Professional Documents
Culture Documents
Special Penal Law
Special Penal Law
Act of 2016 – the law provides that the or raped in the course of the carnapping.
unregistered vehicle engine, engine block (Sec. 3)
and chassis with the LTO shall be
considered as a carnapped vehicle, an IV. Other relevant rules
untaxed importation or coming from illegal Carnapping and homicide/murder
source and shall be confiscated in favor of Since the law used the phrase “is killed,” there
the government (Sec. 6); and, shall be no distinction between homicide and
f. Failure to register the sale, transfer, murder. It follows then that the killing, whether it
conveyance of motor vehicle engine, engine be homicide or murder, cannot be treated as a
block or chassis of a motor vehicle – the law separate offense, but should only be considered
creates a presumption that it is a carnapped to qualify the crime of carnapping.
vehicle, an untaxed imported vehicle, or a
vehicle proceeding from illegal sources Consequently, said phrase gives the
unless proven otherwise and shall be unmistakable import thereof that it refers only to
confiscated in favor of the government (Sec. the consummated felony of either murder or
8). homicide. The frustrated and attempted homicide
or murder will not qualify carnapping. (People v.
Unlawful Acts Mejia, G.R. No. 118940-41, 1997)
The following are classified as “UNLAWFUL
ACTS” under the law. However, the law does not To prove the special complex crime of carnapping
provide for their penalties. with homicide, there must be proof not only of the
a. Defacing or tampering with serial numbers of essential elements of carnapping, but also that it
motor vehicles, engine blocks and chassis was the original criminal design of the culprit and
(Sec. 14); the killing was perpetrated in the course of
b. Transfer into another name, the chassis carnapping or on the occasion thereof. The killing
number, engine number and plate number of of the victim cannot qualify the carnapping into a
a motor vehicle declared as "total wreck" or special complex crime because the carnapping
beyond economic repair by concerned was an afterthought when the victim’s death was
insurance company and/or law enforcement already fait accompli. (People v. Aquino, G.R. No.
agencies (Sec. 15); 201092, 2014)
c. Transfer of vehicle plate (Sec. 16); and,
d. Sale of second-hand spare parts taken from Unlawful taking
carnapped vehicle (Sec. 17). Unlawful taking is the taking of the motor vehicle
without the consent of the owner, or by means of
III. Aggravating circumstances resulting to
violence against or intimidation of persons, or by
denial of bail
using force upon things; it is deemed complete
Denial of bail when evidence of guilt is strong from the moment the offender gains
Bail shall be denied when the evidence of guilt is possession of the thing, even if he has no
strong against any person charged with opportunity to dispose of the same.
carnapping or when the crime of carnapping is
committed: When one takes the motor vehicle of another
a. by criminal groups, gangs or syndicates; without the latter’s consent even if the motor
b. by means of violence or intimidation of any vehicle is later returned, there is theft, there
person or persons; being intent to gain as the use of the thing
c. by means of forced upon things; unlawfully taken constitutes gain. (People v.
d. when the owner, driver, passenger, or Bustinera, G.R. No. 148233, 2004)
occupant of the carnapped vehicle is killed
4. Load, carry, ship or move from one place to II. Prima facie evidence of punishable acts
another, whether by land, air or sea, any Prima facie evidence of illegal use of
electrical power transmission line/material, electricity
whether or not the act is done for profit or
gain, without first securing a The presence any of the following circumstances
clearance/permit for the said purpose from shall constitute prima facie evidence of illegal use
its owner or the National Power Corporation of electricity by the person benefitted thereby:
(NPC) or its regional office concerned, as the
case maybe. a. The presence of a bored hole on the glass
cover of the electric meter, or at the back or
For purposes of this section, “electrical power any other part of said meter;
transmission line/material” refers to electric
power transmission steel towers, b. The presence inside the electric meter of
woodpoles, cables, wires, insulators, line salt, sugar and other elements that could
hardwares, electrical conductors and other result in the inaccurate registration of the
related items with a minimum voltage of meter’s internal parts to prevent its accurate
sixty-nine kilovolts (69 kv), such as the registration of consumption of electricity;
following:
c. The existence of any wiring connection
(1) Steel transmission line towers made which affects the normal operation or
of galvanized steel angular members registration of the electric meter;
and plates or creosoted and/or
d. The presence of a tampered, broken, or fake
tannelized woodpoles/concrete poles
seal on the meter, or mutilated, altered, or
and designed to carry and support the
conductors;
tampered meter recording chart or graph, or The above-mentioned circumstances shall be the
computerized chart, graph or log; basis for:
e. The presence in any part of the building or a. the immediate disconnection by the electric
its premises which is subject to the control of utility to such person after due notice;
the consumer or on the electric meter, of a
current reversing transformer, jumper, b. the holding of a preliminary investigation by
shorting and/or shunting wire, and/or loop the prosecutor and the subsequent filing in
connection or any other similar device; court of the pertinent information; and
f. The mutilation, alteration, reconnection, c. the lifting of any temporary restraining order
disconnection, bypassing or tampering of or injunction which may have been issued
instruments, transformers, and accessories; against a private electric utility or rural
electric cooperative. (Sec. 4 (a))
g. The destruction of, or attempt to destroy, any
integral accessory of the metering device Prima facie evidence of theft of electric power
box which encases an electric meter, or its transmission linen and materials
metering accessories; and
The possession, control or custody of electric
h. The acceptance of money and/or other power transmission line/material by any person,
valuable consideration by any officer or natural or juridical, not engaged in the
employee of the electric utility concerned or transformation, transmission or distribution of
the making of such an offer to any such electric power, or in the manufacture of such
officer or employee for not reporting the electric power transmission line/material shall be
presence of any of the circumstances prima facie evidence that such line/material is
enumerated above-items. the fruit of the theft of electric power transmission
linen and materials and therefore such
Note: The discovery of any of the foregoing line/material may be confiscated from the person
circumstances, in order to constitute prima in possession, control or custody thereof. (Sec. 4
facie evidence, must be personally witnessed (b))
and attested to by an officer of the law or a
duly authorized representative of the Energy III. Disconnection of electric service
Regulatory Board (ERB). Rules on disconnection of electric service
We hold the view, however, that the inclusion of a. The private electric utility or rural electric
the phrase ‘by the consumer concerned’ in cooperative concerned shall have the right
the IRR is invalid because it is in excess of what and authority to disconnect immediately
the law being implemented provides. the electric service after serving a written
As RA 7832 stands, only the presence of an notice or warning to that effect, without the
authorized government agent, either an officer of need of a court or administrative order,
the law or an authorized representative of the and deny restoration of the same, when
ERB, during the MERALCO inspection would the owner of the house or establishment
allow any of the circumstances enumerated in concerned or someone acting in his behalf
Section 4 of RA 7832 to be considered prima shall have been caught en flagrante delicto
facie evidence of illegal use of electricity by the doing any of the acts enumerated in Section
benefited party. The law does not include the 4(a) hereof, or when any of the
consumer or the consumer's representative in circumstances so enumerated shall have
this enumeration. (Manila Electric Co. v. Spouses been discovered for the second time.
