(2021 Blue Notes) SPL-1

PHILIPPINE COPYRIGHT
by
THE ATENEO LAW SCHOOL
&
THE ATENEO CENTRAL BAR OPERATIONS 2020-2021
All Rights Reserved

By the Authors
This material is an intellectual creation of the Ateneo Central Bar Operations

2020-2021 and is officially published and distributed by the Ateneo Law
School. Any unauthorized reprint or use of this material is prohibited. No part
of this work may be reproduced or transmitted in any form or by any means,
electronic or mechanical, including but not limited to photocopying,
recording, or by any information storage or retrieval system without the
express written consent of both the Ateneo Law School and the Ateneo
Central Bar Operations 2020-2021.
Furthermore, this material is confidential and shall be kept within those who
received a copy directly from the Ateneo Law School and the Ateneo Central
Bar Operations 2020-2021. By downloading, acquiring possession, and/or
using this material, whether, by electronic or other means, the recipients
agree to protect the confidentiality of the material, refraining from any action
which may lead to possession, duplication, or use by third parties
Ad maiorem Dei gloriam.

GRACE ANN Q. BAJO
TIMOTHY JACOB J. PALAFOX
20 21 C H AI R PE R S O N S
KATHLEEN KAE Z. ENDOZO MEG V. BUENSALIDO

ARISTEO RAPHAEL T. MARBELLA III MARIE KAYLA C. GALIT
20 21 AD MI NI ST R A TI V E CO M MI T TE E HE A D S 20 21 A C AD E MI C C O M MI T TE E HE AD S
CARLOS ROSAURO N. MANALO

MA. CRISTINA ASUNCION
20 21 A C AD E MI C C O M MI T TE E U N D E R ST U D I E S
JUDGE OSCAR B. PIMENTEL

ATTY. AXEL M. CRUZ
ATTY. ALDRICH FITZ U. DY
ATTY. RONALD C. CHUA
20 21 C R I MI N AL L AW F AC U LT Y AD V I SE R S
ERIN CANDICE CANCEKO PATRICIA RAMOS

KATHLEEN KAE ENDOZO CHRISTINA FRANCES DYCHIOCO
DOROTHY SAPPHIRINE HADITH DULNOAN CATHERINE NICOLE MANUEL
20 21 C R I MI N AL L AW SU BJE C T HE AD S 20 21 C R I MI N AL L AW U ND E R STU D I E S
RACHEL LEIGH COLLADO ANGELICA OIDEM AIMIEL MARIAN REYES

MARC ANGELO GUIBONE CRISTOFFER NUNAG JONATHAN TORRES
PATRICIA JOY IGNACIO RAYMIELLE MAGCALAS JETHRO VERA CRUZ
CAMILLE BULATAO SAMANTHA ROSE MORALES ISABELLA SABIO
CARLO ALIVIA ANA SAMANTHA ISABELA PARUNGAO VERA DE VERA
20 21 C R I MI N AL L AW V OLU N TE E R S
JONATHAN DF. TORRES
GAEL PAULINE R. MORALES
RIA ALEXANDRA D. CASTILLO
NICOLE ANN C. PAGLICAWAN
JULIANNE BEATRICE N. ROSARIO
20 21 C R E ATI V E S
JOSEPH BILL P. QUINTOS STEFI MONIKA S. SUERO

SAMANTHA J. MAGAOAY KATHLEEN C. ROMINA
FREEDOM JUSTIN B. HERNANDEZ SERMAE ANGELA G. PASCUAL
20 21 TE C H NI CA L 2 02 1 FI N AN CE
AINA RAE L. CORTEZ CHRISTIAN GIO R. SENARLO

LUMINA ALINEA O. AQUINO MAEDEN M. BORCELANGO
ANNA MARIE GRACE M. ANTONIO IMI LIZA B. ESPINA
MARY STEPHANIE CABRERA CRUZ FRANCIS SABIN BELTRAN
CLARISSE MAE D. ZAPLAN ANTHONY JEFFERSON Y. JULIO
20 21 S PE CI AL P R OJ E C TS 20 21 LO GI STI C S
DONN MARIE ISABELLE BALINA MELISSA GABRIELLE P. REMULLA

ALISHA BEATRICE A. VERGARA GRACIELLA RACHEL D. ROBLES
PRISHA LEIGH D. CRUZ DANELLA DIANE D. DIMAPILIS
ALITHEA C. SORIANO REYNALDO M. REVECHE
AARON C. CHENG CZAREANA JOUSCH T. PARRA
20 21 M AR K E TI N G 20 21 PU BLI C R E L A TI ON S
ATENEO CENTRAL
BAR OPERATIONS 2020/21 CRIMINAL LAW
TABLE OF CONTENTS
I. PRINCIPLES OF CRIMINAL LAW............................................................................................................... 1
A. GENERAL PRINCIPLES ........................................................................................................................ 1

I. MALA IN SE AND MALA PROHIBITA ...................................................................................................... 2
II. SCOPE OF APPLICATION AND CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW................................ 3
III. PRO-REO PRINCIPLE .............................................................................................................................. 5
IV. INTERPRETATION OF PENAL LAWS ....................................................................................................... 5
V. RETROACTIVE EFFECT OF PENAL LAWS ................................................................................................ 5
B. FELONIES .......................................................................................................................................... 5
I. CRIMINAL LIABILITIES ........................................................................................................................... 5
II. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY............................................................................. 20
III. PERSONS LIABLE AND DEGREE OF PARTICIPATION ............................................................................ 58
IV. PENALTIES ........................................................................................................................................... 72
V. EXECUTION AND SERVICE ................................................................................................................... 81
VI. EXTINCTION OF CRIMINAL LIABILITY .................................................................................................. 82
VII. CIVIL LIABILITIES IN CRIMINAL CASES ................................................................................................. 85
II. CRIMES UNDER THE REVISED PENAL CODE .......................................................................................... 88
A. CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATIONS ................................................ 88

B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE ............................................................. 98
C. CRIMES AGAINST PUBLIC ORDER ................................................................................................... 107
D. CRIMES AGAINST PUBLIC INTEREST ............................................................................................... 126
E. CRIMES AGAINST PUBLIC MORALS ................................................................................................. 140
F. CRIMES COMMITTED BY PUBLIC OFFICERS ..................................................................................... 143
G. CRIMES AGAINST PERSONS ........................................................................................................... 161
H. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY ..................................................................... 178
I. CRIMES AGAINST PROPERTY .......................................................................................................... 191
J. CRIMES AGAINST CHASTITY ........................................................................................................... 217
K. CRIMES AGAINST CIVIL STATUS OF PERSONS ................................................................................. 226
L. CRIMES AGAINST HONOR .............................................................................................................. 230
M. QUASI-OFFENSES ......................................................................................................................... 238
III. SPECIAL PENAL LAWS ...................................................................................................................... 242
A. NEW ANTI-CARNAPPING ACT OF 2016 ........................................................................................... 242

I. ELEMENTS ......................................................................................................................................... 242
II. PUNISHABLE ACTS ............................................................................................................................ 242
i
ATENEO CENTRAL
III. AGGRAVATING CIRCUMSTANCES RESULTING TO DENIAL OF BAIL .................................................. 243

IV. OTHER RELEVANT RULES .................................................................................................................. 243
B. ANTI-ELECTRICITY AND ELECTRIC TRANSMISSION LINES/MATERIALS PILFERAGE ACT OF 1994 (RA 7832)
244
I. PUNISHABLE ACTS ............................................................................................................................ 244
II. PRIMA FACIE EVIDENCE OF PUNISHABLE ACTS ................................................................................ 245
III. DISCONNECTION OF ELECTRIC SERVICE ........................................................................................... 246
IV. PENALTIES ......................................................................................................................................... 247
C. FISHERIES CODE (RA 8550, AS AMENDED BY RA 10654) .................................................................. 248
D. ANTI-FENCING LAW OF 1979 ......................................................................................................... 253
I. DEFINITION OF TERMS...................................................................................................................... 253
II. ELEMENTS ......................................................................................................................................... 253
III. PENALTIES ......................................................................................................................................... 253
IV. LIABILITY OF OFFICIALS OF JURIDICAL PERSONS .............................................................................. 253
V. PRESUMPTION OF FENCING; EXCEPTION ......................................................................................... 253
VI. OTHER RELEVANT RULES .................................................................................................................. 254
E. BOUNCING CHECKS LAW (BP 22).................................................................................................... 255
II. EVIDENCE OF KNOWLEDGE OF INSUFFICIENT FUNDS ...................................................................... 255
III. DUTY OF DRAWEE............................................................................................................................. 255
IV. DEFENSES AGAINST BP 22 ................................................................................................................ 256
V. ESTAFA UNDER BP 22 VS. ESTAFA UNDER RPC................................................................................. 256
F. SWINDLING BY SYNDICATE (PD 1689) ............................................................................................ 258
I. ELEMENTS ......................................................................................................................................... 258
II. OTHER RELEVANT RULES .................................................................................................................. 258
G. MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995 (RA 8042 AS AMENDED BY RA 10022) 259
II. ACTS INCLUDED IN ILLEGAL RECRUITMENT...................................................................................... 260
III. PROHIBITED ACTS ............................................................................................................................. 260
IV. PENALTIES ......................................................................................................................................... 261
V. PRESCRIPTION................................................................................................................................... 261
H. ANTI-ILLEGAL NUMBERS GAMES LAW (PD 1602, AS AMENDED BY RA 9287) ................................... 262
II. PERSONS LIABLE ............................................................................................................................... 262
III. POSSESSION OF GAMBLING PARAPHERNALIA AS PRIMA FACIE EVIDENCE ..................................... 263
IV. INFORMER’S REWARD ...................................................................................................................... 263
V. OTHER RELEVANT RULES .................................................................................................................. 263
I. COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT (RA 10591) ............................... 265
III. OTHER RELEVANT RULES .................................................................................................................. 268
ii
ATENEO CENTRAL
J. ANTI-HAZING ACT OF 2018 (RA 8049, AS AMENDED BY RA 11053) ................................................... 269

II. PROHIBITION ON HAZING ................................................................................................................. 270
III. REGULATION OF SCHOOL-BASED INITIATION RITES ......................................................................... 270
IV. PERSONS LIABLE ............................................................................................................................... 271
K. COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA 9165, AS AMENDED BY RA 10640) ............ 272
III. CHAIN OF CUSTODY .......................................................................................................................... 275
IV. PLEA BARGAINING ............................................................................................................................ 276
L. CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES (RA 6713) .. 278
II. NORMS OF CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES ....................................................... 278
III. DUTIES OF PUBLIC OFFICIALS AND EMPLOYEES ............................................................................... 278
IV. PROHIBITED ACTS ............................................................................................................................. 279
V. STATEMENTS AND DISCLOSURE ....................................................................................................... 280
VI. DIVESTMENT ..................................................................................................................................... 281
VII. OTHER RELEVANT RULES .................................................................................................................. 281
M. ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019, AS AMENDED BY RA 3047, PD 677, PD 1288, BP
195 AND RA 10910) .............................................................................................................................. 283
III. PROHIBITIONS ON INDIVIDUALS....................................................................................................... 286
IV. STATEMENT OF ASSETS AND LIABILITIES .......................................................................................... 286
V. DISMISSAL DUE TO UNEXPLAINED WEALTH ..................................................................................... 287
N. ANTI-PLUNDER ACT (RA 7080, AS AMENDED BY RA 7659) .............................................................. 288
II. ELEMENTS ......................................................................................................................................... 289
III. PRESCRIPTION................................................................................................................................... 289
O. ANTI-MONEY LAUNDERING ACT OF 2001 (RA 9160, AS AMENDED BY RA 9194, RA 10167, RA 10365
AND RA 10927) .................................................................................................................................... 290
II. MONEY LAUNDERING OFFENSE........................................................................................................ 293
III. JURISDICTION; PROSECUTION .......................................................................................................... 293
IV. ISSUANCE OF A FREEZE ORDER......................................................................................................... 293
P. OBSTRUCTION OF JUSTICE LAW (PD 1829) ..................................................................................... 294
II. OBSTRUCTION OF JUSTICE VS. ACCESSORY TO A CRIME .................................................................. 295
iii
ATENEO CENTRAL
Q. ANTI-TORTURE ACT OF 2009 (RA 9745) ......................................................................................... 297

I. ELEMENTS ......................................................................................................................................... 297
II. ACTS OF TORTURE ............................................................................................................................ 297
III. PERSONS LIABLE ............................................................................................................................... 298
IV. PROHIBITED DETENTION .................................................................................................................. 299
V. APPLICABILITY OF EXCLUSIONARY RULE; EXCEPTION ...................................................................... 299
VI. APPLICABILITY OF REFOULER ............................................................................................................ 299
VII. OTHER RELEVANT RULES .................................................................................................................. 300
R. HUMAN SECURITY ACT OF 2007 (RA 9372) ..................................................................................... 300
I. ELEMENTS ......................................................................................................................................... 300
II. OTHER PUNISHABLE ACTS ................................................................................................................ 300
III. CONSPIRACY TO COMMIT TERRORISM ............................................................................................ 301
IV. ACCOMPLICE AND ACCESSORY ......................................................................................................... 301
S. TERRORISM FINANCING PREVENTION AND SUPPRESSION ACT OF 2012 (RA 10168) ......................... 302
II. FINANCING OF TERRORISM .............................................................................................................. 303
III. EXTRATERRITORIAL APPLICATION .................................................................................................... 303
IV. EXTRADITION .................................................................................................................................... 304
T. ANTI-WIRE TAPPING ACT (RA 4200) ............................................................................................... 304
I. PROHIBITED ACTS ............................................................................................................................. 304
II. ALLOWABLE WIRE TAPPING ............................................................................................................. 304
III. INADMISSIBILITY ............................................................................................................................... 305
U. CYBERCRIME PREVENTION ACT OF 2012 (RA 10175) ...................................................................... 307
III. JURISDICTION.................................................................................................................................... 309
V. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA 9775) ...................................................................... 311
II. PROHIBITED ACTS ............................................................................................................................. 311
III. SYNDICATED CHILD PORNOGRAPHY................................................................................................. 312
IV. DISPUTABLE PRESUMPTION OF KNOWLEDGE.................................................................................. 312
W. ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) ...................................................... 314
II. PROHIBITED ACTS ............................................................................................................................. 314
X. ANTI-SEXUAL HARASSMENT ACT OF 1995 (RA 7877) ...................................................................... 315
I. PERSONS LIABLE ............................................................................................................................... 315
Y. ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208, AS AMENDED BY RA 10364) ....................... 317
iv
ATENEO CENTRAL
III. ATTEMPTED TRAFFICKING ................................................................................................................ 319

IV. LIABILITY OF ACCOMPLICES; ACCESSORIES ...................................................................................... 319
V. ACTS THAT PROMOTE TRAFFICKING ................................................................................................ 320
VI. QUALIFIED TRAFFICKING .................................................................................................................. 321
VII. INITIATION AND PROSECUTION OF CASES ....................................................................................... 321
VIII. PRESCRIPTIVE PERIOD....................................................................................................................... 321
IX. OTHER RELEVANT RULES .................................................................................................................. 322
Z. ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 (RA 9262) ........................... 324
III. BATTERED WOMAN SYNDROME ...................................................................................................... 326
AA. SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION, AND DISCRIMINATION ACT (RA
7610, AS AMENDED BY RA 7658 AND RA 9231) ..................................................................................... 329
BB. SAFE SPACES ACT (RA 11313) ...................................................................................................... 336
II. GENDER-BASED STREETS AND PUBLIC SPACES SEXUAL HARASSMENT............................................ 337
III. GENDER-BASED ONLINE SEXUAL HARASSMENT .............................................................................. 337
IV. QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES AND ONLINE SEXUAL HARASSMENT ........... 338
V. GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE........................................................... 338
VI. GENDER-BASED SEXUAL HARASSMENT IN EDUCATIONAL AND TRAINING INSTITUTIONS .............. 338
CC. DATA PRIVACY ACT (RA 10173).................................................................................................... 339
II. SCOPE................................................................................................................................................ 340
III. EXTRATERRITORIAL APPLICATION .................................................................................................... 341
IV. PUNISHABLE ACTS ............................................................................................................................ 341
V. EXTENT OF LIABILITY ......................................................................................................................... 342
DD. INDETERMINATE SENTENCE LAW (ACT 4103, AS AMENDED BY ACT NO. 4225 AND RA 4225) ......... 343
I. CONCEPT ........................................................................................................................................... 343
II. WHO ARE DISQUALIFIED................................................................................................................... 343
III. RELEASE OF PRISONER ON PAROLE .................................................................................................. 344
IV. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE SENTENCE
344
EE. PROBATION LAW (PD 968 AS AMENDED BY PD 1257, BP 76, PD 1990 AND RA 10707) .................... 346
II. WHEN APPLIED FOR .......................................................................................................................... 346
III. GRANT/DENIAL OF PROBATION; CONDITIONS ................................................................................. 346
IV. DISQUALIFIED OFFENDERS ............................................................................................................... 347
V. PERIOD OF PROBATION .................................................................................................................... 347
VI. ARREST OF PROBATIONER ................................................................................................................ 347
v
ATENEO CENTRAL
VII. TERMINATION OF PROBATION ......................................................................................................... 348

FF. JUVENILE JUSTICE AND WELFARE ACT (RA 9344, AS AMENDED BY RA 10630) ................................ 348
II. RIGHTS OF THE CHILD IN CONFLICT WITH THE LAW ........................................................................ 350
III. MINIMUM AGE OF CRIMINAL RESPONSIBILITY ................................................................................ 350
IV. PROHIBITED ACTS ............................................................................................................................. 352
V. DIVERSION AND INTERVENTION....................................................................................................... 352
vi
SPECIAL PENAL
LAWS
Criminal Law
ATENEO CENTRAL
TOPIC OUTLINE UNDER THE SYLLABUS: G. MIGRANT WORKERS AND OVERSEAS

FILIPINOS ACT OF 1995 (RA 8042 AS
III. SPECIAL PENAL LAWS AMENDED BY RA 10022)
I. Definition of terms
G. MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT OF 1995 (RA 8042 AS a. Migrant worker
AMENDED BY RA 10022)
It refers to a person who is to be engaged, is
1. Definition of terms (Sec. 3, RA 8042) engaged or has been engaged in a
remunerated activity in a state of which he or
2. Acts included in illegal recruitment (Sec. she is not a legal resident; to be used
5, RA 10022) interchangeably with overseas Filipino worker.
b. Overseas Filipinos
3. Prohibited acts (Sec. 5, RA 10022)
It refers to dependents of migrant workers and
4. Penalties (Sec. 6, RA 10022) other Filipino nationals abroad who are in
distress. (Sec. 3, RA 8042)
5. Prescription (Sec. 12, RA 8042)
c. Illegal recruitment
6. Other relevant rules
It refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or
procuring workers and includes referring, contract
services, promising or advertising for
employment abroad, whether for profit or not,
when undertaken by a non-licensee or non-
holder of authority contemplated under Article
13(f) of Presidential Decree No. 442, as
amended, otherwise known as the Labor Code of
the Philippines.
Any such non-licensee or non-holder who, in any

manner, offers or promises for a fee employment
abroad to two (2) or more persons shall be
deemed so engaged. (Sec. 5, RA 10022)
d. Illegal recruitment by a syndicate
Illegal recruitment is deemed committed by a

syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with
one another. This shall be considered an offense
involving economic sabotage. (Sec. 5, RA 10022)
e. Illegal recruitment in large scale
It is deemed committed in large scale if committed

against three (3) or more persons individually or
as a group. This shall be considered an offense
involving economic sabotage. (Sec. 5, RA 10022)
Page 259 of 354

ATENEO CENTRAL
II. Acts included in illegal recruitment h. To fail to submit reports on the status of
employment, placement vacancies,
Illegal recruitment shall include the following acts,
remittance of foreign exchange earnings,
whether committed by any person, whether a
separation from jobs, departures and such
non-licensee, non-holder, licensee or holder
other matters or information as may be
of authority:
required by the SOLE;
i. To substitute or alter to the prejudice of
a. To charge or accept directly or indirectly any
the worker, employment contracts
amount greater than that specified in the
approved and verified by the DOLE from
schedule of allowable fees prescribed by the
the time of actual signing thereof by the
SOLE, or to make a worker pay or
parties up to and including the period of the
acknowledge any amount greater than that
expiration of the same without the approval
actually received by him as a loan or
of the DOLE;
advance;
j. For an officer or agent of a recruitment or
b. To furnish or publish any false notice or
placement agency to become an officer or
information or document in relation to
member of the Board of any corporation
recruitment or employment;
engaged in travel agency or to be engaged
c. To give any false notice, testimony,
directly or indirectly in the management of a
information or document or commit any act
travel agency;
of misrepresentation for the purpose of
k. To withhold or deny travel documents
securing a license or authority under the
from applicant workers before departure
Labor Code, or for the purpose of
for monetary or financial considerations,
documenting hired workers with the POEA,
or for any other reasons, other than those
including reprocessing workers through
authorized under the Labor Code and its
a job order that pertains to nonexistent
implementing rules and regulations;
work, work different from the actual
l. Failure to actually deploy a contracted
overseas work, or work with a different
worker without valid reason as determined
employer whether registered or not with the
by the DOLE;
POEA;
m. Failure to reimburse expenses incurred by
d. To induce or attempt to induce a worker
the worker in connection with his
already employed to quit his employment
documentation and processing for
in order to offer him another UNLESS the
purposes of deployment, in cases where the
transfer is designed to liberate a worker
deployment does not actually take place
from oppressive terms and conditions of
without the worker's fault; and
employment;
n. To allow a non-Filipino citizen to head or
e. To influence or attempt to influence any
manage a licensed recruitment/manning
person or entity not to employ any worker
agency. (Sec. 5, RA 10022)
who has not applied for employment
through his agency or who has formed, III. Prohibited acts
joined or supported, or has contacted or is
supported by any union or workers' In addition, it shall also be unlawful for any person
organization; or entity to commit the following prohibited acts:
f. To engage in the recruitment or placement of a. Grant a loan to an overseas Filipino worker
workers in jobs harmful to public health or with interest exceeding eight percent (8%)
morality or to the dignity of the Republic of per annum, which will be used for payment
the Philippines; of legal and allowable placement fees and
g. To obstruct or attempt to obstruct make the migrant worker issue, either
inspection by the SOLE or by his duly personally or through a guarantor or
authorized representative;
Page 260 of 354

ATENEO CENTRAL
accommodation party, postdated checks in fine of not less than P1,000,000 nor more
relation to the said loan; than P2,000,000.
b. Impose a compulsory and exclusive b. Illegal recruitment constituting economic
arrangement whereby an overseas Filipino sabotage – Life imprisonment and a fine of
worker is required to avail of a loan only not less than P2,000,000 nor more than
from specifically designated institutions, P5,000,000.
entities or persons; c. Any of the prohibited acts – Imprisonment of
c. Refuse to condone or renegotiate a loan not less than six (6) years and one (1) day
incurred by an overseas Filipino worker after but not more than twelve (12) years and a
the latter's employment contract has been fine of not less than P500,000 nor more than
prematurely terminated through no fault of P1,000,000.
his or her own;
d. Impose a compulsory and exclusive If the offender is an alien, he or she shall, in
arrangement whereby an overseas Filipino addition to the penalties herein prescribed, be
worker is required to undergo health deported without further proceedings.
examinations only from specifically
designated medical clinics, institutions, In every case, conviction shall cause and carry
entities or persons, EXCEPT in the case of a the automatic revocation of the license or
seafarer whose medical examination cost is registration of the recruitment/manning agency,
shouldered by the principal/shipowner; lending institution, training school or medical
e. Impose a compulsory and exclusive clinic. (Sec. 6, RA 10022)
arrangement whereby an overseas Filipino
worker is required to undergo training, V. Prescription
seminar, instruction or schooling of any Illegal recruitment cases under this Act shall
kind only from specifically designated prescribe in five (5) years.
institutions, entities or persons, EXCEPT for
recommendatory trainings mandated by Illegal recruitment cases involving economic
principals/shipowners where the latter sabotage as defined herein shall prescribe in
shoulder the cost of such trainings; twenty (20) years. (Sec. 12, RA 8042)
f. For a suspended recruitment/manning
agency to engage in any kind of recruitment VI. Other relevant rules
activity including the processing of pending
Persons liable
workers' applications; and
The persons criminally liable for the above
g. For a recruitment/manning agency or a
offenses are the principals, accomplices and
foreign principal/employer to pass on to the
accessories.
overseas Filipino worker or deduct from his
or her salary the payment of the cost of
In case of juridical persons, the officers having
insurance fees, premium or other
ownership, control, management or direction of
insurance related charges, as provided
their business who are responsible for the
under the compulsory worker's insurance
commission of the offense and the responsible
coverage. (Sec. 5, RA 10022)
employees/agents thereof shall be liable. (Sec. 5,
IV. Penalties RA 10022)
If found guilty of – Estafa and illegal recruitment

a. Illegal recruitment – Imprisonment of not Estafa and illegal recruitment are entirely different
less than twelve (12) years and one (1) day offenses. Neither one necessarily includes or is
but not more than twenty (20) years and a necessarily included in the other. A person who is
convicted of illegal recruitment may, in addition be
Page 261 of 354

