III.

SPECIAL LAWS
PUNISHABLE ACTS AND CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

A. Anti-Arson Law (Secs. 1 to 5, PD 1613, as amended by PD 1744)

Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished
by Prision Mayor.
The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.

Section 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives, inflammable or
combustible materials are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture, education
or social services.
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property
4. Any building where evidence is kept for use in any legislative, judicial, administrative or other
official proceedings.
5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or
private market, theater or movie house or any similar place or building.
6. Any building, whether used as a dwelling or not, situated in a populated or congested area.

Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua
shall be imposed if the property burned is any of the following:
1. Any building used as offices of the government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
4. Any rice mill, sugar mill, cane mill or mill central; and
5. Any railway or bus station, airport, wharf or warehouse.

Section 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall
be imposed in its maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned or carried out by a group of three (3)
or more persons.

Section 5. Where Death Results from Arson. If by reason of or on the occasion of the arson
death results, the penalty of Reclusion Perpetua to death shall be imposed.

B. Anti-Child Pornography Act 2009 (Secs. 3[a-c], 4, and 5, R.A. No. 9775)

Section 3. Definition of Terms. -

(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take
care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child as defined
herein; and
(2) computer-generated, digitally or manually crafted images or graphics of a person who
is represented or who is made to appear to be a child as defined herein.

(b) "Child pornography" refers to any representation, whether visual, audio, or written
combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of
child engaged or involved in real or simulated explicit sexual activities.

(c) "Explicit Sexual Activity" includes actual or simulated -

(1) As to form:
(i) sexual intercourse or lascivious act including, but not limited to, contact
involving genital to genital, oral to genital, anal to genital, or oral to anal, whether
between persons of the same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import
any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography of the
same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited
acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in

cooperation with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly
permit the child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit
any form of child pornography shall be committed when two (2) or more persons come to an
agreement concerning the commission of any of the said prohibited acts and decide to commit
it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed

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

C. Anti-Fencing Law of 1979 (Secs.2 and 5, PD 1612)

Section 2. Definition of Terms. The following terms shall mean as follows:

(a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall
buy, 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.

(b) "Fence" includes any person, firm, association corporation or partnership or other
organization who/which commits the act of fencing.

Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or
anything of value which has been the subject of robbery or thievery shall be prima facie evidence
of fencing.
PD 1612 was enacted to impose heavy penalties on persons who profit by the effects of the crimes
of robbery and theft. (Tan vs. People, G.R. No. 134298. August 26, 1999)

Fencing is a malum prohibitum, and PD 1612 creates a prima facie presumption of Fencing from
evidence of possession by the accused of any good, article, item, object or anything of value, which
has been the subject of robbery or theft; and prescribes a higher penalty based on the value of the
property. (Cahulogan vs. People, G.R. No. 225695, March 21, 2018)

Elements of the Crime of Fencing:

1. A crime of robbery or theft has been committed;

2. The accused who is not a principal or accomplice in the crime of robbery or theft, buys, receives,
possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in
any article, item, object or anything of value, which have been derived from the proceeds of the
said crime;
3. The accused knows or should have known that the said article, item, object or anything of value
has been derived from the proceeds of the crime of robbery or theft; and
4. There is, on the part of the accused, intent to gain for himself or for another. (Dela Torre vs.
Comelec, G.R. No. 121592, July 5, 1996)

Meaning of the term “knows or should have known”

One is deemed to know a particular fact if he has the cognizance, consciousness or

awareness thereof, or is aware of the existence of something, or has the acquaintance with facts,
or if he has something within the mind's grasp with certitude and clarity. When knowledge of the
existence of a particular fact is an element of an offense, such knowledge is established if a person
is aware of a high probability of its existence unless he actually believes that it does not exist. On
the other hand, the words "should know" denote the fact that a person of reasonable prudence and
intelligence would ascertain the fact in performance of his duty to another or would govern his
conduct upon assumption that such fact exists. (Dizon-Pamintuan vs. People, G.R. No. 111426,
July 11, 1994)

D. Anti-Graft and Corrupt Practices Act (Sec. 3, RA 3019, as amended)

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers
already penalized by existing law, the following shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:

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

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

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

(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
after its termination.

(e) Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official administrative
or judicial functions through manifest partiality, evident bad faith or gross inexcusable
negligence. This provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other concessions.

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

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

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

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

Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel
or group to which they belong.

(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 advantage, or
of a mere representative or dummy of one who is not so qualified or entitled.
 (k) Divulging valuable information of a confidential character, acquired by his office or by him
on account of his official position to unauthorized persons, or releasing such information in
advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b)
and (c); or offering or giving to the public officer the employment mentioned in subparagraph
(d); or urging the divulging or untimely release of the confidential information referred to in
subparagraph (k) of this section shall, together with the offending public officer, be punished
under Section nine of this Act and shall be permanently or temporarily disqualified in the
discretion of the Court, from transacting business in any form with the Government.

Public Officer
It includes elective and appointive officials and employees, permanent or temporary, whether in
the classified or unclassified or exempt service receiving compensation, even nominal, from the
government (Sec. 2(b)).

Receiving Any Gift

Act of accepting directly or indirectly a gift from a person other than a member of the public
officer's immediate family, in behalf of himself or of any member of his family or relative within
the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family
celebration or national festivity like Christmas, if the value of the gift is under the circumstances
manifestly excessive (Sec. 2(c)).

Persons Liable:
1. Any public officer who performs the following acts:

(a) Persuading, inducing or influencing another public officer to perform an act

constituting a violation of rules and regulations duly promulgated by competent
authority or an offense in connection with the official duties of the latter, or
allowing himself to be persuaded, induced, or influenced to commit such violation
or offense.

NOTE: Persuasion need NOT be successful. The gravamen of the offense is persuasion.

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

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

(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 after its termination.

NOTE: This act is mala prohibita.

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

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

Elements:
· The accused must be a public officer discharging administrative,
judicial or official functions;
· He must have acted with manifest partiality, evident bad faith or
inexcusable negligence; and
· His action caused any undue injury to any party, including the government
or gave any private party unwarranted benefits, advantage or preference in
the discharge of his functions. (Catacutan v. People, August 31, 2011)

NOTES: The best defense is that the partiality was not manifest. That the partiality is manifest is
a heavy burden on the prosecution. Another defense is the Arias Doctrine. The defense applies in
a case where the accused is an approving officer and is on trial for signing unjust contract (Arias
vs. Sandiganbayan; 1989).

The defense was that the approving officer relied on the prior signatures of his subordinates and
had no reason to suspect wrongdoing and was swamped with a lot of documents on the day that
he signed.

There is NO attempted or frustrated stage of the crime defined in Sec. 3(e), R.A. 3019.

(f) Neglecting or refusing, after due demand or request, without sufficient

justification, to act within a reasonable time on any matter pending before him for
the purpose of obtaining, directly or indirectly, from any person (a) interested in
the matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in favor of or discriminating
against any other interested party.

(b) Entering, on behalf of the Government, into any contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the public officer profited
or will profit thereby.
 Elements:
1. The accused is a public officer;
2. The public officer entered into a contract or transaction on behalf of the government;
and
3. The contract or transaction was grossly and manifestly disadvantageous to the
government. (Singian v. Sandiganbayan, September 30, 2013)

NOTES: In determining whether the contract was manifestly and grossly disadvantageous, it is
NOT merely consideration of the pecuniary amount involved. (Marcos vs. Sandiganbayan,
October 6, 1998)

Private persons may likewise be charged with violation of Section 3(g) of RA 3019 if they
conspired with the public officer. (Singian v. Sandiganbayan, supra)

(c) Directly or indirectly having financing or pecuniary interest in any business,

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

NOTES: Actual intervention is required.

Under the Code of Professional Conduct, the public officer MUST divest his interest.

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

NOTE: Interest for personal gain shall be presumed against those public officers responsible for
the approval of manifestly unlawful, inequitable or irregular transactions or acts by the board,
panel, or group to which they belong.

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

(f) Divulging valuable information of a confidential character, acquired by his office

or by him on account of his official position to unauthorized persons, or releasing
such information in advance of its authorized release date (Sec.3).

Private individuals –
(a) Any person who, having family or close personal relation with any public
official, capitalizes or exploits or takes advantage of such family or close
 personal relation by directly or indirectly requesting or receiving any present,
gift or material or pecuniary advantage from any other person having some
business, transaction, application, request or contract with the government, in
which such public official has to intervene.

NOTE: Family relation shall include the spouse or relatives by consanguinity or affinity in the
third civil degree. The word "close personal relation" shall include close personal friendship, social
and fraternal connections, and professional employment all giving rise to intimacy which assures
free access to such public officer.

(a) Any person who knowingly induces or causes any public official to commit
any of the offenses under Section 3, R.A. 3019 (Sec. 4).

1. The spouse or for any relative, by consanguinity or affinity, within the third civil degree,
of the President, the Vice-President, the Senate President, or the Speaker of the House of
Representatives, to intervene, directly or indirectly, in any business, transaction, contract
or application with the Government.
Exceptions: The prohibition shall NOT apply to –
(a) Any person who, prior to the assumption of office of the official to whom he is
related, has been already dealing with the Government along the same line of
business;
(b) Any transaction, contract or application already existing or pending at the time of
such assumption of public office;
(c) Any application filed by him the approval of which is not discretionary on the part
of the official or officials concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to law;
(d) Any act lawfully performed in an official capacity or in the exercise of a profession
(Sec. 55).
2. Any member of the Congress who, during the term for which he has been elected, acquires
or receives any personal pecuniary interest in any specific business enterprise which will
be directly and particularly favored or benefited by any law or resolution authored by him
previously approved or adopted by the Congress during his term.

3. Any other public officer who recommended the initiation in Congress of the enactment or
adoption of any law or resolution, and acquires or receives any such interest during his
incumbency (Sec. 6).

NOTE: It is also unlawful for such member of Congress or other public officer who, having such
interest prior to the approval of such law or resolution authored or recommended by him, continues
for 30 days after such approval to retain such interest.

4. Any public officer who fails to file a true detailed and sworn SALN within 30 days after
assuming office, and thereafter on or before the 15th day of April following the close of
every calendar year, as well as upon the expiration of his term of office, or upon resignation
or separation from office (Sec. 7).
 Acts Not Covered
Unsolicited gifts or presents of small or insignificant value offered or given as a mere
ordinary token of gratitude or friendship according to local customs or usage. (Section
14)

NOTE: Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any
profession, lawful trade or occupation by any private person or by any public officer who under
the law may legitimately practice his profession, trade or occupation, during his incumbency,
EXCEPT where the practice of such profession, trade or occupation involves conspiracy with any
other person or public official to commit any violations of this Act.

Dismissal due to Unexplained Wealth

If a public official has been found to have acquired during his incumbency, whether in
his name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income, that fact shall
be a ground for dismissal or removal (Sec. 8).

NOTES: Properties in the name of the spouse and unmarried children of such public official may
be taken into consideration, when their acquisition through legitimate means cannot be
satisfactorily shown.

· Bank deposits in the name of, or manifestly excessive expenditures incurred by, the public
official, his spouse or any of their dependents, including but not limited to activities in any
club or association or any ostentatious display of wealth including frequent travel abroad
of a non-official character by any public official when such activities entail expenses
evidently out of proportion to legitimate income, shall be taken into consideration (Sec. 8).

