Professional Documents
Culture Documents
-Proof of any of these three (manifest To hold a person liable under this
partiality, evident bad faith, or gross section, the concurrence of the
inexcusable negligence) in connection following elements must be
with the prohibited acts mentioned in established, viz:
Sec. 3(e) of R.A. No. 3019 is enough to 1. that the accused is a public officer or
convict a person with violation of Sec. a private
3 (e) of R.A. No. 3019. (Sison v. person charged in conspiracy with
People, March 9, 2010) the former;
2. that said public officer commits the
-“Partiality” is synonymous with “bias” prohibited acts
which “excites a disposition to see and during the performance of his or her
report matters as they are wished for official duties
rather than as they are.” (Sison v. or in relation to his or her public
People, March 9, 2010) positions;
3. that he or she causes undue injury to
-Manifest Partiality exists when the any party,
accused has a clear, notorious, or plain whether the government or a private
inclination or predilection to favor one party; and
side or one person rather than another. 4. that the public officer has acted with
It is synonymous with bias, which manifest
excites a disposition to see and report partiality, evident bad faith or gross
matters as they are wished for rather inexcusable
negligence. The presentation in evidence of the
“buy-bust” money is not
Sec. 3(g). Entering, on behalf of the indispensable for the conviction of
government, into any contract or
an accused provided that the sale of
transaction manifestly and grossly
disadvantageous to the same, whether marijuana is adequately proven by
or not the public officer profited or will the prosecution. (People vs.
profit thereby. Pascual, 208 SCRA 393)
Elements under Sec. 3(g) of R.A. 3019: The elements necessary for the
To be indicted of the offense under prosecution of illegal sale of drugs are:
Sec. 3(g) of R.A. No. 3019, the following
elements must be present: (1) the identity of the buyer and
a. that the accused is a public officer; the seller, the object, and
b. that he entered into a contract or consideration; and
transaction on behalf of the
government; and (2) the delivery of the thing sold
c. that such contract or transaction is and the payment thereof.
grossly and manifestly
disadvantageous to the government -What is material to the prosecution for
(Guy v. People, 582 SCRA 108, March illegal sale of dangerous drugs is the
20. 2009) proof that the transaction or sale
actually took place, coupled with the
A private person shall be held liable presentation in court of evidence of
together with the public officer if there corpus delicti. (People vs. Macatingag,
is an allegation of conspiracy. G.R. No. 181037, January 19, 2009)
The notice of dishonor of a check may On the other hand, in BP. 22, the
be sent to the drawer or maker, by the mere act of issuing an unfunded check
drawee bank, the holder of the check, is an offense against public order to
or the offended party. (Ambito vs. stem the harm caused by these
People, 579 SCRA 68, February 13, bouncing checks to the community.
2009) (Mitra vs. People, July 05, 2010).
ELEMENTS OF THE SECOND
PARAGRAPH OF SECTION 1 OF BP.22. Third, in estafa, the failure of the
drawer to deposit the amount
necessary to secure payment of the
This way of violating B.P.22
check within 3 days from receipt of
suggests that at the time the check was
notice from the bank and or the payee
issued, the issuer had sufficient funds
or holder that said check has been
in or credit with the drawee bank.
dishonored for lack or insufficiency of
However, the check was dishonored
funds is prima facie evidence of deceit
when presented for payment within 90
constituting false pretense or
days from its date for failure to
fraudulent act.
maintain sufficient funds or credit to
cover the amount.
In B.P. 22, the failure of the
drawer to pay in full the payee or
The elements are as follows:
holder within 5 banking days after
receiving notice that the check has
a) any person, makes or draws and
been rejected by the drawee bank gives
issues a check;
rise to presumption of knowledge of
insufficiency of funds or credit.
b) such person has sufficient funds in or
credit with the drawee bank;
Fourth, in estafa, the check is
issued in payment of a simultaneous
c) failure to keep sufficient funds or to
obligation to defraud the creditor.
maintain a credit to cover the full
amount of the check if presented
In B.P. 22, the check is issued in
within a period of ninety (90) days
payment of a pre-existing obligation.
from the date appearing thereon;
Fifth, in estafa, an endorser who
d) for which reason it is dishonored by
is with knowledge that the check is
the drawee bank.
worthless and had acted with deceit is
COMPARISON OF VIOLATION OF BP 22
liable.
