Special Laws
Republic Act No. 7659
Heinous Crimes Act
What are HEINOUS CRIMES?
Heinous crimes are grievous, odious and hateful offenses,
which by reason of their inherent or manifest wickedness, viciousness
atrocity and perversity are repugnant and outrageous to the common
standards and norms of decency and morality in a just, civilized and
ordered society.
What are the HEINOUS CRIMES?
The heinous crimes are:
1) Treason;
2) Qualified Piracy/Mutiny
3) Qualified Bribery
4) Parricide
5) Murder
6) Infanticide
7) Kidnapping and Serious Illegal Detention
8) Robbery with Homicide
9) Robbery with Rape
10) Robbery with Intentional Mutilation
11) Robbery with Arson
12) Destructive Arson
13) Rape committed by two or more persons
14) Rape committed with the use of deadly weapon
15) Rape with Homicide or attempted Rape with Homicide
16. Rape attended by any of the following circumstances:
a) The victim thereby became insane;
b) The victim is less than 18 years old and the offender is an
ascendant, a step-parent, guardian, relative by consanguinity or affinity
within the 3rd civil degree, or the common law spouse of the victim’s
parent;
c) The victim is under custody of police or military authorities;
d) The victim is a religious or a child less than 7 years old;
e) The rape was committed in full view of the husband, parent, children
or relative within the 3rd civil degree of consanguinity;
f) The offender is afflicted with AIDS and is aware of it;
g) The offender is a member of the AFP or PNP or any law
enforcement agency; or
h) The victim thereby suffered permanent physical mutilation.
17. Plunder
18. Violations of the Dangerous Drugs Act of 1972 as amended when
the quantity of drugs involved in the violation is equal to or more than
that provided under Section 20
19. Carnapping where the owner, driver or occupant of the carnapped
motor vehicle is killed or raped in the course of the commission of
carnapping or on the occasion thereof.
Republic Act No. 7080
(Anti-Plunder Law)
What is PLUNDER?
Plunder is the crime committed by “any PUBLIC OFFICER who by
himself or in connivance with members of his family, relative by
consanguinity, business associates, subordinate or other persons
amasses, accumulates or acquires ill-gotten wealth through a
COMBINATION or SERIES of overt or criminal acts in the aggregate
amount or total value of at least P50, 000,000.00 (as amended by R.A.
No. 7659).
Who is a PUBLIC OFFICER under R.A. No. 7080?
Any person holding any PUBLIC OFFICE in the Government of the
Republic of the Philippines by virtue of
(a) an appointment;
(b) election; or
(c) contract
Government of the Republic of the Philippines includes:
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 The National Government, and
 Any of its subdivisions, agencies or instrumentalities,
including GOCCs and their subsidiaries.
Who is a PERSON as defined under R.A. No. 7080?
“PERSON” includes any NATURAL or JURIDICAL person.
NATURAL PERSON – a human being
JURIDICAL PERSON – organizations, or entities recognized by law as
a person such as LGUs, Registered Corporations and Partnerships.
What is an ILL-GOTTEN WEALTH?
ILL-GOTTEN WEALTH means any asset, property, business,
enterprise or material possession of any person, acquired by him
directly or indirectly through dummies, nominees, agents, subordinates
and/or business associates.
What are the means of acquiring ILL-GOTTEN WEALTH
(Overt or Criminal Acts)?
ILL-GOTTEN WEALTH can be acquired through the following means
and similar schemes:
a) Misappropriation, conversion, misuse or malversation or public funds
or raids on the public treasury;
b) Receiving, directly or indirectly, any commission, gift, share,
percentage, kickbacks or any other form of pecuniary benefit from any
person and/or entity in connection with any government contract or
project or by reason of the office or position of the public officer
concerned;
c) Illegal or fraudulent conveyance or disposition of assets belonging to
the Government;
d) Obtaining, receiving or accepting directly or indirectly any share of
stock, equity or any other form of interest or participation including the