ATENEO CENTRAL
convicted of estafa under Article 315 2(a) of the H. ANTI-ILLEGAL NUMBERS GAMES LAW
Revised Penal Code. (People v. Billaber, G.R. No. (PD 1602, AS AMENDED BY RA 9287)
114967-68, 2004)
The filing of an offense punishable under this Act Illegal numbers game
shall be without prejudice to the filing of cases It refers to any form of illegal gambling activity
punishable under other existing laws, rules or which uses numbers or combinations thereof as
regulations. (Sec. 5, RA 10022) factors in giving out jackpots. (Sec. 2, RA 9287)
————- end of topic ————- II. Persons liable

a. Other than those in the succeeding items,
TOPIC OUTLINE UNDER THE SYLLABUS: any person who participates in any illegal
numbers game or any illegal or
III. SPECIAL PENAL LAWS unauthorized activities or games of
cockfighting, jueteng, jai-alai or horse racing
H. ANTI-ILLEGAL NUMBERS GAMES LAW (PD to include bookie operations and game
1602, AS AMENDED BY RA 9287) fixing, numbers, bingo and other forms of
lotteries; cara y cruz, pompiang and the like;
1. Definition of terms (Sec. 2) 7-11 and any game using dice; black jack,
lucky nine, poker and its derivatives, monte,
2. Persons liable baccarat, cuajo, pangguingue and other
card games; paik que, high and low,
3. Possession of gambling paraphernalia mahjong, domino and other games using
as prima facie evidence (Sec. 4, RA plastic tiles and the like; slot machines,
9287) roulette, pinball and other mechanical
contraptions and devices; dog racing, boat
4. Informer’s reward (Sec. 11, RA 9287) racing, car racing and other forms of races,
basketball, boxing, volleyball, bowling,
5. Other relevant rules pingpong and other forms of individual or
team contests to include game fixing, point
shaving and other machinations; banking or
percentage game, or any other game or
scheme, whether upon chance or skill,
wherein wagers consisting of money,
articles of value or representative of
value are at stake or made;
b. Any person who shall knowingly permit any
form of gambling referred to in (a) to be
carried on in inhabited or uninhabited
place or in any building, vessel or other
means of transportation owned or
controlled by him;
c. Any person who shall knowingly permit any
form of gambling referred to in (a) in a place
where gambling is carried on has a
reputation of a gambling place or that
prohibited gambling is frequently carried on
therein, or the place is a public or
Page 262 of 354

ATENEO CENTRAL
government building or barangay hall; (Sec. tolerates the same in connection

1, PD 1602) therewith; and,
d. Bettor – places bets for himself/herself or in 3. Failure to apprehend perpetrators of
behalf of another person, or any person, any illegal numbers game. (Sec. 5, RA
other than the personnel or staff of any illegal 9287); and,
numbers game operation; l. Any parent, guardian or person exercising
e. Personnel or staff of an illegal numbers moral authority or ascendancy over a minor,
game operation – acts in the interest of the ward or incapacitated person, and not
maintainer, manager or operator, such as, otherwise falling under any of the
but not limited to, an accountant, cashier, abovementioned acts, who induces or
checker, guard, runner, table manager, causes such minor, ward or incapacitated
usher, watcher, or any other personnel such person to commit any of the offenses
similar functions in a building, structure, punishable under this Act.
vessel, vehicle, or any other place where an • Upon conviction, said parent,
illegal numbers game is operated or guardian or person exercising moral
conducted; authority or ascendancy shall be
• This includes any person who allows deprived of his/her authority over the
his vehicle, house building or land to minor, ward or incapacitated person.
be used in the operation of the illegal (Sec. 6, RA 9287)
numbers games.
f. Collector or agent – collects, solicits or III. Possession of gambling paraphernalia as
produces bets in behalf of his/her principal for prima facie evidence
any illegal numbers game who is usually in The possession of any gambling paraphernalia
possession of gambling paraphernalia; and other materials used in the illegal numbers
g. Coordinator, controller or supervisor – game operation shall be deemed prima facie
exercises control and supervision over the evidence of any offense covered by this Act. (Sec.
collector or agent; 4, RA 9287)
h. Maintainer, manager or operator – maintains,
manages or operates any illegal numbers IV. Informer’s reward
game in a specific area from whom the
Any person who, having knowledge or
coordinator, controller or supervisor, and
information of any offense committed under this
collector or agent take orders;
Act and who shall disclose the same which may
i. Financier or capitalist – finances the
lead to the arrest and final conviction of the
operations of any illegal numbers game; and,
offender, may be rewarded a certain percentage
j. Protector or coddler - lends or provides
of the cash money or articles of value confiscated
protection, or receives benefits in any manner
or forfeited in favor of the government, which shall
in the operation of any illegal numbers game.
be determined by the DOJ, in coordination with
k. A government employee and/or public official,
the DILG and the NAPOLCOM. (Sec. 11, RA
whether elected or appointed, shall be held
9287)
liable for the following acts:
1. Assumes the role/s of collector, agent, V. Other relevant rules
coordinator, controller, supervisor,
maintainer, manager, operator, Immunity from prosecution
financier or capitalist (items (f) to (i) of Any person who serves as a witness for the
“Persons Liable” section); government or provides evidence in a criminal
2. While having knowledge of the case involving any violation of this Act, or who
existence of the operation of any illegal voluntarily or by virtue of a subpoena
numbers game in his/her jurisdiction, testificandum or duces tecum, produces,
fails to abate or to take action, or
Page 263 of 354

ATENEO CENTRAL
identifies, or gives testimony shall be immune TOPIC OUTLINE UNDER THE SYLLABUS:
from any criminal prosecution. (Sec. 8, RA 9287)
III. SPECIAL PENAL LAWS
Prosecution, judgment and forfeiture of
property I. COMPREHENSIVE FIREARMS AND
Any person may be charged with or convicted of AMMUNITION REGULATION ACT (RA 10591)
the offenses covered by this Act without
1. Definition of terms
prejudice to the prosecution of any act or acts
penalized under the Revised Penal Code or a. Firearm
other existing laws.
b. Light Weapons
During the pendency of the case, no property or
income used or derived therefrom which may be c. Loose Arm
confiscated and forfeited shall be disposed,
d. Small Arms
alienated or transferred and the same shall be
in custodia legis and no bond shall be admitted 2. Punishable acts
for the release of the same.
a. Unlawful acquisition, or
Upon conviction, all proceeds, gambling possession of firearms and
paraphernalia and other instruments of the crime ammunition (Sec. 28)
including any real or personal property used in
any illegal numbers game operation shall be b. Use of loose firearm in the
confiscated and forfeited in favor of the State. commission of a crime (Sec. 29)
All assets and properties of the accused either
c. Other prohibited acts
owned or held by him/her in his/her name or in
the name of another person found to be 3. Other relevant rules
manifestly out of proportion to his/her lawful
income shall be prima facie presumed to be
proceeds of the offense and shall likewise be
confiscated and forfeited in favor of the State.
(Sec. 9, RA 9287)
————- end of topic ————-
Page 264 of 354

ATENEO CENTRAL
I. COMPREHENSIVE FIREARMS AND 1. Handgun which is a firearm intended to be

AMMUNITION REGULATION ACT (RA fired from the hand, which includes:
10591) (i) A pistol which is a hand-operated
firearm having a chamber integral with
I. Definition of Terms
or permanently aligned with the bore
Definition of Firearm which may be self-loading; and
Any handheld or portable weapon, whether a (ii) Revolver which is a hand-operated
small arm or light weapon, that expels or is firearm with a revolving cylinder
designed to expel a bullet, shot, slug, missile or containing chambers for individual
any projectile, which is discharged by means of cartridges.
expansive force of gases from burning 2. Rifle which is a shoulder firearm or
gunpowder or other form of combustion or any designed to be fired from the shoulder that
similar instrument or implement. (Sec. 3 (l)) can discharge a bullet through a rifled
barrel by different actions of loading, which
Definition of Light weapons may be classified as lever, bolt, or self-
Class-A Light weapons which refer to self-loading loading; and
pistols, rifles and carbines, submachine guns, 3. Shotgun which is a weapon designed, made
assault rifles and light machine guns not and intended to fire a number of ball shots or
exceeding caliber 7.62MM which have fully a single projectile through a smooth bore by
automatic mode; the action or energy from burning
gunpowder. regulations (Sec. 3 (dd)).
Class-B Light weapons which refer to weapons
designed for use by two (2) or more persons II. Punishable acts
serving as a crew, or rifles and machine guns a. Unlawful acquisition, or possession of
exceeding caliber 7.62MM such as heavy firearms and ammunition (Sec. 28)
machine guns, handheld underbarrel and
mounted grenade launchers, portable anti-aircraft 1. Small arm/s (or a major part thereof) –
guns, portable anti-tank guns, recoilless rifles, intended for individual use, to be fired from
portable launchers of anti-tank missile and rocket hand or shoulder, not capable of fully
systems, portable launchers of anti-aircraft automatic burst;
missile systems, and mortars of a caliber of less
than 100MM (Sec. 3 (t)). 2. Class-A light weapons (or a major part
thereof) – self-loading pistols, rifles, etc. not
Definition of Loose firearm exceeding caliber 7.62MM which have fully
An unregistered firearm, an obliterated or altered automatic mode;
firearm, firearm which has been lost or stolen,
illegally manufactured firearms, registered 3. Class-B light weapons (or a major part
thereof) – designed for use of 2 or more
firearms in the possession of an individual other
persons, which has a caliber exceeding
than the licensee and those with revoked licenses
7.62MM;
in accordance with the rules and regulations
(Sec. 3 (v)).
4. Firearm/s – any handheld weapon, small or
light weapon, that expels a bullet or any
Definition of Small arms
projectile; this includes a barrel, frame, or
Small arms refer to firearms intended to be or
receiver, or any major part thereof; or
primarily designed for individual use or that which
is generally considered to mean a weapon 5. Ammunition.
intended to be fired from the hand or shoulder,
which are not capable of fully automatic bursts of Aggravating circumstances for items (1)
discharge, such as: to (3) –
Page 265 of 354

ATENEO CENTRAL
i. Loaded with ammunition or inserted with a If the crime committed with the use of a loose
loaded magazine; firearm is penalized by the law with a maximum
penalty which is equal to the penalty imposed for
ii. Fitted or mounted with laser or any gadget illegal possession of firearms, the penalty of
used to guide the shooter to hit the target prision mayor in its minimum period shall be
such as thermal weapon sight (TWS) and imposed in addition to the penalty for the crime
the like; punishable under the Revised Penal Code or
other special laws of which he/she is found guilty.
iii. Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer; Absorbed as an element of the crime of
rebellion, or insurrection, or attempted coup
iv. Accompanied with an extra barrel; and
d' etat
v. Converted to be capable of firing full
If the violation of this Act is made in furtherance
automatic bursts.
of, or incident to, or in connection with the
b. Use of loose firearm in the commission of a crime of rebellion or insurrection, or attempted
crime (Sec. 29) coup d' etat, such violation shall be absorbed as
an element of said crime/s.
A loose firearm refers to
Considered as a distinct and separate offense
1. Unregistered firearm;
If the crime is committed by the person without
2. Obliterated or altered firearm; using the loose firearm, the violation of this Act
shall be considered as a distinct and separate
3. Firearm which has been lost or stolen; offense.
4. Illegally manufactured firearms; Liability of Juridical Person
5. Registered firearms in the possession of an The penalty of prision mayor in its minimum to
individual other than the licensee; and prision mayor in its medium period shall be
imposed upon the owner, president, manager,
6. Those with revoked licenses.
director or other responsible officer of any
Considered an aggravating circumstance juridical entity who shall willfully or knowingly
allow any of the firearms owned by such to be
The use of a loose firearm, when inherent in the used by any person or persons found guilty of
commission of a crime punishable under the violating the provisions of the preceding
Revised Penal Code or other special laws, shall section, or willfully or knowingly allow any of
be considered as an aggravating circumstance. them to use unregistered firearms without any
legal authority to be carried outside of their
If penalty for crime charged is lower than the residence in the course of their employment.
penalty for illegal possession of firearms
c. Other prohibited acts
If the crime committed with the use of a loose
firearm is penalized by the law with a maximum 1. Unlawful manufacture, importation, sale or
penalty which is lower than the penalty imposed disposition of a firearm or ammunition, or a
for illegal possession of firearms, the penalty for major part thereof, or machinery, tool or
illegal possession of firearm shall be imposed instrument used or intended to be used by
in lieu of the penalty for the crime charged. the same person in the manufacture of a
firearm, ammunition, or a major part thereof
If penalty for crime charged is equal to the (Sec. 32);
penalty for illegal possession of firearms
Page 266 of 354

ATENEO CENTRAL
2. Possession of machinery, tool or instrument firearm muffler,

in the manner stated above by any person or firearm
whose business, employment or activity silencer
does not lawfully deal with the possession of 4) Accompanied
such article shall be prima facie evidence with an extra
that such article is intended to be used barrel
unlawfully. 5) Converted to be
capable of firing
3. Arms smuggling (Sec. 33); full automatic
bursts
4. Tampering, obliteration or alteration of
firearms identification (Sec. 34); P of a major part of Prision mayor in its
a small arm minimum period
5. Use of imitation firearm (Sec. 35); Prision mayor in its
medium period
6. Planting evidence (Sec. 38); If this violation is
committed by the
7. Failure to notify lost or stolen firearm or light
P of ammunition for same person
weapon (Sec. 40); and,
a small arm or charged with
8. Unlawful transfer/registration of firearms Class A light unlawful acquisition
(Sec. 41). weapon or possession of a
small arm, the
Summary of penalties under Sec. 28 & 29 former violation
Punishable act/s Penalty shall be absorbed
P of a small arm (a) Prision mayor by the latter
P of 3 or more small Reclusion temporal P of a major part of Prision mayor in its
arms or Class A to reclusion a Class A weapon medium period
light weapons (b) perpetua Prision mayor in its
P of a Class A light Prision mayor in its medium period
weapon (c) maximum period If this violation is
P of a Class B light Reclusion perpetua committed by the
weapon same person
P of ammunition for
P + any of the One degree higher charged with
a Class A light
following than the penalties in unlawful acquisition
weapon
1) Loaded with (a), (b), and (c) or possession of a
ammunition or Class A weapon,
inserted with a the former violation
loaded shall be absorbed
magazine by the latter
2) Fitted or P of a major part of Prision mayor in its
mounted with a Class B light maximum period
laser or any weapon
gadget used to Prision mayor in its
guide the maximum period
shooter to hit P of ammunition for If this violation is
the target a Class B light committed by the
3) Fitted or weapon same person
mounted with charged with
sniper scopes, unlawful acquisition
Page 267 of 354

ATENEO CENTRAL
or possession of a Authority of Barangay Captain to carry

Class B weapon, firearm
the former violation
shall be absorbed The authority of a Barangay Captain to carry his
by the latter firearm outside his residence was rooted in the
authority given to him by Local Government Code
Penalty for the
(LGC), which states that “in the performance of
crime
P + inherent in the his peace and order functions, the punong
+
crime barangay shall be entitled to possess and carry
aggravating
the necessary firearms within his territorial
circumstance
jurisdiction…” If the Barangay Captain is within
Prision Mayor
his barangay, he cannot be separated from his
P + used in crime (the penalty for
duty as a punong barangay – to maintain peace
with a lower penalty illegal possession of
and order. (Artillero v. Casimiro, G.R. No. 190569,
firearms)
2012)
Penalty for crime
P + used in crime + Ownership of the firearm is not an essential
with same penalty Prision Mayor element
minimum
Penalty for the The petitioner was indicted of the crime of illegal
crime + possession of firearms, as defined and penalized
Penalty for illegal by P.D. No. 1866, as amended by R.A. No. 8294.
P + not used in the possession of The elements for the prosecution of which crime
crime firearms (the are: (1) the existence of subject firearm; and (2)
penalty would be the fact that the accused who possessed or
separate and owned the same does not have the
distinct) corresponding license for it.
P + furtherance of, The crime of P is
Verily, ownership is not an essential element of
incident to, or in absorbed.
the crime of illegal possession of firearms. What
connection with
is merely required is either actual or constructive
the crime of
possession coupled with animus possidendi or
rebellion, or
intent to possess. (Mendoza v. People, G.R. No.
insurrection,
234196, 2018)
sedition, attempted
coup d’etat. What needs to be established for illegal
III. Other relevant rules possession of firearms
Use of an imitation firearm (Sec. 35) To sustain convictions for illegal possession of
firearms, the prosecution must show that:
An imitation firearm used in the commission of a
crime shall be considered a real firearm as 1. the firearm exists; and,
defined in this Act and the person who committed
the crime shall be punished in accordance with 2. the accused had no corresponding license
this Act. for it. (De Guzman y Aguilar v People, G.R.
No. 240475, 2019)
However, injuries caused on the occasion of the
conduct of competitions, sports, games, or any ————- end of topic ————-
recreation activities involving imitation firearms
shall not be punishable under this Act.
Page 268 of 354

ATENEO CENTRAL
c. Failed to promptly report the same if they K. COMPREHENSIVE DANGEROUS DRUGS

can do so without peril to their person or their ACT OF 2002 (RA 9165, AS AMENDED BY
family. RA 10640)
V. Other relevant rules I. Definition of terms
Recognizing the malum prohibitum characteristic Den, dive or resort

of hazing, the law provides that any person
It is a place where any dangerous drug and/or
charged with the said crime shall not be entitled
controlled precursor and essential chemical is
to the mitigating circumstance that there was
administered, delivered, stored for illegal
no intention to commit so grave a wrong. Also,
purposes, distributed, sold or used in any form.
the framers of the law intended that the consent
of the victim shall not be a defense in hazing. Drug syndicate
(Dungo v. People, G.R. No. 209464, 2015)
It refers to any organized group of two (2) or more
————- end of topic ————- persons forming or joining together with the
intention of committing any offense prescribed
TOPIC OUTLINE UNDER THE SYLLABUS:
under this Act.
III. SPECIAL PENAL LAWS Financier
K. COMPREHENSIVE DANGEROUS DRUGS It refers to any person who pays for, raises or
ACT OF 2000 (RA 9165, AS AMENDED BY RA supplies money for, or underwrites any of the
10640) illegal activities prescribed under this Act.
1. Definition of terms (Sec. 3) Protector/coddler
2. Punishable acts It refers to any person who knowingly and willfully

consents to the unlawful acts provided for in this
3. Chain of custody (Sec. 21)
Act and uses his/her influence, power or position
4. Plea-bargaining (Sec. 23) in shielding, harboring, screening or facilitating
the escape of any person he/she knows, or has
5. Other relevant rules reasonable grounds to believe on or suspects,
has violated the provisions of this Act in order to
prevent the arrest, prosecution and conviction of
the violator.
II. Punishable acts

a. Importation of dangerous drugs and/or
controlled precursors and essential
chemicals, regardless of quantity or purity
involved. The maximum penalty shall be
imposed when:
• Done through the use of a diplomatic

passport, diplomatic facilities, or any
other means involving an offenders'
official status intended to facilitate
unlawful entry; and
Page 272 of 354

ATENEO CENTRAL
• Acting as organizer, manager, or Delivery is any act of knowingly passing

financier. (Sec. 4) a dangerous drug to another, personally
or otherwise, and by any means, with or
b. Sale, trading, administration, without consideration.
dispensation, delivery, distribution and
transportation of dangerous drugs and/or c. Maintenance of a den, dive or resort. The
controlled precursors and essential maximum penalty shall be imposed when:
chemicals, including any and all species of
opium poppy regardless of the quantity • Any dangerous drug is administered,
and purity involved. The maximum penalty delivered or sold to a minor who is
shall be imposed when: allowed to use the same in such a
place.
• It transpires within one hundred (100)
meters from the school. • Acting as organizer, manager, or
• Using minors or mentally incapacitated financier. (Sec. 6)
individuals as runners, couriers and
d. Being an employee of a den, dive or resort,
messengers, or in any other capacity.
who is aware of the nature of the place as
• The victim of the offense is a minor or a such. (Sec. 7)
mentally incapacitated individual, or
should a dangerous drug and/or a • Any person who, not being included in
controlled precursor and essential the provisions of the next preceding
chemical involved in any offense herein paragraph, is aware of the nature of the
provided be the proximate cause of death place as such and shall knowingly visit
of a victim. the same.
• Acting as organizer, manager, or
financier. (Sec. 5) e. Manufacture of dangerous drugs and/or
controlled precursors and essential
Illegal sale chemicals (Sec. 8)
In order to sustain conviction for selling prohibited
The presence of any controlled precursor
drugs, the element of sale must be unequivocally
and essential chemical or laboratory
established. Also, what the law proscribes is not
equipment in the clandestine laboratory is a
only the act of selling but also, albeit not limited
prima facie proof of manufacture of any
to, the act of delivering. The commission of the
dangerous drug. It shall be considered an
offense of illegal sale of marijuana required
aggravating circumstance if the clandestine
merely the consummation of the selling
laboratory is undertaken or established
transaction. What is important is that the poseur-
under the following circumstances:
buyer received the marijuana from the accused.
(People v. Ponferada, G.R. NO. 101004, 1993) 1. Any phase of the manufacturing
process was conducted in the
presence or with the help of minor/s;
Elements of illegal sale
2. Any phase or manufacturing process
1. Identity of the buyer and the seller, the object
was established or undertaken within
of the sale and the consideration;
one hundred (100) meters of a
2. Delivery of the thing sold and the payment
residential, business, church or
therefor. (People of the Philippines v. Teofilo
school premises;
Honrado and Romulo Honrado, G.R. No.
182197, 2012)
Page 273 of 354