FROM ESTAFA UNDER PAR. 2 [D],
ARTICLE 315, OF THE REVISED PENAL In B.P. 22, the persons liable are
CODE. the maker, drawer and the issuer but
not an endorser.
First, the elements of estafa
Lastly, since estafa is mala in se,
under paragraph 2(d), Article 315 of
good faith is a proper defense.
the RPC are (1) the postdating or
issuance of a check in payment of an B.P. 22 is mala prohibitum, it is
obligation contracted at the time the punished by a special law and
check was issued; (2) lack of sufficiency therefore, good faith is not a defense.
of funds to cover the check; and (3)
damage to the payee. (Cajigas vs. “SIMULTANEOUS OBLIGATION” FROM
“PRE-EXISTING” OBLIGATION.
People, 580 SCRA 54, February 23,
2009) “Simultaneous obligation” as an
element of estafa connotes that the
For violation of the “Bouncing issuance of a check is used as a means
Check Law”, deceit and damage are not to obtain valuable consideration from
essential or required. The essential the payee. Deceit is the efficient cause
element of the offense is knowledge on for defraudation. To defraud is to
the part of the maker or drawer of the deprive some right, interest, or
check of the insufficiency of his funds. property by deceitful devise. (People
The gravamen of the offense is the vs.Quesada, 60 Phil. 515)
In the issuance of a check in c. Under B.P. Blg. 22, the prosecution
payment of a “pre-existing obligation”, must prove not only that the accused
the drawer derives no material benefit issued a check that was
in return as its consideration had long subsequently dishonored. It must
been delivered to him before the check also establish that the accused was
was issued. Since an obligation has actually notified that the check was
already been contracted, the accused in dishonored, and that he or she
this case obtain nothing when he failed, within five (5) banking days
issued the check, his debt for the from receipt of the notice, to pay the
payment thereof had been contracted holder of the check the amount due
prior to its issuance. thereon or to make arrangement for
its payment.
There is deceit when one is
misled -- by guile, trickery or by other
means - to believe as true what is really
false. (Dy vs. People, 571 SCRA 59,
November 14, 2008) d. Prescription is a proper defense. The
prescriptive period is 4 years
Damage as an element of estafa reckoned from the lapse of the five
may consist in (1) the offended party (5) banking days from notice of
being deprived of his money or property dishonor within which to make good
as a result of the defraudation; (2) the check.
disturbance in property right; or (3)
temporary prejudice. (Nagrampa vs. e. Forgery of the signature appearing
People, 386 SCRA 412). on the check (Ilusorio vs. Court of
Appeals, 353 SCRA 89)
-If the crime committed with the use of (b) converts, transfers,
a loose firearm is penalized by the law disposes of, moves,
with a maximum penalty which is lower acquires, possesses or
than that prescribed in Sec. 28 of R.A. uses said monetary
No. 10591, the penalty for illegal instrument or property;
possession of firearm shall be imposed
in lieu of the penalty for the crime (c) conceals or
charged. disguises the true
nature, source,
location, disposition, proceeding relating to the unlawful
movement or activity.
ownership of or rights
with respect to said
monetary instrument or
property; AS AMENDED BY RA 10167, HOW IS THE
FREEZE ORDER OF MONETARY
INSTRUMENT OR PROPERTY RELATED
(d) attempts or TO UNLAWFUL ACTIVITY MADE? (SEC.
conspires to commit 10)
money laundering
offenses referred to in Previously, RA 9194 amended
paragraphs (a), (b) or Section 10 of RA 9160 to read as
(c); follows:
-THE LAW USES THE TERM A CHILD Under Section 5(b), Article III of
“SUBJECT TO SEXUAL ABUSE”. WHEN IS Republic Act (RA) 7610 in relation to RA
A CHILD DEEMED SUBJECTED TO 8353, if the victim of sexual abuse is
“OTHER SEXUAL ABUSE”? below 12 years of age, the offender
should not be prosecuted for sexual
1. A child is deemed subjected abuse but for statutory rape under
to other sexual abuse when Article 266-A(1)(d) of the Revised Penal
the child indulges in Code and penalized with reclusion
lascivious conduct under the perpetua.
coercion or influence of any
adult. R.A. 7610 covers not On the other hand, if the victim
only child prostitution but is 12 years or older, the offender should
also other forms of sexual be charged with either sexual abuse
abuse. Olivarez vs. Court of under Section 5(b) of RA 7610 or rape
Appeals, 465 SCRA 465(2005) under Article 266-A (except paragraph
1[d]) of the Revised Penal Code.
