Professional Documents
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Special Penal Laws - Judge Pimentel
Special Penal Laws - Judge Pimentel
Special Penal Laws - Judge Pimentel
ANTI-MONEY LAUNDERING ACT (RA 9160), AS AMENDED BY RA 9194 The regional trial courts shall have jurisdiction to try all cases on money laundering. Those
Approved on September 29, 2001 committed by public officers and private persons who are in conspiracy with such public
officers shall be under the jurisdiction of the Sandiganbayan.
What is the purpose of this Act?
To protect and preserve the integrity and confidentiality of bank accounts and to ensure that May a person be charged with and convicted of both the offense of money
the Philippines shall not be used as a money laundering site for the proceeds of any laundering and the unlawful activity as herein defined?
unlawful activity. Consistent with its foreign policy, the State shall extend cooperation in Yes.
transnational investigations and prosecutions of persons involved in money laundering
activities wherever committed. Suppose that any monetary instrument or property is in any way related to an
unlawful activity?
What is a Money Laundering offense? The Court of Appeals, upon application ex parte by the AMLC and after determination that
It is a crime whereby the proceeds of an unlawful activity as herein defined are transacted, probable cause exists may issue a freeze order which shall be effective immediately. The
thereby making them appear to have originated from legitimate sources. freeze order shall be for a period of 20 days unless extended by the court.
What are Unlawful Activities? May the AMLC inquire into or examine any particular deposit or investment?
Any act or omission or series or combination thereof involving or having direct relation to Yes. But only upon order of any competent court in cases of violation of this Act, when it
following: has been established that there is probable cause that the deposits or investments are
(1) Kidnapping for ransom related to an unlawful activities or a money laundering offense.
(2) Violations under the Comprehensive Dangerous Act of 2002 Exceptions: Unlawful activities defined in numbers (1), (2) and (12).
(3) Violations under Anti-Graft and Corrupt Practices Act
(4) Plunder May the BSP do the same inquiry and examination of any deposit or investment?
(5) Robbery and extortion Yes. When the examination is made in the course of a periodic or special examination, in
(6) Jueteng and Masiao accordance with the rules of examination of the BSP.
(7) Piracy on the high seas
(8) Qualified theft May this Act be used as a means of political harassment?
(9) Swindling Of course not. This Act shall not be used for political persecution or harassment or as an
(10) Smuggling instrument to hamper competition in trade and commerce.
(11) Violations under the E-Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and No case for money laundering may be filed against and no assets shall be frozen, attached
murder, including those perpetrated by terrorists against non-combatant persons and or forfeited to the prejudice of a candidate for an electoral office during an election period.
similar targets;
(13) Fraudulent practices and other violations under Securities Regulation Code of 2000 What will govern the restitution for the aggrieved party?
(14) Felonies or offenses of a similar nature that are punishable under the penal laws of The provisions of the New Civil Code.
other countries.
Penalty:
Who can be guilty of money laundering offense? (a) Penalties for the Crime of Money Laundering. - The penalty of imprisonment ranging
(a) Any person knowing that any monetary instrument or property represents, involves, or from seven (7) to fourteen (14) years and a fine of not less than Three Million Philippine
relates to, the proceeds of any unlawful activity, transacts or attempts to transacts said pesos (PhP3,000,000.00) but not more than twice the value of the monetary instrument or
monetary instrument or property. property involved in the offense, shall be imposed upon a person convicted under Section
4(a) of this Act.
(b) Any person knowing that any monetary instrument or property involves the proceeds of
any unlawful activity, performs or fails to perform any act as a result of which he falicitates The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than
the offense of money laundering referred to in paragraph (a) above. One million five hundred thousand Philippine pesos (PhP1,500,000.00) but not more than
Three million Philippine pesos (PhP3,000,000.00), shall be imposed upon a person
(c) Any person knowing that any monetary instrument or property is required under this Act convicted under Section 4(b) of this Act.
to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.
