MSU BAR OPS 2018

CRIMINAL LAW

By:

JUDGE ARTHUR L. ABUNDIENTE

BOOK 1

• Extra- territoriality of Penal Laws applies only in Crimes mentioned under Article 2 RPC and under
certain special laws like the the Human Security Act. Crimes committed outside, even by public
officers, like defamation, or slander are not triable in the Philippines

• Probable cause and Mistake of Fact

Stages of commission

• When is it consummated, frustrated, and attempted felony

• In crimes against persons like murder or homicide, mortal wound should be inflicted to consider it in
its frustrated stage if the victim did not die

Instigation vs. entrapment

• Note that in “instigation”, the person instigated or induced is NOT liable since he has no intent to
commit the crime. It was the police officer who induces him to commit the crime. In “entrapment, the
person entrapped is criminally liable.

• This may be asked in connection with R.A. 9165

• Doctrine of “probable cause”

JUSTIFYING CIRCUMSTANCES

• Elements of self-defense: [1] unlawful aggression [2] reasonable necessity of the means employed to
prevent or repel it [3] lack of sufficient provocation on the part of the person defending himself

• No unlawful aggression when there is an agreement to fight

EXEMPTING CIRCUMSTANCES

• In connection with RA 9344: Age is 15 below, exempt from criminal liability

• Over 15 under 18, exempt unless he acted with discernment

AGGRAVATING CIRCUMSTANCES

• Advantage was taken by the offender of his public position. This could not be offset by mitigating
circumstances and the penalty has to be imposed in its maximum period.

• The crime was committed by an organized/syndicated crime group [Art. 62 [1]. It exists when the crime
was committed by a group of two or more persons collaborating, confederating or mutually helping
one another for purposes of gain.

BAND VERSUS BRIGANDAGE

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 • When more than three armed persons shall have acted together for the commission of a crime, it shall be
deemed to be committed by a band. This is only an aggravating circumstance.

• Brigandage on the other hand exists when more than three armed persons form a band of robbers for the
purpose of committing robbery in the highway, or kidnapping persons for the purpose of extorting
ransom, or for other purposes to be attained by means of force and violence. This is a felony.

Recidivism, habitual delinquency, reiteration QUASI-RECIDIVISM

• A recidivist is one who, at the time of the trial for his crime, shall have been previously convicted by
final judgment of another crime embraced in the same Title of the Revised Penal Code.

• Reiteration is when the offender had been previously punished for an offense to which the law attaches
and equal or greater penalty or for two or more crimes to which the law attaches a lighter penalty

• Habitual delinquency exists when within a period of ten years from his last release or last conviction of
the crime of serious or less serious physical injuries, robo, hurto, estafa, or falsification, he cis found
guilty of any of said crimes a third time or oftener

ALTERNATIVE CIRCUMSTANCE

• Intoxication may be appreciated either as mitigating or aggravating. Intoxication is generally

mitigating, UNLESS it is habitual, or subsequent to the plan to commit the crime.

PRINCIPALS, ACCOMPLICES AND ACCESSORIES

• Their participations: Principals by direct participation, by inducement, and by indispensable cooperation

• Accomplice’ participation is by previous or simultaneous act

• Accessory’s participation is subsequent to the commission of the crime

• Note that there are accessories who are exempt from criminal liability under Article 20

PARDON

• Pardon by the private offended party must be given before the institution of the criminal action to bar
criminal prosecution. It is limited to the crimes of concubinage, adultery, seduction, abduction, rape,
and acts of lasciviousness

• Pardon given by the President is given after the judgment of conviction becomes final. It is one of the
grounds for the total extinction of criminal liability. It does not restore the pardonee’s right of suffrage
unless such disqualification is expressly remitted in the pardon

ACCESSORY VS. SUBSIDIARY PENALTY

• Both penalties can be imposed only when the judgment of conviction is already final and executory.

• Accessory penalties are deemed imposed even of the decision or judgment is silent as to its imposition.
Subsidiary penalty however can be imposed only if it is expressly stated in the decision.