Chua, G.R. No. 160422, 2010)
TOPIC OUTLINE UNDER THE SYLLABUS: The discovery of any person engaging in
any of the above activities without a
III. SPECIAL PENAL LAWS lease, license or permit shall constitute
prima facie presumption that the
C. FISHERIES CODE (RA 8550, AS AMENDED person is engaged in unauthorized
BY RA 10654) fisheries activity. (Sec. 87)
1. Punishable acts (Sec. 17, RA 10654) c. Failure to secure fishing permit prior to
engaging in distant water fishing
i. To fish in the high seas, in the territorial
seas, archipelagic waters, and
C. FISHERIES CODE (RA 8550, AS
Exclusive Economic Zones of other
AMENDED BY RA 10654)
states using a Philippine flagged
I. Punishable acts fishing vessel without first securing a
fishing permit from the Department
a. Unauthorized fishing
and authorization from the coastal
i. To capture or gather or to cause the
state.
capture or gathering of fish, fry or
The discovery of any person in
fingerlings of any fishery species or
possession of a fishing gear or operating
fishery products without license or permit
a fishing vessel in the abovementioned
from the Department or LGU;
areas without a fishing permit from the
ii. Any commercial fishing vessel to fish in
Department or authorization from the
municipal waters, except in cases
coastal state shall constitute a prima
specified under this Code; and,
facie presumption that the person is in
iii. Any person not listed in the registry of
violation of this provision.
municipal fisherfolk to engage in any
commercial fishing activity in municipal
ii. An owner or operator, and the three
waters.
(3) highest officers, of a commercial
fishing vessel to commit acts that are
The discovery of any person in possession
in contravention of the terms and
of a fishing gear or operating a fishing
conditions stated in the fishing permit
vessel in a fishing area where he has no
or as may be promulgated by the
license or permit shall constitute prima
Department. (Sec. 88)
facie presumption that the person is
engaged in unauthorized fishing:
d. Unreported fishing – To engage in
Provided, That fishing for daily food
unreported fishing or to fail to comply with
sustenance or for leisure which is not for
the reportorial requirements in Section 38 of
commercial, occupation or livelihood
this Code. (Sec. 89)
purposes may be allowed. (Sec. 86)
e. Unregulated fishing – To engage in
unregulated fishing in waters within and
b. Engaging in unauthorized fisheries activities
beyond national jurisdiction. (Sec. 90)
– To exploit, occupy, produce, breed or
f. Poaching in Philippine Waters - Any foreign
culture fish, fry or fingerlings of any
person, corporation or entity to fish or
fishery species or fishery products or
operate any fishing vessel in Philippine
construct and operate fish corrals, fish
waters.
traps, fish pens and fish cages or
fishponds without a license, lease or
The entry of any foreign fishing vessel in
permit.
Philippine waters shall constitute a prima facie
presumption that the vessel is engaged in The discovery in any fishing vessel
fishing in Philippine waters. (Sec. 91) of fish caught or killed with the use
of explosives, noxious or poisonous
g. Fishing Through Explosives, Noxious or substances, or by electricity shall
Poisonous Substance, or Electricity. constitute a prima facie
i. To catch, take or gather or cause to be presumption that the fisherfolk,
caught, taken or gathered fish or any operator, boat official or fishworker is
fishery species in Philippine waters fishing with the use thereof.
with the use of explosives, noxious or ii. To possess explosives, and
poisonous substance such as sodium noxious or poisonous
cyanide, which will kill, stupefy, substances for illegal fishing.
disable or render unconscious fish or (Sec. 92)
fishery species. h. Use of fine mesh net. – To engage in fishing
using nets with mesh smaller than that which
The Department, subject to such may be determined by the Department.
safeguards and conditions deemed
necessary and with the The prohibition on the use of fine mesh
endorsement from the concerned net shall not apply to the gathering of fry,
LGUs, may allow, for research, glass eels, elvers, tabios, and alamang
educational or scientific purposes and other species that by their nature are
only, the use of poisonous or small but already mature, as identified in
noxious substances to catch, take or the implementing rules and regulations
gather fish or fishery species. by the Department.
l. Ban on muro-ami, other methods and gear ii. To fish, take, catch, gather, sell,
destructive to coral reefs and other marine purchase, possess, transport,
habitat export, forward or ship out
i. To fish with gear or method that aquatic species listed in CITES
destroys coral reefs, seagrass beds, Appendices II and III if scientific
and other fishery marine life habitat as assessments show that
may be determined by the population of the species in the
Department. wild cannot remain viable under
pressure of collection and trade.
