SPECIAL PENAL LAWS

From the lectures of Judge Gidget Rose Duque

CONTENTS
COMPREHENSIVE LAW ON FIREARMS & AMMUNITION.......................................................1
ILLEGAL/UNLAWFUL POSSESSION OF EXPLOSIVES..........................................................6
BANK SECRECY ACT................................................................................................................9
FOREIGN CURRENCY DEPOSIT ACT....................................................................................11
ANTI-MONEY LAUNDERING ACT OF 2001............................................................................12
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002......................................................18
ANTI-ILLEGAL NUMBERS GAME LAW..................................................................................28
ANTI-TRAFFICKING IN PERSONS ACT OF 2003...................................................................31
ANTI-SEXUAL HARASSMENT ACT........................................................................................35
SAFE SPACES ACT................................................................................................................. 38
ANTI-PHOTO & VIDEO VOYEURISM ACT OF 2009...............................................................42
ANTI-GRAFT & CORRUPT PRACTICES ACT.........................................................................43
ANTI-PLUNDER ACT............................................................................................................... 53
CODE OF CONDUCT & ETHICAL STANDARDS FOR PUBLIC OFFICIALS & EMPLOYEES
.................................................................................................................................................. 58
PUNISHING PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE AND FOR PRIVATE
PERSONS TO GIVE GIFTS ON ANY OCCASION INCLUDING CHRISTMAS.........................63
ANTI-RED TAPE ACT OF 2007................................................................................................64
ANTI-CHILD ABUSE LAW........................................................................................................68
ANTI-VIOLENCE AGAINST WOMEN & THEIR CHILDREN ACT OF 2004 (ANTI-VAWC)......79
ANTI-CHILD PORNOGRAPHY ACT OF 2009..........................................................................91
ANTI- HAZING ACT OF 2018...................................................................................................95
DATA PRIVACY ACT OF 2012...............................................................................................100
THE NEW ANTI-CARNAPPING ACT OF 2016.......................................................................105
ANTI-FENCING LAW.............................................................................................................. 108
MIGRANT WORKERS & OVERSEAS FILIPINOS ACT OF 1995...........................................114
ACCESS DEVICES REGULATION ACT................................................................................117
CYBERCRIME PREVENTION ACT OF 2012.........................................................................120
BOUNCING CHECKS LAW....................................................................................................126
THE LAW ON ARSON............................................................................................................ 132
SWINDLING BY A SYNDICATE.............................................................................................136
ANTI-ELECTRICITY PILFERAGE ACT..................................................................................137
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
COMPREHENSIVE LAW ON FIREARMS &
AMMUNITION
PD 1866, as amended by RA 8294. RA 9516 & RA
10591
HISTORY
● PD 1866, as amended by RA 8294, RA
9516 and RA 10591
● PD 1866 was approved on June 29,
1983.
● RA 8294 was approved on June 6,
1997. The law amended
● Sections 1,3,5 and 6 of PD 1866 and
expanded the coverage of the term
unlicensed firearm
● RA 9516 was enacted on December 22,
2008. It amended Sections 3 and 4 of
PD 1866, as amended. It likewise
included Sections 3-B to 3-D, 4 to 4-F to
PD 1866. (prevailing law on explosives)
● RA 10591 was approved on May 29,
2013. It repealed Sections 1,2,5 and 7
of PD 1866, as amended, and Section 6
of RA 8294 (prevailing on firearms and
ammunitions)
PURPOSE
● In recognition of the right of qualified
citizens to self-defense through the use
of firearms - when it is the necessary
means to repeal the aggression under
the circumstances.
● To regulate the ownership, possession,
carrying, manufacture, dealing in and
importation of firearms, ammunition, or
parts thereof, in order to provide legal
support to law enforcement agencies in
their campaign against crime, stop the
proliferation of illegal firearms or
weapons and the illegal manufacture of
firearms or weapons, ammunition and
parts thereof.
PUNISHABLE ACTS:
SECTION 3
Definition of Terms
● Firearm - any weapon (handheld or
portable, small arm or light) that expels
or is designed to expel bullets or any
projectile discharged by means of
expansive force of gases from burning
gunpowder or other form of combustion.
● Ammunition - complete unfixed unit
consisting of a bullet, gunpowder,
cartridge case primer/loaded shell for
use in a firearm.
● Licensed citizen - any Filipino who
complies with the qualifications set forth
and duly issued with a license to
possess or to carry firearms outside of
the residence
● Licensed juridical entity - corporations,
organizations, businesses including
security agencies and local government
units (LGUs) which are licensed to own
and possess firearms.
● Loose firearm - an unregistered firearm,
an obliterated or altered firearm, firearm
which has been lost or stolen, illegally
manufactured firearms, registered
firearms in the possession of an
individual other than the licensee and
those with revoked licenses.
● Tampered, obliterated or altered firearm
- any firearm whose serial number or
other identification or ballistics
characteristics have been intentionally
tampered with, obliterated or altered
without authority or in order to conceal
its source, identity or ownership.
● Permit to carry firearm outside of
residence - a written authority issued to
a licensed citizen by the Chief of the PP
which entitles such person to carry
his/her registered or lawfully issued
firearm outside of the residence for the
duration and purpose specified in the
authority
● Permit to transport firearm - a written
authority issued to a licensed citizen or
entity by the Chief of the PNP or by a
PNP Regional Director which entitles
such person or entity to transport a
particular firearm from and to a specific
location within the duration and purpose
in the authority.
● Sec. 26 - Possession of FA/Am after six
(6) months from the death or legal
disability of the licensee.
● Sec. 28 - Unlawful acquisition or
possession of firearms and
ammunitions;
● Sec. 29 - Use of lose firearm in the
commission of a crime;
● Sec. 30 - Liability of juridical persons
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● Sec. 31 - Carrying of registered firearm
by a licensed person outside of
residence without legal authority
● Sec. 32 - Unlawful manufacture,
importation, sale or disposition of
firearms or ammunition or parts thereof,
machinery, tool or instrument used or
intended to be used in the manufacture
of firearms, ammunition or parts thereof;
● Sec. 33 - Arms smuggling;
● Sec. 34 - Tampering, obliteration or
alteration of firearms identification;
● Sec. 35 - Use of an imitation firearm;
● Sec. 36 - Violation of the rules on
firearms in custodia legis;
● Sec. 37 - Liability for planting evidence;
● Sec. 40 - Failure to notify lost or stolen
firearm or light weapon;
● Sec. 41 - Illegal transfer/registration of
firearms.
SECTION 26
Possession of Firearm or Ammunition
after 6 Months from the Death/Legal
Disability of the Licensee
● It is the duty of the next of kin, nearest
relative, legal representative, or other
person who shall knowingly come into
possession of a FA/Ammunition of a
dead or legally incapacitated licensee to
deliver the same to the FEO of the PNP
or Police Regional Office.
● Failure to deliver the firearm or
ammunition within six (6) months after
the death or legal disability of the
licensee shall render the possessor
liable for illegal possession of the
firearm.
SECTION 28
Illegal Possession/Acquisition of FlA
Elements Of Illegal Possession Of F/A
1. The offender is in possession of firearm;
2. That there is animus possidendi on the
part of the offender; and
3. The offender has no corresponding
license to possess F/A.
Possession
● Possession includes not only actual
physical possession but also
constructive possession or the
subjection of the firearm to one's
effective control or management.
Intent to Possess
● Mere possession is sufficient to convict
for illegal possession of a F/A. However,
it must still be shown that there was
animus possidendi or an intent to
possess on the part of the accused.
● What is merely required is either actual
or constructive possession coupled with
animus possidendi or intent to possess.
● Ownership is not an essential element of
the crime of illegal possession of F/A.
● The corpus delicti in the crime of illegal
possession of F/A is the accused's lack
of license or permit to possess or carry
the firearm, as possession itself is not
prohibited by law.
● To establish the corpus delicti, the
prosecution has the burden of proving
that:
a. the F/A exists; and
b. the accused who owned or
possessed it does not have the
corresponding license or permit
to possess or carry the same.
● Illegal possession of firearm is a crime
punished by special law, a malum
prohibitum, where no malice or intent to
commit crime need be proved.
License to Possess
● Only small arms may be registered by
licensed citizens or licensed juridical
entities for ownership, possession and
concealed carry.
● Small arms refer to firearms intended to
be or primarily designed for individual
use or that which is generally
considered to mean a weapon intended
to be fired from the hand or shoulder,
which are not capable of fully automatic
bursts of discharge.
SECTION 29
Use of Lose Firearms in the Commission of a
Crime
Rules in the Imposition of Penalties When
Lose FA was Used in the Commission of a
Crime
General Rule: The use of a loose firearm, when
inherent in the commission of a crime
punishable under the RPC or other special laws,
shall be considered as an aggravating
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Circumstance (special aggravating circumstance
when aggravated penalty for the use of the
firearm is provided in the law).
● But if the crime committed with the use
of a loose firearm is penalized by the
law (RPC/SPL) with a maximum penalty
which is lower than that prescribed for
illegal possession of firearm (IPF) (RA
10591), the penalty for illegal
possession of firearm (IPF) shall be
imposed in lieu of the penalty for the
crime charged.
● Ex: In the felony of grave coercion with
the use of firearm:
Grave coercion (Art. 286, RPC)-penalty
is prision correccional Illegal Possession
of Firearm (Sec. 29, RA 10591) penalty
is prision mayor medium
The penalty of prision mavor medium
shall be imposed in lieu of the penalty of
prison correccional, the penalty for
grave coercion, the crime charged.
● If the crime committed with the use of a
loose firearm is penalized by the law
(RPC/SPL) with a maximum penalty
which is equal to that imposed for illegal
possession of firearms (IPF) (RA
10591), the penalty of prision mayor in
its minimum period shall be imposed in
addition to the penalty for the crime
punishable under the RPC/SPL of which
the offender is found guilty.
● Ex: crime of simple robbery with the use
of firearms:
Robbery (Art. 294, RPC) penalty is
prison correccional maximum to prison
mayor medium
Illegal Possession of Firearm Sec. 29,
RA 10591) penalty is prision mayor
medium
● The penalty of prision mayor minimum
shall be imposed in addition to prison
correccional maximum to prision mayor
medium the penalty for robbery for
which the offender is found guilty.
● If use of lose firearm is in furtherance of,
or incident to, or in connection with the
crime of rebellion or insurrection, or
attempted coun d' etat, such violation
shall be absorbed as an element of the
crime of rebellion or insurrection, or
attempted coup d'etat.
If lose firearm is not used in the
commission of the crime, there can be 2
separate prosecutions: 1 for violation of
the RA 10591 and the other crime
committed.
● The FA must be used in the commission
of the crime.
● If the crime is committed by the person
without using the loose firearm, the
violation of RA 10591 shall be
considered as a distinct and separate
offense (in case of warrantless arrest).
SECTION 30
Liability of Juridical Persons
Committed by the owner, president, manager,
director or other responsible officer of/any public
or private firm, company, corporation or entity.
Punishable Acts
● willfully or knowingly allowing any of the
firearms owned by such entity to be
used by any person or persons found
guilty of use of lose firearm; or willfully or
knowingly allowing any of them (persons
found guilty of use of firearms) to use
unregistered firearm or firearms without
any legal authority to be carried outside
of their residence in the course of their
employment.
SECTION 31
Carrying of Registered Firearm by a
Licensed Person Outside of Residence
Without Legal Authority
Committed by any person who is licensed to
own a firearm but who shall carry the registered
firearm outside his/her residence without any
legal authority therefor.
SECTION 32
Unlawful Manufacture, Importation, Sale Or
Disposition Of F/A or Parts Thereof;
Machinery, Tool or Instrument Used or
Intended to be Used in the Manufacture of
F/A or Parts Thereof.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● Committed by any person who shall
unlawfully engage in the: manufacture,
importation, sale or disposition of a
firearm or ammunition, or a maior part of
a firearm or ammunition: or
manufacture, importation, sale or
disposition of machinery, tool or
instrument used or intended to be used
by the same person in the manufacture
of a firearm, ammunition, or a major part
thereof.
Presumption of Intent to Use in the Illegal
Manufacture of Firearms and Ammunition
● The possession of any such machinery,
tool or instrument by any person whose
business, employment or activity does
not lawfully deal with the possession of
such Article, shall be prima facie
evidence that such article is intended to
be used in the unlawful or illegal
manufacture of firearms, ammunition or
parts thereof.
● It is also committed by any laborer,
worker or employee of a licensed
firearms dealer who shall unlawfully
take, sell or otherwise dispose of parts
of firearms or ammunition which the
company manufactures and sells, and
other materials used by the company in
the manufacture or sale of firearms or
ammunition.
● The buyer or possessor of such stolen
part or material, who is aware that such
part or material was stolen, shall suffer
the same penalty as the laborer, worker
or employee.
● It can also be committed by a
corporation, partnership, association or
other juridical entity. The directors,
officers, employees or other officials or
persons therein who knowingly and
willingly participated in the unlawful act,
shall be liable.
SECTION 33
Arms Smuggling
● Committed by any person who shall
engage or participate in arms
smuggling.
Arms Smuggling refers to the import, export,
acquisition, sale, delivery, movement or transfer
of firearms, their parts and components and
ammunition, from or across the territory of one
country to that of
another country_which has not been authorized
in accordance with domestic law in either or both
country/countries.
SECTION 34
Tampering, Obliteration or Alteration
of Firearms Identification
● Committed by any person who shall
tamper, obliterate or alter without
authority _the barrel, slide, frame,
receiver, cylinder, or bolt assembly,
including the name of the maker, model,
or serial number of any firearm, or who
shall replace without authority the barrel,
slide, frame, receiver, cylinder, or bolt
assembly, including its individual or
peculiar identifying characteristics
essential in forensic examination of a
firearm or light weapon.
SECTION 35
Use of an Imitation Firearm
● Imitation firearm refers to a replica of a
firearm, or other device that is so
substantially similar in coloration and
overall appearance to an existing
firearm as to lead a reasonable person
to believe that such imitation
firearm is a real firearm.
● An imitation firearm used in the
commission of a crime shall be
considered a real firearm, and shall be
punished in accordance with the Section
29 (use of lose firearm) However, the
injuries caused on the occasion of the
conduct of competitions, sports, games,
or any recreation activities involving
imitation firearms shall not be
punishable under this Act.
SECTION 36
Violation of the Rules on Firearms in
Custodia Legis
● Violation of the following rules on
firearms in custodia legis:
1. During the pendency of any
case filed in violation of RA
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
10591, seized firearm,
ammunition, or parts thereof,
machinery, tools or instruments
shall remain in the custody of
the court;
2. If the court decides that it has
no adequate means to safely
keep the same, the court shall
issue an order to turn over to
the PNP Crime Laboratory such
firearm, ammunition, or parts
thereof, machinery, tools or
instruments in its custody during
the pendency of the case and to
produce the same to the court
when so ordered; No bond shall
be admitted for the release of
the firearm, ammunition or parts
thereof, machinery, tool or
instrument.
SECTION 37
Liability for Planting Evidence
Planting Evidence
● Committed by any person who shall
willfully and maliciously insert; place,
and/or attach, directly or indirectly,
through any overt or covert act, any
firearm, or ammunition, or parts thereof
in the person, house, effects, or in the
immediate vicinity of an innocent
individual for the purpose of implicating
or incriminating the person. or imputing
the commission of any violation of the
provisions of this Act to said individual.
● The penalty of prison mayor in its
maximum period shall be imposed.
● If the person found guilty under this
paragraph is a public officer or
employee, such person shall suffer the
penalty of reclusion perpetua.
SECTION 40
Failure to Notify Lost or Stolen Firearm or
Light Weapon
● Committed by any licensed firearm
holder who fails to report to the Firearms
and Explosive Office (FEO) of the PNP
that the subject firearm has been lost or
stolen within a period of thirty (30) days
from the date of discovery.
● Any person holding a valid firearm
license who changes residence or office
address other than that indicated in the
license card and fails within a period of
thirty (30) days from said transfer to
notify the FEO of the PNP of such
change of address shall also be liable.
SECTION 41
Illegal Transfer/Registration of Firearms
● Transfer of possession of any firearm to
any person who has not yet obtained or
secured the necessary license or permit.
● Aside from the penalty of prision
correccional, the violator shall be
disqualified to apply for a license to
possess other firearms and revocation
of all his/her existing firearms licenses
whether for purposes of commerce or
possession.
● If government-issued firearms,
ammunition or major parts of firearms or
light weapons are unlawfully disposed,
sold or transferred by any law
enforcement agent or public officer to
private individuals, the penalty of
reclusion temporal shall be imposed.
● Any public officer or employee or any
person who shall facilitate the
registration of a firearm through fraud,
deceit, misrepresentation or submission
of falsified documents shall suffer the
penalty of prision correccional.
Accessory Penalty: Confiscation & Forfeiture
● The penalty so imposed for the violation
shall carry with it the accessory penalty
of confiscation and forfeiture of the F/A
or parts thereof, machinery, tool or
instrument in favor of the government
which shall be disposed of in
accordance with law.
Grounds for Revocation, Suspension of
License or Permit Cancellation Or
Commission of a crime or offense involving
the firearm, ammunition, of major parts
thereof;
● Conviction of a crime involving moral
turpitude or any offense where the
penalty carries an imprisonment of more
than six (6) years;
● Loss of the firearm, ammunition, or any
parts thereof through negligence;
● Carrying of the firearm, ammunition, or
major parts thereof outside of residence
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

or workplace without, the proper permit confiscation of the offender's

to carry the same; driver's license.
● Carrying of the firearm, ammunition, or ○ Thus, without a valid arrest, no
major parts thereof in prohibited places; valid search can be effected. A
● Dismissal for cause from the service in temporary, incidental, casual, or
government official and employee; harmless possession or control
● Commission of any of the acts penalized of a firearm cannot be
under Republic Act No. 9165, otherwise considered a violation of a
known as the "Comprehensive statute prohibiting the
Dangerous Drugs Act of 2002"; possession of this kind of
● Submission of falsified documents or weapon. Although there is
misrepresentation in the application to physical or constructive
obtain a license or permit; possession, for as long as the
● Noncompliance of reportorial animus possidendi is absent,
requirements; and there is no offense committed.
● By virtue of a court order. Here the owner/licensee has
admitted that the accused had
Concepts and Principles no knowledge of the existence
● Under R.A. No. 10591, use of loose of the firearm in the motorcycle
firearm in the commission of a crime, trunk.
like murder, shall be considered as an
aggravating circumstance. END
● In view of the amendments introduced
by RA 8294 and RA 10591, to PD 1866,
separate prosecutions for homicide and
illegal possession are no longer in order.
● Instead, illegal possession of firearm is
merely to be taken as an aggravating
circumstance in the crime of murder.
● Where murder results from the use of an
unlicensed firearm, the crime is not
qualified illegal possession but murder.
● In such a case, the use of the
unlicensed firearm is not considered as
a separate crime but shall be
appreciated as a mere aggravating
circumstance. Thus, where murder was
committed, the penalty for illegal
possession of firearms is no longer
imposable since it becomes merely a
special aggravating circumstance (it is
special aggravating circumstance
because the aggravation of the penalty
with the presence of the circumstance is
specially provided by law-Sec. 29, RA
10591).
● The intent of Congress as reflected in
the recent law, RA 10591, is to treat the
offense of illegal possession of firearm
and the commission of homicide or
murder with the use of unlicensed
firearm as a single offense.
● Mendoza vs. People
○ Traffic violation does not justify
a warrantless arrest as such
violation merely warrant the
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ILLEGAL/UNLAWFUL POSSESSION OF
EXPLOSIVES
PD NO. 1866 , AS AMENDED BY RA NO. 9516
Laws Regulating the Use, Possession,
Manufacture & Dealing in Firearms,
Ammunitions and Explosives
PD No. 1866 -Approved by the President on
June 29, 1983. The original law regulating the
use. possession, manufacture & other dealing in
firearms. ammunition and even
explosives.
● Amendment/Repeal:
1. RA No. 9516 - Approved on
December 22, 2008. Amended
Sections 3 & 4 of PD No. 1866.
governing the unlawful
manufacture, sales, acquisition,
disposition or possession of
explosives
2. RA No. 8294 - Approved on
June 6, 1997.Amended
Sections 1, 3, 5 & 6 of PD No.
1866 governing the unlawful
manufacture, sales, acquisition,
disposition or possession of
firearms or ammunitions.
3. RA No. 10591 - Approved on
May 29, 2013. Repeals Sections
1, 2, 5 and 7 of Presidential
Decree No. 1866, as amended,
and Section 6 of Republic Act
No. 8294 governing the unlawful
manufacture, sales, acquisition,
disposition or possession of
firearms and ammunitions.
PROHIBITED ACTS
Unlawfully manufacture, assemble, deal in,
acquire, dispose, import or possess:
1. any explosive or incendiary device (Sec.
3, PD 1866);
2. any part, ingredient, machinery, tool or
instrument of any explosive or
incendiary device, whether chemical,
mechanical, electronic, electrical or
otherwise (Sec. 3-A, PD 1866).
Section 3. Unlawful Dealing in Explosive or
Incendiary Device
Elements:
1. manufacture, assemble, deal in,
acquire, dispose, import or possess any
explosive or incendiary device (including
but not limited to, hand grenade(s), rifle
grenade(s), 'pillbox bomb', 'molotov
cocktail bomb', "fire bomb', and other
similar explosive and incendiary
devices);
2. without authority;
3. with knowledge of its existence and its
explosive or incendiary character (intent
to possess or animus possidendi);
4. the explosive or incendiary device is
capable of producing destructive effect
on contiguous objects or causing injury
or death to any person
Section 3: Presumption on the existence and
character of the device
● Mere possession is prima facie
evidence of knowledge of the
existence and the explosive or
incendiary character of the device.
● Possession - must not merely be
temporary, incidental, casual, harmless,
or transient possession or control of any
explosive or incendiary device.
● Possession - must be with knowledge
of its existence or its explosive or
incendiary character.
Section 3-A. Unlawful Dealing in any part,
ingredient, machinery, tool or instrument of
any explosive or incendiary device.
Elements:
1. manufacture, assemble, deal in, acquire,
dispose, import or possess any part,
ingredient, machinery, tool or instrument
of any explosive incendiary device:
2. without authority;
3. used or intended to be used by that
person for its manufacture construction,
assembly, delivery or detonation:
4. the explosive or incendiary device is
capable or is intended to be made
capable of producing destructive effect
on contiguous objects or causing injury
or death to any person.
Section 3-A: Presumption on the purpose for
the device
● Possession by a person whose
business activity, or employment does
not lawfully deal with the possession of
such article - prima facie evidence that
such article is intended to be used by
that person in the unlawful/illegal
manufacture, construction, assembly,
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
delivery or detonation of an explosive or
incendiary device.
● Possession - must not merely be
temporary, incidental, casual, harmless,
transient possession or control of an
part or ingredient of explosive or
incendiary device.
● Possession - must be with knowledge
of its existence or character as part or
ingredient directly used in the
manufacture, construction or detonation
of any its explosive or incendiary devise.
Persons liable
● any person who unlawfully manufacture,
assemble, deal in, acquire,
● dispose, import or possess explosives
or incendiary device; or any part,
ingredient or detonation thereof; the
owner, president, manager, director or
other responsible officer of any public or
private firm, company, corporation or
entity, who:
● willfully or knowingly allow any explosive
or incendiary device or parts thereof
owned or controlled by such firm or or
entity to be used by any person;
● the person must first be found guilty of
violating the provisions of the Act.
Violation of the Act in Relation to Other
Crimes
● the penalty of reclusion perpetua and a
fine ranging from One Hundred
Thousand Pesos (P100,000.00) to One
million pesos (P1,000,000.00) shall be
imposed when the violation of Sections
3, 3-A and 3-B of RA 9516 is:
• used as a necessary means
for committing any or the crimes
under the RPC or special laws;
or
• in furtherance of, incident to, in
connection with, by reason of, or
on occasion of any of the crimes
defined in the RPC or special
laws.
● Previously, under RA 8294, the use of
explosives in the commission of a crime
under the RPC is merely an aggravating
circumstance (qualifying circumstance
for murder).
Double Jeopardy
Requisites for the application of the bar on
double jeopardy:
1. The accused have been previously
convicted or acquitted or the case
against him for violation of the Decree
has been dismissed;
2. Accused is facing another prosecution
for any offense where the violation of the
Decree was a necessary means for
committing the offense or furtherance of
which, incident to which, in connection
with which, by reason of which, or on
occasion of which, the violation of this
Decree was committed and vice versa;
and
3. Application of the bar on double
jeopardy is more favorable to the
accused;
Responsibility and Liability of Witnesses for
Failure to Appear in the Prosecution of
Violations
• Concurrence of the following elements for
liability of witnesses to attach:
1. The case pertains to the
prosecution of violations of the
Decree;
2. The witness is any member of
law enforcement agencies or
any other government official
and employee;
3. The witness have been duly
notified to to appear as a
witness for the prosecution;
4. The witness, despite notice, fails
or refuses, intentionally or
negligently, to appear as a
witness, without any valid
reason.
• Penalty: reclusion temporal and a fine of
P500.000.00 in addition to the administrative
liability he/she may be meted out by his/her
immediate superior and/or appropriate body.
Responsibility and Liability of Immediate
Superior
The immediate superior of the witness shall also
be liable, upon the concurrence of
the following conditions:
1. The member of the law enforcement
agency or any other government
employee have been notified as
witnesses in the prosecution of
violations of the Decree;
2. The immediate superior of said witness
have likewise been duly notified;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
3. The immediate superior does not exert
reasonable effort to present the witness
to the court despite due notice to them;
or fails to notify the court where the case
is pending of the order to transfer or
reassign the witness (only for
compelling reasons) to any other
government office located in another
territorial jurisdiction during the
pendency of the case in court, within
twenty-four (24) hours from its approval.
Responsibility and Liability of Immediate
Superior
Penalty:
1. Prision correccional.
2. a fine of not less than P10,000.00 but
not more than P50,000.00; &
3. perpetual absolute disqualification from
public office;
4. without prejudice to any liability for
violation of any existing law
(obstruction of justice-delaying
prosecution of criminal cases
obstructing service of court processes
orders)
• Continuous trial in cases involving violations of
this Decree:
● on a daily basis from Monday to Friday
or other short-term trial calendar so as
to ensure speedy trial;
● terminated within ninety (90) days from
arraignment of the accused.
PNP-Firearms & Explosive Division (FED)
● PNP-FED - agency authorized to issue
licenses to persons or entities for the
manufacturer, dealing in, purchase,
import any of the chemical or
accessories that can be used in the
manufacture of explosives or explosive
ingredients from foreign suppliers. or
possess or sell them to licensed dealers
or end users as the case may be.
● The chemicals & accessories subject of
the issuance of a license shall
exclusively refer to: chlorates, nitrates,
nitric acid and such other chemicals and
accessories that can be used for the
manufacture of explosives and
explosive ingredients.
Chief of the PNP
● Chief of PNP - acts on applications by
any person or entity who intends to
import, sell or possess the mentioned
chemicals or accessories shall;
● The application must state the purpose
for which the license and/or permit is
sought and such other information as
may be required by the said official.
● The concerned person or entity shall
maintain a permanent record of all
transactions entered into in relation with
the aforecited chemicals or accessories,
which documents shall be open to
inspection by the appropriate authorities.
Confiscation
Failure to comply with the provision of Section 4-
C, 4-D and 4-E (dealings requiring licenses)
shall be sufficient cause for the cancellation of
the license and the confiscation of all such
chemicals or accessories, whether or not
lawfully imported, purchased or possessed by
the subject person or entity.
PROSECUTION OF
VIOLATION OF PD 1866, AS AMENDED.
Elements Of Illegal Possession Of An
Explosive Devise Under P.D. No. 1866:
two (2) essential elements:
1. the existence of the subject firearm or
explosive which may be proved by the
presentation of the subject firearm or
explosive or by the testimony of
witnesses who saw accused in
possession of the same, and
2. the negative fact that the accused had
no license or permit to own or possess
the firearm or explosive which fact may
be established by the testimony or
certification of a representative of the
Philippine National Police Firearms and
Explosives Unit that the accused has no
license or permit to possess the subject
firearm or explosive
1st Element: Chain of Custody Rule
● To establish the 1st element, the
prosecution must establish an
unbroken chain of custody of the
allegedly confiscated illegal materials.
● Chain of custody rule requires that the
admission of an exhibit be preceded by
evidence sufficient to support a finding
that the matter in question is what the
proponent claims it to be. [People vs.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

Velasco, GR No. 231787, August 19,

2019]

Chain of Custody: How Established:

• To establish chain of custody, the
prosecution must present evidence, which would
include testimony, to account for every link in the
chain of custody of the evidence from the
moment the item was picked up to the time it
was offered in evidence:
● in such a way that every person who
touched the exhibit would describe how
and from whom it was received, where it
was and what happened to it while in
the witness possession
● the condition in which it was received;
● the condition in which it was delivered to
the next link in the chain;
● describe the precautions taken to
ensure that there had been no change
in the condition of the item and no
opportunity for someone not in the chain
to have possession of the same
• Essentially to establish that there had been no
change in the condition of the item from
presentation in court.

Proof of Character of Explosive/Incendiary

Device
● The explosive or incendiary device must
be shown to be capable of producing
destructive effect;
● However, proof of actual explosion is
not necessary to establish that the
device is an explosive under P.D. No.
1866.
● It is sufficient that there be chemical
tests conducted on the material yielding
positive results for the existence of
explosives "capable of producing
destructive effects" [Dizon vs. CA, G.R.
No. 111762, July 22, 1999]

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
BANK SECRECY ACT
RA NO. 1405
Date of Approval
● R.A. No. 1405 was approved on
September 9, 1955
● Sections 2 and 3 were both amended by
PD No. 1792 issued on January 16,
1981
● PD 1792 was expressly repealed by
Sec. 135 of R.A. No. 7653 approved on
June 14, 1993.
Purpose:
● to encourage the people to deposit their
money in banking institutions; and
● to discourage private hoarding so that
the same may be properly utilized by
banks in authorized loans to assist in
the economic development of the
country. (Section 1)
Acts Criminalized
● Positive Command - Sec. 2: enjoins
the commission of an act to enforce a
policy (confidential treatment of bank
deposits or investments);
● Prohibition - Sec. 3: prohibits the
commission of an act (non-disclosure of
information concerning said deposits);
● Addressed to any official or employee of
a banking institution.
Sec. 2: Positive Command (Scope) - General
Rule
● all deposits of whatever nature with
banks or banking institutions in the
Philippines (money deposited)
● including investments in bonds issued
by the Government of the Philippines, its
political subdivisions and its
instrumentalities [including "trust
account"- money invested (Ejercito vs.
Sandiganbayan, G.R. No. 157294-95,
November 30. 2006)1:
● considered as of an absolutely
confidential nature; and
● may not be examined, inquired or
looked into by any person,
government official, bureau or office.
Absolute Confidentiality of Bank Deposits
Rule
● protection from unwarranted inquiry or
investigation if the purpose of such
inquiry or investigation is merely to
determine the existence and nature, as
well as the amount of the deposit in any
given bank account.
● the protection does not preclude
garnishment in satisfaction of a
judgment as it was not the intention of
the lawmakers to place banks deposits
beyond the reach of execution to satisfy
a final judgment. [China Banking
Corporation v. Ortega, G.R. No. L-
34964, January 31, 1973]
Sec. 2: Positive Command - Exception
1) Examination made in the course of a special
or general examination of a bank.
Conditions:
● examination specifically authorized by
the Monetary Board;
● there is reasonable ground to believe
that a bank fraud or serious irregularity
has been or is being committed; and
● examination is necessary to look into the
deposit to establish such fraud or
irregularity.
2) Examination made by an independent auditor;
Conditions:
● The independent auditor was hired by
the bank to conduct its regular audit;
● The examination is for audit purposes
only; and
● The results thereof shall be for the
exclusive use of the bank;
3) Upon written permission of the depositor;
4) In cases of impeachment;
5) Upon order of a competent court in cases of
bribery or dereliction of duty of public officials; or
6) In cases where the money deposited or
invested is the subject matter of the litigation.
Conditions:
● The money deposited itself must be the
subject matter of litigation. [Ex: the
action seeks for the recovery of the very
money contained in the deposit (Union
Bank vs. CA, G.R. No. 134699,
December 23, 1999)]
● "subject of the action" - the matter or
thing with respect to which the
controversy has arisen, concerning
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

which the wrong has been done, and

this ordinarily is the property, or the
contract and its subject matter, or the END
thing in dispute.

Where Depositor is Not a Party to the Case

● Exception applies even if depositor is
not party to the case where the bank
deposit is subject of litigation;
● Examination of deposit allowed even
on the bank deposits of someone not a
party to the case provided said bank
deposits were material or relevant to the
allegations in the complaint.
● As long as the bank deposits are
material to the case, although not
necessarily the direct subject matter
thereof, a disclosure of the same is
proper and falls within the scope of the
exceptions provided for by R.A. No.
1405. [Mellon Bank vs. Magsino, G.R.
No. 71479, October 18. 1990]

"In Camera" Inspection of Bank Accounts

● Bank records would be examined
without bringing the documents outside
the bank premises.
● Its purpose is to identify the specific
bank records prior to the issuance of the
required information not in any manner
needed in or relevant to the
investigation.

"In Camera" Inspection of Bank Accounts

Conditions for allowance:
● there must be a pending case before a
court of competent jurisdiction;
● the account must be clearly identified,
and the inspection limited to the subject
matter of the pending case before the
court of competent jurisdiction;
● the bank personnel and the account
holder must be notified to be present
during the inspection, and such
inspection may cover only the account
identified in the pending case.