ATENEO CENTRAL
3. Any clandestine laboratory was 3. the accused freely and consciously

secured or protected with booby possessed the drug. (People v.
traps; Trinidad, G.R. No. 199898, 2014)
4. Any clandestine laboratory was Jurisprudence is consistent in that mere

concealed with legitimate business possession of a prohibited drug
operations; or constitutes prima facie evidence of
knowledge or animus possidendi
5. Any employment of a practitioner, sufficient to convict an accused in the
chemical engineer, public official or absence of any satisfactory explanation.
foreigner. Illegal possession of regulated drugs is
mala prohibita, and, as such, criminal
The maximum penalty provided for under
intent is not an essential element.
this Section shall be imposed upon any
However, the prosecution must prove
person, who organizes, manages or acts
that the accused had the intent to
as a "financier" of any of the illegal
possess (animus posidendi) the drugs.
activities prescribed in this Section.
Possession, under the law, includes not
f. Illegal chemical diversion of controlled only actual possession, but also
precursors and essential chemicals (Sec. 9) constructive possession. Actual
possession exists when the drug is in the
g. Manufacture or delivery of equipment, immediate possession or control of the
instrument, apparatus, and other accused. On the other hand, constructive
paraphernalia for dangerous drugs and/or possession exists when the drug is under
controlled precursors and essential the dominion and control of the accused
chemicals. The maximum penalty shall be or when he has the right to exercise
imposed when any person, who uses a dominion and control over the place
minor or a mentally incapacitated individual where it is found. Exclusive possession
to deliver such equipment, instrument, or control is not necessary. (People v.
apparatus and other paraphernalia for Trinidad, G.R. No. 199898, 2014)
dangerous drugs. (Sec. 10)
i. Possession of equipment, instrument,
h. Possession of dangerous drugs, regardless apparatus and other paraphernalia for fit or
of purity of the quantities laid down in the act. intended for smoking, consuming,
(Sec. 11) administering, injecting, ingesting, or
introducing any dangerous drug into the
If person who has tested positive is also body (Sec. 12)
found in possession of dangerous drugs,
he should be prosecuted under j. Possession of dangerous drugs during
possession. Hence, USE is subsumed by parties, social gatherings or meetings, or in
POSSESSION. the proximate company of at least two (2)
persons, regardless of quantity and purity,
Elements of possession shall suffer maximum penalty (Sec. 13)
1. the accused is in possession of an k. Possession of equipment, instrument,

item or object, which is identified to apparatus and other paraphernalia for fit or
be prohibited or regulated drug; intended for smoking, consuming,
administering, injecting, ingesting, or
2. such possession is not authorized
introducing any dangerous drug into the
by law; and
body, during parties, social gatherings or
meetings, or in the proximate company of at
Page 274 of 354

ATENEO CENTRAL
least two (2) persons shall suffer maximum Rules on chain of custody
penalty (Sec. 14)
a. At the place where the search warrant is
l. Use of Dangerous Drugs, after being found served, or nearest police station, or nearest
positive via a confirmatory test. (Sec. 15) office of the apprehending officer/team,
there must be the inventory and photographs
As discussed under Sec. 11, this provision is done in the presence of the accused, or
not applicable if the person tested is also his/her representative or counsel with:
found to have in his/her possession such
quantity of any dangerous drug provided 1. An elected public official; and
under Sec. 11.
2. Representative of the National
m. Cultivation or culture of plants classified as Prosecution Service or the media.
dangerous drugs or are sources thereof
(Sec. 16) b. Within 24 hours from seizure, items must be
submitted to the PDEA Forensic laboratory
n. Failure to maintain or keep original records for examination.
of transactions on Dangerous Drugs and/or
controlled precursors and essential c. Immediately upon receipt of the subject
chemicals (Sec. 17) item/s, a certification under oath of the
forensic laboratory examiner shall be made.
o. Unnecessary prescription of dangerous
drugs – It is the act of prescribing any d. Within 72 hours from filing of criminal case,
dangerous drug to any person whose an ocular inspection shall be made.
physical or physiological condition does not
e. Within 24 hours from filing of ocular, the
require the use or in the dosage prescribed
drugs seized must be destroyed by the
therein (Sec. 18)
PDEA in the presence of the accused or the
p. Unlawful prescription of drugs – Any person, person/s from whom such items were
who, unless authorized by law, shall make or confiscated and/or seized, or his/her
issue a prescription or any other writing representative or counsel, a representative
purporting to be a prescription for any from the media and the DOJ, civil society
dangerous drug (Sec. 19) groups and any elected public official.
III. Chain of custody f. A representative sample in min. quantity

shall be retained. Those that belong to lawful
It refers to the duly recorded authorized commerce shall be donated or recycled for
movements and custody of seized drugs or legitimate purposes.
controlled chemicals or plant sources of
dangerous drugs or laboratory equipment of each g. Sworn certification of destruction shall be
stage, from the time of seizure/confiscation to issued by the Board and submitted to the
receipt in the forensic laboratory to safekeeping court with jurisdiction of the case, along with
to presentation in court for destruction. Such the sample.
record of movements and custody of seized item
shall include the identity and signature of the h. Accused or representative are allowed to
person who held temporary custody of the seized observe proceedings. If accused has no
item, the date and time when such transfer of counsel within 72hrs from written notice prior
custody were made in the course of safekeeping to destruction, court shall appoint a counsel
and use in court as evidence, and the final from PAO.
disposition. (Section 1(b) of Dangerous Drugs
Board Regulation No. 1, Series of 2002)
Page 275 of 354

ATENEO CENTRAL
i. Within 24 hours from receipt of judgment – i. There was a discrepancy in the weight of the
trial prosecutor shall inform the Board and seized items (People v. Ramos, G.R. No.
request for leave to turn over the samples to 233744, 2018)
PDEA for destruction.
j. There was a discrepancy in the number of
Non-compliance with these requirements under the sachets shown in the photographs and
justifiable grounds, as long as the integrity and the number of sachets for which the accused
the evidentiary value of the seized items are is being charged of illegally possessing
properly preserved by the apprehending (People v. Lumaya, G.R. No. 231983, 2018)
officer/team, shall not render void and invalid
such seizures and custody over said items. (Sec. k. No physical inventory was conducted for the
21) items taken (People v. Mercader, G.R. No.
233480, 2018)
Considered violations of chain of custody rule
l. No photographs of the seized items were
a. Accused was not present during the taken (People v. Mercader, G.R. No.
photography of the seized items (People v. 233480, 2018)
Cordova, 231130, 2018)
Links that the prosecution must endeavor to
b. A representative of either the National establish with respect to the chain of custody
Prosecution Service or the media was in a buy-bust operation
absent during the photography and
inventory of the seized items (People v. The following links must be established:
Cordova, G.R. No. 231130, 2018)
a. Seizure and marking of the illegal drug
c. Three days had passed since the items were recovered from the accused by the  
seized from the accused (People v. Cordova, apprehending officer;
G.R. No. 231130, 2018)
b. Turnover of the illegal drug seized by the
d. Two separate inventories were conducted apprehending officer to the investigating
which were attended by different witnesses  officer;
(People v. Cabrellos, G.R. No. 229826,
2018) c. Turn over by the investigating officer of the
illegal drug to the forensic chemist for
e. The drugs were turned over to the crime laboratory examination; and,
laboratory 10 days after seizure (People v.
Ching, G.R. No. 223556, 2017) d. Turnover and submission of the marked
illegal drug seized by the forensic
f. The drugs were turned over immediately to chemist to the court. (People v.
the crime laboratory, without it being first Watamama, G.R. No. 18871, 2014)
delivered to an investigating officer (People
v. Calibod, G.R. No. 230230, 2017) IV. Plea bargaining
While Section 23 of the Dangerous Drugs Act
g. The drugs were not directly turned over to
provides that “any person charged under any
the forensic chemist. Instead, it was only left
provision of this Act regardless of the imposable
within the premises of the crime laboratory
penalty shall not be allowed to avail of the
(People v. Calibod, G.R. No. 230230, 2017)
provision on plea-bargaining,” this provision has
h. There were discrepancies in the labels of the been stricken down as unconstitutional in
seized items (People v. Alvaro, G.R. No. Estipona v. Hon. Lobrigo (G.R. 226679, 2017) for
225596, 2018) being contrary to the rule-making authority of the
Page 276 of 354

ATENEO CENTRAL
Supreme Court under Section 5 (5), Article VIII of TOPIC OUTLINE UNDER THE SYLLABUS:
the Constitution.
V. Other relevant rules
While testimony about a perfect chain is not L. CODE OF CONDUCT AND ETHICAL
always the standard because it is almost always STANDARDS FOR PUBLIC OFFICIALS AND
impossible to obtain, an unbroken chain of EMPLOYEES (RA 6713)
custody becomes indispensable and
essential when the item of real evidence is not 1. Definition of terms (Sec. 3)
distinctive and is not readily identifiable, or
when its condition at the time of testing or trial 2. Norms of conduct of public officials and
is critical, or when a witness has failed to employees (Sec. 4)
observe its uniqueness. The same standard
likewise obtains in case the evidence is 3. Duties of public officials and employees
susceptible to alteration, tampering, (Sec. 5)
contamination and even substitution and
exchange. In other words, the exhibit’s level of 4. Prohibited acts (Sec. 7)
susceptibility to fungibility, alteration or tampering
– without regard to whether the same is advertent 5. Statements and disclosure (Sec. 8)
or otherwise not – dictates the level of strictness
in the application of the chain of custody rule. 6. Divestment (Sec. 9)
(People v. Climaco, G.R. No. 199403, 2012)
Non-compliance with the procedural
requirements under RA 9165 and its IRR relative
to the custody, photographing, and drug-testing of
the apprehended persons, is not a serious flaw
that can render void the seizures and custody of
drugs in a buy-bust operation (People v.
Cardenas, G.R. No. 190342, 2012)
A buy-bust operation is valid despite the absence

of a prior surveillance. Prior surveillance is not
required, especially when the team is
accompanied to the scene by the informant
(People of the Philippines v. Camilo D. Nicart and
Manuel T. Capanpan, G.R. No. 182059, 2012)
Page 277 of 354

ATENEO CENTRAL
directly or indirectly, in any manner or by any P. OBSTRUCTION OF JUSTICE LAW (PD

means, to any person or entity, the media, the fact 1829)
that a covered or suspicious transaction has been
I. Punishable acts
reported or is about to be reported, the contents
of the report, or any other information in relation Any person who knowingly or willfully obstructs,
thereto. Neither may such reporting be published impedes, frustrates or delays the apprehension
or aired in any manner or form by the mass of suspects and the investigation and
media", electronic mail, or other similar devices. prosecution of criminal cases shall be liable by
In case of violation thereof, the concerned officer committing any of the following acts:
and employee of the covered person and media
shall be held criminally liable. (Sec. 7, RA 10365) a. preventing witnesses from testifying in any
criminal proceeding or from reporting the
————- end of topic ————- commission of any offense or the identity of
any offender/s by means of bribery,
TOPIC OUTLINE UNDER THE SYLLABUS: misrepresentation, deceit, intimidation, force
or threats;
b. altering, destroying, suppressing or
P. OBSTRUCTION OF JUSTICE LAW (PD 1829) concealing any paper, record, document, or
object, with intent to impair its verity,
1. Punishable acts (Sec. 1) authenticity, legibility, availability, or
admissibility as evidence in any
2. Obstruction of justice vs. accessory to a investigation of or official proceedings in,
crime criminal cases, or to be used in the
investigation of, or official proceedings in,
criminal cases;
c. harboring or concealing, or facilitating

the escape of, any person he knows, or has
reasonable ground to believe or suspect,
has committed any offense under existing
penal laws in order to prevent his arrest,
prosecution and conviction;
d. publicly using a fictitious name for the

purpose of concealing a crime, evading
prosecution or the execution of a judgment,
or concealing his true name and other
personal circumstances for the same
purpose or purposes;
e. delaying the prosecution of criminal cases by

obstructing the service of process or
court orders or disturbing proceedings in
the fiscal's offices, in Tanodbayan, or in the
courts;
f. making, presenting or using any record,

document, paper or object with knowledge
of its falsity and with intent to affect the
Page 294 of 354

ATENEO CENTRAL
course or outcome of the investigation of, Covers different acts

Punishes the act of
or official proceedings in, criminal cases; in the apprehension,
harbouring, concealing
investigation and
g. soliciting, accepting, or agreeing to accept and assisting in the
prosecution of the
any benefit in consideration of abstaining escape of the principal
crime
from, discontinuing, or impeding the
Punishes public
prosecution of a criminal offender;
officials who abused
h. threatening directly or indirectly another with their positions;
Punishes both private
the infliction of any wrong upon his punishes private
and public individuals,
person, honor or property or that of any individuals but only in
but with an additional
immediate member or members of his family the crimes of treason,
penalty for public
in order to prevent such person from attempt on the life of
officials; Not limited to
appearing in the investigation of, or official the Chief Executive,
a set of particular
proceedings in, criminal cases, or imposing murder, parricide or a
crimes
a condition, whether lawful or unlawful, in principal known to be
order to prevent a person from appearing in habitually guilty of
the investigation of or in official proceedings some other crime
in, criminal cases; or Penalties for
accessories under the
i. giving of false or fabricated information to RPC shall not be
mislead or prevent the law enforcement imposed upon those
agencies from apprehending the offender or Relatives of the who are such with
from protecting the life or property of the offender do not enjoy respect to their
victim; or fabricating information from the the same exemption spouses, ascendants,
data gathered in confidence by investigating from criminal liability descendants,
authorities for purposes of background as that of an legitimate, natural, and
information and not for publication and accessory under the adopted brothers and
publishing or disseminating the same to RPC. sisters, or relatives by
mislead the investigator or the court. affinity within the same
degrees, subject to a
If any of the acts mentioned herein is penalized single exception.
by any other law with a higher penalty, the higher (Article 20, RPC)
penalty shall be imposed. (Sec. 1)
III. Other relevant rules
II. Obstruction of justice vs. accessory to a
Obstruction of justice by a public official or
crime
employee
Distinguishing an accessory from a principal
in PD 1829 If any of the foregoing acts is committed by a
Obstruction of public official or employee, he shall in addition to
Accessory to a crime the penalties provided thereunder, suffer
justice
perpetual disqualification from holding public
Punished as a Part of the original
office. (Sec. 2)
separate crime crime
Offender is an
Offender is principal Refusal to surrender
accessory
When there is no warrant of arrest or there exist
Focuses on the Focuses on the
no ground for a valid warrantless arrest, there
prosecution of the prevention of the
could be no violation of PD 1829 as the refusal to
crime discovery of the crime
surrender by the accused was done within the
Page 295 of 354

ATENEO CENTRAL
bounds of law. (Posadas v. Ombudsman, G.R. proceeds of the offense and shall likewise be
No. 131492, 2000) confiscated and forfeited in favor of the State.
Intent to conceal under other offenses (Sec. 9, RA 9287)
A person cannot be prosecuted for both rebellion ————- end of topic ————-
and PD 1829. In determining the proper charge,
the intent or motive is a decisive factor. If the act TOPIC OUTLINE UNDER THE SYLLABUS:
of concealment is committed with political or
social motives, that is in furtherance of rebellion, III. SPECIAL PENAL LAWS
then it should be deemed to form part of the crime
Q. ANTI-TORTURE ACT OF 2009 (RA 9745)
of rebellion instead of being punished separately
under PD 1829. (Enrile v. Amin, G.R. No. 93335, 1. Elements (Sec. 3)
1990)
2. Acts of torture (Sec. 4)
Immunity from prosecution
3. Persons liable (Sec. 13)
Any person who serves as a witness for the
government or provides evidence in a criminal 4. Prohibited detention (Sec. 7)
case involving any violation of this Act, or who
voluntarily or by virtue of a subpoena 5. Applicability of exclusionary rule;
testificandum or duces tecum, produces, Exception (Sec. 8)
identifies, or gives testimony shall be immune
6. Applicability of refouler (Sec. 9)
from any criminal prosecution. (Sec. 8, RA 9287)
Prosecution, judgment and forfeiture of
property
Any person may be charged with or convicted of

the offenses covered by this Act without
prejudice to the prosecution of any act or acts
penalized under the Revised Penal Code or
other existing laws.
During the pendency of the case, no property or

income used or derived therefrom which may be
confiscated and forfeited shall be disposed,
alienated or transferred and the same shall be
in custodia legis and no bond shall be admitted
for the release of the same.
Upon conviction, all proceeds, gambling

paraphernalia and other instruments of the crime
including any real or personal property used in
any illegal numbers game operation shall be
confiscated and forfeited in favor of the State.
All assets and properties of the accused either
owned or held by him/her in his/her name or in
the name of another person found to be
manifestly out of proportion to his/her lawful
income shall be prima facie presumed to be
Page 296 of 354

ATENEO CENTRAL
Q. ANTI-TORTURE ACT OF 2009 (RA 9745) b. Food deprivation or forcible feeding with
spoiled food, animal or human excreta and
I. Elements
other stuff or substances not normally eaten;
Elements of torture
c. Electric shock;
1. Any act by which severe physical or mental d. Cigarette burning; burning by electrically
pain or suffering; heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on
2. Is inflicted by or at the instigation of or with mucous membranes, or acids or spices
the consent or acquiescence of a person in directly on the wound(s);
authority or his agent;
e. The submersion of the head in water or
3. Intentionally inflicted on a person; water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
4. For the purpose of:
f. Being tied or forced to assume fixed and
a. Obtaining information or a confession; stressful bodily position;
g. Rape and sexual abuse, including the
b. Punishment for an act he or a third insertion of foreign objects into the sex organ
person has committed, or is or rectum, or electrical torture of the genitals;
suspected of having committed;
h. Mutilation or amputation of the essential
c. Intimidation or coercion; and parts of the body such as the genitalia, ear,
tongue, etc.;
d. Any reason based on discrimination of
i. Dental torture or the forced extraction of the
any kind. (Sec. 3)
teeth;
II. Acts of torture j. Pulling out of fingernails;
Who is a victim k. Harmful exposure to the elements such as
sunlight and extreme cold;
Person subjected to torture or other cruel,
inhuman and degrading treatment or punishment l. The use of plastic bag and other materials
as defined above and any individual who has placed over the head to the point of
suffered harm as a result of any act(s) of torture, asphyxiation;
or other cruel, inhuman and degrading treatment m. The use of psychoactive drugs to change the
or punishment. (Sec. 3) perception, memory, alertness or will of a
person, such as:
Physical torture
• The administration of drugs to induce
It is a form of treatment or punishment inflicted by confession and/or reduce mental
a person in authority or agent of a person in competency; or
authority upon another in his/her custody that • The use of drugs to induce extreme
causes severe pain, exhaustion, disability or pain or certain symptoms of a
dysfunction of one or more parts of the body, such disease; and
as:
n. Other analogous acts of physical torture.
a. Systematic beating, headbanging, punching, (Sec. 4)
kicking, striking with truncheon or rifle butt or Mental/Psychological torture
other similar objects, and jumping on the
It refers to acts committed by a person in authority
stomach;
or agent of a person in authority which are
calculated to affect or confuse the mind and/or
Page 297 of 354

ATENEO CENTRAL
undermine a person’s dignity and morale, such punishment, its physical and mental effects and,
as: in some cases, the sex, religion, age and state of
a. Blindfolding; health of the victim. (Sec. 5)
b. Threatening a person(s) or his/her relative(s) III. Persons liable

with bodily harm, execution or other wrongful The following shall be held criminally liable for
acts; the crime of torture:
c. Confinement in solitary cells or secret a. Liable as principals –
detention places;
1. Any person who actually participated
d. Prolonged interrogation; or induced another in the commission
e. Preparing a prisoner for a “show trial”, public of torture or other cruel, inhuman and
display or public humiliation of a detainee or degrading treatment or punishment or
prisoner; who cooperated in the execution of the
act of torture or other cruel, inhuman
f. Causing unscheduled transfer of a person and degrading treatment or punishment
deprived of liberty from one place to another, by previous or simultaneous acts
creating the belief that he/she shall be
summarily executed; 2. Any superior military, police or law
enforcement officer or senior
g. Maltreating a member/s of a person’s family; government official who issued an order
h. Causing the torture sessions to be witnessed to any lower ranking personnel to
by the person’s family, relatives or any third commit torture for whatever purpose
party; 3. The immediate commanding officer of
i. Denial of sleep/rest; the unit concerned of the AFP or the
j. Shame infliction such as stripping the person immediate senior public official of the
naked, parading him/her in public places, PNP and other law enforcement
shaving the victim’s head or putting marks agencies for any act or omission, or
on his/her body against his/her will; negligence committed by him/her that
shall have led, assisted, abetted or
k. Deliberately prohibiting the victim to allowed, whether directly or indirectly,
communicate with any member of his/her the commission thereof by his/her
family; and subordinates
l. Other analogous acts of If he/she has knowledge of or, owing to the
mental/psychological torture. (Sec. 4) circumstances at the time, should have
known that acts of torture or other cruel,
inhuman and degrading treatment or
Other cruel, inhuman and degrading
punishment shall be committed, is being
treatment or punishment
committed, or has been committed by
It refers to a deliberate and aggravated his/her subordinates or by others within
treatment or punishment not enumerated under his/her area of responsibility and, despite
Section 4 of this Act, inflicted by a person in such knowledge, did not take preventive or
authority or agent of a person in authority against corrective action either before, during or
another person in custody, which attains a level immediately after its commission, when
of severity sufficient to cause suffering, gross he/she has the authority to prevent or
humiliation or debasement to the latter. investigate allegations of torture or other
The assessment of the level of severity shall cruel, inhuman and degrading treatment or
depend on all the circumstances of the case, punishment but failed to prevent or
including the duration of the treatment or investigate allegations of such act, whether
Page 298 of 354

ATENEO CENTRAL
deliberately or due to negligence shall also V. Applicability of exclusionary rule;

be liable as principals. Exception
b. Liable as accessory – Any public officer or General rule: Any confession, admission or
employee shall be liable as an accessory if statement obtained as a result of torture shall be
he/she has knowledge that torture or other inadmissible in evidence in any proceedings,
cruel, inhuman and degrading treatment or
punishment is being committed and without EXCEPTION: If the same is used as evidence
having participated therein, either as against a person or persons accused of
principal or accomplice, takes part committing torture. (Sec. 8)
subsequent to its commission in any of the
VI. Applicability of refouler
following manner:
No person shall be expelled, returned or
1. By themselves profiting from or extradited to another State where there are
assisting the offender to profit from the substantial grounds to believe that such
effects of the act of torture or other person shall be in danger of being subjected to
cruel, inhuman and degrading torture.
treatment or punishment;
2. By concealing the act of torture or other For the purposes of determining whether such
cruel, inhuman and degrading grounds exist, the Secretary of the Department of
treatment or punishment and/or Foreign Affairs (DFA) and the Secretary of the
destroying the effects or instruments DOJ, in coordination with the Chairperson of the
thereof in order to prevent its discovery; CHR, shall take into account all relevant
or considerations including, where applicable and
not limited to, the existence in the requesting
3. By harboring, concealing or assisting in State of a consistent pattern of gross, flagrant
the escape of the principals in the act of or mass violations of human rights. (Sec. 17)
torture or other cruel, inhuman and
degrading treatment or punishment.
The accessory acts should be done with the
abuse of the official’s public functions. (Sec.
13)
IV. Prohibited detention

Secret detention places, solitary confinement,
incommunicado or other similar forms of
detention, where torture may be carried out with
impunity are hereby prohibited.
The PNP, AFP and other law enforcement

agencies concerned shall make an updated list of
all detention centers and facilities under their
respective jurisdictions with the corresponding
data on prisoners or detainees incarcerated or
detained therein. This list shall be available to the
public at all times and updated by the same
agencies every 5 days of the month at the
minimum. (Sec. 7)
Page 299 of 354

ATENEO CENTRAL
VII. Other relevant rules R. HUMAN SECURITY ACT OF 2007 (RA

9372)
Torture as a separate and independent crime
I. Elements
Torture as a crime shall not absorb or shall not be
absorbed by any other crime or felony committed Elements of terrorism
as a consequence, or as a means in the conduct 1. Any person who commits an act punishable
or commission thereof. It shall be treated as a under any of the following:
separate and independent criminal act whose a. Piracy in general and Munity in the High
penalties shall be imposable without prejudice to Seas or in the Philippine Waters;
any other criminal liability provided for by b. Rebellion or Insurrection;
domestic and international laws. (Sec. 15) c. Coup d’état, including acts committed
by private persons;
Applicability of the Revised Penal Code
d. Murder; Kidnapping and Serious Illegal
The provisions of the Revised Penal Code insofar Detention;
as they are applicable shall be suppletory to this e. Crimes Involving Destruction or under
Act. Moreover, if the commission of any crime f. The Law on Arson;
punishable under Title Eight (Crimes Against g. Toxic Substances and Hazardous and
Persons) and Title Nine (Crimes Against Personal Nuclear Waste Control Act of 1990;
Liberty and Security) of the Revised Penal Code h. Atomic Energy Regulatory and Liability
is attended by any of the acts constituting torture Act of 1968;
and other cruel, inhuman and degrading i. Anti-Hijacking Law;
treatment or punishment as defined herein, the j. Anti-piracy and Anti-highway Robbery
penalty to be imposed shall be in its maximum Law of 1974; and
period. (Sec. 22) k. Decree Codifying the Laws on Illegal
and Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of
TOPIC OUTLINE UNDER THE SYLLABUS: Firearms, Ammunitions or Explosives;
2. Thereby sowing and creating widespread
III. SPECIAL PENAL LAWS and extraordinary fear and panic among the
populace; and,
R. HUMAN SECURITY ACT OF 2007 (RA 9372) 3. To coerce the government to give in to an
unlawful demand.
1. Elements of terrorism (Sec. 3)
Anyone found guilty of terrorism or conspiring to
2. Other punishable acts
commit terrorism shall suffer the penalty of 40
3. Conspiracy to commit terrorism (Sec. 4) years imprisonment, without the benefit of parole
as provided for under the Indeterminate Sentence
4. Accomplice and accessory (Secs. 5 and Law. (Sec. 3)
6)
II. Other punishable acts
5. Other relevant provisions
The following are punishable under RA 9372:
a. Unauthorized or malicious examination of a

bank or a financial institution;
b. Bank officials and employees defying a court
authorization;
Page 300 of 354