promise of future employment in any business enterprise or
undertaking;
e) Establishing agricultural, industrial or commercial monopolies or
other combinations and/or implementation of decrees and orders
intended to benefit particular persons or special interests; or
f) By taking undue advantage of official position, authority, relationship,
connection or influence to unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the Filipino people and
the R.P.
What COURT has the JURISDICTION to hear and try
PLUNDER CASES?
All PLUNDER CASES are within the original jurisdiction of
the SANDIGANBAYAN.
What is the PRESCRIPTIVE PERIOD of the crime of PLUNDER?
A plunder case prescribes in 20 years. However, the right of the State
to recover properties unlawfully acquired by public officers from them or
from their nominees or transferees is not barred by prescription, laches,
or estoppel (does not prescribe)
Amendments to R.A. 7080 Introduced by R.A. 7659
What amendments did R.A. 7659 introduce to R.A. 7080?
R.A. 7659…
 AMOUNT - Lowered the amount from at least P75 million
(R.A. 7080) to at least P50 million.
 IMPOSABLE PENALTY - Changed the imposable penalty of
life imprisonment with reclusion perpetua to death.
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 and any other party, wherein the public officer in his official capacity
QUERY: Will the acquisition or accumulation of ill-gotten wealth by a has to intervene under the law.
public official totaling to at least 50 million pesos made through a single
act constitute plunder? 3) Directly or indirectly requesting or receiving any gift, present or other
pecuniary or material benefit, for himself or for another, from any
Suggested Answer: person for whom the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any Government permit or
This has not been decided. In our opinion, however, a single act does license, in consideration for the help given or to be given.
not constitute plunder because the Anti-Plunder Law provides that the
acquisition of ill-gotten wealth by a public official must be made through 4) Accepting or having any member of his family accept employment in
a COMBINATION or SERIES of acts. a private enterprise which has pending official business with him during
the pendency thereof or within one year after its termination.
Republic Act No. 9160
Anti-Money Laundering Act of 2001 5) Causing any undue injury to any party, including the Government, or
giving any private party any unwarranted benefits, advantage or
What is MONEY LAUNDERING? preference in the discharge of his official, administrative or judicial
functions through manifest partiality, evident bad faith or gross
Money laundering is a crime whereby the inexcusable negligence.
proceeds of an UNLAWFUL ACTIVITY are transacted; thereby making
them appear to have originated from legitimate sources. 6) Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on any matter
What constitutes an UNLAWFUL ACTIVITY? pending before him for the purpose of obtaining directly or indirectly,
Sec. 3 (i) states that unlawful activity refers to any act or omission or from any person interested in the matter some pecuniary or material
series or combination thereof involving or having relation to the benefit or advantage, or for purpose or favoring his own interest or
following: giving undue advantage in favor of or discriminating against any other
1) Kidnapping for ransom; interested party.
2) Plunder;
3) Robbery and Extortion; 7) Entering on behalf of the Government, into any contract or
4) Jueteng and Masiao punished as illegal gambling under P.D. 1602; transaction manifestly and grossly disadvantageous to the same,
5) Piracy; whether or not the public officer profited or will profit thereby.
6) Qualified Theft;
7) Swindling or Estafa; 8) Directly or indirectly having financial or pecuniary interest in any
8) Smuggling; business, contract or transaction in connection with which he
9) Hijacking; and intervenes or takes part in his official capacity, or in which he is
10) many others. prohibited by the Constitution or by any law from having any interest.