‘Muro-ami’ and any of its
variation, and such similar gears The taking or fishing of these
and methods that require diving, species from the wild for
other physical or mechanical scientific research, or
acts to pound the coral reefs and conservation breeding
other habitat to entrap, gather or simultaneous with commercial
catch fish and other fishery breeding may be allowed.
species are also prohibited. iii. To gather, take, possess, transport, or
(Sec. 97) export, forward or ship out
captive-bred species that have
m. Illegal use of superlights or fishing light been transplanted to the wild.
attractor – To engage in fishing with the use of (Sec. 102)
superlight in municipal waters, or to fish with
fishing light attractor using candlelight power r. Capture of sabalo and other
or intensity beyond the standards set by the breeders/spawners – To catch, gather,
Department. (Sec. 98) capture or possess mature milkfish or sabalo
n. Conversion of mangroves – To convert and other breeders or spawners of other
mangroves into fishponds or for any other fishery species as may be determined by the
purpose (Sec. 99) Department.
o. Fishing during closed season (Sec. 100)
p. Fishing in marine protected areas, fishery Catching of sabalo and other breeders/spawners
reserves, refuge and sanctuaries, as declared for local breeding purposes or scientific or
by the Department or the LGUs (Sec. 101) research purposes may be allowed subject
q. Fishing or taking of rare, threatened or to guidelines that shall be promulgated by
endangered species the Department. (Sec. 103)
i. To fish or take, catch, gather, sell,
purchase, possess, transport, s. Exportation of breeders, spawners, eggs or
export, forward or ship out fry
aquatic species listed in
Appendix I of the Convention on Failure on the part of the shipping or
the International Trade in forwarding company from whose
Endangered Species of Wild possession the breeders, spawners,
Flora and Fauna (CITES), or eggs, or fry are discovered or seized to
those categorized by the fully cooperate in the investigation
International Union for conducted by concerned government
Conservation of Nature and authorities on the matter shall create a
Natural Resources (IUCN) as presumption that there is connivance or
threatened and determined by conspiracy between the company and
the Department as such. the shipper to violate the provisions of
this section. (Sec. 104)
the station commander of the Integrated National TOPIC OUTLINE UNDER THE SYLLABUS:
Police of the town/city where it is located.
Failure to secure the clearance or permit herein III. SPECIAL PENAL LAWS
required shall upon conviction be punished as a
fence. E. BOUNCING CHECKS LAW (BP 22)
1. Punishable acts; Elements (Sec. 1)
Factors that are to be considered in justifying the
presumption include: 2. Evidence of knowledge of insufficient
a. the time and place of the sale, both of which funds (Sec. 2)
may not be in accord with the usual practices
of commerce; 3. Duty of drawee (Sec. 3)
b. the nature and condition of the goods sold;
and, 4. Defenses against BP 22
c. the fact that the seller is not regularly
engaged in the business of selling goods. 5. Estafa under BP 22 vs. estafa under
(Ong v. People, G.R. No. 190475, 2013) Revised Penal Code
always be explicitly stated in the notice of d. The check was presented for payment
dishonor or refusal. beyond 180 days from maturity.
c. Notwithstanding receipt of an order to stop e. Valid cause to stop payment.
payment, the drawee shall state in the notice f. Complainant was informed by issuer
that there were no sufficient funds in or credit beforehand that the account had closed.
with such bank for the payment in full of such g. The complainant is the actual or potential
check, if such be the fact. wrongdoer or he had no more right to encash
the check for payment.
The introduction in evidence of the unpaid h. Only an oral notice or demand to pay was
and dishonored check, with drawee’s refusal given to the drawer upon dishonor of
written, printed or stamped on it, with the drawee. The law requires that the
reason therefore, shall be prima facie insufficiency of funds in or credit shall be
evidence of the making, issuance and explicitly stated in the written notice of
presentment for payment of the said check to dishonor and demand for payment.
the drawee, as well as its proper dishonor for (Domagsang v. Court of Appeals, G.R. No.
the reason written on said check. (Sec. 3) 139292, 2000)
The following are possible defenses against Distinguishing estafa through issuance of a
liability under BP 22: check under the RPC and BP 22
a. The check was issued as payment of a ESTAFA THROUGH
warranty deposit paid by an accommodating ISSUANCE OF A
BP 22
party (respondent/private complainant) as CHECK UNDER THE
required under the lease-purchase RPC
agreement. Unknown to the petitioner, the The check is issued
The check can be
Vice President of the company that concurrently and
issued even in
distributed the equipment to be bought. The reciprocally in
payment for a pre-
lease-purchase agreement did not ripen into payment, never for a
existing obligation.
a purchase but remained a lease with pre-existing obligation.
rentals. To charge the accused for the refund Damage and deceit
Damage and deceit
of a "warranty deposit" which he did not are elements of the
are immaterial.
withdraw as it was not his own account, it crime.
having remained with LS Finance, is to even Crime against public
make him pay an unjust "debt", to say the interest (Causes
Crime against
least, since petitioner (accused) did not prejudice to the
property
receive the amount in question. (Magno v. economy and banking
CA, G.R. No. 96132, 1992) system)
b. The required notice of dishonor has not been BOTH DRAWER AND ONLY THE DRAWER
given. The drawer should be given a notice INDORSER are liable. is liable.
of dishonor to give him the opportunity to Drawer has 3 days Drawer has 5 days
make good the value of the check within 5 from notice of from notice of dishonor
banking days. dishonor to make to make good the
c. The dishonor of the check was not due to good the check check
insufficiency of funds. If the reason for Malum in se Malum prohibitum
dishonor is other than insufficiency of funds,
such as failure of consideration, BP 22 is not
violated.
