Overview of the Commonly Violated provisions of Republic Act.

9165, as amended and relevant

Jurisprudence

Section 4. Importation of Dangerous Drugs and or Controlled Precursors and Essential Chemicals –

Elements of Importation:

1. Bringing or importing of the dangerous drugs into the Philippines.

2. Without being authorized by law (Unlawful acts under Republic Act, No.9165, 788 SCRA 679
April 6,2016 ; DDB Resolution No.1 2014

Relevant Jurisprudence

1. Is illegal possession an element of illegal importation?

- Yes, Illegal possession is an element of and is necessarily included in the illegal importation
of regulated drugs. (People Vs. Liu, G.R No. 189272)

Xx while the appellants cannot be held liable for the offense of illegal importation charged in
the information, their criminal liability for illegal possession if proven beyond reasonable
doubt, may nevertheless be sustained. As previously mentioned, the crime of importation of
regulated drugs is committed by importing or bringing into the Philippines without being
authorized by law. Indeed when one brings something or causes something to be brought
into the country, he necessarily has possession of the same.

Necessarily, therefore importation can never be proven without first establishing

possession, affirming the fact that possession is a condition sine qua non for it would rather
be unjust to convict one of illegal importation of regulated drugs when he is not proven to
the in possession thereof. (People Vs. Chi Chan Liu)

Sec.5, Sale, Trading, Administration, Dispensation and transportation.

Elements of Illegal Sale:

1. The identity of the buyer, and the seller, the identity of the object and the consideration
of the sale; and
2. The delivery of the thing sold and the payment for the thing.

Elements of Delivery

1. The accused passed on possession of a dangerous drug to another, personally or

otherwise and by any means,
2. Such delivery is not authorized by law.
 3. The accused knowingly made the delivery, worthy of note is that the delivery may
be committed even without consideration.

Elements of Transportation
1. The essential element of the charge is the MOVEMENT of the dangerous drug from
one place to another.

Relevant Jurisprudence
1. The prosecutor failed to present the poseur buyer during the trial. Is this a fatal
defect that will lead to the acquittal of the accused?

No, if there were other eyewitness who testified the transaction, In pp v. Uy the
supreme court said :
We have previously declared that what can be fatal is the non-presentation of
the poseur-buyer if there is no other eyewitness to the illicit transaction. In the
case at bar, the other members of the team that conducted the buy-bust
operation testified in the court. They declared that they witnessed the
consummation of the illegal sale perpetrated by the accused appellant. Hence,
their positive Identification of the accused appellant rendered the non-
presentation of the poseur-buyer non fatal to the case of prosecution. We
likewise note that the absence of the poseur-buyer was sufficiently explained.

In illegal possession or transportation of prohibited drugs, is it necessary to prove that

the accused owned the prohibited?

- No, when an accused is charged with illegal possession or transportation of prohibited

drugs, the ownership thereof is immaterial. Consequently proof of ownership of the
confiscated marijuana is not necessary. Moreover, accused possession of the packages
containing illegal drugs gave rise to the disputable presumption that she is the owner of the
packages and their contents. Accused failed to rebut this presumption. Her uncorroborated
claim of lack of knowledge that she had prohibited drug in her possession is insufficient.

Section 6 Maintenance of a Den, Dive of Resort

Elements

Offenders
Maintainer:
1. The accused is maintaining a den where any dangerous drug is administered, used or
sold
2. The alleged drug den is a place where dangerous drugs are regularly sold to and or used
by customers of the maintainer of the den.
 Owner :

1. The accused is the owner of the den, dive resort (even if not the maintainer)
2. Intentionally uses his property as a den, dive resort

Financier, manager, organizer, maintainer

1. The place is a den,dive resort where dangerous drugs are regularly sold to and or used by
customers of the maintainer of the den.
2. The accused finances, manages or organizers any of the illegal activities in the den,dive,or
resort

Relevant Jurisprudence

1. Is habitually an element of maintenance of a den, dive or resort?

- Yes, for an accused to be convicted of maintenance of drug den, the prosecution must
establish with proof beyond reasonable doubt that the accused is maintaining a den where
any dangerous drug is administered, used or sold it must be established that the alleged
drug den is a place where dangerous drugs are regularly sold and or used by customers of
the maintainer of the den.

Section 7; Employees and Visitors of a den, diver or resort

Elements:

Offenders;

A. Employees
1. The accused is an employee of the maintainer, owner and or operator of a den, dive or
resort in connection with the operation thereof.
2. He is aware of the nature of the place as such;
3. With or without compensation

B. Visitors
1. He or she knew the place visited was a drug den
2. And still visited the place despite this knowledge.

Relevant Jurisprudence:
1. Is the mere presence of the accused in the drug den enough to prove the charge of
Sec.7 of Republic Act. No.9165 as amended?
 - Before a person may be convicted under the foregoing provision, it must be shown that he
or she knew that the place visited was a drug den and still visited the place despite this
knowledge.

Section 11. Possession of Dangerous Drug- The penalty of life imprisonment to death and a fine ranging
from five hundred thousand pesos to ten million pesos shall be imposed upon any person who unless
authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree
of purity thereof.