ATENEO CENTRAL
c. False or untruthful statement or a. by profiting himself or assisting the offender

misrepresentation of material fact in joint to profit by the effects of the crime;
affidavits;
b. by concealing or destroying the body of the
d. Unjustified refusal to restore or delay in crime, or the effects, or instruments
restoring seized, sequestered and frozen thereof, in order to prevent its discovery;
bank deposits, placements, trust accounts, c. by harboring, concealing, or assisting in the
assets and records;
escape of the principal or conspirator of
e. Loss, misuse, diversion or dissipation of the crimes.
seized, sequestered and frozen bank
The penalties prescribed for accessories shall not
deposits, placements, trust accounts, assets
be imposed upon those who are such with
and records;
respect to their spouses, ascendants,
f. Infidelity in the custody of detained persons; descendants, legitimate, natural, and adopted
brothers and sisters, or relatives by affinity within
g. Unauthorized revelation of classified
materials; and the same degrees, with the single exception of
accessories falling within the provisions of item
h. Furnishing false evidence, forged document, (a). (Sec. 6)
or spurious evidence.
III. Conspiracy to commit terrorism
There is conspiracy when two or more persons TOPIC OUTLINE UNDER THE SYLLABUS:
come to an agreement concerning the
commission of the crime of terrorism as defined III. SPECIAL PENAL LAWS
above and decide to commit the same.
S. TERRORISM FINANCING PREVENTION
Persons who conspire to commit the crime of AND SUPPRESSION ACT OF 2012 (RA 10168)
terrorism shall suffer the penalty of forty (40)
1. Definition of terms (Sec. 3)
years of imprisonment. (Sec. 4)
2. Financing of terrorism (Sec. 4)
IV. Accomplice and accessory
Accomplice to terrorism 3. Extraterritorial application (Sec. 19)
Any person who, not being a principal under 4. Extradition (Sec. 20)
Article 17 of the Revised Penal Code or a
conspirator as defined in Section 4, cooperates
in the execution of either the crime of terrorism
or conspiracy to commit terrorism by previous or
simultaneous acts shall be liable as an
accomplice. (Sec. 5)
Accessory to terrorism
Any person who, having knowledge of the

commission of the crime of terrorism or
conspiracy to commit terrorism, and without
having participated therein, either as principal or
accomplice under Articles 17 and 18 of the
Revised Penal Code, takes part subsequent to its
commission in any of the following manner, shall
be liable as an accessory:
Page 301 of 354

ATENEO CENTRAL
S. TERRORISM FINANCING PREVENTION converted, concealed, moved or disposed without

AND SUPPRESSION ACT OF 2012 (RA affecting the ownership thereof.
10168)
Property or funds
It refers to financial assets, property of every kind,
Covered institutions whether tangible or intangible, movable or
immovable, however acquired, and legal
This refers to or shall have the same meaning as documents or instruments in any form, including
defined under the Anti-Money Laundering Act electronic or digital, evidencing title to, or interest
(AMLA). in, such funds or other assets, including, but not
limited to, bank credits, travellers cheques, bank
Dealing, with regard to property or funds
cheques, money orders, shares, securities,
This refers to receipt, acquisition, transacting, bonds, drafts, or letters of credit, and any interest,
representing, concealing, disposing or dividends or other income on or value accruing
converting, transferring or moving, use as from or generated by such funds or other assets.
security of or providing financial services.
Terrorist
Designated persons It refers to any natural person who:
a. Commits, or attempts, or conspires to
It refers to: commit terrorist acts by any means, directly
or indirectly, unlawfully and willfully;
a. Any person or entity designated and/or
b. Participates, as a principal or as an
identified as a terrorist, one who finances
accomplice, in terrorist acts;
terrorism, or a terrorist organization or group
c. Organizes or directs others to commit
under the applicable United Nations Security
terrorist acts;
Council Resolution or by another jurisdiction
d. Contributes to the commission of terrorist
or supranational jurisdiction;
acts by a group of persons acting with a
b. Any organization, association, or group of common purpose where the contribution is
persons proscribed pursuant to Section 17 of made intentionally and with the aim of
the Human Security Act of 2007; or furthering the terrorist act or with the
c. Any person, organization, association, or knowledge of the intention of the group to
group of persons whose funds or property, commit a terrorist act.
based on probable cause are subject to
seizure and sequestration under Section 39 Terrorist acts
of the Human Security Act of 2007. This refers to the following:
a. Any act in violation of Section 3 or Section 4
of the Human Security Act of 2007;
Forfeiture
b. Any other act intended to cause death or
It is a court order transferring in favor of the
serious bodily injury to a civilian, or to any
government, after due process, ownership of
other person not taking an active part in the
property or funds representing, involving, or
hostilities in a situation of armed conflict,
relating to financing of terrorism as defined in
when the purpose of such act, by its nature
Section 4 or an offense under Sections 5, 6, 7, 8,
or context, is to intimidate a population, or to
or 9 of this Act.
compel a government or an international
organization to do or to abstain from doing
Freeze
any act;
It refers to the blocking or restraining of specific
c. Any act which constitutes an offense under
property or funds from being transacted,
this Act, that is within the scope of any of the
Page 302 of 354

ATENEO CENTRAL
following treaties of which the Republic of property or funds or makes available

the Philippines is a State party. property, funds or financial service or other
Terrorist organization, association or a group related services, by any means, with the
of persons unlawful and willful intention that they should
It refers to any entity owned or controlled by any be used or with the knowledge that they are
terrorist or group of terrorists that: to be used, in full or in part:
a. Commits, or attempts to commit, terrorist 1. to carry out or facilitate the
acts by any means, directly or indirectly, commission of any terrorist act;
unlawfully and willfully; 2. by a terrorist organization,
b. Participates as an accomplice in terrorist association or group; or
acts; 3. by an individual terrorist;
c. Organizes or directs others to commit b. Any person who organizes or directs others
terrorist acts; to commit financing of terrorism
d. Contributes to the commission of terrorist Knowledge or intent may be established by
acts by a group of persons acting with direct evidence or inferred from the attendant
common purpose of furthering the terrorist circumstances.
act where the contribution is made For an act to constitute a crime under this Act, it
intentionally and with the aim of furthering shall not be necessary that the funds were
the terrorist act or with the knowledge of the actually used to carry out terrorist acts. (Sec. 4)
intention of the group to commit a terrorist
act. (Sec. 3) III. Extraterritorial application
Subject to the provision of an existing treaty,
Accomplice under RA 10168 including the International Convention for the
Any person who, not being a principal under Suppression of the Financing of Terrorism of
Article 17 of the Revised Penal Code or a which the Philippines is a State Party, and to any
conspirator as defined in Section 5 hereof, contrary provision of any law of preferential
cooperates in the execution of either the crime of application, the criminal provisions of this Act
financing of terrorism or conspiracy to commit the shall apply:
crime of financing of terrorism by previous or a. to individual persons who, although
simultaneous acts. (Sec. 6) physically outside the territorial limits of the
Philippines, commit, conspire or plot to
Accessory under RA 10168 commit any of the crimes defined and
Any person who, having knowledge of the punished in this Act inside the territorial limits
commission of the crime of financing of terrorism of the Philippines;
but without having participated therein as a b. to individual persons who, although
principal, takes part subsequent to its physically outside the territorial limits of the
commission, by profiting from it or by assisting the Philippines, commit any of the said crimes
principal or principals to profit by the effects of the on board Philippine ship or Philippine
crime, or by concealing or destroying the effects airship;
of the crime in order to prevent its discovery, or by c. to individual persons who commit any of said
harboring, concealing or assisting in the escape crimes within any embassy, consulate, or
of a principal of the crime. (Sec. 7) diplomatic premises belonging to or
occupied by the Philippine government in an
II. Financing of terrorism official capacity;
The following shall be guilty of the crime of d. to individual persons who, although
financing of terrorism: physically outside the territorial limits of the
a. Any person who, directly or indirectly, Philippines, commit said crimes against
willfully and without lawful excuse, Philippine citizens or persons of Philippine
possesses, provides, collects or uses
Page 303 of 354

ATENEO CENTRAL
descent, where their citizenship or ethnicity T. ANTI-WIRE TAPPING ACT (RA 4200)
was a factor in the commission of the crime;
I. Prohibited acts
e. to individual persons who, although
physically outside the territorial limits of the It shall unlawful for any person to commit any of
Philippines, commit said crimes directly the following acts:
against the Philippine government; and,
a. Not being authorized by all the parties to any
f. to a Filipino national who, although outside private communication or spoken word, to
the territorial jurisdiction of the Philippines, tap any wire or cable, or by using any other
commit, conspire or plot to commit any of the device or arrangement, to secretly
crimes defined and punished in this Act. overhear, intercept, or record such
(Sec. 19) communication or spoken word by using a
device commonly known as a dictaphone or
dictagraph or detectaphone or walkie-talkie
IV. Extradition
or tape recorder, or however otherwise
The Philippines may, at its option, subject to the
described;
principle of reciprocity, consider the International
Convention for the Suppression of the Financing b. Be he a participant or not in the act or acts
of Terrorism as a legal basis for requesting or penalized in the next preceding sentence, to
granting extradition in respect of the offenses set knowingly possess any tape record, wire
forth under this Act. (Sec. 20) record, disc record, or any other such record,
or copies thereof, of any communication or
In case of an alien whose extradition is requested spoken word secured either before or after
pursuant to the International Convention for the the effective date of this Act in the manner
Suppression of the Financing of Terrorism, and prohibited by this law;
that alien is not extradited to the requesting State, c. To replay the same for any other person/s;
the Republic of the Philippines, without exception
d. To communicate the contents thereof, either
whatsoever and whether or not the offense was
verbally or in writing, or to furnish
committed in the Philippines, shall submit the
transcriptions thereof, whether complete or
case without undue delay to the Department of
partial, to any other person; or,
Justice for the purpose of prosecution in the same
manner as if the act constituting the offense had e. To willfully or knowingly do or aid, permit, or
been committed in the Philippines, in which case, cause to be done any of the acts under the
the courts of the Philippines shall have jurisdiction above-items (a) to (d) or any order issued
over the offense. (Sec. 19) thereunder, or aids, permits, or causes such
violation. (Secs. 1 and 2)
II. Allowable wire tapping
TOPIC OUTLINE UNDER THE SYLLABUS: Nothing under this Act shall render it unlawful or
punishable for any peace officer, authorized by
III. SPECIAL PENAL LAWS a written order of the Court, to execute any of
the acts declared to be unlawful above in cases
T. ANTI-WIRE TAPPING ACT (RA 4200) involving the following crimes:
1. Prohibited acts (Secs. 1 and 2) a. Treason;
2. Allowable wire tapping (Sec. 3) b. Espionage;
c. Provoking war and disloyalty in case of war;
3. Inadmissibility (Sec. 4)
d. Piracy;
Page 304 of 354

ATENEO CENTRAL
e. Mutiny in the high seas; communications, the telegraph line or the

telephone number involved and its location;
f. Rebellion;
b. identity of the peace officer authorized to
g. Conspiracy and proposal to commit
overhear, intercept, or record the
rebellion, inciting to rebellion;
communications, conversations,
h. Sedition, conspiracy to commit sedition, discussions, or spoken words;
inciting to sedition;
c. offense or offenses committed or sought to
i. Kidnapping as defined by the Revised Penal be prevented; and
Code; and,
d. the period of the authorization.
j. Violations of Commonwealth Act No. 616,
The authorization shall be effective for the period
punishing espionage and other offenses
against national security. (Sec. 3) specified in the order which shall not exceed
sixty (60) days from the date of issuance of the
The written order shall only be issued or granted order, UNLESS extended or renewed by the court
– upon being satisfied that such extension or
a. Upon written application and the renewal is in the public interest.
examination under oath or affirmation of the
III. Inadmissibility
applicant and the witnesses he may
produce; Any communication or spoken word, or the
b. That there are reasonable grounds to existence, contents, substance, purport, effect, or
believe that any of the crimes enumerated meaning of the same or any part thereof, or any
above has been committed or is being information therein contained, obtained or
committed or is about to be committed; secured by any person in violation of this Act
shall not be admissible in evidence in any
In cases involving the offenses of rebellion, judicial, quasi-judicial, legislative or
conspiracy and proposal to commit rebellion, administrative hearing or investigation. (Sec.
inciting to rebellion, sedition, conspiracy to 4)
commit sedition, and inciting to sedition, such
authority shall be granted only upon prior proof IV. Other relevant rules
that a rebellion or acts of sedition, as the case
All recordings made under court authorization
may be, have actually been or are being
shall, within forty-eight hours after the expiration
committed.
of the period fixed in the order, be deposited with
c. That there are reasonable grounds to the court in a sealed envelope or sealed package,
believe that evidence will be obtained and shall be accompanied by an affidavit of the
essential to the conviction of any person peace officer granted such authority stating the
for, or to the solution of, or to the number of recordings made, the dates and times
prevention of, any such crimes; and covered by each recording, the number of tapes,
d. that there are no other means readily discs, or records included in the deposit, and
available for obtaining such evidence. certifying that no duplicates or copies of the whole
or any part thereof have been made, or if made,
The written order of the Court granted or issued
that all such duplicates or copies are included in
shall specify –
the envelope or package deposited with the court.
a. identity of the person or persons whose (Sec. 3)
communications, conversations,
discussions, or spoken words are to be The envelope or package so deposited shall not
overheard, intercepted, or recorded and, in be opened, or the recordings replayed, or used in
the case of telegraphic or telephonic evidence, or their contents revealed, except upon
order of the court, which shall not be granted
Page 305 of 354

ATENEO CENTRAL
except upon motion, with due notice and TOPIC OUTLINE UNDER THE SYLLABUS:
opportunity to be heard to the person or persons
whose conversation or communications have III. SPECIAL PENAL LAWS
been recorded. (Sec. 3)
U. CYBERCRIME PREVENTION ACT OF 2012
The Act clearly and unequivocally makes it illegal (RA 10175)
for any person, not authorized by all the parties to
any private communication to secretly record 1. Definition of terms (Sec. 3)
such communication by means of a tape
2. Punishable acts
recorder. The law makes no distinction as to
whether the party sought to be penalized by the a. Cybercrime offenses (Sec. 4)
statute ought to be a party other than or different
from those involved in the private communication. b. Other offenses (Sec. 5)
(Ramirez v. Court of Appeals, G.R. No. 93833,
1995) 3. Jurisdiction (Sec. 21)
An extension telephone cannot be placed in the 4. Other relevant rules

same category as a dictaphone, dictagraph or the
other devices enumerated in Section 1 of RA No.
4200 as the use thereof cannot be considered as
"tapping" the wire or cable of a telephone line.
Hence, the phrase "device or arrangement" in
Section 1 of RA No. 4200, although not exclusive
to that enumerated therein, should be construed
to comprehend instruments of the same or similar
nature, that is, instruments the use of which would
be tantamount to tapping the main line of a
telephone. It refers to instruments whose
installation or presence cannot be presumed by
the party or parties being overheard because, by
their very nature, they are not of common usage
and their purpose is precisely for tapping,
intercepting or recording a telephone
conversation. (Gaanan v. Intermediate Appellate
Court, G.R. No. L-69809, 1986)
Page 306 of 354

ATENEO CENTRAL
laws if committed by, through and with the use of TOPIC OUTLINE UNDER THE SYLLABUS:
information and communications technologies
shall be covered by the relevant provisions of this III. SPECIAL PENAL LAWS
Act. (Sec. 6)
V. ANTI-CHILD PORNOGRAPHY ACT OF 2009
Any evidence procured without a valid warrant or (RA 9775)
beyond the authority of the same shall be
inadmissible for any proceeding before any 1. Definition of terms (Sec. 3)
court or tribunal. (Sec. 18)
2. Prohibited acts (Sec. 4)
All relevant international instruments on
international cooperation in criminal matters,
3. Syndicated child pornography (Sec. 5)
arrangements agreed on the basis of uniform or
reciprocal legislation, and domestic laws, to the
widest extent possible for the purposes of
investigations or proceedings concerning criminal
offenses related to computer systems and data,
or for the collection of evidence in electronic form
of a criminal, offense shall be given full force and
effect. (Sec. 22)
Case study: X was charged with libel after

sending libelous emails to the officers of Corp A
and Y. In said emails, she aired grievances about
the performance of Y as chairman of Corp A. She
argued that publication, one of the elements of
libel was not present and that emailing does not
constitute publication under Article 355 of the
RPC. Since the information did not allege that the
emails were accessed by other persons, there
could be no publication. Lastly, X alleged that she
sent the emails as private communication of Corp
A with good faith and in the performance of a legal
duty. Are X’s emails covered under Article 355 of
the RPC?
Whether emailing is sufficiently “public”

as required by Articles 353 and 355 of the
RPC and the Anti-Cybercrime Law, is a
matter of defense that should be properly
raised during trial. While grievances,
channeled through proper public
authorities, has a degree of protected
freedom of speech. The scope and extent
of that protection cannot be grounded in
abstractions. The facts of the case need
to be proven by evidence. (Dio v. People,
G.R. No. 208146, 2016)
Page 310 of 354

ATENEO CENTRAL
V. ANTI-CHILD PORNOGRAPHY ACT OF who is engaged in or is represented as

2009 (RA 9775) being engaged in explicit sexual activity,
or an audio representation that
advocates, encourages or counsels any
Child sexual activity with children which is an
It refers to any person below 18 or over, but is offense under this Act; and
unable to fully take care of himself/herself from • Written text or material that advocates or
abuse, neglect, cruelty, exploitation or counsels explicit sexual activity with a
discrimination because of a physical or mental child and whose dominant characteristic
disability or condition. is the description, for a sexual purpose,
of an explicit sexual activity with a child.
It shall also refer to – b. As to content:
a. Any person regardless of age who is It includes representation of a person who is,
presented, depicted or portrayed as a child; appears to be, or is represented as being a
and, child, the dominant characteristic of which is
b. Computer-generated, digitally or manually the depiction, for a sexual purpose, of:
crafted images or graphics of a person who • the sexual organ or the anal region, or a
is represented or who is made to appear to representation thereof; and
be a child. • the breasts, or a representation of the
breasts, of a female person.
Child pornography
It refers any representation of a child engaged or II. Prohibited acts
involved in real or simulated explicit sexual It shall be unlawful for any person:
activities. a. To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
Explicit sexual activity production of any form of child pornography
This term includes actual or simulated – b. To produce, direct, manufacture or create
a. sexual intercourse or lascivious act any form of child pornography.
including, but not limited to, contact involving c. To publish, offer, transmit, sell, distribute,
genital to genital, oral to genital, anal to broadcast, advertise, promote, export or
genital, or oral to anal, whether between import any form of child pornography
persons of the same or opposite sex; d. To possess any form of child pornography
b. bestiality; with the intent to sell, distribute, publish, or
c. masturbation; broadcast.
d. sadistic or masochistic abuse; e. Willfully and intentionally providing a venue
e. lascivious exhibition of the genitals, for the commission of prohibited acts.
buttocks, breasts, pubic area and/or anus; or f. Distribution of any form of child pornography
f. use of any object or instrument for lascivious by film distributors, theaters and
acts telecommunication companies, by
themselves or in cooperation with other
Child pornography materials entities.
It refers to the means and methods by which child g. Assisting in any form of child pornography by
pornography is carried out: a parent or guardian.
a. As to form: h. Engaging in luring or grooming.
• Visual depiction – not only images of real i. Engaging in pandering of any form of child
children but also digital images, computer pornography.
images or computer-generated images; j. Willful access any form of child pornography;
• Audio representation of a person who is
or is represented as being a child and
Page 311 of 354

ATENEO CENTRAL
k. To conspire to commit any of the prohibited V. Other relevant rules

acts stated in this section. Conspiracy to
Duties of an Internet Service Provider (ISP)
commit any form of child pornography shall
All internet providers (ISPs) shall notify the
be committed when two (2) or more persons
Philippine National Police (PNP) or the National
come to an agreement concerning the
Bureau of Investigation (NBI) within seven (7)
commission of any of the said prohibited acts
days from obtaining facts and circumstances that
and decide to commit it; and
any form of child pornography is being committed
l. Possession of any form of child
using its server or facility of any user, subscriber,
pornography. (Sec. 4)
or customer, or the content of any communication
of any such person
The possession of three (3) or more articles of
child pornography of the same form shall be
Provided, that no ISP shall be held civilly liable for
prima facie evidence of the intent to sell,
damages on account of any notice given in good
distribute, publish, or broadcast
faith in compliance with this section.
III. Syndicated child pornography
Furthermore, an ISP shall preserve such
The crime of child pornography is deemed evidence for purposes of investigation and
committed by a syndicate if carried out by a prosecution by relevant authorities
group of three (3) or more persons conspiring
or confederating with one another. (Sec. 5) An ISP shall, upon the request of proper
authorities, furnish the particulars of users who
IV. Disputable Presumption of Knowledge
gained or attempted to gain access to an internet
All mall owners/operators and owners or lessors address which contains any form of child
of other business establishments shall notify the pornography.
PNP or the NBI within 7 days from obtaining facts
and circumstances that child pornography is All ISPs shall install available technology,
being committed in their premises. program, or software to ensure that access to or
transmittal of any form of child pornography will
Provided that public display of any form of child be blocked or filtered.
pornography within their premises is a conclusive
presumption of the knowledge of the mall An ISP who shall knowingly, willfully, and
owners/operators and owners or lessors of other intentionally violate the provision shall be subject
business establishments of the violation of this to the penalty provided under Section 15(k) of this
Act: Act (Section 9)
Provided, further, that a disputable presumption
of knowledge by mall owners/operators and Liability of mall owners/operators and
owners or lessors of other business owners/lessors of business establishments
establishments should know or reasonably know All mall owners/operators and owners or lessors
that a violation of this Act is being committed in of other business establishments shall notify the
their premises. Photo developers, information PNP or the NBI within seven (7) days from
technology professionals, credit card companies obtaining facts and circumstances that child
and banks and any person who has direct pornography is being committed in their
knowledge of any form of child pornography premises.
activities shall have the duty to report any
suspected child pornography materials or It should be noted that the public display of any
transactions to the proper authorities within seven form of child pornography within their premises is
(7) days from discovery thereof. a conclusive presumption of the knowledge of
the mall owners/operators and owners or lessors
Page 312 of 354

ATENEO CENTRAL
of other business establishments of the violation within forty-eight (48) hours from receiving the
of this Act. notice that any form of child pornography is hitting
its server shall be conclusive evidence of willful
There is disputable presumption of knowledge and intentional violation thereof.
that mall owners/operators and owners or lessors
of other business establishments should know or ————- end of topic ————-
reasonably know that a violation of this Act is
being committed in their premises.
TOPIC OUTLINE UNDER THE SYLLABUS:
Photo developers, information technology
professionals, credit card companies and banks III. SPECIAL PENAL LAWS
and any person who has direct knowledge of
W. ANTI-PHOTO AND VIDEO VOYEURISM
any form of child pornography activities shall
ACT OF 2009 (RA 9995)
have the duty to report any suspected child
pornography materials or transactions to the 1. Definition of terms (Sec. 3)
proper authorities within seven (7) days from
discovery thereof. 2. Prohibited acts (Sec. 4)
Any willful and intentional violation of this

provision shall be subject to the penalty provided
under Section 15(l) (Sec. 10)
Duties of an Internet Content Host