MONEY LAUNDERING is committed by the following:
a. Any person knowing that any monetary instrument or
property represents, involves, or relates to, the proceeds of
any unlawful activity, transacts or attempts to transact said
monetary instrument or property;
9) Directly or indirectly becoming interested, for personal gain, or
having a material interest in any transaction or act requiring the
approval of a board, panel or group of which he is a member, and
which exercises discretion in such approval, even if he votes against
the same or does not participate in the action of the board, committee,
panel or group.

b. Any person knowing that any monetary instrument or 10) Knowingly approving or granting any license, permit, privilege or
property represents or involves the proceeds of any unlawful benefit in favor of any person not qualified for or not legally entitled to
activity, performs or fails to perform any act as a result of such license, permit, privilege or advantage, or of a mere
which he facilitates the offense of money laundering; representative or dummy of one who is not so qualified or entitled.

c. Any person knowing that any monetary instrument or 11) Divulging valuable information of a confidential character, acquired
property is required under this Act to be disclosed and filed by his office or by him on account of his official position to unauthorized
with the Anti-Money laundering Council (AMLC), fails to do persons, or releasing such information in advance of its authorized
so. release date.

Jurisdiction Over Money Laundering Cases Is a Christmas or birthday gift received by a public officer considered a
REGIONAL TRIAL COURT (RTC): corrupt practice?

If the accused is a PRIVATE PERSON. ANSWER:

SANDIGANBAYAN: No if the gift was –

When committed by PUBLIC OFFICERS and PRIVATE PERSONS in (a) unsolicited (given by the giver voluntarily and not demanded by the
conspiracy with such public officers. public officer), and

Republic Act No. 3019 (b) of small or insignificant value, and

Anti-Graft and Corrupt Practices Act
What are the CORRUPT PRACTICES of a
PUBLIC OFFICER?
1) Persuading, inducing or influencing another public officer to
perform an act constituting a violation of rules and regulations duly
promulgated by competent authority or an offense in connection with
the official duties of the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation or offense.
2) Directly or indirectly requesting or receiving any gift, present,
share, percentage, or benefit for himself or for any other person, in
connection with any contract or transaction between the Government
(C) was given as a mere token of gratitude or friendship according to
local customs or usage (Sec. 14).
Prohibition on PRIVATE INDIVIDUALS:
1) It is unlawful for ANY PERSON having family or close personal
relation with any public official to capitalize or exploit or take advantage
of such family or close personal relation by directly or indirectly
requesting or receiving any present, gift or material or pecuniary
advantage from any other person having some business, transaction,
application, request or contract with the Government, in which such
public official has to intervene.