VI. Other relevant rules checks before the filing of the information
has already attained the purpose of the law.
Check drawn by a corporation, company or
entity
HOWEVER, payment of the value of the
Where the check is drawn by a corporation,
bounced check AFTER the filing of
company or entity, the person/s who actually
information would no longer have the effect
signed the check in behalf of such drawer shall
of exonerating the accused from possible
be liable. (Sec. 1, par. 3)
conviction for violation of BP 22.
No double jeopardy
Since from the commencement of the
One can be convicted for estafa and violating BP
criminal proceedings in court, there is no
22; no double jeopardy. It is expressly provided
circumstance to show that the accused had
under Sec. 5 of BP 22 that, “(p)rosecution under
every intention to mitigate or totally alleviate
this Act shall be without prejudice to any liability
the ill effects of his issuance of the unfunded
for violation of any provision of the RPC.” (Nierras
check, then there is no equitable and
v. Dacuycuy, G.R. Nos. 59568-76, 1990)
compelling reason to preclude his
prosecution. In such a case, the letter of the
Issuance of check as accommodation party
law should be applied to its full extent. (Lim
What the law punishes is the issuance itself of a
v. People, G.R. No. 190834, 2014)
bouncing check and not the purpose for which it
was issued or of the terms and conditions relating
2. Ninety (90) days – The maker or issuer must
to its issuance. The mere act of issuing a
maintain sufficient funds within ninety (90)
worthless check, whether merely as an
days from the date of the check to destroy
accommodation, is covered by BP 22. (Ruiz v.
the prima facie presumption of knowledge of
People, G.R. No. 160893, 2005)
insufficiency of funds under Sec. 2.
3. One hundred eighty (180) days – Failure of
Proof of dishonor for insufficiency of funds
the payee to present the check for payment
AND knowledge of such insufficiency
or deposit within one hundred eighty (180)
required
days from the date of the check will make the
To hold petitioner liable for violation of BP 22, it is
it stale and valueless, thus, no criminal
not enough that she issued the check that was
action shall arise therefrom.
subsequently dishonored for insufficiency of
funds. It must also be shown beyond reasonable
————- end of topic ————-
doubt that she knew of the insufficiency of funds
at the time the check was issued. (Vergara v.
TOPIC OUTLINE UNDER THE SYLLABUS:
People, G.R. No. 160328, 2005)
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.
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;
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)
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)
I. Definition of terms
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)
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)
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.
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
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.
TOPIC OUTLINE UNDER THE SYLLABUS: J. ANTI-HAZING ACT OF 2018 (RA 8049, AS
AMENDED BY RA 11053)
III. SPECIAL PENAL LAWS
I. Definition of terms
J. ANTI-HAZING ACT OF 2018 RA 8049, AS Hazing
AMENDED BY RA 11053
1. Any act that results in physical or
1. Definition of terms (Sec. 2) psychological suffering, harm, or injury;
Organization
disciplinary sanctions, in accordance with the The persistent and repeated proposal or
school's guidelines and regulations on the matter. invitation made to a person who had
twice refused to participate or join the
All members of the fraternity, sorority, or proposed fraternity, sorority, or
organization, who participated in the organization, shall be prima facie
unauthorized initiation rites, even if no hazing was evidence of vexation.
conducted, shall also be punished accordingly.
(Sec. 4, RA 11053) h. Owner or lessee of the place where hazing
is conducted, when he has actual knowledge
IV. Persons liable of the hazing but failed to take action to
Liable as PRINCIPALS prevent the same, OR failed to promptly
report the same if they can do so without
a. All persons who actually planned OR peril to their person or their family;
participated in the conduct of the hazing;
i. Parents if held in the home of one of the
b. All incumbent and former officers, officers or members of the fraternity, group,
nonresident members, or alumni of the or organization, when they have actual
fraternity, sorority or organization who are knowledge the hazing conducted but failed
actually present during the hazing; to take any action to prevent the same OR
failed to promptly report the same if they can
c. The adviser of the fraternity, sorority or do so without peril to their person or their
organization who is – family.
1. Present when the acts constituting the The presence of any person, even if such
hazing were committed; and person is not a member of the fraternity, sorority,
or organization, during the hazing is prima facie
2. Failed to take action to prevent the
evidence of participation therein as a principal,
same; or,
unless such person or persons prevented the
3. Failed to promptly report the same to commission of the acts punishable, or promptly
the law enforcement authorities, if such reported the same to the law enforcement
adviser or adviser or advisers can do so authorities if they can do so without peril, to their
without peril to their person or their person or their family.
family.
All forms of hazing shall be prohibited in
d. Officers or members who knowingly fraternities, sororities, and organizations in
cooperated in carrying out the hazing by schools, including citizens' military training and
inducing the victim to be present thereat; citizens' army training, including not school-
based such as community-based and other
e. Members who are present during the similar organizations.
hazing when they are intoxicated or
Liable as ACCOMPLICE
under the influence of alcohol or illegal
drugs; School authorities, barangay, municipal or city
officials shall be held liable as accomplice if:
f. Any person who shall intimidate,
threaten, force, or employ, or administer a. They have consented to the hazing; or
any form of vexation against another
person for the purpose of recruitment b. Have actual knowledge, but failed to take
in joining or promoting a particular any action to prevent the same; or,
fraternity, sorority, or organization.