An internet content host shall
a. Not host any form of child pornography on
its internet address;
b. Within seven (7) days, report the presence
of any form of child pornography, as well as
the particulars of the person maintaining,
hosting, distributing or in any manner
contributing to such internet address, to the
proper authorities; and
c. Preserve such evidence for purposes of
investigation and prosecution by relevant
authorities.
An internet content host shall, upon the request

of proper authorities, furnish the particulars of
users who gained or attempted to gain access to
an internet address that contains any form of child
pornography.
An internet content host who shall knowingly,

willfully and intentionally violate this provision
shall be subject to the penalty provided under
Section 15 (j) of this Act:
Provided, That the failure of the internet content

host to remove any form of child pornography
Page 313 of 354

ATENEO CENTRAL
W. ANTI-PHOTO AND VIDEO VOYEURISM II. Prohibited acts

ACT OF 2009 (RA 9995)
Any person who commits the following shall be
I. Definition of terms liable for photo or video voyeurism:
a. Broadcast a. To take photo or video coverage of a person
or group of persons performing sexual act or
It is to make public, by any means, a visual image
any similar activity or to capture an image of
with the intent that it be viewed by a person or
the private area of a person/s such as the
persons.
naked or undergarment clad genitals, pubic
b. Capture area, buttocks or female breast without the
consent of the person/s involved and under
It means to videotape, photograph, film, record by circumstances in which the person/s
any means, or broadcast an image has/have a reasonable expectation of
privacy;
c. Photo or video voyeurism
b. To copy or reproduce, or to cause to be
It refers to the act of taking photo or video copied or reproduced, such photo or video or
coverage of a person or group of persons recording of sexual act or any similar activity
performing sexual act or any similar activity or of with or without consideration;
capturing an image of the private area of a person
c. To sell or distribute, or cause to be sold or
or persons without the latter's consent, under
distributed, such photo or video or recording
circumstances in which such person/s has/have
of sexual act, whether it be the original, copy
a reasonable expectation of privacy, or the act of
or reproduction thereof; or
selling, copying, reproducing, broadcasting,
sharing, showing or exhibiting the photo or video d. To publish or broadcast, or cause to be
coverage or recordings of such sexual act or published or broadcast, whether in print or
similar activity through VCD/DVD, internet, broadcast media, or show or exhibit the
cellular phones and similar means or device photo or video coverage or recordings of
without the written consent of the person/s such sexual act or any similar activity
involved, notwithstanding that consent to record through VCD/DVD, internet, cellular phones
or take photo or video coverage of same was and other similar means or device.
given by such person/s. The prohibition under items (b), (c) and (d) shall
apply notwithstanding that consent to record
d. Under circumstances in which a person has
or take photo or video coverage of the same
a reasonable expectation of privacy
was given by such person/s.
It refers to circumstances in which a reasonable
person would believe that he/she could disrobe in
privacy, without being concerned that an image or
a private area of the person was being captured;
or circumstances in which a reasonable person
would believe that a private area of the person
would not be visible to the public, regardless of
whether that person is in a public or private place.
(Sec. 3)
Page 314 of 354

ATENEO CENTRAL
TOPIC OUTLINE UNDER THE SYLLABUS: X. ANTI-SEXUAL HARASSMENT ACT OF

1995 (RA 7877)
I. Persons liable
X. ANTI-SEXUAL HARASSMENT ACT OF 1995 The following persons shall be held liable:
(RA 7877)
a. Principal by direct participation; and,
1. Persons liable
b. Principals by inducement and indispensable
2. Punishable acts (Sec. 3) cooperation – 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 also be held liable
under this Act. (Sec. 3)
II. Punishable acts

Work, education or training-related sexual
harassment is committed by an employer,
employee, manager, supervisor, agent of the
employer, teacher, instructor, 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 otherwise
requires any sexual favor from the other,
regardless of whether the demand, request or
requirement for submission is accepted by the
object of said act.
Sexual harassment in work-related or

employment environment
a. Sexual favor is made as a condition:
i. For hiring or employment;

ii. Re-employment or continued
employment;
iii. Granting promotions, favorable
compensation, or privileges; or,
iv. Refusal to grant the sexual favor results
in classifying the employee which would
discriminate or deprive employment
opportunities or otherwise adversely
affect said employee;
b. Acts would impair the employee's rights or
privileges under existing labor laws; or,
Page 315 of 354

ATENEO CENTRAL
c. Acts would result in an intimidating, hostile, ————- end of topic ————-

or offensive environment for the employee.
(Sec. 3) TOPIC OUTLINE UNDER THE SYLLABUS:
Sexual harassment in education or training III. SPECIAL PENAL LAWS

environment
Y. ANTI-TRAFFICKING IN PERSONS ACT OF
a. Against one who is under the care, custody 2003 (RA 9208, AS AMENDED BY RA 10364)
or supervision of the offender;
1. Definition of terms; Elements (Sec. 3)
b. Against one whose education, training,
apprenticeship or tutorship is entrusted to 2. Punishable acts (Sec. 4)
the offender;
3. Attempted trafficking (Sec. 4-A)
c. When the sexual favor is made a condition
to the giving of a passing grade, or the 4. Liability of accomplices; accessories
granting of honors and scholarships, or the (Secs. 4-B and 4-C)
payment of a stipend, allowance or other
benefits, privileges, or consideration; or, 5. Acts that promote trafficking (Sec. 5)
d. When the sexual advances result in an 6. Qualified trafficking (Sec. 6)

intimidating, hostile or offensive environment
for the student, trainee or apprentice. (Sec. 7. Initiation and prosecution of cases
3) (Sec. 8)
III. Other relevant rules 8. Prescriptive period (Sec. 12)

It is not essential that the demand, request or
requirement be made as a condition for continued
employment or for promotion to a higher position.
It is enough that the respondents acts result in
creating an intimidating, hostile or offensive
environment for the employee. (Domingo v.
Rayala, G.R. No. 155831, 2008)
Under RA 7877, an act of sexual harassment may

result in a criminal action wherein the accused is
prosecuted for a wrong committed against society
itself or the State whose law he or she violated.
Sexual harassment as defined and penalized
under Republic Act No. 7877 requires three
elements for an accused to be convicted: (1) that
the accused has authority, influence, or moral-
ascendancy over another; (2) the authority,
influence, or moral ascendancy exists in a work-
related, training-related, or education-related
environment, and (3) the accused who has
authority, influence, or moral-ascendancy over
another makes a demand, request, or
requirement of a sexual favor. (Escandor v.
People, G.R. No. 211962, July 06, 2020.)
Page 316 of 354

ATENEO CENTRAL
Y. ANTI-TRAFFICKING IN PERSONS ACT OF Involuntary Servitude

2003 (RA 9208, AS AMENDED BY RA
10364) A condition of enforced and compulsory service
induced by means of any scheme, plan or pattern,
I. Definition of terms intended to cause a person to believe that if he or
Child she did not enter into or continue in such
condition, he or she or another person would
It refers to a person below eighteen (18) years of suffer serious harm or other forms of abuse or
age or one who is over eighteen (18) but is unable physical restraint, or threat of abuse or harm, or
to fully take care of or protect himself/herself from coercion including depriving access to travel
abuse, neglect, cruelty, exploitation, or documents and withholding salaries, or the abuse
discrimination because of a physical or mental or threatened abuse of the legal process. (Sec. 3)
disability or condition.
Sex Tourism
Trafficking in persons
A program organized by travel and tourism-
Elements related establishments and individuals which
consists of tourism packages or activities, utilizing
1. Recruitment, transportation, transfer or and offering escort and sexual services as
harboring, or receipt of persons; enticement for tourists. This includes sexual
2. With or without the victim’s consent or services and practices offered during rest and
knowledge; recreation periods for members of the military.
(Sec. 3)
3. Within or across national borders;
4. By means of threat or use of force, or other Sexual Exploitation
forms of coercion, abduction, fraud,
Participation by a person in prostitution,
deception, abuse of power or of position,
pornography or the production of pornography, in
taking advantage of the vulnerability of the
exchange for money, profit or any other
person, or, the giving or receiving of
consideration or where the participation is caused
payments or benefits to achieve the consent
or facilitated by any means of intimidation or
of a person having control over another
threat, use of force, or other forms of coercion,
person; and
abduction, fraud, deception, debt bondage,
5. For the purpose of exploitation which abuse of power or of position or of legal process,
includes at a minimum, the exploitation or taking advantage of the vulnerability of the
the prostitution of others or other forms of person, or giving or receiving of payments or
sexual exploitation, forced labor or services, benefits to achieve the consent of a person
slavery, servitude or the removal or sale of having control over another person; or in sexual
organs. intercourse or lascivious conduct caused or
facilitated by any means as provided in this Act.
The recruitment, transportation, transfer,
(Sec. 3)
harboring or receipt of a child for the purpose of
exploitation shall also be considered as Debt Bondage
“trafficking in persons” even if it does not involve
any of the means set forth in the preceding Refers to the pledging by the debtor of his/her
paragraph. (Sec. 3) personal services or labor or those of a person
under his/her control as security or payment for a
debt, when the length and nature of services is
not clearly defined or when the value of the
Page 317 of 354

ATENEO CENTRAL
services as reasonably assessed is not applied g. To adopt or facilitate the adoption of persons
toward the liquidation of the debt. (Sec. 3) for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
II. Punishable acts involuntary servitude or debt bondage;
It shall be unlawful for any person, natural or
h. To recruit, hire, adopt, transport, transfer,
juridical, to commit any of the following acts:
obtain, harbor, maintain, provide, offer,
a. To recruit, obtain, hire, provide, offer, receive or abduct a person, by means of
transport, transfer, maintain, harbor, or threat or use of force, fraud, deceit, violence,
receive a person by any means, including coercion, or intimidation for the purpose of
those done under the pretext of domestic or removal or sale of organs of said person;
overseas employment or training or
i. To recruit, transport, obtain, transfer, harbor,
apprenticeship, for the purpose of
maintain, offer, hire, provide, receive or
prostitution, pornography, or sexual
adopt a child to engage in armed activities in
exploitation;
the Philippines or abroad;
b. To introduce or match for money, profit, or
j. To recruit, transport, transfer, harbor, obtain,
material, economic or other consideration,
maintain, offer, hire, provide or receive a
any person or, as provided for under
person by means defined in Section 3 of this
Republic Act No. 6955, any Filipino woman
Act for purposes of forced labor, slavery,
to a foreign national, for marriage for the
debt bondage and involuntary servitude,
purpose of acquiring, buying, offering, selling
including a scheme, plan, or pattern
or trading him/her to engage in prostitution,
intended to cause the person either:
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt i. To believe that if the person did not
bondage; perform such labor or services, he or
she or another person would suffer
c. To offer or contract marriage, real or
serious harm or physical restraint; or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to ii. To abuse or threaten the use of law or
engage in prostitution, pornography, sexual the legal processes; and
exploitation, forced labor or slavery,
involuntary servitude or debt bondage; k. To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or
d. To undertake or organize tours and travel receive a child for purposes of exploitation or
plans consisting of tourism packages or trading them, including but not limited to, the
activities for the purpose of utilizing and act of baring and/or selling a child for any
offering persons for prostitution, consideration or for barter for purposes of
pornography or sexual exploitation; exploitation. Trafficking for purposes of
exploitation of children shall include:
e. To maintain or hire a person to engage in
prostitution or pornography; i. All forms of slavery or practices similar
to slavery, involuntary servitude, debt
f. To adopt persons by any form of
bondage and forced labor, including
consideration for exploitative purposes or to
recruitment of children for use in
facilitate the same for purposes of
armed conflict;
prostitution, pornography, sexual
exploitation, forced labor, slavery, ii. The use, procuring or offering of a
involuntary servitude or debt bondage; child for prostitution, for the production
Page 318 of 354

ATENEO CENTRAL
of pornography, or for pornographic justification from the child’s parent or legal

performances; guardian;
iii. The use, procuring or offering of a child b. Executing, for a consideration, an affidavit of
for the production and trafficking of drugs; consent or a written consent for adoption;
and
c. Recruiting a woman to bear a child for the
iv. The use, procuring or offering of a child purpose of selling the child;
for illegal activities or work which, by its
nature or the circumstances in which it is d. Simulating a birth for the purpose of selling
carried out, is likely to harm their health, the child; and
safety or morals; and
e. Soliciting a child and acquiring the custody
l. To organize or direct other persons to thereof through any means from among
commit the offenses defined as acts of hospitals, clinics, nurseries, daycare
trafficking under this Act. (Sec. 4) centers, refugee or evacuation centers, and
low-income families, for the purpose of
Penalty selling the child. (Sec. 4-A)
Any person found guilty of committing any of the Penalty

acts enumerated above shall suffer the penalty of
imprisonment of twenty (20) years and a fine of Any person found guilty of committing any of the
not less than P1,000,000.00 but not more than acts enumerated above shall suffer the penalty of
P2,000,000.00. (Sec. 10(a)) imprisonment of fifteen (15) years and a fine of
not less than P500,000.00 but not more than
III. Attempted trafficking P1,000,000.00. (Sec. 10 (b))
Where there are acts to initiate the IV. Liability of accomplices; accessories
commission of a trafficking offense but the
offender failed to or did not execute all the Accomplice
elements of the crime, by accident or by reason
Whoever knowingly aids, abets, cooperates in the
of some cause other than voluntary
execution of the offense by previous or
desistance, such overt acts shall be deemed as
simultaneous acts defined in this Act shall be
an attempt to commit an act of trafficking in
punished with imprisonment of fifteen (15) years
persons. As such, an attempt to commit any of the
and a fine of not less than P500,000.00 but not
offenses enumerated in Section 4 of this Act
more than P1,000,000.00. (Sec. 10 (c))
shall constitute attempted trafficking in
persons. Accessories
Where victim is a child Whoever has the knowledge of the commission
of the crime, and without having participated
Any of the following acts shall also be deemed as
therein, either as principal or as accomplices,
attempted trafficking in persons where victim
take part in its commission in any of the following
is a child:
manners:
a. Facilitating the travel of a child who travels
a. By profiting themselves or assisting the
alone to a foreign country or territory without
offender to profit by the effects of the crime;
valid reason therefor and without the
required clearance or permit from the b. By concealing or destroying the body of the
Department of Social Welfare and crime or effects or instruments thereof, in
Development, or a written permit or order to prevent its discovery;
Page 319 of 354

ATENEO CENTRAL
c. By harboring, concealing or assisting in the international and local airports, territorial

escape of the principal of the crime, provided boundaries and seaports who are in
the accessory acts with abuse of his or her possession of unissued, tampered or
public functions or is known to be habitually fraudulent travel documents for the purpose
guilty of some other crime. of promoting trafficking in persons;
Accessories shall suffer the penalty of f. To confiscate, conceal, or destroy the

imprisonment of fifteen (15) years and a fine of passport, travel documents, or personal
not less than imprisonment of fifteen (15) years documents or belongings of trafficked
and a fine of not less than P500,000.00 but not persons in furtherance of trafficking or to
more than P1,000,000.00. (Sec. 10(d)) prevent them from leaving the country or
seeking redress from the government or
V. Acts that promote trafficking appropriate agencies;
The following acts which promote or facilitate
g. To knowingly benefit from, financial or
trafficking in persons, shall be unlawful:
otherwise, or make use of, the labor or
a. To knowingly lease or sublease, use or allow services of a person held to a condition of
to be used any house, building or involuntary servitude, forced labor, or
establishment for the purpose of promoting slavery.
trafficking in persons;
h. To tamper with, destroy, or cause the
b. To produce, print and issue or distribute
destruction of evidence, or to influence or
unissued, tampered or fake counseling
attempt to influence witnesses, in an
certificates, registration stickers, overseas
investigation or prosecution of a case under
employment certificates or other certificates
this Act;
of any government agency which issues
these certificates, decals and such other i. To destroy, conceal, remove, confiscate or
markers as proof of compliance with possess, or attempt to destroy, conceal,
government regulatory and pre-departure remove, confiscate or possess, any actual or
requirements for the purpose of promoting purported passport or other travel,
trafficking in persons; immigration or working permit or document,
or any other actual or purported government
c. To advertise, publish, print, broadcast or
identification, of any person in order to
distribute, or cause the advertisement,
prevent or restrict, or attempt to prevent or
publication, printing, broadcasting or
restrict, without lawful authority, the person’s
distribution by any means, including the use
liberty to move or travel in order to maintain
of information technology and the internet, of
the labor or services of that person; or
any brochure, flyer, or any propaganda
material that promotes trafficking in persons; j. To utilize his or her office to impede the
investigation, prosecution or execution of
d. To assist in the conduct of misrepresentation
lawful orders in a case under this Act. (Sec.
or fraud for purposes of facilitating the
5)
acquisition of clearances and necessary exit
documents from government agencies that Penalty
are mandated to provide pre-departure
registration and services for departing Any person found guilty of committing any of the
persons for the purpose of promoting acts enumerated above shall suffer the penalty of
trafficking in persons; imprisonment of fifteen (15) years and a fine of
not less than P500,000.00 but not more than
e. To facilitate, assist or help in the exit and P1,000,000.00. (Sec. 10 (d))
entry of persons from/to the country at
Page 320 of 354

ATENEO CENTRAL
VI. Qualified trafficking carrying out the exploitative purpose of

trafficking. (Sec. 6)
The following are considered as qualified
trafficking: Penalty
a. When the trafficked person is a child; Any person found guilty of qualified trafficking
shall suffer the penalty of life imprisonment and a
b. When the adoption is effected through
fine of not less than P2,000,000.00 but not more
Republic Act No. 8043, otherwise known as
than P5,000,000.00. (Sec. 10 (d))
the “Inter-Country Adoption Act of 1995” and
said adoption is for the purpose of VII. Initiation and prosecution of cases
prostitution, pornography, sexual
exploitation, forced labor, slavery, Initiation of investigation
involuntary servitude or debt bondage;
Law enforcement agencies are mandated to
c. When the crime is committed by a syndicate, immediately initiate investigation and counter-
or in large scale. trafficking-intelligence gathering upon receipt of
statements or affidavit from victims of trafficking,
Trafficking is deemed committed by a syndicate migrant workers, or their families who are in
if carried out by a group of three (3) or more possession of knowledge or information about
persons conspiring or confederating with one trafficking in persons cases.
another. It is deemed committed in large scale if
committed against three (3) or more persons, Prosecution of cases
individually or as a group;
Any person who has personal knowledge of the
d. When the offender is a spouse, an commission of any offense under this Act, such
ascendant, parent, sibling, guardian or a as the trafficked person, the parents, spouse,
person who exercises authority over the siblings, children or legal guardian may file a
trafficked person or when the offense is complaint for trafficking.
committed by a public officer or employee;
Affidavit of desistance
e. When the trafficked person is recruited to
Cases involving trafficking in persons should not
engage in prostitution with any member of
be dismissed based on the affidavit of
the military or law enforcement agencies;
desistance executed by the victims or their
f. When the offender is a member of the parents or legal guardians. Public and private
military or law enforcement agencies; prosecutors are directed to oppose and manifest
objections to motions for dismissal. (Sec. 8)
g. When by reason or on occasion of the act of
trafficking in persons, the offended party VIII. Prescriptive period
dies, becomes insane, suffers mutilation or Trafficking cases under this Act shall prescribe in
is afflicted with Human Immunodeficiency ten (10) years.
Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS); Trafficking cases committed by a syndicate or in
a large scale, or against a child, shall prescribe in
h. When the offender commits one or more twenty (20) years.
violations of Section 4 over a period of sixty
(60) or more days, whether those days are The prescriptive period shall commence to run
continuous or not; and from the day on which the trafficked person is
delivered or released from the conditions of
i. When the offender directs or through bondage, or in the case of a child victim, from
another manages the trafficking victim in
Page 321 of 354

ATENEO CENTRAL
the day the child reaches the age of majority, Lalli, Aringoy and Relampagos have conspired
and shall be interrupted by the filing of the and confederated with one another to recruit and
complaint or information and shall commence to place Lolita for work in Malaysia without a POEA
run again when the proceedings terminate license. The three elements of syndicated illegal
without the accused being convicted or acquitted recruitment are present in this case:
or are unjustifiably stopped for any reason not
imputable to the accused. (Sec. 12) 1. The accused have no valid license or
authority required by law to lawfully engage
IX. Other relevant rules in recruitment and placement of workers;
Legal protection 2. The accused engaged in recruitment and
place by actually recruiting, deploying, and
Trafficked persons shall not be penalized for
transporting Lolita to Malaysia; and,
unlawful acts committed as a direct result or
incident, or in-elation to being trafficked 3. Illegal recruitment was committed by three
enumerated in this act. In this regard, the consent persons, conspiring and confederating with
of a trafficked person to the intended exploitation one another.
set forth in this Act shall be irrelevant.
People v. Casio, G.R. No. 211465, 2014
Victims of trafficking for purposes of prostitution
as defined under Section 4 of this Act are not An Information was filed against X, charging her
covered by Article 202 of the Revised Penal Code for violating R.A. 9208 Sec. 4(a), qualified by Sec.
and as such, shall not be prosecuted, fined, or 6(a). The Information states that: X, with
otherwise penalized under the said law. (Sec. 17) deliberate intent, with intent to gain, did then and
there hire and/or recruit Y, a minor, 17 years old
Irrelevance of past sexual behavior
and Z for the purpose of prostitution and sexual
The past sexual behavior or the sexual exploitation, by acting as their procurer for
predisposition of a trafficked person shall be different customers, for money, profit, or any other
considered inadmissible in evidence for the consideration. The accused, X, testified that while
purpose of proving consent of the victim to she was walking outside, two men asked her if
engage in sexual behavior, or to prove to she knew someone named “A,” but she replied
predisposition, sexual or otherwise, of a trafficked that she only knew a certain “Y.” The two men said
person. that they were actually looking for Y, gave her a
piece of paper with a number on it, and told her to
Cases tell Y to bring companions. When X arrived home,
she contacted Y. Y convinced her to come
People v. Lalli, G.R. No. 195419, 2011 because allegedly, she would be given money by
the two males. The RTC found X guilty beyond
Given the broad definition of recruitment and
reasonable doubt. The Court of Appeals likewise
placement, even the mere act of referring
affirmed the same. X argued that Y admitted to
someone for placement abroad can be
her that she was already engaged in prostitution,
considered recruitment. Such act of referral, in
and therefore led X to conclude that Y was
connivance with someone without the requisite
predisposed to having sex with customers for
authority or POEA license, constitutes illegal
money. Can X’s argument prosper?
recruitment. In its simplest terms, illegal
recruitment is committed by persons who, without
No. Under Sec. 3(a) of R.A. 9208,
authority from the government, give the
trafficking in persons can still be
impression that they have the power to send
committed even if victim gives consent.
workers abroad for employment purposes.
The victim’s consent is rendered
meaningless due to coercive, abusive, or
Page 322 of 354