Consequences of Violation
● Exclusionary Rule not applicable, such
consequence not contemplated in the
law.
● Any violation of the Act warrants the
imposition of the penalty of
imprisonment of not more than 5 years
or a fine of not more than PhP20,000.00
or both, in the discretion of the court.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
FOREIGN CURRENCY DEPOSIT ACT
RA NO. 6426
R.A. No. 6426, as amended. (FOREIGN
CURRENCY DEPOSIT ACT)
Foreign Currency Deposits (FCDs)
- The Act allows any person to and
authorizes Philippine banks to accept
deposits of foreign currencies.
- The withdrawability and transferability of
FCDs are not subject to restrictions,
except by agreement between the
depositor and the bank.
- The FC and the interest or other
incomes earned therefore are exempt
from any and all taxes.
Secrecy Of Foreign Currency Deposits -GR
● All foreign currency deposits (including
offshore banks and depository banks)
● Declared as and considered of an
absolutely confidential nature.
Scope of Absolute Confidentiality of FCDs
● In no instance shall FCDs be examined,
inquired or looked into by any person,
government official, bureau or office
whether judicial or administrative or
legislative, or any other entity whether
public or private;
● FCDs shall be exempt from attachment,
garnishment, or any other order or
process of any court, legislative body,
government agency or any
administrative body whatsoever.
FCDA's exemption from attachment,
garnishment & other orders, processes
● one of the principal purposes of the
protection accorded to FCDs is "to
assure the development and speedy
growth of the Foreign Currency Deposit
system and the Offshore Banking in the
Philippines and to draw deposits from
foreign lenders and investors.
Exception to FDA's exemption from
attachment, garnishment & other orders,
processes
● foreign currency deposit made by a
transient or a tourist is not the kind of
deposit encouraged by PD Nos. 1034
and 1035 and given incentives and
protection by said laws because such
depositor stays only for a few days in
the country and, therefore, will maintain
his deposit in the bank only for a short
time. [Salvacion vs. Central Bank, G.R.
No. 94723, August 21, 1997]
● the application of the law depends on
the extent of its justice.
Local Transfers of Foreign Currencies
● Transfers from one FDA to another
FCDA in the Philippines are now eligible
deposits under the Central Bank's
Foreign Currency Deposit System and
are within the coverage of R.A. No. 6426
entitled to the benefit of the
confidentiality provisions under Section
8 thereof.
Exception to the Absolute Confidentiality of
FCDs
● Only upon the written permission of the
depositor.
Violation of the Act
● Any willful violation of the Act shall
subject the offender upon conviction to
an imprisonment of not less than 1 year
nor more than 5 years or a fine of not
less than PhP5,000.00 nor more than
Php 20,000.00, or both such fine and
imprisonment at the discretion of the
court
END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-MONEY LAUNDERING ACT OF 2001
RA NO. 9160, AS AMENDED (RA NO. 10365 & RA
NO. 10927)
Approval:
● R. A. No. 9160 - approved on
September 29, 2001; effective on
October 17. 2001.
● R.A. No. 10167, June 6, 2012 -
amended Sections 10 & 11 of RA9160
● R.A. No. 10365 - approved on February
6, 2013, introduced
● further amendments, including Section
10, but not Section 11.
● R.A. No. 10927 - approved on July 25,
2016-includes casinos in the covered
persons; FO 20 days initial, total 60
days.
Policy for the Enactment:
● to protect and preserve the integrity and
confidentiality of bank accounts;
● to ensure that the Philippines shall not
be used as a money laundering site for
the proceeds of any unlawful activity;
● to authorize extension of cooperation in
transnational investigations and
prosecutions of persons involved in
money laundering activities wherever
committed.
"Covered Institutions", now "Covered Persons"
1. Financial entities supervised and
regulated by the BSP - banks, non-
banks, quasi-banks, trust entities,
foreign exchange dealers, pawnshops,
money changers, remittance and
transfer companies and other similar
entities, their subsidiaries and affiliates;
2. Entities/ persons supervised by the
Insurance Commission insurance
companies, pre-need companies
3. persons managing securities
rendering services as investment agent,
advisor, or consultant - securities
dealers, brokers,
4. salesmen, investment houses.
5. mutual funds, close-end investment
companies, common trust funds, and
other similar persons;
6. other entities administering or otherwise
dealing in currency, commodities or
financial derivatives based thereon,
valuable objects, cash substitutes and
other similar monetary instruments or
property supervised or regulated by the
Securities and Exchange Commission
(SEC)
Now include: (expanded)
➢ Jewelry dealers in precious metals or
precious stones, who, as a business,
trade in precious metals or precious
stones, for transactions in excess of
One million pesos (1,000,000.00);
➢ Company service providers which, as a
business, provide any of the following
services to third parties:
○ acting as a formation agent of
juridical persons;
○ acting as (or arranging for
another person to act as) a
director or corporate secretary
of a company, a partner of a
partnership, or a similar position
in relation to other juridical
persons;
○ providing a registered office,
business address or
accommodation,
correspondence or
administrative address for a
company, a partnership or any
other legal person or
arrangement;
○ acting as (or arranging for
another person to act as) a
nominee shareholder for
another person; and
➢ persons who provide any of the
following services:
○ managing of client money,
securities or other assets;
○ management of bank, savings
or securities accounts;
○ organization of contributions for
the creation, operation or
management of companies; and
or ○ creation, operation or
management of juridical
persons or arrangements, and
buying and selling business
entities.
Exclusion:
Lawyers and accountants, authorized to practice
in the Philippines, acting as independent legal
professionals in relation to information
concerning their clients or where disclosure of
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
information would compromise client
confidences or the attorney-client relationship.
"Unlawful Activity" & the Component Crimes
Any act or omission or series or combination
thereof involving or having direct relation to the
following:
● Kidnapping for ransom under Article
267, RPC;
● Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14,
15 and 16 of R.A. No. 9165,
● Dangerous Drugs Act of 2002;
● Section 3 paragraphs B, C, E, G, H and
I of R.A. No. 3019, Anti-Graft
● and Corrupt Practices Act;
● Plunder under R.A. No. 7080:
● Robbery and extortion (Arts. 294 to 296,
299 to 302 of the RPC;
● Jueteng and Masiao (illegal gambling
under PD No. 1602);
● Piracy on the high seas (RPC and PD
532)
● Qualified theft under Art. 310, RPC;
● Swindling (Art. 315) & Other Forms of
Swindling (Art. 316) RPC;
● Smuggling (R.A. Nos. 455 and 1937);
● Violations of R.A. No. 8792, (Electronic
Commerce Act of 2000);
● Hijacking and other violations under
R.A. No. 6235; destructive arson and
murder, as defined under the RPC;
● Fraudulent practices and other
violations, R.A. No. 8799 (Securities
Regulation Code of 2000); and
● Felonies or offenses of a similar nature
that are punishable under the penal
laws of other countries.
Expanded - the Component Crimes
● Terrorism and conspiracy to commit
terrorism (Sections 3 and 4 of R.A. No.
9372);
● Financing of terrorism (Sec. 4 to 8 of
R.A. No. 10168 Terrorism Financing
Prevention and Suppression Act of
2012):
● Bribery (Arts. 210, 211 and 211-A, RPC)
● Corruption of Public Officers (Art. 212,
RPC);
● Frauds and Illegal Exactions and
Transactions (Arts 213 to 216 , RPC);
● Malversation of Public Funds and
Property (Arts. 217 and 222, RPC)
● Forgeries and Counterfeiting under
Articles 163, 166, 167, 168, 169 and
176 of the Revised Penal Code, as
amended;
● Viol. of Sec. 4 to 6, R.A. No. 9208 (Anti-
Trafficking in Persons Act of 2003);
● Viol. of Sec. 78 to 79, P.D. No.. 705
(Revised Forestry Code of the
Philippines);
● Viol. of Sec. 86 to 106, R.A. No. 8550
(Philippine Fisheries Code of 1998);
● Viol. of Sec. 101 to 107, and 110, R.A.
No. 7942, (Philippine Mining Act of
1995);
● Viol. of Sec. 27(c), (e), (f), (g) and (i),
R.A. No. 9147, (the Wildlife Resources
Conservation and Protection Act);
● Viol. of Sec. 7(b), R.A. No. 9072,
(National Caves and Cave Resources
Management Protection Act);
● Viol. of R.A. No. 6539 (Anti-Carnapping
Act of 2002);
● Viol. of Sec. 1, 3 and 5, P.D. No. 1866
(Codifying the Laws on Illegal/Unlawful
Possession, Manufacture, Dealing In,
Acquisition or Disposition of Firearms,
Ammunition or Explosives);
● Viol. of R.A. No. 1612 (Anti-Fencing
Law);
● Viol. of Sec. 6 of R.A. No. 8042 (Migrant
Workers and Overseas Filipinos Act of
1995);
● Viol. of R.A No. 8293 (Intellectual
Property Code);
● Viol. of Sec. 4 of R.A. No. 9995 (Anti-
Photo and Video Voyeurism Act of
2009);
● Viol. of Sec. 4 of R.A. No. 9775, (Anti-
Child Pornography Act of 2009);
● Viol. of Sec. 5, 7, 8, 9, 10(c), (d) and (e),
11, 12 and 14 of R.A. No. 7610 (Special
Protection of Children Against Abuse,
Exploitation and Discrimination);
Money Laundering
Generally defined by the International Criminal
Police Organization (Interpol) as "any act or
attempted act to conceal or disguise the identity
of illegally obtained proceeds so that they
appear to have originated from legitimate
sources".
Sec. 4 (old) - a crime whereby the proceeds of
an unlawful activity are transacted, thereby
making them appear to have originated from
legitimate sources.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Money Laundering: Unlawful Act + Jurisdiction over Money Laundering Cases
Component Crimes
Sec. 4 (new) - no definition is provided. Now, the
act of money laundering is determined in relation
to the commission of
activities considered as "unlawful activities"
under the Act.
The amended Sec. 4, by implication, creates a
presumption of money laundering when the
monetary instrument or property represents,
involves, or relates to the proceeds of any
unlawful activity.
Money Laundering Offenses- Sec. 4 (New)
1. The act of transacting, converting,
transferring, disposing, moving,
acquiring, disposing, using, concealing,
disguising (in short, dealing in) monetary
instrument or property which represent,
involve or relates to the proceeds of
unlawful activity;
2. attempting or conspiring to commit
money laundering offenses;
3. Aiding, abetting or assisting in or
counseling the commission of money
laundering offenses;
4. Facilitating by act or omission the
commission of money laundering;
5. Failure by covered persons to report to
AMLC a covered or suspicious
transaction knowing of the requirement
for such reporting.
Money Laundering Offenses vis-à-vis
Unlawful Activity
Money laundering - dealing in monetary
instruments or property considered as proceeds
of or related to "unlawful activities".
2 crimes are committed:
1. the offense of money laundering;
2. the component crime for the "unlawful activity"
Any person may be charged with and convicted
of both the offense of money laundering and the
unlawful activity ;
New rule: Prosecution of any violation of the
AMLA shall proceed independently of the
prosecution of the unlawful activity.
Old rule: prosecution of the unlawful activity
shall take precedence over the prosecution of
violation of the AMLA, without prejudice to the
remedies provided)
● RTC
● Sandiganbayan
Functions of AMLC
All members acting unanimously
1. To require and receive covered
transaction reports from covered
institutions;
2. To issue orders to determine the true
identity of the owner of any monetary
instrument or property subject of a
covered transaction report; or on the
basis of substantial evidence, believed
to be representing, involving, or related
to the proceeds of an unlawful activity;
3. To institute civil forfeiture proceedings
and all other remedial proceedings
through the Office of the Solicitor
General;
4. To cause the filing of complaints with the
DOJ or the Ombudsman for the
prosecution of money laundering
offenses;
5. To initiate investigations of covered
transactions, money laundering activities
and other violations of the AMLA;
6. To apply before the CA, ex-parte, for the
freezing of any monetary instrument or
property alleged to be laundered,
proceeds from, or instrumentalities used
in or intended for use in any unlawful
activity as defined in Section 3(i);
7. To implement such measures as may be
necessary and justified under the AMLA
to counteract money laundering;
8. To receive and take action in respect of,
any request from foreign states for
assistance in their own anti-money
laundering operations (policy purpose:
extension of cooperation);
9. To develop educational programs on the
pernicious effects of money laundering,
the methods and techniques used in
money laundering, the viable means of
preventing money laundering and the
effective ways of prosecuting and
punishing offenders; and
10. To enlist the assistance of any branch,
department, bureau, office, agency or
instrumentality of the government,
including GOCCs, in undertaking any
and all anti-money laundering
operations, including the use of its
personnel, facilities and resources:
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
11. To require the Land Registration
Authority and all its Registries of Deeds
to submit to the AML, reports on all real
estate transactions involving an amount
in excess of P500,000.00 within fifteen
(15) days from the date of registration of
the transaction, in a form to be
prescribed by the AMLC, including the
submission of all relevant documents of
all real estate transactions.
Sec. 9: Measures for Prevention of Money
Laundering by Covered Institutions
1. Customer identification - establish and
record the true identity of its clients
based on official documents; maintain a
system of verification of client's true
identity, legal existence. organizational
structure, and authority and
identification of all persons purporting to
act on their behalf.
a. Anonymous accounts, accounts
under fictitious names, and all
other similar accounts shall be
absolutely prohibited.
2. Record keeping - all records of all
transactions of covered institutions/
records on customer identification,
account files and business
correspondence, with respect to closed
accounts, shall be maintained and
safely stored for five (5) years from the
dates of transactions or when they were
closed.
3. Reporting of Covered and Suspicious
Transactions - by covered institutions
to the AMC within 5 working days from
occurrence thereof; unless the AML
prescribes a different period not
exceeding fifteen (15) working days;
a. Bank Secrecy Law; FCDA and
the General Banking Law of
2000 shall not be deemed to
have been violated;
b. Covered institutions (officers,
employees, agents, reps.) are
prohibited from communicating
in any manner or by any means,
to any person the fact that a
covered transaction report was
made, the contents thereof or
any other information in relation
thereto. Violator, the covered
person, including the media, can
be held criminally liable.
Provisional Remedies In Aid of The
Enforcement Of The AMLA
➢ "Freeze order" authorized under Section
10; and
➢ "Bank inquiry order" authorized under
Section 11
These provisional remedies can be availed of in
the event there are violations of the AMLA, its is
not required that there be actual pending case in
court.
The bank inquiry order and freeze order may be
availed of without need of a pre-existing case
under the AMLA.
Both can likewise be availed of ex-parte.
Freeze Order -Nature
A freeze order is an extraordinary and interim
relief issued by the CA to prevent the
dissipation, removal, or disposal of properties
that are suspected to be the proceeds of, or
related to, unlawful activities
enumerated under the AMLA
Its primary objective is to temporarily preserve
such monetary instruments or property, by
preventing the owner from utilizing them during
the duration of the freeze order.
The relief is pre-emptive in character, meant to
prevent the owner from disposing his property
and thwarting the State's effort in building its
case and eventually filing civil forfeiture
proceedings and/or prosecuting the owner.
Freeze Order - Requisites
1. The application ex-parte by the AMLC;
and
2. The determination of probable cause by
the CA (Yambao vs. Republic, G.R. No.
171054, January 26, 2021]
Probable Cause for Issuance of Freeze Order
Probable cause - refers to the sufficiency of the
relation between an unlawful activity and the
property or monetary instrument; it pertains not
on the probable commission of an unlawful
activity (or money laundering) but on whether
the bank accounts, assets, or other monetary
instruments sought to be
frozen are in any way related to any of the illegal
activities enumerated under the AMLA
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Freezing of Monetary Instrument or Property
(New Rule)
1. Filing of a verified ex-parte petition by
the AMLC with the CA;
2. CA determines the existence of
probable cause that any monetary
instrument or property is in any way
related to an unlawful activity under Sec.
3(1) ;
3. The CA must act on the petition within
24 (old-72) hours from filing. If the
application is filed a day before a
nonworking day, the computation of the
twenty-four (24)-hour period shall
exclude the nonworking days.
4. CA may issue a freeze order (FO) which
shall be effective immediately;
5. The FO shall be effective for a period
not exceeding 6 months (old-15/20
days) depending upon the
circumstances of the case; initial life 20
days, within that 20 days, determine if to
be modified or extended.
6. The FO is extendible to not exceeding 6
months as limited by A.M. No. 05-11-04-
SC (Rule of Procedure in Cases of Civil
Forfeiture, Asset Preservation, and
Freezing of Monetary Instrument,
Property, or Proceeds Representing,
Involving, or Relating to an Unlawful
Activity or Money Laundering Offense,
effective on December 15, 2005):
7. A person whose account has been
frozen may file a motion to lift the freeze
order and the court must resolve this
motion before the expiration of the
freeze order;
8. If no case is filed against a person
whose account has been frozen within
the period determined by the CA, the
FO shall be deemed ipso facto lifted:
9. This new rule shall not apply to pending
cases in the courts (before 2013).;
10. No court shall issue a TRO or a writ of
injunction against any FO, except the
Supreme Court.
Authority to Inquire into Bank Deposits
(Same)
1. Apply only to deposits and investments
(transactions) made after the effectivity
of the AMLA (October 17, 2001) [even
when the bank account has been
opened prior to the existence of the
AMLA] (Republic vs. Eugenio, G.R. No.
174629, February 14, 2008);
2. The AMLC applies, ex-parte, with the
CA for authority to inquire into a bank
deposit;
3. AMLC must show the existence of
probable cause that the deposits or
investments involved are in any way
related to a money laundering offense or
unlawful activity;
4. The CA must act on the application with
24 hours from the filing thereof;
5. The CA, upon finding of probable cause,
shall issue an order authorizing the
inquiry or examination;
6. The inquiry or examination shall be
undertaken by the AMLC.
Bank Inquiry Without Judicial Order
Section 11 (maintained) also allows the AMLC to
inquire into bank accounts without having to
obtain a judicial order in cases
where there is probable cause that:
● The deposits or investments are related
to kidnapping for ransom;
● Certain violations of the Comprehensive
Dangerous Drugs Act of 2002:
● Hijacking and other violations under
R.A. No. 6235,
● Destructive arson; and
● Murder. (Republic vs. Eugenio, G.R. No.
174629, February 14, 2008);
Forfeiture
Forfeiture is the government seizure of property
connected to criminal activity.
Civil Forfeiture
The Rules of Court on Civil Forfeiture shall
apply;
Forfeiture shall include those monetary
instruments/property having an equivalent
value/property found to be related in any way to
an unlawful activity or a money laundering
offense when the former has been substantially
altered or destroyed.
Criminal Forfeiture
Criminal forfeiture - the forfeiture proceeding is
in the nature of a punishment. If an indictment is
presented the forfeiture can be
included in the criminal case and the
proceedings are criminal in nature, although
they may be civil in form. The forfeiture can be
included in the criminal case as a form of
punishment. Every penalty imposed for the
commission of a felony shall carry with it the
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

forfeiture of the proceeds of the crime and the 2. Filing of verified petition within fifteen
instruments or tools with which it was (15) days from the date of the finality of
committed. Such proceeds and instruments or the order of forfeiture;
tools shall be confiscated and forfeited in favor 3. Filing to be made by the the offender or
of the Government. any other person claiming an interest
therein;
Civil Forfeiture 4. Petition prays for a declaration that the
Civil forfeiture - the forfeiture proceeding does same legitimately belongs to him and for
not seek judgment of fine or imprisonment segregation or exclusion of the
against any person. The proceeding does not monetary instrument or property
involve the conviction of the wrongdoer for the corresponding thereto;
offense charged, thus, the proceeding is of a 5. In default of any claim, the order of
civil nature. Under statutes which specifically so forfeiture shall become final and
provide, where the act or omission for which the executory.
forfeiture is imposed is not also a misdemeanor,
such forfeiture may be sued for and recovered in Payment in Lieu of Forfeiture
a civil action. 1. The court has issued an order of
forfeiture of the monetary instrument or
Civil Forfeiture vs. Criminal Forfeiture property in a criminal prosecution for
In criminal forfeiture, the government takes any money laundering offense;
property after obtaining a conviction, as part of 2. The order cannot be enforced because
the defendant's sentence. In civil forfeiture, a the monetary instrument or property:
criminal charge or conviction is not needed; the a. cannot, with due diligence, be
government only needs to show by a located; or
preponderance of the evidence that the property b. has been substantially altered,
was used to facilitate a crime. In theory, criminal destroyed, diminished in value
forfeiture is a punishment, while civil forfeiture is or otherwise rendered worthless
remedial. Most forfeiture actions are civil. by any act or omission
attributable to the offender; or
Civil Forfeiture c. has been concealed, removed,
1. The AMLC determines the existence of converted, or otherwise
probable cause that the monetary transferred to prevent the same
instrument or property is in any way from being found or to avoid
related to an unlawful activity or a forfeiture thereof; or
money laundering offense; d. is located outside the
2. The AMLC shall file with the appropriate Philippines or has been placed
court through the OSG, a verified ex- or brought outside the
parte petition for forfeiture; jurisdiction of the court; or
3. Issuance by competent court of the e. has been commingled with other
order of forfeiture. monetary instruments or
property belonging to either the
❖ A criminal conviction for an unlawful offender himself or a third
activity is not a prerequisite for the person or entity, thereby
institution of a civil forfeiture proceeding; rendering the same difficult to
a finding of guilt for an unlawful activity identify or be segregated for
is not an essential element of civil purposes of forfeiture.
forfeiture. 3. The court may issue an order to the
convicted offender to pay an amount
Claim on Forfeited Assets - Civil & Criminal equal to the value of said monetary
Forfeiture instrument or property.
1. The court has issued an order of
forfeiture of the monetary instrument or Mutual Assistance among States
property in a criminal prosecution for 1. Request for Assistance from a
any money laundering offense; Foreign State
● AMLC may execute the request by:
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

○ tracking down, freezing,

restraining and seizing assets;
○ giving information needed by
the foreign State;
○ applying for an order of
forfeiture
● AMC may refuse to execute the request
(request contravenes the Constitution or
prejudicial to national interest) and
inform the foreign State the reason for
not executing the request or for delaying
the execution.
● The principles of mutuality and
reciprocity shall, for this purpose, be at
all times recognized.
2. Obtaining Assistance from Foreign
States.
● The documents accompanying the
request in support of the application
have been duly authenticated in
accordance with the applicable law or
regulation of the foreign State;
● The request is accompanied by an
authenticated copy of the order of the
regional trial court ordering the forfeiture
of said monetary instrument or property
of a convicted offender and an affidavit
of the clerk of court stating that the
conviction and the order of forfeiture are
final and that no further appeal lies in
respect of either

Prohibitions Against Political Harassment

AMLA shall not be used for political persecution
or harassment or as an instrument to hamper
competition in trade and commerce.

No case for money laundering may be filed

against and no assets shall be frozen, attached
or forfeited to the prejudice of a candidate for an
electoral office during an election period.

AML and the BIR

AMLA does not allow the AMLC to participate in
any manner in the operations of the BIR.

Penalties
Penalty for the crime: imprisonment & fine,
without prejudice to the imposition of
administrative liability

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002
R.A. NO. 9165
Effectivity:
RA 9165 was enacted into law on June 7, 2002.
Purpose:
- to safeguard the integrity of its territory
and the well-being of its citizenry,
particularly the youth, from the harmful
effects of dangerous drugs on their
physical and mental well-being, and to
defend the same against acts or
omissions detrimental to their
development and preservation.
Unlawful Acts under RA 9165
1. Section 4: Importation
2. Section 5: Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation.
3. Section 6: Maintenance of a Den, Dive,
Resort
4. Section 7: Employees & Visitors of a Den,
Dive, Resort
5. Section 8: Manufacture
6. Section 9: Illegal Chemical Diversion
7. Section 10: Manufacture/Delivery
Equipment, Instrument, Apparatus,
Paraphernalia (EIAP)
8. Section 11: Possession of Dangerous Drugs;
9. Section 12: Possession of ElAP
10. Section 13: Possession of Drugs During
Parties, Social Gatherings, Meetings (PSGM)
11. Section 14: Possession of ElAP during
PSGM
12. Section 15: Use
13. Section 16: Cultivation or Culture of Plants
14. Section 17: Violation or Failure to
keep/maintain required original records of
transactions on dangerous drugs.
15. Section 18: Unnecessary Prescription
16. Section 19: Unlawful Prescription
17. Section 37: Issuance of False or Fraudulent
Drug Test Result
Section 4: Importation of DD
● Importation - bringing into the
Philippines any dangerous drug,
controlled precursor or essential
chemicals.
● The prime essential of the charge of
importation is that said drugs were
brought to the Philippines from a
foreign origin. (People vs. Chi Chan
Liu, G.R. No. 189272, January 21, 2015)
Penalty - regardless of quantity or purity
● Dangerous Drugs - LI to Death & Fine
(P500k to P10M)
● Controlled Precursor/Essential Chemical
- 12y, 1d to 20y & Fine (P100k to
P500k)
● Qualifying circumstances - maximum
penalty:
1. Use of a diplomatic passport, diplomatic
facilities, or any other means involving
his/her official status intended to
facilitate the unlawful entry of the same;
2. If the offender organizes, manages or
acts as "financier".
Section 5: Sale, Trading, Administration,
Delivery, Distribution & Transportation of DD
● Offender: Any person or group of
persons, who, unless authorized by law,
shall:
1. sell, trade or administer, dispense,
deliver, give away to another, distribute,
dispatch in transit or transport any
of dangerous drug;
2. act as a broker in any of such
transactions; or
3. act as "protector/ coddler" of any violator
of Section 5.
Penalty - regardless of quantity or purity
● Dangerous Drugs - LI to Death & Fine
(P500k to P10M)
● Controlled Precursor or Essential
Chemical - 12y, 1d to 20y & Fine (P100k
to P500k)
● Qualifying circumstances - maximum
penalty:
1. The act transpired within 100 meters
from the school;
2. Use of minors or mentally incapacitated
individuals as runners, couriers and
messengers, or in any other capacity;
3. The victim is a minor or a mentally
incapacitated individual;
4. If dangerous drugs and/or controlled
precursor and essential chemicals
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
involved in the offense is the
approximate cause of death of a victim;
5. The offender is the organizer, manager
or "financer".
Requisites - Sale of DD
1.Proof that the transaction or sale took place;
○ Here, the following must be satisfactorily
proved:
i. of the buyer and seller, the
object of the sale, the
consideration; and
ii. the delivery of the thing sold and
the payment thereof.
1. In the crime of illegal sale
identity of dangerous drugs, the
delivery of the illicit drug to the
buyer who receives the same
and the receipt by the seller of
the consideration for the sale,
consummates the illegal
transaction. There must be a
passing of possession.
2.The presentation in court of the corpus delicti or
the illicit drug as evidence.
Transportation of DD
● "to carry or convey from one place to
another"
● The movement of dangerous drugs from
one place to another.
● The accused must have moved the
drugs some distance.
● Possession of considerable quantity of
prohibited drugs, coupled with the fact
that the possessor is not a user thereof,
indicate the intention to sell, distribute or
deliver the prohibited drugs.
The Sale, Trading, Administration,
Dispensation, Delivery, Distribution &
Transportation of DD
● "necessarily includes the crime of illegal
possession of dangerous drugs.
Section 6: Maintenance Of A Den, Dive,
Resort
● Committed by any person or group of
persons who shall:
1. Maintain a den, dive or resort
where any dangerous drug
and/or any controlled precursor
and essential chemical is used
or sold in any form; and
2. Act as a "protector/coddler" of
any violator of Section 6.
● Qualifying circumstances - maximum
penalty:
1. If any dangerous drug is
administered, delivered or sold
to a minor who is allowed to
use the same in such den, dive
or resort;
2. If the approximate cause of
death of a person using the
same in such den, dive or resort
is any dangerous drug, the
death penalty shall be imposed
on the maintainer, owner and/or
operator;
3. If the offender organizes,
manages or acts as "financier"
of such illegal activities.
Section 7: Employees & Visitors Of A Den,
Dive, Resort
● A drug den is a lair or hideaway where
prohibited or regulated drugs are used in
any form or are found.
● Persons are liable:
1. Any employee of a den, dive or
resort, who is aware of the
nature of the place as such;
2. Any person who is aware of the
nature of the place as such and
still knowingly visit the same.
● Before a person maybe convicted under
this section, it must be shown that he or
she knew that the place visited was a
drug den, and still visited the place
despite this knowledge.
Section 8: Manufacture of DD/CPEC
● The presence of any controlled
precursor and essential chemical or
laboratory equipment in the clandestine
laboratory is a prima facie proof of
manufacture of any dangerous drug.
● Committed by:
1. any person, who, unless
authorized by law, shall engage
in the manufacturer of any
dangerous drugs and/or any
controlled precursor and
essential chemical;
2. Any person who acts as a
"protector/ coddler" of any
violator of Section 8
● Qualifying Circumstances:
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

1. If the clandestine laboratory is convert, produce, process, prepare,

undertaken or established under test, analyze, pack, repack, store,
the following circumstances: contain or conceal any DD and/or
a. any phase of the CP/EC in violation of the law;
manufacturing process 2. It will be used to inject, ingest, inhale or
was conducted in the otherwise introduce into the human
presence or with the body.
help of minors; or is
established or ● Qualifying Circumstances - maximum
undertaken within 100 penalty.
meters of a residential, ○ The offender uses a minor or a
business. church or mentally incapacitated individual
school premises; to deliver such equipment,
b. Any clandestine instrument, apparatus, and
laboratory was secured other paraphernalia for
or protected with booby- dangerous drugs.
traps;
c. or concealed with Section 11: Possession Of Dangerous Drugs
legitimate business ● The elements of illegal possession of
operations; prohibited drugs:
d. Any employment of a 1. The accused was in
practitioner, Chemical possession of an item or an
engineer, public official object identified to be a
or a foreigner. prohibited or regulated drug;
2. If the offender organizes, 2. Such possession is not
manages or acts as a "financier" authorized by law; and
of any/ all the illegal activities 3. The accused was freely and
under Section 8. consciously aware of being in
possession of the drug.
Section 9: Illegal Chemical Diversion ● In case of possession of dangerous
● "Chemical diversion" refers to the drugs or drug paraphernalia, intent to
sale, distribution, supply or transport of possess (animus possidendi) must be
legitimately imported, manufactured or proved.
procured controlled precursors and ● Possession includes not only actual
essential chemicals to any person or possession, but also constructive
entity engaged in the manufacture of possession.
any dangerous drug; or concealment of ● Actual possession exists when the
such transaction through fraud, drug/paraphernalia is in the immediate
destruction of documents, fraudulent physical possession or control of the
use of permits, misdeclaration, use of accused.
front companies or mail fraud. ● Constructive possession exists when
● Committed by any person who performs the drug/paraphernalia is under the
the foregoing acts without authority of dominion and control of the accused or
law. when he has the right to exercise
dominion and control over the place
Section 10: Manufacture Or Delivery Of ElAP where it is found. Exclusive possession
for DD/CP & EC or control is not necessary.
● The accused cannot avoid conviction if
● Punishable acts: Delivery, possession his right to exercise control and
with intent to deliver, manufacture with dominion over the place where the
intent to deliver ElAP for DD and/or contraband is located, is shared with
CP/EC knowing or under circumstances another.
where one reasonably should know, ● However, the prosecution must prove
that: that the accused had knowledge of the
1. It will be used to plant, propagate, existence and presence of the
harvest, manufacture, compound,
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
drug/paraphernalia in the place under
his control and dominion.
● Since such required knowledge is an
internal act, the same may be presumed
from the fact that the dangerous drugs is
in the house or place over which the
accused has control or dominion, or
within such premises in the absence of
any satisfactory explanation.
● Awareness of Being in Possession of
the Drug - Intent to Possess
○ How proved?
■ Mere possession of a
regulated drug per se
constitutes prima facie
evidence of knowledge
or animus possidendi
(intent to possess)
sufficient to convict an
accused absent a during PSGM;
satisfactory
explanation of such
possession - the onus
probandi (burden of
proof) is shifted to the
accused, to explain the
absence of knowledge
or animus possidendi.
Penalty: Depends on the Quantity of the DD
● LI to Death & Fine (P500k to P10M)
○ 10 grams or more - opium,
morphine, heroin, cocaine,
marijuana resin or marijuana
resin oil, other dangerous drugs.
○ 50 grams or more - shabu
○ 500 grams or more - marijuana
● LI & Fine (P400k to P500k)
○ 10 grams to less than 50 grams
of shabu
● 20y & 1d to LI & Fine (P400k to P500k)
○ 5 grams to less than 10 grams
of opium, morphine, heroine,
cocaine, marijuana resin or
marijuana resin oil, shabu, other
dangerous drugs;
○ 300 grams to less than 500
grams of marijuana.
● 12v & 1d to 20y & Fine (P300k to
P400k)
○ Less than 5 grams of of opium,
morphine, heroine, cocaine,
marijuana resin or marijuana
resin oil, shabu, other
dangerous drugs;
○ less than 300 grams of
marijuana.
Section 12: Possession Of ElAP For DD
● EIAP for DD - fit or intended for
smoking, consuming, administering,
injecting, ingesting, or introducing any
dangerous drug into the body.
● Mere possession of such ElAP shall be
prima facie evidence that the possessor
has smoked, consumed, administered to
himself/herself, injected, ingested, or
used a dangerous drug and shall be
presumed to have violated Section 15 of
the law on use of dangerous drugs.
Section 13: Possession Of DD During PSGM
● Committed by:
1. Any person found in possession of DD
2. Any person found in possession of DD
in the approximate company of at least
two persons.
Section 14: Possession of ElAP for DD in
PSGM.
Committed by:
1. Any person who shall possess or have
under his/ her control any ElAP fit or
intended for smoking, consuming,
administering, injecting, interesting, or
introducing any DD into the body, during
PSM:
2. Any person who shall possess or have
under his/ her control any EIAP fit or
intended for smoking, consuming,
administering, injecting, or introducing
any DD into the body or in the
approximate company of at least two (2)
persons.
Section 15: Use of DD
Committed by:
1. Any person apprehended or arrested,
who is found to be positive for use of
any dangerous drug after the
confirmatory test; and
2. Any person found to have in his/her
possession such quantity of any
dangerous drug.
● If the person apprehended in number
one above is a first-time offender, he/
she shall be committed to a minimum of
six months of rehabilitation in a
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
government center; if a second-time
offender, he/she shall suffer criminal
liability.
Section 15: 2 Distinct Drug Tests Required
A conviction for illegal use of DD presupposes
the prior conduct of an initial screening test and
a subsequent confirmatory test both yielding
positive results for illegal drug use.
Section 15: Use of DD - 2 Tests Required
1. Initial screening test within twenty-four
(24) hours from apprehension, if the
arresting officer has reasonable ground
to believe that the person arrested, on
account of physical signs or other visible
manifestation, is under the influence of
DD;
2. If initial screening test yields positive
results, it shall be challenged within
fifteen (15) days after receipt of the
result through confirmatory test;
3. If the confirmatory test yields positive
result, the same shall be prima facie
evidence that such person has used
dangerous drugs. [Peo. Vs. Lopez, G.R.
No. 247974, July 13, 2020]
Section 15: Mandatory Drug Testing
The drug test required under this section does
not cover persons apprehended or arrested for
any unlawful act, but only for unlawful acts
listed under Article II of RA 9165.
Section 16: Cultivation or Culture of Plants
Classified as DD or are Sources thereof.
Committed by any person who:
1. shall plant, cultivate or culture
marijuana, opium poppy or any other
plant regardless of quantity, which are
classified as a dangerous drug or as a
source from which any dangerous drug
maybe manufactured or derived; or
2. Shall act as a "protector/ coddler" of any
violator of Section 16.
Section 17: Failure To Maintain & Keep
Original Records Of Transactions of DD
andor CP & EC
● Committed by any practitioner,
manufacturer, wholesaler, importer,
distributor, dealer or retailer who
violates or fails to comply with the
maintenance and keeping of the original
records of transactions on any
dangerous drug and/or controlled
precursor and essential chemical in
accordance with Section 40.
● The practitioner's license to practice
profession shall likewise be revoked.
Section 18:Unnecessary Prescription of DD
● Committed by any person who shall
prescribe any dangerous drug to any
person whose physical or
physiological condition does not
require the use or in the dosage
prescribed therein, as determined by
the Dangerous Drugs Board in
consultation with recognized competent
experts.
● The practitioner's license to practice
shall likewise be revoked.
Section 19: Unlawful Prescription of DD
● Committed by any person who shall
make or issue a prescription or any
other writing purporting to be a
prescription for any dangerous drug.
Section 20: Confiscation and Forfeiture of
the Proceeds or Instruments of the Unlawful
Acts
The properties subject to forfeiture:
1. All the proceeds and properties derived
from the unlawful act, (money and other
assets obtained thereby); and
2. The instruments or tools with which the
particular unlawful act was committed,
unless they are the property of a third
person not liable for the unlawful act.
Section 20: The properties subject of escheat
in favor of the State
The properties subject to forfeiture:
1. All the proceeds and properties derived
from the unlawful act, (money and other
assets obtained thereby); and
2. The instruments or tools with which
the particular unlawful act was
committed, unless they are the property
of a third person not liable for the
unlawful act.
3. The land and/or greenhouses on
which plant sources of dangerous drugs
are cultivated or cultured, unless the
owner thereof can prove lack of
knowledge of such cultivation or culture
despite the exercise of due diligence on
his/her part.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
4. the den, dive or resort where any
prohibited drug is used or sold in any
form, if owned by a third person.
Section 20: Escheat of Properties
● In the criminal complaint the owner must
be named as an accused and must
specifically allege that that place is
intentionally used in the furtherance of
the crime.
● The prosecution must also prove intent
on the part of the owner to use the
property for such purpose.
● The PDEA shall take charge and have
custody of all dangerous drugs as well
as instruments, paraphernalia or
equipment confiscated, seized or
surrendered for proper disposition.
● Those which are not of lawful commerce
shall be ordered destroyed without
delay.
Section 21: The Chain of Custody of DD/EIAP
● This section prescribes the rules on the
inventory or accounting of seized or
confiscated illegal drugs, or what is
called the "chain of custody rule".
● The chain of custody rule must be
observed and the identity of the seized
drugs or corpus delicti must be
preserved and established.
● The chain of custody rule not only
protects persons from frame up or
fictitious search but also protects the
apprehending officers from charges of
planting of evidence, theft or robbery
and/or other violations.
Section 21: Corpus Delicti & Chain of
Custody
● The dangerous drug itself constitutes
the very corpus delicti of the offense and
the fact of its existence is vital to a
judgment of conviction.
● Applies whether the seizure was by
virtue of a warrant or by warrantless
seizure/buy-bust operation.
● Compliance with the procedure
prescribed under Section 21 is
mandatory.
● Narcotic substances are not readily
identifiable. To determine their
composition and nature, they must
undergo scientific testing and analysis.
Narcotic substances are also highly
susceptible to alteration, tampering, or
contamination.
● It is imperative, therefore, that the drugs
allegedly seized from the accused are
the very same objects tested in the
laboratory and offered in court as
evidence.
● The chain of custody, as a method of
authentication, ensures that
unnecessary doubts involving the
identity of seized drugs are removed.
● It is essential that the following matters
be established beyond reasonable
doubt or with unwavering exactitude:
1. the identity of the prohibited drug;
and
2. the fact that the substance confiscated
is the same substance offered in court
as exhibit must also be established with
the same unwavering exactitude.
● The chain of custody requirement
performs the function of ensuring
that unnecessary doubts concerning
the identity of the evidence are
removed.
The Chain of Custody Rule
As a method of authenticating evidence, the
chain of custody rule requires that the
admission of an exhibit be preceded by
evidence sufficient to support a finding that
the matter in question is what the proponent
claims it to be.
It requires the identification of the persons who
handled the confiscated items for the purpose of
duly monitoring the authorized movements of
the illegal drugs and/or drug paraphernalia from
the time they were seized from the accused until
the time they are presented in court.
The 4 Links in the Chain of Custody
1. The seizure, marking &
photographing of the illegal drug
recovered from the accused by the
apprehending officer, in the presence of
the required witnesses;
2. The turnover of the illegal drug seized
by the apprehending officer to the
investigating officer;
3. The turnover by the investigating officer
of the illegal drug to the forensic
chemist for laboratory examination; and
4. The turnover and submission of the
marked illegal drug seized from the
forensic chemist to the court.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