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.
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.
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
Supreme Court under Section 5 (5), Article VIII of TOPIC OUTLINE UNDER THE SYLLABUS:
the Constitution.
III. SPECIAL PENAL LAWS
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)
7. Other relevant rules
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. Act promptly on letters and requests. - All indirectly, have any financial or material
public officials and employees shall, within interest in any transaction requiring the
fifteen (15) working days from receipt approval of their office.
thereof, respond to letters, telegrams or b. Outside employment and other activities
other means of communications sent by the related thereto – Public officials and
public. The reply must contain the action employees during their incumbency shall
taken on the request. not:
b. Submit annual performance reports. - All 1. Own, control, manage or accept
heads or other responsible officers of offices employment as officer, employee,
and agencies of the government and of consultant, counsel, broker, agent,
government-owned or controlled trustee or nominee in any private
corporations shall, within forty-five (45) enterprise regulated, supervised or
working days from the end of the year, licensed by their office unless expressly
render a performance report of the agency allowed by law;
or office or corporation concerned. Such 2. Engage in the private practice of their
report shall be open and available to the profession unless authorized by the
public within regular office hours. Constitution or law, provided, that such
c. Process documents and papers practice will not conflict or tend to
expeditiously. - All official papers and conflict with their official functions; or
documents must be processed and 3. Recommend any person to any position
completed within a reasonable time from the in a private enterprise which has a
preparation thereof and must contain, as far regular or pending official transaction
as practicable, not more than three (3) with their office.
signatories therein. In the absence of duly
authorized signatories, the official next-in- These prohibitions shall continue to apply
rank or officer in charge shall sign for and in for a period of one (1) year after
their behalf. resignation, retirement, or separation
d. Act immediately on the public's personal from public office, except in the case of
transactions. - All public officials and subparagraph (b) (2) above, but the
employees must attend to anyone who professional concerned cannot practice
wants to avail himself of the services of their his profession in connection with any
offices and must, at all times, act promptly matter before the office he used to be
and expeditiously. with, in which case the one-year
e. Make documents accessible to the public. - prohibition shall likewise apply.
All public documents must be made c. Disclosure and/or misuse of confidential
accessible to, and readily available for information – Public officials and employees
inspection by, the public within reasonable shall not use or divulge, confidential or
working hours. (Sec. 4) classified information officially known to
them by reason of their office and not made
available to the public, either:
IV. Prohibited acts
1. To further their private interests, or give
In addition to acts and omissions of public officials undue advantage to anyone; or
and employees now prescribed in the 2. To prejudice the public interest.
Constitution and existing laws, the following shall d. Solicitation or acceptance of gifts – Public
constitute prohibited acts and transactions of any officials and employees shall not solicit or
public official and employee and are hereby accept, directly or indirectly, any gift, gratuity,
declared to be unlawful: favor, entertainment, loan or anything of
a. Financial and material interest – Public monetary value from any person in the
officials and employees shall not, directly or course of their official duties or in connection
All public officials and employees, except those Who shall file
who serve in an honorary capacity, laborers and a. Constitutional and national elective officials,
casual or temporary workers, shall file under oath with the national office of the Ombudsman;
their Statement of Assets, Liabilities and Net b. Senators and Congressmen, with the
Worth and a Disclosure of Business Interests and Secretaries of the Senate and the House of
Financial Connections and those of their spouses Representatives, respectively; Justices, with
and unmarried children under eighteen (18) years the Clerk of Court of the Supreme Court;
of age living in their households. Judges, with the Court Administrator; and all
national executive officials with the Office of
the President.
c. Regional and local officials and employees, b. any commercial purpose other than by news
with the Deputy Ombudsman in their and communications media for
respective regions; dissemination to the general public. (Sec. 8)
d. Officers of the armed forces from the rank of
colonel or naval captain, with the Office of VI. Divestment
the President, and those below said ranks, A public official or employee shall avoid conflicts
with the Deputy Ombudsman in their of interest at all times. When a conflict of interest
respective regions; and arises, he shall resign from his position in any
e. All other public officials and employees, private business enterprise within thirty (30) days
defined in Republic Act No. 3019, as from his assumption of office and/or divest
amended, with the Civil Service himself of his shareholdings or interest within
Commission. sixty (60) days from such assumption.
b. Identification and disclosure of relatives The same rule shall apply where the public
official or employee is a partner in a
It shall be the duty of every public official or
partnership.
employee to identify and disclose, to the best of
his knowledge and information, his relatives in the
The requirement of divestment shall not apply to
Government in the form, manner and frequency
those who serve the Government in an
prescribed by the Civil Service Commission.
honorary capacity nor to laborers and casual
c. Accessibility of documents or temporary workers. (Sec. 9)
a. Any and all statements filed under this Act, VII. Other relevant rules
shall be made available for inspection at To warrant dismissal from the service, the
reasonable hours. misconduct must be grave, serious, important,
b. Such statements shall be made available for weighty, momentous, and not trifling. The
copying or reproduction after ten (10) misconduct must imply wrongful intention and not
working days from the time they are filed as a mere error of judgment. Corruption as an
required by law. element of grave misconduct consists in the act
c. Any person requesting a copy of a statement of an official or employee who unlawfully or
shall be required to pay a reasonable fee to wrongfully uses her station or character to
cover the cost of reproduction and mailing of procure some benefit for herself or for another, at
such statement, as well as the cost of the expense of the rights of others. Nonetheless,
certification. "a person charged with grave misconduct may be
d. Any statement filed under this Act shall be held liable for simple misconduct if the
available to the public for a period of ten (10) misconduct does not involve any of the additional
years after receipt of the statement. After elements to qualify the misconduct as grave.