The penalty of imprisonment from six (6) months to four (4) years or a fine of not less than
What court has competent jurisdiction over a money laundering offense? One hundred thousand Philippine pesos (PhP100,000.00) but not more than Five hundred
thousand Philippine pesos (PhP500,000.00), or both, shall be imposed on a person
convicted under Section 4(c) of this Act.
present only inconsequential issues for the resolution by an officer or employee of said
(b) Penalties for Failure to Keep Records. - The penalty of imprisonment from six (6) government office.
months to one (1) year or a fine of not less than One hundred thousand Philippine pesos
(PhP100,000.00) but not more than Five hundred thousand Philippine pesos What are "Complex Transactions"?
(PhP500,000.00), or both, shall be imposed on a person convicted under Section 9(b) of Requests or applications submitted by clients of a government office which necessitate the
this Act. use of discretion in the resolution of complicated issues by an officer or employee of said
government office, such transaction to be determined by the office concerned.
(c) Malicious Reporting. - Any person who, with malice, or in bad faith, reports or files a
completely unwarranted or false information relative to money laundering transaction What is "Frontline Service"?
against any person shall be subject to a penalty of six (6) months to four (4) years The process or transaction between clients and government offices or agencies involving
imprisonment and a fine of not less than One hundred thousand Philippine pesos applications for any privilege, right, permit, reward, license, concession, or for any
(PhP100,000.00) but not more than Five hundred thousand Philippine pesos modification, renewal or extension of the enumerated applications and/or requests which
(PhP500,000.00), at the discretion of the court: Provided, That the offender is not entitled to are acted upon in the ordinary course of business of the agency or office concerned.
avail the benefits of the Probation Law.
What is "Action"?
If the offender is a corporation, association, partnership or any juridical person, the penalty The written approval or disapproval made by a government office or agency on the
shall be imposed upon the responsible officers, as the case may be, who participated in the application or request submitted by a client for processing.
commission of the crime or who shall have knowingly permitted or failed to prevent its
commission. If the offender is a juridical person, the court may suspend or revoke its What is "Irrevelant requirement"?
license. If the offender is an alien, he shall, in addition to the penalties herein prescribed, be Any document or performance of an act not directly material to the resolution of the issues
deported without further proceedings after serving the penalties herein prescribed. If the raised in the request or needed in the application submitted by the client.
offender is a public official or employee, he shall, in addition to the penalties prescribed
herein, suffer perpetual or temporary absolute disqualification from office, as the case may What is a "Fixer?
be. Any individual whether or not officially involved in the operation of a government office or
agency who has access to people working therein, and whether or not in collusion with
Any public official or employee who is called upon to testify and refuses to do the same or them, facilitates speedy completion of transactions for pecuniary gain or any other
purposely fails to testify shall suffer the same penalties prescribed herein. advantage or consideration.
(d) Breach of Confidentiality. - The punishment of imprisonment ranging from three (3) to What is required of office agencies providing frontline service to reduce bureaucratic
eight (8) years and a fine of not less than Five hundred thousand Philippine pesos red tape and processing time?
(PhP500,000.00) but not more than One million Philippine pesos (PhP1,000,000.00), shall They are mandated to regularly undertake time and motion studies, undergo evaluation and
be imposed on a person convicted for a violation under Section 9(c). improvement of their transaction systems and procedures and re-engineer the same if
deemed necessary.
What is the coverage of this Act? (a) The procedure to obtain a particular service;
All government offices and agencies including local government units and government-
owned or -controlled corporations that provide frontline services as defined in this Act. (b) The person/s responsible for each step;
What are excluded in the coverage of this Act? (c) The maximum time to conclude the process;
Those performing judicial, quasi-judicial and legislative functions.
(d) The document/s to be presented by the customer, if necessary;
What are "Simple Transactions"?
Requests or applications submitted by clients of a government office or agency which only (e) The amount of fees, if necessary; and
require ministerial actions on the part of the public officer or employee, or that which
(f) The procedure for filing complaints.
It is the introduction of some changes in the shape or form of the body of the motor vehicle. the permanent registry of motor vehicle engines, engine blocks and chassis, the Land
Transportation Commission shall register the motor vehicle.
What is Dismantling?
It is the tearing apart, piece by piece or part by part, of a motor vehicle. What is the duty of Collector of Customs when an imported motor vehicle, etc. has
arrived?