ATENEO CENTRAL
deceptive means employed by 3. The purpose of trafficking includes "the

perpetrators of human trafficking. R.A. exploitation or the prostitution of others or
9208 further defines what qualifies the other forms of sexual exploitation, forced
crime of trafficking in persons, and one of labor or services, slavery, servitude or the
them is when trafficked person is a child. removal or sale of organs[.]"
The crime has been consummated for
the mere “transaction” i.e. that Here, Y was charged with having violated
‘solicitation’ for sex and handling over of qualified trafficking in relation to Section 4 (e) of
the “bust money” already consummated Republic Act No. 9208, which provides that it is
the act. unlawful for anyone to maintain or hire a person
to engage in prostitution or pornography.
People of the Philippines v. Nancy Lasaca
Ramirez, G.R. No. 217978, 2019 The court held that the victim’s consent is
rendered meaningless due to the coercive,
Officer X went undercover in a KTV Bar where abusive, or deceptive means employed by
prostitution was rampant. Y approached officer X perpetrators of human-trafficking. Even without
and offered special services to be given by Z in the use of coercive, abusive, or deceptive means,
exchange for money. Z was a minor. Officer X a minor’s consent is not given out of his or her
accepted the agreement and hailed a cab for Z own free will. Y took advantage of the vulnerability
and himself to head to a motel. Before arriving in of Z as a minor. Z ‘s acquiescence to the
the motel Z asked for the payment in exchange transaction cannot be a valid defense.
for the special services which Officer X complied
with, however shortly after he asked the taxi to Santiago, Jr. y Santos v. People, G.R. No.
stop and introduced himself as an Officer. He 213760, 2019
went back to the KTV Bar and arrested Y. In the
defense of, Y she claimed that Z has given The RTC found X of the crime of trafficking in
consent to conduct the interaction therefore persons punished under Section 4(a) of Anti-
absolving her from liability. Is Y still guilty? Trafficking in Persons, giving credence to the
testimony of A, whom X recruited to have sex with
Yes. Under Republic Act No. 10364, the Z, who was designated as a confidential police
elements of trafficking in persons have been asset, for P500. The CA affirmed the conviction of
expanded to include the following acts: X. X argues that the prosecution failed to prove
his guilt beyond reasonable doubt as Z, the
1. The act of "recruitment, obtaining, hiring, confidential informant was not able to give a
providing, offering, transportation, testimony, thus raising doubt on whether
transfer, maintaining, harboring, or petitioner truly offered A to Z. Is X’s argument
receipt of persons with or without the tenable?
victim's consent or knowledge, within or
across national borders No. The Court denied X’s contention. The
2. The means used include "by means of testimony of the confidential informant is
threat, or use of force, or other forms of not indispensable in the crime of
coercion, abduction, fraud, deception, trafficking in persons. Neither is his
abuse of power or of position, taking identity relevant. It is sufficient that the
advantage of the vulnerability of the accused has lured, enticed, or engaged
person, or, the giving or receiving of its victims or transported them for the
payments or benefits to achieve the established purpose of exploitation,
consent of a person having control over which was sufficiently shown by the
another person trafficked person's testimony alone.
Page 323 of 354

ATENEO CENTRAL
TOPIC OUTLINE UNDER THE SYLLABUS: Z. ANTI-VIOLENCE AGAINST WOMEN AND

THEIR CHILDREN ACT OF 2004 (RA 9262)
Z. ANTI-VIOLENCE AGAINST WOMEN AND Violence against women and their children
THEIR CHILDREN ACT OF 2004 (RA 9262)
It refers to any act or a series of acts committed
1. Definition of terms; Elements (Sec. 3) by any person
2. Punishable acts (Sec. 5) a. against a woman who is his wife, former

wife, or against a woman with whom the
3. Battered Woman Syndrome (Sec. 26)
person has or had a sexual or dating
4. Other relevant rules relationship, or with whom he has a common
child; or
b. against her child whether legitimate or

illegitimate, within or without the family
abode,
which result in or is likely to result in physical,

sexual, psychological harm or suffering, or
economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited
to, the following acts:
a. Physical violence refers to acts that include

bodily or physical harm;
b. Sexual violence refers to an act which is

sexual in nature, committed against a
woman or her child. It includes, but is not
limited to:
• rape, sexual harassment, acts of

lasciviousness, treating a woman or her
child as a sex object, making
demeaning and sexually suggestive
remarks, physically attacking the sexual
parts of the victim’s body, forcing
her/him to watch obscene publications
and indecent shows or forcing the
woman or her child to do indecent acts
and/or make films thereof, forcing the
wife and mistress/lover to live in the
conjugal home or sleep together in the
same room with the abuser;
• acts causing or attempting to cause the

victim to engage in any sexual activity
by force, threat of force, physical or
Page 324 of 354

ATENEO CENTRAL
other harm or threat of physical or other Battery

harm or coercion;
It refers to an act of inflicting physical harm upon
• Prostituting the woman or child. the woman or her child resulting to the physical
and psychological or emotional distress.
c. Psychological violence refers to acts or
omissions causing or likely to cause Battered Woman Syndrome
mental or emotional suffering of the
victim such as but not limited to intimidation, It refers to a scientifically defined pattern of
harassment, stalking, damage to property, psychological and behavioral symptoms found in
public ridicule or humiliation, repeated verbal women living in battering relationships as a result
abuse and marital infidelity. of cumulative abuse.
It includes causing or allowing the victim to Stalking

witness the physical, sexual or psychological
It refers to an intentional act committed by a
abuse of a member of the family to which the
person who, knowingly and without lawful
victim belongs, or to witness pornography in any
justification follows the woman or her child or
form or to witness abusive injury to pets or to
places the woman or her child under surveillance
unlawful or unwanted deprivation of the right to
directly or indirectly or a combination thereof.
custody and/or visitation of common children.
Dating relationship
d. Economic abuse refers to acts that make
or attempt to make a woman financially It refers to a situation wherein the parties live as
dependent which includes, but is not limited husband and wife without the benefit of
to the following: marriage or are romantically involved over
time and on a continuing basis during the
• Withdrawal of financial support or
course of the relationship.
preventing the victim from engaging in
any legitimate profession, occupation, A casual acquaintance or ordinary socialization
business or activity, except in cases between two individuals in a business or social
wherein the other spouse/partner context is not a dating relationship.
objects on valid, serious and moral
grounds as defined in Article 73 of the Sexual relations
Family Code;
It refers to a single sexual act which may or may
• Deprivation or threat of deprivation of not result in the bearing of a common child.
financial resources and the right to the
use and enjoyment of the conjugal, Children
community or property owned in
It refers to those below eighteen (18) years of age
common;
or older but are incapable of taking care of
• Destroying household property; or themselves as defined under Republic Act No.
7610. This term includes the biological children of
• Controlling the victims’ own money or the victim and other children under her care. (Sec.
properties or solely controlling the 3)
conjugal money or properties.
II. Punishable acts
The crime of violence against women and their
children is committed through any of the following
acts:
Page 325 of 354

ATENEO CENTRAL
a. Causing physical harm to the woman or her g. Causing or attempting to cause the woman
child; or her child to engage in any sexual activity
which does not constitute rape, by force or
b. Threatening to cause the woman or her child threat of force, physical harm, or through
physical harm; intimidation directed against the woman or
her child or her/his immediate family;
c. Attempting to cause the woman or her child
physical harm; h. Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that
d. Placing the woman or her child in fear of
alarms or causes substantial emotional or
imminent physical harm;
psychological distress to the woman or her
e. Attempting to compel or compelling the child. This shall include, but not be limited to,
woman or her child to engage in conduct the following acts:
which the woman or her child has the right to
• Stalking or following the woman or her
desist from or desist from conduct which the
child in public or private places;
woman or her child has the right to engage
in, or attempting to restrict or restricting the • Peering in the window or lingering
woman’s or her child’s freedom of movement outside the residence of the woman or
or conduct by force or threat of force, her child;
physical or other harm or threat of physical
or other harm, or intimidation directed • Entering or remaining in the dwelling or
against the woman or child. This shall on the property of the woman or her
include, but not limited to, the following acts child against her/his will;
committed with the purpose or effect of
controlling or restricting the woman’s or her • Destroying the property and personal
child’s movement or conduct: belongings or inflicting harm to animals
or pets of the woman or her child; and
• Threatening to deprive or actually
depriving the woman or her child of • Engaging in any form of harassment or
custody to her/his family; violence;
• Depriving or threatening to deprive the i. Causing mental or emotional anguish, public

woman or her children of financial ridicule or humiliation to the woman or her
support legally due her or her family, child, including, but not limited to, repeated
or deliberately providing the woman’s verbal and emotional abuse, and denial of
children insufficient financial support; financial support or custody of minor children
of access to the woman’s child/children.
• Depriving or threatening to deprive the (Sec. 5)
woman or her child of a legal right;
III. Battered woman syndrome
• Preventing the woman in engaging in
Cycle of violence
any legitimate profession, occupation,
business or activity or controlling the a. Tension building phase;
victim’s own mon4ey or properties, or
solely controlling the conjugal or b. Acute battering incident; and
common money, or properties;
c. Tranquil, loving phase (non-violent phase).
f. Inflicting or threatening to inflict physical (People v. Genosa, G.R. No. 1395981,
harm on oneself for the purpose of 2004)
controlling her actions or decisions;
Page 326 of 354

ATENEO CENTRAL
Characteristics of the syndrome the past or present existence of such relationship

between the offender and the victim when the
a. The woman believes that the violence was physical harm was committed. Consequently,
her fault; the Court cannot depart from the parallelism
in Ang and give credence to petitioner's assertion
b. She has an inability to place the
that the act of violence should be due to the
responsibility for the violence elsewhere;
sexual or dating relationship. (Dabalos v. RTC,
c. She fears for her life and/or her children’s Branch 59, Angeles City, G.R. No. 193960, 2013)
life; and
While the said provision provides that the
d. She has an irrational belief that the abuser is offender be related or connected to the victim by
omnipresent and omniscient. marriage, former marriage, or a sexual or dating
relationship, it does not preclude the application
Battered woman syndrome as a defense of the principle of conspiracy under the RPC.
Hence, parents-in-law may be punished under
Victim-survivors who are found by the courts to the said law. (Go-Tan v. Tan, G.R. No. 168852,
be suffering from battered woman syndrome do 2008)
not incur any criminal and civil liability
notwithstanding the absence of any of the Case
elements for justifying circumstances of self-
defense under the Revised Penal Code. Pavlov v. Mendenilla, G.R. No. 181489, 2017
In the determination of the state of mind of the AA filed a Complaint-Affidavit against X for slight
woman who was suffering from battered woman physical injuries. Subsequently, filed an Amended
syndrome at the time of the commission of the Complaint-Affidavit to include maltreatment in
crime, the courts shall be assisted by expert relation to the Anti-VAWC Law as a ground. The
psychiatrists/ psychologists. (Sec. 26) Assistant Prosecutor dismissed because she
failed to substantiate her allegations. BB (mother
IV. Other relevant rules of AA) filed in the lower court for AA’s benefit,
praying for the issuance of a Temporary
Women may be held liable under the law for
Protection Order or Permanent Protection Order
lesbian relationships. (Barangay Protection Order
under the Anti-VAWC Law. BB added that she
RA 9262: A Primer. Department of Interior and
had been aware of her daughter's ordeal and that
Local Government, National Barangay
her daughter was admitted to St. Agnes General
Operations Office, 2004.)
Hospital for injuries borne by X‘s alleged acts of
Notably, while it is required that the offender has violence. X filed Omnibus Motions praying for the
or had a sexual or dating relationship with the dismissal of BB's petition alleging that he did not
offended woman, for RA 9262 to be applicable, it personally received it. However, the court
is not indispensable that the act of violence be a dismissed his claim for the reason that
consequence of such relationship. Nowhere in substituted summons suffice because he is out of
the law can such limitation be inferred. Hence, the country. Did BB engage in forum shopping by
applying the rule on statutory construction that filing a petition for the issuance of a protection
when the law does not distinguish, neither should order after a criminal complaint under the Anti-
the courts, then, clearly, the punishable acts refer VAWC Law was dismissed by the prosecutor?
to all acts of violence against women with whom
NO. In denying petitioner's Omnibus
the offender has or had a sexual or dating
Motion, Judge CC ruled that BB had
relationship. As correctly ruled by the RTC, it is
personality to file a petition for the
immaterial whether the relationship had ceased
issuance of a protection order to benefit
for as long as there is sufficient evidence showing
her daughter. It was equally ruled that BB
Page 327 of 354

ATENEO CENTRAL
did not engage in forum shopping despite TOPIC OUTLINE UNDER THE SYLLABUS:
the prosecutor's prior dismissal of a
criminal complaint filed by AA against III. SPECIAL PENAL LAWS
petitioner for slight physical injuries and
maltreatment in relation to the Anti- AA. SPECIAL PROTECTION OF CHILDREN
VAWC Law. Finally, it was established AGAINST ABUSE, EXPLOITATION, AND
that jurisdiction over petitioner's person DISCRIMINATION ACT (RA 7610, AS
was properly acquired through AMENDED BY RA 7658 AND RA 9231)
substituted service.
The mother of a victim of acts of violence against
2. Punishable acts (Secs. 5 and 10)
women and their children is expressly given
personality to file a petition for the issuance of a 3. Other relevant rules
protection order by Section 9(b) of the Anti-VAWC
Law. However, the right of a mother and of other
persons mentioned in Section 9 to file such a
petition is suspended when the victim has filed a
petition for herself. Nevertheless, in this case,
respondent BB filed her petition after her
daughter's complaint-affidavit had already been
dismissed.
Thus, in Republic v. Yahon, the Court held that

PGMC may be ordered to automatically deduct a
portion from the retirement benefits of its
member-recipients for direct remittance to the
latter's legal spouse as and by way of support in
compliance with a protection order issued by the
trial court, pursuant to the provisions of Republic
Act No. 9262 (RA 9262) or the Anti-Violence
against Women and Their Children Act of 2004.
The Court declared therein that RA 9262 — which
is a special law; a later enactment; a support
enforcement legislation; and one that addresses
one form of violence, which is economic abuse
against women and children — should be
construed as laying down an exception to the
general rule that retirement benefits are exempt
from execution. The Court therein noted that RA
9262 itself explicitly authorizes the courts to order
the withholding of a percentage of the income or
salary of the defendant or respondent by the
employer, which shall be remitted directly to the
plaintiff or complainant — other laws to the
contrary notwithstanding. (Pension and Gratuity
Management Center v. AAA, G.R. No. 201292,
2018)
Page 328 of 354

ATENEO CENTRAL
AA. SPECIAL PROTECTION OF CHILDREN c. Living in or fending for themselves in the

AGAINST ABUSE, EXPLOITATION, AND streets of urban or rural areas without the
DISCRIMINATION ACT (RA 7610, AS care of parents or a guardian or basic
AMENDED BY RA 7658 AND RA 9231) services needed for a good quality of life;
I. Definition of terms d. Being a member of a indigenous cultural
community and/or living under conditions of
Children
extreme poverty or in an area which is
It refers to person below eighteen (18) years of underdeveloped and/or lacks or has
age OR those over but are unable to fully take inadequate access to basic services needed
care of themselves or protect themselves from for a good quality of life;
abuse, neglect, cruelty, exploitation or e. Being a victim of a man-made or natural
discrimination because of a physical or mental disaster or calamity; or
disability or condition;.
f. Circumstances analogous to those
Child abuse abovestated which endanger the life, safety
or normal development of children. (Sec. 3)
It refers to the maltreatment, whether habitual or
not, of the child which includes any of the II. Punishable acts
following: Child prostitution and other sexual abuse
Children, whether male or female, who for money,
a. Psychological and physical abuse, neglect, profit, or any other consideration or due to the
cruelty, sexual abuse and emotional coercion or influence of any adult, syndicate or
maltreatment; group, indulge in sexual intercourse or lascivious
conduct (Sec. 5)
b. Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and Persons liable:
dignity of a child as a human being;
a. Those who engage in or promote,
c. Unreasonable deprivation of his basic needs facilitate or induce child prostitution which
for survival, such as food and shelter; or include, but are not limited to, the following:
d. Failure to immediately give medical 1. Acting as a procurer of a child
treatment to an injured child resulting in prostitute;
serious impairment of his growth and
2. Inducing a person to be a client of a
development or in his permanent incapacity
child prostitute by means of written or
or death.
oral advertisements or other similar
Circumstances which gravely threaten or means;
endanger the survival and normal 3. Taking advantage of influence or
development of children relationship to procure a child as
prostitute;
This include, but are not limited to, the following:
4. Threatening or using violence towards
a. Being in a community where there is armed
a child to engage him as a prostitute;
conflict or being affected by armed conflict-
or
related activities;
5. Giving monetary consideration goods
b. Working under conditions hazardous to life,
or other pecuniary benefit to a child
safety and normal which unduly interfere
with intent to engage such child in
with their normal development;
prostitution. (Sec. 5 (a))
Page 329 of 354

ATENEO CENTRAL
Elements of sexual abuse under Sec. 5 (a) Elements of sexual abuse under Sec. 5(b)
1. The accused engages in, promotes, 1. The accused commits the act of sexual
facilitates or induces child prostitution; intercourse or lascivious conduct;
2. The act is done through, but not limited to, 2. The said act is performed with a child
the following means: exploited in prostitution or subjected to other
a. acting as a procurer of a child sexual abuse; and
prostitute; 3. The child, whether male or female, is below
b. inducing a person to be a client of a 18 years of age. (Garingarao v. People, G.R.
child prostitute by means of written or No. 192769, 2011)
oral advertisements or other similar For consensual sexual intercourse or
means; lascivious conduct with a minor, who is not
c. taking advantage of influence or exploited in prostitution, to thus fall within the
relationship to procure a child as a purview of Section 5(b) of R.A. No. 7610,
prostitute; "persuasion, inducement, enticement or
coercion" of the child must be present.
d. threatening or using violence towards
(People v. Court of Appeals, G.R. No.
a child to engage him as a prostitute;
171863, 2008)
or
e. giving monetary consideration, goods Violation of Section 5(b), Article III of RA 7610
or other pecuniary benefit to a child and rape are separate and distinct crimes.
with intent to engage such child in The two are separate and distinct crimes.
prostitution; Thus, petitioner can be held liable for
violation of Section 5(b), Article III of RA 7610
3. the child is exploited or intended to be despite a finding that he did not commit rape.
exploited in prostitution; and (Malto v. People, G.R. No. 164733, 2007)
4. the child, whether male or female, is below
Under Section 5(b), Article III of RA 761012 in
18 years of age. (People v. Dulay, G.R. No.
relation to RA 8353, if the victim of sexual
193854, 2012)
abuse14 is below 12 years of age, the
Sexual abuse under Sec. 5(a) essentially offender should not be prosecuted for sexual
punishes acts pertaining to or connected with abuse but for statutory rape under Article
child prostitution. It contemplates sexual 266-A(1)(d) of the Revised Penal Code15
abuse of a child exploited in prostitution. In and penalized with reclusion perpetua.
other words, under Sec. 5(a), the child is
abused primarily for profit. On the other hand, if the victim is 12 years or
older, the offender should be charged with
b. Those who commit the act of sexual
either sexual abuse17 under Section 5(b) of
intercourse of lascivious conduct with a
RA 7610 or rape under Article 266-A (except
child exploited in prostitution or subject to
paragraph 1[d]) of the Revised Penal Code.
other sexual abuse.
However, the offender cannot be accused of
When victims is under twelve (12) years both crimes18 for the same act because his
of age, the perpetrators shall be right against double jeopardy will be
prosecuted under Article 335, paragraph prejudiced. A person cannot be subjected
3, for rape and Article 336 of Act No. twice to criminal liability for a single criminal
3815, as amended, the Revised Penal act. (People v. Abay, G.R. No. 177752, 2009)
Code, for rape or lascivious conduct, as
the case may be. (Sec. 5(b))
Page 330 of 354

ATENEO CENTRAL
c. Those who derive profit or advantage 1. Beg or use begging as a means of

therefrom, whether as manager or owner of living;
the establishment where the prostitution
2. Act as conduit or middlemen in drug
takes place, or of the sauna, disco, bar,
trafficking or pushing; or
resort, place of entertainment or
establishment serving as a cover or which 3. Conduct any illegal activities
engages in prostitution in addition to the III. Other relevant rules
activity for which the license has been issued
to said establishment. (Sec. 5(c)) Cases
Other acts of neglect, abuse, cruelty or People v. Udang, Sr. y Sevilla, G.R. No. 210161,
exploitation and other conditions prejudicial 2018
to the child's development
X was charged with two counts of rape against Y,
a. Any person who shall commit any other acts who at the time was a minor, in Violation of Article
of child abuse, cruelty or exploitation or to be 266-A in relation to Sec. 5 (b) of R.A. 7610. X
responsible for other conditions prejudicial to raped 13-year-old Y in his house while Y was
the child's development including those intoxicated, once in Sept 2003 and again on
covered by Article 59 of Presidential Decree December 2003. The RTC and CA convicted X of
No. 603, as amended, but not covered by the rape under Article 266-A(1) of the Revised Penal
Revised Penal Code, as amended Code, instead of sexual abuse under Section 5(b)
of Republic Act No. 7610. It ratiocinated that
b. Any person who shall keep or have in his while the allegations in the first and second
company a minor, twelve (12) years or under Informations satisfied the elements of rape under
or who in ten (10) years or more his junior in the first and third paragraphs of Article 266-A,
any public or private place, hotel, motel, beer respectively, the charges can only be one (1) for
joint, discotheque, cabaret, pension house, rape under the first paragraph of Article 266-A
sauna or massage parlor, beach and/or because an accused cannot be prosecuted twice
other tourist resort or similar places. for a single criminal act. Was X correctly
This provision shall not apply to any person who convicted of rape punished under the first
is related within the fourth degree of paragraph of Article 266-A of the Revised Penal
consanguinity or affinity or any bond Code?
recognized by law, local custom and tradition
or acts in the performance of a social, moral No, X was charged and convicted for
or legal duty. violation of Section 5 (b), Article III of RA
7610, not rape. The offense for which he
c. Any person who shall induce, deliver or offer was convicted is punished by a special
a minor to any one prohibited by this Act to law while rape is a felony under the
keep or have in his company a minor as Revised Penal Code. They have different
provided in the preceding paragraph. elements. The two are separate and
d. Any person, owner, manager or one distinct crimes. Thus, X can be held liable
entrusted with the operation of any public or for violation of Section 5 (b), Article III of
private place of accommodation, whether for RA 7610 despite a finding that he did not
occupancy, food, drink or otherwise, commit rape. Unlike rape, consent is
including residential places, who allows any immaterial in cases involving violation of
person to take along with him to such place Section 5, Article III of RA 7610.
or places any minor herein described.
e. Any person who shall use, coerce, force or
intimidate a street child or any other child to;
Page 331 of 354

ATENEO CENTRAL
Perez v. People, G.R. No. 201414, 2018 Development (DSWD) representative, a case
was filed against X for committing child abuse in
X was found guilty beyond reasonable doubt of violation of RA 7610. Being found guilty by both
violating Section 5 (b) of Republic Act No. 7610. the trial court and the appellate court, X appealed.
The prosecution alleged that X committed child X argues that the lower courts erred in finding her
abuse when he followed minor Y into the kitchen, guilty because the children’s testimonies were
kissed her nape, told her to keep quiet, and inconsistent with each other, evidencing that they
inserted his finger inside her vagina while were coached. Are inconsistencies in the
mashing her breasts. The elements of the offense testimony of children enough to acquit a person
aforementioned are: (1) the accused commits the from violating RA 7610?
acts of sexual intercourse or lascivious conduct;
(2) the said act is performed with a child exploited NO. Though there were some
in prostitution or subjected to other sexual abuse; inconsistencies in the details of the
and, (3) the child, whether male or female, is abuse, this does not detract from the
below 18 years of age. X contends that assuming veracity of their testimonies. As the Court
the crime is committed, it should only be acts of of Appeals correctly ruled, the
lasciviousness since the prosecution was not straightforward, candid, and intrepid
able to prove the second element. Is X liable only revelation of Y and Z is more convincing
for acts of lasciviousness since not all the and plausible compared to the weak and
elements of child abuse under R.A. 7610 were uncorroborated defense of X. Courts
present? expect minor inconsistencies when a
child-victim narrates the details of a
No. Section 5 (b) of Republic Act No. harrowing experience, especially when
7610 refers to a specification only as to the details are too painful to recall. Such
who is liable and the penalty to be inconsistencies only prove that the child-
imposed. The person who engages in victim was unrehearsed, especially when
sexual intercourse with a child already the discrepancies are minor details
coerced is liable. Children who are irrelevant to the elements of the crime,
likewise coerced in lascivious conduct and thus, cannot be considered as
are “deemed to be children exploited in grounds for acquittal. Y and Z’s
prostitution and other sexual abuse.” testimonies sufficiently established that X
Therefore, all the elements of the crime committed physical violence against
were present. them. They validated their testimonies
with properly identified photos depicting
Fernandez y Medina v. People, G.R. 217542,
the injuries they had suffered, further
2018
corroborated by their medical certificates.
X was the house helper turned stepmother of two Thus, there is sufficient basis to conclude
children Y and Z. While in the beginning their that they were telling the truth.
relationship was fine, X eventually started
Torres y Salera v. People, G.R. No. 206627, 2017
inflicting abuse on Y and Z. X would beat the kids,
use pliers to pinch and crimp their ears, kick them B, with intent to harm and humiliate, did then and
and hit them with various household items, and there, abuse, slap and whip A, a 14 year old minor
would force them to lie about how they acquired with a T-shirt hitting his neck and shoulder and
their injuries. It was only after some prodding from causing him to fall down on the stairs of the
their teacher that Z disclosed the abuse, she and barangay hall, to the damage and prejudice of the
her brother Y were suffering at the hands of X. said victim in the amount to be proved during trial.
Their teacher reported this to the principal who Based on the physical examination conducted by
then called in a barangay councilor. After talks Dr. Y, AA sustained a contusion. A is the victim
with a Department of Social Welfare and
Page 332 of 354