COMPLEX CRIMES

• When a single act constitutes two or more grave or less grave felonies

• Or when an offense is a necessary means of committing another

• No complex crime of Rebellion, or Treason, with common crimes, and the latter are absorbed if

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 committed in pursuance of the crime of rebellion or treason

• Ordinary crimes committed not in relation thereto, are treated separately

• Computation of penalty in relation to the Indeterminate Sentence law; the Gayrana ruling was
superseded by the Gonzales Ruling

TOTAL EXTINCTION OF CRIMINAL LIABILITY

• Death in so far as his criminal liability is concerned. As to his civil liability, death extinguishes it only if
it occurs before final judgment

• Distinction between Amnesty and Absolute Pardon

• Prescription of crimes

• Prescription of penalty

• Marriage by the offender with the offended party

SUBSIDIARY PENALTY OF HOTEL-KEEPERS

• Subsidiarily civilly liable for damages when there was violation of ordinances or laws;

• Not Subsidiarily civilly liable for loss of valuables of guests for robbery with violence against or
intimidation of persons UNLESS the crime was committed by its employees

OBLIGATION TO MAKE RESTITUTION

• Any person who participated gratuitously in the proceeds of a felony shall be bound to make restitution
in the amount equivalent to the extent of his participation.

BOOK 2:
• When is the “taking of a personal property” considered THEFT, ROBBERY, ESTAFA, OR
MALVERSATION

• THEFT when there is no force, or violence, without the consent of the owner

• ROBBERY when there is violence or intimidation, or force upon things. Note that it is Robbery with
Homicide if the primordial purpose of the accused is to rob the victim, and death merely resulted as a
consequence thereof

• ESTAFA when there is fraud and damage. Estafa is characterized by unfaithfulness or abuse of
confidence, false pretenses, with fraudulent misrepresentation or acts executed prior to or
simultaneously with the commission of fraud, or through fraudulent means. Note that RA 10951
deleted par. 2[e] an it is no longer a crime to obtain food or accommodation without paying for it.

• MALVERSATION when the offender is an accountable public officer and he embezzled public funds or
property. NOTE that there is a prima facie presumption of malversation.

IN CRIMES AGAINST PERSONS

When is wrongful death considered PARRICIDE, DEATH UNDER EXCEPTIONAL CIRCUMSTANCES,

MURDER, HOMICIDE, INFANTICIDE, UNDER TUMULTUOUS AFFRAY, DUEL, OR HOMICIDE
THROUGH RECKLESS IMPRUDENCE?

IT IS PARRICIDE WHEN:

• The a person kills his father, mother, or child, whether legitimate or illegitimate;

• Other legitimate ascendants or descendants

• Legitimate spouse. Killing a common-law spouse is NOT parricide. Under PD 1083 which embodies
the Muslim Personal Laws and which recognizes and allows polygamous marriages, killing the
second, third, or fourth spouse, or other spouses lawfully married to the accused in accordance with

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 PD 1083, is also considered parricide

DEATH UNDER EXCEPTIONAL CIRCUMSTANCE, WHEN:

• A LEGALLY married person, who having surprised his spouse in the act of sexual intercourse with
another person, shall kill any of them, or both of them in the act, or immediately thereafter;

• With parents with respect to their daughter under 18 years of age, and their seducer, while the daughter
is living with her parents.

• NOTE that the penalty is DESTIERRO. The same penalty if the injury inflicted is physical injuries. If
the penalty inflicted is of any other kind, he shall be exempt from punishment.

KILLING IS MURDER, WHEN

• Without the circumstances under Art. 246, shall kill another with the presence of the qualifying
circumstances of Treachery; consideration of price, reward, or promise; by means of inundation, fire
poison, explosion etc; on the occasion of calamity or misfortune; with evident premeditation; or with
cruelty.

• NOTE that the qualifying aggravating circumstance/s must be alleged in the Information, otherwise they
shall not be considered or appreciated even if proven during the trial

KILLING IS HOMICIDE, WHEN

• Without being a relative under Article 246, kills another without the presence of any qualifying
aggravating circumstances under Article 248.

UNDER TUMULTUOUS AFFRAY, WHEN:

• When several persons not composing groups organized for common purpose of assaulting or attacking
each other, assault each other in a tumultuous manner, and in the course thereof, someone is killed,
but it could not be determined or ascertained who actually killed the victim, but the person who
inflicted physical injuries can be identified, he shall be liable for the death.