2. Seizure by virtue of a search warrant

Chain of Custody - How to Sufficiently - the physical inventory and taking of
Establish photographs shall be conducted at the
● It includes testimony about every link place where the said search warrant
in the chain, from the moment the item was served.
was picked up to the time it is offered
into evidence, in such a way that every 1st Chain: Seizure, Marking & Photographing
person who touched the exhibit would 1. Seizure & confiscation of the DD/IEAP;
describe how and from whom it was 2. The apprehending team shall
received, where it was and what immediately conduct a physical
happened to it while in the witness' inventory of the seized items;
possession, the condition in which it 3. The apprehending team shall
was received and the condition in which photograph the seized items and the
it was delivered to the next link in the conduct of the inventory;
chain. 4. The inventory must be made in the
● These witnesses would then describe presence of:
the precautions taken to ensure that a. the accused or the persons from
there had been no change in the whom such items were
condition of the item and no opportunity confiscated and/or seized, or
for someone not in the chain to have his/her representative or
possession of the same. counsel;
b. 3 insulating witnesses -
1" Chain: Seizure, Marking & Photographing representative from (1) the
● Crucial in proving chain of custody is the media; (2) the NPS/DOJ
marking of the seized drugs or other (attached agencies or other
related items immediately after they are State agents esp. in air/sea
seized from the accused for this is the port, customs check,
starting point in the custodial link and checkpoint, moving vehicle,
because succeeding handlers of the Terry search, lawful arrest, plain
specimens will use the markings as view, etc.) [Peo vs. Veloo, G.R.
reference. No. 252154, March 4, 2021];
● marking of the evidence serves to and (3) any elected public
separate the marked evidence from the official.
corpus of all other similar or related 5. The above persons shall be required to
evidence from the time they are seized sign the copies of the inventory and
from the accused until they are disposed be given a copy thereof;
of at the end of criminal proceedings,
obviating switching, "planting" or 2nd Chain: to the Investigating Officer
contamination of evidence. 6. The seized items should be placed in an
● failure to mark the drugs immediately envelope or an evidence bag unless the
after they were seized from the accused type and quantity of these items require
casts doubt on the prosecution a different type of handling and/or
evidence, warranting acquittal on container;
reasonable doubt. This duty to establish 7. The evidence bag or container shall
the chain of custody of the seized drugs accordingly be signed by the handling
is placed upon the law enforcers. officer and turned over to the
investigating officer;
1st Chain: Seizure & Marking-Venue of 8. The investigating officer (must be
Inventory identified during trial shall) conduct the
proper investigation and prepare the
1. Warrantless Seizure / buy-bust necessary documents for the developing
operation - the physical inventory and criminal case;
taking of photographs can be conducted
at the nearest police station or at the
nearest office of the apprehending team. 3rd Chain: to the Forensic Chemist
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
9. The investigating officer shall cause the
delivery of the illegal drug to the forensic
laboratory (within 24 hours from
seizure). The one who received the DD
in the laboratory should be identified;
10. The forensic chemist/laboratory
technician will test and verify the nature
of the substance/ conduct quantitative
and qualitative examination;
11. The forensic chemist/laboratory
technician shall prepare a report as to
the outcome of his/her
verification/examination or issue a
certification as to the results of the
examination (within 24 hours from
receipt;
4'' Chain: Production of DD in Court
12. The marked DD seized and examined
shall be turned-over by the forensic
chemist to the court. [Tumabini vs.
People, G.R. No. 224495, February 19,
2020]
Non-Compliance with the CoC Rule
General Rule: The accused should be acquitted
because an element of the crime (identity of the
SS) has not been established
beyond reasonable doubt.
Exception: The prosecution is able to:
1. Explain the reasons behind the
procedural lapses and attempt to
substantially comply with the procedure;
and
2. Show that the integrity and evidentiary
value of the seized evidence had been
preserved.
Effect of Non-Compliance with the CoC Rule
● As to the validity of the arrest &
admissibility of the evidence:
○ Non-compliance with the chain
of custody rule will not render
the arrest illegal nor the
evidence adduced against the
accused inadmissible provided
(saving clause) that there is
substantial compliance with
Section 21 and no violation of
Section 86.
● As to the application of the
presumption of regularity in the
performance of official duty:
○ The prosecution loses the
benefit of invoking the
presumption of regularity and
bears the burden of proving -
with moral certainty - that the
illegal drug presented in court is
the same drug that was
confiscated from the accused
during his arrest.
● The defect/non compliance with the
COC Rule can be raised for the first
time in appeal.
The Saving Clause
The saving clause applies only when:
1. The prosecution recognized the
procedural lapses;
2. The prosecution explained the cited
justifiable grounds which must be stated
in the apprehending officers' sworn
affidavit, coupled with a statement on
the steps they took to preserve the
integrity of the seized item; and
3. The prosecution established that the
integrity and evidentiary value of the
evidence seized had been preserved.
Principles: Non-Compliance with the CoC
Rule
● The exception will only be triggered by
the existence of a ground that justifies a
departure from the general rule.
● What is important is that the identity of
the DD must be established with moral
uncertainty.
● Where there is serious doubt whether
the drug presented in court is the same
drug recovered from the accused, the
prosecution failed to prove beyond
reasonable doubt the identity of the
corpus delicti.
● The application of the chain of custody
rule for a considerable amount of drugs
need not be necessarily of the same
level of strictness as that applied to
miniscule amounts which are more
prone to tampering loss or mistake.
[Peo. Vs. Holgado]
Compliance with the Procedure
(minor deviations)
● The integrity of the evidence is
presumed to have been preserved
unless there is showing of bad faith, ill
will, or proof that the evidence has been
tampered with.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● The accused bears the burden of
showing the evidence was tampered or
meddled with in order to overcome the
presumption of regularity in the handling
of exhibits by public officers and the
presumption that public officers properly
discharged their duties.
Section 23: Plea-bargaining
● any person charged for violation of RA
9165 regardless of the imposable
penalty, shall not be allowed to or avail
of the provisions on plea-bargaining.
● This, however, was declared
unconstitutional for being contrary to the
rule making authority of the Supreme
Court under Section 5(5), Article VIII of
the 1987 Constitution (Estipona vs.
Judge Lobrigo, G.R. No. 226679,
August 15, 2017)
● As it now stands, plea bargaining in
drug cases is allowed, subject to A.M.
No. 18-03-16-SC (Plea Bargaining
Framework In Drugs Cases).
● A plea bargain still requires mutual
agreement of the parties (the State as
the offended party and the accused) and
remains subject to the approval of the
court.
● The acceptance of an offer to plead
guilty to a lesser offense is not
demandable by the accused as a matter
of right but is a matter addressed
entirely to the sound discretion of the
trial court. [People vs. Borras, G.R. No.
250295, March 15. 20211]
Section 24: No Probation For Drug
Traffickers And Pushers
● Any person convicted for drug trafficking
or pushing, regardless of the penalty
imposed, cannot avail of the privilege
granted by the Probation Law.
● Violations of Sections 4 & 5.
Section 25: Qualifying Aggravating
Circumstances in the Commission of a crime
by an offender under the influence of
Dangerous Drugs
● A positive finding for the use of
dangerous drugs shall be a qualifying
aggravating circumstance in the
commission of a crime by an offender,
and the application of the penalty
provided for in the PC shall be
applicable.
Section 26: Attempt / Conspiracy as a Crime
● Any attempt or conspiracy to commit the
following unlawful acts shall be
penalized by the same penalty
prescribed for the commission
(consummated crime) of the same as
provided under the law:
1. Importation;
2. Sale, trading, administration,
dispensation, delivery, distribution and
transportation;
3. Maintenance of a den, dive or resort
where any DD are used in any form;
4. Manufacture of any DD and/or CP and
EC;
5. Cultivation or culture of plants which are
sources of dangerous drugs.
Section 28: Criminal Liability Of Government
Officials and Employees.
● The maximum penalties of the unlawful
acts provided for in this law shall be
imposed, in addition to absolute
perpetual disqualification from any
public office, if those found guilty of such
unlawful acts are government officials
and employees.
Section 29: Criminal Liability, Planting Of
Evidence
● "planting of evidence" refers to the
willful act by any person of maliciously
and surreptitiously inserting, placing,
adding or attaching directly or indirectly,
by any overt or covert act, whatever
quantity of any DD and/or CP and EC in
the person, house, effects or in
immediate vicinity of an innocent
individual for the purpose of
implicating, incriminating or imputing
the commission of any violation of
RA 9165.
Section 30: Criminal Liability, Juridical
Entities.
● The partner, president, director,
manager, trustee, estate administrator,
or officer of a partnership, corporation,
association or any juridical entity, shall
be held criminally liable as co-principal
when he/she:
1. consents to or knowingly
tolerates such violation;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
2. knowingly authorize, tolerate or
consent to the use of a vehicle,
vessel aircraft, or other facility
owned by or under the control or
supervision of the juridical entity
to which they are affiliated, as
an instrument in the importation,
sale,delivery, distribution,
transportation of DD or chemical
diversion.
Section 31: Additional Penalty If Offender is
an Alien.
● Immediate deportation without further
proceedings after service of sentence,
unless the death penalty is imposed.
Section 32: Liability Of A Person Violating
Regulation Issued By The Board.
● Any person found violating any
regulation duly issued by the Board
pursuant to the law shall incur criminal
as well as administrative liability.
Section 33: Immunity, Prosecution &
Punishment
Conditions for exemption from prosecution or
punishment:
1. The informant/witness has violated Sec.
7, 11, 12, 14, 15 & 19;
2. The informant/witness does not appear
to be the most guilty for the offense with
reference to which his/her testimony
were given;
3. There is no direct evidence available for
the State except for the information or
testimony of the said or
informant/witness;
4. The offender voluntarily gives
information about any violation of
Sections 4, 5, 6, 8,10, 13, and 16; or
voluntarily gives information about
violations of the offenses mentioned if
committed by a drug syndicate; or any
information leading to the whereabouts,
identities and arrests of all or any of the
members thereof;
5. The offender willingly testifies against
such persons as described above.
Section 33: Principles on Immunity
● The immunity shall not attach should it
turn out subsequently that the
information and/or testimony is false,
malicious or made only for harassing,
molesting or in anyway prejudicing the
persons against whom such information
or testimony is directed against.
● In such cases, the informant or witness
shall be subject to prosecution, and the
enjoyment of all rights and benefits
previously accorded him by law or order
shall be deemed terminated.
● In case the informant or a witness fails
or refuses to testify without just cause,
or should he/she violate any condition
accompanying such immunity, his/her
immunity shall be removed and he/she
shall likewise be subject to contempt
and/or criminal prosecution.
Section 35: Accessory Penalties.
A person convicted under the law shall be
disqualified to exercise his/her civil rights such
as but not limited to:
1. the rights of parental authority or
guardianship, either as to the person or
property of any ward;
2. the rights to dispose of such property by
any act or any convenience inter vivos;
and
3. political rights such as but not limited to
the right to vote and be voted for.
Section 37: Issuance, Fraudulent Drug Test
Results
● Committed by any person authorized,
licensed or accredited to conduct drug
examination or test, and who issues
false or fraudulent drug test results
knowingly, willfully or through gross
negligence.
● The practitioner's license to practice
his/her profession shall be revoked and
the drug testing center shall be closed.
Section 66: Suspension Of Sentence, First-
time Minor Offender
● The offender must be over 15 years of
age at that time of the commission of the
offense of possession of DD (Section
11) but not more than 18 years of age at
the time of promulgation of judgment,
subject to the following conditions:
1. Offender has not been
previously convicted of violating
any provisions of RA 9165; or of
the PC ; or of any SPLs;
2. The offender has not been
previously committed to a
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Rehab. Center or to the care of
a DOH accredited physician;
3. The Board favorably
recommends that the offender's
sentence be suspended.
Section 66: Suspension Of Sentence, First-
time Minor Offender
● The offender shall be under the
supervision and the rehabilitative
surveillance of the Dangerous Drugs
Board, under the condition that the court
may impose, for a period ranging from
six (6) months to 18 months, while
under suspended sentence.
● In the case of minors under 15 years of
age at the time of the commission of any
offense penalized under RA 9165,
Article 192 of PD 603 shall apply,
without prejudice to the application of
Section 66.
Section 70: Probation/Community
Imprisonment - First-time Minor Offender
Service
● In Lieu of in lieu of imprisonment, the
court may, in its discretion, impose
community service or place the offender
under probation even when the
sentence is higher than that allowed
under the Law on Probation.
Section 72: Violation of Confidentiality of
Records
● Violation of this section is committed by
any drug dependent under voluntary
submission programs, or anyone who,
having gained possession of said
records, whether lawfully or not, reveals
their content to any person other than
those charged with the prosecution of
the offenses under the law.
● When the offender is a government
official or employee, the maximum
penalty shall be imposed, in addition to
absolute perpetual disqualification from
any public office.
● If the record be used for unlawful
purposes, the penalty imposed for the
crime of violation of confidentiality shall
be in addition to whatever crime he/she
may be convicted of.
Section 91: Responsibility & Liability Of Law
Enforcement Agencies & Other Government
Officials & Emplovees as Prosecution
Witnesses
● Committed by any member of law
enforcement agencies or any other
government employee who, after due
notice, fails or refuses intentionally or
negligently, to appear as a witness,
without any valid reason.
● The offender's criminal liability under RA
No. 9165 is without prejudice to the
administrative liability that maybe
imposed on him by his immediate
superior and/ or appropriate body.
● The offender's immediate superior or a
responsible government officer, likewise,
shall be liable under the law when:
1. Despite due notice to him and to
the witness concerned, he does
not exert reasonable effort to
present such witness to the
court;
2. He does not notify the court
where the case is pending of the
order to transfer or reassign the
said member of the law
enforcement agency or
government employees within
24 hours from its approval.
Section 92: Delay & Bungling In The
Prosecution
● Any government officer or employee
tasked with the prosecution of drug-
related cases and who, through patent
laxity, inexcusable neglect,
unreasonable delay or deliberately
causes the unsuccessful prosecution
and/ or dismissal of the said cases.
Concepts & Principles
● The Philippine Drug Enforcement
Agency(PDEA) is the lead agency to
conduct anti-drug operations; the PNP,
NBI and other law enforcement
agencies who are working in
coordination with PEA are considered as
authorized PDEA personnel in anti-drug
operations.
● The provisions of the PC shall not apply
to the provisions of RA 9165, except in
the case of minor offenders.
On Possession
● In case of possession of DD or drug
paraphernalia, intent to possess (animus
possidendi) must be proved.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● Possession includes not only actual
possession, but also constructive
possession.
● Actual possession exists when the
drug/paraphernalia is in the immediate
physical possession or control of the
accused.
● Constructive possession exists when
the drug/paraphernalia is under the
dominion and control of the accused or
when he has the right to exercise
dominion and control over the place
where it is found.
● Exclusive possession or control is not
necessary.
● Accused cannot avoid conviction if his
right to exercise control and dominion
over the place where the contraband is
located, is shared with another.
● However, the prosecution must prove
that the accused had knowledge of the
existence and presence of the
drug/paraphernalia in the place under
his control and dominion.
● Such required knowledge may be
presumed from the fact that the
dangerous drugs is in the house or
place over which the accused has
control or dominion, or within such
premises in the absence of any
satisfactory explanation.
On Transportation
● In illegal possession or transportation of
prohibited drugs, the ownership thereof
is immaterial.
● Mere possession of illegal drugs gives
rise to the disputable presumption that
the possessor is the owner thereof.
● The sole claim of lack of knowledge that
what he or she is possessing is a
dangerous drug is insufficient to defeat
the presumption.
On Sale
● Possession is necessarily included in
the sale of dangerous drugs because for
the accused to be able to trade,
administer, dispense, deliver, giveaway
to another, distribute, dispatch in transit,
or transport any dangerous drugs, he
must be necessarily be in possession of
said drugs.
Residue Possession vs. Use
● When the presence of DD is only and
solely in the form of residue and the
confirmatory test required is positive for
use of dangerous drugs, it would be
more in keeping with the objective of the
law to rehabilitate drug users and
provide them with an opportunity to
recover for a second chance at life, to
file a case for illegal use under Section
15 rather file a case for illegal
possession under Section 11 because
Section 15 would require first-time
offenders of drug use a minimum of six
months rehabilitation in a Government
center as penalty.
Drug Testing of Persons Arrested for
Committing any other Crime
● Drug testing to all persons arrested or
apprehended not only for unlawful acts
under RA 9165 but for all other crimes is
tantamount to a mandatory testing of all
persons apprehended or arrested for
any crime which can never be random
and suspicionless and would violate a
person's Constitutional right to privacy
and right against self-incrimination.
R.A. No. 9165 vs. RPC
● Section 98 of RA 9165 expressly
provides for the limited application of the
provisions of the Revised Penal Code
on said law.
● The PC shall no longer apply to the
provisions of RA 9165 except when the
offender is a minor.
● Where the offender is a minor, the
penalty for acts punishable by life
imprisonment to death provided in the
same law shall be reclusion perpetua to
death.
● Thus, the penalty can now be graduated
as it has adopted the technical
nomenclature of penalties provided for
in the RPC.
● Accordingly, the presence of privilege
mitigating circumstance of minority can
reduce the penalty by the appropriate
degree.
● The ISL is also applicable.
END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-ILLEGAL NUMBERS GAME LAW
P.D. NO. 1602, AMENDED BY RA 9287
Approval:
● P.D. 1602 - issued on June 11, 1978
(Illegal Gambling Games)
● R.A. NO. 9287 - enacted on April 2,
2004 (Illegal Numbers Games)
P.D NO. 1602
P. D. No. 1602 is the governing law criminalizing
the following activities or games:
● cockfighting, jueteng, jai alai or horse
racing to include bookie operations and
game fixing, numbers, bingo and other
forms of lotteries; cara y cruz, pompiang
and the like; 7-11 and any game using
dice; black jack, lucky nine, poker and
its derivatives, monte, baccarat, cuajao,
pangguingue and other card games;
paik que, high and low, mahjong,
domino and other games using plastic
tiles and the likes;
P.D NO. 1602: Gambling Games
P. D. No. 1602 is the governing law criminalizing
the following activities or games:
● slot machines, roulette, pinball and other
mechanical contraptions and devices;
dog racing, boat racing, car racing and
other forms of races, basketball, boxing,
volleyball, bowling, pingpong and other
forms of individual or team contests to
include game fixing, point shaving and
other machinations; banking or
percentage game, or any other game
scheme, whether upon chance or skill,
wherein wagers consisting of money,
articles of value or representative of
value are at stake or made.
Persons Liable: Punishable Acts
1. Any person, who, in any manner, shall
directly or indirectly take part in any of said
illegal or unauthorized activities or games (PC
med. / 1k-6k fine);
2. Any person who shall knowingly permit any
form of said gambling to be carried on in
inhabited or uninhabited place or in any building,
vessel or other means of transportation owned
or controlled by him (PC Med. / 1k-6k fine);
● Qualifying aggravating: If the place
where gambling is carried on has a
reputation of a gambling place or that
prohibited gambling is frequently carried
on therein, or the place is a public or
government building or barangay hall
(PC max + 6k fine).
3. maintainer or conductor of the said
gambling schemes PC max/6k fine); if
government official (PM med + TADisq. / 6k
fine);
4. government official who is the player,
promoter, referee, umpire, judge or coach in
case of game fixing, point shaving and
machination (PM med + TADisq. / 6k fine);
5. any person who shall, knowingly and without
lawful purpose, possess any lottery list, paper
or other matter containing letters, figures, signs
or symbols pertaining to or in any manner used
in the games of jueteng, jai-alai or horse racing
bookies, and similar games of lotteries and
numbers which have taken place or about to
take place (PC med/ 4h-2K)
6. barangay official who, with knowledge of the
existence of a gambling house or place in his
jurisdiction fails to abate the same or take action
in connection therewith (TADisq);
7. any security officer, security guard,
watchman, private or house detective of hotels,
villages, buildings, enclosures and the like which
have the reputation of a gambling place or
where gambling activities are being held (PC
max / 5h-2k fine)
Informer's Reward:
• Any person who shall disclose information that
will lead to the arrest and final conviction of the
malfactor shall be rewarded twenty percent of
the cash money or articles of value confiscated
or forfeited in favor of the government.
R.A. No. 9287
● P.D. 1602 used to govern any and all
illegal gambling games or activities
including numbers games.
● R.A. 9287 now amended certain
provisions of P.D. 1602 to specifically
govern illegal numbers games.
● R.A. 9287 provides for a stiffer penalty -
nomenclature of penalties in the PC not
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
used, thus, benefits in the graduation of
penalty in the PC also not applicable;
● "Illegal" gambling games/numbers
games - no authorization. The same
games, becomes legal if with
authorization.
R.A. No. 9287: Illegal Numbers Games
• Any form of illegal gambling activity which
uses numbers or combinations thereof as
factors in giving out jackpots.
R.A. No. 9287: Punishable Acts & Penalties
1. Acting as a bettor (30-90 days):
2. Acting as personnel or staff of an illegal
numbers game operation (6 years and 1
day to 8 years);
3. Allowing one's vehicle, house, building
or land to be used in the operation of the
illegal numbers games (6 years and 1
day to 8 years);
4. Acting as a collector or agent (8 years
and 1 day to 10 years);
5. Acting as a coordinator, controller or
supervisor (10 years and 1 day to 12
years);
6. Acting as a maintainer, manager or
operator (12 years and 1 day to 114
years);
7. Acting as a financier or capitalist (14
years and 1 day to 16 years);
8. Acting as protector or coddler (16 years
and 1 day to 20 years):
9. Inducing or causing one's minor child or
ward or a minor over whom he/she
exercises moral authority or ascendancy
to commit any of the punishable acts (6
mos. and 1 day to 1 year / 100k to 400k
fine + loss of authority over the minor)
Prima Facie Evidence-Commission of
Punishable Acts
• Mere possession of any gambling
paraphernalia and other materials used in the
illegal numbers game operation.
Qualifying Circumstances
● If the collector, agent, coordinator,
controller, supervisor, maintainer,
manager, operator, financier or capitalist
of any illegal numbers game is a
government employee and/or public
official, (12 years and 1 day to 20 years
+ 3 Million - 5 Million fine + PADisq.)
Qualifying Circumstances
● If offender above is any local
government official who, having
knowledge of the existence of the
operation of any illegal numbers game in
his/her jurisdiction, fails to abate or to
take action, or tolerates the same in
connection therewith (same).
● Law enforcers who fail to apprehend
perpetrators of any illegal numbers
game (suffer an administrative penalty
of suspension or dismissal, as the case
may be, to be imposed by the
appropriate authority);
● Recidivism - commission of any of the
punishable acts;
Immunity From Prosecution
• Any person who serves as a witness for the
government or provides evidence in a criminal
case involving any violation of this Act, or who
voluntarily or by virtue of a subpoena
testificandum or duces tecum, produces,
identifies, or gives testimony shall be immune
from any criminal prosecution, subject to the
compliance with the provisions of Presidential
Decree No. 1732, otherwise known as Decree
Providing Immunity from Criminal Prosecution to
Government Witnesses and the pertinent
provisions of the Rules of Court.
Immunity From Prosecution
• Any person who serves as a witness for the
government or provides evidence in a criminal
case involving any violation of this Act, or who
voluntarily or by virtue of a subpoena
testificandum or duces tecum, produces,
identifies, or gives testimony shall be immune
from any criminal prosecution, subject to the
compliance with the provisions of Presidential
Decree No. 1732, otherwise known as Decree
Providing Immunity from Criminal Prosecution to
Government Witnesses and the pertinent
provisions of the Rules of Court.
R.A. No. 9287 vis-à-vis the RPC
● Prosecution under RA No. 9287 shall be
without prejudice to the prosecution for
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

violation of the provisions of the RPC or of rewards and incentives for law enforcement
other existing laws; officers and for local government official for the
● During the pendency of the case, no effective implementation of the Act.
property or income used or derived
therefrom which may be confiscated and END
forfeited shall be disposed, alienated or
transferred and the same shall be in
custodia legis and no bond shall be
admitted for the release of the same.

R.A. No. 9287 vis-à-vis the RPC

● The trial prosecutors shall avail of
provisional remedies provided for under
the Rules on Criminal Procedure (same
as in civil action attachment, replevin,
etc.).
● Upon conviction, all proceeds, gambling
paraphernalia and other instruments of
the crime used in any illegal numbers
game operation shall be confiscated and
forfeited in favor of the State.
● All assets and properties of the accused
either owned or held by him/her in
his/her name or in the name of another
person found to be manifestly out of
proportion to his/her lawful income shall
be prima facie presumed to be proceeds
of the offense and shall likewise be
confiscated and forfeited in favor of the
State.

Legal Presumption- Proceeds of the Crime

• All assets and properties of the accused either

owned or held by him/her in his/her name or in
the name of another person found to be
manifestly out of proportion to his/her lawful
income shall be prima facie presumed to be
proceeds of the offense and shall likewise be
confiscated and forfeited in favor of the State.

Informer's Reward
Any person who, having knowledge or
information of any offense committed under this
Act and who shall disclose the same which may
lead to the arrest and final conviction of the
offender, may be rewarded a certain percentage
of the cash money or articles of value
confiscated or forfeited in favor of the
government, which shall be determined through
a policy guideline promulgated by the (DOJ) in
coordination with the (DILG) & the
(NAPOLCOM) which shall provide for a system
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-TRAFFICKING IN PERSONS ACT OF 2003
RA 9208, AS AMENDED BY RA 10364
Approval:
  RA No. 9208 (Anti-Trafficking in
Persons Act of 2003) approved on May
26, 2003;
 RA No. 10364 (Expanded Anti-
Trafficking in Persons Act of  2012) -
approved on February 06, 2013.
Purpose:
  to the enact measures and
development of programs that will
promote human dignity, protect the
people from any threat of violence and
exploitation, eliminate trafficking in
persons, and mitigate pressures for
involuntary migration and servitude of
persons, not only to support trafficked
persons but more importantly, to their
recovery, rehabilitation and reintegration
into the mainstream of society.
Prohibited Acts:
1. Trafficking in persons (Sec. 4);
2. Attempted trafficking in persons (Sec. 4-
A);
3. Acts that promote trafficking in persons
(Sec. 5);
4. Use of trafficked persons (Sec. 11).
Sec. 4: Trafficking in Persons
1. On adult victim:
 ... the act of hiring, recruiting, offering,
harboring, receiving and transporting of
persons, etc.;
 ... committed domestically or overseas;
 ... by means of of threat; use of force,
other forms of coercion, abduction,
fraud, deception, abuse of power or of
position; taking advantage of the
vulnerability of the person; by giving or
receiving of payments or benefits to
achieve the consent of a person having
control over another person ;
 for the purpose of exploitation: includes
the prostitution of others: other forms of
sexual exoloitation: forced labor or
services, slavery, servitude; or removal
or sale of organs.
Sec. 4: Trafficking in Persons
2. On child victim:
 ... the act of recruiting, transporting,
transfering, harboring, adopting or
receipt of a child;
 for the purpose of exploitation; or when
the adoption is induced by any form of
consideration for exploitative purposes;
even if it does not involve any of the
means set forth above.
Acts of Trafficking in Persons
1. Hiring, recruiting, offering, harboring,
receiving and transporting, ect. such
person by any means; 
2. Introducing or matching such person for
money or other consideration to a
foreign national, for marriage;
3. Offering or contracting marriage, real or
simulated;
4. Maintaining or hiring a person to engage
in prostitution or pornography;
5. Adopting persons by any form of
consideration for exploitative purposes; 
6. Organizing or directing other persons to
commit acts of trafficking in persons.
Acts of Trafficking in Persons
 [Commission of the following acts for the
purpose of:
1. engaging the person in
prostitution, pornography,
sexual exploitation, forced labor,
slavery, involuntary servitude or
debt bondage;
2.  removal or sale of organs of
said person; 
3. engaging the child in armed
activities locally or abroad:
4. Causing such person to believe
that if the person did not
perform such labor or services,
he or she or another person
would suffer serious harm or
physical restraint; or to abuse or
threaten the use of law or the
legal processes; and 
Trafficking: Exploitation of Children
 All forms of slavery or practices similar
to slavery, involuntary servitude, debt
bondage and forced labor, including
recruitment of children for use in armed
conflict;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
 The use, procuring or offering of a child
for prostitution, for the production of
pornography, or for pornographic
performances;
  The use, procuring or offering of a child
for the production and trafficking of
drugs; and
  The use, procuring or offering of a child
for illegal activities or work which, by its
nature or the circumstances in which it
is carried out, is likely to harm their
health, safety or morals; and
Qualified Trafficking in Persons
1. When the trafficked person is a child;
2.  When inter-country adoption is effected
for purposes of trafficking a child;
3. When the crime is committed by a
syndicate, or in large scale.;
4. When the offender is an ascendant,
parent, sibling, guardian or a person
who exercises authority over the
trafficked person or when committed by
a public officer or employee; Qualified
Trafficking in Persons
5. When the trafficked person is recruited
to engage in prostitution with any
member of the military or law
enforcement agencies;
6. When the offender is a member of the
military or law enforcement agencies;
and
7. When by reason or on occasion of the
act of trafficking in persons, the
offended party dies, becomes insane,
suffers mutilation or is afflicted with
HIV/AIDS.  purpose of selling the child.
Trafficking by a Syndicate / in Large Scale
 Trafficking is deemed committed by a
syndicate if carried out by a group of
three (3) or more persons conspiring or
confederating with one another.
 It is deemed committed in large scale if
committed against three (3) or more
persons, individually or as a group;
Penalty:
  life imprisonment + fine of not less than
(P2.000.000.00) but not more than
(P5,000,000.00).
Sec. 4-4: Attempted Trafficking in Persons:
1. Where there are acts to initiate the
commission of a trafficking offense but
the offender failed to or did not execute
all the elements of the crime, by
accident or by reason of some cause
other than voluntary desistance.
 An attempt to commit any of the
offenses enumerated in Section 4 of this
Act shall constitute attempted trafficking
in persons.
  Mere attempt to commit trafficking in
persons is punishable.
Sec. 4-A: Attempted Trafficking-Victim is a
Child
2. Facilitating the travel of a child who
travels alone to a foreign country or
territory without valid reason therefor
and without the required clearance or
permit from the DSWD, or a written
permit or justification from the child's
parent or legal guardian;
  Executing, for a consideration, an
affidavit of consent or a written consent
for adoption;
  Recruiting a woman to bear a child for
the purpose of selling the child;
  Simulating a birth for the purpose of
selling the child; and
  Soliciting a child and acquiring the
custody thereof through any means from
among hospitals, clinics, nurseries,
daycare centers, refugee or evacuation
centers, and low-income families, for the
Penaltv:
 imprisonment of (15) years +
A fine of not less than (P500,000.00) but
not more than (P1,000,000.00);
Persons Liable:
 The law punishes not only the principals,
but also accomplices and the
accessories.
Persons Liable:
  Principals - those who commit the
prohibited acts under Section 4; 
 • imprisonment of (20) years + fine of
not less than (P1.000.000.00) but not
more than (P2.000.000.00).
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
  Accomplices - those who knowingly
aids, abets, cooperates in the execution
of the offense by previous; or
simultaneous acts.
 • imprisonment of 15 years and a fine of
not less than P500.000.00 but not more
than P1,000,000.00;
Persons Liable:
  Accessories - those who has the
knowledge of the commission of the
crime without having participated as
principal or as accomplices, take part in
its commission in any of the following
manners:
a. By profiting themselves or assisting the
offender to profit by the effects of the
crime:
b. By concealing or destroying the body of
the crime or effects or instruments
thereof, in order to prevent its discovery;
c. By harboring, concealing or assisting in
the escape of the principal of the crime,
provided the accessory acts with abuse
of his or her public functions or is known
to be habitually guilty of some other
crime. imprisonment of 15 years and a
fine of not less than P500,000.00 but not
more than P1,000,000.00 (same for an
accomplice)
Sec. 5: Acts That Promote Trafficking In
Persons
1.  Leasing/subleasing or allowing the use
of a house or building;
2. Producing or issuing fake government
certificates/ stickers as regulatory or
pre-departure requirements;
3. Publication, advertising, distribution and
broadcasting by any means, including
the internet, of any materials that
promote trafficking in persons;
4. Assisting in the commission of
misrepresentation or fraud to secure or
acquire government clearances or
necessary exit documents;
Sec. 5: Acts That Promote Trafficking In
Persons
5. Assisting or helping persons with
tampered or fraudulent travel
documents in exiting or entering the
Philippines' land boundaries, air and sea
ports;
6. Confiscating, concealing or destroying
the travel passports or documents of
trafficked persons for the purpose of
preventing them from leaving the
country or seeking redress from the
government; and Benefiting, financially
or otherwise, from the labor or services
of a person held in a condition of
involuntary servitude, forced labor, or
slavery.
Sec. 5: Acts That Promote Trafficking In
Persons (New)
8. To tamper with, destroy, or cause the
destruction of evidence, or to influence
or attempt to influence witnesses, in an
investigation prosecution of a case for
violation of this Act;
9. To destroy, conceal, remove,
confiscate or possess, or the attempt
thereof, any actual or purported
passport or other travel, immigration or
working document, government
identification, of any person in order to
prevent or restrict, or the attempt
thereof, without lawful authority, the
person's liberty to move or travel in
order to maintain the labor or services of
that person; or
10. To utilize his or her office to impede
the investigation, prosecution or
execution of lawful orders in a case for
violation of this Act.
Sec. 5: Penalty
  imprisonment of 15) years and a fine of
not less than P500.000.00 but not more
than P1,000,000.00.
Sec. 11: Use of Trafficked Persons
 The act of buying or engaging the
services of a trafficked person for
prostitution. 
• The probation law shall not apply
Who May File a Case
 Any person who has personal
knowledge of the commission of any
offense under the Act, may file a
complaint for trafficking.
  Desistance from the victims or by their
parents or legal guardians cannot work
for the dismissal of the case.
 Any acts of trafficking or the attempt
thereof for the purpose of securing an
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

affidavit of desistance from the  Action or suit instituted against

complainant is likewise punishable.
Desistance
 Desistance from the victims or by their
parents or legal guardians cannot work
for the dismissal of the case.
  Any acts of trafficking or the attempt
thereof for the purpose of securing an
affidavit of desistance from the
complainant is likewise punishable.
Prescription
  Trafficking cases prescribe in 10 years;
  If committed by a syndicated or in large
scale, or the victim is a child - 20 years;
 O Begins to run from the time the
trafficked person is released from the
conditions of bondage; if the victim is a
child, from the day the child reaches the
age of majority.
 O Period shall be interrupted by the
filing of the complaint or information and
shall commence to run again when the
proceedings terminate without the
accused being convicted or acquitted or
are unjustifiably stopped for any reason
not imputable to the accused.
Legal Protection to Trafficked Persons
 Liability as to any unlawful acts:
 Trafficked persons cannot be
made liable for unlawful acts as
a direct result of, or as an
incident or in relation to, being
trafficked, i.e., they cannot be
made liable for prostitution or for
such other illegal acts
committed as an incident of their
trafficking, even when they gave
their consent to the said illegal
acts.
  The consent of a trafficked
person to the intended
exploitation shall be irrelevant.
 The past sexual behavior or the
sexual predisposition of a
trafficked
person shall be considered inadmissible in
evidence for the purpose of
proving consent of the victim to engage in
sexual behavior.
victims of trafficking or against
any of the authorities engaged
in the rescue operation,
recovery
rehabilitation/intervention, or
investigation or prosecution of
anti-trafficking case;
 Retaliatory suits against these
authorities shall not be allowed
provided they acted in good
faith.
  Retaliatory suits against the
victims shall be held in
abeyance pending final
resolution and decision of
criminal complaint for trafficking.
Injunction
  Judges may issue, motu proprio,
injunction order and order for the
attachment of properties of the
traffickers, illegal recruiters and persons
involved in trafficking.
Extraterritorial Jurisdiction
  The State has jurisdiction over acts of
trafficking, even if committed outside the
Philippines, if:
1.  the suspect or the accused is a Filipino
citizen; or
2. the suspect or the accused is a
permanent resident of the Philippines; or
3. the victim is a citizen of the Philippines.
END

