Special Penal Laws RA 7877 – ANTI-SEXUAL HARASSMENT ACT • Limited scenario – 1. Work-related or employment environment 2.

Education environment 3. Training related activities or environment • Possible offenders –

 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 have been committed, shall be liable under this Act.

 Employers or Head Officers may be liable solidarily for damages, if sexual harassment is committed and no immediate action is taken.

RA 7610 – CHILD ABUSE LAW • Possible Offenders – 1. Those who engage, promote, facilitate or induce child prostitution 2. Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to sexual abuse 3. Those who derive profit or advantage from it – Manager or owner of the
establishment where child prostitution takes place

Committed by employer, manager, supervisor, co-employee, agent of the employer, teacher, instructor, professor, coach, trainor or any other person. –
maybe committed by a man or woman

 Offender has authority, influence, and moral ascendancy  Involves a demand, request or requirement of sexual favor  Acceptance - immaterial • Commission in work-related or employment environment –  Sexual favor as condition in the following : i. hiring ii. employment iii. re-employment iv. continued employment v. granting of favorable compensation, terms of condition, promotions or privileges  Refusal to grant sexual favor results in limiting, segregating or classifying employees that will discriminate, deprive or diminish employment opportunities or otherwise adversely affect the employee  The acts impairs employee rights and privileges under labor laws  Acts results in an intimidating, hostile or offensive environment for employee • Commission in educational or training environment –  Victims include following : i. One who is under the care, custody or supervision of the offender ii. One whose education, training, apprenticeship or tutorship is entrusted to the offender  Sexual favor as condition to the giving of passing grade, granting honors or scholarship, or payment of a stipend, allowance or other benefits, privileges or consideration  Acts result in an intimidating, hostile or offensive environment for the student, trainee or apprentice  In rape, grave abuse of authority is required. If acquitted, prosecution on sexual harassment may be made.  Employee may be charged with sexual harassment by another employee – moral ascendancy is required
Special Penal Laws

• Attempt to commit child prostitution under RA 7610 – 1. Any person found alone with the child in hidden or secluded area under circumstance which leads a reasonable person to believe that a child is about to be exploited in prostitution and other sexual abuse, except if he is a relative 2. Any person who receives services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishment • Elements of child prostitution –  Engaging in sexual intercourse or acts of lasciviousness with a child  It is for money or profit or due to coercion     Victim may be male or female child Child below 12 years old – Statutory rape or acts of lasciviousness Child is between 12 and 18 years old – Prosecution under RA 7610 Child trafficking – is an act of buying and selling a child for money, or any other consideration or barter

RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004  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.  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 under the RPC  Battery – refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological emotional distress
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threat or intimidation  Hazing is committed outside the school or institution  At the time of hazing. Unlawful manufacture. assemble. Parents. 2004 To be considered a battered woman. Unlawful manufacture. then she is considered a battered woman. Fraternity or sorority adviser who is present during hazing and failed to take action to prevent it from happening [PRINCIPAL] 6. neophyte or applicant initially consent to join but prevented from quitting when he learned that there shall be a hazing  Recruit. mental or psychological training duly approved is not hazing  Hazing covers both killing and the infliction of physical injuries RA 8294 – LAW PENALIZING ILLEGAL POSSESSION OF FIREARMS AND EXPLOSIVES • Scope of unlicensed firearms –  Firearms with expired license. School authorities and faculty member who – [ACCOMPLICE] i. sale. dispose or possess any  Low-powered firearm  Part of a firearm  Ammunition  Machinery. group or organization when they have actual knowledge of the hazing conducted but failed to prevent it from happening [PRINCIPAL] 4. deal. acquire. neophyte or applicant in some humiliating situations. manager. Consents to the activity. or alumni involved in the actual planning of the hazing even if absent during hazing [PRINCIPAL] 5. former officers. deal. president. threat. sale. 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 legal authority to be carried outside of their residence in the course of employment 2. Tampering of firearm serial number 4. violence. sorority or organization by placing the recruit. Has actual knowledge but failed to take any action to prevent it from happening 8. Any person who unlawfully manufacture. director or other responsible officer of a corporation engaged in hazing as a requisite for employment [PRINCIPAL] 7. or ii. acquisition or disposition of explosives 3. sorority or organization who actually participated in the infliction of physical harm [PRINCIPAL] 2. If a woman is in an abusive relationship with a man and it occurs the second time but remains in the situation. intimidation or deceit on the recruit who refuses to join  Recruit. Unauthorized issuance of authority to carry firearms or ammunitions outside of residence • Possible Offenders – 1. Repacking or altering the composition of lawfully manufactured explosives 5. or  Unauthorized use of licensed firearm in the commission of the crime • Acts punished – 1. the accused and her spouse must go through the battering cycle at least twice.PEOPLE v GENOSA Jan 15. President. a. acquire. director or other responsible officer of any company who willfully. Officers and members of fraternity. Any person who unlawfully manufacture. neophyte or applicant is prevented from reporting hazing through force. manager. dispose or possess –  Hand grenades Page 2 of 12 Sheds • Qualifying circumstances – Max. Officers or member who knowingly cooperated in carrying out the hazing by inducing the victim to be present in it [PRINCIPAL] 3. the victim us below 12 years old • When is hazing punishable?  Physical injury  Death Special Penal Laws . silly. acquisition or disposition of firearms and ammunitions 2. if hazing is held in the home of once of the officers or members of the fraternity. Officers. penalty  Recruitment accompanied by force. tool or instrument used or intended to be used in the manufacture of any firearm or ammunition b. Any person who carries any licensed firearm outside his residence without legal authority to do so 3. a. including forcing him to do menial. violence. 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]  Hazing – initiation rite as a prerequisite for membership in a fraternity. The owner.  Presence during hazing is prima facie evidence of participation as principal unless he prevented the commission of hazing – without qualification  Mitigating circumstance of no intention to commit so grave a wrong – not available in the crime of hazing even if there is no intention to kill – Death is not the result of intention RA 8049 – ANTI-HAZING LAW • Possible Offenders – 1. foolish and similar acts or subjecting him to physical or psychological suffering or injury  Physical.