1. 10 grams or more of opium

2. 10 grams or more of morphine
3. 10 grams or more of heroin
4. 10 grams or more of cocaine
5. 50 grams or more of methamphetamine hydrochloride or shabu
6. 10 grams or more of marijuana resin or marijuana resin oil
7. 500 grams or more of marijuana and
8. 10 grams or more of other dangerous drugs such as but not limited to, MDA or ecstacy

Otherwise if the quantity is less that the foregoing quantities, the penalties shall be graduated as
follows;
1. Life imprisonment and a fine ranging from 400k to 500K if the quantity of Shabu is 10 grams
but less than 50 grams
2. imprisonment of 30 years and I day to life imprisonment and a fine ranging from 400 to 500k
if the quantities of the drugs are 5 grams or more but less than 10 grams of
opium,heroin,cocaine, marijuana resin oil, shabu and other dangerous drugs
3. Imprisonment of 12 years and 1 day to 20 years and fine ranging from 300k-400k if the
quantities of dangerous drugs are less than 5 grams opium,morphine,heroin,cocaine,shabu
and marijuana

Eements;
1. The accused is in possession of an item or object, which is identified as a prohibited drug
or regulated drug
2. Such possession is not authorized by law
3. And the accused freely and consciously possessed the drug.

Relevant Jurisprudence

1. Can accused be convicted for illegal possession of dangerous drugs under Article II of
Republic Act No.9165 When h/she was charged with the illegal
dispensation,delivery,transportation,distribution or acting as a broker of dangerous drugs
under Article II, Section 5 of the same statute?
Yes, the crime of illegal sale of dangerous drugs necessarily includes the crime of illegal
possession of dangerous drugs. For the accused to be able to trade, administer, dispense,
 deliver, give away to another, distribute, dispatch in transit or transport any dangerous
drug, he must necessarily be in possession of said drugs.

2. Can accused be liable for illegal possession of dangerous drugs when the dangerous drugs
were found in his house and not from his body.

- Yes, the finding of illicit drugs and paraphernalia in a house or building owned or occupied
by a particular person raises the presumption of knowledge and possession thereof, which
standing alone is sufficient to convict. Possession under the law includes not only actual
possession, but also CONSTRUCTIVE POSSESSION. Constructive possession exists when he
has the right to exercise dominion and control of the accused or when he has the right to
exercise and control over the place where it is found.

Section 12- Possession of Equipment, Instrument, Apparatus, and other paraphernalia for
dangerous drugs

Elements;
1. Possession or control by the accused of any equipment, apparatus or other
paraphernalia fit or intended for smoking consuming administering injecting ingesting or
introducing any dangerous drugs into the body and
2. Such possession is not authorized by law

Relevant Jurisprudence

1. If there are traces of shabu found on a glass tube, should the person from whom
the tube was confiscated, he held liable for possession of dangerous drugs
under Section 12?
- No, such persons should only be liable for possession of drug paraphernalia under section
12 and not possession of dangerous drugs under section 11. Although a person can be held
liable for possession of dangerous drug regardless of the quantity thereof, the law could not
have intented to make mere traces of shabu on a tube punishable under section 11.

2. Can a person be indicted for both sale of dangerous drugs and possession of the
dame dangerous drugs subject of the sale?
- No, Since possession of prohibited drugs is inherent in the crime of selling them, it is to be
assumed that, in punishing selling, the legislature took into account the need to possess
them first.

Section 15 – Use of Dangerous Drugs – A person apprehended or arrested, who is found to be positive
for use of any dangerous drug, after confirmatory test, shall be imposed a penalty of a minimum of six
months rehabilitation in a government center for the first offense subject to the provision of Art. VIII of
this Act. If apprehended for the 2 nd time he shall suffer the penalty of imprisonment ranging from six
years and 1 day to 12 years and a fine ranging from 5ok to 200k Provided that : this section shall not be
applicable where the person tested is also found to have in his/her possession such quantity of any
dangerous drug provided for under section11 of this Act, in which case the provision stated shall apply.
Elements;

1. Accused was arrested or apprehended for unlawful acts listed under Art.II of R.A 9165
2. Accused was subjected to drug test
3. The confirmatory test shows that he used a dangerous drug

Relevant Jurisprudence
1. Can a person who was arrested and charged for visiting a drug den be held not liable under
section 7, Article II of R.A 9165 as amended but can be convicted under section 15 of the
said law?
- Yes, true, the drug test results sufficiently proved that petitioners had used drugs some time
before their arrest. However, assuming that petitioner were, in fact at the alleged drug den
before their arrest, there was no showing how long petitioners were at the alleged drug
den, or how long the drugs had been in their system. In other words, there is no basis to
assume that petitioners used drugs at the moment immediately before arrest and thus at
the location of the arrest.
- Assuming that persons who test positive for drugs used them at the place of arrest is not
sufficient to show that they were aware of the nature of the suspected drug den before
visiting it, absent of any other circumstantial evidence.

2. Can a person be charged separately for violation of Section 11 on Illegal possession of

dangerous drugs and of Section 15 on use of dangerous drugs?
- No, it is clear that Section 5 does not apply when person charged with violation of Section
15, Art II of R.A 9165 on use of dangerous drugs, is also found to have possession of such
quantity under Section 11 of the same law. This means that appellant may not be charged
separately for violation of Section 11 on illegal possession of dangerous drugs and of Section
15 on the use of drugs since it is clear from the above that the provisions of section 11 shall
apply. Illegal possession of dangerous drugs absorbs the use of dangerous drugs.