Competent Court: Sandiganbayan.

Prescriptive Period: All offenses punishable under this Act shall prescribe in 15 years (Sec. 11,
as amended by B.P. 195).

Termination of Office
No public officer shall be allowed to resign or retire pending an investigation, criminal or
administrative, or pending a prosecution against him, for any offense under this Act or under the
provisions of the RPC on bribery (Sec. 12).

Suspension and Loss of Benefits

Any incumbent public officer against whom any criminal prosecution under a valid information
under this Act, or under Title 7, Book II of the RPC, or for any offense involving fraud upon
government or public funds or property whether as a simple or as complex offense and in whether
stage of execution and mode of participation, is pending in court, shall be suspended from office.

Conviction by final judgment shall lose all retirement or gratuity benefits under any law, but if he
is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to
receive during suspension, unless in the meantime administrative proceedings have been filed
against him (Sec. 13).
NOTE: Suspension cannot be automatic. (People v. Albano; 1988)

E. Anti-Hazing Act of 2018 (Secs. 2 and 3, RA 8049, as amended by RA 11053

Section 2. Definition of Terms. - As used in this Act:

(a) Hazing refers to any act that results in physical or psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made
as a prerequisite for admission or a requirement for continuing membership in a fraternity,
sorority, or organization including, but not limited to paddling, whipping, beating, branding,
forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage,
drug or other substance, or any other brutal treatment or forced physical activity which is likely
to adversely affect the physical and psychological health of such recruit, neophyte, applicant, or
member. This shall also include any activity, intentionally made or otherwise, by one person
alone or acting with others, that tends to humiliate or embarrass, degrade, abuse, or endanger,
by requiring a recruit, neophyte, applicant, or member to do menial, silly, or foolish tasks.

(b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, weather
formal or informal, that a person must perform or take part in order to be accepted into fraternity,
sorority, organization as a full-fledged member. It includes ceremonies practices , rituals, and
other acts in all stages of membership in a fraternity, sorority, or organization.

(c) Organization refers to an organized body of people which includes, but it is not limited to,
any club, association, group, fraternity, and sorority. This term shall include the Armed Forces
of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Military Academy
(PMA), the Philippine National Police Academy (PNPA), and other similar uniformed service
learning institutions.

(d) Schools refer to colleges, universities, and other educational institutions.

Sec. 3. Prohibition on Hazing. - All forms of hazing shall be prohibited in fraternities, sororities,
and organizations in schools, including citizens' military training and citizens' army training.
This prohibition shall likewise apply to all other fraternities, sororities, and organizations that
are not school-based, such as community-based and other similar fraternities, sororities and
organizations: Provide, That the physical, mental, and practices to determine and enhance the
physical, mental, and psychological fitness of prospective regular members of the AFP and the
PNP as approved by the Secretary of National Defense and National Police Commission, duly
recommended by the Chief of Staff of the AFP and Director General of the PNP, shall not be
considered as hazing purposes of this Act: Provided, further, That the exemption provided herein
shall likewise apply to similar procedures and practices approved by the respective heads of
other uniformed learning institutions as to their prospective members, nor shall this provision
apply to any customary athletic events or other similar contests or competitions or any activity
or conduct that furthers a legal and legitimate objective, subject to prior submission of a medical
clearance or certificate.
 In no case shall hazing be made a requirement for employment in any business or corporation.

Elements of the Crime of Hazing:

1. That there is an initiation rite or practice as a prerequisite for admission into membership in a
fraternity, sorority or organization;
2. That there must be a recruit, neophyte or applicant of the fraternity, sorority or organization;
and;
3. That the recruit, neophyte or applicant is placed in some embarrassing or humiliating situations
such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise
subjecting him to physical or psychological suffering or injury. (Dungo vs. People of the
Philippines, G.R. No. 209464, July 1, 2015)

NOTE: The physical, mental and psychological fitness trainings of prospective regular members
of the AFP and the PNP as approved by the DND Secretary and the NPC, duly recommended by
the AFP Chief of Staff and the PNP Director General shall NOT be considered as hazing.

NOTE: Hazing shall not be made a requirement for employment in any business or corporation.

F. Anti-Hijacking Law (Secs. 1 and 3, RA 6235)

Section 1. It shall be unlawful for any person to compel a change in the course or destination of
an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An
aircraft is in flight from the moment all its external doors are closed following embarkation until
any of such doors is opened for disembarkation.

It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in
Philippine territory or to seize or usurp the control thereof while it is within the said territory.

Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any
passenger aircraft operating as a public utility within the Philippines, and explosive, flammable,
corrosive or poisonous substance or material.

G. Anti-Photo and Video Voyeurism Act of 2009 (Secs. 3 [a, b, d, f] and 4, RA 9995)

Section 3. Definition of Terms. - For purposes of this Act, the term:

(a) "Broadcast" means to make public, by any means, a visual image with the intent that it be
viewed by a person or persons.

(b) "Capture" with respect to an image, means to videotape, photograph, film, record by any
means, or broadcast.

(d) "Photo or video voyeurism" means 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, or 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 consent of the person/s involved,
notwithstanding that consent to record or take photo or video coverage of same was given by
such person's.

(f) "Under circumstances in which a person has a reasonable expectation of privacy" means
believe that he/she could disrobe in privacy, without being concerned that an image or a private
area of the person was being captured; or circumstances in which a 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.

Section 4. Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

(a) To take photo or video coverage of a person or group of persons performing sexual act or
any similar activity or to capture an image of the private area of a person/s such as the 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 a reasonable
expectation of privacy;

(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;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of
sexual act, whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or 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.

The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same was given by such person/s. Any person who
violates this provision shall be liable for photo or video voyeurism as defined herein.

H. Anti-Plunder Act (Secs. 1 & 2, R.A. No. 7080, as amended by R.A. No. 7659)

Section 1. Definition of Terms. — As used in this Act, the term —

 a) “Public Officer” means any person holding any public office in the Government of the
Republic of the Philippines by virtue of an appointment, election or contract.

b) “Government” includes the National Government, and any of its subdivisions, agencies
or instrumentalities, including government-owned or -controlled corporations and their
subsidiaries.

c) “Person” includes any natural or juridical person, unless the context indicates otherwise.

d) “Ill-gotten wealth” means any asset, property, business enterprise or material possession
of any person within the purview of Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates and/or business associates
by any combination or series of the following means or similar schemes:
1. Through misappropriation, conversion, misuse, or malversation of public funds or
raids on the public treasury;

2. By receiving, directly or indirectly, any commission, gift, share, percentage,

kickbacks or any other form of pecuniary benefit from any person and/or entity in
connection with any government contract or project or by reason of the office or
position of the public officer concerned;

3. By the illegal or fraudulent conveyance or disposition of assets belonging to the

National Government or any of its subdivisions, agencies or instrumentalities or
government-owned or -controlled corporations and their subsidiaries;

4. By obtaining, receiving or accepting directly or indirectly any shares of stock, equity

or any other form of interest or participation including the promise of future
employment in any business enterprise or undertaking;

5. By establishing agricultural, industrial or commercial monopolies or other

combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests; or

6. By taking undue advantage of official position, authority, relationship, connection or

influence to unjustly enrich himself or themselves at the expense and to the damage
and prejudice of the Filipino people and the Republic of the Philippines.

Section 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself
or in connivance with members of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth
through a combination or series of overt criminal acts as described in Section 1 (d) hereof in the
aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty
of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who
participated with the said public officer in the commission of an offense contributing to the crime
of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree
of participation and the attendance of mitigating and extenuating circumstances, as provided by
 the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-
gotten wealth and their interests and other incomes and assets including the properties and shares
of stocks derived from the deposit or investment thereof forfeited in favor of the State.

ELEMENTS OF THE CRIME OF PLUNDER (Joseph Ejercito Estrada v. Sandiganbayan &

People of the Philippines, G.R. No. 148560, November 19, 2001)
1. That the offender is a public officer who acts by himself or in connivance with members
of his family, relatives by affinity or consanguinity, business associates, subordinates or
other persons;
2. That he amassed, accumulated or acquired ill-gotten wealth, as described in Section 1(d),
through a combination or series of the following overt or criminal acts: (a) through
misappropriation, conversion, misuse, or malversation of public funds or raids on the
public treasury; (b) by receiving, directly or indirectly, any commission, gift, share,
percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity
in connection with any government contract or project or by reason of the office or position
of the public officer concerned; (c) by the illegal or fraudulent conveyance or disposition
of assets belonging to the National Government or any of its subdivisions, agencies or
instrumentalities or government-owned or -controlled corporations and their subsidiaries;
(d) by obtaining, receiving or accepting directly or indirectly any shares of stock, equity or
any other form of interest or participation including the promise of future employment in
any business enterprise or undertaking; (e) by establishing agricultural, industrial or
commercial monopolies or other combinations and/or implementation of decrees and
orders intended to benefit particular persons or special interests; or (f) by taking undue
advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense and to the damage and prejudice of the Filipino
people and the Republic of the Philippines.; and,
3. That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or
acquired is at least P50,000,000.00.

ONE CRIME = ONE INFORMATION RULE

➢ An information can only charge one crime of plunder.
○ It bears stressing that the predicate acts merely constitute acts of plunder and are
not crimes separate and independent of the crime of plunder.
➢ The word "series" is synonymous with the clause "on several instances."
○ It refers to a repetition of the same predicate act in any of the items in Section 1(d)
of the law.
➢ The word "combination" contemplates the commission of at least any two different
predicate acts in any of the said items.
➢ It is not necessary to allege in an amended Information a pattern of overt or criminal acts
indicative of the overall unlawful scheme or conspiracy because the law provides that the
same is evidentiary and the general rule is that matters of evidence need not be alleged in
the Information. (Estrada v. Sandiganbayan & People of the Philippines)

NATURE OF THE CRIME OF PLUNDER

➢ Plunder is a malum in se which requires proof of criminal intent.
 ➢ The corpus delicti of plunder is the amassment, accumulation or acquisition of ill-gotten
wealth valued at not less than P50,000,000.00.
○ The failure to establish the corpus delicti should lead to the dismissal of the criminal
prosecution. (Estrada v. Sandiganbayan)

➢ A particular public officer must be identified as the one who amassed, acquired or
accumulated ill-gotten wealth, or be known as the “main plunderer.”
○ Surely, the law requires that there must be a main plunderer and her co-conspirators,
in the criminal charge for plunder against several individuals.
○ The co-conspirators may be:
■ Members of his family:
■ Relatives by affinity or consanguinity;
■ Business associates;
■ Subordinates; or
■ Other persons.
○ It is the duty of the Prosecution to show where the money went, and that the main
plunderer or his co-conspirators had personally benefited from the same. (Gloria
Macapagal-Arroyo vs. People of the Philippines & Sandiganbayan, G.R. No.
220598, July 19, 2016)

TWO TYPES OF CONSPIRACY TO COMMIT PLUNDER

1. Express- exists when there is an actual agreement among all the co-conspirators to commit
the crime; and
2. Implied- when two or more persons are shown to have aimed by their acts towards the
accomplishment of the crime, each doing a part so that their combined acts, though
apparently independent, were in fact connected and cooperative, indicating closeness of
personal association and a concurrence of sentiment. (Macapagal-Arroyo vs. People of the
Philippines & Sandiganbayan)

IMPLIED CONSPIRACY TO COMMIT PLUNDER

● Conspiracy among the accused to commit the crime of Plunder is usually an agreement or
connivance to secretly cooperate in doing a series or combination of acts done over a period
of time.
● Thus, direct proof of any agreement among the accused is unnecessary, and conspiracy
may be implied, even if no actual meeting among them was proven, for as long as there is
proof of intentional participation in the transaction that furthers the common design and
purpose in the amassing, accumulation, and acquisition of ill-gotten wealth. (Janet Lim
Napoles vs. Sandiganbayan, G.R. No. 224162, November 7, 2017)

NOTE:
➢ The gravamen of the conspiracy charge is that each of them, by their individual acts, agreed
to participate, directly or indirectly, in the amassing, accumulation and acquisition of ill-
gotten wealth of and/or for the public officer.
➢ The information shall expressly and sufficiently charge conspiracy to commit plunder
against the accused. (Estrada v. Sandiganbayan)
 I. Anti-Sexual Harassment Act of 1995 (Sec. 3, RA 7877)

Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work,

education or training-related sexual harassment is committed by an employer, employee,
manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any
other person who, having authority, influence or moral ascendancy over another in a work or
training or education environment, demands, requests or otherwise requires any sexual favor
from the other, regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act.

