening to deprive them of a
legal right, custody to family, financial support; controlling the
conjugal proeprty), or inflicting or threatening physical harm on
oneself for purpose of controlling woman’s actions or decisions
3. Causing or attempting to cause woman or child to engage in any
sexual activity which does not constitute rape, by force or threat
of force, harm, or intimidation
4. Engaging in purposeful or reckless conduct that alarms or causes
emotional or psychilogical distress to woman or her child,
including: stalking, peering in window, lingering outside residence,
entering property against their will, destroying their property or
inflicting harm to their animals or pets, any form of harrassment or
violence.
5. Causing mental or emotional anguish, public ridicule, or
humiliation to the woman or child (eg repeated verbal and
emotional abuse, denial of financial support or custody/access to
minor children)

Other notes:
- Women victims, under the law, are those whom the accused has
had a sexual or dating/romantic relationship with, or with whom he
has a common child. Children are the children of the women,
whether legitimate or illegitimate.
23. TRAFFICKING d. Knowingly benefit from or make use of services of
persons held to a condition of involuntary servitude or
Laws: forced labor
RA 9208 “Anti-Trafficking in Persons Act” e. Tamper with evidence or witnesses in investigation or
RA 10364 “Expanded Anti-Trafficking in Persons Act” prosecution of trafficking cases
f. Utilize own office to impede investigation, prosecution, or
Policy: execution of lawful orders against trafficking
Highest priority to eliminating trafficking in persons, mitiate pressures 3. Qualified trafficking
for involuntary migration and servitude of persons, in pursuit of human a. Trafficked person is a child
dignity b. Adoption is effected through “Inter-Country Adoption Act”
c. Victim dies, becomes insane, suffers mutilation, contracts
Punishable acts: HIV/AIDS
1. Acts of trafficking – when done for the purpose of prostitution, d. Crime is committed by a syndicate (carried out by 3 or
sexual exploitation, forced labor, slavery, etc… more persons), or in large scale (committed against 3 or
a. Recruiting, transporting, or receiving persons by any more persons)
means e. Offender is ascendant/parent/sibling/guardian/person
b. To offer or contract marriage, real or simulated, or who exercises authority over the trafficked person, or
matching a Filipino to a foreign national for marriage public officer/employee, or member of military/law
c. Adopt or facilitate adoption of persons enforcement agency
d. Hire person to engage in prostitution or pornography f. Trafficked person is recruited to engage in prostitution
e. Organize tourism packages or activities for the purpose of with any member of the military or law enforcement
offering persons for prostitution, pornography, or sexual agencies
exploitation g. Offender commits trafficking for 60 or more days
f. To transport a person by means of threat or use of force, (continuous or not)
fraud, intimidation, etc for the purpose of removal and sale
of his organs Other notes:
g. Recruit, transport, or adopt a child to engage in armed - Relation to other laws
activities - A person can be guilty of both illegal recruitment and
2. Acts that promote trafficking – when done for purpose of trafficking.
promoting trafficking… - If a child is sold for purpose of prostiution on a single
a. Allow use of any building or establishment occasion, the crime is child prostitution under RA7610. If
b. Facilitate transport of persons – by producing or accused maintains child for prositution, the crime is
tampering documents as proof of compliane with pre- qualified trafficking.
departure requirements, assist in fraud to acquire - Trafficking can exists even with the victim’s consent.
clearance and exit documents, facilitate entry and exit of - Trafficked persons shall be recognized as victims and shall not be
persons with fake travel documents, destroy or impair penalized for crimes directly related to acts of trafficking. Their
travel documents of trafficked persons consent to such acts is irrelevant.
c. Publish, distribute, or advertise propaganda material
24. VOYEURISM Public officer/employee Administratively liable
Professional
RA 9995: Anti-Photo and Video Voyeurism Act of 2009 Alien Subject to deportation
- Photo or video voyeurism proceedings
1. act of taking photo or video coverage of a person
performing sexual act or any similar activity - Inadmissibility of Evidence: Any record shall not be
2. act of capturing an image of the private area of a person admissible in evidence in any judicial, quasi-judicial,
without the latter’s consent legislative or admin hearing or investigation.
o under circumstances in which such person has a NOTE: Any peace officer, who is authorized by a written judicial
reasonable expectation of privacy order, may use the record or any copy as evidence in any civil,
3. act of selling, copying, reproducing, broadcasting, criminal investigation or trial of the crime of photo or voyeurism.
sharing or showing the photo or video coverage or
recordings of the sexual act through VCD/DVD, internet,
cellular phones and similar means or device regardless
of the written consent of the person/s involved
- Circumstances in which a person has reasonable
expectation of privacy:
o Disrobing in privacy without being concerned of
someone taking his/her picture
o Private area would not be visible to the public,
regardless in a public or private place
- Punishable acts (PaSiCaT)
1. Taking photo or video coverage
2. Copying or reproducing, or cause to be copied or
reproduced3
3. Selling or distributing, or cause to be sold or distributing 4
4. Publishing or broadcasting, or cause to be published or
broadcast, whether in print or broadcast media, or
showing or exhibiting the photo or video coverage or
recordings5

Offender Penalty
Juridical person and License or franchise
officers6 deemed automatically
revoked