3. A person found in possession of residue of dangerous drug was also found positive of drug
use after confirmatory test. Is he liable for possession of Dangerous drugs under Section 11
of R.A 9165?
- No, it would be more in keeping with the intent of the law to file charges under Sec.15
instead in order to rehabilitate first time offenders of drug use, provided that there is a
positive confirmatory test result as required under sec.15. the minimum penalty under the
last paragraph of Sec.11 for the possession of residue is imprisonment of 12 years and one
day while the penalty under sec.15 for the first time offenders is six months rehabilitation in
a government center. To file charges under sec.11 on the basis of residue alone would
frustrate the objective of the law to rehabilitate drug users and provide them with an
opportunity to recover for a second chance at life.
Section 21 –

Relevant Jurisprudence

1. Is the presence of the required witnesses under Section 21 of R.A 9165 as amended, during the
physical inventory and photographing of the seized items at the police station nearest to the
place of apprehension of the accused a sufficient compliance of the provisions?
- No, While the Physical inventory and photographing are allowed to be done at the nearest
police station or at the nearest office of the apprehending team, whichever is practicable in
case of warrantless seizures this does not dispense with the requirement of having the
witnesses to be “Physically present” at the time of and at or near the place of apprehension
and seizure so that they can be ready to witness the inventory and Photograpphing of the
seized drugs immediately after seizure and confiscation.

The Phrase immediately after seizure and confiscation in sec.21, (1) R.A 9165 as amended
“also means that the…xx required witnessed should already be Physically present at the
time of apprehension.

2. Does Section 21 of R.A 9165 as amended require that the National Prosecution Service NPs
representative in the Physical inventory should be a prosecutor?
-No, A representative of the NPS is anyone from the employees

3. If the requirements under section 21, RA 9165 as amended were not strictly complied by the
enforcers due to justifiable reasons, what evidence should be presented to avoid dismissal of
the complaint?
- Any Justification or explanation in cases of noncompliance with the requirements of Secrion
21 (1) RA 9165 as amended shall be clearly stated in the sworn statements/affidavits of the
apprehending seizing officers as well as the steps taken to preserve the integrity and
evidentiary value of the seized confiscated items.

If there is no Justification or explanation expressly declared in the sworn statement or

affidavits the investigating prosecutor must not immediately file the case before the court,
Instead he or she must refer the case for further preliminary investigation in order to
determine the existence of probable cause.

Chain of Custody means the duly recorded authorized movements and custody of seized
drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment
of each stage, from the time of seizure.
- Refers to the links and order in which a piece of evidence has been handled from the time of
its confiscation to its presentation in court. Establishing chain of custody of evidence os
required both civil and criminal cases
 Purpose of chain of Custody, the dangerous drug itself constitutes the very corpus delicti of
the offense in drug cases and to sustain a conviction its identity and integrity must be shown
to have been preserved.

RA 10175, Cybercrime Prevention Act of 2012

DOJ OFFICE OF CYBERCRIME

- Designated as the Central Authority in all matters relating to international mutual assistance and
extradition, as far as cybercrime in concern.
- Acts as a Competent Authority for all requests for assistance for investigation or proceeding
concerning cybercrimes, facilitate the provisions of legal or technical advice, preservation and
production of data collection of evidence, giving legal information and location of suspects.
- Builds and upskills the capacity of all criminal justice sector players with regard to cybercrime
enforcement and prosecution.

- Facilitate International cooperation with other law enforcement agencies on intelligence,

investigations, training and capacity-building related to cybercrime prevention, suppression and
prosecution. R.A 10175 IRR, Sec.28 (g)

R.A 8972 (Electronic Commerce act of 2000)

Sec.33 (a) Hacking or cracking with refers to unauthorized access into or interference in a computer
system/server or information and communication system, or any access in order to corrupt, alter, Steal,
destroy, using a computer or other similar information and communication devices, without the
knowledge and consent of the owner of the computer or information and communications system,
including the Introduction of Computer viruses, and the like, resulting in the corruption, destruction,
alteration theft or loss of electronic data messages or electronic documents.

PENALTY

- Imprisonment of six (6) months to three years, Minimum fine of One Hundred Thousand pesos
and a maximum commensurate to the damage incurred

FIRST CONVICTION

September 2005

Governmental portal “gov.ph” and other government websites, Sentenced to 1 to 2 years of

imprisonment and fined in the amount of Php.100,000.00

SECOND CONVICTION
May 2006, Computer system of a credit card company and purchased goods online, Sentenced to 1-2
years of imprisonment and fined in the amount of Php.100,00.00

Council of Europe, Drafted and pushed for the adoption of the First International Convention on
Cybercrime.

LEGAL FRAMEWORK : Budapest Convention on Cybercrime

RA 10175, Cybercrime Prevention Act of 2012

The first place of legislation comprehensively dealing with cybercrimes in the Philippines.

Divided into 31 sections Split across 8 chapters

CIA are the 3 pillars of Computer, any communication generated from ICT

Confidentiality – we maintain the privacy

Integrity – Nobody can change the password and others( Trustworthy and accurate)

Availability of Information – Accessibility

The State recognizes the need to protect and safeguard the integrity of computer, computer and
communications systems, networks, and databases and the confidentiality, integrity and availability of
information and data stored therein, from all forms of misuse, abuse and illegal access by making
punishable under the law such conduct or conducts. Section2, R.A No.10175

Disini vs. Secretary of Justice (G.R No.203335, 11 february 2014)

UNCONSTITUTIONAL PROVISIONS as declared by the supreme Court:

- Section 4 (c) (3) – Unsolicited Commercial Communications;

- Section 5 – Aiding or Abetting/attempt in the commission of Cybercrime in relation to Cyber libel
and Online Child Pornography
- Section 12- Real time Collection of Traffic Data and
- Section 19 – Restricting or Blocking Access to Computer Data

R.A 10175,
Substantive – Section 4, 5, 6, 7, 8
Procedural- section 12, Section 13, 14, 15, 16, 17, 18, 19 , 20
Cooperation- Section 22

CYBERCRIME OFFENSES
 A. (CIA) Offenses against Confidentiality, Integrity and Availability of Computed Data and
Systems
1. Illegal Access/ Interception – The offender enters into the whole or any part of a computer
system and such access entry is without right or not authorized.
Example : Any part, camera, or a person exceeded the authority that was given to her she is
liable

Key Points ;
Without right or in excess of authority or without legal justification/ court order
Enters/access – to instruct, communicate with, store data in, retrieve date from
Computer system (Whole or any part) – device or groupof interconnected or related devices witj
data processing capabilities.