2. In lascivious conduct under However, the offender cannot be
the coercion or influence of accused of both crimes for the same act
any adult, there must be because his right against double
some form of compulsion jeopardy will be prejudiced. A person
equivalent to intimidation cannot be subjected twice to criminal
which subdues the free liability for a single criminal act. People
exercise of the offended vs. Abay, 580 SCRA 235(2009)
party’s free will. Jojit
Garingarao vs. People, G.R. CAN RAPE INSTEAD BE COMPLEXED
No. 192760, July 20, 2011 WITH A VIOLATION OF SECTION 5 (B) OF
RA 7610?
-Each incident of sexual intercourse
and lascivious act with a child under Rape cannot be complexed with
the circumstances mentioned in Art. III, a violation of Section 5(b) of RA 7610.
§5 of R.A. No. 7160 is a separate and Under Section 48 of the Revised Penal
distinct offense. Lavides vs. Court of Code (on complex crimes), a felony
Appeals, 324 SCRA 321 [2001] under the Revised Penal Code (such as
rape) cannot be complexed with an
-WHAT MUST BE PRESENT FOR offense penalized by a special law.
CONSENSUAL SEXUAL INTERCOURSE OR (People v. Abay 580 SCRA 235,
LASCIVIOUS CONDUCT WITH A MINOR, February 24, 2009).
WHO IS NOT EXPLOITED IN
PROSTITUTION, TO FALL WITHIN THE CAN AN ACCUSED BE CONVICTED OF
PURVIEW OF SECTION 5(B) OF R.A. NO. ACTS OF LASCIVIOUSNESS UNDER THE
7610? REVISED PENAL CODE INSTEAD OF
VIOLATION OF SECTION 5 (B) OF R.A.
In People v. Court of Appeals, 7610?
562 SCRA 619, August 20, 2008, the
Supreme Court held: Yes. The special circumstance
that the child is “subjected to other
“For consensual se sexual abuse” is not an element in the
xual intercourse or crime of acts of lasciviousness under
lascivious conduct with a Article 336 of the Revised Penal Code.
minor, who is not
exploited in prostitution, ARE THE RULES OF OFFSETTING THE
to thus fall within the MODIFYING CIRCUMSTANCES
purview of Section 5(b) of APPLICABLE IN R.A. 7610, IT BEING A
R.A. No. 7610, SPECIAL LAW?
“persuasion, inducement,
enticement or coercion” Notwithstanding that R.A. 7610
of the child must be is a special law, appellant may enjoy
present.” the benefits of the Indeterminate
Sentence Law. Since the penalty
provided in R.A. 7610 is taken from the
range of penalties in the Revised Penal The penalty to be imposed shall
Code, it is covered by the first clause of be in its maximum period.
Section 1 of the Indeterminate
MAY A PERSON WHO IS FOUND TO
Sentence Law. HAVE COMMITTED THE CRIME OF
TORTURE BE BENEFITED FROM ANY
JURISPRUDENTIAL DOCTRINE. SUBSEQUENT SPECIAL AMNESTY LAW?
Section 5, Article III of RA 7610 No. They are excluded from the
provides: The Court ruled that a child coverage of special amnesty law. (Sec.
is deemed subject to other sexual 16)
abuse when the child is the victim of
_______________________________________
lascivious conduct under the coercion
or influence of any adult. In lascivious
THE ANTI-SEXUAL HARASSMENT ACT OF
conduct under the coercion or influence 1995
of any adult, there must be some form Republic Act No. 7877
of compulsion equivalent to
intimidation which subdues the free
exercise of the offended party’s free WHO MAY COMMIT SEXUAL
will. In this case, Garingarao coerced HARASSMENT?