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FAMILY RELATION includes the SPOUSE or RELATIVES by
consanguinity or affinity in the 3rd CIVIL DEGREE.
CLOSE PERSONAL RELATION includes close personal relationship,
social and fraternal connections, and professional employment all
giving rise to intimacy which assures free access to such public officer.
2) It is unlawful for any person knowingly to induce or cause any public
official to commit any of the CORRUPT PRACTICES.
Prohibition on CERTAIN RELATIVES:
It is unlawful for the SPOUSE or for ANY RELATIVE, by consanguinity
or affinity, within the 3rd civil degree, of the
1) President of the Philippines,
2) Vice President of the Philippines,
3) Senate President, and
4) House Speaker
to INTERVENE directly or indirectly, in any business, transaction,
contract or application with the Government (subject to the exceptions
provided for under Sec. 5).
Prohibition on MEMBERS OF CONGRESS:
It is unlawful for any member of the Congress, during his/her term of
office to
ACQUIRE or RECEIVE any personal pecuniary interest in
any specific business enterprise which will be directly and particularly
favored or benefited by any law or resolution AUTHORED by him/her
previously approved or adopted by the Congress during his/her term.
Statement of Assets and Liabilities
Every public officer MUST file-
WHAT?
A detailed and sworn statement of assets and liabilities, amounts and
sources of his/her income, amounts of his/her personal and family
expenses, and the amount of income taxes paid.
WHEN?
1) within 30 days after assuming office,
2) on or before April 15 of every year,
3) upon the expiration of his/her term of office, or
4) upon his/her resignation or separation from office.
What COURT has the jurisdiction to try complaints for violations of R.A.
3019?
SANDIGANBAYAN
has the original jurisdiction to hear and decide complaints for Graft
and Corruption.
Is a public officer who is being investigated or is facing charges of graft
and corruption allowed to resign or retire during the pendency of the
investigation or the case against him?
No public officer is allowed to resign or retire pending an
investigation, criminal or administrative or pending a prosecution
against him, for any offense under R.A. No. 3019 or under the
provisions of the RPC on bribery (Sec. 12).
What should be done to the public officer accused of violation of R.A.
No. 3019 during the pendency of the investigation or during the trial of
his case?
The public officer who is under investigation or is being tried for graft
and corruption should be SUSPENDED FROM OFFICE pending the
investigation or trial of his case.
Is a public officer who was found guilty of the charges entitled to his
retirement or
gratuity benefits?
ANSWER:
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No. Should the public officer be convicted by final judgment,
he loses all retirement or gratuity benefits under the law
What about if the public officer has already received his retirement or
gratuity benefits and he was convicted of the charges?
The said convicted public officer who was found guilty of the charges
must return or restitute the amount received as retirement or gratuity
benefit to the Government.
What about if the public officer was found INNOCENT of the charges
against him?
ANSWER:
The public officer is acquitted, he is entitled to reinstatement
and to the salaries and benefits which he failed to receive during
suspension.
Republic Act No. 7610
(Anti-Child Abuse Law)
Who are children under the Act?
“Children” refers to persons:
a) Below 18 years of age, or
b) Over 18 years of age but are unable to fully take care of themselves
or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition
(Sec. 3).
What is CHILD ABUSE?
CHILD ABUSE refers to the maltreatment, whether habitual or not, of
the child which includes any of the following acts:
a) Psychological and physical abuse, neglect, cruelty, sexual abuse
and emotional maltreatment;
b) Any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being;
c) Unreasonable deprivation of his basic needs for survival, such as
food and shelter; or
d) Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or his
permanent incapacity or death.
Offenses Under the Act
1) CHILD PROSTITUTION and OTHER CHILD ABUSE
Who are considered “children exploited in prostitution and other sexual
abuse”?
Children, whether male or female, who or money, profit or any other
consideration or due to the coercion or influence of any adult, syndicate
or group, indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution and other sexual abuse
(Sec. 5).
Who are liable for Child Prostitution and other Child Abuse?
The following are punished with reclusion temporal in its
medium period to reclusion perpetua:
1) Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to the following:
a) Acting as procurer of a child prostitute;
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b) inducing a person to be a client of a child prostitute by means of a) Any person who hires, employs, uses, persuades, induces, or
written or oral advertisements or other similar means; coerces a child:

c) taking advantage of influence or relationship to procure a child as a 1) To perform in obscene exhibitions and indecent shows, whether live
prostitute; or in video;

d) Threatening or using violence towards a child to engage him as a
prostitute; or
e) Giving monetary consideration, goods or other pecuniary to
child with the intent to engage such child in prostitution.
2) Those who commit the act of sexual intercourse or lascivious
conduct with a child exploited in prostitution or subjected to other
sexual abuse;
2) To pose or model in obscene publications or pornographic materials.
b) Any ascendant, guardian, or person entrusted in any capacity with
a the care of the child who causes and/or allows a child to be employed
or to participate in an obscene play, scene, act, movie or show or in
any other acts covered by Sec. 9 of R.A. 7160.
Other ACTS of NEGLECT, ABUSE, CRUELTY or EXPLOITATION and
other Conditions Prejudicial to the Child’s Development:

3) Those who derive profit or advantage there from, whether as a
manager or owner of the establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said
establishment.
ACTS PUNISHABLE AS AN ATTEMPT TO COMMIT CHILD
PROSTITUTION:
1) Committing any other acts of child abuse, cruelty or exploitation or
be responsible for other conditions prejudicial to the child’s
development;
2) Keeping or having in his company a minor, 12 years or under or who
is 10 years or more younger than his junior in any public place or
private place, hotel, motel, beer joint, discothèque, cabaret, pension
house, sauna or massage parlor, beach and/or other tourist resort or
similar places;