2. Illegal interception – there is a transmission of computer data to or from, or within a

computer system including electromagnetic emissions from a computer system carrying
such data, such transmissions is not intended for the public, the offender intercepts such
non-public means and such Interception is without right or authority.
Example ; A is throwing a Ball at B, and B in return throws a Ball at A, they are throwing the
Ball with each other and C intercepts the communication on going of A and B. if the
communication is Intended for B and C gets it meaning C is Intercepting the communication.

Another example is National Disaster it is intended for the Public, No Interception.

Note : There can be no Interception if there is no communication on going there must be an

on going communication for the Interception to take place.

Key Points ;
Without right
Technical Means – use of electronic, mechanical, digital, devices or technology
Intercepts - to listen to, record, monitor or surveille
Non-public transmission – information is intended only for authorized recipients
Computer data, Electromagnetic Emissions or Eavesdropping

3. Data Interference – The Offender alters, damages, deletes or causes the deterioration of
computer data, electronic document or electronic data messages, including the introduction
or transmission of viruses, Such act was done without right or authority and such alteration,
damage, deletion or deterioration is intentional or reckless.

Example : U gain access and u change your grades (Anonymous)

Key Points : Without right, with intent or through recklessness, Alters, Damages, Deletes or Deteriorates,
Computer data, electronic document, electronic data message, Introduction or transmission of viruses.
 4. System Interference – the offender alters or recklessly hinders of interferes with the
functioning of a computer or computer network by :
Inputting, Altering, Suppressing, Transmitting, Deteriorating, Deleting, Damaging
Computer data or program, electronic document, or data message, including the
introduction or transmission of viruses, and such alteration, hindering, interference is
without right.

Example
; U input ur grades in the bar exam, and Trojan wooden horse.

5. Misuse of device- the use, production, sale, procurement, importation, distribution or

otherwise making available, without right of , A device including a computer program,or A
computer Password, access code, or similar data by which the whole or any part of a
computer system is capable of being accessed.
- For the purpose of committing any of the offenses under R.A 10175,
MISUSE OF DEVICE
The Possession of :
1. A device including a computer program,
2. A computer password, access, code similar data by which the whole or any part of a
computer system is capable of being accessed
For the purpose of committing any of the offenses under RA 10175

KEY POINTS : Without right, With Intent to use in the commission of any of the CPA offenses

Use, sells, Produces, procures, Imports, Distributes or Makes Available or

Possesses – DEVICE, COMPUTER PROGRAM, PASSWORD, ACCESS CODE, SIMILAR DATA
KEY LOGGERS, EXTERNAL DEVICE

6. Cyber-squatting – The Acquisition of a domain name, over the internet in bad faith to profit,
mislead, destroy reputation and deprive others from registering the same if such domain is;
1. Similar, identical or confusingly similar to an existing trademark or registered with the
appropriate government agency at the time of the domain name registration;
2. Identical or in any way similar with the name of a person other than the registrant, in
case of a person other than the registrant in case of a personal name and
3. Acquired without right, or with intellectual property interests in it.

KEY POINTS ;
DOMAIN NAME – Normally based on who owns it, Website Name or Host Name, Name
Element of a URL (Uniform Resource Locator)
Https;//www.philippineairlines.com
Key Points ; Bad faith, Acquires a Domain Name. Similar, Identical, or confusingly similar to an existing
trademark, Similar Identical with the name of a person, without right, or with intellectual property
interest in it to profit mislead destroy reputation deprive other from registering the same

Ex. Lorenlegarda

B. Cybercrime offenses- COMPUTER RELATED OFFENSES

1. Computer Related Forgery- the Input, alteration or deletion of any computer data without right
resulting in an authentic data with the intent that it can be considered or acted upon for lrgal
purposes as if it were authentic, regardless, whether or not the data is directly readable and
intelligible.
The act of knowingly using computer data which is the product of computer-related forgery as
defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

Key Points;
A. Without right, inputs, alters, deletes, computer data
Inauthentic Data Whether directly readable or intelligible
With the intent that it be acted upon for a Legal as in Authentic

B. Uses Knowingly or Intentionally

Computer related forged computer data
To perpetuate fraud

Example ; you destroy the property, fake electronic documents and you make it appear
authentic.

2. Computer- Related Fraud – the offender, without Authority to do so, and with fraudulent intent,
either; Inputs, alters, deletes, computer data or program or Interferes with the functioning of a
computer system and Such act may result in damage to another

Key Points ; Without Right, Inputs, alters, deletes, computer data or program or interferes in the
functioning of a computer system which or may not result in DAMAGE to another.
Example ; Land bank, Bogus Inheritance format, fake amount and fake news, Asks for response
PHISHING, email..