3 6
Applicable whether or not consent was given by victim Editor and reporter in print media; station manager, editor,
4
Applicable whether or not consent was given by victim and broadcaster in broadcast media
5
Applicable whether or not consent was given by victim
25. ANTI-TORTURE (Chui Reviewer) The Revised Penal Code is suppletory to RA 9475 (Section
22).
Definition Torture as a crime shall not absorb or shall be absorbed by
TORTURE refers to an act by which severe pain or suffering, any other crime or felony committed as a consequence, or as
whether physical or mental, is intentionally inflicted on a a means in the conduct or commision thereof. In which case,
person for such purposes as obtaining from him or a third it shall be treated as a separate and independent criminal act
person information or a confession; punishing him for an act whose penalties shall be imposable without prejudice to any
he or a third person has committed or is suspected of having other criminal liability provided for by domestic and
committed; or intimidating or coercing him or a third person; international laws.
or for any reason based on discrimination of any kind, when No person shall be expelled, returned, or extradited to another
such pain or suffering is inflicted by or at the instigation of or State where there are substantial grounds to believe that such
with the consent or acquiescence of a person in authority. person shall be in danger of being subjected to torture
Offenders are mainly a person in authority or agents of such (Refouler rule under Section 17)
persons, though private persons can be liable also as principal
by conspiracy as direct participator, inducer, or indispensable
cooperator (usually superior military, police, law enforcement
officer or immediate commanding officer of AFP/PNP).
Accomplices are punished as principals, based on Section 13
which states that any person ―who cooperated in the
execution of the act of torture or other cruel, inhuman and
degrading treatment or punishment by previous or
simultaneous acts shall be liable as principal.‖

Kinds Of Torture
Physical torture
 o Involves treatment or punishment inflicted
by a person in authority or his agent upon another in his
custody causing severe pain, exhaustion, disability or
dysfunction of one or more parts of the body
Mental/ psychological torture
 o Involves treatment or
punishment which affects or confuses the mind and/or

 undermines one’s dignity and morale
Other cruel, inhuman and degrading treatment or punishment
o Refers to deliberate and aggravated treatement or
punishment other than acts of torture against a
person under his custody at a level of severity causing
suggering, gross humiliation, or debasement to the
victim (assessment of severity depends on all
circumstances)

Relationship With RPC And Other Laws


- Persons who actually participate in torture, or induced, or cooperated. Liable as principal.
- Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to
commit torture for whatever purpose shall be held equally liable as principals.
- The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law
enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for
any act or omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly,
the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known
that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed, or has been
committed by his/her subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take preventive or
corrective action either before, during or immediately after its commission, when he/she has the authority to prevent or investigate allegations of
torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately
or due to negligence shall also be liable as principals.
- Penalties – Sec 14 provides for the penalties of such acts, which may range from arresto mayor to reclusion perpetua. The following are those special
complex or composite crimes (except torture against children) carrying the penalty of reclusion perpetua:
- Torture resulting in the death of any person or torture with homicide
- Torture resulting in mutilation
- Torture with rape
- Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become insane, imbecile, impotent, blind or
maimed for life
- Torture committed against children.

C. Anti-Enforced or Involuntary Disappearance (RA10353)


- In adherence to (but not limited to):
- 1987 Philippine Constitution
- International Covenant on Civil and Political Rights (ICCPR),
- Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
- The right against enforced or involuntary disappearance and the fundamental safeguards for its prevention shall not be suspended under any circumstance
including political instability, threat of war, state of war or other public emergencies.
- An “Order of Battle” or any order of similar nature, official or otherwise, from a superior officer or a public authority causing the commission of enforced or
involuntary disappearance is unlawful and cannot be invoked as a justifying or exempting circumstance. Any person receiving such an order shall have
the right to disobey it.
- Right of Access to Communication. – It shall be the absolute right of any person deprived of liberty to have immediate access to any form of
communication available in order for him or her to inform his or her family, relative, friend, lawyer or any human rights organization on his or her
whereabouts and condition.

Special Penal Laws Case Notes | VaMitch Notes| 6


!
- All persons detained or confined shall be placed solely in officially recognized and controlled places of detention or confinement where an official up-
to-date register of such persons shall be maintained. Relatives, lawyers, judges, official bodies and all persons who have legitimate interest in the
whereabouts and condition of the persons deprived of liberty shall have free access to the register.
- The following details, among others, shall be recorded, in the register:
! The identity or name, description and address of the person deprived of liberty;
! The date, time and location where the person was deprived of liberty and the identity of the person who made such deprivation of liberty;
! The authority who decided the deprivation of liberty and the reasons for the deprivation of liberty or the crime or offense committed;
! The authority controlling the deprivation of liberty;
! The place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty and the authority responsible for
the place of deprivation of liberty;
! Records of physical, mental and psychological condition of the detained or confined person before and after the deprivation of liberty and
the name and address of the physician who examined him or her physically, mentally and medically;
! The date and time of release or transfer of the detained or confined person to another place of detention, the destination and the
authority responsible for the transfer;
! The date and time of each removal of the detained or confined person from his or her cell, the reason or purpose for such removal and
the date and time of his or her return to his or her cell;
! A summary of the physical, mental and medical findings of the detained or confined person after each interrogation;
! The names and addresses of the persons who visit the detained or confined person and the date and time of such visits and the date and
time of each departure;
! In the event of death during the deprivation of liberty, the identity, the circumstances and cause of death of the victim as well as the
destination of the human remains; and
! All other important events bearing on and all relevant details regarding the treatment of the detained or confined person.
- Provided, That the details required under the first 6 details shall be entered immediately in the register upon arrest and/or detention.
- Within six (6) months from the effectivity of this Act and as may be requested by the CHR thereafter, all government agencies concerned shall submit an
updated inventory or list of all officially recognized and controlled detention or confinement facilities, and the list of detainees or persons deprived
of liberty under their respective jurisdictions to the CHR.
- All proceedings pertaining to the issuance of the writs of habeas corpus, amparo and habeas data shall be dispensed with expeditiously. As such,
all courts and other concerned agencies of government shall give priority to such proceedings.
- The CHR or its duly authorized representatives are hereby mandated and authorized to conduct regular, independent, unannounced and unrestricted
visits to or inspection of all places of detention and confinement.
- The immediate commanding officer of the unit concerned of the AFP or the immediate senior official of the PNP and other law enforcement agencies
shall be held liable as a principal to the crime of enforced or involuntary disappearance for acts committed by him or her that shall have led, assisted, abetted or
allowed, whether directly or indirectly, the commission thereof by his or her subordinates. If such commanding officer has knowledge of or, owing to the
circumstances at the time, should have known that an enforced or involuntary disappearance is being committed, or has been committed by subordinates or by
others within the officer’s area of responsibility and, despite such knowledge, did not take preventive or coercive action either before, during or immediately