Who are guilty of attempt to commit child prostitution? 3) Inducing, delivering or offering a minor to anyone prohibited to keep
or have in his company a minor as provided in the preceding
1) Any person who, not being a relative of the child is found paragraph;
ALONE with the child inside the room or cubicle of a house,
an inn, hotel, motel, pension house, apartelle or other similar 4) Allowing by any person, owner, manager or one entrusted with the
establishments, vessel, vehicle or any other hidden or operation of any public or private place or accommodation, whether for
secluded area under circumstances which would lead a occupancy, food, drink, or otherwise, including residential places any
reasonable person to believe that the child is about to be minor;
exploited in prostitution and other sexual abuse; and
5) Using, coercing, forcing or intimidating a street child or any other
2) Any person who receives services from a child in a sauna child to:
parlor, massage clinic, health club and other similar a) Beg or use begging as a means of living;
establishments. b) Act as conduit or middleman in drug trafficking or pushing; or
c) Conduct any illegal activities.
2) CHILD TRAFFICKING
Who may FILE a COMPLAINT for a VIOLATION of R.A. 7610?
Consummated Act of CHILD TRAFFICKING:
The complaint may be filed by any of the following:
Who are liable for consummated act of child trafficking?
1) Offended party;
Any person who engages in trading and dealing with 2) Parents or guardians;
children including, but not limited to, the act of buying and selling of a 3) Ascendant or collateral relative within the third degree of
child for money, or for any other consideration, or barter. consanguinity;
4) Officer, social worker or representative of a licensed child-caring
Attempt to Commit CHILD TRAFFICKING: institution;
5) Officer, social worker of the DSWD;
There is an attempt to commit Child Trafficking: 6) Barangay Chairman;
7) At least 3 concerned responsible citizens where the violation
1) When a child travels alone to a foreign country without valid reason occurred.
therefor and without clearance issued by the DSWD or written
permission or justification from the child’s parents or legal guardian; Republic Act No. 6538
Anti-Carnapping Act of 1972
2) When a pregnant mother executes an affidavit of consent for
adoption for a consideration; What is CARNAPPING?
It is the taking, with intent to gain, of a motor vehicle belonging to
3) When a person, agency, establishment or child-caring institution another without the latter’s consent, or by means of violence against or
recruits women or couples to bear children for the purpose of child intimidation of persons, or by using force upon things.
trafficking;
DEFINITION OF TERMS:
4) When a doctor, hospital, or child clinic official or employee, nurse, MOTOR VEHICLE – is any vehicle propelled by any power other than
midwife, local civil registrar or any other person simulates birth for the muscular power using the public highways
purpose of child trafficking; or EXCEPT the following:

5) When a person engages in the act of finding children among low- A] Road rollers; Bulldozers;
income families, hospitals, clinics, nurseries, day-care centers, or other Trolley cars; Graders;
child-caring institutions who can be offered for the purpose of child Street-Sweepers; Fork-lifts;
trafficking. Sprinklers; Amphibian Trucks,
and
3) OBSCENE PUBLICATIONS AND INDECENT SHOWS Lawn mowers; Cranes

Who are liable? NOT USED ON PUBLIC HIGHWAYS,

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B] Vehicles, which run only on rails or tracks, and
Republic Act No. 4200
C] Tractors, trailers and traction engines of all kinds used exclusively Anti-Wire Tapping Law
for agricultural purposes.
What are the acts punished as wire-tapping?
1) Tapping any wire or cable, or
What constitutes unlawful taking in the crime of CARNAPPING? 2) Using any other device or arrangement,
3) To secretly overhear, intercept, or record a
UNLAWFUL TAKING in CARNAPPING takes place when the owner or 4) Private communication/
juridical possessor does not give his consent to the taking, or, if conversation or
consent was given, it was vitiated (People vs. Tan, 323 SCRA 30). spoken word
5) Without the knowledge or consent of all the parties
TAKING OF A MOTOR VEHICLE can be:
Private Communications Can Be Waived by SHOUTING
1) CARNAPPING under R.A. 6538, or