3. Computer Related theft – the offender, intentionally acquires, uses, misuses, transfers,
possesses, alters, deletes, identifying information belonging to another and Done without right
or consent from the person to whom the personal information belongs. Which may or may not
result in damage such act or may result or may not result in damage to another.

Key Points ; Indentifying Information, any data that could potentially identify a specific individual
and distinguish him from another.
 Non Sensitive- gathered from public records, phonebooks, directories and websites
Sensitive- Medicial Information, Person Identification Financial Information (PIFI)

C. Content Related Offenses

1. Cybersex – Willful engagement, maintenance, control, or operation, directly or indirectly

of any lascivious exhibition of sexual activity;
The act was done with the aid of a computer system and the act was done for favor or
consideration.

- Business that they engaged in

Disini Vs. Secretary of Justice

‘’Cybersex is Interactive Prostitution by webcam’’

- Applies only to persons engaged in the Business of maintaining, controlling, or operating directly
or indirectly, the exhibition of sexual organs or sexual activity with the aid of a computer system.

2. Child Pornography – Commission of any of the punishable acts under R.A No.9775 or
The Anti-Child Pornography Act f 2009; and Through a computer system.

3. Cyberlibel – Commission of libel by means writing, printing, lithography, engraving,

radio, phonograph, painting theatrical exhibition cinematographic exhibition or any
similar means and

By, Through and with the use of information and communications technology.

Cyberlibel is not a new crime since Art.353 in relation to Art.355 of the RPC already
punishes it. In effect Sec.4 (c) 4 merely affirms that online defamation constitutes
“similar means” for committing libel.
Only the author, of the libelous statement or article is penalized.

Sec.5 of R.A No.10175 Provides – other offenses

a. Aiding or abetting in the Commission OR Cybercrime – any person who willfully

abets or aids in the commission of any of the offenses enumerated in this Act shall
be held liable.
 b. Attempt in the commission of cybercrime – Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable.

- Sec.5 in relation to cyberlibel and online child pornography IS NOT PERMITTED.

Sec.6 of R.A No. 10175 provides – All crimes defined and penalized by the Revised Penal Code,
as amended and special laws, if committed by, through and with the use of information and
Communications technologies shall be covered by the relevant provisions of this Act; Provided,
That the penalty to be imposed shall be one, (1) degree higher that that provided for by the
Revised Penal Code, as amended and special laws and the case may be.

Sec.7 of R.A No.10175 – Liability Under Other Laws , provides a prosecution under this Act shall
be without prejudice to any liability for violation of any provision of the Revised Penal Code as
amended or special laws.

‘’ Sec.7 merely expresses the settled doctrine that a single set of acts may be prosecuted and
penalized simultaneously under two laws, a special and the Revised Penal code. When two
different laws define two crimes, prior jeopardy, as to one does not bar prosecution of the other
although both offenses arise from the same fact, if each crime involves the same important act
which is not an essential element of the other, with the exception of the crimes of online libel
and online child pornography.

Sec.9 IRR of R.A No.10175 – Law enforcement Authorities

NBI and PNP

- Responsible for the efficient and effective enforcement of the Law, Organize a cybercrime unit
to handle violations of the law manned by special investigators.
 ANTI- TRAFFICKING IN PERSONS ACT OF 2002 R.A 9208 AS AMENDED BY R.A 10364

What is Human Trafficking – the act of Recruitment, obtaining, hiring, providing, offering, transportation,
transfer, maintaining, harboring, or receipt of persons with or without victims consent or knowledge,
within or across national borders, by means of threat, or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs.

Take note: With or Without the victims consent or knowledge, within or across national borders.

3 ELEMENTS OF THE CRIME

- Acts, Means, Exploitative Purpose

3 ELEMENTS of TIP
What do human How they do it? Why they do it?
traffickers do? MEANS Purpose
ACTS
Recruit - NON- -Sexual
VIOLENT Exploitaion
MEANS
Transport FRAUD Prostitution
transfer DECEPTION Pornography
Harbor ABUSE OF Sex tourism
POSITION OF
VULNERABILITY
Receive GIVING OR LABOR
RECEIVING EXPLOITAION
PAYMENTS OR
BENEFITS
Obtain Forced Labor
Hire VIOLENT MEANS Slavery
 THREAT
Provide FORCE Debt Bondage
offer OTHER FORMS Involuntary
OF COERCION, servitude
ABDUCTION
Maintain
Organ
Exploitaion

Removal or sale
of organ.

Trafficking of Children – the recruitment, transportation, transfer, harboring, adoption

or receipt of a child for the purpose of exploitation or when the adoption is induced by
any form of consideration for exploitative purposes shall also be considered as
trafficking in persons even if it does not involve any of the means set forth in the Law.

TIP in the Pretext of Domestic and Overseas Employment

SEC. 4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:

"(a) To recruit, obtain, hire, provide, offer, transport, transfer, maintain, harbor, or
receive a person by any means, including those done under the pretext of domestic or
overseas employment or training or apprenticeship, for the purpose of prostitution,
pornography, or sexual exploitation;

- The real purpose is prostitution pornography or sexual exploitation.

TIP in the Pretext of Adoption

- To adopt by any form of consideration or facilitate the same
- For exploitative purpose of for prostitution, pornography, sexual exploitation, forced
labor, slavery involuntary servitude or debt bondage.

TIP in Prostitution and Pornography

- To maintain or hire a person
- For prostitution
 TIP Involving Sex tourism
- To undertake or organize tours and package
- For the purposes of utilizing and offering persons or prostitution, pornography or sexual
exploitation

TIP in armed conflict

- To hire, recruit, adopt, transfer, transport, obtain, maintain, provide, abducts, receive a
child.
- For the purpose engaging the child to armed activities in the Philippines or abroad.