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!
after its commission, when he or she has the authority to prevent or investigate allegations of enforced or involuntary disappearance but failed to prevent or
investigate such allegations, whether deliberately or due to negligence, shall also be held liable as principal.
- Acts Punishable:
- Reclusion Perpetua
! Those who directly committed the act of enforced or involuntary disappearance;
! Those who directly forced, instigated, encouraged or induced others to commit the act of enforced or involuntary disappearance;
! Those who cooperated in the act of enforced or involuntary disappearance by committing another act without which the act of enforced
or involuntary disappearance would not have been consummated;
! Those officials who allowed the act or abetted in the consummation of enforced or involuntary disappearance when it is within their
power to stop or uncover the commission thereof; and
! Those who cooperated in the execution of the act of enforced or involuntary disappearance by previous or simultaneous acts.
- Reclusion Temporal
! Who shall commit the act of enforced or involuntary disappearance in the attempted stage as provided for and defined under Article 6 of
the Revised Penal Code.
! Who, having knowledge of the act of enforced or involuntary disappearance and without having participated therein, either as principals
or accomplices, took part subsequent to its commission in any of the following manner:
• By themselves profiting from or assisting the offender to profit from the effects of the act of enforced or involuntary
disappearance;
• By concealing the act of enforced or involuntary disappearance and/or destroying the effects or instruments thereof in order to
prevent its discovery; or
• By harboring, concealing or assisting in the escape of the principal/s in the act of enforced or involuntary disappearance,
provided such accessory acts are done with the abuse of official functions.
- Prision Correcional - persons who defy, ignore or unduly delay compliance with any order duly issued or promulgated pursuant to the writs of
habeas corpus, amparo and habeas data or their respective proceedings.
- Arresto mayor and its accessory penalties shall be imposed against any person who shall violate the provisions of Sections 6, 7, 8, 9 and 10 of this
Act.
- Other Notes:
- Government officials and personnel who are found to be perpetrators of or participants in any manner in the commission of enforced or
involuntary disappearance as a result of a preliminary investigation conducted for that purpose shall be preventively suspended or summarily
dismissed from the service, depending on the strength of the evidence so presented and gathered in the said preliminary investigation or as may be
recommended by the investigating authority.
- The act of enforced or involuntary disappearance shall render its perpetrators and the State agencies which organized, acquiesced in or tolerated
such disappearance liable under civil law.

Special Penal Laws Case Notes | VaMitch Notes| 8


!
- Nonexclusivity or Double Jeopardy Under International Law. – Any investigation, trial and decision in any Philippines court, or body for any
violation of this Act shall; be without prejudice to any investigation, trial, decision or any other legal or administrative process before any
appropriate international court or agency under applicable international human rights and humanitarian law.
- The prosecution of persons responsible for enforced or involuntary disappearance shall not prescribe unless the victim surfaces alive. In which
case, the prescriptive period shall be twenty-five (25) years from the date of such reappearance.
- Persons who are changed with and/or guilty of the act of enforced or involuntary disappearance shall not benefit from any special amnesty law or
other similar executive measures that shall exempt them from any penal proceedings or sanctions.
- Applicability of Refouler. –No person shall be expelled, returned or extradited to another State where there are substantial grounds to believe that
such person shall be in danger of being subjected to enforced or involuntary disappearance.

D. Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (RA9851)
- Purpose:
- The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law
of the land and adheres to a policy of peace, equality, justice, freedom, cooperation and amity with all nations.
- The state values the dignity of every human person and guarantees full respect for human rights, including the rights of indigenous cultural
communities and other vulnerable groups, such as women and children;
- It shall be the responsibility of the State and all other sectors concerned to resolved armed conflict in order to promote the goal of "Children as
Zones of Peace";
- The state adopts the generally accepted principles of international law, including the Hague Conventions of 1907, the Geneva Conventions on the
protection of victims of war and international humanitarian law, as part of the law our nation;
- The most serious crimes of concern to the international community as a whole must not go unpunished and their effective prosecution must be
ensured by taking measures at the national level, in order to put an end to impunity for the perpetrators of these crimes and thus contribute to the
prevention of such crimes, it being the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes;
- The State shall guarantee persons suspected or accused of having committed grave crimes under international law all rights necessary to ensure
that their trial will be fair and prompt in strict accordance with national and international law and standards for fair trial, It shall also protect
victims, witnesses and their families, and provide appropriate redress to victims and their families, It shall ensure that the legal systems in place
provide accessible and gender-sensitive avenues of redress for victims of armed conflict, and
- The State recognizes that the application of the provisions of this Act shall not affect the legal status of the parties to a conflict, nor give an
implied recognition of the status of belligerency
- Important Terms:
- "Hors de Combat" means a person who:
! is in the power of an adverse party;
! has clearly expressed an intention to surrender; or