2) QUALIFIED THEFT under Art. 310 of the RPC, or Presidential Decree No. 533
Anti-Cattle Rustling Law of 1974
3) ESTAFA under Art. 315 paragraph 1 (b) of the RPC.
What is “CATTLE RUSTLING”?

CATTLE RUSTLING is the -

1. Taking away by any means, methods or scheme, without the
CARNAPPING vs. QUALIFIED THEFT vs. ESTAFA consent of the owner/raiser, of a LARGE CATTLE whether or not for
profit or gain, or whether committed with or without violence against or
CARNAPPING QUALIFIED THEFT ESTAFA intimidation of any person or force upon things;

1)Taking A] Art. 310, RPC
2) with intent to gain, 1)Taking
3) of a motor vehicle 2) with intent to gain
4) belonging to another 3) of a motor vehicle
5) 4) belonging to another
(a) without the latter’s 5) Without the latter’s
consent, or consent
(b) by means of 6) But without violence
violence against against or intimidation of
or intimidation of persons or force upon things.
person, or
(c) by using force B] Jurisprudence
upon things. 1) Material or physical
possession of the motor
vehicle was transferred to the
accused;
(e.g. borrowed)
2) He misappropriated the
same.
2. Killing of a large cattle, or taking its meat or hide without the consent
of the owner/raiser.
1) Physical and
Juridical possession
What is a LARGE CATTLE?
of the motor vehicle
was transferred to the
LARGE CATTLE includes the following:
accused;
(e.g. agency to sale)
1) Cow;
2) He
2) Carabao;
misappropriated the
3) Horse;
same.
4) Mule;
5) Ass; or
6) Other domesticated member of the bovine family.
WHO is considered as an OWNER/RAISER of a Large Cattle?
OWNER/RAISER -
includes the herdsman, caretaker, employee or tenant of
any firm or entity engaged in the raising of large cattle or other persons
in lawful possession of such large cattle.
Duty of OWNER/RAISER to Register the LARGE CATTLE:

Republic Act No. 6235 The owner/raiser is duty-bound to register the large cattle belonging to
ANTI-HIJACKING LAW him –
WHEN?
How is the crime of HIJACKING committed? before the large cattle attains the age of 6 months.
WHERE?
Hijacking is committed by: with the office of the City/Municipality where the
owner/raiser resides.
1) Compelling the pilot to change in course or destination of a
DOMESTIC AIRCARFT; After registration, a CERTIFICATE of OWNERSHIP is issued to the
2) Seizing or usurping the control of a DOMESTIC AIRCAFT while it is owner/raiser.
in flight; Permit to BUY and SELL
3) Compelling a FOREIGN AIRCRAFT to land in the Philippine territory; Large Cattle:
and Any person, partnership, association, corporation or entity engaged in
4) Seizing or usurping the control of the FOREIGN AIRCRAFT while it the business of buying and selling large cattles MUST first secure a
is within Philippine territory. permit from -
(a) the Provincial Commander, and
When is an aircraft considered in flight? (b) the City/Municipal Treasurer of the place of residence of
such person, partnership, association, corporation or entity.
An aircraft is considered in flight from the moment all its external doors
are closed following embarkation until any of such doors is opened for Clearance for SHIPMENT of LARGE CATTLE:
disembarkation.
Any person, partnership, association, corporation or entity desiring to
Other acts punished by ship or transport large cattle, its hides, or meat, from one province to
R.A. No. 6235: another MUST secure a PERMIT from the Provincial Commander.