What is Overhauling? He shall, within seven days after the arrival of the imported motor vehicle or any of its parts
It is the cleaning or repairing of the whole engine of a motor vehicle by separating the motor enumerated herein, make a report of the shipment to the LTC, specifying the make, type
engine and its parts from the body of the motor vehicle. and serial numbers, if any, of the motor vehicle engine, engine block and chassis or body,
and stating the names and addresses of the owner or consignee thereof. If the motor
When should one must register his vehicle? vehicle engine, engine block, chassis or body does not bear any serial number, the
Within one year after the approval of this Act, every owner or possessor of unregistered Collector of Customs concerned shall hold the motor vehicle engine, engine block, chassis
motor vehicle or parts thereof in knock down condition shall register with the Land or body until it is numbered by the LTC.
Transportation Commission the motor vehicle engine, engine block and chassis in his name
or in the name of the real owner who shall be readily available to answer any claim over the What is the duty of importers, distributors and sellers of motor vehicles?
registered motor vehicle engine, engine block or chassis. They shall keep a permanent record of his stocks, stating therein their type, make and
serial numbers, and the names and addresses of the persons from whom they were
What is the effect of non-registration? acquired and the names and addresses of the persons to whom they were sold, and shall
They shall be considered as untaxed importation or coming from an illegal source or render an accurate monthly report of his transactions in motor vehicles to the LTC.
carnapped, and shall be confiscated in favor of the Government.
What is the duty of manufacturers of engine blocks, chassis or body?
Are there charges in the registration? They shall cause the numbering of every engine block, chassis or body manufactured in a
None. All owners of motor vehicles in all cities and municipalities are required to register convenient and conspicuous part thereof which the LTC may direct for the purpose of
their cars with the local police without paying any charges. uniformity and identification of the factory and shall submit to the Land Transportation
Commission a monthly report of the manufacture and sale of engine blocks, chassis or
Suppose the motor vehicle is sold to another person, must there be a new body.
subsequent registration?
Yes. Every sale, transfer, conveyance, substitution or replacement of a motor vehicle What is the requirement for assembly or rebuilding of motor vehicles?
engine, engine block or chassis of a motor vehicle shall be registered with the Land The person who shall undertake to assemble or rebuild or cause the assembly or rebuilding
Transportation Commission. of a motor vehicle shall first secure a certificate of clearance from the Philippine
Constabulary: Provided, That no such permit shall be issued unless the applicant shall
What is the effect of non-registration? present a statement under oath containing the type, make and serial numbers of the
Motor vehicles assembled and rebuilt or repaired by replacement with motor vehicle engine, chassis and body, if any, and the complete list of the spare parts of the motor
engines, engine blocks and chassis not registered with the Land Transportation vehicle to be assembled or rebuilt together with the names and addresses of the sources
Commission shall not be issued certificates of registration and shall be considered as thereof.
untaxed imported motor vehicles or motor vehicles carnapped or proceeding from illegal
sources. Is a permit required in mounting motor vehicles on motor boats, motor bancas and
other light water vessels?
What is the procedure when seeks original registration of a vehicle? Yes. The applicant shall secure a permit from the Philippine Coast Guard, which office shall
1) Whether that motor vehicle is newly assembled or rebuilt or acquired from a registered in turn furnish the LTC the pertinent data concerning the motor vehicle engines including
owner, he shall within one week after the completion of the assembly or rebuilding job or their type, make and serial numbers.
the acquisition thereof from the registered owner, apply to the Philippine Constabulary for
clearance of the motor vehicle for registration with the Land Transportation Commission. Is clearance required for shipment of motor vehicles, motor vehicle engines, engine
2) The Philippine Constabulary shall, upon receipt of the application, verify if the motor blocks, chassis or body?
vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen motor Yes. Any person who owns or operates inter-island shipping or any water transportation
vehicle parts. with launches, boats, vessels or ships shall within seven days submit a report to the
3) If the motor vehicle or any of its numbered parts is not in that list, the Philippine Philippine Constabulary.
Constabulary shall forthwith issue a certificate of clearance.