such period, the statement may be Grave misconduct necessarily includes the lesser
destroyed unless needed in an ongoing offense of simple misconduct." (GSIS v.
investigation. Mayordomo, G.R. No. 191218, 2011)
d. Prohibited acts
A gift is covered by the prohibition, so long as it
It shall be unlawful for any person to obtain or use has more than nominal monetary value. It is not
any statement filed under this Act for: necessary for the solicitation to be for a fund-
a. any purpose contrary to morals or public raising project. The mere fact that the gift
policy; or received was unsolicited cannot, by itself, suffice
to exonerate the recipient. It would only suffice to
exonerate the recipient if the unsolicited gift is
also nominal in value and not given in anticipation on criminal complaints against public officials and
of, or in exchange for, a favor. In such a situation, government employees. The rule on non-
the gift would fall outside the purview of RA 6713, interference is based on the "respect for the
which expressly provides that the term "gift" does investigatory and prosecutory powers granted by
"not include an unsolicited gift of nominal or the Constitution to the Office of the Ombudsman.
insignificant value[;] not given in anticipation of, or As an independent constitutional body, it has the
in exchange for, a favor from a public official or sole power to determine whether there is
employee. (Mabini v. Raga, A.M. No. P-06-2150, probably cause to warrant the filing of a criminal
2006) case against an accused; this function is
executive in nature. Further, the public prosecutor
Cases is not bound by the technical rules on evidence.
Dichaves v. Office of the Ombudsman, G.R. No. The executive finding of probable cause requires
206310-11, 2016 only substantial evidence, not absolute certainty
On August 26, 1999, a person opened a Savings of guilt. As the Office of the Ombudsman's
Account with the Equitable Banking Corporation conclusion is based on a belief or an opinion, the
and Equitable-PCI Bank, under a fictitious name technical rules on evidence cannot be made to
“Jose Velarde”. Aside from these, a Current apply to it. This Court finds no reason to violate
Account and Investment Management Trust the policy of non-interference in the exercise of
Account were opened as well. On February 4, the Ombudsman's constitutionally mandated
2000, a P500 million was withdrawn from the powers. The Ombudsman's ruling must be
Savings Account by former President X. Y claims respected.
ownership of the said accounts, asserting that he
used the alias “Jose Velarde” for security Office of the Ombudsman v. Regalado, G.R.
purposes. In the first complaint, Y was accused of 208481-82, 2018
direct bribery, indirect bribery, corruption of public Respondent X is an immigration officer in the
officials, and violations of PD 46. In another Davao Office of the Bureau of Immigration
complaint, Y is accused of violating RA 6713, RA wherein complainant Y was requesting for an
3019 or the Anti-Graft and Corrupt Practices Act, accreditation for admission of foreign student’s in
and plunder under RA 8080. On September 12, her preparatory school. X claims that a
2007, X was found guilty beyond reasonable processing fee of Php 50,000 was necessary plus
doubt of the crime of plunder. The honorariums for the accreditors since they will
Sandiganbayan ruled that X was the real and come from outside Mindanao. X was then found
beneficial owner of the "Jose Velarde" account. guilty by the lower courts for violating Section 7(d)
The Ombudsman commenced the preliminary of R.A. 6713 (CODE OF CONDUCT AND
investigation in 2011, and found probable cause ETHICAL STANDARDS FOR PUBLIC
to charge him with plunder in 2012. Y was OFFICIALS AND EMPLOYEES) for solicitations
indicted for conspiring with the former President of any gift, gratuity, loan or anything of monetary
in amassing ill-gotten wealth. Did the Office of the value since it was discovered that the actual
Ombudsman gravely abuse its discretion in processing fee was only Php 10,000 pesos no
finding probably cause against X to charge him of more no less. The excess amount being asked for
plunder, by incorrectly considering pieces of was admittedly for red tape or bribe purposes.
evidence allegedly not presented during the The court of appeals however, instead of
preliminary investigation? dismissing her from service, applied a mitigating
circumstances of her “good work performance”
No. As a general rule, this Court does not interfere and being a first time offender which they
with the Office of the Ombudsman's exercise of rendered a judgment of only 1 year suspension
its constitutional mandate. Both the Constitution without pay. Is X guilty for violating Article 7(d) of
and Republic Act No. 6770 (The Ombudsman Act R.A. 6713 and is it possible to lower the penalty
of 1989) give the Ombudsman wide latitude to act through a mitigating circumstance?
Yes she is guilty of violating such law M. ANTI-GRAFT AND CORRUPT PRACTICES
since she admitted that such acts of ACT (RA 3019, AS AMENDED BY RA 3047,
bribery and solicitation of money were PD 677, PD 1288, BP 195 AND RA 10910)
common and accepted practice in the
I. Definition of terms
immigration department. It was a clear
and overt violation of the law provided. It Government
was not possible to lower the penalty by
a mitigating circumstance of “good work It includes the national government, the local
performance” and as a first time offender governments, the government-owned and
because of the absence that such government-controlled corporations, and all
penalty was subject to a mitigating other instrumentalities or agencies of the
circumstance and the law is clear in Republic of the Philippines and their branches.
providing the penalty of dismissal even
Public officer
on the first offense.
