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Special Penal Laws  There may be principal by direct participation and principal by induction – 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
RA 7877 – ANTI-SEXUAL HARASSMENT ACT have been committed, shall be liable under this Act.
 Employers or Head Officers may be liable solidarily for damages, if sexual
• Limited scenario – harassment is committed and no immediate action is taken.
1. Work-related or employment environment
2. Education environment
3. Training related activities or environment
RA 7610 – CHILD ABUSE LAW
• Possible offenders –
• Possible Offenders –
 Committed by employer, manager, supervisor, co-employee, agent of the 1. Those who engage, promote, facilitate or induce child prostitution
employer, teacher, instructor, professor, coach, trainor or any other person. – 2. Those who commit the act of sexual intercourse or lascivious conduct with a
maybe committed by a man or woman
child exploited in prostitution or subjected to sexual abuse
 Offender has authority, influence, and moral ascendancy
 Involves a demand, request or requirement of sexual favor
3. Those who derive profit or advantage from it – Manager or owner of the
establishment where child prostitution takes place
 Acceptance - immaterial
• Attempt to commit child prostitution under RA 7610 –
• Commission in work-related or employment environment –
 Sexual favor as condition in the following : 1. Any person found alone with the child in hidden or secluded area under
i. hiring circumstance which leads a reasonable person to believe that a child is about
ii. employment to be exploited in prostitution and other sexual abuse, except if he is a relative
iii. re-employment 2. Any person who receives services from a child in a sauna parlor or bath,
iv. continued employment massage clinic, health club and other similar establishment
v. granting of favorable compensation, terms of condition,
promotions or privileges • Elements of child prostitution –
 Refusal to grant sexual favor results in limiting, segregating or classifying  Engaging in sexual intercourse or acts of lasciviousness with a child
employees that will discriminate, deprive or diminish employment  It is for money or profit or due to coercion
opportunities or otherwise adversely affect the employee
 The acts impairs employee rights and privileges under labor laws  Victim may be male or female child
 Acts results in an intimidating, hostile or offensive environment for employee  Child below 12 years old – Statutory rape or acts of lasciviousness
 Child is between 12 and 18 years old – Prosecution under RA 7610
• Commission in educational or training environment –  Child trafficking – is an act of buying and selling a child for money, or any other
 Victims include following : consideration or barter
i. One who is under the care, custody or supervision of the
offender
ii. One whose education, training, apprenticeship or tutorship is RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF
entrusted to the offender 2004
 Sexual favor as condition to the giving of passing grade, granting honors or
scholarship, or payment of a stipend, allowance or other benefits, privileges  Battered Woman Syndrome – refers to a scientifically defined pattern of
or consideration psychological and behavioral symptoms found in women living in battering
 Acts result in an intimidating, hostile or offensive environment for the relationships as a result of cumulative abuse.
student, trainee or apprentice  Victim-survivors suffering from BWS do not incur criminal liability even in the
absence pf any of the elements of justifying circumstances of self-defense
 In rape, grave abuse of authority is required. If acquitted, prosecution on sexual under the RPC
harassment may be made.  Battery – refers to any act of inflicting physical harm upon the woman or her child
 Employee may be charged with sexual harassment by another employee – moral resulting to physical and psychological emotional distress
ascendancy is required
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 Presence during hazing is prima facie evidence of participation as principal unless
PEOPLE v GENOSA Jan 15, 2004 To be considered a battered woman, the accused and her he prevented the commission of hazing – without qualification
spouse must go through the battering cycle at least twice. If a woman is in an abusive relationship
with a man and it occurs the second time but remains in the situation, then she is considered a
 Mitigating circumstance of no intention to commit so grave a wrong – not available
battered woman. in the crime of hazing even if there is no intention to kill – Death is not the result of
intention
 Hazing – initiation rite as a prerequisite for membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant in some humiliating
RA 8049 – ANTI-HAZING LAW situations, including forcing him to do menial, silly, foolish and similar acts or
subjecting him to physical or psychological suffering or injury
• Possible Offenders –  Physical, mental or psychological training duly approved is not hazing
1. Officers and members of fraternity, sorority or organization who actually  Hazing covers both killing and the infliction of physical injuries
participated in the infliction of physical harm [PRINCIPAL]
2. Officers or member who knowingly cooperated in carrying out the hazing by
inducing the victim to be present in it [PRINCIPAL] RA 8294 – LAW PENALIZING ILLEGAL POSSESSION OF FIREARMS AND
3. Parents, if hazing is held in the home of once of the officers or members of the EXPLOSIVES
fraternity, group or organization when they have actual knowledge of the
hazing conducted but failed to prevent it from happening [PRINCIPAL] • Scope of unlicensed firearms –
4. Officers, former officers, or alumni involved in the actual planning of the hazing  Firearms with expired license, or
even if absent during hazing [PRINCIPAL]  Unauthorized use of licensed firearm in the commission of the crime
5. Fraternity or sorority adviser who is present during hazing and failed to take
action to prevent it from happening [PRINCIPAL] • Acts punished –
1. Unlawful manufacture, sale, acquisition or disposition of firearms and
6. President, manager, director or other responsible officer of a corporation ammunitions
engaged in hazing as a requisite for employment [PRINCIPAL] 2. Unlawful manufacture, sale, acquisition or disposition of explosives
7. School authorities and faculty member who – [ACCOMPLICE] 3. Tampering of firearm serial number
i. Consents to the activity, or 4. Repacking or altering the composition of lawfully manufactured explosives
ii. Has actual knowledge but failed to take any action to prevent it 5. Unauthorized issuance of authority to carry firearms or ammunitions outside of
from happening residence
8. Owner of the place where hazing is conducted is he has actual knowledge of the
hazing but failed any action to prevent it from happening [ACCOMPLICE] • Possible Offenders –
1. a. Any person who unlawfully manufacture, deal, acquire, dispose or possess
• Qualifying circumstances – Max. penalty any
 Recruitment accompanied by force, violence, threat, intimidation or deceit on  Low-powered firearm
the recruit who refuses to join  Part of a firearm
 Recruit, neophyte or applicant initially consent to join but prevented from  Ammunition
quitting when he learned that there shall be a hazing  Machinery, tool or instrument used or intended to be used in the
 Recruit, neophyte or applicant is prevented from reporting hazing through manufacture of any firearm or ammunition
force, violence, threat or intimidation b. The owner, president, manager, director or other responsible officer of any
 Hazing is committed outside the school or institution company who willfully, or knowingly allow any of the firearms owned by it to be
used by any person found guilty of violating the provisions of this act without
 At the time of hazing, the victim us below 12 years old
legal authority to be carried outside of their residence in the course of
employment
• When is hazing punishable?