ATENEO CENTRAL
and B is the uncle of A. Is the prejudice to the her care. X claims that the prosecution failed to
development of the child necessary in violating prove the infliction of physical injuries on the child,
Republic Act No. 7610? and tried to impugn ill motives on the
prosecution’s Witness Z. X also claims that the
NO, prejudice to the development of the prosecution failed to prove the infliction of
child is not a necessary element of the physical injuries on the child has “prejudiced the
crime but constitutes another act different child’s development” as required by §10(a) of RA
the 3 other acts which are enumerated in 7610. Further, X asserts that she should have
the same provision: child abuse, child been charged with slight physical injuries under
cruelty and child exploration. The act of the RPC and not child abuse under RA 7610. Is X
whipping a child three (3) times in the guilty of child abuse in violation of §10(a) of RA
neck with a wet t-shirt constitutes child 7610?
abuse. The victim, AA, was a child when
the incident occurred. Yes. At the time of the physical abuse, Y
was a child entitled to the protection of
Article VI, Section 10(a) of Republic Act RA 7610. Under Article 1, §3(b) of RA
No. 7610 punishes not only those 7610, physical abuse, whether habitual
enumerated under Article 59 of or not, constitute child abuse. The
Presidential Decree No. 603, but also testimonies of Y, Z, Y’s father, and the
four distinct acts, i.e., (a) child abuse, (b) medical findings all support the fact that
child cruelty, (c) child exploitation and (d) physical abuse did occur. The SC held
being responsible for conditions that §10(a) of RA 7610 punished 4
prejudicial to the child's development. distinct offenses which are (1) child
abuse, (2) child cruelty, (3) child
AA is entitled to protection under
exploitation, and (4) being responsible for
Republic Act No. 7610. Further, the use
the conditions prejudicial to the child’s
of "or" in Section 10(a) of Republic Act
development. The element that acts must
No. 7610 before the phrase "be
be prejudicial to the child’s development
responsible for other conditions
pertains only to the fourth offense.
prejudicial to the child's development"
supposes that there are four punishable Finally, the SC distinguishes the factual
acts therein. First, the act of child abuse; circumstances between this case and
second, child cruelty; third, child that of Bongalon v People, where the
exploitation; and fourth, being Bongalon was overwhelmed by the
responsible for conditions prejudicial to protective instincts of a father and
the child's development. The fourth slapped the minor complainant’s left
penalized act cannot be interpreted as a cheek and hit his back. It is not applicable
qualifying condition for the three other in this case because X’s maltreated Y
acts, because an analysis of the entire though repeated acts of physical abuse.
context of the questioned provision does It must be stressed that crimes punished
not warrant such construal. by RA 7610 are mala prohibitum. Intent
to debase, degrade or demean the minor
Lucido v. People, G.R. No. 217764, 2017
is not essential to establish guilt.
X was accused, and convicted, of child abuse
People v. Tulagan, G.R. No. 227363, 2019
under §10(a) of RA 7610, or otherwise known as
the Special Protection of Children against Child In People vs. Tulagan, the Supreme Court made
Abuse, Exploitation and Discrimination Act. X a comparison of the elements of rape under the
beat with the use of a belt, pinched and RPC and sexual intercourse with a child under
strangulated Y, an 8-year-old child placed under Section 5(b) of the Child Abuse Law where the
Page 333 of 354

ATENEO CENTRAL
offended party is between 12 years old and below

18:
RAPE UNDER SECTION 5 (1) OF

ARTICLE 266-A (1) R.A. NO. 7610
(A, B, C) UNDER
THE RPC
1. Offender is a man; 1. Offender is a man;
2. Carnal knowledge 2. Indulges in sexual

of a woman; intercourse with a
female child
exploited in
prostitution or other
sexual abuse, who
is 12 years old or
below 18 or above
18 under special
circumstances;
3. Through force, 3. Coercion or

threat or influence of any
intimidation; adult, syndicate or
when the group is employed
offended party is against the child to
deprived of become a
reason or prostitute.
otherwise
unconscious;
and by means of
fraudulent
machination or
grave abuse of
authority.
Page 334 of 354

ATENEO CENTRAL
In the same case, the Supreme Court made the following designation of crime and its penalty:
Age of Victim
Under 12 years old or 12 years old or below 18, or 18 years old
Crime Committed demented 18 under special and above
circumstances
Acts of Lasciviousness Lascivious conduct under N/A

Acts of
under Article 336 of the Section 5 (b) of R.A. No.
Lasciviousness
RPC in relation to Section 7610: reclusion temporal in its
committed against
5 (b) of R.A. No. medium period to reclusion
children exploited in
7610: reclusion perpetua
prostitution or other
temporal in its medium
sexual abuse
period
Sexual Assault under Lascivious Conduct under N/A

Sexual Assault Article 266-A (2) of the Section 5 (b) of R.A. No.
committed against RPC in relation to Section 7610: reclusion temporal in its
children exploited in 5 (b) of R.A. No. medium period to reclusion
prostitution or other 7610: reclusion perpetua
sexual abuse temporal in its medium
period
Rape under Article 266-A Sexual Abuse 77 under N/A

Sexual Intercourse (1) of the RPC: reclusion Section 5 (b) of R.A. No.
committed against perpetua, except when 7610: reclusion temporal in its
children exploited in the victim is below 7 years medium period to reclusion
prostitution or other old in which case death perpetua
sexual abuse penalty shall be imposed
76
Rape under Article 266-A Rape under Article 266-A (1) in Rape under
(1) in relation to Art. 266-B relation to Art. 266-B of the Article 266-A
of the RPC: reclusion RPC: reclusion perpetua (1) of the
Rape by carnal
perpetua, except when RPC: reclusion
knowledge
the victim is below 7 years perpetua
old in which case death
penalty shall be imposed
Sexual Assault under Lascivious Conduct under Sexual

Article 266-A (2) of the Section 5 (b) of R.A. No. Assault under
RPC in relation to Section 7610: reclusion temporal in its Article 266-A
Rape by Sexual
5 (b) of R.A. No. medium period to reclusion (2) of the
Assault
7610: reclusion perpetua RPC: prision
temporal in its medium mayor
period
Page 335 of 354

ATENEO CENTRAL
TOPIC OUTLINE UNDER THE SYLLABUS: BB. SAFE SPACES ACT (RA 11313)
Catcalling
BB. SAFE SPACES ACT (RA 11313) It is unwanted remarks directed towards a
person, commonly done in the form of wolf-
1. Definition of terms whistling and misogynistic, transphobic,
homophobic, and sexist slurs;
2. Gender-based streets and public spaces
sexual harassment Employee
A person, who in exchange for remuneration,
3. Gender-based online sexual harassment agrees to perform specified services for another
person, whether natural or juridical, and whether
4. Qualified gender-based streets, public private or public, who exercises fundamental
spaces and online sexual harassment control over the work, regardless of the term or
duration of agreement
5. Gender-based sexual harassment in the
workplace For the purposes of this law, a person who is
detailed to an entity under a subcontracting or
6. Gender-based sexual harassment in secondment agreement shall be considered an
educational and training institutions employee;
Employer
A person who exercises control over an employee
For the purpose of this Act, the status or

conditions of the latter's employment or
engagement shall be disregarded;
Gender
It is a set of socially ascribed characteristics,
norms, roles, attitudes, values and expectations
identifying the social behavior of men and
women, and the relations between them;
Gender-based online sexual harassment

It is an online conduct targeted at a particular
person that causes or likely to cause another
mental, emotional or psychological distress, and
fear of personal safety, sexual harassment acts
including unwanted sexual remarks and
comments, threats, uploading or sharing of one's
photos without consent, video and audio
recordings, cyberstalking and online identity theft;
Gender identity and/or expression

It is the personal sense of identity as
characterized, among others, by manner of
clothing, inclinations, and behavior in relation to
Page 336 of 354

ATENEO CENTRAL
masculine or feminine conventions. A person may b. Acts such as making offensive body
have a male or female identity with physiological gestures at someone, and exposing private
characteristics of the parts for the sexual gratification of the
opposite sex, in which case this person is perpetrator with the effect of demeaning,
considered transgender; harassing, threatening or intimidating the
offended party including flashing of private
Public Spaces parts, public masturbation, groping, and
It refers to streets and alleys, public parks, similar lewd sexual actions; and,
schools, buildings, malls, bars, restaurants, c. Acts such as stalking, and any of the acts
transportation terminals, public markets, spaces mentioned in items (a) and (b), when
used as evacuation centers, government offices, accompanied by touching, pinching or
public utility vehicles as well as private vehicles brushing against the body of the offended
covered by app-based transport network services person; or any touching, pinching, or
and other recreational spaces such as, but not brushing against the genitalia, face, arms,
limited to, cinema halls, theaters and spas; and anus, groin, breasts, inner thighs, face,
buttocks or any part of the victim’s body even
Stalking when not accompanied by acts mentioned in
It is conduct directed at a person involving the items (a) and (b).
repeated visual or physical proximity, non-
consensual communication, or a combination Places covered
thereof that cause or will likely cause a person to Streets, public spaces, restaurants, bars,
fear for one's own safety or the safety of others, cinemas, malls, buildings and other privately-
or to suffer emotional distress. (Sec. 3) owned places and in public utility vehicles (PUVs)
II. Gender-based streets and public spaces III. Gender-based online sexual harassment
sexual harassment
Acts that use information and communications
The following acts are unlawful and shall be technology in terrorizing and intimidating victims
penalized as follows: through the following:
a. For acts such as cursing, wolf-whistling, a. physical, psychological, and emotional
catcalling, leering and intrusive gazing, threats, unwanted sexual misogynistic,
taunting, pursing, unwanted invitations, transphobic, homophobic and sexist
misogynistic, transphobic, homophobic, and remarks and comments online whether
sexist slurs, persistent unwanted comments publicly or through direct and private
on one’s appearance, relentless requests for messages,
one’s personal details such as name, b. invasion of victim’s privacy through
contact and social media details or cyberstalking and incessant messaging;
destination, the use of words, gestures or c. uploading and sharing without the consent of
actions that ridicule on the basis of sex, the victim, any form of media that contains
gender or sexual orientation, identity and/or photos, voice, or video with sexual content,
expression including sexist, homophobic, any unauthorized recording and sharing of
and transphobic statements and slurs, the any of the victim’s photos, videos, or any
persistent telling of sexual jokes, use of information online; or,
sexual names, comments and demands, d. impersonating identities of victims online or
and any statement that has made an posting lies about victims to harm their
invasion on a person’s personal space or reputation, or filing, false abuse reports to
threatens the person’s sense of personal online platforms to silence victims.
safety;
Page 337 of 354

ATENEO CENTRAL
IV. Qualified gender-based streets, public other forms of information and

spaces and online sexual harassment communication systems;
c. A conduct that is unwelcome and pervasive
The penalty next higher in degree will be applied
and creates an intimidating, hostile or
in the following cases:
humiliating environment for the recipient.
a. If the act takes place in a common carrier or
PUV, including, but not limited to, jeepneys,
That the crime of gender-based sexual
taxis, tricycles, or app-based transport
harassment may also be committed between
network vehicle services, where the
peers and those committed to a superior
perpetrator is the driver of the vehicle and
officer by a subordinate, or to a teacher by a
the offended party is a passenger;
student, or to a trainer by a trainee; and
b. If the offended party is a minor, a senior
d. Information and communication system
citizen, or a person with disability (PWD), or
refers to a system for generating, sending,
a breastfeeding mother nursing her child;
receiving, storing or otherwise processing
c. If the offended party is diagnosed with a
electronic data messages or electronic
mental problem tending to impair consent;
documents and includes the computer
d. If the perpetrator is a member of the
system or other similar devices by or in
uniformed services, such as the PNP and
which data are recorded or stored and any
the Armed Forces of the Philippines (AFP),
procedure related to the recording or storage
and the act was perpetrated while the
of electronic data messages or electronic
perpetrator was in uniform; and
documents.
e. If the act takes place in the premises of a
government agency offering frontline VI. Gender-based sexual harassment in
services to the public and the perpetrator is educational and training institutions
a government employee.
All schools, whether public or private, shall
designate an officer-in-charge to receive
V. Gender-based sexual harassment in the complaints regarding violations of this Act, and
workplace shall, ensure that the victims are provided with a
The crime of gender-based sexual harassment in gender-sensitive environment that is both
the workplace includes the following: respectful to the victims’ needs and conducive to
a. An act or series of acts involving any truth-telling.
unwelcome sexual advances, requests or
demand for sexual favors or any act of Every school must adopt and publish grievance
sexual nature, whether done verbally, procedures to facilitate the filing of complaints by
physically or through the use of technology students and faculty members. Even if an
such as text messaging or electronic mail or individual does not want to file a complaint or
through any other forms of information and does not request that the school take any action
communication systems, that has or could on behalf of a student or faculty member and
have a detrimental effect on the conditions of school authorities have knowledge or reasonably
an individual’s employment or education, job know about a possible or impending act of
performance or opportunities; gender-based sexual harassment or sexual
b. A conduct of sexual nature and other violence, the school should promptly investigate
conduct-based on sex affecting the dignity of to determine the veracity of such information or
a person, which is unwelcome, knowledge and the circumstances under which
unreasonable, and offensive to the recipient, the act of gender-based sexual harassment or
whether done verbally, physically or through sexual violence were committed, and take
the use of technology such as text appropriate steps to resolve the situation.
messaging or electronic mail or through any
Page 338 of 354

ATENEO CENTRAL
If a school knows or reasonably should know CC. DATA PRIVACY ACT (RA 10173)
about acts of gender-based sexual harassment or
sexual violence being committed that creates a
hostile environment, the school must take Consent of the data subject
immediate action to eliminate the same acts, It refers to any freely given, specific, informed
prevent their recurrence, and address their indication of will, whereby the data subject agrees
effects. Once a perpetrator is found guilty, the to the collection and processing of personal
educational institution may reserve the right to information about and/or relating to him or her.
strip the diploma from the perpetrator or issue an
expulsion order. Consent shall be evidenced by written, electronic
or recorded means. It may also be given on behalf
Liability of students of the data subject by an agent specifically
Minor students who are found to have committed authorized by the data subject to do so.
acts of gender-based sexual harassment shall
only be held liable for administrative sanctions by Data subject
the school as stated in their school handbook. An individual whose personal information is
processed
Information and communications system
It refers to a system for generating, sending,
TOPIC OUTLINE UNDER THE SYLLABUS: receiving, storing or otherwise processing
electronic data messages or electronic
III. SPECIAL PENAL LAWS documents and includes the computer system or
other similar device by or which data is recorded,
CC. DATA PRIVACY ACT (RA 10173) transmitted or stored and any procedure related
to the recording, transmission or storage of
1. Definition of terms (Sec. 3) electronic data, electronic message, or electronic
document.
2. Scope of application (Sec. 4)
Personal information
3. Extraterritorial application (Sec. 5) It is any information whether recorded in a
material form or not, from which the identity of an
4. Punishable acts individual is apparent or can be reasonably and
directly ascertained by the entity holding the
information, or when put together with other
information would directly and certainly identify
an individual.
Personal information controller

It is a person or organization who controls the
collection, holding, processing or use of personal
information, including a person or organization
who instructs another person or organization to
collect, hold, process, use, transfer or disclose
personal information on his or her behalf.
Page 339 of 354

ATENEO CENTRAL
employees or agents, who discloses to a TOPIC OUTLINE UNDER THE SYLLABUS:

third party personal and sensitive personal
information not covered by the immediately III. SPECIAL PENAL LAWS
preceding section without the consent of the
data subject (Sec. 32) Note: This topic is included in the List of
Relevant Materials for Special Penal Laws, but
V. Extent of liability not expressly included under the syllabus for
the said subject.
If the offender is a/an
a. Juridical person DD. INDETERMINATE SENTENCE LAW (ACT
The penalty shall be imposed upon the 4103, AS AMENDED BY ACT NO. 4225 AND RA
responsible officers, as the case may be, 4225)
who participated in, or by their gross
negligence, allowed the commission of 1. Concept
the crime. The court may also suspend or
revoke any of its rights under this Act. 2. Who are disqualified
b. Alien
3. Release of prisoner on parole
He or she shall, in addition to the
penalties herein prescribed, be deported 4. Reasons for fixing the maximum and
without further proceedings after serving minimum terms in the indeterminate
the penalties prescribed. sentence
c. Public official
If the offender is a public official or 5. Other relevant rules
employee and lie or she is found guilty of
acts penalized under Sections 27 and 28
of this Act, he or she shall, in addition to
the penalties prescribed herein, suffer
perpetual or temporary absolute
disqualification from office, as the case
may be.
When the offender or the person

responsible for the offense is a public
officer as defined in the Administrative
Code of the Philippines in the exercise of
his or her duties, an accessory penalty
consisting in the disqualification to
occupy public office for a term double the
term of criminal penalty imposed shall he
applied. (Sec. 36)
Committed in large scale

When the personal information of at least one
hundred (100) persons is harmed, affected or
involved as the result of the above mentioned
actions, the violation of this Act is considered
committed in large scale. (Sec. 35)
Page 342 of 354

ATENEO CENTRAL
DD. INDETERMINATE SENTENCE LAW (ACT Illustration

4103, AS AMENDED BY ACT NO. 4225 CRIME PUNISHED UNDER RPC
AND RA 4225) Case: In a frustrated homicide case, the
I. Concept penalty for which is prision mayor in its
medium (given that it is only frustrated,
The Indeterminate Sentence Law (“ISL”) provides thus it is lower by one degree).
for a maximum and minimum, instead of a single NO mitigating and aggravating
fixed penalty. The prisoner must be sentenced to circumstance
imprisonment for a period which is not more than
MAX Prision mayor, medium
the maximum and not less than the minimum. The
Anywhere within the range of
period between the minimum and maximum is
MIN prision correccional, being the
indeterminate in the sense that the prisoner may
next lower than prision mayor
be exempted from serving said indeterminate
With ONE MITIGATING circumstance
period in whole or in part.
and NO AGGRAVATING circumstance
For a prisoner to be eligible for parole, he must MAX Prision mayor, minimum
serve the minimum. Anywhere within the range of
MIN prision correccional without
The law does not impair the powers of the Chief reference to any of its period
Executive under the Administrative Code. With ONE AGGRAVATING circumstance
MAX Prision mayor, maximum
If crime is based on RPC
MAXIMUM penalty: What is imposed in the RPC, MIN prision correccional without
considering the modifying circumstances. reference to any of its period
With ONE PRIVILEGED MITIGATING or
MINIMUM penalty: One DEGREE lower of the TWO MITIGATING circumstances, NO
maximum penalty imposed in the RPC, without AGGRAVATING circumstance
considering the modifying circumstances. MAX Prision correccional, medium
If crime is based on SPL MIN
arresto mayor
MAXIMUM penalty: Maximum term fixed by the
law CRIME PUNISHED UNDER SPL
Case: A is convicted of illegal possession of
MINIMUM penalty: Any period, but not lower than firearms punishable by 1 year and 1 day to 8
the minimum fixed by the special law. years of imprisonment.
However, if the special adopts the nomenclature Shall not exceed 8 years as fixed
MAX
of penalties under the RPC, the determination of by law
the indeterminate sentence will be based in the Shall not be less than the
rules applied for those crimes under the RPC. MIN minimum period of 1 year and 1
(Cahulogan v. People, G.R. No. 225695, 2018) day as prescribed by law
Purpose: To uplift and redeem valuable human

material and prevent unnecessary and excessive II. Who are disqualified
deprivation of liberty and economic usefulness The ISL shall not apply to the following persons:
(People v. Ducosin, G.R. No. L-38332, 1933).
a. Sentenced to reclusion perpetua or life
imprisonment or death penalty;
Page 343 of 354

ATENEO CENTRAL
b. Convicted of treason, or conspiracy or During the period of surveillance, the paroled

proposal to commit treason; prisoner shall:
c. Convicted of misprision of treason, rebellion, a. Report personally to proper government
sedition or espionage; officials or other parole officers appointed by
d. Convicted of piracy; the Board;
e. Habitual delinquents; b. Show himself to be a law-abiding citizen;

and,
f. Escaped from confinement as a prisoner, or
evaded sentence; c. Shall not violate any law.
g. Granted with conditional pardon by the The Board may limit his residence and change it
President, but violated the terms thereof; from time to time.
h. Maximum term of imprisonment actually The final certificate of release shall issue ONLY
imposed does not exceed one (1) year; if during the period of surveillance, the paroled
i. When penalty is other than prison sentence prisoner successfully satisfies items (b) and (c) of
(e.g., destierro or suspension only) his duties above-mentioned.
j. Pendency of another case; Violation of conditions of parole

k. When application of ISL will not be favorable When the paroled prisoner violates any of the
to the accused; conditions of his parole:
l. Those who are already sentenced by final
a. The Board may issue an order for his arrest
judgment upon the approval of ISL, except
which may be served in any part of the
Sec. 5 (Release of prisoner on parole).
Philippines by any police officer; and,
III. Release of prisoner on parole
b. The prisoner shall serve the remaining
The Board of Indeterminate Sentence may
unexpired portion of the maximum sentence
authorize the release of a prisoner on parole,
originally imposed upon him, UNLESS the
upon such terms and conditions as prescribed,
Board will grant him another parole.
after he shall have served the minimum penalty
imposed on him, provided that it shall appear to IV. Reasons for fixing the maximum and
the Board from the reports of the prisoner’s work minimum terms in the indeterminate
and conduct and from study and investigation sentence
made by the Board that:
The minimum and maximum terms in the
a. Such prisoner is fitted by his training for Indeterminate Sentence must be fixed, because
release; they are the basis for the following:
b. There is reasonable probability that he will
a. Eligibility for parole – It is when he has
and live and remain at liberty without
served the MINIMUM penalty imposed on
violating the law; and,
him, and upon determination by the Board to
c. The release will not be incompatible with the be fit for parole.
welfare of society.
b. Determination of the sentence to be imposed
Even if a prisoner has already served the when the paroled prisoner violates any of the
minimum penalty imposed, if he is not fit for conditions of his parole during the period of
release on parole, he shall continue serving his surveillance – In such case, he may be
sentence until the end of his maximum term. rearrested to serve the remaining unexpired
portion of the MAXIMUM sentence.
Duty of paroled prisoner
Page 344 of 354

