ICT-ED INSTITUTE OF SCIENCE AND TECHNOLOGY LIPA

2/F Mercedes Bldg. P. Torres St. Lipa City, Batangas 4217

(043) 757-4445 / (043) 757-5944

COLLEGE DEPARTMENT

Learning Module
In
REGULATORY FRAMEWORK AND LEGAL
ISSUES IN BUSINESS
(SY. 2021-2022)

Prepared by:
PAULYN MARIE R. BATHAN
 ICT-ED INSTITUTE OF SCIENCE AND TECHNOLOGY LIPA
2/F Mercedes Bldg. P. Torres St. Lipa City, Batangas 4217
(043) 757-4445 / (043) 757-5944

CRIMINAL LAW AND PROCEDURE IN BUSINESS

 The most fundamental characteristics of a crime is that it is a punishable

offense against society.
 Before you can be convicted of a crime, the prosecution must prove:
1. Whether you had a duty imposed by criminal statute to do or not to do a
certain thing
2. Whether you performed an act or omission in violation of that duty
3. Whether or not you had criminal intent

Elements of criminal acts:

a. DUTY
- Everyone has a legally enforceable duty to conform his or her conduct to the
law's requirements.
b. VIOLATION OF THE DUTY
- The breach of duty, the specific conduct of the person that violates the
statute, is a criminal act.
c. CRIMINAL INTENT
- A person intended to commit a specific act or omission defined as criminal in
the controlling statute.

Classifiacation of crimes
1. Felony
Acts and omissions punishable by law are felonies (delitos). Felonies are
committed not only by means of deceit (dolo) but also by means of fault
(culpa).
Murder, kidnapping, arson, etc. are examples of felonies.

2. Misdemeanor
- Type of criminal offense that is more serious than a citation but less serious
than felony charges.
 ICT-ED INSTITUTE OF SCIENCE AND TECHNOLOGY LIPA
2/F Mercedes Bldg. P. Torres St. Lipa City, Batangas 4217
(043) 757-4445 / (043) 757-5944

- Some lesser misdemeanors are called infractions White collar crimes

- Offenses committed in the business world Do not typically involve force or
violence and do not cause physical injury to people or physical damage to
property Include stock fraud, not paying income taxes, etc.

Ex: Antitrust laws state that competing companies may not cooperate in price
fixing or in dividing sales regions.

BUSINESS-RELATED CRIMES
 Larceny: Wrongful taking of money or person property belonging to
someone else
 Burglary: a type of larceny where a building is entered without
permission.
 Receiving stolen property: Knowingly receiving stolen property consists of
either receiving or buying property known to be stolen. One who receives
stolen property is known as a fence.
 False pretenses: obtaining money or other property by lying about a past
or existing fact
 Forgery: falsely making or materially altering a writing to defraud another
 Bribery: Unlawfully offering or giving anything of value to influence
performance of an official in the carrying out of his or her public or legal
duties.
 Obscenity: A crime against decency
 Civil Offense: A crime against an individual but not against society
 Extortion: obtaining money or other property from a person by wrongful
use of force, fear, or the power of office.
 Conspiracy: an agreement between two or more persons to commit a
crime Arson: the willful and illegal burning or exploding of a building.

RIGHTS AND RESPONSIBILITIES

Rights of the accused
 ICT-ED INSTITUTE OF SCIENCE AND TECHNOLOGY LIPA
2/F Mercedes Bldg. P. Torres St. Lipa City, Batangas 4217
(043) 757-4445 / (043) 757-5944

 The right to be represented by a lawyer The right to be subject to arrest

only when there is probable cause (a reasonable ground for belief).
 The right to refuse to testify against oneself.
 A Miranda warning must be issued must be issued to all accused.
 Any evidence or confession given by a suspect not properly read his or
her right cannot be used against them at trial.

Responsibility for the criminal conduct of others

 A person who knowingly aids another in the commission of a crime is
guilty of wrongdoing.