2. Any person who carries any licensed firearm outside his residence without
 Physical injury legal authority to do so
 Death
3. a. Any person who unlawfully manufacture, assemble, deal, acquire, dispose
or possess –
 Hand grenades
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 Rifle grenades PEOPLE v DELA ROSA Jan 16, 1998 Rodolfo’s intentions was to turn over the ammunitions
 Other explosives which is owned by the NPA and denies possession of the same. The essential elements of illegal
possession of firearms and exclusive are –
 Other incendiary devices capable of producing destructive effect on i. possess a firearm or explosives
contiguous objects or causing injury or death ii. lacks authority or license to possess the same
b. Any person who shall unlawfully tamper, change, deface or erase the seria; While mere possession without criminal intent is sufficient to convict a person for illegal
number of any firearm possession of firearm, it must still be shown that there was animus possidendi or an intent to
4. Any person who shall unlawfully repack, alter or modify the composition of possess on the part of the accused. Criminal intent is the intent of the accused to commit an
offense with the use of an unlicensed firearm. It is not an important element for the conviction
any lawfully manufactured explosives under this law. In order to be found guilty, it is sufficient that the accused had no authority or
license to possess and that he intended to possess it even if the possession was made in good
PEOPLE v LADJAALAM 2000 No penalty for illegal possession, it is absorbed in an offense faith and without criminal intent.
which may carry a heavier penalty. Conviction for illegal possession may be evaded on conviction  Temporary, incidental, casual, or harmless possession of firearms is not punishable.
for illegal possession by committing lighter offense, like alarms and scandals.
Example is when a person picks up a weapon or hands it to another to examine or
hold for a moment.
Act What is the crime?  Transient possession is not sufficient to convict one. Example is on where the
Illegal possession only – no other crime Illegal possession accused stole a firearm and is in possession of the same when arrested.
Illegal possession is not a separate  Animus possidendi is a state of mind that may be proven by prior and coetaneous acts
offense. It is not an aggravating of the accused and the surrounding circumstances.
circumstance. Offender is free from Possession to convict one under PD 1866 – one where the accused possessed a firearm either
Other crimes, except murder or homicide charges of illegal conviction physically or constructively with animus possidendi or intention to possess it.
Murder or homicide with a special
aggravating circumstance of illegal
Murder or homicide possession RA 7080 – AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER – read
Rebellion or insurrection, sedition, or page 117 ateneo notes
Rebellion or insurrection, sedition, attempted coup d’etat. Illegal possession
attempted, coup d’etat is absorbed as an element of it • Possible offenders –
1. Public officer
 Carrying of firearms outside ones residence during Gun Ban, 2 crimes are 2. Any private person in conspiracy with the public officer
committed –
1. Violation of PD 1866  Ill gotten wealth amounts to 50M and above – plunder coverage
2. Violation of resolution on gun ban  If there is plunder and malversation, only one information shall be filed because
 High powered firearm – those firearms with firing capability of full automatic and by malversation is absorbed in plunder
burst of two or three.  RA 1379 on forfeiture of ill gotten wealth – creates a presumption juris tantum.
 Possession of machinery, tools or instrument used directly for manufacture of There is a presumption against the public officer or employee who acquires a
firearms and ammunitions gives rise to a presumption of illegal manufacture of it property grossly disproportionate to his income, that the property is unlawfully
 If crime is committed with the use of explosives, detonation agents or incendiary acquired. It may be rebutted by contrary evidence.
device resulted to death of any person – it is an aggravating circumstance
 Ownership of the firearm or ammunition is not a defense REPUBLIC v IAC April 17, 1989 In determining whether there is unexplained wealth or not, the
courts are not bound by the statement of assets and liabilities filed by the respondent.