Legal Protection to Trafficked Persons

 Retaliatory Suits:
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-SEXUAL HARASSMENT ACT
R.A. NO. 7877
Anti-Sexual Harassment Act of 1995
 RA 7877 was signed into law on
February 14, 1995.
Purpose for the Enactment
  To uphold the dignity of every
individual, enhance the development of
the State's human resources, guarantee
full respect for human rights, and uphold
the dignity of workers, employees,
applicants for employment, students or
those undergoing training, instruction or
education.
  To declare unlawful all forms of sexual
harassment in the employment,
education or training environment.
"Gravamen" of Sexual Harassment
  The gravamen of the offense in sexual
harassment is not the violation of the
employee's sexuality but the abuse of
power by the employer.
  Any employee, male or female, may
rightfully cry "foul" provided the claim is
well substantiated.
 There is no time period within which he
or she is expected to complain through
the proper channels. The time to do so
may vary depending upon the needs,
circumstances, and more importantly,
the emotional threshold of the
employee. (Philippine Aelous
Automotive United Corporation vs. NRC,
GR No. 124617, April 28, 2000} 4 years.
SECTION 3: Settings for Sexual Harassment
under the Act Work-Related Sexual
Harassment-
1. Work-relaated Sexual Harassment -
committed by an employer, employee,
manager, supervisor, agent of the
employer, or any other person who,
having authority, influence or moral
ascendancy over another in a work
environment.
2.  Education-Related Sexual Harassment
- committed by any teacher, instructor,
professor, or any other person who,
having authority, influence or moral
ascendancy over another in a education
environment.
SECTION 3: Settings for Sexual Harassment
under the Act
3. Training-Related Sexual Harassment -
committed by a coach, trainor, or any
other person who, having authority,
influence or moral ascendancy over
another in a training environment.
 In all cases, the acts of sexual
harassment consists in demanding,
requesting or otherwise requiring any
sexual favor from the other;
 The act is committed regardless of
whether the demand, request or
requirement for submission is accepted
by person subjected to sexual
harassment.
Sec. 3: "Moral Ascendancy"
 The offender need not be the immediate
superior of the victim; or one who holds
the authority to appoint the victim.
 It is enough that the offender has
conveyed the impression, in words or
action, to the victim that he/she could
facilitate the employment of the victim.
[Jacutin vs. Peopls, G,R, NO. 140604,
March 6, 2002]
 A respondent who has no moral
ascendancy over the complainant
cannot be held liable for sexual harassment
under RA 7877.
  Moral ascendancy is a critical element
of sexual harassment under RA 7877.
(Lamsis vs. Sales, Sr. A.M. No. P-17-
3772, January 10, 2018)
Sec. 3: "Demand for Sexual Favors"
 The demand, request or requirement for
sexual favor need not be articulated in a
categorical oral or written statement.
 The demand, request or requirement for
sexual favor may be discerned, with
equal certitude, from the acts of the
offender.
Sec. 3: Sexual Favors Discerned from Acts of
the Offender
 The holding and squeezing of shoulders,
running of fingers across victim's neck
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
and tickling her ear, having
inappropriate conversations with her,
giving her money allegedly for school
expenses with a promise of future
privileges, and making statements with
unmistakable sexual overtones - all
these acts resound with deafening
clarity the unspoken request for a sexual
favor. (Domingo vs. Rayala, G.R. No.
155831, February 18, 2008)
• Does not include casual gesture of
camaraderie (beso-beso).
Sec. 3: Work-Related: Circumstances of
Sexual Favors Made
  Demanding, requesting or otherwise
requiring any sexual favor:  grade, or the granting of honors and
1. as a condition in the hiring,
employment, re-employment or
continued employment of said
individual; or
2. in granting said individual
favorable compensation, terms
of conditions, promotions, or
privileges; or
3. when the refusal to grant the
sexual favor results in limiting,
segregating or classifying the
employee which in any way
would discriminate, deprive or
diminish employment
opportunities or otherwise
adversely affect said employee;
4. the above acts would impair the
employee's rights or privileges
under existing labor laws; or
5.  the above acts would result in
an intimidating, hostile, or
offensive environment for the
employee.
6.
Sec. 3: Work-Related: Circumstances of
Sexual Favors Made
  Sexual favors made under any of the
foregoing circumstances is enough.
  Thus, it is not essential that the
demand, request or requirement be
made as a condition for continued
employment or for promotion to a higher
position.
  It is enough that the respondent's acts
result in creating an intimidating, hostile
or offensive environment for the
employee.
  Sexual harassment is an imposition of
misplaced "superiority" which is enough
to dampen an employee's spirit and her
capacity for advancement. It affects her
sense of judgment; it changes her life.
(Domingo vs. Rayala, G.R. No. 155831,
February 18, 2008] Sec.
Sec. 3. Education/Training-Related: Other
Condition Circumstances of Sexual Favors
Made
  Committed against:
1. one who is under the care, custody or
supervision of the offender;
2.  one whose education, training,
apprenticeship or tutorship is entrusted
to the offender; Circumstances when
sexual favors/advances made: as a
condition to the giving of a passing
scholarships, or the payment of a
stipend, allowance or other benefits,
privileges, or consideration; or
2. It result in an intimidating, hostile or offensive
environment for the
student, trainee or apprentice.
Sec. 3:0ffender by Inducement or
Indispensable Cooperation
  Other persons liable: (same criminal
penalty as the offender)
1.  Any person who directs or induces
another to commit any act of sexual
harassment;
2. Any person who cooperates in the
commission thereof by another without
which it would not have been committed;
Sec. 3:0ffender by Inducement or
Indispensable Cooperation
  Other persons liable: (solidary liability
with the offender for damages)
1. The employer or head of office,
educational or training institution for
sexual harassment committed in the
employment, education or training
environment if the employer or head of
office, educational or training institution
is informed of such acts by the offended
party and no immediate action is taken.
Sec. 4: Duty of the Employer or Head of
Office
 The following are the duties of the
employer or the head of the work-
related, educational or training
environment or institution under the Act:
1. to prevent or deter the commission of
acts of sexual harassment; and
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

2.  to provide the procedures for the  Education-Related - Composed of at

resolution, settlement or prosecution of
acts of sexual harassment.
Sec. 4: Measures to Comply with Duty by the
Employer or Head
of Office
1. Promulgate rules and regulations in
consultation with and jointly approved by
the employees or students or trainees,
through their duly designated
representatives, prescribing the
procedure for the investigation of sexual
harassment cases and the
administrative sanctions therefor;
2. Create a committee on decorum and
investigation of cases on sexual
harassment which will conduct activities
to increase understanding and prevent
incidents of sexual harassment and
which will conduct the investigation of
alleged cases of sexual harassment;
3. Disseminate or post a copy of this Act
for the information of all concerned.
least 1 representative from the
administration, the trainors, instructors,
professors or coaches and students or
trainees, as the case may be.
Penalties
  Imprisonment of not less than 1 month
nor more than 6 months, or a fine of not
less than P10,000 nor more than
P20,000, or both such fine and
imprisonment at the discretion of the
court.
Prescription
  Any action arising from the violation of
the provisions of the Act shall prescribe
in three (3) years.
END

Sec. 4: Administrative Sanctions vs. Criminal

Prosecutions
vs. Civil Actions for Damages
  Administrative sanctions shall not be a
bar to prosecution in the proper courts
for unlawful acts of sexual harassment.
  Filing a separate and independent
action for damages and other affirmative
relief is not precluded.

Sec. 4: Three-fold Liability Rule on Public

Officers 
 the wrongful acts or omissions of a
public officer may give rise to civil,
criminal and administrative liability.
  an action for each can proceed
independently of the others. 
 this rule applies with full force to sexual
harassment.
 Thus, even the dismissal of a criminal
case does not necessarily foreclose the
administrative action against the
respondent.

Committee on Decorum
  Work - Related - Composed of at least
1 representative each from the
management, the union, the employees
from the supervisory rank, and from the
rank and file employees.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

● But if the actions or remarks were made

online, referred as “online conduct”,
SAFE SPACES ACT
RA NO. 11313 there are additional elements for the
violation.
Approval ● The “online conduct” must also be:
● Approved into law on April 17, 2019 1. Directed at a particular person;
2. The “online conduct” causes or is likely
Purposes to cause another mental, emotional or
● To ensure the fundamental equality psychological distress, and fear of
before the law of women and men. personal safety.
● To recognizes that both men and
women must have equality, security and Sec. 3(e): Online Gender-Based Sexual
safety not only in private, but also on the Harassment
streets, public spaces, online, ● “Online conduct” or online sexual
workplaces and educational and training harassment acts include:
institutions. 1. threats,
● To make all spaces, public and private 2. uploading or sharing of one’s photos,
made accessible to the public, free from video and audio recordings without
being made a venue for the commission consent;
of any form of sexual harassment. 3. cyberstalking; and
4. online identity theft
Unlawful Acts
● Criminalizes acts of Gender-Based Places Where GBSH Can Be Committed
Sexual Harassment (GBHS) committed 1. In the streets;
in streets, public spaces, online, 2. Public spaces;
workplaces, and educational or 3. Online/Cyberspace;
training institutions. 4. In the workplace;
5. In education and training institutions.
Gender-Based Sexual Harassment
● No specific meaning provided in the law. GBSH in the Streets & Public Spaces
● Sec. 4 provides how crimes of gender- ● Public spaces refer to any splaces,
based streets and public spaces sexual public or private places made accessible
harassment are committed. From there, to the public.
we can determine the kind of “sexual ● Any uninvited sexual actions or
harassment” contemplated. remarks against any person regardless
of the motive for committing such action
or remarks.

Sec. 4: Gender-Based Sexual Harassment Acts constituting GBSH in Streets/Public

● In general, it refers to any unwanted Spaces
and uninvited sexual actions or ● It may include catcalling, wolf-whistling,
remarks against any person regardless misogynistic, transphobic, homophobic,
of the motive for committing such action and sexist slurs; persistent comments or
or remarks (Sec. 4). gestures on a person’s appearance;
relentless requests for personal details;
Sec. 3(e): Online Gender-Based Sexual statement of sexual comments and
Harassment suggestions; public masturbation,
flashing of private parts, groping,
making offensive body gestures and
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
other similar lewd actions; verbal or
physical advances that has threatens
one’s sense of personal space and
physical safety (including intrusive
gazing and taunting); persistent telling
of sexual jokes, use of sexual names;
and staking.
“Flashing Of Private Parts”
● Does not include:
1. legitimate expressions of indigenous
culture and tradition, including, among
others, the wearing of traditional attires
of tribes or clans that may show partial
nudity; and
2. breastfeeding in public
Public Space
● Any place or area, regardless of
ownership, openly accessible or offered
to be accessed by the public, including
common carriers, public utility vehicle,
and private vehicles covered by app-
based transport network vehicle
services (TNVS).
Drivers of PUV - Additional Liability
● Where the perpetrator is the driver of
the vehicle, the commission of any of
the acts constituting GBSH shall also
constitute a breach of contract of
carriage, for the purpose of creating a
presumption of negligence on the
part of the owner or operator of the
vehicle in the selection and supervision
of employees and rendering the owner
or operator solidarity liable for the
offenses of the employee.
Qualified GBSH in Streets/Public Places
● The penalty next higher in degree will be
applied in the following cases:
1. If committed by the driver in a common
carrier against the passenger;
2. If committed against a minor, a senior
citizen, or a person with disability
(PWD), or a breastfeeding mother
nursing her child;
3. If committed against a person diagnosed
with a mental problem tending to impair
consent;
Qualified GBSH in Streets/Public Places
4. If the offender is a member of the
uniformed services, such as the PNP
and the AFP, and was committed while
the perpetrator was in uniform; and
5. If the offender is a government
employee and committed in the
premises of a government agency
offering frontline services to the
public.
Online GBSH
● Any acts that use information and
communications technology in
terrorizing and intimidating victims
through any of the specific acts
enumerated.
Acts Constituting Online GBSH
1. physical, psychological, and emotional
threats;
2. unwanted sexual misogynistic,
transphobic, homophobic and sexist
remarks and comments online whether
publicly or through direct and private
messages;
3. uploading and sharing without the
consent of the victim any photos, audio,
or video with sexual content;
Acts Constituting Online GBSH
4. unauthorized recording, and sharing
of any of the victim's photos, videos
or any information online;
5. impersonating the identity of victims
online or posting lies about the victim to
harm their reputation; or
6. filing false abuse reports to online
platforms to silence victims.
Excluded Evidence
● Online record or any copy thereof can
be used as evidence in any civil or
criminal investigation or trial of the crime
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
only upon authorized written orders of
the court.
● There is a procedure prescribed for the
issuance of the written order by the
court.
● Any record or copy of the online record
obtained in violation of the prescribed
procedure shall not be admissible in
evidence in any judicial, quasi-judicial,
legislative or administrative hearing or
investigation.
Written Order Authorizing Use of Online
Record or Copy Thereof
1. Filing a written application with the
court (first level courts);
2. The Court shall conduct of an
examination under oath and affirmation
of the applicant and the witnesses he
may produce to determine:
● the existence of probable cause
- the existence of reasonable
ground to believe that GBSH
has been committed or is about
to be committed; and
● the use of such record or any
copy thereof as evidence is
essential to the conviction of the
offender or to the solution or
prevention of such crime.
GBSH in the Workplace/Educational &
TrainingInstitutions
● Any sexual advances, requests or
demand for sexual favors or any actof
sexual nature which are unwelcome,
unreasonable, and offensive to the
recipient, done verbally, physically,
through text messaging, e-mail or the
use of ICT, that has or could have a
detrimental effect on the conditions of
an individual's employment or
education, job performance or
opportunities, or affect the dignity of a
person; or
● Any conduct that is unwelcome and
pervasive and creates an intimidating,
hostile or humiliating environment for
the recipient.
Workplaces
● All sites, locations, spaces, where work
is being undertaken by an employee
within or outside the premises of the
usual place of business of the employer.
Offenders in GBSH in Workplaces
● Superior to a subordinate - Sec. 22 of
the IRR "In addition to liabilities for
committing acts of GBSH, employers
may also be held liable for ... "; Sec 18
of the IRR by the use of the word "also"
"GBSH in the workplace may also be
committed …”;,
● Subordinate to a superior;
● Between peers.
Employers as Offenders in GBSH in
Workplaces
● Employers are liable for: (by act or
omission)
1. committing acts of GBSH;
2. failure to act on reports of GBSH
committed in the workplace; and
3. non-implementation of its duties
enumerated under Sec. 19 of the Act.
● The victim is not precluded from
instituting a separate and independent
action for damages and other affirmative
relief (similar to Anti-Sexual Harassment
Act).
Educational / Training Institutions
● Educational and training Institutions with
their own charter or those created by
law.
● Those that offer courses or programs
online, alternative leaning systems and
other non-conventional forms of higher
education;
● Government agencies with educational
or training academies either for its
employees or for the public
Offenders in GBSH in Schools & TI
● Principals, school heads, teachers,
instructors, professors, coaches trainers,
or any persons who has authority,
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
influence or moral ascendancy over
another;
● Students
● Trainees
Cause for Liability of School Heads
● The school heads or the heads of the
training institutions are also liable for
failure to act on reports of GBSH
committed in the education and training
institutions and non-implementation of
their duties enumerated under Sec. 22
of the Act.
Anti-Sexual Harassment Laws: RA 11313 vs.
RA 7877
1. As to the acts constituting the
offense:
● RA 7877 - refers to the act of
demanding, requesting or
requiring any sexual favour as
a condition in the employment,
re-employment or continued
employment, or in granting
favorable compensation,
promotions or privileges; or
when the refusal thereof results
in discriminating, depriving or
diminishing employment
opportunities or otherwise
adversely affect said employee;
● RA 11313 - demand or
request is not required, the
mere commission of acts
constituting GBSH as described
in the law is sufficient.
Anti-Sexual Harassment Laws: RA 11313 vs.
RA 7877
2. As to the offender:
● RA 7877 - committed by any
person who has authority,
influence or moral
ascendancy over the other in a
work or training or education
environment.
● RA 11313 - authority, influence
or moral ascendancy by the
offender over the victim is not
required. It can also be
committed between peers and
by a subordinate to a superior
officer, or to a teacher by a
student, or to a trainer by a
trainee.
Anti-Sexual Harassment Laws: RA 11313 vs.
RA 7877
3. As to the penalty/ liability of the
offender:
● RA 7877 - the offender may be
penalized with imprisonment of
not less than one (1) month nor
more than six (6) months, or a
fine of not less than P10,000 nor
more than P20,000, or both
such fine and imprisonment at
the discretion of the court.
● RA 11313 - payment of fine for
the first offense; penalty of
arresto menor (1 to 30 days) in
subsequent offenses,
depending on the kind of GBSH
that was committed.
Anti-Sexual Harassment Laws: RA 11313 vs.
RA 7877
4. As to liability of the employer:
● RA 7877 - the employer or head
of office shall be solidarily
liable for damages if it is
informed of the commission of
the acts of sexual harassment
and no immediate action is
taken.
● RA 11313 - liability is direct, the
employer or head of office, upon
conviction for failure to take
action to any reports on the
commission of GBSH or to
perform any of the duties
imposed on them by the Act,
shall be penalized to pay a fine
only (PhP5,000.00 to
PhP15,000.00) .
Anti-Sexual Harassment Laws: RA 11313 vs.
RA 7877
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

5. As to prescription:
● RA 7877 - action prescribes in
three (3) years.
● RA 11313 - prescriptive period
varies and depends on the
gender-based sexual
harassment committed; (1,3,5 &
10 years); imprescriptible for
violation of Section 12 (Online
GBSH)

Preliminary Relief: Restraining Order

● The appropriate court may issue an
order directing the offender to stay
away from the victim at a specific
distance or to stay away from the
specific places frequented by the
victim even before a final decision
maybe issued.
● The imposition of the penalties under
the Act shall be without prejudice to the
imposition of administrative sanctions if
the offender is a public employee.
● The LGUs may come up with
ordinances that impose heavier
penalties for the acts specified under
this Act.

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-PHOTO & VIDEO VOYEURISM ACT OF 2009
R.A. NO. 9995
Approval & Purpose
● Approved on February 15, 2010
● To enforce the State policy of valuing
the dignity and privacy of every human
person and of guaranteeing full respect
for human rights.
● To penalize acts that would destroy the
honor, dignity and integrity of a person.
Sec. 4: Prohibited Acts
1.Taking the photos or videos of a person or
group:
● performing sexual act or any similar
activity;
● the taking of the photos or videos is
without the consent of the person/s
involved; and [or]
● under circumstances in which the
person/s has/have reasonable
expectation of privacy.
Sec. 4: Prohibited Acts
2. Capturing an image of the private area of a
person/s:
● without the consent of the person/s
involved; and
● under circumstances in which the
person/s has/have a reasonable
expectation of privacy;
3. Copying or reproducing, or causing to be
copied or reproduced, such photo or video or
recording:
● with or without consideration; and
● notwithstanding that consent to
record or take photo or video was
given by such person/s;
Sec. 4: Prohibited Acts
4. Selling or distribution, or causing to be sold or
distributed, such photo or video or recording:
● whether it be the original copy or
reproduction thereof; and
● notwithstanding that consent to
record or take photo or video was
given by such person/s.
5. Publishing or broadcasting, or causing to be
published or broadcast:
● in print or broadcast media; or
● show or exhibit the photo or video
coverage or recordings through
VCD/DVD, internet, cellular phones and
other similar means or device; and
● notwithstanding that consent to
record or take photo or video was
given by such person/s.
Sec. 6: Exemption from Liability for Use of
Photo, Video or Recording as Evidence
● The prosecutor or any peace officer is
exempted from criminal liability for the
copying, reproduction, or publication or
exhibition of the photo, image, video or
recording in court provided that the
same be done with a prior written order
from the Court.
● Therefore, there must first be a written
application filed in court to record,
reproduce, use and exhibit such photo,
image, video or recording as evidence.
Sec. 6: Exemption - Procedure
1. Filing of the written application in court;
2. The court shall conduct an examination
under oath Or affirmation of the
applicant and the witnesses he/she may
produce;
3. The applicant must show that there are
reasonable grounds to believe that
photo or video voyeurism has been
committed or is about to be committed;
and
4. The applicant must show that the
evidence to be obtained is essential to
the conviction of any person for, or to
the solution or prevention of such crime.
Sec. 7: Effect of Non-Compliance with the
Requirement for Prior Written Authorization
● Any record, photo or video, or copy
thereof, obtained or secured by any
person in violation of or without
complying with the requirement for prior
written order shall not be admissible in
evidence in any judicial, quasi-judicial,
legislative or administrative hearing or
investigation.
● By operation of law, inadmissibility of
evidence need not be invoked.
END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-GRAFT & CORRUPT PRACTICES ACT
R.A. NO. 3019
REPUBLIC ACT NO. 3019, as amended (Anti-
Graft & Corrupt Practices Act)
- RA No. 3019 or the Anti-Graft and
Corrupt Practices Act was approved on
August 17, 1960.
Purpose
● To curtail and minimize the opportunities
for official corruption;
● To maintain the standard of honesty in a
public service.
● To achieve the policy of the State, in line
with the principle that a public office is a
public trust, to repress certain acts of
public officers and private persons
alike which constitute graft or corrupt
practices or which may lead thereto.
Sec.1: Offenders
● 'It is the policy of the Philippine
Government, in line with the principle
that a public office is a public trust to
repress certain acts of public officers
and private persons alike which
constitute graft or corrupt practices or
which may lead thereto.
● In the statement of the policy to be
pursued which impelled the passage of
RA 3019, it is stated that the prohibited
acts sought to be repressed can be
committed by public officers and private
persons, alike.
● Accordingly, although the law primarily
seeks to prohibit the unlawful acts of
public officers, a private person can be
prosecuted under RA 3019 if he/she
acted in conspiracy with such public
officers.
Sec.1: Offenders-Death of the Public Officer
● Thus, a private person can be
prosecuted for violation of R.A. 3019
even if the public officer shall have died
and can no longer be charged along
with the private person in the
Information because the death of the
public officer does not mean that the
allegation of conspiracy between them
can no longer be proved or that their
alleged conspiracy is already expunged.
● The death merely extinguished the
criminal liability of the public officer. His
death did not extinguish the crime nor
did it remove the basis of the charge of
conspiracy between him and the private
respondent. [People vs. Go, G.R. No.
168539, March 25, 2014]
Sec. 2: Government
● Includes the national government, the
local governments, the GOCCs, and all
other instrumentalities or agencies of the
Republic of the Philippines and their
branches.
Sec. 2: Public Officer under RA No. 3019
● The definition of "public officer" in
Section 2(b) appears to restrictively
pertain only to those:
1. Appointive or elective, permanent or
temporary, classified or unclassified or
from exempt service, officers and
employees of the "government" as
defined in Section 2(a); and
2. Receiving compensation, even
nominal from the "government"
Sec. 2: Public Officer under Art. 203, RPC
● However, case law has interpreted
"public officers" in contemplation of RA
3019 in conjunction with the meaning of
"public officer" under Article 203 of the
RPC. (Javier vs. Sandiganbayan, G.R.
No. 147026-277
● Under Article 203, public officers refer to
"any person who, by direct provision of
the law, popular election or appointment
by competent authority, shall take part
of the performance of public
functions in agent or subordinate
official, of any rank or class".
● Thus, in case law, compensation is
not one of the determining factors in
considering whether a person is a public
officer or not.
● The nature of the powers and
functions of the officer or employee is
the sole and important consideration.
● The office or employee must perform
public functions.
● The officer or employee must be
invested with some portion of the
sovereign functions of the
government, to be exercised by him for
the benefit of the public.
Sec. 3: Unlawful Acts vs. Penalized by
Existing Laws
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● The beginning phrase of Section 3
states: "In addition to acts or omissions
of public officers already penalized by
existing law, the following shall
constitute corrupt practices of any public
officer and are hereby declared to be
unlawful"
○ This phrase has two (2)
implications:
1. Aside from a prosecution for violation of
Sec. 3 of RA 3019, the offender may
also be prosecuted, concurrently or
subsequently, for violation of the PC or
any other special penal law; and
2. Aside from prosecution for violation of a
sub-section of Section 3, the offender
may also be prosecuted, concurrently
or subsequently, for violation of other
sub-sections of Sec. 3.
Sec. 3: 11 Unlawful Acts (a-k)
● Each unlawful act described and
penalized under Sec. 3 (there are 11 of
them) are separate and distinct from
each other.
● Even when the acts prosecuted or
charged proceed from one and the
same transaction.
● There is no double jeopardy as the
elements in the first jeopardy are not the
same as the elements in the second
jeopardy.
● The beginning phrase of Section 3
states:
- "In addition to acts or omissions of
public officers already penalized by
existing law, the following shall
constitute corrupt practices of any public
officer and are hereby declared to be
unlawful"
Section 3(a) -Unlawful Act
(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
(2) allowing himself to be persuaded,
induced, or influenced to commit such
violation or offense.
● Filed against the inducer public officer
and the other public officer who allowed
himself to be induced.
Sec. 3(a) : Elements
1. That a public officer violates
rules and regulations duly
promulgated by competent
authority, or commits an offense
in connection with his duties;
and
2. That another public officer
persuaded, induced or
influenced said public officer to
commit such violation or
offense, or thelatter allowed
himself to be persuaded,
induced or influenced to commit
it.
● Under this subsection, a deliberate
intent on the part of the public official
concerned to violate those rules and
regulations duly promulgated by
competent authority, or to commit an
offense in connection with official duties
must be present.
● To induce, persuade or influence is to
give a price, reward or promise.
● It is essential that the accused should
have acted for a consideration,
payment or remuneration.
Sec. 3(a) vs. Art. 212 (RPC)
● Sec. 3(a) - Committed by a public officer
who persuades, induces or influences
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 by a public officer who allows
himself to be persuaded, induced, or
influence to commit such violation or
offense.
● Art. 212-Corruption of Public
Officials. Committed by any person who
shall have made the offers or promises
or given the gitts or presence in the
commission of the crime of Direct
Bribery or Indirect & Qualified Bribery
● Art. 210-Direct Bribery. Committed by
any public officer who shall agree: (1) to
perform an act whether constituting or
not constituting a crime, in connection
with the performance of his official
duties; or (2) refrain from doing
something which it is his official duty to
do; in consideration of any offer,
promise, gift or present; received by
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