• NOTE of the definition of “tumult” . It is tumultuous if caused by more than three persons who are
armed or provided with means of violence

KILLING IS INFANTICIDE, WHEN:

• A person is liable for Infanticide when he kills a person less than three [3] days old. The penalty is
provided for under Art. 246 for parricide, and Art. 248 for Murder.

• Note that if the accused is the mother of the child for the purpose of concealing her dishonour, the
penalty shall be prision mayor medium to maximum. If committed by MATERNAL grandparents for
the same purpose, the penalty shall be reclusion temporal

• The father CANNOT AVAIL of this mitigating circumstance of concealing dishonour if he kills his
child less than 3 days old

HOMICIDE THROUGH RECKLESS IMPRUDENCE, WHEN:

• A person kills another without intent to kill, but the intent was replaced by negligence, or imprudence.

• Reckless imprudence consists of voluntarily but without malice, doing or failing to do an act from
which material damage results by reason of inexcusable lack of precaution on the part of the person
performing or failing to perform an act, taking into consideration the employment or occupation,
degree of intelligence, physical condition, other circumstances regarding the person, time and place.

DEPRIVATION OF LIBERTY:

• When is it punished as Arbitrary detention, Delay in the delivery of detained person to judicial
authority, Delaying Release, Unlawful Arrest, Kidnapping, Slight Illegal Detention, Slavery, or
Forcible Abduction,

BY A PUBLIC OFFICER:

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 • It is Arbitrary Detention when a public officer detains another without legal or lawful ground.

• It is punished as Delay in the Delivery of Detained Person when there is a ground to detain another, but
fails to deliver the detained person within 12 hours for acts punishable with light penalty, 18 hours if
for less grave penalties, and 36 hours if for grave penalties

• It is punished as Delaying Release when there was ground for detention, and there was a subsequent
judicial or executive order for the release of the detainee, but the public officer unduly delays the
release, or unduly delays the service of such notice or order for the release of the detainee

DETENTION BY A PRIVATE PERSON

• It is punished as Kidnapping or Serious Illegal Detention when committed by any private individual
who shall kidnap or detain another or in any manner deprive him of his liberty.

▪ If it lasted for more than three days

▪ If committed simulating public authority

▪ If serious physical injuries, or threats to kill him were made

▪ If the person kidnapped is a minor except when accused is any of the parents

• Maximum penalty when the purpose is to extort ransom or when the victim dies or raped, or tortured or
dehumanizing act

• Punished as Slight Illegal Detention if accused voluntarily release the victim within three days, without
having attained the purpose.

DETENTION BY PRIVATE PERSON…

• It is punished as Unlawful Arrest when a private person, without reasonable ground therefor, shall
arrest another for the purpose of delivering him to the proper authorities [Art. 269]

• It is punished as Slavery if a person shall purchase, sell, kidnap, or detain another human being for the
purpose of enslaving him, or for assigning him or her to an immoral traffic.

• It is punished as Forcible Abduction when committed by any person who abducts any woman against
her will and with lewd design.

• It is punished as Consented Abduction when the victim is a virgin over 12 and under 18 years of age,
carried out with her consent and with lewd design

MOVEMENT AGAINST THE STATE

• When punished as Treason, Rebellion, Coup d’etat, or Sedition

• It is punished as Treason when committed by any person who when there is a war and the Philippines
in involved, and who owes permanent or temporary allegiance to the government, levies war against
the government, or adheres to the enemy by giving them aid or comfort.

• In Treason, take note of the Two-Witness rule

• The offender may be tried in the Philippines although the treasonous act was committed abroad

REBELLION…

• It is punished as Rebellion or Insurrection when the accused rise publicly and take up arms against the
Government of the Philippines for the purpose of removing from the allegiance of the government or
its laws its territory or a portion thereof, or any body of land, naval or armed forces; or to deprive the
executive or legislative of any of its powers or prerogatives

• Rebellion is a continuing crime and any common crimes committed in pursuance thereof like Murder,
Arson, etc are absorved in one crime of Rebellion although these acts were committed in different
occasions

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 • No complex crime of Rebellion with ordinary crimes

COUP D’ETAT:

• It is punished as Coup d’etat when the offenders committed a crime characterized as a swift attack
accompanied by violence, intimidation, threat, stealth, or strategy 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, singly or simultaneously carried out anywhere in the Philippines, with or without civilian
support, by any person belonging to the military, police, or holding any public office or employment,
with or without civilian support, for the purpose of seizing or diminishing state power

SEDITION:

• Punished as Sedition when committed by persons who rise publicly and tumultuously in order to attain
by force, intimidation, or by other means outside of legal methods the purposes mentioned under
Article 139

• It is tumultuous when caused by more than three persons who are armed or provided with means of
violence [Art. 153]

CRIMES COMMITTED BY PUBLIC OFFICERS

• Public officers are those who, by direct provision of law, by popular election, or appointment by
competent authority shall take part in the performance of public functions in the Government, or shall
perform in said government or any branches public duties as an employee, agent, or subordinate
official of any rank or class.

• Person in authority is any person with jurisdiction whether as an individual, or member of a court,
tribunal or government corporation or board, or commission.

• An agent of a person in authority is by direct provision of law, by election, or appointment by competent

authority, is charged with the maintenance of public order and the protection and security of life and
property.

VIOLATION OF DOMICILE VERSUS… TRESPASSING

• It is Violation of Domicile when committed by a public officer who, without authority, enters a
dwelling without the consent of the owner thereof and search papers or other effects found therein; or
by a public officer who surreptitiously entered a dwelling and being required to leave, refuse to do
so.

• Qualified Trespass to Dwelling is committed by a private person who enters the dwelling of another
without the latter’s consent

OFFENDING RELIGIOUS FEELINGS

• Committed by any person [public officer or private individual] who, in a place dedicated to religious
worship or during the celebration of any religious ceremony, shall perform an act notoriously
offensive to the feelings of the faithful.

• Thus, when the accused, a private individual entered the Church during a mass, bring a placard calling
categorizing priests “Damaso”, that notorious priest in Rizal’s novel Noli Mi Tangere, which
offended those who attended the mass, the crime committed the crime of Offending Religious
Feelings

CARNAL INTERCOURSE IS:

RAPE when committed by a man who has carnal intercourse with a woman

1. through force, threat or intimidation

2. when the offended party is deprived of reason or otherwise unconscious

3. by means of fraudulent machination or grave abuse of authority

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 4. when the offended party is under twelve years of age or is demented

• NOTE THAT IN RAPE, THE SLIGHTEST PENETRATION CONSUMMATES THE CRIME.

IT IS EVEN CONSIDERED CONSUMMATED EVEN IF THERE WAS NO HYMENAL
LACERATION

• SEDUCTION when the victim is a virgin, over twelve but under eighteen years of age, committed by any
person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any
capacity shall be entrusted with the education or custody of the woman seduced.

USURPATION OF AUTHORITY

• Usurpation of authority or official function is committed when a person knowingly and falsely represent
himself to be an officer, agent or representative of any department or agency o the Philippine government
or of any foreign government; or who under pretense of official position, shall perform any act pertaining
to any person in authority or public officer of the Philippine government, or any foreign government or
any agency thereof without being lawfully entitled to do so.

OTHER FORMS OF USURPATION

• Usurpation of legislative powers is committed by any public officer who shall encroach upon the powers of
the legislative branch either by making general rules or regulation beyond the scope of his authority, or by
attempting to repeal a law or suspending the execution thereof

• Usurpation of executive function is committed by any Judge who shall assume any power pertaining to the
executive authorities, or shall obstruct the latter in the lawful exercise of the powers.

• Usurpation of Judicial functions is committed by any officer in the executive branch of the government who
shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any
Judge within his jurisdiction

INFIDELITY OF PUBLIC OFFICERS

• Infidelity in the custody of prisoners: [1] conniving with or consenting to evasion; [2] evasion through
negligence [3] escape of prisoner under the custody of a person not a public officer

• Infidelity in the custody of documents: [1] removal, concealment or destruction of documents [2[ officer
breaking seal [3] opening of closed documents

GRAVE THREAT AND GRAVE COERCION

• A Grave threat is committed by any person who shall threaten another with the infliction upon the
person, honor, property, of the latter of of his family of any wrong amounting to a crime

• Grave coercion is committed by any person who, without authority of law, shall by means of violence,
threats, or intimidation, prevent another from doing something not prohibited by law, or to compel
him to do something against his will whether it be right or wrong. A higher penalty shall be imposed
if the coercion is committed in violation of the right of suffrage, or the exercise of religion