PEOPLE v VERCHEZ June 15, 1994 Holding of firearm is illegal if there is no license or permit
to hold the same regardless of the period of possession. Control and management of the firearm
is immaterial. RA 9372 – HUMAN SECURITY ACT OF 2007
PEOPLE v VILLANUEVA July 15, 1997 Burden of proof is on prosecution. The following must
be proved –
• Terrorism – is the commission of a person of any act punishable under any of the
 Existence of the subject firearm following provisions of the RPC
 Fact of ownership and possession of the accused 1. Art 122 – Piracy in General and Mutiny in the High Seas or in the
 No license or permit to possess the same Philippine Waters
GONZALES v PEOPLE August 18, 1997 Retroactive effect of a lower penalty.
2. Art 134 – Rebellion or insurrection
3. Art 134A – Coup d’etat, including acts committed by private persons
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4. Art 248 – Murder  Who may be an accessory/
5. Art 267 – Kidnapping and Serious Illegal Detention + Any person who has knowledge of the commission of the crime of terrorism
6. Art 324 Crimes involving destruction or conspiracy to commit terrorism, and without having participated therein,
Or Under – either as principal or accomplice under articles 17 and 18 RPC, takes part
7. PD 1613 – The Law on Arson subsequent to its commission in any of the following manner
8. RA 6969 – Toxic Substance and Hazardous Nuclear Waster Control Act a. by profiting himself of assisting the offender to profit by the
of 1990 effects of the crime
9. RA 5207 – Atomic Energy Regulatory and Liability Act of 1968 b. by concealing or destroying the body of the crime, or the effects,
10. RA 6235 – Anti-Hijacking Law or instrument thereof in order to prevent its discovery
11. PD 532 – Anti-Piracy and Anti-highway Robbery Law of 1974 c. by harboring, concealing or assisting in the escape of the
12. PD 1866, as amended (Decree Codifying the Law on Illegal and Unlawful principal or conspirator of the crime
Possession, Manufacture, Dealing in, Acquisition or Disposition of  Notwithstanding the above, the penalties for accessories shall not be imposed
Firearms, Ammunitions or Explosives upon those who are such with respect to their spouses, ascendants,
Thereby sowing and creating a condition of widespread and extraordinary fear descendants, legitimate, natural, and adopted brothers and sisters, or relatives
and panic among the populace, in order to coerce the government to give in to by affinity within the same degree, with the single exception of accessories
an unlawful demand falling within the provision of subpar a
 Penalty = 10 years 1 days to 12 years of imprisonment
 Penalty = 40 years imprisonment without benefit of Parole
Sec 7. Surveillance of Suspects and interception and recording of
• Who are considered terrorist and outlawed organizations, associations or communications
group of persons?
 Any organization, association or group of persons organized for the purpose GR : RA 4200 Anti-wire tapping Law may be set aside if in pursuance to surveillance of
of engaging in terrorism or although not organized for such purpose, suspects and interception and recording of communications of terrorists – order from
actually uses the acts to terrorize mentioned in this act or to sow and create CA required
a condition of widespread and extraordinary fear and panic among the EXC – Communications between
populace in order to coerce the government to give in to an unlawful 1. lawyers and clients
demand. 2. doctors and patients
- If evidence of guilt is not strong, he may be granted bail but 3. journalists and their sources and confidential business correspondence
shall be subject to travel restrictions that he may only travel
within the city or municipality where he resides or where the • Judicial authorization
case is pending  Requisites for judicial authorization by CA –
- Such person may be placed under house arrest by court i. there is probable cause to believe based on personal knowledge
order at his usual place of residence. When under house of facts or circumstances that the said crimes of terrorism or
arrest he may not use any items as a means of conspiracy to commit terrorism has been committed or is being
communication with people outside the residence until committed, or is about to be committed
ordered by the court. ii. there is probable cause to believe based on personal knowledge
of the facts or circumstances that evidence which is essential to
Sec 4. Conspiracy to commit terrorism the conviction of any charged or suspected person for, or to the
 There is conspiracy – when two or more persons come to an agreement solution or prevention of any crimes will be obtained
concerning the commission of the crime of terrorism and decide to commit the iii. there is no other effective means readily available for acquiring
same such evidence

 Penalty = 40 years imprisonment  Effective period = based on the length of time specified in the written
order but shall not exceed 30 days from receipt of written order. May be
Sec 5. Accomplice extended only once but shall not exceed 30 days, provided that it is for
 Penalty = 17 years, 4 months one day to 20 years of imprisonment public interest.

Sec 6. Accessory • Custody of intercepted and recorded communications


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 Deposited to the CA within 48 hours after expiration of the period fixed in a 2. Those judicially declared and outlawed terrorist
sealed package with joint affidavit of the police officers, law enforcement organization, association or group of persons and its
officials and members of his team. members
- False or untruthful statements or misrepresentation of material facts  Effective period = same period in judicial authorization for judicial
in the joint affidavit shall be punishable under this act. authorization for warrant of arrest
 It shall be considered a classified information.  Rule on custody of information same rule applies for custody of recordings,
- Unauthorized revelation of classified materials is punishable under intercepted information, etc as stated above.
this act.  Rule on evidentiary value same as above.
 To open the sealed package, a written application shall be made to the CA  Bank officials and employees or member of the Board or financial institution
- Any person who corrupts or destroys the data shall be liable who refuses to allow the examination of deposits, placements, trust
accounts, assets and records in defiance of a court authorization shall be
• Evidentiary value of deposited materials held liable.