such officer, personally through the ● Lack of demand or request is not a

mediation of another. defense.
● Art. 211-Indirect Bribery. Committed ● "Receiving" includes the act of
by public officers who shall accept gifts accepting, directly or indirectly, from a
offered to him by reason of his office. person other than a member of the
● Art. 211-A-Qualified Bribery. public officer's immediate family.
Committed by public officers entrusted ● There must be a clear intention on the
with law enforcement and who refrains part of the public officer to take the gift
from arresting or prosecuting an - considering the gift as his or her own
offender Who has committed a crime, in property from receipt.
consideration of any offer, promise, gift ● Mere physical receipt unaccompanied
or present. by any other sign, circumstance or act to
● In both Art. 212 and Sec. 3(a), the one show acceptance is not sufficient to a
induced, persuaded or influenced must charge under this subsection.
be a public officer. ● Receiving is consummated even if the
● In Art. 212, the one who persuaded, possession is merely momentary.
induced or influenced the public officer ● The value of the gift is immaterial.
is not another public officer, in other ● Distinguish this from the receipt of "gifts"
words, a private individual. contemplated under Sec. 14.
○ Sec. 14 exempts the act of
Section 3(b) receiving gifts by a public officer
● Directly or indirectly requesting or if:
receiving any gift, present, share, ● the giving of the gift is
percentage, or benefit, for himself or for unsolicited;
any other person, in connection with ● the gift is of small or
any contract or transaction between insignificant value;
the Government and any other party, ● the gift is offered or
wherein the public officer in his given as a mere or
official capacity has to intervene ordinary token of
under the law. gratitude or friendship
● Art. 211-Indirect Bribery. Committed according to local
by public officers who shall accept gifts customs or usage
offered to him by reason of his office.
Sec. 3 (b): Contract or Transaction
Elements of violation of Section 3(b) ● The word transaction as used in the
1. The offender is a public officer; law should be understood as akin to a
2. He requested or received a gift, present, contract which involves some
share, percentage, or benefit; economic consideration.
3. For himself or on behalf of any other ● Accordingly, a public officer who
person; demanded an amount from a
4. In connection with a contract or respondent as consideration for
transaction with the government; dismissing the case against him under
5. In which the public officer, in an official investigation cannot be prosecuted
capacity under the law, has the right to under this subsection because a
intervene. preliminary investigation which is a
quasi-judicial proceeding is not a
Sec. 3 (b): 3 Distinct Acts Penalized "transaction" in contemplation of
1. Demanding; or Section
2. Requesting; or ● The contract or transaction must be
3. Receiving a gift or benefit. such where the public officer has the
● Failure to actually receive gifts is not a duty under the law to intervene.
defense, mere demand or request is ● The public officer's official intervention is
sufficient. required by law in a contract or
transaction.
Sec. 3 (b): Receiving of gifts or benefits ● It presupposes the existence of a law
● Receiving gifts consummates the crime. which invests the public officer the
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
power to intervene in a contract or
transaction.
Sec. 3 (b) vs. Direct Bribery
● While violations of Sec. 3(b) share
common elements with Direct Bribery,
the two crimes are not identical.
● No double jeopardy can attach when
prosecuted under both offenses.
1. Direct Bribery - acceptance of the gift
is required; Sec. 3 (b) - acceptance of
the gift is not required, mere demand or
request for the gift is sufficient;
2. Section 3(b) is limited only to contract
or transactions involving monetary
considerations where the public officer
has to intervene under the law, while
Direct Bribery has a wider scope as it
may include the (a) performance of an
act constituting a crime; (b) execution of
an unjust act which does not constitute
a crime; and (c) agreeing to refrain or
refraining from doing an act which is his
official duty to do.
Sec. 3(b) vs. Art. 210 (Direct Bribery)
Direct Bribery Sec. 3(b)
acceptance of the gift is acceptance of the gift is
required. not required, mere
demand or request for the
gift is sufficient.
the consideration for the the consideration for the
gift has a wider gift is limited: only in
scope: it maybe for the connection to contract
(a) performance of an or transactions
act constituting a crime; involving monetary Sec. 3(d): Elements
(b) execution of an considerations
unjust act which does not the
constitute a crime; public officer has to
and (c) agreeing to refrain intervene under the law.
or refraining from
doing an act which is his
official duty to do.
Section 3(c)
● Directly or indirectly requesting or
receiving any gift, present or other
pecuniary or material benefit, for
himself or for another, from any
person for whom the public officer, in
any manner or capacity, has secured
or obtained, or will secure or obtain,
any Government permit or license, in
consideration for the help given or to
be given, without prejudice to Section
13 (suspension from office).
Sec. 3(c): Elements
1. The offender is a public officer;
2. He has secured or obtained, or would
secure or obtain, for a person any
government permit or license;
3. He directly or indirectly requested or
received from said person any gift,
present or other pecuniary or material
benefit for himself or for another; and
4. He requested or received the gift,
present or other pecuniary or material
benefit in consideration for the help
given or to be given.
Sec. 3(c): Consideration of the gift
● The consideration of the gift must be
for the help given or to be given by
the public officer in connection with the
grant of permit or license, regardless of
the value of the gift and regardless of
the occasion [Mendoza-Ong vs.
Sandiganbayan, G.R. Nos. 146368-69,
October 23, 2003]
Section 3 (d)
● Accepting or having any member of his
family accept an employment in a
private enterprise which has pending
official business with him during the
pendency thereof or within one year
after its termination.
1. The public officer accepts or has
where
any member of his family accept
employment in a private
enterprise;
2. The private enterprise has
pending official business with
the public officer; and
3. The acceptance of employment
is made during the pendency of
such official business or within
one year after its termination.
● Under this subsection, a public officer
accepting the gift and the private
individual giving the gift can be
prosecuted together.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● The acquittal of the public officer should
also result in the acquittal of the private
person.
Sec. 3 (d): "Member of his family"
● Pertain to public officer's relatives by
consanguinity or affinity within the third
civil degree.
Section 3(e)
● Causing any undue injury to any party
including the government, or giving any
private party any unwarranted
benefits, advantage or preference in
the discharge of his official,
administrative or official functions
through manifest partiality, evident
bad-faith or gross inexcusable
negligence.
● This provision shall apply to officers and
employees of offices or government
corporations charged with the grant of
the licenses or permits or other
concessions.
Sec. 3(e): Elements
a. that the accused is a public officer
discharging administrative, judicial or
official functions;
b. that the accused acted with manifest
partiality, evident bad faith or gross
inexcusable negligence; and
c. that the accused caused undue injury
to any party including the Government,
or gave any private party unwarranted
benefits, advantage or preference in
the discharge of his functions.
Sec. 3 (e): Elements
● The unlawful acts:
1. manifest partiality; or
2. evident bad-faith; or
3. gross inexcusable
negligence.
● The effect of the unlawful acts:
1. caused undue injury to any
party including the Government;
or
2. gave any private party
unwarranted benefits,
advantage or preference.
Sec. 3 (e): First Element:
● accused must be a public officer
discharging administrative, judicial or
official functions.
● whether or not the accused public officer
is "charged with the grant of licenses or
permits or other concessions."
(Mejorada vs. Sandiganbayan]
● "Offense committed in relation to the
office" - the offense cannot exist without
the office.
Sec. 3 (e): Second Element: 3 Distinct Modes
of Violation
1. through "manifest partiality";
2. through "evident bad faith"; or
3. through "gross inexcusable
negligence"
● From thence, it can be taken that
violation of Section 3(e) maybe
committed either by dolo, as when the
accused acted with evident bad faith or
manifest partiality, or by culpa, as when
the accused committed gross
inexcusable negligence.
● Although the Information may have
alleged only one (1) of the modalities of
committing the offense, the other mode
is deemed included in the accusation to
allow proof thereof.
Sec. 3(e): Second Element: Manifest
Partiality
● a clear, notorious, or plain inclination or
predilection to favor one side or person
rather than another.
● synonymous with bias which ignites a
disposition to see and report matters as
they are wished for rather than as they
are.
Sec. 3(e): Second Element: Evident Bad Faith
● connotes not only bad judgment but also
palpably and patently fraudulent and
dishonest purpose to do moral
obliquity or conscious wrongdoing for
some perverse motive or ill will.
● a state of mind affirmatively operating
with furtive design or with some
motives of self-interest or ill will or for
ulterior purposes.
● It imputes a conscious doing of a
wrong; a breach of sworn duty through
some motive or in intent or ill will; it
partakes of the nature of fraud.
● The bad faith must be evident.
Sec. 3 (e): Second Element: Gross
Inexcusable Negligence
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● refers to negligence characterized by
want of even the slightest care, acting
or omitting to act in a situation where
there is a duty to act, not inadvertently
but willfully and intentionally, with a
conscious indifference to
consequences in so far as other
persons may be affected.
● the omission of that care which even
inattentive and thoughtless men never
fail to take on their own property.
Sec. 3 (e): Second Element: Allegation in the
Info.
● The use of the three phrases "manifest
partiality." "evident bad faith" and.
"inexcusable negligence" - in the same
Information does not mean that three
distinct offenses are charged; it merely
implies that the offense charged may
have been committed through any of
the modes provided by the law.
[Bacasmas vs. Sandiganbayan, G.R.
Nos. 189343, Gaviola vs. People, G.R.
No. 189369, Cesa vs. People, G.R. No.
189553, July 10, 2013]
Sec. 3(e): Third Element: Effect of the
Unlawful Acts
● The offender's action caused any
undue injury to any party, including the
government, or gave any private party
unwarranted benefits, advantage or
preference in the discharge of his
functions.
● Two (2) ways by which the third element
can be committed:
1. by causing undue injury to any
party, including the
Government; or
2. by giving any private party any
unwarranted benefits,
advantage or preference.
● The use of the disjunctive term "or"
connotes that either act qualifies as a
violation of Sec. 3(e) of R.A. No. 3019.
● The accused may be charged under
either mode or under both (Catindig v.
People, G.R. No. 183141, 18
September 2009, 600 SCRA749).
Sec. 3(e): Third Element: "Undue Injury"
● "Undue" means more than necessary;
not proper; illegal.
● "Injury" is any wrong or damage done
to another in his person, rights,
reputation or property.
○ The invasion of any legally
protected interest of another.
○ Akin to actual damage. Proof of
actual injury or damage is
required.
● "Undue" means more than necessary;
not proper; illegal.
● "Injury" is any wrong or damage done
to another in his person, rights,
reputation or property.
● The invasion of any legally protected
interest of another.
● Akin to actual damage in civil law.
Sec. 3(e): Third Element: "Undue Injury"
● In civil law, proof of actual injury or
damage is required.
● However, in Sec. 3(e), in proving actual
damage, the extent or quantum of
damage is not essential, it is sufficient
that the injury suffered (or the benefit
received) could be perceived to be
substantial enough and was not
merely negligible. [Fonacier vs.
Sandiganbayan]
● The element of damage (to the
government) is not required for violation
of Sec. 3() under the second mode.
[Reyes vs. People, G.R. Nos. 177105-
06, August 12, 2010]
Sec. 3(e): Third Element: Unwarranted
Benefits, Advantage or Preference
● “Unwarranted" means lacking adequate
or official support; unjustified;
unauthorized or without justification or
adequate reason.
● “Advantage" means a more favorable
or improved position or condition;
benefit, profit or gain of any kind; benefit
from some course of action.
● "Preference" signifies priority or higher
evaluation desirability; choice or
estimation above another.
Sec. 3 (e): Third Element: Any "Private Party"
● "private party" rather than "private
person" as the recipient of the
unwarranted benefit.
● The term "party" is a technical word
having a precise meaning in legal
parlance.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

● As distinguished from "person" which, Sec. 3(f): Unlawful Act

in general usage, refers to a human
being, a "private party" is more
comprehensive in scope to mean either
a private person or a public officer
acting in a private capacity to protect
his personal interest.
Sec. 3 (e): Includes officers charged with the
grant of licenses, permits or concessions
● The last sentence of the subsection is
not a restrictive requirement which
limits the application or extent of its
coverage.
● A prosecution for violation of Section 3()
will still prosper regardless of whether
the accused public officer is charged
with the grant of licenses or permits or
other concessions, or not. [Ambil, Jr. vs.
Sandiganbayan, G.R. No. 175457, July
6, 2011]
● Section 3(e) penalizes only
consummated offenses.
Section 3(f)
● Neglecting or refusing, after due
demand or request, without sufficient
justification, to act within a from any person interested in
reasonable time on any matter pending
before him for the purpose of obtaining
directly or indirectly, from any person
interested in the matter some pecuniary
or material benefits or advantage, or
for purpose of favoring his own interest
or giving undue advantage in favor of or
discriminating against any other
interested party.
● To warrant conviction, the law requires:
a. accused's dereliction;
b. dereliction must be without
justification; and
c. dereliction must be for the
purpose of:
i. obtaining, directly or
indirectly, from any
person interested in the
matter some pecuniary
or material benefit or
advantage in favor of an
interested party; or
ii. discriminating against
another interested
party.
● The severity of the penalty imposed by
the law leaves no doubt that the
legislative intent is to consider this
element to be indispensable.
● To warrant conviction for a violation of
Section 3 (f), the law itself additionally
requires that the accused's dereliction,
besides being without justification, must
be for the purpose of:
1. obtaining, directly or indirectly,
the matter some pecuniary or
material benefit or advantage in
favor of an interested party; or
2. discriminating against another
interested party.
● The severity of the penalty imposed by
the law leaves no doubt that the
legislative intent is to consider this
element to be indispensable.

Section 3(f): Elements Section 3(g)

1. The offender is a public officer; ● Entering, on behalf of the government,
2. The said officer has neglected or has into any contract or the transaction
refused to act without sufficient manifestly and grossly
justification after due demand or disadvantageous to the same, whether
request has been made on him; or not the public officers profit or will
3. Reasonable time has elapsed from profit thereby.
such demand or request without the
public officer having acted on the matter Section 3(g): Elements
pending before him; and 1. The accused is a public officer;
4. Such failure to so act is "for the 2. He entered into a contract or
purpose of obtaining, directly or transaction on behalf of the
indirectly, from any person interested in government; and
the matter some pecuniary or material 3. Such contract or transaction is grossly
benefit or advantage in favor of an and manifestly disadvantageous to
interested party, or discriminating the government.
against another.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Sec. 3 (g): Entering into a Contract or
Transaction on Behalf of the Government
● The accused public officer must be the
one who entered into a contract or
transaction on behalf of the
Government.
● If the public officer merely
recommended the approval of the
contract and the principal is under no
compulsion to approve and to
favorably act on the recommendation,
such public officer cannot be held liable
for violation of Section 3(g).
● Section 3(g) applies not only to public
officers but also to private persons who
acted in conspiracy with public officers
in the commission of the offense.
Sec. 3(g): Contract or Transaction is Grossly
or Manifestly Disadvantageous to the
Government
● "Manifest" means obvious to the
understanding, evident to the mind and
is synonymous with open, clear, simple,
indubitable, self-evident.
● "Gross" means glaring, reprehensible,
culpable, flagrant, shocking, etc.
Sec. 3 (g): Over-pricing
● The purchase of over-priced item on
behalf of the government is a
transaction "manifestly and grossly
disadvantageous to the government".
● To establish overpricing:
1. There must be a
canvas of different
suppliers with their
corresponding prices
which could readily
show the differences in
the price quotations;
2. The object of the
canvass should be
identical to the subject
of the contract or
transaction; and
3. The canvass must be
made around the
approximate or near the
time of the transaction.
[Caunan vs. People,
G.R. Nos. 181999 and
182001-04; Marquez vs.
Sandiganbayan, G.R.
No. 182020-24,
September 2, 2009]
Sec. 3 (g): Public Bidding
● Lack of public bidding alone does not
result in a manifest and gross
disadvantage.
● It may only mean that the government
was not able to secure the lowest
bargain in its favor and may open the
door to graft and corruption.
● What the law requires is that the
disadvantage must be manifest and
gross. (Nava vs. Palattao, et.al., G.R.
No. 160211, August 28, 2006)
Section 3(h)
● Directly or indirectly having financial or
pecuniary interest in any business,
contract or transactions in connection
with which he intervenes or takes part
in his official capacity, or in which he is
prohibited by the Constitution or by any
law from having any interest.
Section 3(h): Elements
1. The accused is a public officer;
2. He has a direct or indirect financial or
pecuniary interest in an business,
contract, or transaction; and
3. He either: (a) intervenes or takes part in
his official capacity in connection with
such interest, or (b) is prohibited from
having such interest by the Constitution
or by any law.
Section 3(h)
● "Intervention" - must be actual
intervention for the law aims to prevent
the dominant use of instruments,
authority and power.
● "Transaction" in which the public officer
intervenes must be in that where the
public officer has financial or pecuniary
interest, and which is related to his
office. (Trieste vs. Sandiganbayan, G.R.
No. 70332-43, November 13, 1986]
Sec 3(h): Modes of Having Financial
Pecuniary Interest
● First mode
- when the public officer
intervenes or takes part in his
official capacity in connection
with his financial or pecuniary
interest in any business,
contract or transaction.
● Second mode
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
- when he is prohibited from
having such an interest by the
Constitution or by law.
[Caballero vs. Sandiganbayan,
G.R. Nos. 137355-58,
September 25, 2007]
** Thus, by mere maintaining a prohibited
interest while being a public officer is violative of
Sec. 3(h)
Sec. 3(h): Allegation in the Information of the
Modes
● The accused can be convicted for
violation of the second mode even when
the Information charges a violation of
the first mode, pursuant to the variance
doctrine under Section 4, in relation to
Section 5, Rule 120, Rules of Criminal
Procedure. (N.B. variance doctrine -
allows the conviction of an accused for a
crime proved which is different from but
necessarily included in the crime
charged) (G.R. No. 154182, December
17, 2004)
Section 3 (i)
● Directly or indirectly becoming
interested, for personal gain, or having a
material interest in any transaction or
act requiring the approval of the 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.
Section 3(i): Elements
1. The public officer directly or indirectly
becomes interested, for personal gain,
or has a material interest in any
transaction or act:
2. Such transaction or act requires the
approval of a board, panel or group of
which he is a member; and
3. The board, panel or group exercises
discretion in the approval of such
transaction or act.
Section 3(i); Interest
● Interest for personal gain shall be
presumed against those public officers
responsible for the approval of
manifestly unlawful, inadequate, or
irregular transaction or acts by the
board, panel or group to which they
belong.
Section 3(i): Transaction Approved by Board
or Panel
● If the manifestly unlawful, inequitable, or
irregular transaction, was approved by a
single public official, not by a board or
panel, the former maybe held liable
under section 3(g) not under 3(j)
Section 3 (i): Non-Participation in the
Approval
● The accused is still liable even when he
votes against the act or transaction or
does not participate in the action of the
board, committee, panel or group.
**Unless the accused objects to the approval of
the transaction in writing.
Section 3 (j)
● Knowingly approving or granting any
license, permit, privilege or benefit in
favor of any person not qualified for or
not legally entitled to such license,
permit, privilege or advantage, or of a
mere representative or dummy of one
who is not so qualified or entitled.
Sec. 3 (j): Good Faith
● Good faith is a defense for offenses in
violation of Section 3(j).
Section 4: Prohibition of Private Individuals
a) The offender is related (family or close
personal relation) to the public official; or
b) The offender induces or caused the
public official to commit violation of
Section 3.
Section 4 (a): Elements
1. The offender is any person;
2. He has family or close personal relation
with any public official;
3. He capitalizes or exploits or takes
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; and
4. The public official with whom the
offender has family or close relation has
to intervene in business, transaction,
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
application., request or contract with the
government.
Section 4 (a): Offender
** The one who requests or accepts gifts is not
the public official but anyone who is a family or
close personal relation with the public official.
● "It should be unlawful for any person"
- violation of Section 4(a) can be
committed not only by a private
individual but also by public official.
● "Family" - includes the spouse or
relatives by consanguinity or affinity on
the third civil degree.
● "Close personal relation” - include
close personal friendship, social and
fraternal connections, and professional
employment all giving rise to intimacy,
which assures free access to such
public officers.
Section 4 (b)
● Section 4(b) punishes any person who
knowingly induces a public officer to
commit any offense in Section 3.
Section 5: Prohibition on Certain Relatives:
Elements
1. The offender is a spouse or
relative by consanguinity or
affinity, within the third civil
degree of the President, the
Vice-President, the Senate
President, or the Speaker; and
2. The offender intervenes, directly
or indirectly, in any business,
transaction, contract or
application with the
Government.
● “To intervene" means "to come
between"
Section 6: Prohibition on Members of
Congress
● The offender is a Member of the
Congress, who, during his term, acquire
or receive personal pecuniary interest in
any business enterprise which is a
beneficiary of a law or resolution which
he authored;
● The offender is a Member of the
Congress who recommends the
initiation in Congress of the enactment
or adoption of law or resolution that will
directly or particularly favor or benefit a
specific business enterprise and acquire
or receive personal pecuniary interest
during his incumbency in such business
enterprise; and
● The offender is a Member of the
Congress or other public officer, who,
having personal pecuniary interest in
any business enterprise prior to the
approval of such law or resolution
authored or recommended by him,
continues to retain such interest for 30
days after such approval.
Section 6(1): Elements
1. the offender is a Member of the
Congress;
2. he authors a law or resolution that will
directly or particularly favor or benefit a
specific business enterprise;
3. during the term for which he has been
elected, Congress approved the law or
adopted the resolution; and
4. during the same term, offender acquires
or receives any personal pecuniary
interest in the enterprise.
Section 6 (2): Elements
1. The offender is a public officer;
2. He recommends the initiation in
Congress of the enactment or adoption
of law or resolution that will directly or
particularly favor or benefit a specific
business enterprise; and
3. During his incumbency, the offender
acquires or receives any personal
pecuniary interest in the enterprise.
Section 6(3): Elements
1. The offender is a Member of Congress
or public officer;
2. He authors or recommends a law or
resolution that will directly and
particularly favor or benefit a specific
business or enterprise;
3. Prior to the approval of the law or
resolution, the offender has personal
pecuniary interest in the enterprise; and
4. The offender continues for thirty days
after its approval to retain such interest.
Section 7: Statement of Assets & Liabilities
● Mandates the periodical submission of
sworn Statement of Assets Liabilities
and Networth (SALN) by officials and
employees of the government.
○ Initially - within 30 days after
assuming office;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
○ Periodically - on or before April
15;
○ Finally - upon expiration of his
term of office, resignation or
separation from office.
Section 8: Unexplained Wealth
● Unexplained wealth - an amount of
property acquired by any public officer
or employee during his incumbency,
whether in his name or in the name of
other persons, which is manifestly out of
proportion to his salary or to his other
lawful income and the income from
legitimately acquired property.
● The unexplained wealth, shall be
presumed to have been unlawfully
acquired.
● Having unexplained wealth is a valid
ground for the administrative
suspension of the public official
concerned for an indefinite period until
the investigation of the unexplained
wealth is completed.
Section 9: Penalties: Violation of Sections 3-
6 The pre-suspension hearing is mandatory.
1. imprisonment for not less than 6 years
and 1 month nor more than 15 years;
and
2. perpetual disqualification from public
office; and
3. confiscation or forfeiture in favor of the
Government of any prohibited interest or
unexplained wealth manifestly out of
proportion to his salary and other lawful
income.
Section 9: Penalties: Viol. of Section 7
(SALN)
1. Fine of not less than PhP1.000.00 but
not more than PhP5,000.00; or
2. Imprisonment not exceeding 1 year and
6 months; or
3. Both fine and imprisonment, at the
discretion of the court.
Section 11: Prescription of offenses
● All offenses punishable under RA 3019
shall prescribe in 20 years, from the
commission of the crime, if known,
otherwise, from discovery. (R.A. 10910,
July 27, 2015, effective on July 21, 2016
(amended prescriptive period from 15
years to 20 years)]
Section 12: Termination of Office
● Prohibits the public officer from
resigning or retiring pending an
investigation, administrative or criminal,
or pending prosecution against him, for
any offense under RA 3019 or the RPC
on bribery.
Section 13: Suspension and Loss of Benefits
● Mandates the preventive suspension of
a public officer charged with a graft-
related crime, whether for violation of
RA 3019 or the PC, under a valid
Information.
● The suspension is not a penalty.
● "shall be suspended from office"
○ suspension is mandatory,
motion before the court is not
required, but court order is
required for implementation.
Section 13: Requisites for Suspension
1. There must be a valid Information; and
2. A pre-suspension hearing must be
conducted to determine the validity of
the Information.
● RA 3019 does not fix the period of
preventive suspension. The period of
preventive suspension under the
Administrative Code was used, by
analogy, in fixing the duration of
preventive suspension under RA 3019 -
it should not exceed 90 days.
Section 13: Period of Suspension
● RA 3019 does not fix the period of
preventive suspension.
● The period of preventive suspension
under the Administrative Code was
used, by analogy, in fixing the duration
of preventive suspension under RA
3019 - it should not exceed 90 days.
Section 13: Effect of Suspension
● A public officer who is preventively
suspended cannot receive his salaries
and other benefits pertaining to the
period of his suspension.
● If subsequently convicted by final
judgment, he shall lose all retirement or
gratuity benefits.
● If subsequently acquitted, he shall be
entitled to reinstatement and to the
salaries and benefits which he ailed to
receive during suspension.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

Concepts & Principles

● "Offense committed in relation to the
office"
○ the relation between the crime
and the office must be direct
and not accidental.
○ The crime must relate to official
functions. The offender must
capitalize on his or her official
function to commit the crime
charged.
● Private persons, when acting in
conspiracy with the public officers,
maybe indicted and, if found guilty, held
liable for the pertinent offenses under
Section 3 of RA 3019.
● This is in consonance with the avowed
policy of the anti-graft law to repress
certain acts of public officers and private
persons alike constituting graft or
corrupt practices act or which may lead
there to.
● The law does not require that such
person must, in all instances, be
indicted with a public officer. The private
person maybe indicted alone even when
the public officer can no longer be
charged in court. (People vs. Go)
● The wrongful act punishable under the
law is a malum in se or wrong per se.
● Hence, lack of malice or good faith is a
defense.
● The law on public officers provide that
acts done in the performance of official
duty are protected by the presumption of
good faith, and that even mistakes
committed by such public officers are
not actionable as long as it is not shown
that they were motivated by malice or
gross negligence amounting to bad
faith.

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-PLUNDER ACT
R.A. NO. 7080
Anti-Plunder Act
● RA No. 7080 was enacted on July 12,
1991.
Background that Propelled the Enactment of
the Law
● The Anti-Plunder Law was enacted in
the aftermath of the Marcos regime
where charges of ill-gotten wealth were
filed against the former President and
his alleged cronies.
● At that time, Government prosecutors
found no appropriate law to deal with
the multitude and magnitude of acts
allegedly committed by the former
President to acquire illegal wealth.
● The prosecution of these acts had
become extremely difficult because
under the then existing laws, when the
acts involve different transactions,
different time and different personalities,
every transaction constituted a separate
crime and required a separate case and
the overall conspiracy had to be broken
down into several criminal and graft
charges Background that Propelled the
Enactment of the Law
● Hence, RA 7080 or the Anti-Plunder
Law was crafted to address this
procedural problem.
● The law was also enacted to address
the need for a legislation that will
safeguard against the possible
recurrence of the depravities of the
previous regime and serve as a
deterrent to those with similar
inclination to succumb to the
corrupting influence of power.
● Plunder punishes the use of high
office for personal enrichment,
committed through a series of acts done
not in the public eye, but in stealth and
secrecy over a period of time, that may
involve so many persons, here and
abroad, and which touch so many state
and territorial units.
● The acts and/or omissions sought to be
penalized do not involve simple cases of
conversion of public funds, bribery,
extortion, theft and graft but constitutes
the plunder of an entire nation resulting
in material damage to the national
economy.
Purpose:
● To eradicate the scourge of grand-scale
corruption and secure society against
the avarice and other venalities in public
office.
Section 1(d); "Ill-gotten Wealth"
● Generally, it refers to the mass of wealth
acquired by the accused public officer
through series or combination of the
overt criminal acts enumerated under
Section 1 (d).
● Any asset, property, business enterprise
or material possession of any person
within the purview Section 2 hereof,
acquired by him directly or indirectly
through dummies, nominees, agents,
subordinates and/or business
associates by any combination or a
series of the means or similar schemes
thus enumerated.
Sec. 1(d): Means/Schemes of Acquiring Ill-
gotten Wealth & Overt Criminal Acts of
Plunder (6)
● The "overt criminal acts" referred to in
the definition of Plunder under Section 2
are the "means" and "schemes" for the
acquisition of the mass of wealth
considered as "ill-gotten" under Section
1.
1. Through misappropriation, conversion,
misuse or malversation of public funds
or raids on the public treasury;
(Article217,RPC-Malversation)
2. By 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; (Arts. 210 &
211, RPC-Direct/Indirect Bribery; Sec. 3
(b), (h) & (i), RA 3019)
3. By the illegal or fraudulent
conveyance or disposition of assets
belonging to the National
Government or any of its subdivisions,
agencies or instrumentalities or
government-owned or- controlled
corporations and their subsidiaries;
(Arts. 213 & 214, RPC-Frauds against
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
the public treasury/Other frauds; Sec.
3(g), RA 3019)
4. Obtaining, receiving or accepting
directly or indirectly any shares of stock,
equity or any other form of interest or
participation including the promise of
future employment in any business
enterprise or undertaking; [Art. 216,
RPC-Possession of prohibited interest
by public officers; Art. 210 & 211, RPC-
Direct/Indirect Bribery; Sec. 3(b), (c), (d)
& (i)]
5. Establishing agricultural, industrial
commercial monopolies or other
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interests;
[Art. 186, RPC-Monopolies & ● If there is only one criminal overt act
Combinations in restraint of trade; Sec.
3(e), RA 3019]
6. Think 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
Republic of the Philippines. [Arts. 210 &
211, RPC-Direct/Indirect Bribery; Arts.
213 & 214-Frauds against the public
treasury/Other frauds; Art. 217-
Malversation; Section 3(e), RA 3019]
Sec. 1(d) & Sec. 2: "Combination" & "Series"
of Means or Schemes & Overt Criminal Acts
● So, when one acquires "ill-gotten
wealth", does he commit plunder? No.
The overt criminal acts of plunder which
is also the means or scheme in
acquiring ill-gotten wealth must also be
committed in series or combination
and the aggregate amount of the "ill-
gotten wealth" must be at least
PhP50M.
● Combination - "the result or product of
combining; the act or process of
combining; to combine is to bring into
such close relationship as to obscure
individual characters".
● Thus, as used in Plunder Law,
"combination" means that at least two of
the enumerated overt criminal acts be
committed.
● One of any of the enumerated acts,
combined with another act falling
under any other of the enumerated
means, may constitute the crime of
plunder. (Joseph E. Estrada vs.
Sandiganbayan, G.R. No. 148560,
November 19, 2001.)
Sec. I (d) & Sec. 2: "Series" of Means or
Schemes & Overt Criminal Acts
● Series - "a number of things or events
of the same class coming one after
another in spatial and temporal
succession"
● In contemplation of the Plunder Law,
therefore, "series" pertains to "two or
more overt or criminal acts falling
under the same category" of
enumeration in Section 1(d). (Joseph E.
Estrada vs. Sandiganbayan, G.R. No.
148560, November 19, 2001.)
committed once, even if the amount
acquired by such overt criminal act or
scheme is PhP50M or more, no Plunder.
Sec. 1(d) & Sec. 2: "Combination" & "Series"
of Means or Schemes & Overt Criminal Acts
● The heart of the Plunder Law lies in the
phrase "combination or series of overt or
criminal acts."
● Hence, even if the accumulated ill-
gotten wealth amounts to at least P50
million, a person cannot be prosecuted
for the crime of plunder if this resulted
from a single criminal act.
● The various overt acts that constitute the
"combination" and "series" the
Information alleged, are material facts
that should not only be alleged, but must
be stated with sufficient definiteness so
that the accused would know what he is
specifically charged of and why he
stands charged, so that he could
properly defend himself against the
charge./Enrile vs. People, G.R. No.
213455, August 11, 2015]
Sec. I(d) (1); "Raids on the Public Treasury
● A loose concept with loose meaning.
● No other law or rule describes, governs
or criminalizes "raids on the public
treasury", except as that provided in
Anti-Plunder Law.
● Case law instructs that to discern the
proper import of the phrase "raids on
the public treasury", the key is to look
at the accompanying words:
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
misappropriation, conversion, misuse or
malversation of public funds.
● This process is conformable with the
maxim of statutory construction noscitur
a sociis, which provides that the correct
construction of a particular word or
phrase that is ambiguous in itself or is
equally susceptible of various meanings
maybe made by considering the
company of the words in which the
word or phrase is found or with which it
is associated. (Macapagal-Arroyo vs.
People, et. al., G.R. No. 220598, July
19, 2016.)
● "Misappropriation'’, "conversion"
"misuse" or "malversation" of public
funds.
● Except for malversation of public funds
which is a crime defined and penalized
under Art. 217, RPC, the law did not
assign any specific/technical meaning to
the other words - misappropriation,
conversion, misuse, thus, the words
must be taken by their ordinary or plain
meaning.
● Misappropriate - to own, to take
something for one's benefit;
● Convert - act of using or disposing of
another's property as if it were one's
own;
● Misuse - a good, substance, privilege,
or right used improperly, unforeseeably,
or not as intended;
● Malversation - as described in Art. 217,
is the appropriation misappropriation of
taking of public funds or property by any
public officer or by his consent, through
abandonment or negligence, shall
permit any other person to take such
public funds, or property.
● The common concept derived from
meaning of the four terms together is
that, in all those acts (misappropriation,
conversion, misuse & malversation) the
public officer must have taken and
have used the property taken.
● In other words, the property must have
been taken for personal use and
benefit.
● Considering that raids on the public
treasury is in the company of the four
other terms that require the use of the
property taken, the phrase raids in the
public treasury similarly requires taking
for personal use and benefit.
Sec. 2: 1st Element: Concept of Conspiracy
● Pursuant to the maxim, noscitur a sociis,
raids on the public treasury requires the
raider to use the property taken
impliedly for his personal benefit.
(Macapagal-Arroyo vs. People, et. al.,
G.R. No. 220598, July 19, 2016)
● Therefore, if the charge for plunder is by
committing series of the overt criminal
acts in Sec. 1 (d)(1) or by means of or
through the scheme of series of
misappropriation, conversion, misuse,
malversation or raids on the public
treasury, personal use or personal
benefit is an element and must be
shown; mere "taking" is not enough.
● Thus, in Plunder through raids on the
public treasury, personal gain or benefit
by the main plundered is an element. To
establish this element, it is required to
show where the money went or how it
was used. (Macapagal-Arroyo vs.
People, et. al., G.R. No. 220598, July
19, 2016)
Section 2: Plunder
● The amassing, accumulation or
acquisition by any public officer, by
himself or in connivance with members
of his family, relatives by affinity or
consanguinity, business associates,
subordinates or other persons, of ill-
gotten wealth through a combination or
series of overt or criminal acts as
described in Section 1(d), in the
aggregate amount or total value of at
least php50 Million.
Section 2: Plunder: Elements
1. The offender is a public officer who:
a. acts by himself; or
b. in connivance with members of
his family, relatives by affinity or
consanguinity, business
associate, subordinates; or
c. in connivance with other
persons.
2. The public officer amassed,
accumulated or acquired ill-gotten,
wealth through a combination or series
of the overt or criminal acts in Section
1 (d)(1).
3. The aggregate amount or total value of
ill-gotten wealth accumulated or
acquired is at least PhP50 Million.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● The offender public officer acts by
himself or in connivance with other
persons.
● The crime of plunder can be committed
by a public officer acting alone or in
conspiracy with another.
● Under Art. 8, RPC - conspiracy is
understood on two levels: as a crime by
itself; or as a means to commit a crime.
Art. 8 (2nd par.): Conspiracy as a Crime
● As a general rule, conspiracy is not a
crime in our jurisdiction, unless a law
specifically punishes the conspiracy,
therefore making it a distinct crime.
● Conspiracy is punished as a crime only
when the law fixes a penalty for its
commission such as in conspiracy to
commit treason, rebellion and sedition.
● When conspiracy is charged as a crime
the act of conspiring and all the
elements of the said crime must be set
forth in the complaint or Information.
Art. 8 (2'' par.): Conspiracy as a Means of
Committing a Crime
● When conspiracy is not charged as a
crime in itself but only as a mode of
committing the crime, there is less
necessity of reciting its particularities in
the Information because conspiracy is
not the gravamen of the offense
charged. It is enough that conspiracy be
sufficiently alleged.
● The conspiracy is significant only
because it changes the criminal liability
of all the accused, each co-conspirator
is as criminally liable as the others, for
the act of one, the act of all.
● A co-conspirator does not have to
participate in every detail of the
execution; neither does he have to know
the exact part performed by the co-
conspirator in the execution of the
criminal act. Otherwise, the criminal
liability of each accused is individual and
independent
. the amassing, accumulation and
Two Nuances of Conspiracy as a Means of
Committing a Crime
● Two kinds of conspiracies as a mode of
committing a crime:
1. The wheel conspiracy; and
2. The chain conspiracy
Sec. 2: 2nd Element: The Main Plunderer
Wheel Conspiracy & Chain Conspiracy
● Wheel conspiracy - occurs when there
is a single person or group (the hub)
dealing individually with two or more
other persons or groups (the spokes).
The spoke typically interacts with the
hub rather than with another spoke. In
the event that the spoke shares a
common purpose to succeed, there is a
single conspiracy. However, in the
instances when each spoke is
unconcerned with the success of the
other spokes, there are multiple
conspiracies.
● Chain conspiracy - exists when there is
successive communication and
cooperation in much the same way as
with legitimate business operations
between manufacturer and wholesaler,
then wholesaler and retailer, and then
retailer and consumer. This involves
individuals linked together in a vertical
chain to achieve a criminal objective.
● Each conspirator knew that "the success
of that part with which he was
immediately concerned was dependent
upon success of the whole." This
means, therefore, that' "every member
of the conspiracy was liable for every
illegal transaction carried out by other
members of the conspiracy.
Sec. 2: 1st Element: Concept of Main
Plunderer
● Conspiracy in Plunder is expressly
described to exist when any person
participated with the public officer in the
commission of an offense
contributing to the crime of plunder.
● The conspirator shall be punished for
the offense of Plunder as that with the
public officer.
● Therefore, for conspiracy in the
commission of the crime of Plunder to
exist, any person must have
participated with the public officer in the
commission of Plunder.
● The conspirator's participation relates to
acquisition of ill-gotten wealth of/for
the accused public officer who is the
main plunderer (Macapagal-Arroyo vs.
People, et. al., G.R. No. 220598, July
19, 2016. )
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● The offender public officer amassed,
accumulated or acquired ill-gotten
wealth through a combination or series
of overt or criminal acts.
● The public officer must be the one who
amassed, accumulated or acquired the
ill-gotten wealth in the aggregate
amount of at least PhP50 Million, the
main plunderer.
● The main plunderer must be the
offender public officer, as distinguished
from the co-conspirator who participated
in the amassing, accumulating or
acquiring of ill-gotten wealth for the
public officer.
● The co-conspirator is any person (a
private individual or entity or another
public officer).
● The law on Plunder requires that a
particular public officer must be
identified as the one who amassed,
acquired or accumulated ill-gotten
wealth because the law plainly states
that it is committed by any public officer
who, by himself or in connivance with
members of his family, relative by
affinity or consanguinity, business
associates, subordinates, or other
persons, amasses, accumulates or
acquires ill-gotten wealth in the
aggregate amount of at least PhP50
Million through a combination or series
of overt or criminal acts as described in
Section 1(d). (Macapagal-Arroyo vs.
People, et.al., G.R. No. 220598, July 19,
2016.)
Sec. 2: 2nd Element: Identity of the Main
Plunderer
● The law requires that in the criminal
charge for Plunder against several
individuals, there must be a main
plunderer and co-conspirators, who
may be members of her family, relatives
by affinity or consanguinity, business
associates, subordinates or other
persons.
● The identification of the main
plunderer for whose benefit, the
amassment, accumulation and
acquisition was made, is an element of
the crime of plunder.
● Identification is necessary not only
because the law required such
identification, but also because it was
essential in safeguarding the rights
of all the accused to be properly
informed of the charges they were being
made answerable for, as they are
presumed to have no independent
knowledge of the facts that constituted
the offense charged.
● Without the identification of the main
plunderer, the alleged co-conspirator
would have to account for the aliquot
amount of the alleged aggregate ill-
gotten wealth.
● The failure to properly allege the main
plunderer is fatal to the prosecution
of plunder. (Macapagal-Arroyo vs.
People, et.al., G.R. No. 220598, July 19,
2016.)
Sec. 2: 3rd Element: The Threshold Amount
● RA 7080 prescribes the amount of
PhP75Million as the threshold amount
for Plunder.
● In Sec. 12, RA 7659 (Death Penalty
Law) which was approved on December
13, 1993, Sec. 2 of RA 7080 was not
only amended to impose the penalty of
death, but the threshold amount was
also amended by decreasing it to
PhP50Million.
● RA 7659 was amended by RA 9346 on
June 24, 2006 by prohibiting the
imposition of the death penalty.
However, the amendment is only to the
effect of repealing the previous
imposition of death penalty on certain
crimes identified in the Death Penalty
Law (including the crime of Plunder), it
has no effect on the amendment
introduced by RA 7659 on the threshold
amount of PhP50Million.
● Thus, as it stands, the threshold amount
for Plunder is PhP50Million
Section 2: Corpus Delicti of Plunder
● The corpus delicti of Plunder is the
amassment, accumulation or acquisition
of ill-gotten wealth valued at not less
than PhP50 Million.
Section 2: Penalty
● The crime of Plunder is punished by
reclusion perpetua to death.
● Thus, Plunder is a capital offense (Sec.
6, Rule 114).
● The application of the provisions of the
RPC in the imposition of penalties, is
expressly allowed.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● The law expressly provides that in the
imposition of penalties, the degree of
participation and the attendance of
mitigating andextenuating
circumstances, as provided in the PC,
shall be considered by the court.
● The application of these circumstances
further indicate that mens rea is an
element of plunder since the degree of
responsibility of the offender is
determined by his criminal intent.
Section 2: Forfeiture of ill-gotten wealth
● The court shall declare any and all ill-
gotten wealth and their interests and
other incomes and assets including the
properties and shares of stocks derived
from the deposit or investment thereof,
forfeited in favor of the State.
Section 3: Jurisdiction
● all prosecutions for Plunder shall be
within the original jurisdiction of the
Sandiganbayan.
Section 4: Rule of Evidence
(Required Evidence)
● Not all overt criminal acts alleged in the
Information need to be proved beyond
reasonable doubt.
● But this does not mean that the
requirement of proof beyond reasonable
doubt of the predicate acts constituting
the crime of Plunder is dispensed with.
● What the prosecution needs to prove
beyond reasonable doubt is only a
number of acts sufficient to form a
combination or series which would
constitute a "pattern" and involving an
amount of at least PhP50 Million.
(Joseph E. Estrada vs. Sandiganbayan,
G.R. No. 148560, November 19, 2001.)
● Example:
○ The accused is charged in the
Information of malversing public
funds on 20 different occasions,
the prosecution does not need
to prove all 20 transactions; it
suffices if a number of these
acts of malversation can be
proven with moral certainty,
provided only that the series or
combination of transaction
would amount to at least
P50,000,000.00.
○ Nonetheless, each of the 20
transactions should be averred
with particularity, more so if the
circumstances surrounding each
transaction are not the same.
This is the only way that the
accused can properly prepare
for his defense during trial.
[Enrile vs. People, G.R. No.
213455, August 11, 2015]
Sec. 4: Pattern of Overt Criminal Acts
● Pattern of Overt Criminal Acts
consists of at least combination or series
of overt or criminal acts directed
towards a common purpose or goal
which is to enable the public officer to
amass, accumulate or acquire ill-gotten
wealth; and
● That there is either an "overall
unlawful scheme", "general plan of
action or method" or "conspiracy" to
achieve the common goal. (Joseph E.
Estrada vs. Sandiganbayan, G.R. No.
148560, November 19, 2001.)
Sec. 4: Overall Unlawful Scheme
● The Pattern of Overt Criminal Acts must
be indicative of the overall unlawful
scheme or conspiracy to amass,
accumulate, or acquire ill-gotten wealth.
● Overall unlawful scheme indicates a
general plan of action or method that the
principal accused and public officer and
others conniving with him follow to
achieve their common criminal goal.
● If no overall scheme can be found or
where the schemes or methods used by
the multiple accused vary, the overt or
criminal acts must form part of a
conspiracy (agreement) to attain a
common criminal goal. (Enrile vs.
People, G.R. No. 213455, August 11,
2015]
Sec. 4: Pattern of Overt Criminal Acts
Indicative of an Overall Unlawful Scheme
● To prove plunder, the prosecution must
weave a web out of the six ways of
illegally amassing wealth and show how
the various acts reveal a combination or
series of means or schemes that reveal
a pattern of criminality.
● The interrelationship of the separate
acts must be shown and be established
as a scheme to accumulate ill-gotten
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