4) Upon presentation of the certificate of clearance from the Philippine Constabulary and Is defacing or tampering with serial numbers illegal?
after verification of the registration of the motor vehicle engine, engine block and chassis in Yes. It shall be unlawful for any person to deface or otherwise tamper with the original or
registered serial number of motor vehicle engines, engine blocks and chassis.
What happens if the person subjected to hazing or other forms of initiation rites
suffers any physical injury or dies as a result thereof?
The officers and members of the fraternity, sorority or organization who actually participated
in the infliction of physical harm shall be liable as principals.
Aside from the officers and members who participated in the hazing, who can also
be liable?
1) The owner of the place where hazing is conducted shall be liable as an accomplice, e.) The penalty of prison mayor in its maximum period if in consequence of the hazing the
when he has actual knowledge of the hazing conducted therein but failed to take any action victim shall have been ill or incapacitated for the performance of the activity or work in
to prevent the same from occurring. which he was habitually engaged for more than thirty (30) days.
2) If the hazing is held in the home of one of the officers or members of the fraternity, group,
or organization, the parents shall be held liable as principals when they have actual f.) The penalty of prison mayor in its medium period if in consequence of the hazing the
knowledge of the hazing conducted therein but failed to take any action to prevent the victim shall have been ill or capacitated for the performance of the activity or work in which
same from occurring. he was habitually engaged for ten (10) days or more, or that the injury sustained shall
3) The school authorities including faculty members who consent to the hazing or who require medical attendance for the same period.
have actual knowledge thereof, but failed to take any action to prevent the same from
occurring shall be punished as accomplices for the acts of hazing committed by the g.) The penalty of the prison mayor in its period if in consequence of the hazing the victim
perpetrators. shall have been ill or incapacitated for the performance of the activity or work in which he
4) The officers, former officers, or alumni of the organization, group, fraternity or was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall
sorority who actually planned the hazing although not present when the acts require medical attendance for the same period.
constituting the hazing were committed shall be liable as principals. A fraternity or
sorority's adviser who is present when the acts constituting the hazing were committed h.) The penalty of prison correctional in its maximum period if in consequence of the hazing
and failed to take action to prevent the same from occurring shall be liable as principal. the victim shall sustain physical injuries, which do not prevent him/her from engaging in his
habitual activity, or work nor require medical attendance.
What is prima facie evidence that a person participated in the hazing?
The presence of any person during the hazing is prima facie evidence of participation The responsible officials of the school or of the police, military or citizen’s army training
therein as principal unless he prevented the commission of the acts punishable herein. organization may impose the appropriate administrative sanctions on the person or persons
charged under this provision even before their conviction.
Is the person liable entitled to a mitigating circumstance?
Any person charged under this provision shall not be entitled to the mitigating circumstance The maximum penalty herein provided shall be imposed in any of the following instances:
that there was no intention to commit so grave a wrong.
a.) When the recruitment is accompanied by force, violence, threat, intimidation or deceit
Is this also applicable in cases wherein hazing is a prior requisite for employment? on the person of the recruit who refuses to join;
Yes. It shall apply to the president, manager, director or other responsible officer of a
corporation engaged in hazing as a requirement for employment in the manner provided b.) When the recruit, neophyte or applicant initially consents to join but upon learning that
herein. hazing will be committed on his person, is prevented from quitting.
Penalty: c.) When the recruit, neophyte or applicant having undergone hazing is prevented from
a.) The penalty of reclusion perpetual if death, rape, sodomy or mutilation results therefrom. reporting the unlawful act to his parents or guardians, to the proper school authorities or to
the police authorities, through force, violence, threat or intimidation;
b.) The penalty of reclusion temporal in its maximum period if in consequence of the hazing
the victim shall become insane, imbecile, impotent or blind. d.) When the hazing is committed outside of the school or institution; or
c.) The penalty of reclusion temporal in its maximum period if in consequence of the hazing e.) When the victim is below twelve (12) years of age at he time of hazing.
the victim shall have lost the use of speech or the power to hear or to smell, or shall have
lost an eye, a hand, a foot, an arm or a leg shall have lost the use of nay such member
shall have become incapacitated for the activity or work in which he/she was habitually
engaged.