Act Illegal possession only – no other crime Other crimes. There is a presumption against the public officer or employee who acquires a property grossly disproportionate to his income. casual. 1997 Burden of proof is on prosecution. it must still be shown that there was animus possidendi or an intent to possess on the part of the accused. or attempted coup d’etat. 1997 Retroactive effect of a lower penalty. REPUBLIC v IAC April 17. or harmless possession of firearms is not punishable. Public officer 2. like alarms and scandals. Any person who shall unlawfully repack. 2 crimes are committed – 1. Possession to convict one under PD 1866 – one where the accused possessed a firearm either physically or constructively with animus possidendi or intention to possess it. incidental. possess a firearm or explosives ii.  Temporary. 1989 In determining whether there is unexplained wealth or not. It is not an aggravating circumstance. The following must be proved –  Existence of the subject firearm  Fact of ownership and possession of the accused  No license or permit to possess the same GONZALES v PEOPLE August 18. Violation of PD 1866 2. Example is on where the accused stole a firearm and is in possession of the same when arrested. detonation agents or incendiary device resulted to death of any person – it is an aggravating circumstance  Ownership of the firearm or ammunition is not a defense PEOPLE v VERCHEZ June 15. Special Penal Laws RA 9372 – HUMAN SECURITY ACT OF 2007 • Terrorism – is the commission of a person of any act punishable under any of the following provisions of the RPC 1. It may be rebutted by contrary evidence. Any private person in conspiracy with the public officer  Ill gotten wealth amounts to 50M and above – plunder coverage  If there is plunder and malversation. sedition. Art 134 – Rebellion or insurrection 3. change. it is absorbed in an offense which may carry a heavier penalty. Example is when a person picks up a weapon or hands it to another to examine or hold for a moment. 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 faith and without criminal intent. 1998 Rodolfo’s intentions was to turn over the ammunitions which is owned by the NPA and denies possession of the same. tools or instrument used directly for manufacture of firearms and ammunitions gives rise to a presumption of illegal manufacture of it  If crime is committed with the use of explosives. It is not an important element for the conviction under this law. Conviction for illegal possession may be evaded on conviction for illegal possession by committing lighter offense. PEOPLE v VILLANUEVA July 15. only one information shall be filed because malversation is absorbed in plunder  RA 1379 on forfeiture of ill gotten wealth – creates a presumption juris tantum. coup d’etat What is the crime? Illegal possession Illegal possession is not a separate offense. The essential elements of illegal possession of firearms and exclusive are – i. Art 122 – Piracy in General and Mutiny in the High Seas or in the Philippine Waters 2. attempted. Criminal intent is the intent of the accused to commit an offense with the use of an unlicensed firearm. Violation of resolution on gun ban  High powered firearm – those firearms with firing capability of full automatic and by burst of two or three. Any person who shall unlawfully tamper. Art 134A – Coup d’etat. In order to be found guilty.  Transient possession is not sufficient to convict one. Illegal possession is absorbed as an element of it PEOPLE v DELA ROSA Jan 16. 1994 Holding of firearm is illegal if there is no license or permit to hold the same regardless of the period of possession. alter or modify the composition of any lawfully manufactured explosives PEOPLE v LADJAALAM 2000 No penalty for illegal possession. RA 7080 – AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER – read page 117 ateneo notes • Possible offenders – 1. the courts are not bound by the statement of assets and liabilities filed by the respondent. including acts committed by private persons Page 3 of 12 Sheds . number of any firearm 4. Control and management of the firearm is immaterial.  Possession of machinery. Rifle grenades  Other explosives  Other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death b.  Animus possidendi is a state of mind that may be proven by prior and coetaneous acts of the accused and the surrounding circumstances. Offender is free from charges of illegal conviction Murder or homicide with a special aggravating circumstance of illegal possession Rebellion or insurrection. except murder or homicide Murder or homicide Rebellion or insurrection. sedition. deface or erase the seria. that the property is unlawfully acquired. lacks authority or license to possess the same While mere possession without criminal intent is sufficient to convict a person for illegal possession of firearm.  Carrying of firearms outside ones residence during Gun Ban.