wealth amounting to at least P50

million./Enrile vs. People, G.R. No.
213455, August 11, 2015]

Section 6: Prescription of Crimes

● The prosecution of the crime of plunder
prescribes in 20 years. The period
begins to run on the day the crime was
committed, if known. If not, the period
begins to run only from discovery.
● However, civil actions for the recovery of
ill-gotten wealth shall not be barred by
prescription.

Other Concepts & Principles:

● Under RA7659, Plunder is a heinous
crime.
● This implies that Plunder is a malum in
se, for when the actspunished are
inherently immoral or inherently wrong,
they are mala in se and it does not
matter that such acts are punished in
special law.
● It being a mala in se, proof of criminal
intent or mens rea is required.

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
CODE OF CONDUCT & ETHICAL STANDARDS
FOR PUBLIC OFFICIALS & EMPLOYEES
R.A. NO. 6713
Approval: February 20, 1989
Purpose:
To promote a high standard of ethics in public
service, consistent with the principle that public
officials and employees shall at all times be
accountable to the people and shall discharge
their duties with utmost responsibility, integrity,
competence, and loyalty, act with patriotism and
justice, lead modest lives, and uphold public
interest over personal interest.
Section 11: Persons Liable
1. Any public official or employee,
regardless of whether or not he holds
office or employment in a casual,
temporary, holdover, permanent or
regular capacity, committing any
violation of this Act; and
2. Private individuals who participate in
conspiracy as co-principals,
accomplices or accessories, with public
officials or employees, in violation of this
Act - the same penal liabilities as the
public officials or employees and shall
be tried jointly with them.
Section 4(A): Norms Of Conduct Of Public
Officials & Employees
Norms - rules or expectations that are socially
enforced; a principle of right action binding upon
the members of a group and serving to guide,
control, or regulate proper and acceptable
behavior.
❖ Standards of personal conduct in the
discharge and execution of official
duties;
❖ endeavoring "to discourage wrong perception of
❖ Do not apply to private transactions that
have no connection to the duties of
one's office; or to the act complained
that is not at all related to his discharge
of duties. (Samson vs. Restrivera, GR
No. 178454, March 28, 20117
Section 4(A): Norms Of Conduct Of Public
Officials & Employees
➢ Commitment to public interest;
➢ Professionalism;
➢ Justness and sincerity;
➢ Political neutrality;
➢ Responsiveness to the public;
➢ Nationalism and patriotism;
➢ Commitment to democracy; and
➢ Simple living
Section 4(A)(a): Commitment To Public
Interest
Public officials and employees shall:
● Always uphold the public interest over
and above personal interest.
● Use and employ all government
resources and powers of their respective
offices efficiently, effectively, honestly
and economically, particularly to avoid
wastage in public funds and revenues.
Section 4(A)(b): Professionalism
Public officials and employees shall:
● Perform and discharge their duties with
the highest degree of excellence,
professionalism, intelligence and skill.
● Enter public service with utmost
devotion and dedication to duty.
● Endeavor to discourage wrong
perceptions of their roles as dispensers
or peddlers of undue patronage.
❖ Professionalism - the conduct, aims, or
qualities that characterize or mark a
profession.
❖ A professional - refers to a person who
engages in an activity with great
competence.
To call a person a professional is to describe
him as competent, efficient, experienced,
proficient or polished. [Samson vs.Restrivera,
GR No. 178454, March 28, 2011]
Professionalism - in the context of Section 4
(A)(b), the observance of professionalism also
means upholding the integrity of public office by
their roles as dispensers or peddlers of undue
patronage."
Thus, a public official or employee should avoid
any appearance of impropriety affecting the
integrity of government services. [Samson vs.
Restrivera, GR No. 178454, March 28, 20117
Section 4(A)(c): Justness & Sincerity Public
officials and employees shall:
➢ Remain true to the people at all times;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
➢ Act with justness and sincerity;
➢ Not discriminate against anyone,
especially the poor and the
underprivileged;
➢ At all times respect the rights of others,
and shall refrain from doing acts
contrary to law, good morals, good
customs, public policy, public order,
public safety and public interest;
➢ Not dispense or extend undue favors on
account of their office to their relatives
whether by consanguinity or affinity
except with respect to appointments of
such relatives to positions considered
strictly confidential or as members of
their personal staff whose terms are
coterminous with theirs.
Section 4(A)(d): Political Neutrality
Public officials and employees shall provide
service to everyone without unfair discrimination
and regardless of party affiliation or preference.
Section 4(A)(e): Responsiveness to the
Public
Public officials and employees shall:
1. Extend prompt, courteous, and
adequate service to the public;
2. Provide information of their policies and
procedures in clear and understandable
language, unless otherwise provided by
law or when required by the public
interest;
3. Ensure openness of information, public
consultations and hearings whenever
appropriate;
4. Encourage suggestions, simplify and
systematize policy, rules and
procedures;
5. Avoid red tape; and
6. Develop an understanding and
appreciation of the socio-economic
conditions prevailing in the country,
especially in the depressed rural and
urban areas.
Section 4(A)(f): Nationalism & Patriotism
Public officials and employees shall:
1. At all times be loyal to the Republic and
to the Filipino people;
2. Promote the use of locally produced
goods, resources and technology; and
3. Encourage appreciation and pride of
country and people;
4. Endeavor to maintain and defend
Philippine sovereignty against foreign
intrusion.
Section 4(A)(g): Commitment To Democracy
1. Public officials and employees shall:
2. Commit themselves to the democratic
way of life and values;
3. Maintain the principle of public
accountability; and
4. Manifest by deeds the supremacy of
civilian authority over the military;
5. At all times uphold the Constitution and
put loyalty to country above loyalty to
persons or party.
Section 4(A)(h): Simple Living
Public officials and employees and their families
shall:
1. Lead modest lives appropriate to their
positions and income; and
2. Not indulge in extravagant or
ostentatious display of wealth in any
form.
Failure to Uphold the Norms; Failure to
Comply with the High Standard
Norms - as enunciated in Section 4 (A) are ideal
norm of conduct to be observed by public
servants,
Under the mandated incentives and rewards
system, officials and employees who comply
with the high standard set by law would be
rewarded.
Those who fail to do so cannot expect the same
favorable treatment.
However, the Implementing Rules does not
provide that they will have to be sanctioned
for failure to observe these norms of
conduct.
Failure to abide by the norms of conduct under
Section 4(A)(b), in relation to its implementing
rules, is not a ground for disciplinary action.
(merely a norm in the determination of
exemplary service and conduct as basis for the
award of incentives and rewards) (Samson vs.
Restrivera, GR No. 178454, March 28, 2011,
reiterating Domingo v. Office of the
Ombudsman, G.R. No. 176127, January 30,
2009]
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Failure to abide by the norms of conduct is not a
ground for administrative disciplinary action.
Only acts declared unlawful or prohibited found
in Rule X of the IRR, are grounds for
administrative disciplinary action. [Samson
vs. Restrivera, G.R. No. 178454, March 28,
2011, reiterating Domingo v. Office of the
Ombudsman, G.R. No. 176127, January 30,
2009]
Conduct Unbecoming A Public Officer
● Failure to abide by the norms of conduct
(reneging on promise to return money,
document entrusted to him)
● Means improper performance and
applies to a broader range of
transgressions of rules not only of social
behavior but of ethical practice or logical
procedure or prescribed method.
● Any act that falls short of the exacting
standards for public office.
● Any transgression that could erode the
public's trust in government employees.
CSC Rules: Conduct Unbecoming A Public
Officer
Conduct unbecoming a public officer do not
constitute a violation of RA 6713, and is not a
ground for administrative disciplinary action
under said law.
However, conduct unbecoming a public officer is
equivalent to conduct prejudicial to the public
service, and administrative offense under Rule
10 B) of the Revised Rules On Administrative
Cases in the Civil Service (RRACCS).
Section 5: Duties of Public Officials &
Employees
1. Act promptly on letters and requests;
2. Submit annual performance reports;
3. Process documents and papers
expeditiously;
4. Act immediately on the public's personal
transactions; and
5. Make documents accessible to the
public
Section 5(a): Act Promptly on Letters &
Requests
❖ Respond to letters, telegrams or other
means of communications sent by the
public, within fifteen (15) working days
from receipt thereof.
❖ The reply must contain the action taken
on the request.
Respond and act.
Section 5(b): Submit Annual Performance
Reports
❖ Addressed to all heads or other
responsible officers of offices and
agencies of the government and of
GOCCs;
❖ Render a performance report of the
agency or office or corporation
concerned within forty-five (45) working
days from the end of the year;
❖ Make such report open and available to
the public within regular office hours.
Sec. 5(c): Process Documents & Papers
Expeditiously
Process and complete all official papers and
documents within a reasonable time from the
preparation thereof and must contain, as far as
practicable, not more than three (3) signatories
therein.
In the absence of duly authorized signatories,
the official next-in-rank or officer-in-charge shall
sign for and in their behalf.
Sec. 5(d): Act Immediately on the Public's
Personal Transactions
Attend to anyone who wants to avail himself of
the services of their offices and must, at all
times, act promptly and expeditiously.
Sec. 5(e): Make Documents Accessible to the
Public
make all public documents accessible to, and
readily available for inspection by, the public
within reasonable working hours.
Section 7: Prohibited Acts & Transactions
I. In addition to acts and omissions of
public officials and employees now
prescribed in the Constitution and
existing laws.
A. Financial and material interest;
B. Outside employment and other
activities related thereto;
C. Disclosure and/or misuse of
confidential information; and
D. Solicitation or acceptance of
gifts
II. Unlawful use of any statement as
prohibited under Sec. 8(d).
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Section 7(a): Prohibition on Having Financial
& Material Interest
Public officials and employees shall not, directly
or indirectly, have any financial or material
interest in any transaction requiring
the approval of their office.
Section 7(b): Prohibition on Having Outside
Employment & Other Activities Related
Thereto
Public officials and employees shall not, during
their incumbency shall not:
1. Own, control, manage or accept
employment as officer, employee,
consultant, counsel, broker, agent,
trustee or nominee in any private
enterprise regulated, supervised or
licensed by their office unless expressly
allowed by law;
2. Engage in the private practice of their
profession unless authorized by the
Constitution or law, provided, that such
practice will not conflict or tend to
conflict with their official functions; or
3. Recommend any person to any position
in a private enterprise which has a
regular or pending official transaction
with their office.
Section 7(c): Prohibition on Disclosure &/Or
Misuse of Confidential Information
Public officials and employees shall not, use or
divulge, confidential or classified information
officially known to them by reason of their office
and not made available to the public, either:
1. To further their private interests, or give
undue advantage to
2. anyone; or
3. To prejudice the public interest.
Section 7(d): Prohibition on Solicitation or
Acceptance of Gifts
Public officials and employees shall not solicit or
accept, directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of
monetary value from any person in the course of
their official duties or in connection with any
operation being regulated by, or any transaction
which may be affected by the functions of their
office.
This shall not be construed as to restrict or
prohibit any educational, scientific or cultural
exchange programs subject to national security
requirements.
Section 7(d): Foreign Gifts or Grants
As to gifts or grants from foreign governments,
the Congress consents to:
1. The acceptance and retention by a
public official or employee of a gift of
nominal value tendered and received as
a souvenir or mark of courtesy;
2. The acceptance by a public official or
employee of a gift in the nature of a
scholarship or fellowship grant or
medical treatment; or
3. The acceptance by a public official or
employee of travel grants or expenses
for travel taking place entirely outside
the Philippine (such as allowances,
transportation, food, and lodging) of
more than nominal value if such
acceptance is appropriate or consistent
with the interests of the Philippines, and
permitted by the head of office, branch
or agency to which he belongs.
Rule X, IRR: Unlawful & Prohibited Acts:
Grounds for Disciplinary Administrative
Actions
Section 8: Statements and Disclosure
Public officials and employees have an
obligation to accomplish and submit declarations
under oath of, and the public has the right to
know, their assets, liabilities, net worth and
financial and business interests including those
of their spouses and of unmarried children under
eighteen (18) years of age living in their
households.
Section 8: Statements and Disclosure
Disclosures include:
● Statements Of Assets And Liabilities
and Financial Disclosure
● Identification And Disclosure Of
Relatives
Section 8(A): SALN & Financial Disclosure
Disclosure covers;
● SAL & Financial Disclosure - initially,
within 30 days from date of assumption
of office;
● Necessary authority in favor of the
Ombudsman to obtain from all
appropriate government agencies,
including the BIR, such documents as
may show their assets, liabilities, net
worth, and also their business interests
and financial connections in previous
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
years, including, if possible, the year
when they first assumed any office in
the Government.
Section 8(A): SALN & Financial Disclosure
Where to file:
● National office of the Ombudsman -
constitutional and national elective
officials;
● Office of the President - Senators,
Congressmen, Secretaries of the
Senate and House of Representatives,
Justices, Clerk of Court of the Supreme
Court; Judges, the Court Administrator,
all national executive officials, officers of
the armed forces from the rank of
colonel or naval captain.
● Deputy Ombudsman in their
respective regions - Regional and local
officials and employees, officers of the
armed forces below the rank of colonel
or naval captain;
● Civil Service Commission - all other
public officials and employees, defined
in Republic Act No. 3019.
Section 8(B): Identification & Disclosure Of
Relatives
It shall be the duty of every public official or
employee to identify and disclose, to the best of
his knowledge and information, his relatives in
the Government in the form, manner and
frequency prescribed by the Civil Service
Commission.
Section 8(C): Accessibility Of Documents
1. Any and all statements filed under the
Act, shall be made available for
inspection at reasonable hours.
2. Such statements shall be made
available for copying or reproduction
after ten (10) working days from the time
they are filed as required by law.
3. Any person requesting a copy of a
statement shall be required to pay a
reasonable fee to cover the cost of
reproduction and mailing of such
statement, as well as the cost of
certification.
4. Any statement filed under this Act shall
be available to the public for a period of
ten (10) years after receipt of the
statement. After such period, the
statement may be destroyed unless
needed in an ongoing investigation.
Section 8(D): Prohibited Acts in Relation to
the Statements Filed
It shall be unlawful for any person to obtain or
use any statement filed under this Act for:
1. any purpose contrary to morals or public
policy; or
2. any commercial purpose other than by
news and communications media for
dissemination to the general public.
Section 9: Divestment
A public official or employee shall avoid conflicts
of interest at all times.
When a conflict of interest arises, he shall resign
from his position in any private business
enterprise within 30 days from his assumption of
office and/or divest himself of his shareholdings
or interest within 60 days from such assumption.
The same rule shall apply where the public
official or employee is a partner in a partnership.
Exception:
The requirement of divestment shall not apply to
those who:
1. Serve the Government in an honorary
capacity; nor
2. Are laborers and casual or temporary
workers.
Section 11: Penalties
Criminal liability - determined by a court of
competent jurisdiction
1. Viol. of Secs. 7, 8 or 9:
a. Imprisonment not exceeding 5
years; or
b. A fine not exceeding PhP5,000
(viol. 8(D) - penalty not
exceeding PhP25,000.007: or
c. both imprisonment and fine;
and,
d. Disqualification to hold public
office, in the discretion of the
court of competent jurisdiction.
2. Other violations: depending on the
gravity of the offense after due notice
and hearing by the appropriate body or
agency
a. Fine not exceeding the
equivalent of 6 months' salary;
or
b. Suspension not exceeding 1
year; or
c. Removal.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

3. If the violation is punishable by a

heavier penalty under another law, he
shall be prosecuted under the latter
statute.

Administrative Liability - determined in a proper

administrative proceeding, even if no criminal
prosecution is instituted against him.

It is settled that administrative cases may

proceed independently of criminal proceedings,
and may continue despite the dismissal of the
criminal charges. [Samson vs. Restrivera, GR
No. 178454, March 28,
20117
4. Any violation:
a. Removal; or
b. Dismissal of a public official or
employee.

Jurisdiction

❖ Criminal case - proper court:

➢ MTC; and
➢ Sandiganbayan
❖ Administrative Case-administrative
disciplinary power/authority, those
exercising control and supervision over
the erring public officer:
➢ OP-(Presidential Appointees or
Administrative Code)
➢ Ombudsman (all laws including
RA 6713 & RRACCS; all public
employees except Members of
Congress/Judiciary);
➢ Civil Service (offenses under
RRACCS);
➢ SC - members of the Judiciary;
➢ Senate President/Speaker -
Members of the Congress

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

official or employee concerned in the

PUNISHING PUBLIC OFFICIALS AND EMPLOYEES
TO RECEIVE AND FOR PRIVATE PERSONS TO
GIVE GIFTS ON ANY OCCASION INCLUDING
CHRISTMAS
PD. NO. 46
discharge of his official functions.
● throwing of parties or entertainments in
honor of the official or employees or his
immediate relatives.

Penalty
Date of Issue 1. imprisonment for not less than 1 year nor
● November 10, 1972 more than 5 years; and
2. perpetual disqualification from public;
Purpose 3. Offender can be subjected to administrative
● to put more teeth to existing laws and disciplinary action
regulations to wipe out all conceivable and, if found guilty:
forms of graft and corruption in the ● penalty of suspension; or
public service, the members of which ● removal, depending on the seriousness
should not only be honest but above of the offense.
suspicion and reproach;
● to stop the practice of gift-giving to END
government men as a concrete step in
the program of reforms for the
development of new moral values in the
social structure of the country (one of
the main objectives of the New Society)

Offender
● Any public official or employee, whether
of the national or local governments.
● Private persons

Punishable Acts by Public Officials or

Employee
● Any public official or employee;
● to receive, directly or indirectly, any gift,
present or other valuable thing to any
occasion, including Christmas;
● given by reason of his official position,
regardless of whether or not the same is
for past favor or favors or the giver
hopes or expects to receive a favor or
better treatment in the future from the
public official or employee concerned in
the discharge of his official functions.

Punishable Acts by Private Persons

• Private persons:
● to give, or offer to give, any gift, present
or other valuable thing to any occasion,
including Christmas;
● given by reason of the public official or
employee's official position, regardless
of whether or not the same is for past
favor or favors or the giver hopes or
expects to receive a favor or better
treatment in the future from the public
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-RED TAPE ACT OF 2007
R.A. NO. 9485
EASE OF DOING BUSINESS LAW
R.A. NO. 11032
Approval
● R.A. No. 9485 – June 2, 2007
● R.A. No. 11302 – May 28, 2018
Purpose
● to promote integrity, accountability,
proper management of public affairs and
public property;
● to establish effective practices aimed at
the prevention of graft and corruption in
government;
● to maintain honesty and responsibility
among public official and employees;
● to promote transparency in each agency
with regard to the manner of transacting
with the public, which shall encompass
a program for the adoption of simplified
procedures that will reduce red tape and
expedite transactions in government.
Coverage
● Applicable to:
○ All government offices and
agencies;
○ LGUs and GOCCs that provide
frontline services.
Not applicable to:
● Those performing judicial, quasi-judicial
and legislative functions.
Duties Enjoined to be Undertaken
1. Undertake Reengineering of Systems &
Procedures (Sec. 5);
2. Set-up Citizen’s Charter (Sec. 6);
3. Implementation of Anti-Red Tape Act
(Sec. 7);
4. Ease of Access to Frontline Services
(Sec. 8);
5. Institution of Feedback
Mechanism/Report Card Survey (Sec. 10)
Sec. 5: Reengineering of Systems &
Procedures
● Mandates all offices and agencies which
provide frontline services to:
○ regularly undertake cost
compliance analysis, time and
motion studies;
○ undergo evaluation and
improvement of their transaction
systems and procedures; and
○ re-engineer their transaction
systems and procedures if
deemed necessary to reduce
bureaucratic red tape and
processing time.
Sec. 5: Reengineering of Systems &
Procedures:
Anti-Red Tape Authority
● Shall coordinate with all government
offices in the review of existing laws,
executive issuances and local
ordinances, and recommend the repeal
of the same if deemed outdated,
redundant, and adds undue regulatory
burden to the transacting public.
Sec. 5: Reengineering of Systems &
Procedures: Assessment & Review of
Policies
● Regulatory Impact Assessment – all
proposed regulations of government
agencies shall undergo regulatory
impact assessment to establish if the
proposed regulation does not add undue
regulatory burden and cost to these
agencies and the applicants or
requesting parties.
● When necessary, any proposed
regulation may under pilot
implementation to assess regulatory
impact.
● Review – all LGUs and NGAs are
directed to initiate review of existing
policies and operations and commence
with the reengineering of their systems
and procedures in compliance with the
provisions of the ARTA, pending the
approval of the IRR thereof.
Sec. 6: Set-Up Citizen’s Charter
● Mandates all government agencies
including departments, bureaus, offices,
instrumentalities, or GOCCs, or local
government or district units to set up
their most current and updated service
standards or the Citizen’s Charter:
○ in the form of information
billboards;
○ posted at the main entrance of
offices or at the most
conspicuous place;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

○ in the form of published permission or clearance from the

materials written either in highest authority having jurisdiction over
English, Filipino or in the local the government office or agency
dialect; concerned.
○ that detail:
■ A comprehensive & Sec. 9: Accessing Government Services
uniform checklist of (Previously referred to as Frontline Services)
requirements for each ● Government service – the process or
type of application or transaction between applicants or
request; requesting parties and government
■ The procedure to obtain offices or agencies involving
a particular service; applications for any privilege, right,
■ The person/s reward, license, clearance, permit or
responsible for each authorization, concession, of for any
step; modification, renewal or extension of the
■ The maximum time to enumerated applications or requests
conclude the process; which are acted upon in the ordinary
■ The document/s to be course of business of the agency or
presented by the office concerned.
customer, if necessary;
■ The amount of fees, if Sec. 9: Aspects in Government Services by
necessary; and the ARTA:
■ The procedure for filing 1. Acceptance of Applications and
complaints. Requests;
2. Action of Offices;
Sec. 7: Zero-Contact Policy 3. Denial of Requests for Access to
● General Rule: no government officer or Government Service;
employee shall have any contact, in any 4. Limitation of Signatories;
manner, with any applicant or 5. Electronic Versions of Licenses.
requesting party concerning an Clearances, Permits, Certifications or
application or request Authorizations;
● Exception: 6. Adoption of Working Schedules to Serve
○ during the preliminary Clients;
assessment of the request and 7. Identification Card; and
evaluation of sufficiency of 8. Establishment of Public
submitted requirements; Assistance/Complaints Desk
○ unless strictly necessary.
● All transaction shall be coursed through Sec. 9: Government Services: Measures to
the business registration system that is be Adopted: Action of Offices: Processing
acceptable to the public in a web-based Time
software developed by the Department ● Action on the applications and/or
of Information and Communication requests:
Technology (DICT). ○ Within 3 working days from
● All government agencies including receipt – in the case of simple
LGUs shall adopt a zero-contact policy. transactions.
○ Within 7 working days from
Sec. 8: Responsibility for the Implementation receipt – in the case of complex
of the Anti-Red Tape Act transactions.
● The head of the office or agency: ○ Within 20 working days from
○ primarily responsible for the receipt – in cases involving
implementation; and activities which pose danger to
○ accountable to the public in public health, public safety,
rendering fast, efficient, public morals, public policy, and
convenient and reliable service. highly technical application.
● All transactions and processes are ○ Within 45 working days –
deemed to have been made with the cases requiring approval of the
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
local Sangguniang Bayan,
Sangguniang Panlungsod, or
the Sangguniang Panlalawigan;
can be extended for another 20
working days.
Sec. 9: Government Services: Measures to
be Adopted: Action of Offices:
● Simple Transactions – requests or
application which only require ministerial
actions on the part of the public officer
or employee, or that which present only
inconsequential issues.
● Complex Transactions – requests or
applications which necessitate the use
of discretion in the resolution of
complicated issues.
Sec. 9: Government Services: Measures to
be Adopted: Action of Offices: Suspension
of Processing Time:
● Suspension of Processing Time
○ due to force majeure or natural
or man-made disasters,
○ which result to damage or
destruction of documents,
and/or system failure of the
computerized or automatic
processing.
Sec. 9: Government Services: Measures to
be Adopted: Action of Offices: Extension of
Processing Time
● Extension of period:
○ Only once for the same period;
○ Extension indicated in the
Citizen’s Charter;
○ Prior to the lapse of the
processing time, notice to the
requesting party in writing of
the reason for the extension
and the final date of release for
the extension and the final date
of release.
Sec. 9: Government Services: Measures to
be Adopted: Action of Offices:
● Requests/application must always be
returned with appropriate action –
whether approved or disapproved.
● Disapproval requests and/or application:
○ The client must be specified
must be notified in writing by
the person who rendered the
decision, within the prescribed
processing time;
○ Notice must state the reason for
the disapproval (including
finding by a competent authority
of a violation of any or other
laws by the applicant or
requesting party)
Sec. 9: Government Services: Measures to
be Adopted: Denial of Request for Access to
Government Service:
● Fully explained in writing;
● State the name of the person making
the denial;
● State the ground upon which denial is
based.
○ Any denial of request is deemed
to have been made with the
permission or clearance from
the highest authority having
jurisdiction over the government
office or agency concerned.
Sec. 9: Government Services: Measures to
be Adopted: Limitation of Signatories:
● the number of signatories in any
document shall be limited to a
maximum of 3 signatures which shall
represent officers directly supervising
the office or agency concerned.
Sec. 9: Government Services: Measures to
be Adopted: Electronic Versions of Licenses,
Clearances, Permits, Certifications or
Authorizations
● All government agencies shall, when
applicable, develop electronic
versions of licensses, clearances,
permits, certifications or authorizations
with the same level of authority as that
of the signed hard copy, which may be
printed by the applicants or
requesting parties in the
convenience of their offices.
Sec. 9: Government Services: Measures to
be Adopted: Adoption of Working Schedules
to Serve Clients:
● Heads of offices and agencies which
render frontline services shall adopt
appropriate working schedules to ensure
that all applicants/requesting parties
who are within their premises prior to the
end of official working hours are
attended to and served even during
lunch break and after regular working
hours.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Sec. 9: Government Services: Measures to
be Adopted: Identification Card:
● All employees transacting with the
public shall be provided with an
identification card which should be
visibly worn during office hours.
Sec. 9: Measures to be Adopted:
Establishment of Public
Assistance/Complaints Desk:
● Each office or agency shall establish a
public assistance/complaints desk in all
their offices.
Sec. 10: Automatic Approval Mechanism:
Original Application
● Failure to approve or disapprove an
original application or request for
issuance of license, clearance, permit,
certification or authorization within the
prescribed processing time, said
application or request shall be deemed
approved, if:
○ all required documents have
been submitted; and
○ all required fees and charged
have been paid.
● The acknowledgement receipt
together with the official receipt for
payment of all required fees issued to
the applicant or requesting party shall
be enough proof pr has the same force
and effect of a license, clearance,
permit, certification or authorization
under this automatic approval
mechanism.
Sec. 10: Automatic Approval Mechanism:
Renewal Application
● Failure to act on an application or
request for renewal of a license,
clearance, permit, certification or
authorization subject for renewal within
the prescribed processing time, shall
render the same automatically
extended.
Sec. 21: Violations & Persons Liable
1. Refusal to accept application or request
with complete requirements being
submitted by an applicant or requesting
party without due cause;
2. Imposition of additional requirements
other than those listed in the Citizen’s
Charter;
3. Imposition of additional costs not
reflected in the Citizen’s Charter;
4. Failure to give the applicant or
requesting party a written notice on the
disapproval of an application or request;
5. Failure to render government services
within the prescribed processing time on
any application or request without dude
cause;
6. Failure to attend to applicants of
requesting parties who are within the
premises of the office or agency
concerned prior to the end of official
working hours and during lunch break;
7. Failure or refusal to issue official
receipts; and
8. Fixing and/or collusion with fixers in
consideration of economic and/or other
gain or advantage.
Sec. 22: Penalties & Liabilities
● First offense:
○ administrative liability with 6
months suspension;
○ in the case of fixing and/or
collusion with fixers the penalty
and liability prescribed for
second offense shall apply.
● Second offense:
○ administrative liability;
○ criminal liability of dismissal
from the service, perpetual
disqualification from holding
public office; and forfeiture of
retirement benefits; and
○ imprisonment of 1 year to 6
years with a fine of not less than
Php500,000.00, but not more
than Php2,000,000.00
Sec. 23: Criminal & Civil Liability
● The finding of administrative liability
under the ARTA shall not be a bar to the
filing of criminal, civil or other related
charges under existing laws arising from
the same act or omission as
enumerated in the ARTA.
Sec. 24: Administrative Jurisdiction
● The administrative jurisdiction on any
violation of the provisions of the Act
shall be vested in either:
○ the Civil Service Commission
(CSC); or
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

○ the Office of the Ombudsman as ● Discharge denied – the witness’ sworn

determined by appropriate laws statement shall be inadmissible as
and issuances. evidence.

Sec. 25: Immunity from Suit: Discharge to be END

a Witness
● public official or employee or any person
charged with another under the ARTA
shall be exempt form prosecution in the
case/s where his/her information and
testimony are given in evidence:
○ voluntarily gives information
pertaining to an investigation; or
○ willingly testifies therefor.

Sec. 25: Immunity from Suit: Condition for

the Grant
● The discharge may be granted and
directed by:
○ the investigating body or court;
○ upon the application or petition
of any of the
respondent/accused-informant;
○ before the termination of the
investigation;
○ presence of the following
circumstances:
■ absolute necessity for
the testimony of the one
whose discharge is
requested;
■ no other direct evidence
available for the proper
prosecution of the
offense committed,
except the testimony;
■ testimony can be
substantially
corroborated in its
material points;
■ respondent/accused-
informant has not been
previously convicted of
a crime involving moral
turpitude; and
■ respondent/accused-
infomant does not
appear to be the most
guilty.