(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms of conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating or classifying the employee which
in any way would discriminate, deprive ordiminish employment opportunities or
otherwise adversely affect said employee;
(2) The above acts would impair the employee's rights or privileges under existing labor
laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for
the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the
offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the
granting of honors and scholarships, or the payment of a stipend, allowance or other
benefits, privileges, or consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment
for the student, trainee or apprentice.

Any person who directs or induces another to commit any act of sexual harassment as herein
defined, or who cooperates in the commission thereof by another without which it would not
have been committed, shall also be held liable under this Act.

SEXUAL HARASSMENT

It is an act or a series of acts involving any unwelcome sexual advance, request or demand for a
sexual favor, or other verbal or physical behavior of a sexual nature, committed by a government
employee or official in a work-related, training- or education- related environment.

WHERE CAN SEXUAL HARASSMENT BE COMMITTED?

1. In the premises of the workplace or office or of the school or training institution;

2. In any place where the parties were found, as a result of work or education or training
responsibilities or relations;

3. At work or education- or training-related social functions;

4. While on official business outside the office or school or training institution or during work or
school or training-related travel;

5. At official conferences, fora, symposia or training sessions; or

6. By telephone, cellular phone, fax machine or electronic mail.

SEXUAL HARASSMENT COMMITTED IN THE EMPLOYMENT OR WORK-

RELATED ENVIRONMENT

1. The submission to or rejection of the act or series of acts is used as basis for any employment
decision (including but not limited to, matters related to hiring, promotion, raises in salary, job
security, benefits and any other personnel action) affecting the applicant/employee; or
2. The act or series of acts have the purpose or effect of interfering with the complainant’s work
performance, or creating an intimidating, hostile or offensive work environment; or
3. The act or series of acts might reasonably be expected to cause discrimination, insecurity,
discomfort, offense or humiliation to a complainant who may be a co-employee, applicant,
customer, or ward of the person complained of.

SEXUAL HARASSMENT COMMITTED IN AN EDUCATION OR TRAINING

ENVIRONMENT

1. The submission to or rejection of the act or series of acts is used as a basis for any decision
affecting the complainant, including, but not limited to, the giving of a grade, the granting of
honors or a scholarship, the payment of a stipend or allowance, or the giving of any benefit,
privilege or consideration; or

2. The act or series of acts have the purpose or effect of interfering with the performance, or
creating an intimidating, hostile or offensive academic environment of the complainant; or

3. The act or series of acts might reasonably be expected to cause discrimination, insecurity,
discomfort, offense or humiliation to a complainant who may be a trainee, apprentice, intern, tutee
or ward of the person complained of.

GOVERNMENT OFFICIAL/EMPLOYEE LIABLE FOR SEXUAL HARASSMENT

1. Directly participates in the execution of any act of sexual harassment as defined by the
Administrative Disciplinary Rules on Sexual Harassment Cases;

2. Induces or directs another or others to commit sexual harassment as defined by these Rules;

3. Cooperates in the commission of sexual harassment by another through an act without which
the sexual harassment would not have been accomplished; or

4. Cooperates in the commission of sexual harassment by another through previous or

simultaneous acts.

FORMS OF SEXUAL HARASSMENT

1. Physical

a. Malicious touching

b. Overt sexual advances

c. Gestures with lewd insinuation

2. Verbal, such as but not limited to, requests or demands for sexual favors, and lurid remarks

3. Use of objects, pictures or graphics, letters or written notes with sexual underpinnings

4. Other forms analogous to the foregoing.

WHEN CAN A COMPLAINT FOR SEXUAL HARASSMENT BE FILED?

Anytime after the commission of alleged act.

PREVENTIVE SUSPENSION

Preventive suspension can be applied upon petition of the complainant or motu propio upon the
recommendation of the CODI after the service of the Formal Charge to the respondent.

The proper disciplining authority may order the preventive suspension during the formal
investigation, if there are reasons to believe that the person complained of is probably guilty of the
charges which would warrant his/her removal from the service.
PURPOSE OF THE PREVENTIVE SUSPENSION

An order of preventive suspension may be issued to temporarily remove the respondent from the
scene of his/her malfeasance or misfeasance and to preclude the possibility of his/her exerting
undue influence or pressure on the witnesses against his/her tampering of documentary evidence
on file with this Office. Preventive suspension for an administrative case shall not be more than
ninety (90) days unless otherwise provided by a special law.

CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT

1. Grave Offenses

a. unwanted touching of private parts of the body (genitalia, buttocks, and breast);

b. sexual assault;

c. malicious touching;

d. requesting for sexual favor in exchange for employment, promotion, local or foreign
travels, favorable working conditions or assignments, a passing grade, the granting of honors or
scholarship, or the grant of benefits or payment of a stipend or allowance; and

e. other analogous cases.

2. Less Grave Offenses

a. unwanted touching or brushing against a victim’s body;

b. pinching not falling under grave offenses;

c. derogatory or degrading remarks or innuendoes directed toward the members of one sex
or one’s sexual orientation or used to describe a person;

d. verbal abuse or threats with sexual overtones; and

e. other analogous cases.

3. Light Offenses

a. surreptitiously looking or stealing a look at a person’s private part or worn

undergarments;

b. telling sexist/smutty jokes or sending these through text, electronic mail or other similar
means, causing embarrassment or offense and carried out after the offender has been advised that
they are offensive or embarrassing or, even without such advise, when they are by their nature
clearly embarrassing, offensive or vulgar;

c. malicious leering or ogling;

 d. the display of sexually offensive pictures, materials or graffiti;

e. unwelcome inquiries or comments about a person’s sex life;

f. unwelcome sexual flirtation, advances, propositions;

g. making offensive hand or body gestures at an employee;

h. persistent unwanted attention with sexual overtones;

i. unwelcome phone calls with sexual overtones causing discomfort, embarrassment,

offense or insult to the receiver; and

j. other analogous cases.

Any person found guilty of sexual harassment shall, after the investigation, be meted the penalty
corresponding to the gravity of the offense.

J. Anti-Torture Act of 2009 (Secs. 3 [a, b], 4, and 5, RA 9745)

Section 3. Definitions. - For purposes of this Act, the following terms shall mean:

(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third person
information or a confession; punishing him/her for an act he/she or a third person has committed
or is suspected of having committed; or intimidating or coercing him/her or a third person; or
for any reason based on discrimination of any kind, when such pain or suffering is inflicted by
or at the instigation of or with the consent or acquiescence of a person in authority or agent of a
person in authority. It does not include pain or Buffering arising only from, inherent in or
incidental to lawful sanctions.

(b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and
aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a
person in authority or agent of a person in authority against a person under his/her custody,
which attains a level of severity causing suffering, gross humiliation or debasement to the latter.

Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited
to, the following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or

agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle
butt or other similar objects, and jumping on the stomach;
 (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on mucous membranes, or acids or spices directly on
the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or
rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear,
tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will
of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental
competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of

a person in authority which are calculated to affect or confuse the mind and/or undermine a
person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other
wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a
detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another,
creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any
third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public
places, shaving the victim's head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her
family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel,
inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment
or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or
agent of a person in authority against another person in custody, which attains a level of severity
sufficient to cause suffering, gross humiliation or debasement to the latter. The assessment of
the level of severity shall depend on all the circumstances of the case, including the duration of
the treatment or punishment, its physical and mental effects and, in some cases, the sex, religion,
age and state of health of the victim.

K. Anti-Trafficking in Persons Act of 2003 (Secs. 3, 4, and 6, RA 9208, as amended by RA

10364

Section 3. Definition of Terms. - As used in this Act:

(a) Trafficking in Persons – refers to the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s
consent or knowledge, within or across national borders by means of threat, or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits
to achieve the consent of a person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale
of organs.
The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the
purpose of exploitation or when the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does not
involve any of the means set forth in the preceding paragraph.

(b) Child – refers to a person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition.

(c) Prostitution – refers to any act, transaction, scheme or design involving the use of a person
by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any
other consideration.

(d) Forced Labor – refers to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of, force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-bondage or deception including any work
or service extracted from any person under the menace of penalty.

(e) Slavery – refers to the status or condition of a person over whom any or all of the powers
attaching to the right of ownership are exercised.
(f) Involuntary Servitude – refers to a condition of enforced and compulsory service induced by
means of any scheme, plan or pattern, intended to cause a person to believe that if he or she did
not enter into or continue in such condition, he or she or another person would suffer serious
harm or other forms of abuse or physical restraint, or threat of abuse or harm, or coercion
including depriving access to travel documents and withholding salaries, or the abuse or
threatened abuse of the legal process.

(g) Sex Tourism – refers to a program organized by travel and tourism-related establishments
and individuals which consists of tourism packages or activities, utilizing and offering escort
and sexual services as enticement for tourists. This includes sexual services and practices offered
during rest and recreation periods for members of the military.

(h) Sexual Exploitation – refers to participation by a person in prostitution, pornography or the

production of pornography, in exchange for money, profit or any other consideration or where
the participation is caused or facilitated by any means of intimidation or threat, use of force, or
other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or of position
or of legal process, taking advantage of the vulnerability of the person, or giving or receiving of
payments or benefits to achieve the consent of a person having control over another person; or
in sexual intercourse or lascivious conduct caused or facilitated by any means as provided in this
Act.

(i) Debt Bondage – refers to the pledging by the debtor of his/her personal services or labor or
those of a person under his/her control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of the services as reasonably assessed
is not applied toward the liquidation of the debt.

(j) Pornography – refers to any representation, through publication, exhibition, cinematography,

indecent shows, information technology, or by whatever means, of a person engaged in real or
simulated explicit sexual activities or any representation of the sexual parts of a person for
primarily sexual purposes.

(k) Council – shall mean the Inter-Agency Council Against Trafficking created under Section
20 of this Act.