PD 1613 – The Law on Arson 8. 4 months one day to 20 years of imprisonment Sec 6. in order to coerce the government to give in to an unlawful demand  Penalty = 40 years imprisonment without benefit of Parole    Who may be an accessory/ + Any person who has knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism. Surveillance of Suspects and interception and recording of communications GR : RA 4200 Anti-wire tapping Law may be set aside if in pursuance to surveillance of suspects and interception and recording of communications of terrorists – order from CA required EXC – Communications between 1. or to the solution or prevention of any crimes will be obtained iii. concealing or assisting in the escape of the principal or conspirator of the crime Notwithstanding the above. Conspiracy to commit terrorism  There is conspiracy – when two or more persons come to an agreement concerning the commission of the crime of terrorism and decide to commit the same  Penalty = 40 years imprisonment Sec 7. Acquisition or Disposition of Firearms. and adopted brothers and sisters. there is no other effective means readily available for acquiring such evidence  Effective period = based on the length of time specified in the written order but shall not exceed 30 days from receipt of written order. descendants. Accessory Special Penal Laws • Custody of intercepted and recorded communications Page 4 of 12 Sheds . natural.Such person may be placed under house arrest by court order at his usual place of residence. RA 5207 – Atomic Energy Regulatory and Liability Act of 1968 10. there is probable cause to believe based on personal knowledge of the facts or circumstances that evidence which is essential to the conviction of any charged or suspected person for. associations or group of persons?  Any organization. by concealing or destroying the body of the crime. doctors and patients 3. there is probable cause to believe based on personal knowledge of facts or circumstances that the said crimes of terrorism or conspiracy to commit terrorism has been committed or is being committed. PD 532 – Anti-Piracy and Anti-highway Robbery Law of 1974 12. RA 6969 – Toxic Substance and Hazardous Nuclear Waster Control Act of 1990 9. the penalties for accessories shall not be imposed upon those who are such with respect to their spouses. either as principal or accomplice under articles 17 and 18 RPC. he may be granted bail but shall be subject to travel restrictions that he may only travel within the city or municipality where he resides or where the case is pending . association or group of persons organized for the purpose of engaging in terrorism or although not organized for such purpose. Ammunitions or Explosives Thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace. with the single exception of accessories falling within the provision of subpar a Penalty = 10 years 1 days to 12 years of imprisonment • Who are considered terrorist and outlawed organizations. or relatives by affinity within the same degree. journalists and their sources and confidential business correspondence • Judicial authorization  Requisites for judicial authorization by CA – i. Art 324 Crimes involving destruction Or Under – 7. or is about to be committed ii. Sec 5. Sec 4. or the effects. provided that it is for public interest. actually uses the acts to terrorize mentioned in this act or to sow and create a condition of widespread and extraordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand. ascendants. legitimate. lawyers and clients 2. RA 6235 – Anti-Hijacking Law 11. Dealing in. takes part subsequent to its commission in any of the following manner a. Art 267 – Kidnapping and Serious Illegal Detention 6. by harboring. Manufacture. and without having participated therein. as amended (Decree Codifying the Law on Illegal and Unlawful Possession. or instrument thereof in order to prevent its discovery c. When under house arrest he may not use any items as a means of communication with people outside the residence until ordered by the court. Art 248 – Murder 5. by profiting himself of assisting the offender to profit by the effects of the crime b. May be extended only once but shall not exceed 30 days.4. Accomplice  Penalty = 17 years. If evidence of guilt is not strong. PD 1866.