Sec. 25: Evidence Adduced in the Discharge

Proceedings
● Discharge approved – the evidence
adduced in support of the discharge
shall automatically form part of the
records of the investigation.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-CHILD ABUSE LAW
R.A. NO. 7610
Relevant Laws & Date of Approval
 RA No. 7610 - approved into law on
June 17, 1992.
 RA No. 9231 - approved into law on
December 19, 2003. It amended
Sections 2; 12; 13; 14; 16; 27; added
new Sections 12-A, 12-B, 12-C; 12-D;
16-A; 16-B; and 16-C of RA 7610.
 RA No. 116481 - approved into law on
March 04, 2022.
o It amended Art. 266-A of the
RPC on rape by increasing the
age of the victim for purposes of
the commission of statutory
rape from under 12 years of age
to under 16 years of age.
[Except when: (1) the age
difference of the parties is not
more than 3 years; and (2) the
sexual act is consensual, non-
abusive and non-exploitative].
o It also amended Section 5(b),
RA 7610, increasing the age of
the child from under 12 years of
age to under 16 years of age.
Sec. 2: Purposes & State Policies
 To provide special protection to children
from all forms of abuse, neglect, cruelty,
exploitation and discrimination and other
conditions, prejudicial to their
development; provide sanctions for their
commission and carry out a program for
prevention and deterrence of and crisis
Intervention in situations of child abuse,
exploitation and discrimination.
 To allow the State to intervene on behalf
of the child when the parent, guardian,
teacher or person having care or
custody of the child fails or is unable to
protect the child against abuse,
exploitation and discrimination or when
such acts against the child are
committed by them.
 To implement the State policy of placing
the best interest of the child the
paramount consideration in all actions
concerning them, consistent with the
principle enunciated in the United
Nations Convention on the Rights of the
Child so that every effort shall be
exerted to promote the welfare of
children and enhance their opportunities
for a useful and happy life.
Sec. 3: “Children“
 Persons below 18 years of age; or
 Persons over 18 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.
 The maltreatment, whether habitual or
not, of the child.
Sec. 3: “Child Abuse”: Maltreatment in the Form
of:
1) Psychological maltreatment;
2) Emotional maltreatment;
3) Physical abuse;
4) Neglect;
5) Cruelty;
6) Sexual abuse; and
7) Any act by deeds or words which
debases, degrades or demeans the
intrinsic worth and dignity of a child as a
human being.
8) Unreasonable deprivation of his basic
needs for survival, such as food and
shelter; or
9) Failure to immediately give medical
treatment to an injured child resulting in
serious impairment of his growth and
development or in his permanent
incapacity or death.
Sec. 3: “Child Abuse": Maltreatment: Deeds or
Words that Debase, Degrade or Demean the
Intrinsic Worth & Dignity Of A Child As A Human
Being.
 a person who commits an act that
debases, degrades, or demeans the
intrinsic worth and dignity of the child as
a human being, whether habitual or not,
is liable for violation of Republic Act No.
7610.
 Maltreatment may consist of an act by
deeds or by words that debases,
degrades or demeans the intrinsic worth
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
and dignity of a child as a human being.
The act need not be habitual.
 Debasement - the act of reducing the
value, quality, or purity of something.
 Degradation - lessening of a person's or
thing's character or quality.
 Demean - to lower in status, condition,
reputation, or character.
 Although it is true that not every
instance of laying of hands on the child
constitutes child abuse, the offender’s
intention to debase, degrade, and
demean the intrinsic worth and dignity of
a child can be inferred from the manner
in which he committed the act
complained of (Torres vs. People, G.R.
No. 206627, January 18, 2017)
 Only when the laying of hands is shown
beyond reasonable doubt to be intended
by the accused to debase, degrade or
demean the intrinsic worth and dignity of
the child as a human being should it be
punished as child abuse, otherwise, it is
punished under the RPC (physical
injuries).
Unlawful Acts
1. Child Prostitution & Other Sexual Abuse
(Sec. 5);
2. Attempt to Commit Child Prostitution
(Sec. 6);
3. Child Trafficking (Sec. 7);
4. Attempt to Commit Child Trafficking
(Sec. 8);
5. Use of a Child in Obscene Publications
& Indecent Shows (Sec. 9);
6. Other Acts of Neglect, Abuse, Cruelty or
Exploitation/Other Conditions Prejudicial
to the Child's Development (Sec. 10);
7. Unlawful Employment of Children (Sec.
12);
8. Violation on Limitation on Hours of Work
of a Working Child (Sec. 12-A);
9. Violation of Regulation on Ownership,
Usage & Administration of the Working
Child's Income (Sec. 12-B);
10. Violation of Regulation on Trust Fund to
Preserve Part of the Working Child's
Income (Sec. 12-C);
11. Prohibition Against Worst Forms of
Child Labor (Sec. 12-D);
12. Denial of Access to Education &
Training for Working Children (Sec. 73);
13. Prohibition on the Employment of
Children in Certain Advertisements
(Sec. 14).
Sec. 27: Who May File a Complaint for Unlawful
Acts Committed Against the Children:
1. Offended party;
2. Parents or guardians;
3. Ascendant or collateral relative within
the third degree of consanguinity;
4. Officer, social worker or representative
of a licensed child-caring institution;
5. Officer or social worker of the
Department of Social Welfare and
Development;
6. Barangay chairman; or
7. At least three (3) concerned responsible
citizens where the violation occurred.
SECTION 5: Child Prostitution & Other
Sexual Abuse
Sec. 5: 3 Prohibited Acts
1. Engaging in, promoting, facilitating or
inducing child prostitution.
2. Having sexual intercourse or committing
lascivious acts or conduct with a child
exploited in prostitution or subjected to
other sexual abuse.
3. Deriving profit or advantage from the
foregoing acts.
Sec. 5: 3 Prohibited Acts
 It can be observed that 1 and 3 are
committed by persons who promote,
engage, derive profit or advantage from
the prostitution of a child. They are the
ones who exploit the child into
prostitution.
 The penalty of reclusion temporal in its
medium period to reclusion perpetua is
imposed against the offenders under
these category.
 On the other hand, 2 pertain to those
who actually commit the acts of sexual
abuse on the child exploited in
prostitution either by sexual intercourse
or lascivious conduct.
 The penalty for offenders under this
category depends on the age of the
child, the acts committed by the offender
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
(by sexual intercourse or by lascivious
conduct) and the interrelation of the
provisions of Section 5 with the RPC
provisions.
Sec. 5: Elements of Sexual Abuse
1. The accused commits an act of sexual
intercourse or lascivious conduct (RPC
concept);
2. The said act is performed with a child
exploited in prostitution or subjected to
other sexual abuse (EPSOSA); and
3. The child is below 18 years old.
Sec. 5: Elements of Sexual Abuse: Acts
Committed Against Children Exploited in
Prostitution & Subjected to Other Sexual Abuse
(Child EPSOSA)
Children, whether male or female, who for
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: Elements of Sexual Abuse: Children
Exploited in Prostitution
 Children, whether male or female, who
for money, profit, or any other
consideration indulge in sexual
intercourse or lascivious conduct.
 There are four (4) scenarios whereby a
child may be exploited in prostitution:
1. A child, whether male or
female, who for money,
profit or any other
consideration, indulges in
lascivious conduct,
2. A female child, who for
money, profit or any other
consideration, indulges in
sexual intercourse',
3. A child, whether male or
female, who due to the
coercion or influence of any
adult, syndicate or group,
indulges in lascivious
conduct, and
4. A female chihf due to the
coercion or influence of any
adult, syndicate or group,
indulge in sexual
intercourse.
Sec. 5: Elements of Sexual Abuse: Children
Subjected to Other Sexual Abuse
 Children, whether male or female, who,
due to the coercion or influence of any
adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct.
 A child is deemed subjected to other
sexual abuse when the child indulges in
lascivious conduct under the coercion or
influence of an adult.
 There must be some form of compulsion
equivalent to intimidation which subdues
the free exercise of the offended party's
will.
Sec. 5: Elements of Sexual Abuse: Sexual
Intercourse
 Between a male and a female
 The intercourse between the
reproductive organs of the male and the
female
 Can be committed under the
circumstances enumerated under Article
266-A (1) of the Revised Penal Code on
Rape by carnal knowledge or sexual
intercourse.
Sec. 5: Elements of Sexual Abuse: Lascivious
Conduct
The intentional touching, either directly or
through clothing, of the genitalia, anus, groin,
breast, inner thigh, or buttocks, or the
introduction of any object into the genitalia, anus
or mouth, of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual
desire of any person, bestiality, masturbation,
lascivious exhibition of the genitals or pubic area
of a person. [The Rules and Regulations on the
Reporting and Investigation of Child Abuse
Cases]
Sec. 5: Elements of Sexual Abuse: Lascivious
Conduct
 Lascivious conduct under RA 7610,
therefore, not only contemplates acts
with lewd design described as Acts of
Lasciviousness under Articles 336, 337,
338 and 339 of the RPC, but also acts
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
defined as Rape by Sexual Assault
penalized under Article 266-A (2) of the
RPC.
 The acts constituting Rape by Sexual
Assault or “gender-free rape” or “object
rape” under Article 266-A (2), before the
passage of RA 8353 or the Anti-Rape
Law in 1997, was considered as among
the lascivious acts penalized under
Article 336 of the RPC.
Sec. 5: Elements of Sexual Abuse: Sexual
Intercourse or Lascivious Conduct
 Sexual intercourse –
o With consent
o Without consent committed
under the circumstances that
will constitute rape under Art.
266-A(l ) of the RPC.
 Lascivious conduct -
o As described under Art. 336 of
the RPC
o No sexual intercourse, but
sexual assault under the
circumstances that will
constitute rape under Art. 266-
A(2), RPC
Sec. 5: Proper Designation of Offense &
Penalties
The proper designation of the offense and the
penalty for offenders who perform sexual
intercourse or commit lascivious acts or conduct
on a Child EPSOSA depends on the age of the
child, the acts committed by the offender (by
sexual intercourse or by lascivious conduct) and
the interrelation of the provisions of Section 5
with the RPC provisions.
Sec. 5: Proper Designation of Offense &
Penalties: Child EPSOSA -16 but below 18
years of Age:
 Lascivious conduct, including rape by
sexual assault:
o Penalty - RT med. to RP as
provided in Section 5, RA 7610.
(N.B. penalty is heavier than
when committed against under
16 which only has a penalty of
RT med. Legislative amendment
is required as suggested by SC)
oDesignation of the Offense -
“Lascivious Conduct under
Section 5(b), RA 7610“ as
provided in Sec. 5, RA 7610.
 Rape by sexual intercourse:
o Penalty - RP as provided in Art.
266-A(l), RPC.
o Designation of the offense -
“Rape by Sexual Intercourse
under Art. 266-A (1) in relation
to Art. 266-B of the RPC”, as
provided in Sec. 5, RA 7610.
Sec. 5: Proper Designation of Offense &
Penalties: Child EPSOSA -16 but below 18
years of Age:
 Sexual Abuse: (e.g., with consent, but
Child EPSOSA)
o Penalty - RT med. to RP as
provided in Section 5, RA 7610.
o Designation of the Offense -
"Sexual Abuse under Section
5(h), RA 7610" as provided in
Sec. 5, RA 7610.
Sexual intercourse with a child 16
but below 18, with consent, not
Child EPSOSA.
Arts. 337-338 — on Seduction (qualified or
simple) if attended with influence or deceit as
required. If not, no crime.
Sec. 5: Proper Designation of Offense &
Penalties: Child EPSOSA- Under 16 years of
Age
 Lascivious conduct:
o Penalty - RT med. as provided
in Sec. 5. (N.B. penalty is lighter
than when committed against 16
hut under 18 which has a
penalty of RT med. to RP.
Legislative amendment is
required as suggested by SC)
o Designation of the Offense -
“Acts of Lasciviousness under
Art. 336 of the RPC, in rel. to
Section 5(b), RA 7610“ as
provided in Sec. 5.
 Rape by sexual assault:
o Penalty - RT med. to RP as
provided in Section 5
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

o Designation of the offense - specific grounds, i.e.: (1) age

“Sexual Assault under Art. 266- difference between the offender &
A(2) of the RPC, in rel. to victim is not more than 3 years; and
Section 5(b), RA 7610“ as (2) the sexual act is proven to be
provided under Sec. 5. consensual, non-abusive and non-
Sec. 5: Proper Designation of Offense & exploitative.
Penalties: Child EPSOSA - Under 16 years of Sec. 6: Attempt To Commit Child Prostitution
Age
1. When any person who, not being a
 Rape by sexual intercourse - Statutory relative of a child, is found alone with the
Rape: said child inside a hidden or secluded
o Penalty: area, as in a:
 RP or RP to Death as  Room or cubicle of a house, an inn,
provided under Art. 266- hotel, motel, pension house,
A(l)(d), RPC; apartelle or other similar
 No criminal liability if: establishments, vessel, vehicle; and
 the age difference  Under circumstances which would
between the offender lead a reasonable person to believe
and the victim is not that the child is about to be exploited
more than 3 years; in prostitution and other sexual
and abuse.
 the sexual act in 2. When any person is receiving services
question is proven to from a child in a sauna parlor or bath,
be consensual, non- massage clinic, health club and other
abusive, and non- similar establishments.
exploitative. [RA No. Sec. 6: Attempt To Commit Child Prostitution:
116481] Penalty
o Designation of the offense -
A penalty lower by two (2) degrees than that
Rape under Art. 266-A (l)(d) in prescribed for the consummated offense of Child
rel. to Art. 266-B of the RPC. Prostitution under Section 5 shall be imposed
upon the principals of the attempt to commit the
**PLEASE REFER TO THE TABLE AT THE crime of child prostitution under this Act, or, in
END OF THIS SPL** the proper case, under the Revised Penal Code.

Sec. 5: Statutory Rape & Lascivious Conduct Sec. 7: Child Trafficking (vs. Sec. 4, RA No.
 Both concept exist in RA 7610 9208)
 In both, the victim must be under 16
 Act - any person who shall engage in
years of age
trading and dealing with children for
 However, in statutory rape the victim
consideration including, but not limited
must be a female while in statutory
to, the act of buying and selling of a
lascivious conduct, the victim can be
child for money, or for any other
a male or a female
consideration, or barter. (Sec. 4(k), RA
 Both proceed from the principle that
No. 9208 - trading & dealing with
a victim under 16 years old does not
children for purposes of exploitation)
and cannot have a will of her own on
 Penalty - RT to RP.
account of her tender years. Thus,
 Qualified - penalty shall be imposed in
consent is immaterial because of her
its maximum period when the victim is
presumed incapacity to discern good
under 16 years of age.
from evil.
Sec. 8: Attempt to Commit Child Trafficking (vs.
 Through RA No. 116481, the
Sec. 4(A), RA No. 9208)
presumption can now be disputed on
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
1. When a child travels alone to a foreign
country without valid reason therefor
and without clearance issued by the
Department of Social Welfare and
Development or written permit or
justification from the child's parents or
legal guardian. [Sec.4(a),RA
9208-’’facilitating’’ such travel];
2. When a pregnant mother executes and
affidavit of consent for adoption for
consideration ’, [Sec. 4(a),RA 9208-for
consideration not provided];
3. When a person, agency, establishment
or child-caring institution recruits women
or couples to bear children for the
purpose of child trafficking; [Sec.4(a),RA
9208-purpose is to sell the child]; or
4. When a doctor, hospital or clinic official
or employee, nurse, midwife, local civil
registrar or any other person simulates
birth for the purpose of child trafficking;
[Sec.4(a),RA 9208-purpose is to sell the
child]; or
5. When a person engages in the act of
finding children among low-income
families, hospitals, clinics, nurseries,
day-care centers, or other child-caring
institutions who can be offered for the
purpose of child trafficking. [Sec.4(a),RA
9208-purpose is to sell the child].
Penalty: 2 degrees lower than that
prescribed for the consummated felony
under Section 7 (RT-RP to Arresto Menor –
Arresto Mayor) shall be imposed upon the
principals of the attempt to commit child
trafficking.
Sec. 9: Obscene Publications & Indecent Shows
 Any person who shall:
o hire, employ, use, persuade,
induce or coerce a child
o to perform in obscene
exhibitions and indecent shows,
whether live or in video; or
o model in obscene publications
or pornographic materials; or
o to sell or distribute the said
materials
Penalty: PM med.
Sec. 9: Obscene Publications & Indecent
Shows: Qualified
1. If the child used as a performer, subject
or seller/distributor is under 18 years of
age (RA No. 116481)
o Penalty - maximum period of the
penalty, i.e., PM medium in its
maximum period.
2. If any ascendant, guardian, or person
entrusted in any capacity with the care
of a child shall cause and/or allow such
child to be employed or to participate in
an obscene play, scene, act, movie or
show or in any other acts covered.
o Penalty - PM med.
Sec. 10: Other Acts of Neglect, Abuse, Cruelty
or Exploitation & Other Conditions Prejudicial to
the Child's Development
 Refers to acts of child abuse other than
child prostitution and other sexual abuse
under Section 5; attempt to commit child
prostitution under Section 6; child
trafficking under Section 7; attempt to
commit child trafficking under Section 8,
and obscene publications and indecent
shows under Section 9. (People vs.
Rayon, G.R. No. 194236, January 30,
2013)
 It includes child abuse defined under
Section 3(b).
Sec. 10: Other Acts of Neglect, Abuse, Cruelty
or Exploitation & Other Conditions Prejudicial to
the Child's Development.
a) Any other acts of child abuse, cruelty or
exploitation or to be responsible for
other conditions prejudicial to the child’s
development and acts under Art. 59, PD
603; [4 distinct acts, in all, prejudice to
the child is not required]
b) Keeping in one’s company a minor, 16
years or under or who in ten (10) years
or more his junior in any public or private
place, hotel, motel, beer joint,
discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or
other tourist resort or similar places. [Not
applicable to any person who is related
within the 4th degree of consanguinity or
affinity or any bond recognized by law,
local custom and tradition or acts in the
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
performance of a social, moral or legal
duty]}
c) Inducing, delivering or offering a minor
to any one prohibited by this Act to keep
or have in his company a minor as
provided in the preceding paragraph.
[Qualified if perpetrator be an
ascendant, stepparent or guardian of
the minor];
d) Allowing any person to take along a
minor in any public or private place of
accommodation maintained, owned or
managed by him, whether for
occupancy, food, drink or otherwise,
including residential places;
e) Using, coercing, forcing or intimidating a
street child or any other child to beg or
use begging as a means of living; or act
as conduit or middlemen in drug
trafficking or pushing; or conduct any
illegal activities.
Sec. 10(a): Other Acts Of Child Abuse, Cruelty
Or Exploitation
 Section 10(a) punishes not only those
enumerated under Article 59 of
Presidential Decree No. 603, but also
four distinct acts:
o child abuse,
o child cruelty,
o child exploitation and
o being responsible for conditions
prejudicial to the child’s
development.
 An accused can be prosecuted and be
convicted under Section 10(a) if he
commits any of the four acts therein.
 The prosecution need not prove that the
acts of child abuse, child cruelty, and
child exploitation have resulted in the
prejudice of the child because an act
prejudicial to the development of the
child is different from the former acts.
PD 603, Article 59
 Criminal Liability shall attach to parents
who:
1. Conceals or abandons the child with
intent to make such child lose his
civil status.
2. Abandons the child under such
circumstances as to deprive him of
the love, care and protection he
needs.
3. Sells or abandons the child to
another person for valuable
consideration.
4. Neglects the child by not giving him
the education which the family’s
station in life and financial
conditions permit.
5. Fails or refuses, without justifiable
grounds, to enroll the child as
required by Article 72.
6. Causes, abates, or permits the
truancy of the child from the school
where he is enrolled. "Truancy” as
here used means absence without
cause for more than twenty
schooldays, not necessarily
consecutive.
7. It shall be the duty of the teacher in
charge to report to the parents the
absences of the child the moment
these exceed five schooldays.
8. Improperly exploits the child by
using him, directly or indirectly, such
as for purposes of begging and
other acts which are inimical to his
interest and welfare.
9. Inflicts cruel and unusual
punishment upon the child or
deliberately subjects him to
indignation and other excessive
chastisement that embarrass or
humiliate him.
10. Causes or encourages the child to
lead an immoral or dissolute life.
11. Permits the child to possess, handle
or carry a deadly weapon,
regardless of its ownership.
12. Allows or requires the child to drive
without a license or with a license
which the parent knows to have
been illegally procured. If the motor
vehicle driven by the child belongs
to the parent, it shall be presumed
that he permitted or ordered the
child to drive.
Sec. 10: Death & Physical Injuries of Victim
Under 12 Years of Age: Special Aggravating
Circumstance
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

The penalty for the commission of acts have committed the acts penalized
punishable under Articles 248, 249, 262, herein.
paragraph 2, and 263, paragraph 1 of the RPC, Section 12 : Employment of Children: Below 15
for the crimes of murder, homicide, other years of Age: Exceptions
intentional mutilation, and serious physical
injuries, respectively, shall be reclusion perpetua  General Rule: Not allowed to be
when the victim is under twelve (12) years of employed.
age.  Exception:
1. When a child works directly
Sec. 10: Qualified Seduction, Acts of under the sole responsibility of
Lasciviousness of Victim Under 16 Years of his parents or legal guardian and
Age: Special Aggravating Circumstance where only members of the
employer's family are employed:
The penalty for the commission of acts
a. Employment neither
punishable under Article 337, 339, 340 and 341
endangers his life, safety and
of the RPC, for the crimes of qualified seduction,
health and morals, nor
acts of lasciviousness with the consent of the
impairs his normal
offended party, corruption of minors, and white
development;
slave trade, respectively, shall be one (1) degree
b. The parent or legal guardian
higher than that imposed by law, when the victim
shall provide the said minor
is under 16 years age.
child with the prescribed
Sec. 11: Establishments or Enterprises which primary and/or secondary
Promote, Facilitate, or Conduct Prohibited education.
Activities 2. When a child’s employment or
participation in public &
Shall be immediately closed and their authority entertainment or information
or license to operate cancelled, without through cinema, theater, radio or
prejudice to the owner or manager thereof being television is essential:
prosecuted under this Act and/or the RPC, as a. The employment contract is
amended, or special laws. concluded by the child’s
parent or guardian;
Presumption of Promoting or Facilitating Child
b. With the express agreement
Prostitution & Other Sexual Abuse, Child
of the child concerned, if
Trafficking, Obscene Publication or Indecent
possible;
Shows
c. With the approval of the
 The presumption arises when the acts DOLE;
constituting the same occur in the d. The following requirements
premises of said establishment under in all instances are strictly
this Act or in violation of the Revised complied with by the
Penal Code, as amended. employer:
 An enterprise such as a sauna, travel  Ensure the
agency, or recruitment agency which: protection,
promotes the aforementioned acts as health, safety
part of a tour for foreign tourists; exhibits and morals of the
children in a lewd or indecent show; child;
provides child masseurs for adults of the  Institute
same or opposite sex and said services measures to
include any lascivious conduct with the prevent the
customers; or solicits children or child’s
activities constituting the exploitation or
aforementioned acts shall be deemed to discrimination
taking into
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

account the 3. To immediate notice of such arrest

system and level
of remuneration,
and the duration
and arrangement
of working time;
and
 Formulate and
implement,
subject to the
approval and
supervision of
competent
authorities,
continuing
program for
training and skill
acquisition of the
child.
Section 12-A: Hours of Work of a Working Child
1. Below 15 years old - not more than
20 hours a week; not more than 4
hours a day; not beyond 8:00 pm to
6:00 am the following morning.
2. 15, below 18 years old - not more
than 40 hrs. a week; not more than
8 hrs a day; not beyond 10:00 pm to
6:00 am of the following day
Section 22: Children in Situations of Armed
Conflict
 Children are declared as Zones of
Peace.
 Children shall not be the object of attack
and shall be entitled to special respect.
 They shall be protected from any form of
threat, assault, torture or other cruel,
inhumane or degrading treatment;
 Children shall not be recruited to
become members of the Armed Forces
of the Philippines of its civilian units or
other armed groups, nor be allowed to
take part in the fighting, or used as
guides, couriers, or spies;
Section 25: Rights of Children Arrested for
Reasons Related to Armed Conflict
1. To separate detention from adults
except where families are
accommodated as family units;
2. To immediate free legal assistance;
to the parents or guardians of the
child; and
4. To be released on recognizance
within twenty-four (24) hours to the
custody of the Department of Social
Welfare and Development or any
responsible member of the
community as determined by the
court.
Sec. 31: Common Penal Provisions
1. The offender has been previously
convicted under this Act;
a
2. The offender is a corporation,
partnership or association, the
officer or employee thereof who is
responsible for the violation of this
Act;
3. The perpetrator is an ascendant,
parent guardian, stepparent or
collateral relative within the second
degree of consanguinity or affinity,
or a manager or owner of an
establishment which has no license
to operate or its license has expired
or has been revoked;
4. The offender is a public officer or
employee.
Penalty: if RP or RT, the penalty of
perpetual or temporary absolute
disqualification shall also be imposed; if
penalty is PC or AM, the penalty of
suspension shall also be imposed.
Section 29: Confidentiality
 At the instance of the offended party, his
name may be withheld from the public
until the court acquires jurisdiction over
the case.
 It shall be unlawful for any editor,
publisher, and reporter or columnist in
case of printed materials, announcer or
producer in case of television and radio
broadcasting, producer and director of
the film in case of the movie industry, to
cause undue and sensationalized
publicity of any case of violation of this
Act which results in the moral
degradation and suffering of the
offended party.
Concepts & Principles
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

 Section 3(b)(2) provides that a person RPC, is an aggravating circumstance in

who commits an act that debases, crimes against chastity and in rape.
degrades, or demeans the intrinsic  However, the offender cannot be
worth and dignity of the child as a accused of both crimes of sexual abuse
human being, whether habitual or not, is under Section 5(b) of RA 7610 and rape
liable for violation of Republic Act No. under Article 266-A (except paragraph
7610. I[d]) of the Revised Penal Code because
 Maltreatment may consist of an act by his right against double jeopardy will be
deeds or by words that debases, prejudiced.
degrades or demeans the intrinsic  A person cannot be subjected twice to
worth and dignity of a child as a human criminal liability for a single criminal act.
being. The act need not be habitual.  Likewise, rape cannot be complexed
 Although it is true that not every with a violation of Section 5(b) of RA
instance of laying of hands on the child 7610. Under Section 48 of the Revised
constitutes child abuse, the offender’s Penal Code (on complex crimes), a
intention to debase, degrade, and felony under the Revised Penal Code
demean the intrinsic worth and dignity of (such as rape) cannot be complexed
a child can be inferred from the manner with an offense penalized by a special
in which he committed the act law.
complained of. (Torres vs. People, G.R.
No. 206627, January 18, 2017)
 Only when the laying of hands is shown
beyond reasonable doubt to be intended
by the accused to debase, degrade or
demean the intrinsic worth and dignity of
the child as a human being should it be
punished as child abuse, otherwise, it is
punished under the RPC (physical
injuries).
 Debasement is "the act of reducing the
value, quality, or purity of something.”
 Degradation is "a lessening of a
person's or thing's character or quality.”
 Demean is "to lower in status, condition,
reputation, or character."
 If the victim of sexual abuse is below 16
years of age, the offender should not be
prosecuted for sexual abuse under RA
7610 but for statutory rape under Article
266-A(l)(d) of the Revised Penal Code
and penalized with reclusion perpetua.
(People vs. Matias, G.R. No. 186469,
June 3, 2012)
 On the other hand, if the victim is 16
years or older, the offender should be
charged with either sexual abuse under
Section 5(b) of RA 7610 or rape under
Article 266-A (except paragraph l[d]) of
the Revised Penal Code.
 Relationship as an alternative
circumstance under Article 15 of the
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

Table of Proper Designation of Offense & Penalties

Circumstance Under 16, without Under 16, with consent 16 under 18, without 16 under 18, with
s consent consent consent
Art. 256-A(1) + Des: “Rape under Art. Des: “Rape under Art. Des: “Rape under Art. Des: “Other Acts of
child 266-A(1)(d), in relation 266-A(1)(d), in relation to 266-A(1)(d), in relation to Abuse under Sec. 10,
to Art. 266-B, RPC” Art. 266-B, RPC” Art. 266-B, RPC” R.A. 7610”
IP: RP (Death in IP: RP (Death in Specific IP: RP (Death in Specific (Exploitation)
Specific Cases) Cases) Cases) IP: PM Min
GR: Art. 266-A in GR: Art. 266-A in relation GR: Art. 266-A in relation Des: “Rape under Art.
relation to Art. 266-B, to Art. 266-B, RPC and as to Art. 266-B, RPC 266-A(1)(c)” (Abuse of
RPC and as provided in provided in Sec. 5(b), Minority)
Sec. 5(b), R.A. 7610 R.A. 7610 IP: RP
(N.B. R.A.
116481(3.4.22), offender
is criminally liable only
when difference in age
between offender & victim
is not more than 3 years;
and sex is consensual,
non-abusive, none
exploitative)
Sexual Des: “Rape under Art. Des: “Rape under Art. Des: “Rape under Art. Des: “Sexual Abuse
Intercourse + 266-A(1)(d), in relation 266-A(1)(d), in relation to 266-A(1)(d), in relation to under Sec. 5(b), R.A.
child EPSOSA to Art. 266-B, RPC” Art. 266-B, RPC” Art. 266-B, RPC” 7610”
IP: RP (Death in Special IP: RP (Death in Special IP: RP (Death in Special IP: RT Med to RP
Cases) Cases) Cases) GR: 2nd par. Of Sec. 5
GR: Art. 266-A in GR: Art. 266-A in relation GR: Art. 266-A in relation in relation to 1st
relation to Art. 266-B, to Art. 266-B, RPC and as to Art. 266-B, RPC sentence of Sec. 5(b)
RPC and as provided in provided in Sec. 5(b), (N.B. Consent
Sec. 5(b), R.A. 7610 R.A. 7610 immaterial because
(N.B. R.A. child is EPSOSA)
116481(3.4.22), offender
is criminally liable only
when difference in age
between offender & victim
is not more than 3 years;
and sex is consensual,
non-abusive, none
exploitative)
Sexual Des: “Statutory Rape Des: “Statutory Rape Des: “Rape under Art. If virgin, not EP, no
Intercourse + under Art. 266-A(1)(d), under Art. 266-A(1)(d), in 266-A(1)(d), in relation to coercion or
child not in relation to Art. 266-B, relation to Art. 266-B, Art. 266-B, RPC” influence:
EPSOSA RPC” RPC” IP: RP (Death in Special Des: “Seduction under
IP: RP (Death in Special IP: RP (Death in Special Cases) Art. 338, RPC”
Cases) Cases) GR: Art. 266-A in relation IP: AM
GR: Art. 266-A in GR: Art. 266-A in relation to Art. 266-B, RPC GR: Art. 338, RPC
relation to Art. 266-B, to Art. 266-B, RPC and as
RPC and as provided in provided in Sec. 5(b), If not virgin:? “Other
Sec. 5(b), R.A. 7610 R.A. 7610 Acts of Abuse under
(N.B. R.A. Art. 10(a), R.A. 7610;
116481(3.4.22), offender PM Min.
is criminally liable only
when difference in age
between offender & victim
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

is not more than 3 years;

and sex is consensual,
non-abusive, none
exploitative)

Circumstance Under 12, without Under 12, with consent 12 under 18, without 12 under 18, with
s consent consent consent

Art. 266-A(2) + DES: “Sexual Assault DES: “Sexual Assault DES: “Lascivious NA
child under Art. 266-A(2) in under Art. 266-A(2) in Conduct under Sec. 5(b),
relation to Sec. 5(b) of relation to Sec. 5(b) of R.A. 7610”
R.A. 7610” R.A. 7610” IP: RT Med to RP
IP: RT Med IP: RT Med GR: 2nd par. of Sec. 5 in
GR: 1st and 2nd proviso, GR: 1st and 2nd proviso, relation to 1st phrase of
Sec. 5(b), R.A. 7610 Sec. 5(b), R.A. 7610 Sec. 5(b), R.A. 7610
(Criminal liability subject (N.B. By then, Child is
to conditions under RA considered “subjected to
116481) other sexual abuse”
SOSA)
Acts of Sexual DES: “Sexual Assault DES: “Sexual Assault DES: “Lascivious DES: “Lascivious
Assault + child under Art. 266-A(2) in under Art. 266-A(2) in Conduct under Sec. 5(b), Conduct under Sec.
EPSOSA relation to Sec. 5(b) of relation to Sec. 5(b) of R.A. 7610” 5(b), R.A. 7610”
R.A. 7610” R.A. 7610” IP: RT Med to RP IP: RT Med to RP
IP: RT Med IP: RT Med GR: 2nd par. of Sec. 5 in GR: 2nd par. of Sec. 5
GR: 1st and 2nd proviso, GR: 1st and 2nd proviso, relation to 1st sentence of in relation to 1st
Sec. 5(b), R.A. 7610 Sec. 5(b), R.A. 7610 Sec. 5(b), R.A. 7610 sentence of Sec. 5(b),
(Criminal liability subject R.A. 7610
to conditions under RA (N.B. Consent
116481 immaterial because
child is EPSOSA)
Acts of Sexual DES: “Sexual Assault DES: “Sexual Assault DES: “Lascivious If by means of
Assault + child under Art. 266-A(2) in under Art. 266-A(2) in Conduct under Sec. 5(b), deceit:
not EPSOSA relation to Sec. 5(b) of relation to Sec. 5(b) of R.A. 7610” DES: “Acts of
R.A. 7610” R.A. 7610” IP: RT Med to RP Lasciviousness with
IP: RT Med IP: RT Med GR: 2nd par. of Sec. 5 in the Consent of the
GR: 1st and 2nd proviso, GR: 1st and 2nd proviso, relation to 1st sentence of Offended Party under
Sec. 5(b), R.A. 7610 Sec. 5(b), R.A. 7610 Sec. 5(b), R.A. 7610 Art. 339, RPC”
(Criminal liability subject (N.B. Child is considered IP: AM
to conditions under R.A. “subjected to other sexual GR: Art. 339 of the
116481) abuse” SOSA or RPC
Lascivious Conduct in
contemplation of R.A. If no deceit: “Other
7610) Acts of Abuse under
Art. 10(a), R.A. 7610”;
PM Min.