Special Penal Laws Case Notes | VaMitch Notes| 9


!
! has been rendered unconscious or otherwise incapacitated by wounds or sickness and therefore is incapable of defending himself:
Provided, that in any of these cases, the person form any hostile act and does not attempt to escape.
- "Non-defended locality" means a locality that fulfills the following conditions:
! all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;
! no hostile use of fixed military installations or establishments must have been made;
! no acts of hostility must have been committed by the authorities or by the population; and
! no activities in support of military operations, must have been undertaken.
- "Perfidy" means acts which invite the confidence of an adversary to lead him/her to believe he/she is entitled to, or is obliged to accord,
protection under the rules of International Humanitarian Law, with the intent to betray that confidence, including but not limited to:
! feigning an intent to negotiate under a flag of truce;
! feigning surrender;
! feigning incapacitation by wounds or sickness;
! feigning civilian or noncombatant status; and
! feigning protective status by use of signs, emblems or uniforms of the United Nations or of a neutral or other State not party to the
conflict.
- "Protect person" in an armed conflict means:
! a person wounded, sick or shipwrecked, whether civilian or military;
! a prisoner of war or any person deprived of liberty for reasons related to an armed conflict;
! a civilian or any person not taking a direct part or having ceased to take part in the hostilities in the power of the adverse party;
! a person who, before the beginning of hostilities, was considered a stateless person or refugee under the relevant international instruments
accepted by the parties to the conflict concerned or under the national legislation of the state of refuge or state of residence;
! a member of the medical personnel assigned exclusively to medical purposes or to the administration of medical units or to the operation
of or administration of medical transports; or
! a member of the religious personnel who is exclusively engaged in the work of their ministry and attached to the armed forces of a party
to the conflict, its medical units or medical transports, or non-denominational, noncombatant military personnel carrying out functions
similar to religious personnel.
- " Superior" means:
! a military commander or a person effectively acting as a military commander; or
! any other superior, in as much as the crimes arose from activities within the effective authority and control of that superior.
- War Crimes.
- In case of an international armed conflict , grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts
against persons or property protected under provisions of the relevant Geneva Convention:
! Willful killing;
! Torture or inhuman treatment, including biological experiments;
! Willfully causing great suffering, or serious injury to body or health;

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!
! Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly;
! Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
! Arbitrary deportation or forcible transfer of population or unlawful confinement;
! Taking of hostages;
! Compelling a prisoner a prisoner of war or other protected person to serve in the forces of a hostile power; and
! Unjustifiable delay in the repatriation of prisoners of war or other protected persons.
- In case of a non-international armed conflict, serious violations of common Article 3 to the four (4) Geneva Conventions of 12 August 1949,
namely , any of the following acts committed against persons taking no active part in the hostilities, including member of the armed forces who
have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause;
! Violence to life and person, in particular, willful killings, mutilation, cruel treatment and torture;
! Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;
! Taking of hostages; and
! The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court,
affording all judicial guarantees which are generally recognized as indispensable.
- Other serious violations of the laws and customs applicable in armed conflict, within the established framework of international law, namely:
! Internationally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
! Intentionally directing attacks against civilian objects, that is, object which are not military objectives;
! Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the
Geneva Conventions or Additional Protocol III in conformity with intentional law;
! Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or
peacekeeping mission in accordance with the Charter of the United Nations, as ling as they are entitled to the protection given to civilians
or civilian objects under the international law of armed conflict;
! Launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or
widespread, long-term and severe damage to the natural environment which would be excessive in relation to the concrete and direct
military advantage anticipated;
! Launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss
of life, injury to civilians or damage to civilian objects, and causing death or serious injury to body or health .
! Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military
objectives, or making non-defended localities or demilitarized zones the object of attack;
! Killing or wounding a person in the knowledge that he/she is hors de combat, including a combatant who, having laid down his/her arms
or no longer having means of defense, has surrendered at discretion;
! Making improper use of a flag of truce, of the flag or the military insignia and uniform of the enemy or of the United Nations, as well as
of the distinctive emblems of the Geneva Conventions or other protective signs under International Humanitarian Law, resulting in death,
serious personal injury or capture;

Special Penal Laws Case Notes | VaMitch Notes| 11


!
! Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments,
hospitals and places where the sick and wounded are collected, provided they are not military objectives. In case of doubt whether such
building or place has been used to make an effective contribution to military action, it shall be presumed not to be so used;
! Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind, or
to removal of tissue or organs for transplantation, which are neither justified by the medical, dental or hospital treatment of the person
concerned nor carried out in his/her interest, and which cause death to or seriously endanger the health of such person or persons;
! Killing, wounding or capturing an adversary by resort to perfidy;
! Declaring that no quarter will be given;
! Destroying or seizing the enemy's property unless such destruction or seizure is imperatively demanded by the necessities of war;
! Pillaging a town or place, even when taken by assault;
! Ordering the displacements of the civilian population for reasons related to the conflict, unless the security of the civilians involved or
imperative military reasons so demand;
! Transferring, directly or indirectly, by the occupying power of parts of its own civilian population into the territory it occupies, or the
deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
! Commiting outrages upon personal dignity, in particular, humiliating and degrading treatments;
! Commiting rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence also
constituting a grave breach of the Geneva Conventions or a serious violation of common Article 3 to the Geneva Convensions;
! Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military
operations;
! Intentionally using starvation of civilians as a method of warfare by depriving them of objects indespensable to their survival, including
willfully impeding relief supplies as provided for under the Geneva Conventions and their Additional Protocols;
! In an international armed conflict, compelling the nationals of the hostile party to take part in the operations of war directed against their
own country, even if they were in the belligerent's service before the commencement of the war;
! In an international armed conflict, declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals
of the hostile party;
! Commiting any of the following acts:
• Conscripting, enlisting or recruiting children under the age of fifteen (15) years into the national armed forces;
• Conscripting, enlisting or recruiting children under the age of eighteen (18) years into an armed force or group other than the
national armed forces; and
• Using children under the age of eighteen (18) years to participate actively in hostilities; and
! Employing means of warfare which are prohibited under international law, such as:
• Poison or poisoned weapons;
• Asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
• Bullets which expand or flatten easily in the human body, such as bullets with hard envelopes which do not entirely cover the
core or are pierced with incisions; and