False or untruthful statements or misrepresentation of material facts in the joint affidavit shall be punishable under this act. • Judicial authorization required to examine bank deposits.  The law enforcers shall present the suspected person before any judge at the suspect’s residence or any office nearest the place where the arrest took place before such person be detained  The arrested person shall be afforded the rights of the accused – right to counsel. may be examined – 1. sequestered and frozen accounts – it is a property held in trust by the bank or financial institution for such person. Assets vi. assets and records in a bank or financial institution ii. Use of property  Nature of seized. It shall be considered a classified information. Reasonable needs of his family or counsel 2. moral or psychological pressure that will vitiate free-will shall be made on the arrested person OTHERWISE – any evidence obtained from the said person shall be absolutely inadmissible in any proceeding. misuse.the same was procured in violation of the Act . • Period of detention without judicial warrant of arrest –  3 days from the moment the charged or suspected person has been apprehended. etc. Transportation x. sequestration and freezing of the same is automatically lifted If convicted – automatically forfeited in favor of the government  Unjustified refusal or delay in the restoration of the items shall be punishable under this act. Trust accounts v. law enforcement officials and members of his team. Placements iv. Outstanding balances iii.  Disposition of the funds – If accused is acquitted – the seizure. During the pendency of the case. Examine. Records in any bank or financial institutions vii. Medical needs of his family 3. . Communication equipment. In such case. association or group of persons and its members Effective period = same period in judicial authorization for judicial authorization for warrant of arrest Rule on custody of information same rule applies for custody of recordings. supplies and implements xi. coercion or an act which will inflict any form of physical pain. etc as stated above. the aggrieved party may be allowed access to the sealed package and use the contents thereof as evidence in the prosecution of the law enforcement officers who tapped the same. accounts. Businesses ix. administrative investigation. legislative. assets and records in defiance of a court authorization shall be held liable. Those judicially declared and outlawed terrorist organization. trust accounts. intercepted information.  Loss. Gather or cause the gathering of any relevant information about such deposits. 2. . torment. trust accounts.Unauthorized revelation of classified materials is punishable under this act. trusts. Deposits ii. inquiry proceeding or hearing UNLESS . Moneys viii. accounts and records – Application thereof shall be filed in the CA  Scope of the authorization given – i. Bank officials and employees or member of the Board or financial institution who refuses to allow the examination of deposits. placements. placements. the government may use or dispose the same subject to the approval of the court. mental. placements. To open the sealed package. Property of whatever kind and nature belong to the terrorist BUT – accused upon authorization from the court may withdraw amounts for the following – 1. Rule on evidentiary value same as above. intimidation. arrested.  No threat. a written application shall be made to the CA Any person who corrupts or destroys the data shall be liable     • Evidentiary value of deposited materials  It is admissible against anybody in any judicial. etc. assets and records from a bank or financial institution  Persons whose bank accounts. or cause the examination of the deposits. diversion or dissipation of the items shall be punishable • Infidelity in the Custody of detained persons Special Penal Laws Page 5 of 12 Sheds .   Deposited to the CA within 48 hours after expiration of the period fixed in a sealed package with joint affidavit of the police officers. detained or taken into custody. Those charges or suspected of the crime of terrorism or conspiracy to commit terrorism • Seizure and Sequestration –  The following may be seized and sequestered for the reason that it is inimical to safety and security of the people or injurious to the interest of the State – i.

pornography or sexual exploitation 5. territorial boundaries and seaports who are in possession of unissued. conceal. buying. printing. RA 9208 – LAW ON TRAFFICKING IN PERSONS • Acts covered – 1. Parents iii. slavery. publish. law enforcer and other persons who have violated the civil and political rights of the accused. print. • Trial proper  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 prosecution for any offense or felony under the RPC or other special laws necessarily included in the offense charged  Damages of 500K per day for unproven charges of terrorism where the accused was arrested without a warrant as a result of such accusation. To produce. 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 3. 8. To facilitate. transfer. selling. or trading them to engage in prostitution. broadcast or distribute. To maintain or hire a person to engage in prostitution or pornography 6. forced labor or slavery. 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 7. involuntary servitude or debt bondage Special Penal Laws • Acts that promote trafficking – 1. slavery. where the offense was committed Page 6 of 12 Sheds . To adopt or facilitate the adoption of persons for the purpose of prostitution. transport. 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 5. including the use of information technology and the internet. assist or help in the exit and entry of persons from/to the country at international and local airports. Deliberate act. any Filipino woman to a foreign national. selling or trading him/her to engage in prostitution. sexual exploitation. as provided for under Republic Act No. Criminal or administrative charges may also be filed against the law enforcers. slavery. tampered or fraudulent travel documents for the purpose of promoting trafficking in persons 6. or cause the advertisement. To recruit. Trafficked person ii. sexual exploitation. forced labor. To knowingly lease or sublease. involuntary servitude or debt bondage 2. or make use of. provide. for the purpose of prostitution. building or establishment for the purpose of promoting trafficking in persons 2. Children vi. flyer. offering. misconduct or excusable negligence of public officer thus causing or allowing the escape of detained persons is punishable under this act. or any propaganda material that promotes trafficking in persons 4. transport or adopt a child to engage in armed activities in the Philippines or abroad. 6955. broadcasting or distribution by any means. profit. To knowingly benefit from. real or simulated. involuntary servitude or debt bondage 3. deceit. buying. of any brochure. financial or otherwise. transport or abduct a person. sexual exploitation. involuntary servitude or debt bondage 4. hire. sexual exploitation. economic or other consideration. Siblings v. To recruit. for the purpose of acquiring. travel documents. or slavery • Who may file a complaint for trafficking?  Any person who has personal knowledge of the commission of any offense which includes – i. • Commission on Human Rights  Highest priority shall be given to the investigation and prosecution of violations of civil and political rights of persons in relation to the implementation of this act. forced labor. use or allow to be used any house. pornography. or material. publication. forced labor. pornography. for marriage for the purpose of acquiring. or receive a person by any means. any person or. coercion. offering. the labor or services of a person held to a condition of involuntary servitude. Spouse iv.  Concurrent jurisdiction to prosecute public officials. 7. or destroy the passport. tampered or fake counseling certificates. including those done under the pretext of domestic or overseas employment or training or apprenticeship. harbor. forced labor. adopt. To introduce or match for money. pornography. Legal guardian • Venue a. To confiscate. violence. To advertise. by means of threat or use of force. print and issue or distribute unissued. fraud. To offer or contract marriage. To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution. or intimidation for the purpose of removal or sale of organs of said person and To recruit. pornography.