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:

(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or receive a
person by any means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution, pornography, or sexual
exploitation;

(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her
to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation,
forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities
for the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt persons by any form of consideration for exploitative purposes or to facilitate the
same for purposes of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

(g) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(h) To recruit, hire, adopt, transport, transfer, obtain, harbor, maintain, provide, offer, receive or
abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale of organs of said person;

(i) To recruit, transport, obtain, transfer, harbor, maintain, offer, hire, provide, receive or adopt
a child to engage in armed activities in the Philippines or abroad;

(j) To recruit, transport, transfer, harbor, obtain, maintain, offer, hire, provide or receive a person
by means defined in Section 3 of this Act for purposes of forced labor, slavery, debt bondage
and involuntary servitude, including a scheme, plan, or pattern intended to cause the person
either:
(1) To believe that if the person did not perform such labor or services, he or she or another
person would suffer serious harm or physical restraint; or
(2) To abuse or threaten the use of law or the legal processes; and

(k) To recruit, transport, harbor, obtain, transfer, maintain, hire, offer, provide, adopt or receive
a child for purposes of exploitation or trading them, including but not limited to, the act of baring
and/or selling a child for any consideration or for barter for purposes of exploitation. Trafficking
for purposes of exploitation of children shall include:
(1) All forms of slavery or practices similar to slavery, involuntary servitude, debt
bondage and forced labor, including recruitment of children for use in armed conflict;
(2) The use, procuring or offering of a child for prostitution, for the production of
pornography, or for pornographic performances;
(3) The use, procuring or offering of a child for the production and trafficking of drugs;
and
(4) The use, procuring or offering of a child for illegal activities or work which, by its
nature or the circumstances in which it is carried out, is likely to harm their health, safety or
 morals; and

(l) To organize or direct other persons to commit the offenses defined as acts of trafficking under
this Act."
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified
trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as
the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against three
(3) or more persons, individually or as a group;

(d) When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a public
officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of
the military or law enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS);

(h) When the offender commits one or more violations of Section 4 over a period of sixty
(60) or more days, whether those days are continuous or not; and

(i) When the offender directs or through another manages the trafficking victim in
carrying out the exploitative purpose of trafficking.

Elements of Trafficking in Persons:

(1) The act of "recruitment, transportation, transfer or harbouring, or receipt of persons with or
without the victim's consent or knowledge, within or across national borders";

(2) The means used which include "threat or use of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person,
or, the giving or receiving of payments or benefits to achieve the consent of a person having control
over another"; and

(3) The purpose of trafficking is exploitation which includes "exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the
removal or sale of organs." (People vs. Rodriguez, G.R. No. 223528, January 11, 2017)

Note: Knowledge or consent of the minor is not a defense under Republic Act No. 9208. The
victim’s consent is rendered meaningless due to the coercive, abusive, or deceptive means
employed by perpetrators of human trafficking. Even without the use of coercive, abusive, or
deceptive means, a minor’s consent is not given out of his or her own free will.(People vs. Casio,
G.R. No. 211465, December 3, 2014)

L. Anti-Violence against Women and their Children Act of 2004 (Secs. 3, 5, and 26, RA
9262)

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed
by any person against a woman who is his wife, former wife, or against a woman with whom
the person has or had a sexual or dating relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or
her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the
victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat
of force, physical or other harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity.
It includes causing or allowing the victim to witness the physical, sexual or psychological abuse
of a member of the family to which the victim belongs, or to witness pornography in any form
or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
and/or visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling the conjugal money or
properties.
(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting
to the physical and psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative
abuse.
(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without
lawful justification follows the woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife
without the benefit of marriage or are romantically involved over time and on a continuing basis
during the course of the relationship. A casual acquaintance or ordinary socialization between
two individuals in a business or social context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of
a common child.
(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place
the resident of which is willing temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.
SECTION 5. Acts of Violence Against Women and Their Children. - The crime of violence
against women and their children is committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or restricting the woman's or her child's
freedom of movement or conduct by force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman or child. This shall include,
but not limited to, the following acts committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his
family;
(2) Depriving or threatening to deprive the woman or her children of financial support legally
due her or her family, or deliberately providing the woman's children insufficient financial
support;
 (3) Depriving or threatening to deprive the woman or her child of a legal right;
(4) Preventing the woman in engaging in any legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal
or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which
does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child; and
(5) Engaging in any form of harassment or violence;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's child/children

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by
the courts to be suffering from battered woman syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of the elements for justifying circumstances of self-
defense under the Revised Penal Code.
In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists.

Violence against Women and Their Children

Any act or a series of acts committed by any person against a woman who is his wife, former wife,
or with whom the person has or had a sexual or dating relationship, or with whom he has a common
child, or against her child whether legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty.

It includes but is not limited to (1) physical violence, (2) sexual violence, (3) psychological
violence, and (4) economic abuse.

1. Physical Violence
Acts that include bodily or physical harm;
2. Sexual Violence
It refers to an act which is sexual in nature, committed against a woman or her child. It includes,
but is not limited to:
(a) Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a
sex object, making demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the abuser;
(b) Acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion;
(c) Prostituting the woman or child.
(d) Psychological Violence
Acts or omissions causing or likely to cause mental or emotional suffering of the victim
such as but not limited to intimidation, harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and mental infidelity.
It includes causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim belongs, or to
witness pornography in any form or to witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or visitation of common children.
(e) Economic Abuse
It refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following –

(a) Withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation, business or activity, except in cases wherein
the other spouse/partner objects on valid, serious and moral grounds as defined
in Article 73 of the Family Code;
(b) Deprivation or threat of deprivation of financial resources and the right to the
use and enjoyment of the conjugal, community or property owned in common;
(c) Destroying household property; and
(d) Controlling the victims' own money or properties or solely controlling the
conjugal money or properties.

Punishable Acts of Violence

Under Section 5, the crime of violence against women and their children is committed through any
of the following acts:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
5. Attempting to compel or compelling the woman or her child to engage in
conduct which the woman or her child has the right to desist from or desist
from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force, physical or other harm or
 threat of physical or other harm, or intimidation directed against the woman
or child. This shall include, but not limited to, the following acts committed
with the purpose or effect of controlling or restricting the woman's or her
child's movement or conduct –
(a) Threatening to deprive or actually depriving the woman or her child of
custody to her/his family;
(b) Depriving or threatening to deprive the woman or her children of
financial support legally due her or her family, or deliberately providing
the woman's children insufficient financial support;
(c) Depriving or threatening to deprive the woman or her child of a legal
right;
(d) Preventing the woman in engaging in any legitimate profession,
occupation, business or activity or controlling the victim's own money
or properties, or solely controlling the conjugal or common money, or
properties;

6. Inflicting or threatening to inflict physical harm on oneself for the purpose

of controlling her actions or decisions;

7. Causing or attempting to cause the woman or her child to engage in any

sexual activity which does not constitute rape, by force or threat of force,
physical harm, or through intimidation directed against the woman or her
child or her/his immediate family;

8. Engaging in purposeful, knowing, or reckless conduct, personally or

through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include, but not
be limited to, the following acts:
(a) Stalking or following the woman or her child in public or private
places;
(b) Peering in the window or lingering outside the residence of the
woman or her child;
(c) Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
(d) Destroying the property and personal belongings or inflicting harm
to animals or pets of the woman or her child; and
(e) Engaging in any form of harassment or violence; and

(f) Causing mental or emotional anguish, public ridicule or humiliation

to the woman or her child, including, but not limited to, repeated
verbal and emotional abuse, and denial of financial support or
custody of minor children of access to the woman's child/children.

Battered Woman
It is a woman who is repeatedly subjected to any forceful physical or psychological behavior by a
man in order to coerce her to do something he wants her to do without concern for her rights.
Battered women include wives or women in any form of intimate relationship with men (People
vs. Genosa; January 15, 2004).

Cycle of Violence
The battered woman syndrome is characterized by the so-called "cycle of violence,” which has
three (3) phases:
(a) The tension-building phase;
(b) The acute battering incident; and
(c) The tranquil, loving (or, at least, nonviolent) phase.

“BWS” as a Defense
Victim-survivors who are found by the courts to be suffering from Battered Woman Syndrome do
NOT incur any criminal and civil liability notwithstanding the absence of any of the elements for
the justifying circumstances of self-defense under the RPC (Section 26).
NOTE: Existence of BWS in a relationship does NOT in itself establish the legal right of a woman
to kill her abusive partner.

Together, the following circumstances could satisfy the requisites of self-defense:

1. Each of the phases of the cycle of violence must be proven to have characterized at least
two (2) battering episodes between the appellant and her intimate partner.
2. The final acute battering episode preceding the killing of the batterer must have produced
in the battered person's mind an actual fear of an imminent harm from her batterer and an
honest belief that she needed to use force in order to save her life.
3. At the time of the killing, the batterer must have posed probable – not necessarily
immediate and actual – grave harm to the accused, based on the history of violence
perpetrated by the former against the latter. (People vs. Genosa; January 15, 2004)

Venue
General Rule: RTC designated as Family Court has original and exclusive jurisdiction.
Exception: In the absence of such court, the case shall be filed in the RTC where the crime or any
of its elements was committed at the option of the compliant. (Section 7).

Protection Order
It is an order issued for the purpose of preventing further acts of violence against a woman or her
child and granting other necessary relief. The reliefs granted under a protection order serve the
purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's
daily life, and facilitating the opportunity and ability of the victim to independently regain control
over her life (Section 8).

Protection Orders Issued under R.A. 9262:

1. Barangay Protection Order (BPO)
It refers to the protection order issued by the Punong Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a) and (b), R.A. 9262.
It is issued to the applicant on the date of filing after ex parte determination of the basis of the
application.
BPOs shall be effective for 15 days.
2. Temporary Protection Order (TPO)
It refers to the protection order issued by the court on the date of filing of the application after ex
parte determination that such order should be issued.
It shall be effective for 30 days.
NOTE: The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the
expiration of the TPO.
3. Permanent Protection Order (PPO)
It refers to protection order issued by the court after notice and hearing.
It shall be effective until revoked by a court upon application of the person in whose favor the
order was issued.

M. Bouncing Checks Law (Sec. 1, BP 22)

Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any
check to apply on account or for value, knowing at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for the payment of such check in full upon its
presentment, which check is subsequently dishonored by the drawee bank for insufficiency of
funds or credit or would have been dishonored for the same reason had not the drawer, without
any valid reason, ordered the bank to stop payment, shall be punished by imprisonment of not
less than thirty days but not more than one (1) year or by a fine of not less than but not more
than double the amount of the check which fine shall in no case exceed Two Hundred Thousand
Pesos, or both such fine and imprisonment at the discretion of the court.

The same penalty shall be imposed upon any person who, having sufficient funds in or credit
with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient
funds or to maintain a credit to cover the full amount of the check if presented within a period
of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the
drawee bank.

Where the check is drawn by a corporation, company or entity, the person or persons who
actually signed the check in behalf of such drawer shall be liable under this Act.

Punishable Acts:

Making or drawing and issuing a check knowing at the time of issue that he does not have sufficient
funds.