ART. 332: NO CRIMINAL BUT ONLY CIVIL LIABILITY

Persons exempt from criminal liability:

1.spouses, ascendants, descendants, or relatives by affinity in the same degree

2. Widowed spouse with respect to the property which belonged to the deceased spouse before the
same have passed into the possession of another

This exemption from criminal liability does not apply when the crime is complexed with another
crime. Example, ESTAFA thru FALSIFICATION

SIMULATION OF BIRTH, SUBSTITUTION OF ONE CHILD FOR ANOTHER, ETC

• Simulation of birth, substitution of one child for another, concealment, and abandonment of legitimate
child are punishable

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 • Concealment and abandonment of a legitimate child to lose his civil status

ART. 349: BIGAMY

ELEMENTS:

• The offender is legally married;

• The marriage has not yet been dissolved, or the absent spouse is absent but presumptive death
has not yet been declared by the court

• The accused contracted another marriage

• the subsequent marriage has all the essential requisites for validity.

NOTE: THE MUSLIM GAMBIT HAD BEEN REJECTED BY THE COURT

CYBERLIBEL

• The SC struck down as unconstitutional the penalizing of people who AID OR ABET online libel as
provided for under RA 10175

• While it upheld ONLINE LIBEL as a crime BUT ONLY THE ORIGINAL AUTHOR is to be penalized.
Those who merely “LIKE” IT are not liable

BP 22

• There is prima facie evidence of knowledge of insufficiency of funds if the check is presented within
ninety [90] days from the date of the check, and was dishonoured, and the drawer received a notice of
dishonour, and the drawer or maker of the chcl fails to pay the amount due thereon within five
banking days after receiving the notice.

• Such presumption cannot arise if the notice of dishonour is not sent to the drawer, or if there is no proof
that such notice was sent and received by the drawer since there is no way to reckon the crucial 5-day
period.

• The absence of a notice of dishonour necessarily deprives the accused an opportunity to preclude a
criminal prosecution.

ANTI-FENCING LAW [PD 1612]

• It is the act of any person who with intent to fain for himself or for another, shall bur, receive, possess,
keep, acquire, conceal, sell, or dispose of, or shall buy and sell or in any other manner deal in any
article, items, object or anything of value which he knows or shown be known to him to have been
derived from the proceeds of the crime of robbery or theft.

• The presumption of fencing arises only when the article or item involved is the subject of robbery or
theft. The presumption of fencing applies when a person paid a price so inadequate for the value of
the thing suggestive that it was nit legitimately acquired by the seller.

CARNAPPING

• It 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.

• Carnapping in aggravated form [qualified carnapping] is committed when the owner, friver, or occupant
of the carnapped motor vehicle is killed, or raped in the course of the commission of carnapping or on
occasion thereof

HUMAN SECURITY ACT [R.A. 372]

• TERRORISM is committed by any person who commits any of the following crimes: Piracy, Rebellion,
Coup d’tat. Murder, Kidnapping and Serious illegal detention, Crimes involving destruction,

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 Violations of RA `1612, RA 6969, Roxic susbtances and hazardous nuclear waste, Atomic Energy
Regulatory Act, Anti Hijacking law, Anti highway robbery law, PD 1866 as amended, thereby sowing
and creating an extra-ordinary fear and panic among the populace in order to coerce the government
to give in to an unlawful demand. Penalty is 40 years without the benefit of parole

MERE CONSPIRACY TO COMMIT TERRORISM IS PUNISHABLE WITH FORTY [40] YEARS

OF IMPRISONMENT

• Accessories who are spouse. Ascendants, descendants, legitimate, natural, or adopted brothers and
sisters or relatives by affinity within the same degrees are exempt from criminal liability except those
who profited themselves or assisted the offenders to profit from the effects of the crime.