Shipping, loading, or carrying in any PASSENGER AIRCRAFT PRESUMPTION OF CATTLE RUSTLING:

operating as a public utility within the Philippines any explosive,
flammable, corrosive or poisonous substance or material.

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FAILURE to exhibit or show the required PERMIT or CLEARANCE by
any person having in his possession, control or custody of large cattle What is HIGHWAY ROBBERY or BRIGANDAGE?
is a PRIMA FACIE EVIDENCE that the large cattle in his possession,
control, or custody is the fruit of the crime of cattle rustling. 1) The seizure of any person for ransom, extortion or other unlawful
purposes, or
Presidential Decree No. 1612
Anti-Fencing Law of 1979 2) Taking away of the property of another by means of
violence against or intimidation of persons or force upon
What is “fencing”? things or other unlawful means.

“Fencing” is the act of any person who, WHERE?

a) with intent to gain for himself or for another, On any PHILIPPINE HIGHWAY.

b) BUY, RECEIVE, POSSESS, KEEP, ACQUIRE, CONCEAL, SELL, What is a PHILIPPINE HIGHWAY?
or DISPOSE of, or BUYS and SELLS, or in any other manner deal in
Any road, street, passage, highway and bridges or other parts thereof,
c) any article, item, object or anything of value or railways or railroad within the Philippines used by persons, or
vehicles, or locomotives or trains for the movement or circulation of
d) which HE KNOWS, or SHOULD BE KNOWN TO HIM, e) to have persons or transportation of goods, articles, or property or both.
been derived from the proceeds of the crime of robbery or theft.
What is the purpose of the accused in Highway Robbery or
Who is a “FENCE”? Brigandage?
“FENCE” includes any
The purpose of brigandage is INDISCRIMINATE HIGHWAY ROBBERY
person, (i.e. victim could be any person or persons that passes through a
firm, Philippine Highway).
association,
corporation or partnership, or If the purpose is only a particular robbery (i.e. there is a predetermined
other organizations or particular victim), the crime is only Robbery or Robbery in band if
there are at least 4 armed participants.
=who/which commits the act of fencing.
Is the number of perpetrators an essential element of Highway Robbery
Presumption of FENCING: or Brigandage?

Mere possession of any goods, article, item, object, or anything of No. The perpetrator could be a single person or a group of persons not
value which has been the subject of robbery or thievery is a PRIMA necessarily at least four (4) armed persons.
FACIE evidence of fencing.
Is the fact that Robbery was committed on Philippine Highway makes it
Presidential Decree No. 532 Highway Robbery or Brigandage?
Anti-Piracy and Anti-Highway Robbery Law
What is PIRACY? No. The mere fact that robbery was committed on Philippine Highway
does not give rise to Highway Robbery or Brigandage. The intent of
Any attack upon or seizure of any vessel, or the taking away of the indiscriminate highway robbery must be present.
whole or part thereof, or its cargo, equipment, or the personal
belonging of its complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation of persons or force
upon things. Republic Act No. 8049
Anti-Hazing Act
Who may commit PIRACY?
What is HAZING?
Any person, including a passenger or member of the crew/complement
of the vessel. It is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization by placing the
Where may PIRACY be committed? recruit, neophyte or applicant in some

Only in Philippine waters. EMBARRASSING or HUMILIATING situations such as forcing him to

do menial, silly, foolish and similar tasks or activities or otherwise
PIRACY subjecting him to physical or psychological suffering or injury.
P.D. 532 VERSUS Art. 122 of the RPC
Take NOTE:
P.D. No. 532 ARTICLE 122, RPC
The term “ORGANIZATION” include any club, or the AFP, PNP, PMA,
or officer and cadet corps of the Citizen’s Military Academy (CMT), or
1) Piracy can only be committed on 1) Piracy can be committed both on the Citizen’s Army Training (CAT).
Philippine territorial waters. high seas and on Philippine territorial
waters. Republic Act No. 7832
Anti-Electricity Pilferage Act
2) Can be committed by ANY PERSON 2) Can only be committed by a person
including a passenger or member of the who is not a passenger nor member of Punishes:
complement of the vessel. the complement of the vessel.
1) Illegal use of electricity
- e.g. illegal connection, tampering, use of jumpers
2) Theft of electric power transmission lines and materials.