ANTI-FENCING LAW OF 1979 (PD 1612)
d.) The penalty of reclusion temporal in its minimum period if in consequence of the hazing Effective on March 2, 1979
the victim shall become deformed or shall have lost any other part of his/her body, or shall
have lost the use thereof or shall have been ill or incapacitated for the performance of the
What is Fencing?
activity or work in which he/she has habitually engaged for a period of more than ninety
It is the act of any person who, with intent to gain for himself or for another, shall buy,
(90) days.
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any
other manner deal in any article, item, object or anything of value which he knows, or
should be known to him, to have been derived from the proceeds of the crime of robbery or
theft.
Who is a Fence? 4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and
It includes any person, firm, association corporation or partnership or other organization which are found to be stolen property shall likewise be held under restraint and shall,
who/which commits the act of fencing. furthermore, be subject to confiscation as evidence in the appropriate case to be filed. If,
upon termination of the case, the same is not claimed by their legitimate owners, the
What is the penalty? article/s shall be forfeited in favor of the government and made subject to disposition as the
It depends on the value of the property. circumstances warrant in accordance with applicable existing laws, rules and regulations.
1) More than P12,000 but not exceeding P22,000 - Prision mayor The Commission on Audit shall, in all cases, be notified.
2) Exceeding P22,000 - Prision mayor (max). Additional of 1 year for each P10,000.
However, the total penalty shall not exceed 20 years. In such cases, the penalty shall be 5. Any personnel of the Integrated National Police found violating the provisions of Section
termed reclusion temporal and the accessory penalty pertaining thereto provided in the 6 of P.D. No. 1612 or any of its implementing rules and regulations or who, in any manner
RPC shall also be imposed whatsoever, connives with or through his negligence or inaction makes possible the
3) More than P6,000 but not exceeding P12,000 - Prision correccional (med and max) commission of such violations by any party required to comply with the law and its
4) More than P200 but not exceeding P6,000 - Prision correccional (min and med) implementing rules and regulations, shall be prosecuted criminally without prejudice to the
5) More than P50 but not exceeding P200 - Arresto mayor (med) to Prision correccional imposition of administrative penalties.
(min)
6) More than P5 but not exceeding P50 - Arresto mayor (med)
7) Not exceeding P5 - Arresto mayor (min)
3. Articles obtained from unlicensed sources for sale or offered for sale without prior (c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or
compliance with the provisions of Section 6 of P.D. No. 1612 and with these rules and material benefit, for himself or for another, from any person for whom the public officer, in
regulations shall be held in restraint until satisfactory evidence or legitimacy of acquisition any manner or capacity, has secured or obtained, or will secure or obtain, any Government
has been established. permit or license, in consideration for the help given or to be given.
(d) Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year What includes Family Relation?
after its termination. It shall include the spouse or relatives by consanguinity or affinity in the third civil degree.
(e) Causing any undue injury to any party, including the Government, or giving any private What is Close Personal Relation?
party any unwarranted benefits, advantage or preference in the discharge of his official It shall include close personal friendship, social and fraternal connections, and professional
administrative or judicial functions through manifest partiality, evident bad faith or gross employment all giving rise to intimacy which assures free access to such public officer.
inexcusable negligence. This provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or permits or other Who among those related to the President, Vice-President, Senate President, House
concessions. Speaker are prohibited to intervene, directly or indirectly, in any business,
transaction, contract or application with the government?
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act The spouse or any relative, by consanguinity or affinity, within the third civil degree.
within a reasonable time on any matter pending before him for the purpose of obtaining, Exception: Any person who, prior to the assumption of office of the official, has been
directly or indirectly, from any person interested in the matter some pecuniary or material already dealing with the Government along the same line of business, or to any transaction,
benefit or advantage, or for the purpose of favoring his own interest or giving undue contract or application already existing or pending at the time of such assumption of public
advantage in favor of or discriminating against any other interested party. office, or to any application filed by him the approval of which is not discretionary on the
part of the official or officials concerned but depends upon compliance with requisites
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and provided by law, or rules or regulations issued pursuant to law, or to any act lawfully
grossly disadvantageous to the same, whether or not the public officer profited or will profit performed in an official capacity or in the exercise of a profession.
thereby.