abduction. within or across national borders by means of threat or use of force. application. • Trial proper  A closed-door investigation. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or requesting or receiving any present. any transaction.refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat. Sex tourism . the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum. PD 1653 – MENDICANCY Persons liable – 1. sidewalks. or harboring. transaction. any application filed by him. or lawful employment and physically able to work but neglects to apply himself to lawful calling and instead uses begging as means of living – higher penalty if convicted 2 or more times 2. fraud. has been already dealing with the government along the same line of business b. Mendicant – those with no visible and legal means of support. 10 years from the day the trafficked person is delivered or released from the conditions of bondage BUT – if committed by a syndicate or large scale. debt bondage. contract or application already existing or pending at the time of such assumption of public office c. announcer or producer to 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 permanently barred from entering the country  Trafficked person who institutes a separate civil action for the recovery of civl damages – exempt from payment of docket fee  All proceeds and properties derived from the commission of the crime shall be forfeited in favor of the government UNLESS – If it belongs to 3rd persons who are not liable for the unlawful act  Trafficked persons are recognized as victim of trafficking and shall not be penalized for the crimes directly related to trafficking. It shall also involve any of mean not set forth in the definition. abduction. coercion. force. Any person who abets mendicancy by giving alms on public roads. it is 20 years  Interruption – filing of a complaint or information BUT – runs again when proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused. deception. fraud or through abuse of a victim's vulnerability. request or contract with the government in which such official has to intervene 3. transfer. where the trafficked person actually resides at the time of the commission of the offense • Prescriptive period  Generally. or pecuniary advantage from any person having some business. prosecutor or trial may be order by the court after considering all circumstances for the best interest of the parties. or. or other forms of coercion.refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities. the approval of which is not discretionary on the part of the officials concerned but depends upon compliance with requisites provided by law. forced labor or services. the exploitation or the prostitution of others or other forms of sexual exploitation. abuse of authority. slavery. President of the Senate or Speaker of the HR who shall intervene directly or indirectly. or receipt of persons with or without the victim’s consent or knowledge.  Consent of trafficked person is irrelevant Trafficking in persons – refers to the recruitment. abuse of power or of position. any person who.b. deception. transportation. parks and bridges except if given through authorized organized agencies  Persons below 18 years of age is exempt from prosecution under PD 1653 and sniffing of rugby under PD 1619 RA 3019 – ANTI-GRAFT AND CORRUPT PRACTICES ACT Persons liable – 1.  Sexual exploitation . Any person who shall knowingly induce or cause any public official to commit such offenses 4. contract or application with the government  Does not apply to – a. Spouse or any relative by consanguinity or affinity within the 3rd civil degree of the President. This includes sexual services and practices offered during rest and recreation periods for members of the military. gift or material. prior to the assumption of office of any of the above officials to whom he is related. in any business transaction. servitude or the removal or sale of organs. utilizing and offering escort and sexual services as enticement for tourists. Vice-President. publisher and reporter or columnist in case of printed materials. where any of the elements occurred c. Any public officer 2. or rules or regulations issued pursuant to law Page 7 of 12 Sheds   Special Penal Laws . taking advantage of the vulnerability of the person.  If it is closed door – it is shall be unlawful for any editor.