 It is admissible against anybody in any judicial, legislative, administrative
investigation, inquiry proceeding or hearing • Seizure and Sequestration –
UNLESS - the same was procured in violation of the Act . In such case, the  The following may be seized and sequestered for the reason that it is
aggrieved party may be allowed access to the sealed package and use the inimical to safety and security of the people or injurious to the interest of the
contents thereof as evidence in the prosecution of the law enforcement State –
officers who tapped the same. i. Deposits
ii. Outstanding balances
• Period of detention without judicial warrant of arrest – iii. Placements
 3 days from the moment the charged or suspected person has been iv. Trust accounts
apprehended, arrested, detained or taken into custody. v. Assets
 The law enforcers shall present the suspected person before any judge at vi. Records in any bank or financial institutions
the suspect’s residence or any office nearest the place where the arrest vii. Moneys
took place before such person be detained viii. Businesses
 The arrested person shall be afforded the rights of the accused – right to ix. Transportation
counsel, etc. x. Communication equipment, supplies and implements
 No threat, intimidation, coercion or an act which will inflict any form of xi. Property of whatever kind and nature belong to the terrorist
physical pain, torment, mental, moral or psychological pressure that will BUT – accused upon authorization from the court may withdraw amounts for
vitiate free-will shall be made on the arrested person the following –
OTHERWISE – any evidence obtained from the said person shall be 1. Reasonable needs of his family or counsel
absolutely inadmissible in any proceeding. 2. Medical needs of his family
3. Use of property
 Nature of seized, sequestered and frozen accounts – it is a property held in
• Judicial authorization required to examine bank deposits, accounts and trust by the bank or financial institution for such person. During the
records – Application thereof shall be filed in the CA pendency of the case, the government may use or dispose the same
 Scope of the authorization given – subject to the approval of the court.
i. Examine, or cause the examination of the deposits,  Disposition of the funds –
placements, trusts, accounts, assets and records in a bank - If accused is acquitted – the seizure, sequestration and
or financial institution freezing of the same is automatically lifted
ii. Gather or cause the gathering of any relevant information - If convicted – automatically forfeited in favor of the
about such deposits, placements, trust accounts, assets and government
records from a bank or financial institution  Unjustified refusal or delay in the restoration of the items shall be
 Persons whose bank accounts, etc. may be examined – punishable under this act.
1. Those charges or suspected of the crime of terrorism or  Loss, misuse, diversion or dissipation of the items shall be punishable
conspiracy to commit terrorism
• Infidelity in the Custody of detained persons

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 Deliberate act, misconduct or excusable negligence of public officer thus 7. To recruit, hire, adopt, transport or abduct a person, by means of threat or
causing or allowing the escape of detained persons is punishable under this use of force, fraud, deceit, violence, coercion, or intimidation for the
act. purpose of removal or sale of organs of said person and
8. To recruit, transport or adopt a child to engage in armed activities in the
• Trial proper Philippines or abroad.
 There shall be a continuous trial from Monday to Friday
 Acquittal of accused or dismissal of the case shall not be a bar to another • Acts that promote trafficking –
prosecution for any offense or felony under the RPC or other special laws 1. To knowingly lease or sublease, use or allow to be used any house,
necessarily included in the offense charged building or establishment for the purpose of promoting trafficking in
 Damages of 500K per day for unproven charges of terrorism where the persons
accused was arrested without a warrant as a result of such accusation. 2. To produce, print and issue or distribute unissued, tampered or fake
Criminal or administrative charges may also be filed against the law counseling certificates, registration stickers and certificates of any
enforcers. government agency which issues these certificates and stickers as proof
of compliance with government regulatory and pre-departure
• Commission on Human Rights requirements for the purpose of promoting trafficking in persons
3. To advertise, publish, print, broadcast or distribute, or cause the
 Highest priority shall be given to the investigation and prosecution of
advertisement, publication, printing, broadcasting or distribution by any
violations of civil and political rights of persons in relation to the
means, including the use of information technology and the internet, of
implementation of this act.
any brochure, flyer, or any propaganda material that promotes trafficking
 Concurrent jurisdiction to prosecute public officials, law enforcer and other
in persons
persons who have violated the civil and political rights of the accused.
4. 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
RA 9208 – LAW ON TRAFFICKING IN PERSONS registration and services for departing persons for the purpose of
promoting trafficking in persons
• Acts covered – 5. To facilitate, assist or help in the exit and entry of persons from/to the
1. To recruit, transport, transfer; harbor, provide, or receive a person by any country at international and local airports, territorial boundaries and
means, including those done under the pretext of domestic or overseas seaports who are in possession of unissued, tampered or fraudulent
employment or training or apprenticeship, for the purpose of prostitution, travel documents for the purpose of promoting trafficking in persons
pornography, sexual exploitation, forced labor, slavery, involuntary 6. To confiscate, conceal, or destroy the passport, travel documents, or
servitude or debt bondage personal documents or belongings of trafficked persons in furtherance of
2. To introduce or match for money, profit, or material, economic or other trafficking or to prevent them from leaving the country or seeking redress
consideration, any person or, as provided for under Republic Act No. from the government or appropriate agencies
6955, any Filipino woman to a foreign national, for marriage for the 7. To knowingly benefit from, financial or otherwise, or make use of, the
purpose of acquiring, buying, offering, selling or trading him/her to engage labor or services of a person held to a condition of involuntary servitude,
in prostitution, pornography, sexual exploitation, forced labor, slavery, forced labor, or slavery
