SPECIAL PENAL LAWS PART 2

ANTI-TRAFFICKING
Treatment of a person as a mere commercial merchandise

Consent to trafficking is IMMATERIAL!

Both natural and juridical persons may be held liable.

Is illegal recruitment and trafficking possible? Yes, PP vs Lalei, person may be convicted for both.

Trafficking - RA 9208 as amended by RA 10364:

Attempted Trafficking

PP vs Saxo, 2019

Lessor is liable because he is cleaning the room and sells condoms there. He is aware of the activities
committed in his property, charged with promoting trafficking of person.

Use of trafficked persons is liable for PC max to PM

Probation not applicable

Qualified Trafficking - list on picture MEMORIZE

Qualified trafficking and 7610, there could be separate charges but trail may be consolidated.

GEOGRAPICAL SCOPE: place of origin, of transit or destination

- Case may be filed in any of the court within the scope. PLUS, where the victim actually resides.

Extraterritorial Jurisdiction
Accused is a Filipino
Accused is a permanent resident of the Philippines
Victim is a citizen of the Philippines

NOTE: This is without regard whether the foreign place penalizes trafficking or not.

Provided there is approval of the DOJ Secretary.to prosecute in the Philippines

For foreigner violators, deported after serving sentence and will be permanently banned entry into the
Philippines.

Trafficked person shall not be penalized for direct acts committed

Retaliatory Suits will be held in abeyance pending the resolution of the criminal complaint for trafficking

ANTI-SEXUAL HARRASMENT ACT (RA 7877)

Moral ascendancy or abuse of authority
Demanding, requesting or requiring for sexual favor.

Escandor vs PP, 2020, Leonen

Element which distinguishes sexual harassment from other chastity related acts are: ……

As distinguished from Safe Spaces Act - the gravamen is the act of sexually harassing a person on the
basis of his or her sexual orientation, etc.

Is it sufficient that the act created an intimidating, hostile or offensive environment for the victim? YES.

Principal by inducement is also liable.

7610 and Sexual Harassment may be both filed if victim is a minor, note that these have different
penalty and different offense with different elements. Thus, double jeopardy will not set in.

IMPRISONMENT CANNOT BE SERVED SIMULTANEOUSLY BUT SUCCESSIVELY

ANTI-CHILD PORNOGRAPHY ACT - RA 9775 - Malum in se

WHO IS A CHILD:
1. below 18
2. Above 18
3. Person regardless of age depicted presented or portrayed as a child
4. Computer-generate, digitally or manually crafted images or graphics of a person who is represented
to appear to be a child. WOAH!

Child Pornography - any representation thru visual. Audio or written combination thereof by electronic,
mechanical, digital, optical, magnetic or any other means of a child engaged or involved in real or
simulated explicit sexual activities.

Offender cannot be prosecuted for both cyber child pornography under RA 10175 and child pornography
because it will constitute double jeopardy.

Live Child Pornography

- Liable under Anti-Trafficking, because live is not a representation,

WHO ARE LIABLE:

Producer, Inducer, Publisher, Distributor and the possessor with intent to sell the materials of child
pornography.

NOTE: Possession of at least 3 materials is a presumption of intent to sell.

Syndicated Child Pornography - committed or orchestrated by at least three persons.

PHOTO OR VIDEO VOYEURISM ACT

Definition -

TWO KIND OF CONSENT:

Consent to the capturing
Consent to the exhibition or sale, etc.

What is both kind of consent are secured, can a person may still be prosecuted? Yes, under RPC, indecent
show.

Relate with reasonable privacy rule.

Note: If the non-consenting party is a woman who is or was in a relationship with the offender, file the
case of RA 9262 because the penalty is higher. This is a case of psychological abuse under RA 9262.

Exempted from liability is a peace officer authorized by written order by the court to use the record
as evidence in civil or criminal investigation or trial of the crime of photo or video voyeurism.

SAFE SPACES ACT - POSSIBLE BAR QUESTION BECAUSE THIS IS NEW

MOTIVE IS IMMATERIAL

ELEMENTS:
a) Act of harassment is gender-based
b) The sexual harassment is unwanted or it threatens one’s personal space and physical safety

Locus:
Public place
Private place but open to the public

Gender based sexual harassment in a workplace under RA 11313

CARNAPPING

Elements:

1. There is an actual taking of the vehicle

2. Offender intends to gain from the taking of the vehicle( intent is presumed upon the taking; gain is
not necessarily pecuniary, it could be personal satisfaction)
3. Vehicle belongs to a person other than the offender
4. Taking is without consent of the owner; or taking was committed by means of violence against or
intimidation of persons, or by using force upon things.

Even accused is only In possession of some of the parts like tires, still liable for carnapping.
Possession or dealing with a carnapped vehicle may be held liable under Anti-Fencing Law
ANTI0ELECTRICITY AND ELECTRIC TRANSMISSION/MATERIAL PILFERAGE RA 7832

Illegal use of electricity

Theft of Electric Power Transmission Lines and Materials

Intent to gain not an element

Electric Power Transmission Line/Material - refers to electric power transmission steel towers, wood
poles, cables, wires, insulators, line hardware, electrical conductors and other related items with a
minimum voltage of 69 kilo volts.

FISHERIES CODE

ANTI-FENCING LAW