even if he votes against the same or does not participate in the action of the board. committee. permit. without sufficient justification. whether or not the public officer profited or will profit thereby 8. Thus. privilege or advantage or of a mere representative or dummy of one who is not so qualified or entitled 11. Arias doctrine – this defense applies in a case where the accused is an approving officer and is on trial for signing an unjust contract. or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party 7. privilege or benefit in favor of any person not qualified for or not legally entitled to such license. into contract or transaction manifestly and grossly disadvantageous to the same. to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him or within one year after its termination  This act is mala prohibita. 7. or releasing such information in advance of its authorized release date 6. acquired by his office or by him on account of his official position to unauthorized persons. administrative or judicial function through manifest partiality. permit. the crime is direct bribery 4. present or other pecuniary or material benefit. or transaction in connection with which he intervenes or take part in his official capacity. or in which he is prohibited by the Constitution or by any law from having any interest – he must divest his interest 9. evident bad faith or gross inexcusable negligence. Knowingly approving or granting any license. Directly or indirectly becoming interested for personal gain. who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved o adopted by Congress during his term Any public officer who recommended the initiation in Congress of an enactment or adoption of a law or resolution and acquires or receives such interest during his incumbency Any public officer who shall fail to file a true and detail sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before April 15 following the close of the calendar year and upon the expiration of his term of office or upon his resignation or separation from office Acts punished – 1. for himself or for another from any person for whom the public officer. Persuading. association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income   Under the jurisdiction of Sandiganbayan Prescriptive period is 15 years. on behalf of the Government. maximum duration of the Sheds   Page 8 of 12 . Bank deposits in the name of or manifestly excessive expenditures incurred by the public official. during the term for which he has been elected. panel. percentage or benefit for himself or for any other person in connection with any contract or transaction between the government and ay other party wherein the public officer in his official capacity has to intervene under the law 3. 6. The defense that the approving officer relied on the prior signatures of his subordinates and had no reason to suspect wrong-doing and was swamped with a lot of documents on that day that he signed Special Penal Laws d. Directly or indirectly having financial or pecuniary interest in any business. after due demand or request.5. when their acquisition through legitimate means cannot be satisfactorily shown 3. any act lawfully performed in an official capacity or in the exercise of a profession Any member of the Congress. Prima Facie evidence of and dismissal due to unexplained wealth – 1. or allowing himself to be persuaded. or group of which he is a member. or having a material interest in any transaction or act requiring the approval of a board. panel or group 10. except – unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage A public officer shall not be allowed to resign or retire pending an investigation Suspension while pending in court after valid information cannot be automatic and the loss of benefits if convicted by final judgment. whether in his name or in the name of other persons. Directly or indirectly requesting or receiving any gift. presence. has secured or obtained or will secure or obtain any government permit or license. Entering. Using any undue injury to any party including the Government. induced or influence to commit such offense  Persuasion need not be successful. Directly or indirectly requesting or receiving any gift. d. the public officer need not have recommended the employment 5. Properties in the name of the spouse and dependents of such public official may be taken into consideration. an amount of property or money manifestly out of proportion to his salary and to his other lawful income 2. 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. 2. Applies to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions b. share. a. his spouse or any of their dependents including but not limited to activities in any club. from any person interested in the matter some pecuniary or material benefit or advantage. Divulging valuable information of a confidential character. in consideration for the help given or to be given  If the act does not fall under 2 and 3. in any manner or capacity. advantages or preference in the discharge of official. Best defense – partiality is not manifest c. and which exercises discretion in the approval. or giving any private party any unwarranted benefits. No attempted or frustrated stage – only consummated stage Neglecting or refusing. contract. If a public official has been found to have acquired during his incumbency.