involuntary servitude or debt bondage
3. To offer or contract marriage, real or simulated, for the purpose of • Who may file a complaint for trafficking?
acquiring, buying, offering, selling, or trading them to engage in  Any person who has personal knowledge of the commission of any offense
prostitution, pornography, sexual exploitation, forced labor or slavery, which includes –
involuntary servitude or debt bondage i. Trafficked person
4. To undertake or organize tours and travel plans consisting of tourism ii. Parents
packages or activities for the purpose of utilizing and offering persons for iii. Spouse
prostitution, pornography or sexual exploitation iv. Siblings
5. To maintain or hire a person to engage in prostitution or pornography v. Children
6. To adopt or facilitate the adoption of persons for the purpose of vi. Legal guardian
prostitution, pornography, sexual exploitation, forced labor, slavery, • Venue
involuntary servitude or debt bondage a. where the offense was committed

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b. where any of the elements occurred  Sexual exploitation - refers to participation by a person in prostitution or the
c. where the trafficked person actually resides at the time of production of pornographic materials as a result of being subjected to a threat,
the commission of the offense deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or
through abuse of a victim's vulnerability.
• Prescriptive period
 Generally, 10 years from the day the trafficked person is delivered or
released from the conditions of bondage
PD 1653 – MENDICANCY
BUT – if committed by a syndicate or large scale, it is 20 years
 Interruption – filing of a complaint or information Persons liable –
BUT – runs again when proceedings terminate without the accused being 1. Mendicant – those with no visible and legal means of support, or lawful
convicted or acquitted or are unjustifiably stopped for any reason not employment and physically able to work but neglects to apply himself to lawful
imputable to the accused. calling and instead uses begging as means of living – higher penalty if convicted
2 or more times
• Trial proper 2. Any person who abets mendicancy by giving alms on public roads, sidewalks,
 A closed-door investigation, prosecutor or trial may be order by the court parks and bridges except if given through authorized organized agencies
after considering all circumstances for the best interest of the parties.
 If it is closed door – it is shall be unlawful for any editor, publisher and  Persons below 18 years of age is exempt from prosecution under PD 1653 and
reporter or columnist in case of printed materials, announcer or producer to sniffing of rugby under PD 1619
cause publicity of any case of trafficking
 Any person who buys or engages the services of a trafficked person for
prostitution is also penalized
 A foreigner shall be deported after serving his sentence and shall be RA 3019 – ANTI-GRAFT AND CORRUPT PRACTICES ACT
permanently barred from entering the country
 Trafficked person who institutes a separate civil action for the recovery of Persons liable –
civl damages – exempt from payment of docket fee 1. Any public officer
2. Any person having family or close personal relation with any public official who
 All proceeds and properties derived from the commission of the crime shall
shall capitalize or exploit or take advantage of such family or close personal
be forfeited in favor of the government
relation by directly or indirectly requesting or requesting or receiving any
UNLESS – If it belongs to 3rd persons who are not liable for the unlawful act
present, gift or material, or pecuniary advantage from any person having some
 Trafficked persons are recognized as victim of trafficking and shall not be
business, transaction, application, request or contract with the government in
penalized for the crimes directly related to trafficking.
which such official has to intervene
 Consent of trafficked person is irrelevant 3. Any person who shall knowingly induce or cause any public official to commit
such offenses
 Trafficking in persons – refers to the recruitment, transportation, transfer, or 4. Spouse or any relative by consanguinity or affinity within the 3rd civil degree of
harboring, or receipt of persons with or without the victim’s consent or the President, Vice-President, President of the Senate or Speaker of the HR who
knowledge, within or across national borders by means of threat or use of force, shall intervene directly or indirectly, in any business transaction, contract or
or other forms of coercion, abduction, fraud, deception, abuse of power or of application with the government
position, taking advantage of the vulnerability of the person, or, the giving or  Does not apply to –
receiving of payments or benefits to achieve the consent of a person having a. any person who, prior to the assumption of office of
control over another person for the purpose of exploitation which includes at a any of the above officials to whom he is related, has been already
minimum, the exploitation or the prostitution of others or other forms of sexual dealing with the government along the same line of business
exploitation, forced labor or services, slavery, servitude or the removal or sale of b. any transaction, contract or application already
organs. It shall also involve any of mean not set forth in the definition. existing or pending at the time of such assumption of public office
 Sex tourism - refers to a program organized by travel and tourism-related c. any application filed by him, the approval of which
establishments and individuals which consists of tourism packages or activities, is not discretionary on the part of the officials concerned but depends
utilizing and offering escort and sexual services as enticement for tourists. This upon compliance with requisites provided by law, or rules or
includes sexual services and practices offered during rest and recreation periods regulations issued pursuant to law
for members of the military.