Elements:
1. A person draws a check.
2. The check is made or drawn and issued to apply on account or for value.
 3. The person knows that at the time of issue he does not have sufficient funds in or credit
with the drawee bank for the payment of such check upon its presentment.
4. The check is subsequently dishonored by the drawee bank for insufficiency of funds or
credit, or would have been dishonored for the same reason had not the drawer, without any
valid reason, ordered the bank to stop payment.

NOTE: Check may be made or drawn and issued –

1. To apply on account: Hence, the accused will be liable for the dishonor of the check even
if it was issued in payment of a pre-existing legal obligation as he issued that check “to
apply on account.
2. For value.
Failing to keep sufficient funds to cover check if presented within a period of 90 days from
the date appearing thereon.

Elements:
1. A person has sufficient funds with the drawee bank when he makes or issues a check
2. He fails to keep sufficient funds or to maintain a credit to cover the full amount if presented
within a period of 90 days from the date of appearing thereon.
3. The check is dishonored.

NOTES:
1. The gravamen of B.P. 22 is the issuance of a bum check, not the nonpayment of the
obligation.
2. Lack of written notice of dishonor is fatal. A mere oral notice or demand to pay would
appear to be insufficient for conviction. (Domagsang vs. Court of Appeals; December 5,
2000)
3. Notice of dishonor to the corporation is NOT notice to officer who issued the check.
(Marigumen v. People, May 26, 2005)
“Presumption of Knowledge”

The making or drawing and issuance of a check payment of which is refused by the drawee bank
because of insufficient funds in or credit with such bank, when presented within 90 days from the
date of the check, shall be prima facie knowledge of such insufficiency of funds. (Section 2, B.P.
22).

Exceptions to the “Presumption”

1. When the check is presented after 90 days from the date of the check;
2. When the drawer or maker pays the holder the amount due thereon within five (5) banking
days after receipt of notice that the check was dishonored;
3. When the drawer makes arrangements for the payment thereof by the drawee, within five
(5) banking days after receipt of notice that the check was dishonored;
4. When notice of non-payment by the drawee bank is not sent to the maker or drawer of the
check, or if there is no proof as to when such notice was received by the drawer, since there
would be no way of reckoning the crucial 5-day period (Danao vs. Court of Appeals; June
6, 2001).
Under SC Administrative Circular 12-2000, where the circumstances of both the offense and the
offender clearly indicate good faith or a clear mistake of fact without taint of intelligence, the
imposition of fine alone should be considered as the more appropriate penalty.

NOTES: It merely lays down a rule of preference in the application of the penalties provided for
in B.P. 22. The circular does NOT delete the penalty of imprisonment, for should the judge decide
that imprisonment is the more appropriate penalty, the circular ought not to be a hindrance (as
clarified by SC Administrative Circular No. 13-2001).

Prosecution under B.P. 22 shall be without prejudice to any liability for any violation of the RPC.

The fine under B.P. 22 is based on the amount of the check and is without regard to the amount of
damage caused.

Double jeopardy does NOT apply because RPC is a distinct crime from B.P. 22. Deceit and
damage are essential elements of RPC, which are not required in B.P. 22. (Nierras vs. Dacuycuy,
1990)

The element of damage or prejudice capable of pecuniary estimation may consist in:

1. The offended party being deprived of his money or property, as result of the fraud;
2. Disturbance in property right; or
3. Temporary prejudice.

N. Comprehensive Dangerous Drugs Act of 2002 (Secs. 5, 11, 15, and 21, RA 9165 as
amended by RA 10640)

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
- The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute dispatch in transit or transport any dangerous drug, including any and all species of
opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of
such transactions.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit
or transport any controlled precursor and essential chemical, or shall act as a broker in such
transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any

dangerous drug and/or controlled precursor and essential chemical transpires within one hundred
(100) meters from the school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a

dangerous drug and/or a controlled precursor and essential chemical involved in any offense
herein provided be the proximate cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.

Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements, as determined and promulgated by the Board in accordance to Section
93, Article XI of this Act.

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to
Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride
or "shabu" is ten (10) grams or more but less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging
from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten
(10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such
as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives, without having any therapeutic value
or if the quantity possessed is far beyond therapeutic requirements; or three hundred (300) grams
or more but less than five (hundred) 500) grams of marijuana; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited
to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of
marijuana.

Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a
minimum of six (6) months rehabilitation in a government center for the first offense, subject to
the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the
second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one
(1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two
hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable
where the person tested is also found to have in his/her possession such quantity of any
dangerous drug provided for under Section 11 of this Act, in which case the provisions stated
therein shall apply.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and
have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment
shall, immediately after seizure and confiscation, conduct a physical inventory of the seized
items and photograph the same in the presence of the accused or the person/s from whom such
items were confiscated and/or seized, or his/her representative or counsel, with an elected public
official and a representative of the National Prosecution Service or the media who shall be
required to sign the copies of the inventory and be given a copy thereof: Provided, That the
physical inventory and photograph shall be conducted at the place where the search warrant is
served; or at the nearest police station or at the nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless seizures: Provided, finally, That noncompliance
of these requirements under justifiable grounds, as long as the integrity and the evidentiary value
of the seized items are properly preserved by the apprehending officer/team, shall not render
void and invalid such seizures and custody over said items.

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and quantitative examination;

(3) A certification of the forensic laboratory examination results, which shall be done by the
forensic laboratory examiner, shall be issued immediately upon the receipt of the subject item/s:
Provided, That when the volume of dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the completion of testing within
the time frame, a partial laboratory examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be examined by the forensic laboratory:
Provided, however, That a final certification shall be issued immediately upon completion of the
said examination and certification;

(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct
an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources
of dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the
presence of the accused or the person/s from whom such items were confiscated and/or seized,
or his/her representative or counsel, a representative from the media and the DOJ, civil society
groups and any elected public official. The Board shall draw up the guidelines on the manner of
proper disposition and destruction of such item/s which shall be borne by the offender: Provided,
That those item/s of lawful commerce, as determined by the Board, shall be donated, used or
recycled for legitimate purposes: Provided, further, That a representative sample, duly weighed
and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the
subject item/s which, together with the representative sample/s in the custody of the PDEA, shall
be submitted to the court having jurisdiction over the case. In all instances, the representative
sample/s shall be kept to a minimum quantity as determined by the Board;

(6) 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. In case the said offender or accused refuses or fails to appoint a representative after due
notice in writing to the accused or his/her counsel within seventy-two (72) hours before the
actual burning or destruction of the evidence in question, the Secretary of Justice shall appoint
a member of the public attorney's office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the representative sample/s
 was presented as evidence in court, the trial prosecutor shall inform the Board of the final
termination of the case and, in turn, shall request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition and destruction within twenty-four
(24) hours from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement agencies
shall, with leave of court, be burned or destroyed, in the presence of representatives of the Court,
DOJ, Department of Health (DOH) and the accused/and or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under this Section shall be implemented by the
DOH.

1. Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
(Section 5)

a. Any person, who, unless authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute dispatch in transit or transport any dangerous drug,
including any and all species of opium poppy regardless of the quantity and purity
involved, or shall act as a broker in any of such transactions. Penalty: Life imprisonment
to death and a fine ranging from P500,000 to P10 Million;
b. Any person, who, unless authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute, dispatch in transit or transport any controlled
precursor and essential chemical, or shall act as a broker in such transactions. Penalty: 12
years and 1 day to 20 years and a fine ranging from P100,000.00- P500,000.00;
c. Any person, who acts as a "protector/coddler" of any violator of the provisions
under this Section. Penalty: 12 years and 1 day to 20 years and a fine ranging from
P100,000 to P500,000

Maximum Penalty shall be imposed upon the following:

1. If the sale, trading, administration, dispensation, delivery,
distribution or transportation of any dangerous drug and/or controlled
precursor and essential chemical transpires within one hundred (100) meters
from the school.
2. For drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messengers, or in any other capacity
directly connected to the dangerous drugs and/or controlled precursors and
essential chemical trade.
3. If the victim of the offense is a minor or a mentally incapacitated
individual, or should a dangerous drug and/or a controlled precursor and
essential chemical involved in any offense herein provided be the proximate
cause of death of a victim thereof.
4. Upon any person who organizes, manages or acts as a "financier" of
any of the illegal activities prescribed in this Section.
2. Possession of Dangerous Drugs (Section 11)

a. Any person, who, unless authorized by law, shall possess any dangerous drug in
the following quantities, regardless of the degree of purity thereof:
i. 10 grams or more of opium
ii. 10 grams or more of morphine
iii. 10 grams or more of heroin
iv. 10 grams or more of cocaine or cocaine hydrochloride
v. 50 grams or more of methamphetamine hydrochloride or “shabu”
vi. 10 grams or more of marijuana resin or marijuana resin oil
vii. 500 grams or more of marijuana
viii. 10 grams or more of other dangerous drugs
Penalty: Life imprisonment to death and a fine ranging from P500,000 to P10 Million

b. Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:
i. Life imprisonment and a fine ranging from P400,000 to P500,000, if the
quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams
or more but less than fifty (50) grams
ii. Imprisonment of 20 years and 1 day to life imprisonment and a fine
ranging from P400,000 to P500,000, if the quantities of dangerous drugs are
five (5) grams or more but less than ten (10) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD,
GHB, and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or 300 grams or more but
less than 500 grams of marijuana
iii. Imprisonment of 12 years and 1 day to 20 years and a fine ranging from
P300,000 to P400,000, if the quantities of dangerous drugs are less than five
(5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value
or if the quantity possessed is far beyond therapeutic requirements; or less
than 300 grams of marijuana

3. Use of Dangerous Drugs (Section 15)

a. A person apprehended or arrested, who is found to be positive for use of any

dangerous drug, after a confirmatory test,
Penalty: A minimum of 6 months rehabilitation in a government center for the first
offense
 b. If apprehended using any dangerous drug act for the second time
Penalty: Imprisonment of 6 years and 1 day to 12 years and a fine ranging from
P50,000 to P200,000.

Note: This Section shall not be applicable where the person tested is also found to have
in his/her possession such quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.

4. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,

Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment (Section 21)

1. The apprehending team having initial custody and control of the dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory
equipment shall, immediately after seizure and confiscation, conduct a physical inventory
of the seized items and photograph the same in the presence of the accused or the person/s
from whom such items were confiscated and/or seized, or his/her representative or counsel,
with an elected public official and a representative of the National Prosecution Service or
the media who shall be required to sign the copies of the inventory and be given a copy
thereof:

The physical inventory and photograph shall be conducted at the place where the search
warrant is served; or at the nearest police station or at the nearest office of the apprehending
officer/team, whichever is practicable, in case of warrantless seizures:

Note: Noncompliance of these requirements under justifiable grounds, as long as the integrity and
the evidentiary value of the seized items are properly preserved by the apprehending officer/team,
shall not render void and invalid such seizures and custody over said items.

2. Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant

sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and quantitative examination;

3. A certification of the forensic laboratory examination results, which shall be done

by the forensic laboratory examiner, shall be issued immediately upon the receipt of the
subject item/s: Provided, That when the volume of dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial laboratory examination report shall
be provisionally issued stating therein the quantities of dangerous drugs still to be examined
by the forensic laboratory. A final certification shall be issued immediately upon
completion of the said examination and certification.