directly or indirectly. Family shall include spouses and children below 18 years old. give undue advantage to another or to the prejudice of public interest 6. whether or not receiving compensation.  suspension is 90 days. Solicitation or acceptance of gift  Allowed undertakings – Gifts or grants from foreign government. The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy 2. Engage in the private practice of their profession unless authorized by the Constitution or law.Public officials and employees shall not. the public officer must be receiving compensation no matter how nominal. Those who serve the government in an honorary capacity b. Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. broker. RA 6539 – Anti-Carnapping Act Page 9 of 12 Sheds Special Penal Laws . Political Neutrality.  Teaching of law by a member of the judiciary – allowed by law. or 2. appointive. provided. whether in the career or non-career service including military and police personnel. 2. Submit annual performance reports 3. or 3. The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippine of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines. control. accessories or accomplices may be held liable under RA 6713. The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment. permanent. Laborers and casual or temporary workers  Ombudsman can dismiss employees even without criminal proceedings. temporary. counsel. Act immediately on the public’s personal transactions 5. Norms and conduct – Professionalism. In case of acquittal. . Divest his shareholdings or interest within 60 days from assumption. Commitment to public interest and commitment to democracy. – 1 year prohibition applies 5. The offense does not include gifts that are unsolicited which are of nominal value. supervised or licensed by their office unless expressly allowed by law – 1 year prohibition applies 3. provided that a permit is acquired from the office of the court administrator. have any financial or material interest in any transaction requiring the approval of their office. Main points of the law – accountability to the people and public interest over private interest. manage or accept employment as officer. Relatives shall include those related to the PO within the 4th civil degree of affinity or consanguinity Conflict of interest – arises when a PO is a member of a board. Make documents more accessible to the public Prohibited acts and transactions – 1. branch or agency to which he belongs. Nationalism and Patriotism. Process documents and paper expeditiously 4. Disclosure and/or misuse of confidential information – to further private interest. trustee or nominee in any private enterprise regulated. he may not be a compensated PO. and permitted by the head of office. 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 before the office he used to be with 4. Responsiveness to the public. Emphasis on conflict of interest Public Officer – elective. may be opposed to or affected by the faithful performance of official duty. except – a. agent. Financial and material interest. Justice and Sincerity.  In case of Conflict of Interest – 1. Duties of public officers – 1. Simple Living. In RA 3019.  Private individuals who participate in conspiracy as co-principals. the Congress consents to – 1. an officer or stockholder of a private corporation or owner or has substantial interest in a business and the interest of such corporation of business. or his rights or duties therein. not given in anticipation of or in exchange of a favor from a PO. whereas in RA 6713. Resignation in any private business enterprise within 30 days from his assumption of office. employee. consultant. Own. Act promptly on letters and requests 2. reinstatement and salaries and benefits which he failed to received Courts are not bound by the statement of assets and liabilities filed Penalty of forfeiture can be applied retroactively RA 6713 – Code of Conduct and Ethical Standards for Public Officials and Employees            Public office is a public trust. Professionalism.

Since the intent to gain is not essential. 2 of R. While respondent spouses had acquired properties and constructed a house the costs of which were disproportionate to their combined incomes from their employment in the government. and like the trial court and the Intermediate Appellate Court. It may be one of the exempt motor vehicles but if used in public highways.  Exempt vehicles – 1. 74225.  RA 1379 – An Act Declaring Forfeiture in Favor of the State any Property Found to be unlawfully acquired – Unexplained wealth   It is an administrative proceeding not a criminal prosecution. is NOT a crime of malicious mischief BUT cattle-rustling. The Solicitor General also makes much of the fact that the statements of assets and liabilities filed by private respondent Simplicio Berdon covering the years material to the case did not accurately reflect the donation and the loans granted to private respondent spouses and that Simplicio's testimony in Special Penal Laws Cattle Rustling and Qualified Theft of Large Cattle . crime is carnapping not carnapping with homicide. Used exclusively for agricultural purposes  If there is a resulting death by reason of carnapping. this presumption is juris tantum. No. that in determining whether or not there is unexplained wealth within the purview of R.Carnapping – is the taking. but merely modified the penalties provided for theft of large cattle Page 10 of 12 Sheds . does not supersede the crime of qualified theft of large cattle under Article 310 of the Revised Penal Code.* On the contrary. or be means of violence.] In sum. the Anti-Cattle Rustling law of 1974. No. it is carnapping. April 17. it had been proved that such were financed through a donation and loans.A. that the property was unlawfully acquired.The crime of cattle-rustling is defined and punished under Presidential Decree No. however.A. method or scheme. Propelled by muscular power 3. The crime includes the killing or taking the meat or hide of large cattle without the consent of the owner. Hence.e. The Presidential Decree. No. i. It must be emphasized. Runs on trails and tracks 4. with or without intent to gain and whether committed with or without violence against or intimidation of person or force upon things. even without taking any part thereof. 1379 the courts are not bound by the statements of assets and liabilities filed by the respondent. to the satisfaction of the court. It also includes the crime of rape. However. PD 533 ANTI-CATTLE RUSTLING LAW Republic vs IAC and Simplicio Berdon G.A. 1379. the Intermediate Appellate Court did not err in affirming the trial court's decision dismissing the Republic's petition.R. finds the acquisition of the subject properties satisfactorily explained.There is no carnapping because the owner consented to the test drive of the car and such consent was not withdrawn. 1989 The Court has carefully gone over the evidence presented by private respondents. It may be rebutted by the public officer or employee by showing to the satisfaction of the court that his acquisition of the property was lawful. the killing or destruction of large cattle. within intent to gain. of a motor vehicle belonging yo another without the latter’s consent. this statute affords the respondent every opportunity to explain. so long as the taking is without the consent of the owner/breed thereof. 2000 . No penal sanction but there is a penalty but involving a past act. of any large cattle. R. 1379 that the subject properties were unlawfully acquired had been successfully rebutted by private respondents through competent evidence.  Motor vehicle shall be used in public highways. It creates a presumption juris tantum against unexplained wealth of PO. The provisions of the law creates a presumption against the public officer or employee who acquires a property grossly disproportionate to his income. however. 5. how he had acquired the property in question [Sec. No. the presumption under Sec. as the taking by any means. intimidation of persons or force upon things. 533. People v Tan January 21. Used in public highways 2. effect contradicts the entries in said statements.