It includes elective and appointive officials and
————- end of topic ————- employees, permanent or temporary, whether
in the classified or unclassified or exempt service
TOPIC OUTLINE UNDER THE SYLLABUS: receiving compensation, even nominal, from the
government as defined in the preceding
III. SPECIAL PENAL LAWS subparagraph.
b. Directly or indirectly requesting or receiving e. Causing any undue injury to any party,
any gift, present, share, percentage, or including the Government, or giving any
benefit, for himself or for any other person, in private party any unwarranted benefits,
connection with any contract or transaction advantage or preference in the discharge of
between the Government and any other part, his official administrative or judicial functions
wherein the public officer in his official through manifest partiality, evident bad faith or
capacity has to intervene under the law. gross inexcusable negligence. This provision
shall apply to officers and employees of offices
Notes: or government corporations charged with the
• Sec. 3(b) of R.A. No. 3019, refers to a grant of licenses or permits or other
public officer whose official intervention is concessions.
required by law in a contract or
transaction (Jaravata v. Sandiganbayan Notes:
G.R. L-56170, 1984) • A violation of this provision may be committed
• Lack of “demand” is immaterial since the either by dolo, as when the accused acted
provision uses the word “or” between with evident bad faith or manifest partiality, or
requesting and receiving. by culpa as when the accused acted with
• There must be a clear intention on the gross inexcusable negligence (Jaca v.
part of the public officer to take the gift so People, G.R. No. 166967, 2013)
offered and consider it as his or her own • Manifest Partiality – synonymous with "bias"
property from then on. Mere physical (Fonacier v. Sandiganbayan, G.R. No. L-
receipt is not sufficient that the crime has 50691, 1994)
been committed. (Peligrino v. People • Bad faith – imputes a dishonest purpose or
G.R. 136266, 2001) some moral obliquity and conscious doing of
• Conspiracy by silence and inaction a wrong; it partakes of the nature of fraud
occurs when the accused are all heads of (Fonacier v. Sandiganbayan, G.R. No. L-
their respective offices that perform 50691, 1994)
interdependent functions in the • Gross negligence – as negligence
processing of cash advances and, exhibit characterized by the want of even slight care,
an attitude of “buck- passing” [the acting or omitting to act in a situation where
practice of shifting the responsibility for there is a duty to act, not inadvertently but
something to someone else] in the face willfully and intentionally with a conscious
of the irregularities (Jaca v. People, G.R. indifference to consequences in so far as
No. 166967, 2013) other persons may be affected (Fonacier v.
c. Directly or indirectly requesting or receiving Sandiganbayan, G.R. No. L-50691, 1994)
any gift, present or other pecuniary or material • The inclusion of all the modes of violating
benefit, for himself or for another, from any Section 3(e) of R.A. 3019 in the charge sheet
person for whom the public officer, in any is not equivalent to charging the accused with
manner or capacity, has secured or obtained, 3 acts. The use of the three phrases
or will secure or obtain, any Government "manifest partiality," "evident bad faith" and
permit or license, in consideration for the help "gross inexcusable negligence" in the same
given or to be given, without prejudice to information does not mean that the
Section thirteen of this Act. indictment charges three distinct offenses but
only implies that the offense charged may
d. Accepting or having any member of his family have been committed through any of the
accept employment in a private enterprise modes provided by the law (Fonacier v.
which has pending official business with him Sandiganbayan, G.R. No. L-50691, 1994)
during the pendency thereof or within one year
after its termination.
b. upon the expiration of his term of office, or Public officers charged under this Act must first
upon his resignation or separation from undergo a pre-suspension hearing before being
office; suspended. A pre-suspension hearing is required
to determine the validity of the information.
c. public officers assuming office less than two However, an actual hearing is not necessary. All
months before the end of the calendar year, that is required is that the accused be given an
may file their statements in the following opportunity to be heard. (Miguel v.
months of January. Sandiganbayan, G.R. 172035, 2012)
a. In the office of the corresponding The prosecution of any offense or violation under
Department Head, or the AMLA shall proceed independently of any
proceeding relating to the unlawful activity.
b. in the case of a Head of Department or chief
(Section 6 (b), R.A. No. 10365 amending RA
of an independent office, with the Office of
9160, as amended).
the President, or
————- end of topic ————-
c. In the case of members of the Congress and
the officials and employees thereof, with the
TOPIC OUTLINE UNDER THE SYLLABUS:
Office of the Secretary of the corresponding
House (Sec. 7)
III. SPECIAL PENAL LAWS
V. Dismissal due to unexplained wealth
N. ANTI-PLUNDER ACT (RA 7080, AS
The following are prima facie evidence of and AMENDED BY RA 7659)
grounds for dismissal due to unexplained wealth
if any public official is found: 1. Definition of terms
Competent court
Sandiganbayan
Pre-suspension hearing
N. ANTI-PLUNDER ACT (RA 7080, AS damage and prejudice of the Filipino people
AMENDED BY RA 7659) and the Republic of the Philippines.
I. Definition of terms b. Combination
a. Ill-gotten wealth
It refers to at least two (2) acts falling under
It refers to any asset, property, business different categories of enumeration provided in
enterprise or material possession of any person, the definition of “ill-gotten wealth.”
acquired by him directly or indirectly through
Example: raids on the public treasury and
dummies, nominees, agents, subordinates and/or
fraudulent conveyance of assets belonging to the
business associates by any combination or
National Government (Estrada v.
series of the following means or similar
Sandiganbayan, G.R. No. 148560, 2001)
schemes:
c. Series
1. Through misappropriation, conversion,
misuse, or malversation of public funds or It refers to two (2) or more overt or criminal acts
raids on the public treasury; falling under the same category of enumeration
found in the definition of “ill-gotten wealth.”