TIP in the pretext of Mail-order spouse Scheme

- To introduce or match any person to a foreign national under the pretext of marriage
- For money profit or material economic and other consideration
The real purpose is to acquire, buy, offer, sell or trade him/her to engage in prostitution
pornography sexual exploitation forced labor slavery involuntary servitude or debt bondage

Sec.6 – Qualified Trafficking

Section 23. A new Section 26-A is hereby inserted into Republic Act No. 9208, to read as
follows:
"SEC. 26-A. Extra-Territorial Jurisdiction. – The State shall exercise jurisdiction over any act
defined and penalized under this Act, even if committed outside the Philippines and whether or
not such act or acts constitute an offense at the place of commission, the crime being a
continuing offense, having been commenced in the Philippines and other elements having been
committed in another country, if the suspect or accused:
"(a) Is a Filipino citizen; or
"(b) Is a permanent resident of the Philippines; or
"(c) Has committed the act against a citizen of the Philippines.
"No prosecution may be commenced against a person under this section if a foreign
government, in accordance with jurisdiction recognized by the Philippines, has prosecuted or is
prosecuting such person for the conduct constituting such offense, except upon the approval of
the Secretary of Justice.
"The government may surrender or extradite persons accused of trafficking in the Philippines to
the appropriate international court if any, or to another State pursuant to the applicable
extradition laws and treaties."

R.A 9334 JUVENILE JUSTICE AND WELFARE ACT OF 2006 AS AMENDED BY R.A 10630

State Policy- Protect the best Interest of a child; Right to proper care, Right of CICL, Applies
Art.40, UN-CRC and Principle of Restorative Justice.
Who is a child? Sec.4 (C), R.A 9344 – A child is a person under the age of 18 years.
Who is a child in conflict with the law? – Sec.4 (e) refers to a child who is alleged as, accused of,
or adjudged as, having committed an offense under Philippine laws.
AGE OR CRIMINAL RESPONSIBILITY
Under Sec.6, R.A 9344 – 15 years old or under the time of the commission of the offense
Under R.A 10630 – A child is 15 years if age on the day of his or her 15 th birthdate.
15 y/o or under at the time of the commission of the offense;
- EXEMPTED From criminal liability
- NOT EXEMPT from civil liability borne by parents/Child.

Jurisprudence 1 – Although there is a crime committed, no criminal liability attaches. In

Section 6 of R.A 9344 exempts a child below 15 from criminal liability if at the time of
the commission of the crime he is below 15 years of age. Upon, assessment, the
offender will be released to the custody of his parents or be referred to intervention
program.
Jurisprudence 2 – the supreme court emphasized “that the last par. Of Section 7, provides that
any doubt on the age of the child must resolved in his favour. In other words, the testimony
that the petitioner is 15 years old when the crime took place should be read to mean that he
was not more than years old as this is more favourable.
Defense has burden to show by evidence that petitioner was 15 or below at the time of the
commission of the offense, testimonial evidence, competent evidence. Failure of the
prosecution to object to testimonial evidence re; age, accused exempted from incurring
criminal liability, Sierra v. People July 03,2009
Jurisprudence 3
Accused appellant claims that since he has a mental age of 9 years old, he should be exempt
from criminal liability although his chronological age at the time of the commission of the crime
was already 18 years old.
Jurisprudence 4
In determining age for purposes of exemption from crim. Liability, Section 6 clearly refers to the
age as determined by the anniversary of one’s birthdate, and NOT the mental age as argued by
accused-appellant. When the law is clear and free from any doubt or ambiguity, there is no
room for construction or interpretation. Only when the law is ambiguous or of doubtful
meaning may the court interpret or construe its true intent.
Intervention Defined (Sec.4, (L), R.A 9334)
Series of activities designed to address issues that caused the child to commit an offense.
Form of an Individualized treatment program, may include counseling, skills, training,
education and other activities that will enhance his/her psycho-social well being.
CHILDREN BELOW THE AGE OF CRIM. RESPONSIBILITY UNDER R.A 10630
- Authority having initial contact with the child, in consultation with the LSWDO, has the
duty to immediately release the child to his/her parents or guardian or in their absence,
nearest relative.
- The child shall be subjected to a community-based intervention program supervised by
the LSWDO

INTERVENTION UNDER R.A 10630

- The child shall be subjected to a community based intervention program, supervised by
the LSWDO unless the best interest of the child requires the referral of the child to a
youth care facility or ‘Bahay Pag-asa” managed by LGUs or licensed and or accredited
NGOs monitored by the DSWD.
CHILDREN 15 Y.O OR BELOW WHO COMMIT AN OFFENSE?
If parents/guardians/nearest relatives cannot be located refuse to take custody the child
a. A duly registered NGO or religious org;
b. A barangay official or a member of the BCPC
If the LSWDO finds the child to be dependent, abandoned, neglected or abused by his/her
parents and the best interest of the child requires that he/she be placed in a youth care facility
or Bahay Pag-asa the childs parents or guardians shall execute a written authorization for the
voluntary commitment of the child.
If NO parents or guardians or if they REFUSE OR FAIL to execute the written authorization for
voluntary commitment, the proper petition for involuntary commitment shall be immediately
filed by the DSWD or the LSWDO pursuant Presidential No.603

SERIOUS CRIMES COMMITTED BY CHILDREN

Children above 12 up to 15 years of age and who commit any of the following;
Parricide, Murder, Infanticide, Kidnapping and serious illegal detention where the victim is
killed or raped, robbery with homicide or rape, destructive arson, rape, carnapping where the
driver or occupant is killed or raped, Offenses under R.A 9165, Punishable by more than twelve
12 years of imprisonment.
A CHILD WHO COMMITS SERIOUS CRIMES THROUGH EXEMPT FROM CRIMINAL
RESPONSIBILITY;
- Deemed a neglected child under Presidential Decree No.603, as amended and
- Mandatorily placed in a special facility within the youth care faculty of “Bahay-Pag-asa”
called the Intensive Juvenile Intervention and Support Sytem.