What is the prohibition on any member of the Congress?
(h) Directly or indirectly having financing or pecuniary interest in any business, contract or To acquire or receive any personal pecuniary interest in any specific business enterprise
transaction in connection with which he intervenes or takes part in his official capacity, or in which will be directly and particularly favored or benefited by any law or resolution authored
which he is prohibited by the Constitution or by any law from having any interest. by him previously approved or adopted by the Congress during the his term.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest With regard to enactment or adoption of a law or resolution, who can be liable?
in any transaction or act requiring the approval of a board, panel or group of which he is a Any public officer who recommended the initiation in Congress of the enactment or
member, and which exercises discretion in such approval, even if he votes against the adoption of any law or resolution, and acquires or receives any such interest during his
same or does not participate in the action of the board, committee, panel or group. incumbency.
Interest for personal gain shall be presumed against those public officers responsible for Suppose the member of the Congress or a public officer has an interest even prior to
the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the the approval or the law or resolution authored or recommended by him?
board, panel or group to which they belong. It is unlawful for such member of Congress or other public officer to continue to retain such
interest for 30 days after approval.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or When should every public officer prepare and file his Statement of Assets and
advantage, or of a mere representative or dummy of one who is not so qualified or entitled. Liabilities (SAL)?
Within thirty days after the approval of this Act or after assuming office, and within the
(k) Divulging valuable information of a confidential character, acquired by his office or by month of January of every other year thereafter, as well as upon the expiration of his term
him on account of his official position to unauthorized persons, or releasing such of office, or upon his resignation or separation from office.
information in advance of its authorized release date.
What should the SAL contain?
A true detailed and sworn statement of assets and liabilities, including a statement of the
What happens to the person giving the gift, present, share, percentage or benefit, or amounts and sources of his income, the amounts of his personal and family expenses and
offering or giving to the public officer employment, or urging the divulging or the amount of income taxes paid for the next preceding calendar year.
untimely release of the confidential information?
Such person, together with the offending public officer, will be punished under this Act and Suppose a public officer assumed office less than two months before the end of the
shall be permanently or temporarily disqualified in the discretion of the Court, from calendar year?
transacting business in any form with the Government. He may file his statement in the following months of January.
Any person who directs or induces another to commit any act of sexual harassment, or consent of the person/s involved, notwithstanding that consent to record or take photo or
who cooperates in the commission thereof by another without which it would not have video coverage of same was given by such person's.
been committed, shall also be held liable.
What does "Under circumstances in which a person has a reasonable expectation of
What is the duty of the employer or head of the office in a work-related, education or privacy" mean?
training environment? It means believe that he/she could disrobe in privacy, without being concerned that an
To prevent or deter the commission of acts of sexual harassment and to provide the image or a private area of the person was being captured; or circumstances in which a
procedures for the resolution, settlement or prosecution of acts of sexual harassment. reasonable person would believe that a private area of the person would not be visible to
the public, regardless of whether that person is in a public or private place.
To what extent is the liability of the employer or head?
He/She shall be solidarily liable for damages arising from the acts of sexual What are the prohibited acts under this law?
harassment committed in the employment, education or training environment if the (a) To take photo or video coverage of a person or group of persons performing sexual act
employer or head of office, educational or training institution is informed of such acts by or any similar activity or to capture an image of the private area of a person/s such as the
the offended party and no immediate action is taken. naked or undergarment clad genitals, public area, buttocks or female breast without the
consent of the person/s involved and under circumstances in which the person/s has/have
Can the victim of work, education or training-related sexual harassment institute a a reasonable expectation of privacy;
separate and independent action for damages and other affirmative relief?
Yes. (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or
recording of sexual act or any similar activity with or without consideration;
What is the penalty?
Imprisonment of not less than 1 month nor more than 6 months, or a fine of not less than (c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording
P10,000 nor more than P20,000, or both at the discretion of the court. of sexual act, whether it be the original copy or reproduction thereof; or
What is the prescription period? (d) To publish or broadcast, or cause to be published or broadcast, whether in print or
3 years. broadcast media, or show or exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD, internet, cellular phones and other
similar means or device.