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d. any act lawfully performed in an official capacity or d. No attempted or frustrated stage – only consummated stage
in the exercise of a profession 6. Neglecting or refusing, after due demand or request, without sufficient
5. Any member of the Congress, during the term for which he has been elected, justification, to act within a reasonable time on any matter pending before him for
who shall acquire or receive any personal pecuniary interest in any specific the purpose of obtaining directly or indirectly, from any person interested in the
business enterprise which shall be directly and particularly favored or benefited matter some pecuniary or material benefit or advantage, or for the purpose of
by any law or resolution authored by him previously approved o adopted by favoring his own interest or giving undue advantage in favor of or discriminating
Congress during his term against any other interested party
6. Any public officer who recommended the initiation in Congress of an enactment 7. Entering, on behalf of the Government, into contract or transaction manifestly
or adoption of a law or resolution and acquires or receives such interest during and grossly disadvantageous to the same, whether or not the public officer
his incumbency profited or will profit thereby
7. Any public officer who shall fail to file a true and detail sworn statement of assets 8. Directly or indirectly having financial or pecuniary interest in any business,
and liabilities within 30 days after assuming office and thereafter on or before contract, or transaction in connection with which he intervenes or take part in his
April 15 following the close of the calendar year and upon the expiration of his official capacity, or in which he is prohibited by the Constitution or by any law
term of office or upon his resignation or separation from office from having any interest – he must divest his interest
9. Directly or indirectly becoming interested for personal gain, or having a material
Acts punished – interest in any transaction or act requiring the approval of a board, panel, or
1. Persuading, inducing or influencing another public officer to perform an act group of which he is a member, and which exercises discretion in the approval,
constituting a violation of rules and regulations duly promulgated by competent even if he votes against the same or does not participate in the action of the
authority or an offense in connection with the official duties of the latter, or board, committee, panel or group
allowing himself to be persuaded, induced or influence to commit such offense 10. Knowingly approving or granting any license, permit, privilege or benefit in favor
 Persuasion need not be successful. of any person not qualified for or not legally entitled to such license, permit,
2. Directly or indirectly requesting or receiving any gift, presence, share, privilege or advantage or of a mere representative or dummy of one who is not
percentage or benefit for himself or for any other person in connection with any so qualified or entitled
contract or transaction between the government and ay other party wherein the 11. Divulging valuable information of a confidential character, acquired by his office
public officer in his official capacity has to intervene under the law or by him on account of his official position to unauthorized persons, or releasing
3. Directly or indirectly requesting or receiving any gift, present or other pecuniary such information in advance of its authorized release date
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 Prima Facie evidence of and dismissal due to unexplained wealth –
or obtain any government permit or license, in consideration for the help given or 1. If a public official has been found to have acquired during his incumbency,
to be given whether in his name or in the name of other persons, an amount of property or
 If the act does not fall under 2 and 3, the crime is direct bribery money manifestly out of proportion to his salary and to his other lawful income
4. Accepting or having any member of his family accept employment in a private 2. Properties in the name of the spouse and dependents of such public official may
enterprise which has pending official business with him or within one year after be taken into consideration, when their acquisition through legitimate means
its termination cannot be satisfactorily shown
 This act is mala prohibita. Thus, the public officer need not have 3. Bank deposits in the name of or manifestly excessive expenditures incurred by
recommended the employment the public official, his spouse or any of their dependents including but not limited
to activities in any club, association or any ostentatious display of wealth
5. Using any undue injury to any party including the Government, or giving any including frequent travel abroad of a non-official character by any public official
private party any unwarranted benefits, advantages or preference in the when such activities entail expenses evidently out of proportion to legitimate
discharge of official, administrative or judicial function through manifest partiality, income
evident bad faith or gross inexcusable negligence.
a. Applies to officers and employees of offices or government corporations
 Under the jurisdiction of Sandiganbayan
charged with the grant of licenses or permits or other concessions
b. Best defense – partiality is not manifest  Prescriptive period is 15 years, except – unsolicited gifts or presents of small or
c. Arias doctrine – this defense applies in a case where the accused is an insignificant value offered or given as a mere ordinary token of gratitude of
approving officer and is on trial for signing an unjust contract. The friendship according to local customs or usage
defense that the approving officer relied on the prior signatures of his  A public officer shall not be allowed to resign or retire pending an investigation
subordinates and had no reason to suspect wrong-doing and was  Suspension while pending in court after valid information cannot be automatic and
swamped with a lot of documents on that day that he signed the loss of benefits if convicted by final judgment; maximum duration of the
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suspension is 90 days. In case of acquittal, reinstatement and salaries and benefits private enterprise regulated, supervised or licensed by their office
which he failed to received unless expressly allowed by law – 1 year prohibition applies
 Courts are not bound by the statement of assets and liabilities filed 3. Engage in the private practice of their profession unless
 Penalty of forfeiture can be applied retroactively
authorized by the Constitution or law, provided, that such practice
will not conflict or tend to conflict with their official functions – 1
year prohibition only applies to those in connection with any matter
RA 6713 – Code of Conduct and Ethical Standards for Public Officials and before the office he used to be with
Employees
4. Recommend any person to any position in a private enterprise
which has a regular or pending official transaction with their office.
 Public office is a public trust.