What is “MURO-AMI”?

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It is the act of fishing with gear method or other physical or mechanical not have sufficient funds in or credit with the drawee bank for the
acts that destroy coral reefs, sea grass beds and other fishery marine payment of the check in full upon its presentment.
life habitat
Republic Act No. 7877
It is punishable under The Philippine Fisheries Code of 1998 and R.A. Anti-Sexual Harassment Act
8550.
What is SEXUAL HARASSMENT?
Republic Act No. 7438
Impose penalties to the following: Work, education or training-related sexual harassment is committed by
-
1. Any arresting public officer or employee, or any investigating officer WHOM?
who fails to inform any person arrested, detained or under custodial
investigation of his right to remain silent and to have a competent and By an
independent counsel preferably of his own choice;
1) EMPLOYER,
2. Any pubic officer or employee or anyone acting upon orders of such 2) EMPLOYEE,
investigating officer or in his place, who fails to provide a competent 3) MANAGER,
and independent counsel to a person arrested, detained or under 4) SUPERVISOR,
custodial investigation for the commission of an offense if the latter 5) AGENT OF THE EMPLOYER,
cannot afford the services of his own counsel; 6) TEACHER,
7) INSTRUCTOR,
3. Any person who obstruct, prevent or prohibits any lawyer, any 8) PROFESSOR,
member of the immediate family of a person arrested, detained or 9) COACH,
under custodial investigation, or any medical doctor or priest or 10) TRAINER, or
religious minister chosen by him or by any member of his immediate 11) ANY OTHER PERSON HAVING AUHTORITY, INFLUENCE OR
family or by his counsel, from visiting and conferring privately with him, MORAL ASCENDANCY OVER ANOTHER in a work or training or
or from examining and treating him, or from ministering to his spiritual education environment.
needs, at any hour of the day, or in urgent cases, of the night.
IN WHAT WAY?
Republic Act No. 8177
Act Designating Death By Lethal Injection as the Method of Carrying By demanding, requesting or otherwise requiring any
Out Capital Punishment SEXUAL FAVOR from the other, regardless of whether the demand,
How should DEATH PENALTY be executed? request or requirement for submission is accepted by the victim.

The death sentence shall be executed by means of lethal injection.

When should the death sentence be carried out?

The sentence shall be carried out not earlier than one (1) year nor later
than eighteen (18) months after the judgment has become final and
executory.

Batas Pambansa Bilang. 22

Anti-Bouncing Check Law

Who is liable for violation of B.P. 22?

A] Any person who makes or draws and issues any check to apply on
account or value, knowing at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for the payment of
such checks in full upon its presentment, which check is subsequently
dishonored by the drawee bank.

FOR WHAT REASON?

For insufficiency of funds or credit or it would have been

dishonored for the same reason had not the drawer, without any valid
reason, ordered the bank to stop payment.

B] Any person who made or drew and issued a check who

failed to keep sufficient funds or to maintain a credit to
cover the full amount of the check if said check was
presented within a period of 90 days from the date
appearing thereon, for which reason it is dishonored by
the bank.

ELEMENTS OF THE CRIME:

1) The accused makes, draws or issues any check to apply on account

or value.

2) The check is subsequently dishonored by the drawee bank for

insufficiency of funds or credit or it would have been dishonored for the
same reason had not the drawer, without any valid reason, ordered the
bank to stop payment.

3) The accused KNOWS at the time of issuance that he or she does

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