4. After the filing of the criminal case, the Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs,
 plant sources of dangerous drugs, and controlled precursors and essential chemicals,
including the instruments/paraphernalia and/or laboratory equipment, and through the
PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or
burning of the same, in the presence of the accused or the person/s from whom such items
were confiscated and/or seized, or his/her representative or counsel, a representative from
the media and the DOJ, civil society groups and any elected public official.
The Board shall draw up the guidelines on the manner of proper disposition and
destruction of such item/s which shall be borne by the offender: Provided, That those item/s
of lawful commerce, as determined by the Board, shall be donated, used or recycled for
legitimate purposes: Provided, further, That a representative sample, duly weighed and
recorded is retained.

5. The Board shall then issue a sworn certification as to the fact of destruction or
burning of the subject item/s which, together with the representative sample/s in the
custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In
all instances, the representative sample/s shall be kept to a minimum quantity as determined
by the Board.

6. 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. In case the said offender or accused refuses or fails to appoint a
representative after due notice in writing to the accused or his/her counsel within seventy-
two (72) hours before the actual burning or destruction of the evidence in question, the
Secretary of Justice shall appoint a member of the public attorney's office to represent the
former.

7. After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial prosecutor shall inform
the Board of the final termination of the case and, in turn, shall request the court for leave
to turn over the said representative sample/s to the PDEA for proper disposition and
destruction within twenty-four (24) hours from receipt of the same.

O. Comprehensive Firearms and Ammunition Regulation Act (Secs. 28 and 29, RA 10591)

Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The unlawful
acquisition, possession of firearms and ammunition shall be penalized as follows:

(a) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a small arm;

(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more
small arms or Class-A light weapons are unlawfully acquired or possessed by any person;

(c) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a Class-A light weapon;

(d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;

(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this section
shall be imposed upon any person who shall unlawfully possess any firearm under any or
combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target
such as thermal weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.

(f) The penalty of prision mayor in its minimum period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a small arm, the former violation shall be absorbed by the latter;

(h) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-A light weapon;

(i) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of
this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a Class-A light weapon, the former violation shall be absorbed by the latter;

(j) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-B light weapon; and

(k) The penalty of prision mayor in its maximum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of
this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a Class-B light weapon, the former violation shall be absorbed by the latter.

Section 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm,
when inherent in the commission of a crime punishable under the Revised Penal Code or other
special laws, shall be considered as an aggravating circumstance: Provided, That if the crime
committed with the use of a loose firearm is penalized by the law with a maximum penalty which
is lower than that prescribed in the preceding section for illegal possession of firearm, the penalty
for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged:
Provided, further, That if the crime committed with the use of a loose firearm is penalized by
the law with a maximum penalty which is equal to that imposed under the preceding section for
 illegal possession of firearms, the penalty of prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime punishable under the Revised Penal Code or
other special laws of which he/she is found guilty.

If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of
rebellion of insurrection, or attempted coup d’ etat, such violation shall be absorbed as an
element of the crime of rebellion or insurrection, or attempted coup d’ etat.

If the crime is committed by the person without using the loose firearm, the violation of this Act
shall be considered as a distinct and separate offense.

Unlawful Acquisition, or Possession of Firearms and Ammunition (Section 28)

For small arm - prision mayor in its medium period

● For major part of a small arm - prision mayor in its minimum period
● For ammunition for a small arm or Class-A light weapon - prision mayor in its minimum
period. If it is committed by the same person charged with the unlawful acquisition or
possession of a small arm, the former violation shall be absorbed by the latter

For Class-A light weapon - prision mayor in its maximum period

● For major part of a Class-A light weapon - prision mayor in its medium period
● For ammunition for a Class-A light weapon - prision mayor in its medium period. If it is
committed by the same person charged with the unlawful acquisition or possession of a
Class-A light weapon, the former violation shall be absorbed by the latter

For Class-B light weapon - reclusion perpetua

● For major part of a Class-B light weapon - prision mayor in its maximum period
● For ammunition for a Class-B light weapon - prision mayor in its maximum period. If it
is committed by the same person charged with the unlawful acquisition or possession of a
Class-B light weapon, the former violation shall be absorbed by the latter

If three (3) or more small arms or Class-A light weapons - reclusion temporal to reclusion
perpetua

For Unlawful possession of any firearm under any or combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as
thermal weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.
Penalty - one (1) degree higher than that provided

Use of Loose Firearm in the Commission of a Crime (Section 29)

The use of a loose firearm, when inherent in the commission of a crime punishable under the
Revised Penal Code or other special laws, shall be considered as an aggravating circumstance.

If the crime committed is penalized by the law with a maximum penalty which is lower than
that prescribed in the preceding section for illegal possession - penalty for illegal possession
of firearm shall be imposed in lieu of the penalty for the crime charged.

If the crime committed is penalized by the law with a maximum penalty which is equal to that
imposed under the preceding section for illegal possession - prision mayor in its minimum
period shall be imposed in addition to the penalty for the crime punishable under the Revised
Penal Code or other special laws of which he/she is found guilty.

If the violation of this Act is in furtherance of, or incident to, or in connection with the crime
of rebellion of insurrection, or attempted coup d’ etat - violation shall be absorbed.

If the crime is committed by the person without using the loose firearm - the violation of this
Act shall be considered as a distinct and separate offense.

P. Cybercrime Prevention Act of 2012 (Secs. 4 to 6, R.A. No. 10175)

CHAPTER II
PUNISHABLE ACTS
Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime
punishable under this Act:
a) Offenses against the confidentiality, integrity and availability of computer data and systems:
1) Illegal Access. – The access to the whole or any part of a computer system without right.

2) Illegal Interception. – The interception made by technical means without right of any
non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
data.

3) Data Interference. — The intentional or reckless alteration, damaging, deletion or

deterioration of computer data, electronic document, or electronic data message, without
right, including the introduction or transmission of viruses.

4) System Interference. — The intentional alteration or reckless hindering or interference

with the functioning of a computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or authority, including the
introduction or transmission of viruses.

5) Misuse of Devices.
i) The use, production, sale, procurement, importation, distribution, or otherwise
making available, without right, of:
 (aa) A device, including a computer program, designed or adapted primarily for the
purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any
part of a computer system is capable of being accessed with intent that it be
used for the purpose of committing any of the offenses under this Act.
ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent
to use said devices for the purpose of committing any of the offenses under this
section.

6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive others from registering the same, if such
a domain name is:
i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:
ii) Identical or in any way similar with the name of a person other than the registrant, in
case of a personal name; and
iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

1) Computer-related Forgery. —
i) The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal purposes
as if it were authentic, regardless whether or not the data is directly readable and
intelligible; or
ii) The act of knowingly using computer data which is the product of computer-related
forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest
design.

2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer

data or program or interference in the functioning of a computer system, causing damage
thereby with fraudulent intent: Provided, That if no damage has yet been caused, the
penalty imposable shall be one (1) degree lower.
3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid
of a computer system, for favor or consideration.

2) Child Pornography. — The unlawful or prohibited acts defined and punishable by

Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through
a computer system: Provided, That the penalty to be imposed shall be (1) one degree
higher than that provided for in Republic Act No. 9775.
 3) Unsolicited Commercial Communications. — The transmission of commercial
electronic communication with the use of computer system which seek to advertise, sell,
or offer for sale products and services are prohibited unless:
i) There is prior affirmative consent from the recipient; or
ii) The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or
iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable
way for the recipient to reject. receipt of further commercial electronic
messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely disguise the
source of the electronic message; and
(cc) The commercial electronic communication does not purposely include
misleading information in any part of the message in order to induce the
recipients to read the message.

4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a computer system or any other similar
means which may be devised in the future.

Section 5. Other Offenses. — The following acts shall also constitute an offense:
a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets
or aids in the commission of any of the offenses enumerated in this Act shall be held
liable.

b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to

commit any of the offenses enumerated in this Act shall be held liable.

Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special
laws, if committed by, through and with the use of information and communications
technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty
to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code,
as amended, and special laws, as the case may be.
*No decided case yet as to the elements of each offenses.
In the case of Disini, Jr., et al v. Sec. of Justice, et al. (G.R. No. 203335, February 18, 2014), the
constitutionality of several provisions in the Cybercrime Prevention Act were challenged:
a. Sec. 4(a)(1) on Illegal Access
➢ It was challenged that it failed to meet the strict scrutiny standard.
○ The standard is used to determine the constitutionality of laws that tend to target a
class of things or persons.
○ According to this standard, a legislative classification that impermissibly interferes
with the exercise of fundamental right or operates to the peculiar class disadvantage
of a suspect class is presumed unconstitutional.
➢ The Court ruled that nothing in Section 4(a)(1) that calls for the application of the strict
scrutiny standard since no fundamental freedom, like speech, is involved in punishing what
 is essentially a condemnable act - accessing the computer system of another without right.
It is a universally condemned conduct.
➢ “GET OUT OF JAIL FREE CARD”
○ A client’s engagement of an ethical hacker requires an agreement between them as
to the extent of the search, the methods to be used, and the systems to be tested.
○ Ethical hackers evaluate the target system’s security and report back to the owners
the vulnerabilities they found in it and give instructions for how these can be
remedied. Ethical hackers are the equivalent of independent auditors who come into
an organization to verify its bookkeeping records

b. Section 4(a)(3) on Data Interference

➢ It was challenged that it suffers from overbreadth in that, while it seeks to discourage data
interference, it intrudes into the area of protected speech and expression, creating a chilling
and deterrent effect on these guaranteed freedoms.
○ The overbreadth doctrine provides that a proper governmental purpose,
constitutionally subject to state regulation, may not be achieved by means that
unnecessarily sweep its subject broadly, thereby invading the area of protected
freedoms.
➢ The Supreme Court has ruled that the subject section does not encroach on these freedoms
at all.
○ It simply punishes what essentially is a form of vandalism, the act of willfully
destroying without right the things that belong to others, in this case their computer
data, electronic document, or electronic data message.
○ Such act has no connection to guaranteed freedoms. There is no freedom to destroy
other people’s computer systems and private documents.
➢ The Supreme Court further ruled that the law has an inherent chilling effect, an in terrorem
effect, or the fear of possible prosecution that hangs on the heads of citizens who are
minded to step beyond the boundaries of what is proper.
○ The alleged chilling effect of the law which results in paralysis is an illusion since
Section 4(a)(3) clearly describes the evil that it seeks to punish and creates no
tendency to intimidate the free exercise of one’s constitutional rights.

c. Section 4(a)(6) on Cyber-squatting

➢ It was challenged that it violates the equal protection clause in that, not being narrowly
tailored, it will cause a user using his real name to suffer the same fate as those who use
aliases or take the name of another in satire, parody, or any other literary device.
➢ The Supreme Court has ruled that it is the evil purpose for which he uses the name that the
law condemns, and not the actual use of the names or aliases.
○ It held that the law is reasonable in penalizing him for acquiring the domain name
in bad faith to profit, mislead, destroy reputation, or deprive others who are not ill-
motivated of the rightful opportunity of registering the same.