What is Capture? Can a photo orvideo coverage taken in violation of this Act be admissible in
It is with respect to an image, means to videotape, photograph, film, record by any means, evidence?
or broadcast. No. Any record, photo or video, or copy thereof, obtained or secured by any person in
violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-
What is Photo or Video Voyeurism? judicial, legislative or administrative hearing or investigation.
1) It is the act of taking photo or video coverage of a person or group of persons performing
sexual act or any similar activity or of capturing an image of the private area of a person or
persons without the latter's consent, under circumstances in which such person/s has/have
a reasonable expectation of privacy.
2) It is also the act of selling, copying, reproducing, broadcasting, sharing, showing or
exhibiting the photo or video coverage or recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones and similar means or device without the written
(4) 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
(5) To pay interest in foreign currency on such deposits.
BANK SECRECY ACT (RA 1405) What are the requirements for foreign curency cover?
Approved on September 9, 1955 Except as the Monetary Board may otherwise prescribe or allow, the depository banks shall
maintain at all times a one hundred percent foreign currency cover for their liabilities, of
What is the purpose of the Bank Secrecy Act? which cover at least fifteen percent shall be in the form of foreign currency deposit with the
To give encouragement to the people to deposit their money in banking institutions and to Central Bank, and the balance in the form of foreign currency loans or securities, which
discourage private hoarding so that the same may be properly utilized by banks in loans or securities shall be of short term maturities and readily marketable. Such foreign
authorized loans to assist in the economic development of the country. currency loans may include loans to domestic enterprises which are export-oriented or
registered with the Board of Investments, subject to the limitations to be prescribed by the
What are considered absolutely confidential in nature and hence cannot be Monetary Board on such loans. Except as the Monetary Board may otherwise prescribe or
examined, inquired or looked into by any person, government official, bureau, or allow, the foreign currency cover shall be in the same currency as that of the corresponding
office? foreign currency deposit liability. The Central Bank may pay interest on the foreign currency
All deposits of whatever nature with banks or banking institutions in the Philippines deposit, and if requested shall exchange the foreign currency notes and coins into foreign
including investments in bonds issued by the Government of the Philippines, its political currency instruments drawn on its depository banks. (As amended by PD No. 1453, June
subdivisions and its instrumentalities. 11, 1978.)
What is the exception to this prohibition? Who are excepted from the 15% deposit requirement?
Upon written permission of the depositor. Depository banks which, on account of networth, resources, past performance, or other
pertinent criteria, have been qualified by the Monetary Board to function under an
In impeachment cases, there is a different rule. What is it? expanded foreign currency deposit system.
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. Can the said depositary banks extend foreign currency loans to any domestic
enterprise?
What is the responsibility of any official or employee of a banking institution? Yes. But subject to prior Central Bank approval when required by Central Bank regulations.
To not disclose information concerning said deposits. It is without the limitations prescribed in the preceding paragraph regarding maturity and
Exception: Upon written permission of the depositor or upon court order in cases of marketability, and such loans shall be eligible for purposes of the 100% foreign currency
impeachment. cover.
FOREIGN CURRENCY DEPOSIT ACT (RA 6426) Are foreign currency deposits subject to tax?
No. Including interest and all other income or earnings of such deposits are hereby
Approved on April 4, 1974
exempted from any and all taxes whatsoever irrespective of whether or not these deposits
are made by residents or nonresidents so long as the deposits are eligible or allowed and,
Who may be authorized to deposit foreign currency?
in the case of nonresidents, irrespective of whether or not they are engaged in trade or
Any person, natural or juridical, may deposit with such Philippine banks in good standing.
business in the Philippines.
What foreign currencies are acceptable?
Do foreign currency deposits enjoy confidentiality?
Foreign currencies which are acceptable as part of the international reserve, except those
Yes. They are declared as and considered of an absolutely confidential nature and, except
which are required by the Central Bank to be surrendered.
upon the written permission of the depositor, in no instance shall foreign currency deposits
be examined, inquired or looked into by any person, government official, bureau or office
What are the authority of banks designated by Central Bank?
whether judicial or administrative or legislative, or any other entity whether public or private.