SERIOUS CRIMES COMMITTED BY CHILDREN EXEMPT FROM CRIMINAL RESPONSIBILITY

- A petition for involuntary commitment and placement under IJISC Shall be filed by the
LSWDO of the LGU where the offense was committed, or by the DSWD social worker in
the LSWDO’s absence, within 24 hours from the time of the receipt of a report on the
alleged commission of said child
- Placement under IJISC not less than 1 year.

FAQ
- What happens to children ages 12-15 who commit offenses for the second time or
oftener?
REPITITION OF OFFENSE OF CHILDREN ABOVE 12 UP TO 15
Provided, that the child was previously subjected to a community based intervention program.
- Deemed a neglected child under P.D No.603 as amended,
 - Undergo an Intensive intervention program supervised LSWDO
The child’s parents or guardians shall execute a written authorization for the voluntary
commitment of the child.
- If NO parents or guardians or if they REFUSE OR FAIL, to execute the written
authorization for voluntary commitment, the proper petition for involuntary
commitment, shall be immediately filed by the DSWD or the pursuant to P.D No.603
BAHAY PAG-ASA DEFINED
- A 24-hour child caring institution established;
- Funded and managed by LGus and Licensed and or accredited non-government
organizations
- Provides short term residential care for CICL above 15 but below 18 years of age who
are awaiting court disposition of their cases or transfer to other agencies or jurisdiction.

BAHAY PAG-ASA, FEATURES

- The Minimum age for children committed to a youth care facility or Bahay Pag-asa shall
be twelve (12) years old.
- Part of the features of a Bahay Pag-asa is an Intensive Juvenile intervention and support
enter IJISC. This will cater to children in conflict with the law in accordance with section
20, 20-A, 20-B hereof.
EXPLOITATION OF CHILDREN FOR COMMISSION OF CRIMES
- Any person, in the commission of a crime, uses takes advantage of 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.

FAQ ; Does R.A 10630 have any provision pertaining to assistance of victims of offenses
committed by children?
ASSISTANCE TO VICTIMS OF OFFENSES COMMITTED BY CHILDREN
- The victim of the offense committed by a child and the victim’s family shall be provided
the appropriate assistance and psychological intervention, by the LSWDO the DSWD
and Concerned agencies.
FAQ; Can a CICL’s age be questioned before the filing of an information or pending hearing?
DETERMINATION OF AGE ( Sec.7, of RA 9344)
- Yes, Summary proceeding for determination of age before family court can be filed by
any person contesting age of CICL,
- Family Court Shall be decide, within 24 hours upon receipt of pleading

DETERMINATION OF AGE ( Sec.7 of R.A 9344)

Question age of CICL while there is a pending case;
- A motion to determine age of the CICL is filed
- Pending hearing on the said motion proceedings on the main case suspended.

DETERMINATION OF AGE (Sec.7 of R.A 9334)

Determined from;
- Child’s birth certificate
- Baptismal certificate or
- Any other pertinent documents

DETERMINATION OF AGE Sec.7 of R.A 9344

In the absence of these documents-
- Information from the child
- Testimonies of other persons
- The physical appearance of the child and
- Other relevant evidence

In case of doubt, it shall be resolved in child’s favour

- Presumption of minority until child is proven to be 18 years or older.

JURISPRUDENCE I
- The trial court, in the absence of any document stating the age of the.. four accused
appellants or any corroborating testimony, had to reply on its own observation of the
Physical appearance of accused-appellants to estimate their age. A reading or Section7
of R.A No.9344nshows that this manner of determining accused-appellants age is also
sanctioned by law. The A-A appeared to the trial court as no younger than 24 years of
 age or in their mid 20s meaning they could not have been under 18 old when the
crime was committed. The factual finding on the trial court on the age of the four A-A
affirmed by CA must be accorded great respect even finality by this court. People V.
Diolagra

JURISPRUDENCE 2 - Important
Even if his birth cert. Was not presented at trial, Aldens minority cannot be doubted. 1, his
counter-affidavit executed in 1994 stated that he was 17 years of age. 2, the police blotter
recording his arrest mentioned that he was 17 years old at the time of his arrest, 3 defense
witness, affidavit averred that alder was minor on the date of the incident. 4, as RTCs
minutes of hearing showed, Alden was 22 years old when he testified on direct examination
in 1999, which meant that he was not over 18 years of age when he committed the crime
and 5, the eyewitness described Alden as a teenager and young looking at the time of the
Incident.
- Arizado, Monreal v.people

AGE OF CRIMINAL RESPONSIBILITY SEC.6

- Above 15 y/o but below 18 acted without discernment.
EXEMPTED from Crim.Lia but Subjected to Intervention program and Civilly liable.

Discernment - the mental capacity to understand the difference between right and wrong
and its consequences.
By taking into consideration all the facts and circumtances afforded by the records in each
case the very appearance attitude and comportment and behavior of said minor not only
before and during the commission but also after and even during trial.