2. By receiving, directly or indirectly, any
commission, gift, share, percentage, Example: Misappropriation, malversation and
kickbacks or any other form of pecuniary raids on the public treasury, all of which falling
benefit from any person and/or entity in under item (1) in the enumeration under the
connection with any government contract or definition of “ill-gotten wealth.” (Estrada v.
project or by reason of the office or position Sandiganbayan, G.R. No. 148560, 2001)
of the public officer concerned;
d. Pattern
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the It consists of at least a combination or series of
National Government or any of its overt or criminal acts enumerated under the
subdivisions, agencies or instrumentalities definition of “ill-gotten wealth,” directed towards
or government-owned or -controlled a common purpose or goal which is to enable
corporations and their subsidiaries; the public officer to amass, accumulate or acquire
ill-gotten wealth. There must either be an “overall
4. By obtaining, receiving or accepting directly unlawful scheme” or “conspiracy” to achieve
or indirectly any shares of stock, equity or said common goal.
any other form of interest or participation
including promise of future employment in Overall unlawful scheme
any business enterprise or undertaking;
It indicates a 'general plan of action or method'
5. By establishing agricultural, industrial or which the principal accused and public officer and
commercial monopolies or other others conniving with him follow to achieve the
combinations and/or implementation of aforesaid common goal.
decrees and orders intended to benefit
particular persons or special interests; or Absence of such overall scheme or where the
schemes or methods used by multiple accused
6. By taking undue advantage of official vary, the overt or criminal acts must form part of
position, authority, relationship, connection a conspiracy to attain a common goal. (Estrada v.
or influence to unjustly enrich himself or Sandiganbayan, G.R. No. 148560, 2001)
themselves at the expense and to the
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)
7. Other relevant rules
Prosecution, judgment and forfeiture of
property
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
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)
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
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)
————- end of topic ————-
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;
4. Other relevant rules
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)
It refers to (1) any public or private entity that a. The use, production, sale,
provides to users of its service the ability to procurement, importation, distribution,
communicate by means of a computer system or otherwise making available, without
and (2) any other entity that processes or stores right, of:
computer data on behalf of such communication
service or users of such service. • A device, including a computer
program, designed or adapted
a. There is prior affirmative consent from The Supreme Court in the case of Disini v.
the recipient; or Secretary of Justice, G.R. No. 203335,
2014) declared that this provision only
b. The primary intent of the
penalizes aiding or abetting and attempt in
communication is for service and/or
the commission of cybercrime as valid and
administrative announcements from
constitutional only in relation to:
the sender to its existing users,
subscribers or customers; or a. Illegal Access
c. The following conditions are present: b. Illegal Interception
• The commercial electronic c. Data Interference
communication contains a
d. System Interference
simple, valid, and reliable way
for the recipient to reject. e. Misuse of Devices
receipt of further commercial f. Cyber Squatting
electronic messages (opt-out)
from the same source; g. Computer- related Forgery
h. Computer- related Fraud
• The commercial electronic
communication does not i. Computer-related Identity Theft
purposely disguise the source j. Cybersex
of the electronic message; and
HOWEVER, the provision is considered
• The commercial electronic void and unconstitutional in relation to
communication does not child pornography and online libel.
purposely include misleading
information in any part of the 2. Attempt in the Commission of Cybercrime —
message in order to induce the any person who willfully attempts to commit
recipients to read the message. any of the offenses enumerated in this Act
shall be held liable.
4. Libel — the unlawful or prohibited acts of
libel as defined in Article 355 of the Revised III. Jurisdiction
Penal Code, as amended, committed
through a computer system or any other The Regional Trial Court shall have jurisdiction
similar means which may be devised in the over any violation of the provisions of this Act.
future. including any violation committed by a Filipino
national regardless of the place of
It only penalizes online libel as valid and commission.
constitutional with respect to the original author of
the post; but void and unconstitutional with Jurisdiction shall lie if any of the elements was
respect to others who simply receive the post and committed within the Philippines or committed
react to it. with the use of any computer system wholly or
b. Other offenses (Sec. 5) partly situated in the country, or when by such
commission any damage is caused to a natural or
1. Aiding or Abetting in the Commission of juridical person who, at the time the offense was
Cybercrime – any person who willfully abets committed, was in the Philippines. (Sec. 21)
or aids in the commission of any of the
offenses enumerated in this Act shall be held IV. Other relevant rules
liable. The penalty of one degree higher than that
provided for by the RPC and special laws shall be
imposed on all crimes under RPC and special
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
4. Other relevant rules
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)
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)
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
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)
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
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;
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
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.
1. Definition of terms (Sec. 3)
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.
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))
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;
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
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
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
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
TOPIC OUTLINE UNDER THE SYLLABUS: BB. SAFE SPACES ACT (RA 11313)
I. Definition of terms
III. SPECIAL PENAL LAWS
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
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;
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;
If a school knows or reasonably should know CC. DATA PRIVACY ACT (RA 10173)
about acts of gender-based sexual harassment or
I. Definition of terms
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
————- end of topic ————-
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.
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.
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
Relevant Materials for Special Penal Laws, but
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
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
I. Definition of terms
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.
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;
a. Revoke his probation, and thus make him 5. Diversion and intervention
serve the sentence originally imposed; or,
6. Other relevant rules
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;
Relevant Materials for Special Penal Laws, but
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;
1. Definition of terms (Sec. 4)
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)
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
include curfew violations; truancy, parental authority, and to a prompt decision on such
disobedience and the like. action;
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
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
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
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,
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