(1) To accept deposits and to accept foreign currencies in trust Provided, That numbered
accounts for recording and servicing of said deposits shall be allowed;
May foreign currency deposits be subject to attachment or garnishment?
(2) To issue certificates to evidence such deposits;
(3) To discount said certificates;
No. They shall be exempt from attachment, garnishment, or any other order or process of
any court, legislative body, government agency or any administrative body whatsoever. (i) giving of false or fabricated information to mislead or prevent the law enforcement
agencies from apprehending the offender or from protecting the life or property of the
Are foreign currency deposits insured? victim; or fabricating information from the data gathered in confidence by investigating
Yes. They shall be insured under Philippine Deposit Insurance Corporation (PDIC). authorities for purposes of background information and not for publication and publishing or
Isurance payment shall be in the same currency in which the insured deposits are disseminating the same to mislead the investigator or to the court.
denominated.
Suppose a higher penalty is imposed by another law on one of abovementioned
acts?
The higher penalty shall be imposed.
OBSTRUCTION OF JUSTICE (PD 1829)
Effective on January 16, 1981 Suppose the violator is a public official or employee?
He shall in addition to the penalties provided thereunder, suffer perpetual disqualification
How is obsruction of justice committed? from holding public office.
Knowingly or willfully obstructing, impeding, frustrating or delaying the apprehension of
suspects and the investigation and prosecution of criminal cases.
(d) publicly using a fictitious name for the purpose of concealing a crime, evading What is Ill-gotten wealth?
prosecution or the execution of a judgment, or concealing his true name and other personal Any asset, property, business enterprise or material possession of any person, acquired by
circumstances for the same purpose or purposes; him directly or indirectly through dummies, nominees, agents, subordinates and/or
business associates by any combination or series of specific or similar criminal means or
(e) delaying the prosecution of criminal cases by obstructing the service of process or court schemes.
orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;
How is ill-gotten wealth acquired?
(f) making, presenting or using any record, document, paper or object with knowledge of its 1) Misappropriation, conversion, misuse, or malversation : Public funds or raids on the
falsity and with intent to affect the course or outcome of the investigation of, or official public treasury
proceedings in, criminal cases; 2) Receive (directly or indirectly) in connection with any government contract or
project or by reason of the office or position : Commission, gift, share, percentage,
(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining kickbacks or any other form of pecuniary benefit from any person and/or entity
from, discounting, or impeding the prosecution of a criminal offender; 3) Illegal or fraudulent conveyance or disposition : Assets of the Government or any of
its subdivisions, agencies or instrumentalities or GOCCs and their subsidiaries
(h) threatening directly or indirectly another with the infliction of any wrong upon his person, 4) Obtaining, receiving or accepting (directly or indirectly) in any business enterprise
honor or property or that of any immediate member or members of his family in order to or undertaking : Shares of stock, equity or any other form of interest or participation
prevent such person from appearing in the investigation of, or official proceedings in, including promise of future employment
criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a
person from appearing in the investigation of or in official proceedings in, criminal cases;
5) Establishing the ff. to benefit particular persons or special interests : Agricultural, He shall be entitled to reinstatement and to the salaries and other benefits which he failed
industrial or commercial monopolies or other combinations and/or implementation of to receive during suspension, unless in the meantime, administrative proceedings have
decrees and orders been filed against him.
6) Taking undue advantage of the ff. to unjustly enrich himself at the expense and to
the damage and prejudice of the country and its citizens : Official position, authority,
relationship, connection or influence
Is plunder prescriptible?
What must be the total value or aggregate amount of ill-gotten wealth? Yes. It shall prescribe in 20 years. However, the right of the State to recover properties
At least P50 Million. unlawfully acquired by public officers from them or from their nominees or transferees shall
not be barred by prescription, laches, or estoppel.
What is the penalty?
Reclusion perpetua to death.
What is a Person?
It includes any natural or juridical person, unless the context indicates otherwise.
If acquitted?