– 1 year prohibition applies
 Main points of the law – accountability to the people and public interest
over private interest. 5. Disclosure and/or misuse of confidential information – to further
 Emphasis on conflict of interest private interest, give undue advantage to another or to the
 Public Officer – elective, appointive, permanent, temporary, whether in prejudice of public interest
the career or non-career service including military and police personnel, 6. Solicitation or acceptance of gift
whether or not receiving compensation.  Allowed undertakings – Gifts or grants from foreign government, the
 In RA 3019, the public officer must be receiving compensation no matter Congress consents to –
how nominal, whereas in RA 6713, he may not be a compensated PO. 1. The acceptance and retention by a public official or employee of a
 The offense does not include gifts that are unsolicited which are of nominal gift of nominal value tendered and received as a souvenir or mark
value, not given in anticipation of or in exchange of a favor from a PO. of courtesy
 Family shall include spouses and children below 18 years old. Relatives 2. The acceptance by a public official or employee of a gift in the
shall include those related to the PO within the 4th civil degree of affinity or nature of a scholarship or fellowship grant or medical treatment; or
consanguinity 3. The acceptance by a public official or employee of travel grants or
 Conflict of interest – arises when a PO is a member of a board, an officer expenses for travel taking place entirely outside the Philippine of
or stockholder of a private corporation or owner or has substantial interest more than nominal value if such acceptance is appropriate or
in a business and the interest of such corporation of business, or his rights consistent with the interests of the Philippines, and permitted by
or duties therein, may be opposed to or affected by the faithful the head of office, branch or agency to which he belongs.
performance of official duty.  Teaching of law by a member of the judiciary – allowed by law, provided
 Norms and conduct – Professionalism, Justice and Sincerity, Simple that a permit is acquired from the office of the court administrator.
Living, Professionalism, Political Neutrality, Responsiveness to the public,  In case of Conflict of Interest –
Nationalism and Patriotism, Commitment to public interest and 1. Resignation in any private business enterprise within 30 days from
commitment to democracy. his assumption of office, or
 Duties of public officers – 2. Divest his shareholdings or interest within 60 days from
1. Act promptly on letters and requests assumption, except –
2. Submit annual performance reports a. Those who serve the government in an honorary capacity
3. Process documents and paper expeditiously b. Laborers and casual or temporary workers
4. Act immediately on the public’s personal transactions  Ombudsman can dismiss employees even without criminal proceedings.
5. Make documents more accessible to the public  Private individuals who participate in conspiracy as co-principals,
 Prohibited acts and transactions – accessories or accomplices may be held liable under RA 6713.
1. Financial and material interest. - Public officials and employees
shall not, directly or indirectly, have any financial or material
interest in any transaction requiring the approval of their office.
2. Own, control, manage or accept employment as officer, employee, RA 6539 – Anti-Carnapping Act
consultant, counsel, broker, agent, trustee or nominee in any
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effect contradicts the entries in said statements. It must be
 Carnapping – is the taking, within intent to gain, of a motor vehicle belonging yo
another without the latter’s consent, or be means of violence, intimidation of
emphasized, however, that in determining whether or not there
persons or force upon things. is unexplained wealth within the purview of R.A. No. 1379 the
 Motor vehicle shall be used in public highways. It may be one of the exempt motor courts are not bound by the statements of assets and liabilities
vehicles but if used in public highways, it is carnapping. filed by the respondent.* On the contrary, this statute affords
 Exempt vehicles – the respondent every opportunity to explain, to the satisfaction
1. Used in public highways of the court, how he had acquired the property in question
2. Propelled by muscular power [Sec. 5, R.A. No. 1379.]
3. Runs on trails and tracks In sum, the presumption under Sec. 2 of R.A. No. 1379
4. Used exclusively for agricultural purposes that the subject properties were unlawfully acquired had been
 If there is a resulting death by reason of carnapping, crime is carnapping not successfully rebutted by private respondents through
carnapping with homicide. It also includes the crime of rape. competent evidence. Hence, the Intermediate Appellate Court
People v Tan January 21, 2000 - There is no carnapping because the owner
consented to the test drive of the car and such consent was not withdrawn.
did not err in affirming the trial court's decision dismissing the
Republic's petition.
The provisions of the law creates a presumption
against the public officer or employee who acquires a property
grossly disproportionate to his income, i.e. that the property
RA 1379 – An Act Declaring Forfeiture in Favor of the State any Property Found was unlawfully acquired. However, this presumption is juris
to be unlawfully acquired – Unexplained wealth tantum. It may be rebutted by the public officer or employee by
showing to the satisfaction of the court that his acquisition of
 It is an administrative proceeding not a criminal prosecution. No penal the property was lawful.
sanction but there is a penalty but involving a past act.
 It creates a presumption juris tantum against unexplained wealth of PO.