d. Section 4(b)(3) on Identity Theft

➢ It was challenged that it violates the constitutional rights to due process and to privacy and
correspondence, and transgresses the freedom of the press.
AS TO VIOLATION OF RIGHT TO PRIVACY:
 ○ The right to privacy or right to be let alone exists independently of its identification
with liberty; it is in itself fully deserving of constitutional protection.
○ Two constitutional guarantees create these zones of privacy: (a) the right against
unreasonable searches and seizures, which is the basis of the right to be let alone,
and (b) the right to privacy of communication and correspondence.
➢ The Supreme Court ruled that the law punishes those who acquire or use such identifying
information without right, implicitly to cause damage.
○ The usual identifying information regarding a person includes his name, his
citizenship, his residence address, his contact number, his place and date of birth,
the name of his spouse if any, his occupation, and similar data.
○ What this section regulates are specific actions: the acquisition, use, misuse or
deletion of personal identifying data of another. There is no fundamental right to
acquire another’s personal data.
AS TO VIOLATION OF FREEDOM OF THE PRESS:
➢ The press, whether in quest of news reporting or social investigation, has nothing to fear
since the press does not have the same kind of “intent to gain” as that of the intent punished
under the law, i.e. furtive taking of useful property (identity) pertaining to another and
which is intended for an illegitimate purpose.

e. Section 4(c)(1) on Cybersex

➢ It was challenged that it violates the freedom of expression clause of the Constitution as it
intrudes private communications of sexual character between consenting adults.
➢ The Supreme Court ruled that it does not violate such provision as it applies only to persons
engaged in the business of maintaining, controlling, or operating, directly or indirectly, the
lascivious exhibition of sexual organs or sexual activity with the aid of a computer system
as Congress has intended.

f. Section 4(c)(2) on Child Pornography

➢ The Supreme Court ruled that this provision merely expanded the scope of Anti-Child
Pornography Act of 2009 to cover identical activities in cyberspace.

g. Section 4(c)(3) on Unsolicited Commercial Communications

➢ It was challenged that the provision penalizes the transmission of unsolicited commercial
communications, also known as “spam” or one who repeats the same sentence or comment.
○ It was alleged that transmitting spams amounts to trespass to one’s privacy since
the person sending out spams enters the recipient’s domain without prior
permission.
➢ The Supreme Court ruled that unsolicited advertisements or “spams” are legitimate forms
of expression.
○ To prohibit the transmission of unsolicited ads would deny a person the right to
read his emails, even unsolicited commercial ads addressed to him as their
recipients always have the option to delete or not to read them.
○ Commercial speech is a separate category of speech which is not accorded the same
level of protection as that given to other constitutionally guaranteed forms of
expression but is nonetheless entitled to protection.
 ○ The State cannot rob him of this right without violating the constitutionally
guaranteed freedom of expression.

h. Section 4(c)(4) on Libel

➢ The Supreme Court ruled that the provision merely affirms that online defamation
constitutes “similar means” for committing libel under the Revised Penal Code.
○ The Court’s acquiescence only goes so far as the cybercrime law penalizes the
author of the libelous statement or article.

i. Section 5 on Aiding or Abetting and Attempt in the Commission of Cybercrimes

➢ It was ruled that the terms “aiding or abetting” constitute broad sweep that generates
chilling effect on those who express themselves through cyberspace posts, comments, and
other messages (sharing, liking/reacting, etc. included). Hence, Section 5 of the cybercrime
law that punishes “aiding or abetting” libel on the cyberspace is a nullity.
○ The Supreme Court ruled that Section 5 with respect to Section 5, in relation to
Section 4(c)(4) on Libel, Section 4(c)(3) on Unsolicited Commercial
Communications, and Section 4(c)(2) on Child Pornography, is unconstitutional as
it cannot stand scrutiny.
■ Its vagueness raises apprehension on the part of internet users because of its
obvious chilling effect on the freedom of expression, especially since the
crime of aiding or abetting ensnares all the actors in the cyberspace front in
a fuzzy way, i.e. no legislation tracing the interaction of netizens and their
level of responsibility such as in other countries.
➢ HOWEVER, the crime of aiding or abetting the commission of cybercrimes under Section
5 should be permitted to apply to Section 4(a)(1) on Illegal Access, Section 4(a)(2) on
Illegal Interception, Section 4(a)(3) on Data Interference, Section 4(a)(4) on System
Interference, Section 4(a)(5) on Misuse of Devices, Section 4(a)(6) on Cyber-squatting,
Section 4(b)(1) on Computer-related Forgery, Section 4(b)(2) on Computer-related Fraud,
Section 4(b)(3) on Computer-related Identity Theft, and Section 4(c)(1) on Cybersex. None
of these offenses borders on the exercise of the freedom of expression.

j. Section 6 on the Penalty of One Degree Higher

➢ The Supreme Court ruled that the provision merely makes commission of existing crimes
through the internet a qualifying circumstance.
○ There exists a substantial distinction between crimes committed through the use of
information and communications technology and similar crimes committed using
other means.
■ In using the technology in question, the offender often evades identification
and is able to reach far more victims or cause greater harm. Thus, there is
basis for higher penalties for cybercrimes.

Q. Human Security Act of 2007 (Secs. 3 to 6, R.A 9372)

Sec. 3. Terrorism.- Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:

a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);

b. Article 134 (Rebellion or Insurrection);

c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);

e. Article 267 (Kidnapping and Serious Illegal Detention);

f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of
1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)

thereby sowing and creating a condition of widespread and extraordinary fear and panic among
the populace, in order to coerce the government to give in to an unlawful demand shall be guilty
of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without
the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended.

Sec. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years of imprisonment.

There is conspiracy when two or more persons come to an agreement concerning the commission
of the crime of terrorism as defined in Section 3 hereof and decide to commit the same.

Sec. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised
Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either
the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall
suffer the penalty of from seventeen (17) years, four months one day to twenty (20) years of
imprisonment.

Sec. 6. Accessory. - Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either as
principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part
subsequent to its commission in any of the following manner: (a) by profiting himself or assisting
the offender to profit by the effects of the crime; (b) by concealing or destroying the body of the
crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) by harboring,
 concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the
penalty of ten (10) years and one day to twelve (12) years of imprisonment. Notwithstanding the
above paragraph, the penalties prescribed for accessories shall not be imposed upon those who
are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within the same degrees, with the single exception
of accessories falling within the provisions of subparagraph (a).

Elements of Terrorism

I. Any person who commits an act punishable under any of the following provisions of
the Revised Penal Code:

a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);

Two ways or modes of committing piracy:

1. By attacking or seizing a vessel on the high seas or in Philippine waters;
2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part
of its cargo, its equipment or personal belongings of its complement or passengers.

Elements of piracy:

1. That a vessel is on the high seas or on Philippine waters;

2. That the offenders are NOT members of its complement or passengers of the
vessel;

3. That the offenders:

a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said vessel, its equipment or
personal belongings of its complement or passengers.

Piracy under PD 532: Punishes piracy committed in Philippine waters only.

Offenders: any person (passenger, crew or stranger)

b. Article 134 (Rebellion or Insurrection);

1. That there be:

a. Public uprising; and

b. Taking up of arms against the government.

2. For the purpose of:

 a.Removing from the allegiance to said Government or its laws:

i. The territory of the Philippines, or any part thereof; or

ii. Any body of land, naval or other armed forces; or Depriving the
Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

c. Article 134-a (Coup d' Etat), including acts committed by private persons;

1.That the offender is a person or persons belonging to military or police or holding

any public office or employment;

2. That it is committed by means of a swift attack, accompanied by violence,

intimidation, threat, strategy, or stealth;
3. That the attack is directed against duly constituted authorities of the Republic of
the Philippines or any military camp, or installation, communication networks, public
utilities or other facilities needed for the exercise and continued possession of power;
4. That the purpose of the attack is to seize or diminish state power.

d. Article 248 (Murder);

Murder – unlawful killing of any person which is not parricide or infanticide, provided that
Any of the following circumstances is present:

1. With treachery, taking advantage of superior strength, with the aid of armed men,
or employs means to weaken the defense, or of means or persons to insure or afford
impunity;
2. In consideration of a price, reward or promise;

3. By means of inundation, fire, poison, shipwreck, stranding of a vessel, derailment

or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of
any other means involving great waste and ruin;

4. On occasion of any calamities enumerated in the preceding paragraph, or of an

earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public
calamity;
5. With evident premeditation; or

6. With cruelty, by deliberately and Inhumanly augmenting the suffering of the

victim, or outraging or scoffing at his person or corpse. (As amended by RA No. 7659)
 Elements:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the qualifying circumstances mentioned
in Art. 248; and
4. That the killing is not parricide or infanticide.

Rules for the application of the circumstances which qualify the killing to murder:
1. That murder will exist with only one of the circumstances described in Art. 248.
2. Where there are more than one qualifying circumstance present, only one will
qualify the killing, with the rest to be considered as generic aggravating circumstances.
3. That when the other circumstances are absorbed or included in one qualifying
circumstance, they cannot be considered as generic aggravating.

4. That any of the qualifying circumstances enumerated in Art. 248 must be alleged
in the information.

e. Article 267 (Kidnapping and Serious Illegal Detention);

Elements: (PICK)

1. That the offender is a private individual who is not any of the parents of the
victim nor a female;

2. That he kidnaps or detains another, or in any other manner deprives the latter of
his liberty;
3. That the act of detention or kidnapping must be illegal;

4. That in the commission of the offense, any Of the following circumstances is

present:
a. That the kidnapping or detention lasts for more than 3 days; or

b. That it is by committed simulating public authority; or

c. That any serious physical injuries are inflicted upon the person kidnapped
or detained or threats to kill him are made; or

d. That the person kidnapped or detained

Qualifying circumstances: Death Penalty is imposed (KERT)

a. If the purpose is to extort ransom

b. When the victim is killed or dies a consequence of the detention;

c. When the victim is raped; or

 d. When the victim is subjected to torture or dehumanizing act.

f. Article 324 (Crimes Involving Destruction), or under

1. Presidential Decree No. 1613 (The Law on Arson);

Arson – when any person burns or sets fire to the property of another, or his own
property under circumstance which expose to danger the life or property of another. (Sec.
1, PD 1613)

2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990);

This Act makes provisions in order to regulate, restrict and/or prohibit the
importation, manufacture, processing, sale, distribution, use and disposal of chemical
substances and mixtures presenting risk and/or injury to human and animal health or to the
environment; it provides for the prohibition of entry and transit of hazardous and nuclear
wastes and their disposal into the Philippine while encouraging research and studies on
toxic chemicals. The provisions of this Act shall cover the import.

“Hazardous substances” are substances which present either:

a) short-term acute hazards such as acute toxicity by ingestion, inhalation or skin
absorption, corrosivity or other skin or eye contact hazard or the risk of fire or
explosion;
b) long-term environmental hazards, including chronic toxicity upon repeated
exposure, carcinogenicity (which may in some case result from acute exposure but
with a long latent period, resistance to detoxification process such as
biodegradation, the potential to pollute underground or surface waters, or
aesthetically objectionable properties such as offensive odors.

“Hazardous wastes” are substances that are without any safe commercial,
industrial, agricultural or economic usage and are shipped, transported or brought
from the country of origin for dumping or disposal into or in transit through any
part of the territory of the Philippines.