Special Penal Laws Case Notes | VaMitch Notes| 12


!
• Weapons, projectiles and material and methods of warfare which are of the nature to cause superfluous injury or unecessary
suffering or which are inherently indiscriminate in violation of the international law of armed conflict.
- Genocide –
(a) For the purpose of this Act, "genocide" means any of the following acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious, social
or any other similar stable and permanent group as such:
- Killing members of the group;
- Causing serious bodily or mental harm to members of the group;
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
- Imposing measures intended to prevent births within the group; and
- Forcibly transferring children of the group to another group.
(b) It shall be unlawful for any person to directly and publicly incite others to commit genocide.
- Other Crimes Against Humanity. - For the purpose of this act, "other crimes against humanity" means any of the following acts when committed as part of a
widespread or systematic attack directed against any civilian population, with knowledge of the attack:
- Willful killing;
- Extermination;
- Enslavement;
- Arbitrary deportation or forcible transfer of population;
- Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
- Torture;
- Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
- Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, sexual orientation or other
grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any
crime defined in this Act;
- Enforced or involuntary disappearance of persons;
- Apartheid; and
- Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
- Applicability of International Law.- In the application and interpretation of this Act, Philippine courts shall be guided by the following sources:
- The 1948 Genocide Convention;
- The 1949 Genava Conventions I-IV, their 1977 Additional Protocols I and II and their 2005 Additional Protocol III;
- The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, its First Protocol and its 1999 Second
Protocol;
- The 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the Involvement of Children in Armed Conflict;
- The rules and principles of customary international law;
- The judicial decisions of international courts and tribunals;
- Relevant and applicable international human rights instruments;
- Other relevant international treaties and conventions ratified or acceded to by the Republic of the Philippines; and

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- Teachings of the most highly qualified publicists and authoritative commentaries on the foregoing sources as subsidiary means for the
determination of rules of international law.
- Jurisdiction.- The State shall exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime defined and penalized in this Act,
regardless of where the crime is committed, provided, any one of the following conditions is met:
- The accused is a Filipino citizen;
- The accused, regardless of citizenship or residence, is present in the Philippines; or
- The accused has committed the said crime against a Filipino citizen.
* In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another
court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or
extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition
laws and treaties.
*No criminal proceedings shall be initiated against foreign nationals suspected or accused of having committed the crimes defined and penalized in this Act if
they have been tried by a competent court outside the Philippines in respect of the same offense and acquitted, or having been convicted, already served their
sentence.

3 Rubrico v - Lourdes Rubrico, chair of Ugnayan ng Maralita para sa - W/N the CA committed reversible error in dropping President
Macapaga- Gawa Adhikan was abducted by armed men while attending a Gloria Macapagal Arroyo as party respondent.
Arroyo Lenten pabasa. NO.
- She was brought to and detained at the air base without Settled is the doctrine that the President, during his tenure of office or
GR 183871 charges. She was released a week after relentless interrogation, actual incumbency, may not be sued in any civil or criminal case, and
but only after she signed a statement that she would be a there is no need to provide for it in the Constitution or law. It will
military asset. degrade the dignity of the high office of the President, the Head of State,
- Despite her release, she was tailed on at least 2 occasions. if he can be dragged into court litigations while serving as such.
Hence, Lourdes filed a complaint with the Office of the Furthermore, it is important that he be freed from any form of
Ombudsman a criminal complaint for kidnapping and harassment, hindrance or distraction to enable him to fully attend to the
arbitrary detention and grave misconduct against Cuaresma, performance of his official duties and functions.
Alfaro, Santana, and Jonathan, but nothing has happened.
- She likewise reported the threats and harassment incidents - W/N CA committed error in dismissing case with respect to Gen.
to the municipal and provincial police stations, but nothing Esperon, P/Dir. Gen. Razon, P/Supt. Roquero, P/Insp. Gomez,
eventful resulted from their investigation. and the OMB.
- Meanwhile, the human rights group Karapatan conducted NO.
an investigation which indicated that men belonging to the As explained by the CA, Gen. Esperon and P/Dir. Gen. Razon were
Armed Forces of the Philippines (AFP) led the abduction of included in the case on the theory that they, as commanders, were
Lourdes. responsible for the unlawful acts allegedly committed by their
- Based on such information, Rubrico filed a petition for the subordinates against petitioners. As regards the three other answering
writ of amparo with the Supreme Court on 25 October 2007, respondents, they were impleaded because they allegedly had not exerted

Special Penal Laws Case Notes | VaMitch Notes| 14


!
praying that respondents be ordered to desist from the required extraordinary diligence in investigating and satisfactorily
performing any threatening act against the security of. resolving Lourdes’ disappearance or bringing to justice the actual
- The Supreme Court issued the desired writ and then perpetrators of what amounted to a criminal act.
referred the petition to the Court of Appeals (CA) for
summary hearing and appropriate action. At the hearing While in a qualified sense tenable, the dismissal by the CA of the case as
conducted by the CA, the CA granted petitioner’s motion that against Gen. Esperon and P/Dir. Gen. Razon is incorrect if viewed
the petition and writ be served. against the backdrop of the stated rationale underpinning the assailed
- By a separate resolution, the CA dropped the President as decision vis-à-vis the two generals, i.e., command responsibility1.
respondent in the case. After due proceedings, the CA Command responsibility, as a concept defined, developed, and applied
rendered its partial judgment, dismissing the petition with under international law, has little, if at all, bearing in amparo proceedings.
respect to Esperon (AFP Chief of Staff), Razon (Police If command responsibility were to be invoked and applied to these
Director-General), Roquero (Police Superintendent), Gomez proceedings, it should, at most, be only to determine the author who, at
(Police Inspector), and the Office of the Ombudsman. the first instance, is accountable for, and has the duty to address, the
disappearance and harassments complained of, so as to enable the Court
to devise remedial measures that may be appropriate under the premises
to protect rights covered by the writ of amparo.