HUMAN SECURITY ACT

• Marawi siege is considered to be an example of violation of RA 9372

• Period of detention without judicial authorization of a person charged or suspected of the crime of
terrorism or the crime of conspiracy to commit terrorism, is three [3] days, counted from the moment
the person suspected of terrorism was apprehended, without incurring any criminal liability under
Article 125 RPC, PROVIDED that the arrest was the result of a surveillance, or examination of bank
deposits. Before detaining such person, the latter must be presented before any Judge at the latter’s
residence or office nearest the place where the arrest was made at any time of day or night. The Judge
shall ascertain the identity of the police or law enforcement personnel and the person/s they arrested.
The Judge shall then submit to the court of competent jurisdiction his report

• Upon acquittal, any person who is accused of terrorism shall be entitled to the payment of damages in
the amount of P500,000.00 per day of detention [Sec. 50]

RA 9344

• Age is 15 years old or below: EXEMPT from criminal liability. He shall be subjected to intervention
program. He is not exempt from civil liability

• AGE IS OVER 15 BUT UNDER 18: If he did not act with discernment, he shall be exempt from
criminal liability. Not exempt from civil liablity

• AGE IS OVER 15 UNDER 18 and he acted with discernment: He is not exempt from criminal liability,
He shall be subjected to the criminal proceedings in accordance with RA 9344. Entitled to suspended
sentence in case of conviction even if he did not apply for it

• Once the child who is under 18 years of age at the the time of the commission of a crime is found guilty
of the offense charged, the court shall determine abd ascertain any civil liability which may have
resulted. However instead of pronouncing the judgment of conviction, the court shall place the child
under suspended sentence, without need of application. Provided however that the suspension of
sentence shall be supplied even if the juvenile is already eighteen years of age at the time of the
pronouncement of his sentence. [Sec. 38]

• Discharge of the child in conflict with the law. Upon recommendation of the social worker who has
custody of the child, the court shall dismiss the case against the child whose sentence has been
suspended, and shall order his final discharge. The discharge shall not affect the civil liability.

• If the court finds that the child has wilfully failed to comply with the conditions of his disposition or
rehabilitation program, the child shall be returned to the court for the execution of judgment.

R.A. 9262

• Violence against women or children refers to any act or 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 sexual or
dating relationship, or with whom he has a former child, or against his child, whether legitimate or
illegitimate.

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 • Battered woman syndrome. Victims or 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 circumstance of self-defense.

PROTECTION ORDERS WHICH MAY BE ISSUED:

Barangay Protection Order [BPO] may be issued by the Barangay Captain.

Temporary Protection Orde [TPO] may be issued by the court. Valid for 30 days

Permanent Protection Order [PPO] issued by the court after notice and hearing, valid until revoked

R.A. 7610: SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, ETC

PUNISHAABLE ACTS:

1. Child prostitution and other sexual abuse

2. Child trafficking [trading and dealing with children, for money or gain]

3. Obscene publication and indecent shows

Other acts of abuse [neglect, cruelty, and other conditions prejudicial to the cbhikd’s development]

RA 9775: ANTI CHILD PORNOGRAPHY ACT OF 2009

• Child. Any person below 18 years of age or over but is unable to full take care of himself/herself from
abuse, neglect, cruelty, exploitation or discrimination beause of physical or mental disability or
condition

• Child pornography. 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

RA 8049: ANTI-HAZING LAW

• Hazing. An initiation rite or practice as a pre-requisite for admission into membership in fraternity,
sorority, or organization by placing the recruit neophyte or applicant in some embarrassing or
humiliating situations, or subjecting him to physical or psychological sufferings.

• The physical, mdntal and psychological testing and training procedure to enhance and determine the
physical, metal, and psychological fitness of prospective members of the AFP, PNP, as approved by
the DND and NAPOLCOM shall not be considered as hazing.

RA 3019: THE ANTI GRAFT AND CORRUPT PRACTICES ACT

• Persons covered by RA 3019

• All public officers, who by direct provision of law, by popular election, or appointment by competent
authority, permanent or temporary, whether in the classified, non-classified, or exempt service
receiving regular or nominal compensation from the government.

R.A. 7080: ANTI-PLUNDER ACT

• Persons liable: any person holding public office in the Government of the Pnilippines by virtue of direct
provision of law, appointment by competent authority, popular election, or contract.

• A private person who conspires with the public official may also be held liable for Plunder

• Plunder is a crime committed by a public officer himself, or in connivance with members of his family,
relatives bny affinity or consanguinity, business associates, subordinates or other persons by
amassing, accumulating, or acquiring ill-gotten wealth through combination or series of acts tin the
aggregate amount or value of Fifty Million [50M] pesos.