“Hazardous wastes” shall also refer to by-products , side-products, process

residues, spent reaction media, contaminated plant or equipment or other
substances from manufacturing operations and as consumer discards of
manufactured products which present unreasonable risk and/or injury to health and
safety and to the environment.
 3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability
Act of 1968);

The policy of the Philippine Government to encourage, promote and assist the
development and use of atomic energy for all peaceful purposes, as a means to
improve the health and prosperity of the inhabitants of the Philippines, contribute
to the general welfare, and accelerate scientific, technological, agricultural,
commercial, and industrial progress.

The production and use of atomic energy facilities and atomic energy materials
shall be subject to control by the State in order to achieve the foregoing purposes,
to assure fulfillment of the international obligations of the State, to protect the
health and safety of workers and of the general public, and to protect against the
use of such facilities and materials for unauthorized purposes.

Prohibited Acrivity:

1. It shall be unlawful for any person to

a. Manufacture
b. Produce
c. Receive
d. Possess
e. Own
f. Use
g. Transfer
h. Import
i. export
j. any atomic energy material except under a license issued by
the Commission

4. Republic Act No. 6235 (Anti-Hijacking Law);

Aircraft is in flight - from the moment all exterior doors are closed following
embarkation until the same doors are again opened for disembarkation.
Acts Punished
1. Usurping or seizing control of an aircraft of
Philippine registry while it is in flight; or
compelling the pilots thereof to change its
course or destination; Note: When the
aircraft is not in flight, the usurpation or
seizure of the aircraft may amount to
coercion or threat. When death results, the
crime is homicide or murder, as the case may
be.
2. Usurping or seizing control of an aircraft of
foreign registry, while within Philippine
territory, or compelling the pilots thereof to
land in any part of Philippine territory;
3. Carrying or loading on board an aircraft
operating as a public utility passenger aircraft
in the Philippines flammable, corrosive,
substances, explosive or poisonous.
4. Loading, shipping, or transporting on board a
cargo aircraft operating as a public utility in
the Philippines, flammable, corrosive, or
poisonous substance if not done in
accordance with the rules and regulations of
the Air Transportation Office.
5. Presidential Decree No. 532 (Anti-Piracy and
Anti-Highway Robbery Law of 1974);
Covered acts:

1. Piracy
2. Brigandage
It didn't repeal Art. 122 of the Revised Penal
Code, which covers piracy, but gave a
separate treatment on piracy committed in
Philippine waters. Art. 122 was amended by
RA 7659.

6. Presidential Decree No. 1866, as

amended (Decree Codifying the Laws on
Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or
Explosives)

Unlawful Manufacture, Sale, Acquisition,

Disposition or Possession of Firearms or
Ammunition or Instruments Used or Intended
to be Used in the Manufacture of Firearms or
Ammunition.
1. any person who shall unlawfully
2. manufacture, deal in, acquire,
dispose, or possess any firearm, part of
firearm, ammunition or machinery, tool or
instrument
3. used or intended to be used in the
manufacture of any firearm or ammunition.
a. If homicide or murder is committed
 with the use of an unlicensed firearm, the
penalty of death shall be imposed.
b. If the violation of this Section is in
furtherance of, or incident to, or in
connection with the crimes of rebellion,
insurrection or subversion, the penalty of
death shall be imposed.

II. thereby sowing and creating a

condition of widespread and
extraordinary fear and panic among the
populace;

III. in order to coerce the government to give in to an unlawful demand.

R. New Anti-Carnapping Act of 2016 (Secs. 3 to 4, RA 10883)

Sec. 3. Carnapping; Penalties. – Carnapping is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter’s consent, or by means of violence against or intimidation
of persons, or by using force upon things.

Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle
taken, be punished by imprisonment for not less than twenty (20) years and one (1) day but not
more than thirty (30) years, when the carnapping is committed without violence against or
intimidation of persons, or force upon things; and by imprisonment for not less than thirty (30)
years and one (1) day but not more than forty (40) years, when the carnapping is committed by
means of violence against or intimidation of persons, or force upon things; and the penalty of
life imprisonment shall be imposed when the owner, driver, or occupant of the carnapped motor
vehicle is killed or raped in the commission of the carnapping.

Any person charged with carnapping or when the crime of carnapping is committed by criminal
groups, gangs or syndicates or by means of violence or intimidation of any person or persons or
forced upon things; or when the owner, driver, passenger or occupant of the carnapped vehicle
is killed or raped in the course of the carnapping shall be denied bail when the evidence of guilt
is strong.

Sec. 4. Concealment of Carnapping. – Any person who conceals carnapping shall be punished
with imprisonment of six (6) years up to twelve (12) years and a fine equal to the amount of the
acquisition cost of the motor vehicle, motor vehicle engine, or any other part involved in the
violation: Provided, That if the person violating any provision of this Act is a juridical person,
the penalty herein provided shall be imposed on its president, secretary, and/or members of the
board of directors or any of its officers and employees who may have directly participated in the
violation.

Any public official or employee who directly commits the unlawful acts defined in this Act or
 is guilty of gross negligence of duty or connives with or permits the commission of any of the
said unlawful acts shall, in addition to the penalty prescribed in the preceding paragraph, be
dismissed from the service, and his/her benefits forfeited and shall be permanently disqualified
from holding public office.

Carnapping is the taking, with intent to gain, of a motor vehicle belonging to another without the
latter’s consent, or by means of violence against or intimidation of persons, or by using force upon
things.

PENALTY
● Any person who is found guilty of carnapping shall, regardless of the valueof the motor
vehicle taken, be punished by imprisonment for not less than twenty (20) years and one (1)
day but not more than thirty (30) years, when the carnapping is committed without violence
against or intimidation of persons, or force upon things;
● By imprisonment for not less than thirty (30) years and one (1) day but not more than forty
(40) years, when the carnapping is committed by means of violence against or intimidation
of persons, or force upon things; and
● The penalty of life imprisonment shall be imposed when the owner, driver, or occupant of
the carnapped motor vehicle is killed or raped in the commission of the carnapping.

BAIL SHALL BE DENIED when the evidence of guilt is strong upon:

● any person charged with carnapping or when the crime of carnapping is committed
by criminal groups, gangs or syndicates or by means of violence or intimidation of
any person or persons or forced upon things; or
● when the owner, driver, passenger or occupant of the carnapped vehicle is killed or
raped in the course of the carnapping.

CONCEALMENT OF CARNAPPING
Any person who conceals carnapping shall be punished with imprisonment of six (6) years
up to twelve (12) years and a fine equal to the amount of the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in violation

If the person violating the law is a juridical person, the penalty stated above shall be
imposed on its president, secretary, and/or members of the board of directors or any of its
officers and employees who may have directly participated in the violation.

RULE WHEN PUBLIC OFFICIAL IS INVOLVED

Any public official or employee who directly commits the unlawful acts as defined above
or is guilty of gross negligence duty or connives with or permits the commission of any of
the said unlawful acts shall, in addition to the penalty prescribed in the preceding
paragraph, be dismissed from the service, and his/her benefits forfeited and shall be
permanently disqualified from holding public office.

S. Obstruction of Justice Law (Sec. 1, PD 1829)

Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from
1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully
obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and
prosecution of criminal cases by committing any of the following acts:

(a) preventing witnesses from testifying in any criminal proceeding or from reporting the
commission of any offense or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;

(b) altering, destroying, suppressing or concealing any paper, record, document, or object,
with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence
in any investigation of or official proceedings in, criminal cases, or to be used in the investigation
of, or official proceedings in, criminal cases;

(c) harboring or concealing, or facilitating the escape of, any person he knows, or has
reasonable ground to believe or suspect, has committed any offense under existing penal laws in
order to prevent his arrest prosecution and conviction;

(d) publicly using a fictitious name for the purpose of concealing a crime, evading
prosecution or the execution of a judgment, or concealing his true name and other personal
circumstances for the same purpose or purposes;

(e) delaying the prosecution of criminal cases by obstructing the service of process or
court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;

(f) making, presenting or using any record, document, paper or object with knowledge of
its falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in, criminal cases;

(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining

from, discounting, or impeding the prosecution of a criminal offender;

(h) threatening directly or indirectly another with the infliction of any wrong upon his
person, honor or property or that of any immediate member or members of his family in order
to prevent such person from appearing in the investigation of, or official proceedings in, criminal
cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from
appearing in the investigation of or in official proceedings in, criminal cases;

(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 victim; or
fabricating information from the data gathered in confidence by investigating authorities for
purposes of background information and not for publication and publishing or disseminating the
same to mislead the investigator or to the court.
 P.D. 1829 addresses the necessity of penalizing acts which obstruct or frustrate or tend to
obstruct or frustrate the successful apprehension and prosecution of criminal offenders. (Quejada
et.al vs. People, G.R. No. 181111, August 17, 2015)

As stated in the law, its purpose is to discourage public indifference or apathy towards the
apprehension and prosecution of criminal offenders, it is necessary to penalize acts which obstruct
or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal
offenders.

T. Special Protection of Children against Abuse, Exploitation, and Discrimination Act

(Secs. 3[a], 5, and 10, RA 7610

Section 3. Definition of Terms. –

(a) "Children" refers to person below eighteen (18) years of age or those over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition;

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female,
who for money, profit, or any other consideration or due to the coercion or influence of any
adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed
upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but
are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to
engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited
in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve
(12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape
and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious
conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim
is under twelve (12) years of age shall be reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in prostitution in addition to
the activity for which the license has been issued to said establishment.

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions
Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial to the child's development including those covered
by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal
Code, as amended, shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or
who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort
or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to
any person who is related within the fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the performance of a social, moral or
legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to
keep or have in his company a minor as provided in the preceding paragraph shall suffer the
penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos
(P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or
guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period,
a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the
minor.
(d) Any person, owner, manager or one entrusted with the operation of any public or private
place of accommodation, whether for occupancy, food, drink or otherwise, including residential
places, who allows any person to take along with him to such place or places any minor herein
described shall be imposed a penalty of prision mayor in its medium period and a fine of not less
than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or
establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision correccional in its medium
period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248,
249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical
injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of
age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of
Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts
of lasciviousness with the consent of the offended party, corruption of minors, and white slave
trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is
under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care of the
Department of Social Welfare and Development.

Child Abuse
It refers to the maltreatment, whether habitual or not, of the child which includes any of the
following:
(a) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(b) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(c) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(d) Failure to immediately give medical treatment to an injured child resulting in serious
impairment of his growth and development or in his permanent incapacity or death.
(Sec. 3(b))

Child Prostitution and Other Sexual Abuse

NOTES:
o When the victim is under 12 years of age, the perpetrators shall be prosecuted under
Article 335, par. 3 for rape and Article 336 of RPC for rape or lascivious conduct,
as the case may be.
o The penalty for lascivious conduct when the victim is under 12 years of age shall be
reclusion temporal in its medium period (Sec. 5(b)).

OTHER ACTS OF ABUSE (Under Sec. 10)

Sec.10 (b) Any person who shall keep or have in his company a minor, 12 years or under, or who
is 10 years or more his junior in any public or private place, hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places
(Sec. 10(b));

NOTE: This provision shall NOT apply to any person who is related within the fourth degree
of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts
in the performance of a social, moral or legal duty.

NOTE: Victims of acts committed under Section 10 shall be entrusted to DSWD.