ATENEO CENTRAL
c. Determination of period when the prisoner is TOPIC OUTLINE UNDER THE SYLLABUS:
to stay imprisoned – Even if a prisoner has
already served the MINIMUM, but he is not III. SPECIAL PENAL LAWS
fit for release on the parole, he shall continue
to serve until the end of the MAXIMUM term. Note: This topic is included in the List of
V. Other relevant rules not expressly included under the syllabus for
the said subject.
Article III, Sec 19(1) of the 1987 Constitution
which states that “Any death penalty already EE. PROBATION LAW (PD 968 AS AMENDED
imposed shall be reduced to reclusion perpetua” BY PD 1257, BP 76, PD 1990 and RA 10707)
does not change the periods of the penalty
prescribed by Article 248 of the RPC, except only 1. Definition of terms
insofar as it prohibits the imposition of the death
penalty and reduces it to reclusion perpetua. The 2. When applied for
range of the medium and minimum penalties
3. Grant/Denial of probation; Conditions
remain unchanged. (People v. Muñoz, G.R. No.
L-38969-70, 1989) 4. Disqualified offenders
————- end of topic ————- 5. Period of probation
6. Arrest of probationer
7. Termination of probation
Page 345 of 354

ATENEO CENTRAL
EE. PROBATION LAW (PD 968 AS AMENDED When a judgment of conviction imposing a non-
BY PD 1257, BP 76, PD 1990 and RA probationable penalty is appealed or reviewed,
10707) and such judgment is modified through the
imposition of a probationable penalty, the
defendant shall be allowed to apply for probation
Probation based on the modified decision before such
decision becomes final. The application for
Probation is a special privilege granted by the probation based on the modified decision shall be
state to a penitent qualified offender. It essentially filed in the trial court where the judgment of
rejects appeals and encourages an otherwise conviction imposing a non-probationable penalty
eligible convict to immediately admit his liability was rendered, or in the trial court where such
and save the state of time, effort and expenses to case has since been re-raffled. (Colinares v.
jettison an appeal. The law expressly requires People, G.R. No. 182748, 2011)
that an accused must not have appealed his
conviction before he can avail of probation. III. Grant/Denial of probation; Conditions
(Francisco v. Court of Appeals, G.R. No. 108747,
Rules and effects of filing and grant/denial of
1995)
application for probation
It is a disposition under which a defendant, after
a. Filing of application for probation operates
conviction and sentence, is released subject to
as a waiver of the right to appeal.
conditions imposed by the court and to the
supervision of a probation officer. b. If the defendant has perfected an appeal, no
application will be granted.
Probationer
c. After having convicted and sentenced a
defendant, the trial court may suspend the
He is a person placed on probation.
execution of the sentence, and place the
defendant on probation, upon application by
Probation officer
the defendant within the period for perfecting
He is a person who investigates for the court, an appeal.
makes a referral for probation, supervises a d. Probation may be granted whether the
probationer or both, and performs other related sentence imposes the penalty of
duties as directed. imprisonment or fine only.
II. When applied for e. The order granting or denying probation

shall not be appealable since probation is
not an absolute right.
Probation is applied for after conviction and
sentencing of a defendant for a probationable f. Accessory penalties are deemed suspended
penalty and upon application within the period once probation is granted.
of perfecting an appeal.
g. The convict is not immediately placed on
probation. There shall be a prior
General Rule: A perfected appeal from the
investigation by the probation officer and a
judgment of conviction bars the grant of the
determination by the court.
privilege of probation. The remedies of appeal
and probation are alternative and mutually
exclusive of each other.
Exception: Appeal for correction of a non-

probationable penalty
Page 346 of 354

ATENEO CENTRAL
Conditions of grant of probation f. Those who have perfected an appeal;
The probationer shall: g. Those who were convicted of drug trafficking

or drug pushing under RA 9165, Sec. 24;
a. Present himself to his probation officer
designated to undertake his supervision at a h. Those who were convicted of election
place specified in the order within 72 hours offenses under the Omnibus Election Code;
from receipt of said order;
i. If placing the offender on probation will NOT
b. Report to his probation officer at least once serve the end of justice or the best interest
a month at such time and place as specified of the society and the offender himself;
by said officer; and,
j. Those guilty of malicious reporting of money
c. Other additional conditions that the court laundering under RA 9160, as amended;
may require as listed in Section 10 of PD and,
968.
k. In order not to depreciate the crime of torture
Grounds for denial of application for (RA 9745).
probation
V. Period of probation
Application for probation shall be denied upon the
Period of imprisonment and period of
finding of the court that:
probation
a. Probation will depreciate the seriousness of TERM OF
DURATION
the offense committed; IMPRISONMENT
Penalty for crime is not Probation shall not
b. There is undue risk of committing another more than 1 year exceed 2 years
crime during the probation period; or Penalty for crime is Probation shall not
more than 1 year exceed 6 years
c. The offender is in need of correctional When penalty is a fine Probation shall be
treatment that can be provided effectively by only and offender is twice the total
his commitment to an institution. made to serve number of days of
subsidiary subsidiary
IV. Disqualified offenders
imprisonment imprisonment
The benefits of the Probation Law shall not be
extended to the following persons:
VI. Arrest of probationer
a. Those sentenced to serve a maximum term
of imprisonment of more than 6 years; At any time during probation, the court may issue
a warrant for the arrest of a probationer for any
b. Those convicted of subversion or any crime serious violation of the conditions of probation, or
against the national security; upon commission of another offense.
c. Those previously convicted by final The probationer, once arrested and detained,
judgment of an offense punished by shall immediately be brought before the court for
imprisonment of more than 6 months and 1 a hearing, which may be informal and summary,
day and/or a fine more than P1,000; of the violation charged. The accused may be
permitted bail pending such hearing.
d. Those once placed on probation;
If violation is established, the court may:
e. Those already serving sentence at the time
the Probation Law became applicable;
Page 347 of 354

ATENEO CENTRAL
a. Revoke his probation, and thus make him 5. Diversion and intervention
serve the sentence originally imposed; or,
b. Continue his probation and modify its
conditions.
FF. JUVENILE JUSTICE AND WELFARE ACT
If revoked, the probationer shall serve the (RA 9344, AS AMENDED BY RA 10630)
sentence originally imposed. I. Definition of terms
VII. Termination of probation Best interest of the child
The court may order the final discharge of the It refers to the totality of the circumstances and
probationer upon finding that he has fulfilled the conditions which are most congenial to the
terms and conditions of his probation. survival, protection and feelings of security of the
child and most encouraging to the child's
Effects of termination of probation
physical, psychological and emotional
a. Case is deemed terminated. development. It also means the least detrimental
available alternative for safeguarding the growth
b. Restoration of all civil rights lost or and development of the child.
suspended.
Child
c. Fully discharges liability for any fine imposed.
It refers to a person under the age of eighteen
Probation is not coterminous with the period. (18) years.
There must be an ORDER issued by court
discharging the probationer, only from issuance Child at risk
can the case of probationer be deemed
It refers to a child who is vulnerable to and at the
terminated. (Bala v. Martinez, G.R. No. L-67301,
risk of committing criminal offenses because of
1990)
personal, family and social circumstances, such
————- end of topic ————- as, but not limited to, the following:
TOPIC OUTLINE UNDER THE SYLLABUS: a. being abused by any person through sexual,
physical, psychological, mental, economic or
III. SPECIAL PENAL LAWS any other means and the parents or
guardian refuse, are unwilling, or unable to
Note: This topic is included in the List of provide protection for the child;
not expressly included under the syllabus for b. being exploited including sexually or
the said subject. economically;
FF. JUVENILE JUSTICE AND WELFARE ACT c. being abandoned or neglected, and after
(RA 9344, AS AMENDED BY RA 10630) diligent search and inquiry, the parent or
guardian cannot be found;
d. coming from a dysfunctional or broken family
2. Rights of the child in conflict with the law or without a parent or guardian;
(Sec. 5)
3. Minimum age of criminal responsibility e. being out of school;
(Sec. 6)
f. being a streetchild;
4. Prohibited acts (Secs. 60 and 61)
Page 348 of 354

ATENEO CENTRAL
g. being a member of a gang; educational background without resorting to

formal court proceedings
h. living in a community with a high level of
criminality or drug abuse; or
i. living in situations of armed conflict. Juvenile Justice Welfare Council
Child in conflict with the law A body attached to the DSWD chaired by an
Undersecretary of the DSWD. They shall ensure
A child who is alleged as, accused of, or adjudged the effective implementation of the JJWA.
as, having committed an offense under Philippine
laws. Initial contact with the child
Bahay Pag-asa Apprehension or taking into custody of a child in

conflict with the law by law enforcement officers
It refers to a 24-hour child-caring institution or private citizens
established, funded and managed by local
government units (LGUs) and licensed and/or Intervention
accredited nongovernment organizations (NGOs)
providing short-term residential care for children A series of activities which are designed to
in conflict with the law who are above fifteen (15) address issues that caused the child to commit an
but below eighteen (18) years of age who are offense. It may take the form of an individualized
awaiting court disposition of their cases or treatment program which may include
transfer to other agencies or jurisdiction. counseling, skills training, education, and other
activities that will enhance his/her psychological,
Part of the features of a ‘Bahay Pag-asa’ is an emotional and psycho-social well-being.
intensive juvenile intervention (IJISC) and
support center. This Center will be allocated for Recognizance
children in conflict with the law in accordance with
An undertaking in lieu of a bond assumed by a
Sections 20, 20-A and 20-B (children below the
parent or custodian who shall be responsible for
age of criminal responsibility, children above 12
the appearance in court of the child in conflict with
but below 15 who commit serious crimes, repeat
the law, when required.
offenders) hereof. These children will be required
to undergo a more intensive multi-disciplinary Restorative justice
intervention program.
A principle which requires a process of resolving
Multi-disciplinary team conflicts with the maximum involvement of the
victim, the offender and the community. It seeks
They operate the ‘Bahay Pag-asa’, composed of
to obtain reparation for the victim; reconciliation
a social worker, a psychologist/mental health
of the offender, the offended and the community;
professional, a medical doctor, an
and reassurance to the offender that he/she can
educational/guidance counselor and a Barangay
be reintegrated into society. It also enhances
Council for the Protection of Children (BCPC)
public safety by activating the offender, the victim
member.
and the community in prevention strategies.
Diversion
Status offenses
An alternative, child-appropriate process of
This refers to offenses which discriminate only
determining the responsibility and treatment of a
against a child, while an adult does not suffer any
child in conflict with the law on the basis of his/her
penalty for committing similar acts. These shall
social, cultural, economic, psychological or
Page 349 of 354

ATENEO CENTRAL
include curfew violations; truancy, parental authority, and to a prompt decision on such
disobedience and the like. action;
f. The right to bail and recognizance, in

appropriate cases;
Youth Rehabilitation Center
g. the right to testify as a witness in his/her own
It refers to a 24-hour residential care facility behalf under the rule on examination of a
managed by the Department of Social Welfare child witness;
and Development (DSWD), LGUs, licensed
and/or accredited NGOs monitored by the h. The right to have his/her privacy respected
DSWD, which provides care, treatment and fully at all stages of the proceedings;
rehabilitation services for children in conflict with
the law. Rehabilitation services are provided i. The right to diversion if he/she is qualified
under the guidance of a trained staff where and voluntarily avails of the same;
residents are cared for under a structured
j. The right to be imposed a judgment in
therapeutic environment with the end view of
proportion to the gravity of the offense where
reintegrating them into their families and
his/her best interest, the rights of the victim
communities as socially functioning individuals.
and the needs of society are all taken into
(Sec. 4)
consideration by the court, under the
II. Rights of the child in conflict with the law principle of restorative justice;
Every child in conflict with the law shall have the k. The right to have restrictions on his/her
following rights, including but not limited to: personal liberty limited to the minimum, and
where discretion is given by law to the judge
a. The right not to be subjected to torture or to determine whether to impose fine or
other cruel, inhuman or degrading treatment imprisonment, the imposition of fine being
or punishment; preferred as the more appropriate penalty;
b. The right not to be imposed a sentence of l. The right to automatic suspension of
capital punishment or life imprisonment, sentence;
without the possibility of release;
m. The right to probation as an alternative to
c. The right not to be deprived, unlawfully or imprisonment, if qualified under the
arbitrarily, of his/her liberty; detention or Probation Law;
imprisonment being a disposition of last
resort, and which shall be for the shortest n. The right to be free from liability for perjury,
appropriate period of time; concealment or misrepresentation; and,
d. The right to be treated with humanity and o. Other rights as provided for under existing
respect, for the inherent dignity of the laws, rules and regulations.
person, and in a manner which takes into
account the needs of a person of his/her III. Minimum age of criminal responsibility
age. Below 15 years old at the time of the
commission of the offense
e. The right to prompt access to legal and other
appropriate assistance, as well as the right Criminal liability – EXEMPT, but subject to
to challenge the legality of the deprivation of Intervention program
his/her liberty before a court or other
competent, independent and impartial Civil liability – LIABLE
Page 350 of 354

ATENEO CENTRAL
A child is deemed to be fifteen (15) years 3. Prohibition on corporal punishment; and

of age on the day of the fifteenth
anniversary of his/her birthdate. 4. Doubts shall be resolved in favor of the child.
Above 15 but below 18 years old, acting Presumption of minority

WITHOUT discernment at the time of the
The child in conflict with the law shall enjoy the
commission of the offense
presumption of minority. The child shall enjoy all
Criminal liability – EXEMPT, but subject to the rights of a child in conflict with the law until
Intervention program he/she is proven to be eighteen (18) years old or
older. (Sec. 7)
Civil liability – LIABLE
Proof of age
Above 15 but below 18 years old, acting WITH
discernment at the time of the commission of The age of a child may be determined from the
the offense child's birth certificate, baptismal certificate or any
other pertinent documents.
Criminal liability – Diversion
In the absence of these documents, age may be
Civil liability – LIABLE based on information from the child
himself/herself, testimonies of other persons, the
Above 18 years old at the time of the physical appearance of the child and other
commission of the offense relevant evidence. In case of doubt as to the age
of the child, it shall be resolved in his/her favor.
Criminal liability – LIABLE
(Sec. 7)
Civil liability – LIABLE
If child taken into custody is 15 years or below
Rule on automatic suspension of sentence
The authority which will have an initial contact
If the child who is under 18 years of age at the with the child, in consultation with the local social
commission of the offense is found guilty, the welfare and development officer, has the duty to
court shall ascertain any civil liability. Instead of immediately release the child to the custody of
pronouncing conviction, the child shall be placed his/her parents or guardian, or in the absence
under suspended sentence. The suspension thereof, the child’s nearest relative.
shall be applied even if the juvenile is 18 or above
The child shall be subjected to a community-
at the pronouncement of the child’s guilt. (Sec.
based intervention program supervised by the
38)
local social welfare and development officer,
Judgment against children in conflict with the law unless the best interest of the child requires the
shall be guided by the following: referral of the child to a youth care facility or
‘Bahay Pag-asa’. (Sec. 20)
1. It shall be considered in the circumstances
of the best interest of the child, in the Serious crimes committed by children who
demands of restorative justice; are exempt from criminal responsibility
2. Restrictions on personal liberty shall be at A child who is above 12 up to 15 years of age and
the minimum. When the court has the who commits parricide, murder, infanticide,
discretion to impose a fine instead of the kidnapping and serious illegal detention where
penalty of imprisonment, the imposition of the victim is killed or raped, robbery, with
the fine shall be proffered as the more homicide or rape, destructive arson, rape, or
appropriate penalty; carnapping where the driver or occupant is killed
Page 351 of 354

ATENEO CENTRAL
or raped or offenses under Republic Act No. 9165 him/her to walk around the community
punishable by more than 12 years of wearing signs which embarrass, humiliate,
imprisonment, shall be deemed a neglected and degrade his/her personality and dignity;
child and shall be mandatorily placed in a special and
facility within the youth care faculty or ‘Bahay
Pag-asa’ called the Intensive Juvenile f. Compelling the child to perform involuntary
Intervention and Support Center (IJISC). servitude in any and all forms under any and
all instances. (Secs. 60 and 61)
Repetition of offenses
V. Diversion and intervention
A child who is above twelve (12) years of age up
System of diversion
to fifteen (15) years of age and who commits an
offense for the second time or oftener: Provided, Children in conflict with the law shall undergo
That the child was previously subjected to a diversion programs without undergoing court
community-based intervention program, shall be proceedings:
deemed a neglected child and shall undergo an
intensive intervention program supervised by the a. Where the imposable penalty for the crime
local social welfare and development officer. committee is not more than six (6) years
imprisonment – The law enforcement officer
IV. Prohibited acts or Punong Barangay with the assistance of
The following and any other similar acts shall be the local social welfare and development
considered prejudicial and detrimental to the officer or other members of the LCPC shall
psychological, emotional, social, spiritual, moral conduct mediation, family conferencing and
and physical health and well-being of the child in conciliation and, where appropriate, adopt
conflict with the law and therefore, prohibited: indigenous modes of conflict resolution in
accordance with the best interest of the child
a. In the conduct of the proceedings beginning with a view to accomplishing the objectives
from the initial contact with the child, the of restorative justice and the formulation of a
competent authorities must refrain from diversion program. The child and his/her
branding or labeling children as young family shall be present in these activities.
criminals, juvenile delinquents, prostitutes or
attaching to them in any manner any other b. In victimless crimes where the imposable
derogatory names. penalty is not more than six (6) years
imprisonment – The local social welfare and
b. No discriminatory remarks and practices development officer shall meet with the child
shall be allowed particularly with respect to and his/her parents or guardians for the
the child's class or ethnic origin. development of the appropriate diversion
and rehabilitation program, in coordination
c. Employment of threats of whatever kind and with the BCPC.
nature;
c. Where the imposable penalty for the crime
d. Employment of abusive, coercive and committed exceeds six (6) years
punitive measures such as cursing, beating, imprisonment – Diversion measures may be
stripping, and solitary confinement; resorted to only by the court. (Sec. 23)
e. Employment of degrading, inhuman and Where the maximum penalty imposed by law for
cruel forms of punishment such as shaving the offense with which the child in conflict with the
the heads, pouring irritating, corrosive or law is charged is imprisonment of not more than
harmful substances over the body of the twelve (12) years, regardless of the fine or fine
child in conflict with the law, or forcing alone regardless of the amount, and before
Page 352 of 354

ATENEO CENTRAL
arraignment of the child in conflict with the law, Factors in formulating the diversion program
the court shall determine whether or not diversion
is appropriate. (Sec. 37) In formulating a diversion program, the individual
characteristics and the peculiar circumstances of
If during the conferencing, mediation or the child in conflict with the law shall be used to
conciliation outside the criminal justice system or formulate an individualized treatment.
prior to his entry into said system, the child
voluntarily admits the commission of the act, a The following factors shall be considered in
contract of diversion may be entered into during formulating a diversion program for the child:
such conferencing, mediation or conciliation
a. The child's feelings of remorse for the
proceedings. (Sec. 26)
offense he/she committed;
Stages where diversion program may be
b. The parents’ or legal guardians’ ability to
conducted
guide and supervise the child;
Diversion may be conducted at –
c. The victim's view about the propriety of the
a. Katarungang Pambarangay; measures to be imposed; and,
b. Police investigation; d. The availability of community-based

programs for rehabilitation and reintegration
c. Inquest; of the child. (Sec. 30)
d. Preliminary Investigation; or VI. Other relevant rules
e. All levels and phases of the proceedings Offenses not applicable to children
including the judicial level (Sec. 24)
Persons below eighteen (18) years of age shall
Factors in determining the diversion program be exempt from prosecution for the following
crimes:
In determining whether diversion is appropriate
and desirable, the following factors shall be taken a. Vagrancy and prostitution under Section 202
into consideration: of the Revised Penal Code;
a. The nature and circumstances of the offense b. Mendicancy under Presidential Decree No.
charged; 1563; and
b. The frequency and the severity of the act; c. Sniffing of rugby under Presidential Decree
No. 1619. (Sec. 58)
c. The circumstances of the child (e.g. age,
maturity, intelligence, etc.); Exemption from the application of death
penalty
d. The influence of the family and environment
on the growth of the child; The provisions of the Revised Penal Code, as
amended, Republic Act No. 9165, otherwise
e. The reparation of injury to the victim; known as the Comprehensive Dangerous Drugs
Act of 2002, and other special laws
f. The weight of the evidence against the child; notwithstanding, no death penalty shall be
imposed upon children in conflict with the law.
g. The safety of the community; and,
Exploitation of children for commission of
h. The best interest of the child (Sec. 29)
crimes
Page 353 of 354

ATENEO CENTRAL
Any person who, in the commission of a crime,

makes use, takes advantage of, or profits from
the use of children, including any person who
abuses his/her authority over the child or who,
with abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce,
threaten or instigate the commission of the crime,
shall be imposed the penalty prescribed by law
for the crime committed in its maximum period.
Page 354 of 354

(2021 Blue Notes) SPL-1

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

(2021 Blue Notes) SPL-1

Uploaded by

Copyright:

Available Formats

PHILIPPINE COPYRIGHT

THE ATENEO CENTRAL BAR OPERATIONS 2020-2021

All Rights Reserved

This material is an intellectual creation of the Ateneo Central Bar Operations

Ad maiorem Dei gloriam.

KATHLEEN KAE Z. ENDOZO MEG V. BUENSALIDO

CARLOS ROSAURO N. MANALO

JUDGE OSCAR B. PIMENTEL

ERIN CANDICE CANCEKO PATRICIA RAMOS

RACHEL LEIGH COLLADO ANGELICA OIDEM AIMIEL MARIAN REYES

JOSEPH BILL P. QUINTOS STEFI MONIKA S. SUERO

AINA RAE L. CORTEZ CHRISTIAN GIO R. SENARLO

DONN MARIE ISABELLE BALINA MELISSA GABRIELLE P. REMULLA

I. PRINCIPLES OF CRIMINAL LAW............................................................................................................... 1

A. GENERAL PRINCIPLES ........................................................................................................................ 1

II. CRIMES UNDER THE REVISED PENAL CODE .......................................................................................... 88

A. CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATIONS ................................................ 88

III. SPECIAL PENAL LAWS ...................................................................................................................... 242

A. NEW ANTI-CARNAPPING ACT OF 2016 ........................................................................................... 242

III. AGGRAVATING CIRCUMSTANCES RESULTING TO DENIAL OF BAIL .................................................. 243

J. ANTI-HAZING ACT OF 2018 (RA 8049, AS AMENDED BY RA 11053) ................................................... 269

Q. ANTI-TORTURE ACT OF 2009 (RA 9745) ......................................................................................... 297

III. ATTEMPTED TRAFFICKING ................................................................................................................ 319

VII. TERMINATION OF PROBATION ......................................................................................................... 348

TOPIC OUTLINE UNDER THE SYLLABUS: G. MIGRANT WORKERS AND OVERSEAS

Any such non-licensee or non-holder who, in any

d. Illegal recruitment by a syndicate

Illegal recruitment is deemed committed by a

e. Illegal recruitment in large scale

It is deemed committed in large scale if committed

Page 259 of 354

Page 260 of 354

If found guilty of – Estafa and illegal recruitment

Page 261 of 354

————- end of topic ————- II. Persons liable

Page 262 of 354

government building or barangay hall; (Sec. tolerates the same in connection

Page 263 of 354

————- end of topic ————-

Page 264 of 354

I. COMPREHENSIVE FIREARMS AND 1. Handgun which is a firearm intended to be

Page 265 of 354

4. Illegally manufactured firearms; Liability of Juridical Person

Page 266 of 354

2. Possession of machinery, tool or instrument firearm muffler,

Page 267 of 354

or possession of a Authority of Barangay Captain to carry

Page 268 of 354

c. Failed to promptly report the same if they K. COMPREHENSIVE DANGEROUS DRUGS

V. Other relevant rules I. Definition of terms

Recognizing the malum prohibitum characteristic Den, dive or resort

III. SPECIAL PENAL LAWS Financier

1. Definition of terms (Sec. 3) Protector/coddler

2. Punishable acts It refers to any person who knowingly and willfully

II. Punishable acts

• Done through the use of a diplomatic

Page 272 of 354

• Acting as organizer, manager, or Delivery is any act of knowingly passing

Page 273 of 354

3. Any clandestine laboratory was 3. the accused freely and consciously

4. Any clandestine laboratory was Jurisprudence is consistent in that mere

1. the accused is in possession of an k. Possession of equipment, instrument,

Page 274 of 354