• Ill-gotten wealth refers to any asset, property, business enterprise, or material possession of any person,
acquired ny a public officer directly or indirectly through dummies, nominees, associates, agents, or

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 subordinates.

R.A. 10591: ILLEGAL POSSESSION OF FIREARMS, AMMUNITIONS, ETC.

• If the unlicensed firearm is used in furtherance of the crime of rebellion sedition, or coup d’etat, the use
of unlicensed firearms or explosives is ABSORBED.

• The use of unlicensed firearm is considered AGGRAVATING in the crime of Murder or Homicide

• When a person commit any crime with the use of explosives, detonation agents, or incendiary devices
which results in the death if any person or persons, the use of such explosives, detonation agents or
incendiary devices shall be considered as AGGRVATING CIRCUMSTANCES

• The unlawful manufacture, sale, acquisition, disposition or possession of firearms and ammunitions etc.
are likewise absorbed in the crime of rebellion, sedition, coup d’etat

R.A. 4200: ANTI-WIRE TAPPING LAW

• It punishes the following acts:

• Not being authorized by all the parties to any private communication, or spoken word, to tap any wire or
cable, or to secretly overhear, intercept, or record such communication or spoken word byb using a
device;

• Be he a participant or not in the act or acts penalized afore-mentioned, to knowingly possess any tape
record, wire record, disc record, or any such record, or copies thereof, of any communication or
spoken worde, or to replay the same for any other person or persons, or to furnish transcription
thereof, whether complete or partial.

R.A. 4200

• NOTES: An extension telephone cannot be placed in the same category as Dictaphone, dictagraph or
the other devices under RA 4200 as the use thereof cannot be used as “tapping”. [Gaanan vs. CA]

• Absent a clear showing that both parties to the telephone conversation qllowed the recording of the
same, the INADMISSIBILITY of the subject tapes is MANDATORY

R.A. 9194
anti money laundering act

• Money laundering, defined. Crime wherein the proceeds of unlawful activity are transacted, making it
appear to have come from lawful transaction

• Covered transation are those transaction in cash or other equivalent monetary instrument involving a
total amount in excess of Php 500,000.00 within one [1] banking day

RA 9995: ANTI PHOTO AND VIDEO VOYEURISM ACT OF 2009

Acts punished:

• 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 such as the naked or undergarment, clad
genitals, buttocks, or female breasts without the consent of the person involved

• To copy or reproduce, or cause to be copied or reproduced such photo or videop or recording of a sexual
act with or without consideration

• To sell or distribute or cause to be sold or distributed such phor or video whether it be original copy or
reproduction thereof.

• To publish or boradcaset, or cause to be published or broadcast whether in print or broadcast media the
photo or video coverage or recording

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 R.A. 9165: COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Section 5. Sale, Trading, Administration, etc.

A. Elements of Selling: [1] identity of the buyer, and the seller, the object and the consideration
thereof; [2[ the delivery of the thing sold, and the payment therefor.

NOTE: THE ABSENCE OF THE BUY-BUST MONEY WILL NOT PREJUDICE THE
PROSECUTION FOR AS LONG AS THE SALE OF THE DANGEROUS DRUGS IS PROVEN,
AND THE CHAIN OF CUSTODY IS NOT VIOLATED IN ORDER TO PRESERVE THE
INTEGRITY AND PROBATIVE VALUE OF THE SEIZED EVIDENCE

SECTION 11. POSSESSION

Elements:

1. The accused was in possession of an illegal drugs

2. Such possession is not authorized by law

3. The accused was freely and consciously aware of being in possession of the drugs.

Thus, a person cannot be held criminally liable for possession of illegal drugs if he/she is unaware of the
content of the container handed to her.

SEC. 28: ATTEMPT AND CONSPIRACY

Mere attempt or conspiracy to commit the following, shall be penalized with the same penalty prescribed for
the commission of the same:

1. Importation of dangerous drugs, controlled chemicals

2. Sale, trading etc

3. Maintenance of drug de or dive

4. Manufacture of dangerous drugs

5. Cultivation or culture of plants which are sources of dangerous drugs

My dear examinees, may you be guided by god… god bless you all…

AMEN…..

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