AAA into submitting to his lascivious
acts by pretending that he was It is committed by an employer,
examining her. (GARINGARAO vs. employee, manager, supervisor, agent
PEOPLE , G.R. No. 192760: July 20, of the employer, teacher, instructor,
2011) professor, coach, trainor, or any other
person who, having authority, influence
or moral ascendancy over another in a
work or training or education
environment, demands, requests or
For consensual sexual intercourse or otherwise requires any sexual favor
lascivious conduct with a minor, who is from the other, regardless of whether
the demand, request or requirement for
not exploited in prostitution, to thus
submission is accepted by the object of
fall within the purview of Section 5(b) said act (Sec.3).
of R.A. No. 7610, "persuasion,
inducement, enticement or coercion" of WHO ELSE MAY BE LIABLE?
the child must be present. (PEOPLE vs.
COURT OF APPEALS and OLAYON, G.R. Any person who directs or
No. 171863, August 20, 2008) 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
THE ANTI- TORTURE ACT
also be held liable under this Act
Republic Act 9745
(Sec.3).
_____________________________________________
(3) When the sexual favor is made a (a) When the trafficked person is
condition to the giving of a passing a child;
grade, or the granting of honors and
scholarships, or the payment of a (b) When the adoption is
stipend, allowance or other benefits, effected through Republic Act No. 8043,
privileges, or consideration; or otherwise known as the "Inter-Country
Adoption Act of 1995" and said
(4) When the sexual advances result in an adoption is for the purpose of
intimidating, hostile or offensive prostitution, pornography, sexual
environment for the student, trainee or exploitation, forced labor, slavery,
apprentice (Sec.3). involuntary servitude or debt bondage;
DIOSCORO F. BACSIN vs. EDUARDO O.
WAHIMAN
BAR Q. [2012] When the adoption of a
G.R. No. 146053, April 30, 2008
child is effected under the Inter-
Doctrine: It is not necessary that the Country Adoption Act for the purpose
demand, request, or requirement of a of prostitution, what is the proper
sexual favor be articulated in a charge against the offender who is a
categorical oral or written statement. It public officer in relation to the
may be discerned, with equal certitude, exploitative purpose?
from the acts of the offender.
a. acts that promote
2TERESITA G. NARVASA vs. BENJAMIN A. trafficking in persons;
b. trafficking in persons;
SANCHEZ, JR.
c. qualified trafficking in
G.R. No. 169449, March 26, 2010
persons;
d. use of trafficked person.
Doctrine: Assuming arguendo that
respondent never intended to violate (c) When the crime is committed by a
RA 7877, his attempt to kiss petitioner syndicate, or in large scale.
was a flagrant disregard of a customary
rule that had existed since time
immemorial – that intimate physical c.1 When is Trafficking deemed
contact between individuals must be committed
consensual. Respondent’s defiance of by a syndicate?
custom and lack of respect for the
opposite sex were more appalling If it carried out by a group of
because he was a married man. three (3) or more persons
Respondent’s act showed a low regard conspiring or confederating with
for women and disrespect for one another.
petitioner’s honor and dignity.
c.2 When is Trafficking deemed
SHARON S. ALEGRIA vs. JUDGE MANUEL committed in large scale?
N. DUQUE
A.M. No. RTJ-06-2019, 04 April 2007 If it committed against three
(3) or more persons, individually
Doctrine: Sexual harassment in the or as a group.
workplace is not about a man taking
(d) When the offender is an ascendant, acts as described in Section 1 (d)
parent, sibling, guardian or a person hereof in the aggregate amount or
who exercises authority over the total value of at least Fifty million
trafficked person or when the offense is
pesos (P50,000,000.00) shall be guilty
committed by a public officer or
employee; of the crime of plunder and shall be
punished by reclusion perpetua to
(e) When the trafficked person is death. Any person who participated
recruited to engage in prostitution with with the said public officer in the
any member of the military or law commission of an offense contributing
enforcement agencies; to the crime of plunder shall likewise
be punished for such offense. In the
(f) When the offender is a member of imposition of penalties, the degree of
the military or law enforcement participation and the attendance of
agencies; and mitigating and extenuating
circumstances, as provided by the
(g) When by reason or on occasion of
Revised Penal Code, shall be
the act of trafficking in persons, the
offended party dies, becomes insane, considered by the court”.
suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or STATE THE RULE OF EVIDENCE FOR
the Acquired Immune Deficiency PURPOSES OF ESTABLISHING THE
Syndrome (AIDS).(Sec.6). CRIME OF PLUNDER.