Who determines Discernment?

- LSWDO - rule the initial investigation
Prosecutor - during the Manual prosec. Within 10 days from receipt of the complainant the
prosec. Shall, where respondent is a child and he is above 15 years of age but below 18 the
prosec. Shall determine whether or not the child acted with discernment. If acted with D,
The P. Shall refer the case to the concern Lupon for the diversion proceedings, conduct the
requisite proceedings if the penalty does not exceed 6 years of impri. And proceed the
Prelm.Inves. If the penalty is more than six years.

Judge- When the case is already in court.

INITIAL ASSESMETN OF DISCERNMENT BY LSWDO

Important ; No inquest in CICL not yet brought before the LSWDO for the initial
determination of discernment pursuant to Rules on Inquest with respect to CICL
- If offense is punishable by imprisonment of not more than 6 years CICL who acted with
discernment brought to the Prosec. Office for inquest proceedings shall be dismissed
without prejudice. Case referred to the barangay where the CICL resides for the diversion
proceedings.
Reminder:

Discernment under R.A 10630

-The criminal information must allege that the child acted with discernment. During the trial
is the Posecutions duty to prove that CICL acted with discernment.

Can a CICL who was convicted for an offense with a penalty of Reclu.perpetua of life
imprisonment still avail of the benefit of suspended sentence?
- yes, the above qouted provision Sec.38 makes no distinction as to the nature of the
offense committed by the child in conflict with the law. Unlike PD 603 it would not apply to
a CICL if h/she has been convicted of an offense punishable by death, reclu. Life
imprisonment.

When the law does not distinguish, we should not distinguish. Since R.A 9334 does not
distinguish between a minor who has been convicted of a capital offense and another who
has been convicted of a lesser offense, the court should also not distinguish and should
apply automatic suspension with CICL who has been found guilty of a heinous crime.

FAQ; Can a CICL who is already 18 years old at the time of his/her conviction still avail of the
benefit of a suspended sentence?
- Yes, Sec.38 of R.A 9334 provides that suspension of sentence can still be applied even if
the child CICL is already 188 years of age or more at the time of the pronouncement of hid
or her guilt, Sec40 of the same Law limits the said suspension of sentence until the said
child reaches the maximum age of 21.

If a CICL is more than 21 years old at the time of his conviction ca he she still avail of the
benefit of suspended sentence?
- Although suspension of sentence still applies even if the child in CICL is already 18 years of
age or more at the time of judgment or conviction was rendered, however such suspension
is only until the minor reaches the maximum age of 21 years old as provided under section
40 if R.A No.9344.

XXX
The promotion of the welfare of a child in conflict with the law should extend to one who
has exceeded the age limit of 21 so long as he she committed the crime when he she was
still a child. The offender shall be entitled to the right to restoration,rehabilitation, and
reintegration in accordance with the act in order that he she is given the chance to live a
normal life and become a productive member of the community.
The age of the CICL at the time of the promulgation of the judgment and conviction is not
material. What matters is that the offender committed the offense when he she was still of
tender age. And the appellant maybe confined in an agricultural camp or any other training
facility in accordance with Sec.51

FAQ- Where should a 21 year old former CICL serve his her sentence?
- Following sec.51 although he has to serve his sentence may serve it in an agricultural camp
or other training facilities to be established, maintained and supervised and controlled bu
the bureau of corrections in coordination with DSWD, In a manner consistent with the
offenders best interest.

WHO ARE CHILDREN AT RISK?

- refers to children who are Vulnerable and at risk of behaving in a way that can harm
themselves of others or Being pushed and exploited to come into CICL because of personal
family and social circumstances.

Status Offense
- Below 18 years of age are now exempt liability for Vagrancy, prosti. Mendicancy, sniffing
glue or solvents. Descriminalized under R.A 10158

- LEO immediately turns ovr child to LSWDO for counseling and treatment prevention
diversion or rehabilitation applicable.

Violations of Local ordinances - NO PENALTY, Shall be imposed on children for said

violations and they shall instead be brought to their residence or to any barangay official at
the barangay hall to be released to the custody of their parents.

RULE 84, IRR STATUS OFFENSES WHEN NOT PUNISHABLE

- In the event a child is apprehended for, or accused of committing status offenses, LEO
have the obligation to immediately release the child to the parents, without prejudice to
intervention programs conducted by LSWDO.

NO Penalty shall be imposed on children for violation of the following;

- Juvenile Status offenses such as but not limited to;
Curfew violations, truancy, Parental disobedience, Anti-smoking and Anti-drinking.
Light offenses and misdemeanors against public order ,
- Disorderly conduct, Public scandal, harassment, Drunkenness, Public Intoxication, Criminal
nuisance. Vandalism, gambling, littering. Mendicancy tresspassing public urination.
 MAGNANAKAW, Is this a prohibited Act?
1. Prohibition against labeling (Sec.60 R.A 9344)
2. Other prohibited Acts Sec.61
A. Employment threats
B. Employment of abusive coercive and punitive measures such as cursing, beating stripping
and solitary confinement.
C. Employment of degrading inhuman and cruel forms of punishment
D. Compelling the child to perform involuntary servitude in any and all forms

ALSO PROHIBITED ACTS- Violation of confidentiality proceedings Involving CICL like disclosing,
records, photos to media FAILURE TO MAINTAIN SEPARATE BLOTTER failure to adopt system of
coding to conceal material info w/c lead to childs identity.