Special Penal Laws Case Notes | VaMitch Notes| 15


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LABOR

28. ILLEGAL RECRUITMENT

RA 8042 – Migrant workers and overseas Filipinos act of 1995


RA 10022 – Amending RA 8042

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

Elements of illegal recruitment


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

Effect to crimes under RPC


Without prejudice. Hence, can be convicted with estafa also.
29. SEXUAL HARASSMENT c.payment of a stipend, allowance or other
benefits, privileges or consideration
RA 7877: Anti-Sexual Harassment Act of 1995 4. When sexual advances result in an intimidating, hostile
- Policy: Valuing human dignity in the employment, education, or offensive environment for the student, trainee or
or training environment apprentice
- Work, education or training-related sexual harassment - Employer/Head of Office
o Committed by person7 who, having authority, o DUTY
influence, or moral ascendancy - Prevent or deter the commission of acts of
o Demands, requests or requires any sexual favor sexual harassment
from the other, whether accepted or not - Provide the procedures for the resolution,
- Work-related or employment environment settlement or prosecution of acts of sexual
1. Committed when: harassment
a. sexual favor made as a condition in o LIABILITY
- the hiring or in the employment, re- - solidary liable for damages arising from the
employment or continued employment of acts of sexual harassment if
said individual o informed of such acts by the
- granting favorable compensation, terms of offended party and
conditions, promotions or privileges o no immediate action is taken
a. refusal to grant sexual favor results in - NOTE: This act shall not preclude the victim
- limiting, segregating or classifying the from instituting a separate and independent
employee which in any way would action for damages and other affirmative
discriminate, deprive or diminish relief.
employment opportunities or otherwise
adversely affect said employee Jacutin v. People
2. Above acts would impair the employee’s rights or While the City Mayor had the exclusive prerogative in appointing city
privileges under existing labor laws personnel, it should stand to reason, nevertheless, that a
3. Above acts would result in an intimidating, hostile, or recommendation from petitioner in the appointment of personnel in
offensive environment for the employee the municipal health office could carry good weight. Indeed,
- Education or training environment petitioner himself would appear to have conveyed, by his words and
1. Against one who is under the care, custody or actions, an impression that he could facilitate Juliet’s employment.
supervision of the offender Indeed, petitioner would not have been able to take undue liberalities
2. Against one whose education, training, apprenticeship or on the person of Juliet had it not been for his high position in the City
tutorship is entrusted to the offender Health Office of Cagayan de Oro City.
3. When the sexual favor is made a condition to the
a. giving of a passing grade
b. granting of honors and scholarships

7
e.g. employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach or trainor
PUBLIC INTEREST the field of trade. Such a practice almost bordered on the crime of
using fictitious names which for obvious reasons could not be
30. ANTI-ALIAS successfully maintained against the Chinese who, rightly or wrongly,
claimed they possessed a thousand and one names.
RA 6085: Anti-Aliases Act
- Punishable Acts The use of a fictitious name or a different name belonging to another
1. Using any name different from his/her real name person in a single instance without any sign or indication that the
o In case of an alien, using a name different from user intends to be known by this name in addition to his real name
the name which was registered in the Bureau of from that day forth does not fall within the prohibition contained in
Immigration upon entry or C.A. No. 142 as amended.
substitute name authorized by a competent court
2. Representing himself in any public or private transaction People v. Estrada
without affixing his real name The repeated use of an alias within a single day cannot be deemed
3. Signing or executing any public or private document “habitual,” as it does not amount to a customary practice or use. In
without stating or affixing his real name and all names or order to be held liable for a violation of Commonwealth Act (C.A.) No.
aliases or pseudonym he is or may have been 142, the user of the alias must have held himself out as a person who
authorized shall publicly be known under that other name.
- Exception
1. Pseudonym solely for literary, cinema, television, radio
or other entertainment purposes
2. Use of pseudonym in athletic events as normally
accepted practice
- Petition for an Alias
1. Only for one alias
2. Set forth the person’s many names
3. Specify the reason for the use of the desired alias
4. Must be duly recorded in the proper local civil registry

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

Ursua v. CA
The enactment of C.A. No. 142 as amended was made primarily to
curb the common practice among the Chinese of adopting scores of
different names and aliases which created tremendous confusion in
PERSONS I. The owner of the place where the hazing is conducted is
liable as an accomplice when he has actual knowledge
31. HAZING but failed to take any action to prevent it from occurring.
II. The parents of the members, if the hazing took place in
ANTI-HAZING LAW his or her home, and they have actual knowledge but
R.A. 8049 failed to take any action.
III. The school authorities, including faculty members who
Hazing, defined consent to the hazing or who have actual knowledge, but
An initiation rite or practice as a prerequisite for admission into failed to take any action.
membership in a fraternity, sorority or organization by placing the
recruit, neophyte or applicant in some embarrassing or humiliating Other Principals
situations such as forcing him to do menial, silly, foolish and other I. The officers, former officers or alumni of the organization
similar tasks or activities or otherwise subjecting him to physical or who actually planned the hazing although not present
psychological suffering or injury. when the acts were committed
II. A fraternity or sorority’s adviser who is present when the
Organization, defined acts were committed and failed to take action to prevent
It includes fraternity, sorority and organizations in schools, and any it.
club or the Armed Forces of the Philippines, Philippine National Police,
Philippine Military Academy, or officer and cadet corp of the Citizen's Prima Facie as a principal
Military Training and Citizen's Army Training. Presence of a person during the hazing is prima facie evidence of
participation as principal EXEMPTION: he prevented the commission
Note: The physical, mental and psychological testing and training of such acts.
procedure and practices to determine and enhance the physical,
mental and psychological fitness of prospective regular members of Other important matters
the AFP and PNP as approved by the Secretary of National Defense I. The mitigating circumstance that there was no intention to
and the National Police Commission duly recommended by the Chief commit so grave a wrong is not applicable.
of Staff and the Director General of the Philippine National Police shall II. Hazing as a prerequisite for employment is covered.
not be considered as hazing. Psychological and emotional suffering is not included in the law.