533 is not a special law in the context of Article 10 of the Revised Penal Code. 1991) 3. It is simple theft. simple cattle-rustling. but received by the offender from the owner/overseer thereof. Martinada. 512 and 520 of the old Penal Code regarding theft of large cattle. control or custody of large cattle shall. the crime would be estafa under Article 315 (1b). February 13. PEOPLE vs. are in error because the theft of two goats is not qualified theft.00 constitute only simple theft punishable under Article 309(4) of the Revised Penal Code. Where the large cattle was received by the offender who thereafter misappropriated it. amended Articles 309 and 310. 8) Irrespective of the value of the large cattle involved: 1. (People v. mules. 1976 The legal issue in this case is whether the theft of two goats valued at one hundred fifty pesos is qualified theft. which amended articles 503. Act No. they cannot be included in the term "large cattle". the trial court should not have convicted the accused of frustrated murder separately from cattlerustling. Private respondents were charged with qualified theft in Cebu for having allegedly stolen two female goats valued at P150. horses. The law evidently has made a distinction between large cattle and small cattle. the word "bovine" refers to animals related to or resembling oxen or cows. 367 of the Revised Penal Code repealed Act No. the crime is qualified theft under Article 310 if only physical or material possession thereof was yielded to him. or custody are the fruits of the crime of cattle rustling Penalties (Sec. control. Small cattle are known as ganado lanar y cabrio. as distinguished from ganado menor like sheep.prision mayor in its maximum period to reclusion temporal in its medium period 2. 2030). to that extent. RAMON NAZARENO G. the same can no longer be appreciated. If the property taken is not a large cattle (but small cattle) then it is simple theft. NAZARENO. the crime is not cattle-rustling. infra) and pigs. horses and swine. since the former should have been absorbed by cattle-rustling as killing was a result of or on the occasion of cattle-rustling. Special Penal Laws Page 11 of 12 Sheds .R. With violence against or intimidation of person or force upon things .the penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed. Without violence against or intimidation of persons or force upon things . penalized under the RPC. L-40037. They belong to the genus Bos (Bovidae). asses. Failure to exhibit the required documents shall be prima facie evidence that the large cattle in his possession. If both material and juridical possession thereof was yielded to him who misappropriated the large cattle. upon demand by competent authorities. We hold that the CFI and the Sol. therefore be only. HON. or belong to the bovine family (genus Capra). It merely modified the penalties provided for theft of large cattle under the Revised Penal Code and amended Article 309 and 310. While goats may be included in the term "cattle".and. The Supreme Court ruled that goats cannot be categorized as large and therefore larceny of two goats valued at P150. The terms lanar and cabrio refer to sheep and goats. According to the dictionary. But because the information did not allege the injury. April 30.reclusion perpetua to death If the property taken is a large cattle the crime falls under PD 533. Consequently. bulls and steers. Where the large cattle was not taken. If a person is seriously injured or killed as a result or on the occasion of the commission of cattle rustling . or to bovine animals such as cows. exhibit the documents prescribed in the preceding sections. Presumption of cattle rustling (Sec. To include goats in the term "large cattle" would render meaningless the adjective "large". and all members of the bovine family" (Art. Presidential Decree No. 2030. provides that for purposes of that law the term "large cattle" includes "carabaos. Note that the overt act that gives rise to the crime of cattle-rustling is the taking or killing of large cattle. Goats do not belong to the category of "large cattle" as contemplated in article 310 of the Revised Penal Code. It should only be an aggravating circumstance. the crime should. No. The term "cattle" refers to domesticated quadrupeds such as sheep. respectively. This is explicit from Section 10 of the Presidential Decree. Large Cattle = does not include goats (Pp vs. 7) Every person having in his possession. it is qualified theft of large cattle. Gen. 508. The term "large cattle" in article 310 refers to ganado mayor such as mules.

and explosive. what is the crime committed? A: the crime is theft of property of the national library or national museum. ARTICLE 311 THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM Q: Mr. Special Penal Laws Page 12 of 12 Sheds . 3. the penalty is higher. x x x Sec. natural or juridical. while it is in flight. RA 6235 ACTS INIMICAL TO CIVIL AVIATION Sec. not theft only. X took property from the national museum. 1. 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. 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.As goats cannot be categorized as large cattle. flammable. corrosive or poisonous substance or material. to ship. Reason: this is no ordinary theft. It shall be unlawful for any person. load or carry in any passenger aircraft operating as a public utility within the Philippines. or to seize or usurp the control thereof. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of Philippine registry. 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.

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