PD 533
ANTI-CATTLE RUSTLING LAW
Republic vs IAC and Simplicio Berdon
G.R. No. 74225. April 17, 1989 Cattle Rustling and Qualified Theft of Large Cattle - The crime of
cattle-rustling is defined and punished under Presidential Decree No. 533,
The Court has carefully gone over the evidence presented the Anti-Cattle Rustling law of 1974, as the taking by any means, method
by private respondents, and like the trial court and the or scheme, of any large cattle, with or without intent to gain and whether
Intermediate Appellate Court, finds the acquisition of the committed with or without violence against or intimidation of person or
subject properties satisfactorily explained. force upon things, so long as the taking is without the consent of the
While respondent spouses had acquired properties and owner/breed thereof. The crime includes the killing or taking the meat or
constructed a house the costs of which were disproportionate hide of large cattle without the consent of the owner.
to their combined incomes from their employment in the
government, it had been proved that such were financed Since the intent to gain is not essential, the killing or destruction
through a donation and loans. of large cattle, even without taking any part thereof, is NOT a crime of
The Solicitor General also makes much of the fact that the malicious mischief BUT cattle-rustling.
statements of assets and liabilities filed by private respondent
Simplicio Berdon covering the years material to the case did The Presidential Decree, however, does not supersede the crime
not accurately reflect the donation and the loans granted to of qualified theft of large cattle under Article 310 of the Revised Penal
private respondent spouses and that Simplicio's testimony in Code, but merely modified the penalties provided for theft of large cattle
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and, to that extent, amended Articles 309 and 310. Note that the overt act 3. If a person is seriously injured or killed as a result or on the
that gives rise to the crime of cattle-rustling is the taking or killing of occasion of the commission of cattle rustling - reclusion perpetua to
large cattle. Where the large cattle was not taken, but received by the death
offender from the owner/overseer thereof, the crime is not cattle-rustling;
it is qualified theft of large cattle.
If the property taken is a large cattle the crime falls under PD 533. If the
Where the large cattle was received by the offender who property taken is not a large cattle (but small cattle) then it is simple
thereafter misappropriated it, the crime is qualified theft under Article theft.
310 if only physical or material possession thereof was yielded to him. If
both material and juridical possession thereof was yielded to him who Large Cattle = does not include goats (Pp vs. NAZARENO, infra) and pigs.
misappropriated the large cattle, the crime would be estafa under Article
315 (1b). PEOPLE vs. HON. RAMON NAZARENO
G.R. No. L-40037. April 30, 1976
Presidential Decree No. 533 is not a special law in the context of
Article 10 of the Revised Penal Code. It merely modified the penalties The legal issue in this case is whether the theft of two goats valued
at one hundred fifty pesos is qualified theft.
provided for theft of large cattle under the Revised Penal Code and
amended Article 309 and 310. This is explicit from Section 10 of the Private respondents were charged with qualified theft in Cebu
Presidential Decree. Consequently, the trial court should not have for having allegedly stolen two female goats valued at P150, penalized
convicted the accused of frustrated murder separately from cattle- under the RPC.
rustling, since the former should have been absorbed by cattle-rustling The Supreme Court ruled that goats cannot be categorized as
large and therefore larceny of two goats valued at P150.00 constitute
as killing was a result of or on the occasion of cattle-rustling. It should
only simple theft punishable under Article 309(4) of the Revised Penal
only be an aggravating circumstance. But because the information did Code,
not allege the injury, the same can no longer be appreciated; the crime We hold that the CFI and the Sol. Gen. are in error because the
should, therefore be only, simple cattle-rustling. (People v. Martinada, theft of two goats is not qualified theft. It is simple theft. Goats do not
February 13, 1991) belong to the category of "large cattle" as contemplated in article 310
of the Revised Penal Code.
The term "cattle" refers to domesticated quadrupeds such as
sheep, horses and swine, or to bovine animals such as cows, bulls and
Presumption of cattle rustling (Sec. 7) steers. The term "large cattle" in article 310 refers to ganado mayor
Every person having in his possession, control or custody of such as mules, as distinguished from ganado menor like sheep. Small
large cattle shall, upon demand by competent authorities, exhibit the cattle are known as ganado lanar y cabrio. The terms lanar and cabrio
documents prescribed in the preceding sections. Failure to exhibit the refer to sheep and goats, respectively.
required documents shall be prima facie evidence that the large cattle in Act No. 2030, which amended articles 503, 508, 512 and 520 of
his possession, control, or custody are the fruits of the crime of cattle the old Penal Code regarding theft of large cattle, provides that for
purposes of that law the term "large cattle" includes "carabaos,
rustling horses, mules, asses, and all members of the bovine family" (Art. 367
of the Revised Penal Code repealed Act No. 2030).
Penalties (Sec. 8) According to the dictionary, the word "bovine" refers to animals
related to or resembling oxen or cows. They belong to the genus Bos
Irrespective of the value of the large cattle involved:
(Bovidae). While goats may be included in the term "cattle", or belong
1. Without violence against or intimidation of persons or force to the bovine family (genus Capra), they cannot be included in the term
upon things - prision mayor in its maximum period to reclusion temporal "large cattle". To include goats in the term "large cattle" would render
in its medium period meaningless the adjective "large". The law evidently has made a
2. With violence against or intimidation of person or force upon distinction between large cattle and small cattle.
things - the penalty of reclusion temporal in its maximum period to
reclusion perpetua shall be imposed.
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As goats cannot be categorized as large cattle, the larceny of two
goats valued at P150 is simple theft punishable under article 309(4) of
the Revised Penal Code by imprisonment for two months and one day
of arresto mayor medium to two years and four months of prision
correccional minimum.

ARTICLE 311
THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL
MUSEUM

Q: Mr. X took property from the national museum, what is the crime
committed?
A: the crime is theft of property of the national library or national
museum, not theft only. Reason: this is no ordinary theft, the penalty is
higher.

RA 6235 ACTS INIMICAL TO CIVIL AVIATION

Sec. 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.
x x x
Sec. 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.

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