Principal in case the person dies or suffers physical injuries


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

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

Accomplices
PUBLIC OFFICERS e. The officer has the right to intervene in such a contract
or transaction in his official capacity
32. GRAFT AND CORRUPT PRACTICES ACT
III. Directly or indirectly requesting or receiving any gift,
ANTI-GRAFT AND CORRUPT PRACTICES ACT present or other pecuniary or material benefit, for himself
Republic Act No. 3019, as amended or for another, from any person for whom the public
officer, in any manner or capacity, has secured or
Corrupt Practices of Public Officers obtained, or will secure or obtain, any Government permit
I. Persuading, inducing or influencing another public officer or license, in consideration for the help given or to be
to perform an act constituting a violation of rules and given, without prejudice to Section thirteen of this Act
regulations duly promulgated by competent authority or
an offense in connection with the official duties of the Elements:
latter, or allowing himself to be persuaded, induced, or a. Offender is a public officer
influenced to commit such violation or offense. b. He requested and/or received a gift or consideration
c. Gift or consideration was for the public officer or
How does the public officer violate this? another’s benefit
a. He himself does the persuading, inducing or d. Such as requested and/or received in connection with
influencing of another public officer a contract/transaction with the government
b. He allows himself to be persuaded, induced or e. The officer has the right to intervene in such a contract
influenced or transaction in his official capacity
f. For securing a government permit or license
II. Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit, for himself or for IV. Accepting or having any member of his family accept
any other person, in connection with any contract or employment in a private enterprise which has pending
transaction between the Government and any other part, official business with him during the pendency thereof or
wherein the public officer in his official capacity has to within one year after its termination.
intervene under the law.
V. Causing any undue injury to any party, including the
Three punishable acts: Government, or giving any private party any unwarranted
a. Requesting benefits, advantage or preference in the discharge of his
b. Receiving official administrative or judicial functions through
c. Requesting and receiving manifest partiality, evident bad faith or gross inexcusable
negligence. This provision shall apply to officers and
Elements: employees of offices or government corporations charged
a. Offender is a public officer with the grant of licenses or permits or other concessions.
b. He requested and/or received a gift or consideration
c. Gift or consideration was for the public officer or Ways of violating:
another’s benefit a. Causing any undue injury to any party, including the
d. Such as requested and/or received in connection with government
a contract/transaction with the government
b. Giving any party an unwarranted advantage, benefit official capacity, or in which he is prohibited by the
or preference Constitution or by any law from having any interest.

Elements: Elements:
a. accused are public officers or private persons a. Offender is a public officer
charged in conspiracy with them b. He directly or indirectly has some financial or
b. public officers commit the prohibited acts during the pecuniary interest in any business, contract or
performance of their official duties or in relation to transaction
their positions c. In connection with which he intervenes or takes part:
c. they cause undue injury to any party, private or the i. in his official capacity;
government ii. in which he is prohibited by the Constitution;
d. such injury is caused by giving unwarranted benefits, or
advantage or preference to such parties iii. in which he is prohibited by law from having
e. the public officers have acted with manifest partiality, any interest.
evident bad faith or gross inexcusable negligence.
V. Directly or indirectly becoming interested, for personal
II. Neglecting or refusing, after due demand or request, gain, or having a material interest in any transaction or act
without sufficient justification, to act within a reasonable requiring the approval of a board, panel or group of which
time on any matter pending before him for the purpose of he is a member, and which exercises discretion in such
obtaining, directly or indirectly, from any person interested approval, even if he votes against the same or does not
in the matter some pecuniary or material benefit or participate in the action of the board, committee, panel or
advantage, or for the purpose of favoring his own interest group.
or giving undue advantage in favor of or discriminating
against any other interested party. Note: His interest in the transaction is that it shall benefit and/or require
the approval of a board, panel or group of which he is a member, and
Note: Dereliction must be without justification and must be for the which exercises discretion in such approval, even if he votes against
purpose of: or does not participate in the same. Interest for personal gain shall be
a. obtaining, directly or indirectly, from any person presumed against those public officers responsible for the approval of
interested in the matter some pecuniary or material manifestly unlawful, inequitable, or irregular transaction or acts by the
benefit in favor of an interested party; or board, panel or group to which they belong.
b. discriminating against another interested party.
VI. Knowingly approving or granting any license, permit,
III. Entering, on behalf of the Government, into any contract privilege or benefit in favor of any person not qualified for
or transaction manifestly and grossly disadvantageous to or not legally entitled to such license, permit, privilege or
the same, whether or not the public officer profited or will advantage, or of a mere representative or dummy of one
profit thereby. who is not so qualified or entitled.

