Francis Virgil J.

Morales
Law 2C (10:00-11:00)
Atty. Raul C. Espina
October 17, 2019
Research

1.What are the acts punished under R.A. Anti-wire Tapping Act?
Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or arrangement,
to secretly overhear, intercept, or record such communication or spoken word by using a device
commonly known as a dictaphone or dictagraph or detectaphone or walkie-talkie or tape recorder, or
however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the
next preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other
such record, or copies thereof, of any communication or spoken word secured either before or after the
effective date of this Act in the manner prohibited by this law; or to replay the same for any other
person or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish
transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of such
record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses
mentioned in Sec. 3 hereof, shall not be covered by this prohibition.
Sec. 2. Any person who wilfully or knowingly does or who shall aid, permit, or cause to be done any
of the acts declared to be unlawful in the preceding Sec. or who violates the provisions of the
following Sec. or of any order issued thereunder, or aids, permits, or causes such violation shall, upon
conviction thereof, be punished by imprisonment for not less than six months or more than six years
and with the accessory penalty of perpetual absolute disqualification from public office if the offender
be a public official at the time of the commission of the offense, and, if the offender is an alien he shall
be subject to deportation proceedings.
Sec. 3. Nothing contained in this Act, however, shall render it unlawful or punishable for any peace
officer, who is authorized by a written order of the Court, to execute any of the acts declared to be
unlawful in the two preceding Sec.s in cases involving the crimes of treason, espionage, provoking war
and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to
commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition,
kidnapping as defined by theRevised Penal Code, and violations of Commonwealth Act No. 616,
punishing espionage and other offenses against national security: Provided,That such written order
shall only be issued or granted upon written application and the examination under oath or affirmation
of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds
to believe that any of the crimes enumerated hereinabove has been committed or is being committed or
is about to be committed: Provided, however, That in cases involving the offenses of rebellion,
conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit
sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a rebellion
or acts of sedition, as the case may be, have actually been or are being committed; (2) that there are
reasonable grounds to believe that evidence will be obtained essential to the conviction of any person
for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means
readily available for obtaining such evidence.
The order granted or issued shall specify: (1) the identity of the person or persons whose
communications, conversations, discussions, or spoken words are to be overheard, intercepted, or
recorded and, in the case of telegraphic or telephonic communications, the telegraph line or the
telephone number involved and its location; (2) the identity of the peace officer authorized to overhear,
intercept, or record the communications, conversations, discussions, or spoken words; (3) the offense
or offenses committed or sought to be prevented; and (4) the period of the authorization. The
authorization shall be effective for the period specified in the order which shall not exceed sixty (60)
days from the date of issuance of the order, unless extended or renewed by the court upon being
satisfied that such extension or renewal is in the public interest.
All recordings made under court authorization shall, within forty-eight hours after the expiration of the
period fixed in the order, be deposited with the court in a sealed envelope or sealed package, and shall
be accompanied by an affidavit of the peace officer granted such authority stating the number of
recordings made, the dates and times covered by each recording, the number of tapes, discs, or records
included in the deposit, and certifying that no duplicates or copies of the whole or any part thereof
have been made, or if made, that all such duplicates or copies are included in the envelope or package
deposited with the court. The envelope or package so deposited shall not be opened, or the recordings
replayed, or used in evidence, or their contents revealed, except upon order of the court, which shall
not be granted except upon motion, with due notice and opportunity to be heard to the person or
persons whose conversation or communications have been recorded.
The court referred to in this Sec. shall be understood to mean the Court of First Instance within whose
territorial jurisdiction the acts for which authority is applied for are to be executed.

Sec. 4. Any communication or spoken word, or the existence, contents, substance, purport, effect, or
meaning of the same or any part thereof, or any information therein contained obtained or secured by
any person in violation of the preceding Sec.s of this Act shall not be admissible in evidence in any
judicial, quasi-judicial, legislative or administrative hearing or investigation.

Sec. 5. All laws inconsistent with the provisions of this Act are hereby repealed or accordingly
amended.

Sec. 6. This Act shall take effect upon its approval.

2. Under R.A. 7620 or The Child Abuse Law, Define the following.

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;
B. Child Abuse
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any
of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
 (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) 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.

c. Circumstances which gravely threaten or endanger the survival and normal development of
children" include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-
related activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with
their normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of
parents or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of
extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to
basic services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children.
D.Comprehensive program against child abuse, exploitation and discrimination
-refers to the coordinated program of services and facilities to protected children against,Child
Prostitution and other sexual abuse Child trafficking Obscene publications and indecent shows Other
acts of abuses; and Circumstances which threaten or endanger the survival and normal development of
children.

E. 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.
F. Child Trafficking.– Any person who shall engage in trading and dealing with children including, but
not limited to, the act of buying and selling of a child for money, or for any other consideration, or
barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be
imposed in its maximum period when the victim is under twelve (12) years of age.

3.Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, employ, use,
persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live
or in video, or model in obscene publications or pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause
and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show
or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium
period.

4. 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.
5. AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL
MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS,
PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER.

6. What are the acts promote Trafficking in Persons

- To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons
-To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issues these certificates and
stickers as proof of compliance with government regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons
- To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the
internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;
-To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide pre-
departure registration and services for departing persons for the purpose of promoting trafficking in
persons;
-To facilitate, assist or help in the exit and entry of persons from/to the country at international and
local airports, territorial boundaries and seaports who are in possession of unissued, tampered or
fraudulent travel documents for the purpose of promoting trafficking in persons;
-To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings
of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or
seeking redress from the government or appropriate agencies; and
-To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person
held to a condition of involuntary servitude, forced labor, or slavery.

7. 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 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).
8. Under R.A. 9262 or violence againts women, what are the different kinds of violence againts
women?

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 marital 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.
9. Define hazing. Is it allowed?
Hazing is any action or situation, with or without the consent of the participants, which recklessly,
intentionally, or unintentionally endangers the mental, physical, or academic health or safety of a
student.

-It depends on a Organization if it is allowed.

10. Under R.A. 3019 or the Anti Graft and Corrupt Practices Act, enumerate the corrupt practices of
public officers.

(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.