IV. Director or indirectly having financing or pecuniary VII. Divulging valuable information of a confidential character,
interest in any business, contract or transaction in acquired by his office or by him on account of his official
connection with which he intervenes or takes part in his
position to unauthorized persons, or releasing such compliance with requisites provided by law, or rules
information in advance of its authorized release date. or regulations issued pursuant to law.
d. Not applicable to any act lawfully performed in an
Rules on Family and Private Individuals official capacity or in the exercise of a profession.
I. Unlawful to capitalize or exploit or take advantage of such
family or close personal relation by directly or indirectly Prescription of offenses
requesting or receiving any present, gift or material or All offenses punishable under this Act shall prescribe in ten years.
pecuniary advantage from any other person having some
business, transaction, application, request or contract Termination of office
with the government, in which such public official has to No public officer shall be allowed to resign or retire pending an
intervene investigation, criminal or administrative, or pending a prosecution
against him, for any offense under this Act or under the provisions of
“Family relation” – include the spouse, or relatives by consanguinity or the Revised Penal Code on bribery.
affinity in the third civil degree
“Close personal relation” – close personal relationship, social and Suspension and loss of benefits
fraternal connections, and professional employment all giving rise to Any public officer against whom any criminal prosecution under a valid
intimacy which assures free access to such public officer information under this Act or under the provisions of the Revised Penal
Code on bribery is pending in court, shall be suspended from office.
II. Unlawful for any person knowingly to induce or cause any Should he be convicted by final judgment, he shall lose all retirement
public official to commit any of the corrupt practices or gratuity benefits under any law, but if he is acquitted, he shall be
mentioned in the law entitled to reinstatement and to the salaries and benefits which he
failed to receive during suspension, unless in the meantime
Rules on Certain Relatives administrative proceedings have been filed against him.
I. Unlawful for the spouse or for any relative, by
consanguinity or affinity, within the third civil degree, of It is clear from Section 3(b) that the requesting or receiving of any
the President, Vice-President, Senate President, Speaker gift, present, share, percentage, or benefit must be in connection
of the House, to intervene directly or indirectly, in any with a contract or transaction wherein the public officer in his official
business, transaction, contract or application with the capacity has to intervene under the law. To establish the existence
Government. of the fourth element, the relation of the fact of requesting and/or
II. Instances where such prohibition is inapplicable: receiving, and that of the transaction involved must be clearly
a. Not applicable to any person who, prior to the shown. (Garcia v. Sandiganbayan, 2006)
assumption of office of any of the above officials to Manifest partiality is when there is a clear, notorious, or plain
whom he is related, has been already dealing with the inclination or predilection to favor one side or person rather than
Government along the same line of business. another. Evident bad faith connotes not only bad judgment but also
b. Not applicable to any transaction, contract or palpably and patently fraudulent and dishonest purpose to do moral
application already existing or pending at the time of obliquity or conscious wrongdoing for some perverse motive or ill
such assumption of public office. will; contemplates a state of mind affirmatively operating with furtive
c. Not applicable to any application filed by him the design or with some motive or self-interest or ill will or for ulterior
approval of which is not discretionary on the part of purposes. Gross inexcusable negligence refers to negligence
the official or officials concerned but depends upon characterized by the want of even the slightest care, acting or
omitting to act in a situation where there is a duty to act, not
inadvertently but willfully and intentionally, with conscious
indifference to consequences insofar as other persons may be
affected. (Luspo v. People, G.R. No. 188487, February 14, 2011)
Failure to conduct public bidding does not equate to third element
on disadvantage to government. (Caunan v. People)
COA disallowances are normal occurrences in government officers.
It can hardly be regarded as cause for filing criminal case. (Posadas
v. Sandiganbayan)

Manifest partiality, evident bad faith and gross inexcusable


negligence are merely descriptive. Use of all these phrases does
not mean that there are three distinct charges. Prosecution can
allege these different modes alternatively. (Jaca v. People)
33. PLUNDER VI. Taking undue advantage of the following to unjustly enrich
himself at the expense and to the damage and prejudice
ANTI-PLUNDER ACT of the country and its citizens: Official position, authority,
Republic Act No. 7080 relationship, connection or influence
Who can be guilty of plunder
I. Any public officer who, by himself or in connivance with Total value or aggregate amount of the ill-gotten wealth
members of his family, relatives by affinity or consanguinity, The ill-gotten wealth must be at least P50 Million. (as amended by R.A.
business associates, subordinates or other persons, 7659)
amasses, accumulates or acquires ill-gotten wealth through
a combination or series of overt criminal acts in the aggregate Penalties
amount or total value of at least P50 million. Reclusion perpetua to death. (as amended by R.A. 7659)
II. Any person who participated with the said public officer in the
commission of an offense contributing to the crime of plunder Forfeiture Of The Ill-Gotten Wealth In Favor Of The State
shall likewise be punished for such offense. Any or all ill-gotten wealth and their interests and other incomes and
assets including the properties and shares of stocks derived from the
Ill-Gotten Wealth deposit or investment thereof shall be forfeited in favor of the State.
Any asset, property, business enterprise or material possession of any
person, acquired by him directly or indirectly through dummies, Court with Jurisdiction
nominees, agents, subordinates and/or business associates by any The Sandiganbayan in its original jurisdiction, until otherwise provided
combination or series of specific or similar criminal means or schemes. by law.

Means of Acquiring Ill-Gotten Wealth Establishing the crime of Plunder


I. Misappropriation, conversion, misuse, or malversation: It shall not be necessary to prove each and every criminal act done by
Public funds or raids on the public treasury the accused. It is sufficient to establish beyond reasonable doubt a
II. Receive (directly or indirectly) in connection with any pattern of overt or criminal acts indicative of the overall unlawful
government contract or project or by reason of the office scheme or conspiracy.
or position: Commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any Suspension from office
person and/or entity Any public officer against whom any criminal prosecution under a valid
III. Illegal or fraudulent conveyance or disposition: Assets of information under this Act in whatever stage of execution and mode of
the Government or any of its subdivisions, agencies or participation, is pending in court, shall be suspended from office.
instrumentalities or GOCCs and their subsidiaries
IV. Obtaining, receiving or accepting (directly or indirectly) in Effect of conviction by final judgment
any business enterprise or undertaking: Shares of stock, The public officer shall lose all retirement or gratuity benefits under
equity or any other form of interest or participation any law.
including promise of future employment
V. Establishing the following to benefit particular persons or Effect of acquittal
special interests: Agricultural, industrial or commercial The public officer shall be entitled to reinstatement and to the salaries
monopolies or other combinations and/or implementation and other benefits which he failed to receive during suspension,
of decrees and orders
unless in the meantime, administrative proceedings have been filed
against him.

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