Circumstance Under 12, without Under 12, with consent 12 under 18, without 12 under 18, with
s consent consent consent
Art. 336 + child DES: “Acts of DES: “Acts of DES: “Lascivious NA
Lasciviousness under Lasciviousness under Art. Conduct under Sec. 5(b),
Art. 336, RPC in 336, RPC in relation to RA 7610
relation to Sec. 5(b) of Sec. 5(b) of R.A. 7610 IP: RT Med to RP
R.A. 7610 IP: RT Med GR: 2nd par. of Sec. 5 in
IP: RT Med GR: 1st and 2nd proviso, relation to 1st sentence of
GR: 1st and 2nd proviso, Sec. 5(b), R.A. 7610 Sec. 5(b), R.A. 7610
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

Sec. 5(b), R.A. 7610 (N.B. Child presumed

incapable of giving
rational consent;
considered exploited)
Acts of DES: “Acts of DES: “Acts of DES: “Lascivious DES: “Lascivious
Lasciviousness Lasciviousness under Lasciviousness under Art. Conduct under Sec. 5(b), Conduct under Sec.
+ child Art. 336, RPC in 336, RPC in relation to RA 7610 5(b), RA 7610
EPSOSA relation to Sec. 5(b) of Sec. 5(b) of R.A. 7610 IP: RT Med to RP IP: RT Med to RP
R.A. 7610 IP: RT Med GR: 2nd par. of Sec. 5 in GR: 2nd par. of Sec. 5
IP: RT Med GR: 1st and 2nd proviso, relation to 1st sentence of in relation to 1st
GR: 1st and 2nd proviso, Sec. 5(b), R.A. 7610 Sec. 5(b), R.A. 7610 sentence of Sec. 5(b),
Sec. 5(b), R.A. 7610 (N.B. Child presumed R.A. 7610
incapable of giving (N.B. Consent
rational consent; immaterial because
considered exploited) child is EPSOSA)

Acts of DES: “Acts of DES: “Acts of DES: “Lascivious If by means of deceit:

Lasciviousness Lasciviousness under Lasciviousness under Art. Conduct under Sec. 5(b), DES: “Acts of
+ child not Art. 336, RPC in 336, RPC in relation to RA 7610 Lasciviousness with
EPSOSA relation to Sec. 5(b) of Sec. 5(b) of R.A. 7610 IP: RT Med to RP the Consent of the
R.A. 7610 IP: RT Med GR: 2nd par. of Sec. 5 in Offended Party under
IP: RT Med GR: 1st and 2nd proviso, relation to 1st sentence of Art. 339, RPC”
GR: 1st and 2nd proviso, Sec. 5(b), R.A. 7610 Sec. 5(b), R.A. 7610 IP: AM
Sec. 5(b), R.A. 7610 (N.B. Child presumed (N.B. By then, child is GR: Art. 339 of the
incapable of giving considered “subjected to RPC
rational consent; other sexual abuse”
considered exploited) SOSA or Lascivious If no deceit: ? “Other
Conduct in contemplation Acts of Abuse under
of R.A. 7610) Art. 10(a), R.A. 7610;
PM Min.

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-VIOLENCE AGAINST WOMEN & THEIR
CHILDREN ACT OF 2004 (ANTI-VAWC)
REPUBLIC ACT NO. 9262
Judge Gidget Rose V. Duque
Date of Approval & Purposes
D RA 9262 was approved on March 08, 2004.
R.A. No. 9262 is a landmark legislation that
defines and criminalizes acts of
violence against women and their children
(VAWC) perpetrated by women's
intimate partners, i.e., husband, former husband,
or any person who has or had a
sexual or dating relationship, or with whom the
woman has a common child, or
against her child whether legitimate or
illegitimate, within or without the family
abode, which result in or is likely to result in,
physical, sexual, psychological
and/or economic abuse.
D making demeaning and sexually suggestive
To address violence committed against women
and children in keeping with the
fundamental freedoms guaranteed under the
Constitution and the Provisions of the
Universal Declaration of Human Rights, the
Convention on the Elimination of All
Forms of Discrimination Against Women
(CEDAW), Convention on the Rights of
the Child and other international human rights
instruments of which the Philippines
is a party.
Sec. 3(a): Violence Against Women & Their
Children (VAWC)
any act or a series of acts:
committed by any person (men & women alike);
against a woman who is the offender's:
wife,
former wife, or
against a woman with whom the person has or
had a sexual or dating relationship;
O with whom he has a common child; or
against her (the woman-victim's) child, whether
legitimate or illegitimate,
within or without the family abode;
which result in or is likely to result in:
Physical harm or suffering; or
Sexual harm or suffering; or
Psychological harm or suffering; or
Economic abuse, including threats of such acts;
Astant
Coercion;
Harassment; or
Arbitrary deprivation of liberty.
Sec. 3(a): Acts or Series of Acts / Forms of
VAWC
A. Physical violence - bodily or physical harm.
B. Sexual violence - sexual acts against a
woman & her child.
Psychological violence - acts or omissions
causing or likely to
cause mental or emotional suffering of the
victim.
D.
Economic abuse - acts that make or attempt to
make a woman
financially dependent.
Sec. 3(a): Acts or Series of Acts / Forms of
VAWC
Sexual violence: sexual acts against a woman &
her child, like, not limited to:
O rape, sexual harassment, acts of
lasciviousness;
O treating a woman or her child as a sex object;
remarks;
physically attacking the sexual parts of the
victim's body;
D
forcing her/him to watch obscene publications
and indecent shows or forcing the
woman or her child to do indecent acts and/or
make films thereof;
D
forcing the wife and mistress/lover to live in the
conjugal home or sleep together
in the same room with the abuser;
I prostituting the woman or her child.
Sec. 3(a): Forms of VAWC: Acts of
Psychological Violence
Psychological violence - acts or omissions
causing or likely to cause mental or emotional
suffering to the victim, such as but not limited to:
O Intimidation or harassment;
O Stalking;
O Damage to property;
O Public ridicule or humiliation;
7 Repeated verbal abuse;
I Mental infidelity;
O Unlawful/unwanted deprivation of the right to
custody/visitation of common children;
O Causing or allowing the victim to witness:
the physical, sexual or psychological abuse of a
member of the family to which the victim
belongs; or
pornography in any form; or
abusive injury to pets.
Sec. 3(a): Forms of VAWC: Psychological
Violence: Elements
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

2. This is because what R.A. No. 9262 criminalizes

4. is not the marital
the offended party is a woman and/or her child infidelity per se but the psychological violence
or children; causing mental
the woman is either the wife or former wife of the or
offender, or is a woman with emotional suffering on the wife (who is in the
whom the offender has or had a sexual or dating Philippines).
relationship, or is a woman It is the violence inflicted under the said
with whom such offender has a common child; circumstances that the law seeks
as for the woman's child or to outlaw.
children, they may be legitimate or illegitimate, Sec. 3(a): Forms of VAWC: Psychological
or living within or without the Violence: Jurisdiction
family abode; Marital infidelity is only one of the various acts
the offender causes on the woman and/or child by which psychological
mental or emotional anguish; violence may be committed if it causes or is
and likely to cause mental or emotional
the anguish is caused by acts constituting suffering to the victim.
psychological violence. Mental or emotional suffering of the victim is an
Sec. 3(a): Forms of VAWC: Elements: essential and distinct element
Psychological Violence: in the commission of VAWC through
Emotional Anguish Psychological Violence.
Psychological violence is the means employed While the psychological violence as the means
by the perpetrator, while mental employed by the perpetrator is
or emotional anguish is the effect caused to or certainly an indispensable element of the
the damage sustained by the offense, equally essential is the
offended party. element of mental
To establish psychological violence as an or
element of the crime, it is necessary to emotional anguish which
show proof of commission of any of the acts is personal to
enumerated in Section 5(i) or the
similar such acts. complainant.
And to establish mental or emotional anguish, it Hence, where the complainant is within the
is necessary to present the Philippines and is suffering from
testimony of the victim as such experiences are mental or emotional anguish caused by the
personal to this party marital infidelity of the husband
abroad, a case for VAWC can be instituted
Sec. 3(a): Forms of VAWC: Denial of Support as before the Philippine courts.
a form of Sec. 3(a): Acts or Series of Acts / Forms of
Psychological Violence Violence Against
O In cases of denial of support, it must be first Women & Their Children: Economic Abuse or
shown that the accused's Violence
denial thereof - which is, by itself, already a form Economic abuse - acts that make or attempt to
of economic abuse make a woman financially dependent,
further caused mental or emotional anguish to including but not limited to:
the woman-victim and/or to O withdrawal of financial support; or
their common child, if prosecuted under Sec. preventing the victim from engaging in any
5(i). legitimate profession, occupation,
Sec. 3(a): Forms of VAWC: Psychological business or activity, except in cases wherein the
Violence: Jurisdiction other spouse/partner objects on
Philippine courts exercise jurisdiction over an valid, serious and moral grounds as provided in
offense constituting Article 73 of the Family Code;
psychological violence under RA 9262 deprivation or threat of deprivation of financial
committed through marital resources and the right to the use
infidelity, even when the alleged illicit and enjoyment of the conjugal, community or
relationship occurred or is property owned in common;
occurring outside the country. O
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

destroying household property; of the principle of conspiracy under the RPC.

D Thus, any person other than the current or
controlling the victims' own money or properties;
or
solely controlling the conjugal money or
properties.
Sec. 3(a): Violence Committed Against a
Woman in Relation to the
Offender
The woman-victim and the offender must have
or previously had an intimate
or sexual relationship.
VAWC is perpetrated by women's intimate
partners, like their:
husband; or
former husband; or
D any person whom she or had a sexual or
dating relationship; or
O with whom the woman has a common child.
The use of the gender-neutral word "person"
who has or had a sexual or dating
relationship with the woman encompasses even
lesbian relationships. (Garcia
Vs. Drilon, GR No. 179267, June 25, 2013)
Offender is not limited to a man.
Sec. 3(a): Violence Committed Against a
Woman in Relation to the
Offender: "Dating Relationship" or "Sexual
Relations":
Dating relationship - refers to a situation wherein
the parties:
live as husband and wife without the benefit of
marriage; or
V imminent physical harm;
are romantically involved over time and on a
continuing basis
during the course of the relationship, thus,
sexual relations is not
required.
A her child to engage in
casual acquaintance or ordinary socialization
between two
individuals in a business or social context is not
a dating relationship.
However, a single sexual act which may or may
not result in the bearing
of a common child, is sufficient to constitute
"sexual relations".
Sec. 3(a): VAWC: Liability of Third Persons
While the law provides that the offender be
related or connected to the
woman-victim by marriage, former marriage, or
a sexual or dating
relationship, liability under RA 9262 does not
preclude the application
former husband, or current or
former dating or intimate/sexual partner of the
woman-victim can be
held liable if such person acted in conspiracy
with the offender in the
commission of the acts of VAWC. (Go-Tan vs.
Go, G.R. No. 168852,
September 30, 2008.)
16
Sec. 3(a): Violence Committed Against the
Children
"Children" as used in RA NO. 9262 refer to:
Persons below 18 years of age; or
Persons above 18 years of age, but are
incapable of taking care of
themselves as defined under R.A. No. 7610; and
related to the woman-victim as her:
biological children; or
children under her care
The offender who caused physical and
psychological harm to the
woman's "child", with whom he/she had dating
or sexual relations is
liable under RA 9262 or RA 7610 (Child Abuse
Law).
Section 5: Means of Committing VAWC
Causing, threatening to cause, or attempting to
cause physical harm
to the woman or her child;
2.
Placing the woman or her child in fear of
3.
Inflicting or threatening to inflict physical harm
on oneself for the
purpose of controlling her actions or decisions;
Causing or attempting to cause the woman or
any sexual activity which does not constitute
rape, by force or
threat of force, physical harm, or through
intimidation directed
against the woman or her child or her/his
immediate family;
Section 5: Means of Committing VAWC
Compelling or attempting to compel the
woman/her child to:
engage in conduct which the woman or her child
has the right to desist from; or
desist from conduct which the woman or her
child has the right to engage in; or
D
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

attempting to restrict or restricting the woman's Section 5: Means of Committing VAWC:

or her child's freedom of movement or Economic
conduct by force, threat, harm or intimidation Abuse:
directed against the woman or child, by, Economic Abuse under Section 5 (e)(2) consist
among others: in:
threatening to deprive or actually depriving the O depriving or threatening to deprive the
woman/her child of custody to her woman/her children of
family; financial support legally due her/her family; or
depriving or threatening to deprive the T
woman/her children of financial support deliberately providing the woman's children
legally due her/her family; (ECONOMIC ABUSE] insufficient financial
or support.
deliberately providing Refers to acts that make or attempt to make a
the woman financially
woman's dependent.
children
insufficient financial Section 5: Means of Committing VAWC: Acts of
(ECONOMIC ABUSEI Economic Abuse
depriving or threatening to deprive the woman or 2.
her child of a legal right; 4.
preventing the woman in engaging in any 5.
legitimate profession, occupation, business depriving or threatening to deprive the
or activity (ECONOMIC ABUSE) ; or woman/her children of
controlling the victim's own money or properties financial support legally due her/her family; or
(ECONOMIC ABUSE) ; or deliberately providing the woman's children
solely controlling the conjugal or insufficient financial
common money, or properties (ECONOMIC support;
ABUSEI preventing the woman in engaging in any
Section 5: Means of Committing VAWC legitimate profession,
6. occupation, business or activity; or
Engaging in purposeful, knowing, or reckless controlling the victim's own money or properties;
conduct, personally or or
through solely controlling the conjugal or common
another, that alarms or causes substantial money, or properties
emotional Section 5: Means of Committing VAWC:
or Economic Abuse: Denial
psychological distress to the woman or her child, to Provide or Deliberately Providing Insufficient
including, but not Financial
limited to: Support
Stalking or following the woman or her child in The act of denying support to a child is a
public or private continuing offense.
places; Deprivation or denial of support under Section 5
Peering in the window or lingering outside the (e)(2) of RA 9262, by
residence of the woman itself and even without the additional element of
or her child; psychological violence
V under Section 5(i), is already specifically
Entering or remaining in the dwelling or on the penalized as VAWC through
property of the woman Economic Abuse.
or her child against her/his will; Section 5: Means of Committing VAWC:
V Economic Abuse: Denial
Destroying the property and personal belongings to Provide Financial Support: Offender is a
or inflicting harm to Foreigner
animals or pets of the woman or her child; and To determine whether or not a person is
V criminally liable for economic
Engaging in any form of harassment or violence abuse for deunder R.A. No. 9262, it is
imperative to establish that the
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

legal obligation to support exists. Sec. 3(c): Battered Woman Syndrome (BWS):
The foreigner is subject to the laws of his People vs.
country, not to Philippine Genosa (G.R. No. 135981, January 15, 2004)
law, as to whether he is obliged to give support O The Decision in this case was promulgated
to his child, as well as two (2) months before the
the consequences of his failure to do so.The effectivity of RA 9262 on March 27, 2004.
provisions of the Family O The novel concept of Battered Women
Code on support applies only to Filipino citizens. Syndrome (BWS) was introduced
By analogy, the same as basis for the claim of self-defense by a
principle applies to foreigners such that they are woman who killed her husband,
governed by their and who was found to be suffering from BWS.
national law with respect to family rights and D In said case, although BWS was recognized
duties. to have immobilizing effect on
Section 5: Means of Committing VAWC: the battered woman's ability to act decisively in
Economic Abuse: Denial her own interest, the SC
to Provide Financial Support: Offender is a did not recognize the lone fact that the woman
Foreigner suffered from BWS as a
In international law, the party who wants to have justifying circumstance constituting self-defense,
a foreign law applied absent the element of
to a dispute or case has the burden of proving unlawful aggression.
the foreign law. O The SC, at that time, was limited to apply the
Thus, it is incumbent upon the respondent- existing law and
foreigner to plead and prove jurisprudence on the given the facts (RPC).
that his national law does not impose upon the O The SC, nonetheless, considered the
parents the obligation to "psychological paralysis" effect
support their child. on the woman arising from repeated battery as a
& In case of failure to prove his national law, the mitipating
doctrine of processual circumstance to temper her penalty.
presumption shall govern. D Now, with RA 9262, a woman suffering from
Under this doctrine, if the foreign law involved is BWS who has killed her
not properly pleaded aggressor committing violence against her under
and proved, our courts will presume that the A 9262 is considered to
foreign law is the same as have acted in self-defense, even when all the
our local or domestic or internal law. elements therefore are not
present.
Sec. 3(c): Battered Woman Syndrome (BWS) O The case demonstrated how the "pattern" of
D A scientifically defined pattern of psychological and behavioral
psychological and behavioral symptoms found in women living in battering
symptoms found in women living in battering relationships as a result of
relationships as a result of "cumulative abuse" shall be considered as
cumulative abuse. indicators of the existence of
I Victim-survivors who are found by the courts to BWS.
be suffering from battered 28
woman syndrome do not incur any criminal and O In order to be classified as a battered woman,
civil liability the woman and the
notwithstanding the absence of any of the offender must go through the battering cycle at
elements for justifying least twice.
circumstances of self-defense under the 1 Any woman may find herself in an abusive
Revised Penal Code. relationship with a
I In the determination of the state of mind of the man once. If it occurs a second time, and she
woman who was suffering remains in the
from battered woman syndrome at the time of situation, she is defined as a battered woman.
the commission of the crime,
the courts shall be assisted by expert Sec. 3(c): Battered Woman Syndrome (BWS):
psychiatrists/ psychologists. Cycle
of Violence
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

U BWS is characterized by the so-called "cycle incident ends.

of violence, O During this tranquil period, the couple
which has three phases: experience profound relief.
1 the tension-building phase; I On the one hand, the batterer may show a
(2) the acute battering incident; and tender and nurturing behavior
(3) the tranquil, loving (or, at least, nonviolent) towards his partner. He knows that he has been
phase. viciously cruel and tries to
Sec. 3(c): Battered Woman Syndrome (BWS): make up for it, begging for her forgiveness and
The promising never to beat her
Tension-Building Phase again.
O During the tension-building phase, minor On the other hand, the battered woman also
battering occurs - it could be tries to convince herself that the
verbal or slight physical abuse or another form battery will never happen again; that her partner
of hostile behavior. will change for the better;
The woman usually tries to pacify the batterer and that this "good, gentle and caring man" is
through a show of kind, the real person whom she
nurturing behavior; or by simply staying out of loves.
his way.
D What actually happens is that she allows Sec. 3(c): Battered Woman Syndrome (BWS):
herself to be abused in ways that, The Tranquil,
to her, are comparatively minor. Loving, Non-violent Phase
O Exhausted from the persistent stress, the O The illusion of absolute interdependency is
battered woman soon withdraws well-entrenched in a
emotionally. battered woman's psyche.
O But the more she becomes emotionally In this phase, she and her batterer are indeed
unavailable, the more the batterer emotionally dependent
becomes angry, oppressive and abusive. on each other -- she for his nurturant behavior,
[ Often, at some unpredictable point, the he for her forgiveness.
violence "spirals out of control" and D Underneath this miserable cycle of tension,
leads to an acute battering incident. violence and forgiveness,
Sec. 3(c): Battered Woman Syndrome (BWS): each partner may believe that it is better to die
The Acute than to be separated.
Battering Incident O Neither one may really feel independent,
O Characterized by brutality, destructiveness capable of functioning
and, sometimes, death. without the other.
D During this phase, she has no control; only the Sec. 3(c): Battered Woman Syndrome (BWS):
batterer may put an end to Requisites for
the violence. Self-defense Under BWS
O The battered woman usually realizes that she 2
cannot reason with him, and each of the phases of the cycle of violence must
that resistance would only exacerbate her be proven to have
condition. characterized at least two battering episodes
O At this stage, she has a sense of detachment between the woman and her
from the attack and the terrible intimate partner.
pain, although she may later clearly remember the final acute battering episode preceding the
every detail. killing of the batterer must
D Acute battering incidents are often very have produced in the battered person's mind an
savage and out of control, such actual fear of an
that innocent bystanders or intervenors are likely imminent harm from her batterer and an honest
to get hurt. belief that she needed to
32 use force in order to save her life.
Sec. 3(c): Battered Woman Syndrome (BWS): at the time of the killing, the batterer must have
The Tranquil, posed probable -- not
Loving, Non-violent Phase necessarily immediate and actual - grave harm
O The final phase of the cycle of violence begins to the accused, based on
when the acute battering
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

the history of violence perpetrated by the former O Thus, a person charged with a continuing or
against the latter. transitory crime may be
Section 25: VAWC as a Public Crime validly tried in any municipality or territory where
I Violence against women and their children the offense was in part
shall be considered committed.
a public offense which may be prosecuted upon Section 38: Exemption from Payment of Docket
the filing of a Fee
complaint by any citizen having personal O If the victim is an indigent or there is an
knowledge of the immediate necessity
circumstances involving the commission of the due to imminent danger or threat of danger to
crime. act on an
Section 27: Prohibited Defense application for a protection order, the court shall
Being under the influence of alcohol, any illicit accept the
drug, or any other application without payment of the filing fee and
mind-altering substance shall not be a defense other fees and of
in a charge for transcript of stenographic notes.
VAWC. Section 24: Prescriptive Period
[ Acts falling under Sections 5(a) to 5(f) shall
Section 28: Custody of Children & Support prescribe in twenty
O The woman victim of violence shall be entitled (20) years.
to the custody D Acts falling under Sections 5(g) to 5(I) shall
and support of her child/children. prescribe in ten (10)
O Children below seven (7) years old or older years.
but with mental or
physical disabilities shall automatically be given 3 Distinct Remedies for Victims of VAWC
to the mother, 1. a criminal complaint;
with right to support, unless the court finds 2. a civil action for damages; and
compelling reasons 3 a civil action for the issuance of a protection
to order otherwise. order.
D A victim who is suffering from BWS shall not 42
be disqualified Section 36: Civil Liability for Damages
from having custody of her children. Any victim of violence under RA 9262 shall be
O In no case shall custody of minor children be entitled to
given to the actual, compensatory, moral and exemplary
perpetrator of a woman who is suffering from damages.
BWS. The civil action for damages is deemed
Section 7: Venue for VAWC Cases imstituted with the
D A designated Family Court shall have original criminal action, unless an independent civil
and exclusive jurisdiction action for damages
over cases of violence against women and their is filed.
children under this law. Sections 8-23: Protection Orders (POs)
D Acts of violence against women and their I Order
children may manifest as issued
transitory or continuing crimes; meaning that to
some acts material and prevent
essential thereto and requisite in their further
consummation occur in one acts
municipality or territory, while some occur in of violence against women and their children,
another. their family or
O In such cases, the court wherein any of the household members, and to grant other
crime's essential and necessary reliefs.
material acts have been committed maintains O Its purpose is to safeguard the offended
jurisdiction to try the case; parties from further
it being understood that the first court taking harm, minimize any disruption in their daily life
cognizance of the same and facilitate
excludes the other.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
the opportunity and ability to regain control of
their life.
Sec. 8-23: Protection Orders (POs)
D An application for PO filed with a court shall
be considered an
application for both a TO and PPO.
O It may be filed as an independent action or as
incidental relief in
any civil or criminal case the subject matter or
issues thereof partakes
of a violence as described in RA 9262.
Application for POs shall be deemed impliedly
instituted with the
criminal actions involving violence against
women and their children.
O The provisions of the PO shall be enforced by
law enforcement
agencies.
O A PO is not a procedural mechanism, but is in
itself a substantive
relief.
Sec. 8-23: Kinds of POs
1. Barangay Protection Order (BPO);
2. Temporary Protection Order (TPO); and
3.
Permanent Protection Order (PPO).
Section 8: Reliefs Provided By POs
Prohibition of the respondent from:
I threatening to commit or committing, personally
or through another, any
of the acts mentioned in Section 5;
O harassing, annoying, telephoning, contacting
or otherwise communicating
with the petitioner, directly or indirectly;
any use or possession of any firearm or deadly
weapon and order him to
surrender the same to the court for appropriate
disposition by the court,
including revocation of license and
disqualification to apply for any
license to use or possess a firearm.
Removal and exclusion of the respondent from:
O the residence of the petitioner, regardless of
ownership of the residence,
either temporarily or permanently for the
purpose of protecting the
petitioner,
Section 8: Reliefs Provided By POs
3.
Directing the respondent/offender to:
O stay away from petitioner and designated
family or household member at a
distance specified by the court;
stay away from the residence, school, place of
employment, or any
specified place frequented by the petitioner and
any designated family or
household member;
provide support to the woman and/or her child if
entitled to legal support;
D
to surrender any firearm or deadly weapon to
the court for appropriate
disposition by the court;
I if the offender is a law enforcement agent, the
court shall order the offender
to surrender his firearm and shall direct the
appropriate authority to
investigate on the offender and take appropriate
action on matter
48
Section 8: Reliefs Provided By POs
Directing lawful possession and use by
petitioner of:
an automobile and other essential personal
effects, regardless of
ownership, and directing the appropriate law
enforcement officer to;
Directing the appropriate law enforcement
officer/ agency to:
accompany the petitioner to the residence of the
parties to ensure that the
petitioner is safely restored to the possession of
the automobile and other
essential personal effects, or to supervise the
petitioner's or respondent's
removal of personal belongings;
I provide petitioner what she may need
Granting a temporary or permanent custody of a
child/children to the
petitioner;
Section 8: Reliefs Provided By POs
7.
Provide:
I restitution for actual damages caused by the
violence inflicted,
including, but not limited to, property damage,
medical expenses,
childcare expenses and loss of income;
O other forms of relief as the court deems
necessary to protect and
provide for the safety of the petitioner and any
designated family or
household member, provided petitioner and any
designated family
or household member consents to such relief.
Section 9: Who May File Petition For POs
1) the offended party;
2)
parents or guardians of the offended party;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

3 4)
ascendants, descendants or collateral relatives description of the reliefs requested by petitioner;
within the fourth civil degree 5)
of consanguinity or affinity; request for counsel and reasons for such;
3) 6)
officers or social workers of the DSWD or social request for waiver of application fees until
workers of LGUs; hearing; and
police officers, preferably those in charge of 7)
women and children's desks; an attestation that there is no pending
Punong Barangay or Barangay Kagawad; application for a protection order in
6) another court.
lawyer, counselor, therapist or healthcare
provider of the petitioner; Section 11: Form of Application for POs
7) D Signed and verified under oath by the
At least two (2) concerned responsible citizens applicant.
of the city or municipality D If the applicants is not the victim, the
where the violence against women and their application must be accompanied
children occurred and who has by an affidavit of the applicant attesting to:
personal knowledge of the offense committed. 2.
Section 9: Who May File Petition For POs the circumstances of the abuse suffered by the
D The right of other persons mentioned in victim; and
Section 9 to file such a petition the circumstances of consent given by the victim
is suspended when the victim has filed a petition for the filling of
for herself. the application
O In filing such a petition, the other persons Where To Apply For A Protection Orders
mentioned in Section 9 avails O BPO - Punong Barangay or if he/she is not
of a remedy that is distinct from the criminal available, to
action under Section 5 of any Barangay Kagawad.
the same law. I TPO or PPO- RTC, MeTC, MTC, MCTC with
1 The mere filing of such a criminal complaint, territorial
without the subsequent jurisdiction over the place of residence of the
filling petitioner. If a
of family court exists in the place of residence of
an the
information in petitioner, the application shall be filed with that
court, does not occasion litis court.
pendentia or res judicata that precludes the filing Section 20: Priority of Application For POs
of a petition for the D Ex parte and adversarial hearings to
issuance of a PO. determine the basis of
Section 11: Form of Application for POs applications for a protection order shall have
O The application for a protection order must be priority over all other
in writing; written in English with proceedings.
translation to the major local languages, and O Barangay officials and the courts shall
shall contain the required schedule and conduct hearings
information: on applications for a protection order above all
1) other business and, if
names and addresses of petitioner and necessary, suspend other proceedings
respondent - when disclosure of the in order to hear
address of the victim will pose danger to her life, applications for a protection order.
it shall be so stated in the Enforceability of Protection Orders
application; O All TPOs and PPOs shall be enforceable
2) anywhere in the
description of relationships between petitioner Philippines.
and respondent;
3) Section 14: Barangay Protection Orders (BPOs)
a statement of the circumstances of the abuse;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
O BPOs refer to the protection order issued by
the Punong
Barangay ordering the perpetrator to desist
from:
(a) causing physical harm to the woman or her
child; and
(b)
threatening to cause the woman or her child
physical harm.
D Duty of the Punong Brgy. Is purely executive
in nature, pursunt to
his duty to enforce all laws and ordinances and
to maintain public
order in the brgy.
D BPOs are limited to the foregoing two (2)
reliefs.
O BPOs shall be effective for fifteen (15 days.
Section 14: Barangay Protection Orders (BPOs)
O knowledge that any act of abuse has just been
A Punong Barangay who receives applications
for a BPO shall issue the
protection order to the applicant on the date of
filing after ex parte determination
of the basis of the application
O If the Punong Barangay is unavailable to act
on the application for a BPO, the
application shall be acted upon by any available
Barangay Kagawad.
D If the BPO is issued by a Barangay Kagawad
the order must be accompanied by
an
attestation by the Barangay Kagawad that the
Punong
Barangay was
unavailable at the time for the issuance of the
BPO.
I I In every case of violence against women and
Immediately after the issuance of an ex parte
BPO, the Punong Barangay or
Barangay Kagawad shall personally serve a
copy of the same on the respondent,
or direct any barangay official to effect its
personal service.
The parties may be accompanied by a non-
lawyer advocate in any proceeding
before the Punong Barangay.
Section 30: Duties of Brgy. Officials & Law
Enforcers
respond immediately to a call for help or request
for assistance or protection of
the victim by entering the necessary whether or
not a protection order has been
issued and ensure the safety of the victim/s;
confiscate any deadly weapon in the possession
of the perpetrator or within plain
view;
transport or escort the victim's to a safe place of
their choice or to a clinic or
hospital;
assist the victim in removing personal belongs
from the house;
assist the barangay officials and other
government officers and employees who
respond to a call for help;
ensure the enforcement of the Protection Orders
issued by the Punong Barangy or
the courts;
Section 30: Duties of Brgy. Officials & Law
Enforcers
7.
arrest the suspected perpetrator without a
warrant when any of the acts of
violence defined by this Act is occurring, or
when he/she has personal
committed, and there is
imminent danger to the life or limb of the victim
as defined in this Act; and
8.
immediately report the call for assessment or
assistance of the DSWD,
social Welfare Department of LGUs or
accredited non-government
organizations (NGOs).
Any barangay official or law enforcer who fails to
report the incident shall
be liable for a fine not exceeding PhP10,000.00
or whenever applicable
criminal, civil or administrative liability.
Section 34 : Persons Intervening, Exempt from
Liability
their children under RA
9262, any person, private individual or police
authority or barangay
official who, acting in accordance with law,
responds or intervenes
without using violence or restraint greater than
necessary to ensure the
safety of the victim, shall not be liable for any
criminal, civil or
administrative liability resulting therefrom.
Section 15: Temporary Protection Orders
(TPOs)
I TPOs refer to the protection order issued by
the court on the date of filing of
the application after ex parte determination that
such order should be issued.
D It is a provisional relief.
O POs shall be initially effective for thirty (30)
days from service on the
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
respondent, renewable for a limited period of 30
days each time.
An application for PO filed with a court shall be
considered an application
for both a TPO and PPO.
O Thus, within the 30 days life of the TPO, a
hearing to determine the
propriety of issuing permanent protection order
must be conducted.
O The court shall schedule a hearing on the
issuance of a PPO prior to or on the
date of the expiration of the TPO.
Section 15: Temporary Protection Orders
(TPOs)
O Since time is of the essence in cases of
VAWC, if further violence is to be
prevented, the court is authorized to issue ex
parte (without hearing) a TPO after
raffle but before notice and hearing when the
life, limb or property of the victim
is in jeopardy and there is reasonable ground to
believe that the order is necessary to
protect the victim from the immediate and
imminent danger of VAWC or to prevent
such violence, which is about to recur.
when the TP is issued ex parte, the court shall
likewise order that notice be
immediately given to the respondent directing
him to file an opposition within five
(5) days from service. The date of the
preliminary conference and hearing on the
merits shall likewise be indicated on the notice.
D sought in the
Moreover, the court shall order that notice,
copies of the petition and TO be served
immediately on the respondent by the court
sheriffs who may obtain the assistance
of law enforcement agents for the service.
Section 15: Temporary Protection Orders
(TPOs)
D The opposition to the petition which the
respondent himself shall verify,
must be accompanied by the affidavits of
witnesses and shall show cause
why a TPO or PPO should not be issued.
O Where the court is unable to conduct the
hearing within one (1) day and the
TPO issued is due to expire, the court shall
continuously extend or renew the
TO for a period of thirty (30) days at each
particular time until final
judgment is issued.
D The extended or renewed TPO may be
modified by the court as may be
necessary or applicable to address the needs of
the applicant.
O Following the conduct of a hearing, a
permanent protection order may be
issued.
Section 16: Permanent Protection Orders
(PPOs)
OPPOs refer to protection orders issued by the
court after notice and hearing.
D APPO shall be effective until revoked by a
court upon application of the person
in whose favor the order was issued.
O The court shall ensure immediate personal
service of the PO on respondent.
O The court shall not deny the issuance of PO
on the basis of the lapse of time
between the act of violence and the filing of the
application.
" Regardless of the conviction or acquittal of the
respondent for violation of RA
9262, the Court must determine whether or not
the PPO shall become final.
O Even in a dismissal, a PPO shall be granted
as long as there is clear showing that
the act from which the order might arise exist.
Section 33: Prohibited Acts
A Punong Barangay, Barangay Kagawad or the
court hearing an
application for a protection order shall not order,
direct, force or
in any way unduly influence the applicant for a
PO to
compromise or abandon any of the reliefs
application for protection.
Section 23: Bond to Keep the Peace
The Court may order any person against whom
a PO or PPO is issued
to give a bond to keep the peace, to present two
sufficient sureties
who shall undertake that such person will not
commit the violence
sought to be prevented.
Should the respondent fail to give the bond as
required, he shall be
detained for a period which shall in no case
exceed six (6) months, if
he shall have been prosecuted for acts
punishable under Section 5(a) to
5(1) (physical violence); and not exceeding thirty
(30) days, if for acts
punishable under Section 5(g) to 5(i) (sexual
and economic abuse).
Section 21; Violation of POs: BPO
O Cases for violation of BPOs shall be filed
directly with any MTC,
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

MeT, MCTC that has territorial jurisdiction over O The provisions of RA 9262 shall be liberally
the barangay that construed to promote
issued the BPO. the protection and safety of victims of violence
O Punishable by imprisonment of thirty (30) against women and
days without prejudice their children.
to any other criminal or civil action that the O The express language of R.A. No. 9262
offended party may file reflects the intent of the
for any of the acts committed. legislature for liberal construction as will best
D A judgment of violation of a BPO may be ensure the
appealed according to the attainment of the object of the law according to
Rules of Court. its true intent,
O During trial and upon judgment, the trial court meaning and spirit, which is the protection and
may motu proprio safety of victims
issue a PO as it deems necessary without need of violence against women and children.
of an application. O Accordingly, the maxim expressio unios est
exclusio alterius finds no
Violations of TPO or PPO application, as this rule of statutory construction
O Violation of any provision of a TPO or PPO should be applied
shall constitute contempt of only as a means of discovering legislative intent
court (indirect contempt) punishable under Rule which is not
71 of the Rules of Court, otherwise manifest.
without prejudice to any other criminal or civil Concepts & Principles
action that the offended The Revised Penal Code and other applicable
party may file for any of the acts committed. laws, shall have
0 Indirect contempt under Rule 71 of the Rules suppletory application in cases involving VAWC.
of Court is punished with: & VAWC shall be considered a public offense
RTC - fine not exceeding PhP30k and/or which may be
imprisonment of not exceeding prosecuted upon the filing of a complaint by any
6 months; and citizen having
2. personal knowledge of the circumstances
MeTC, MTC, MCTC - fine not exceeding PhP5k involving
and/or imprisonment the
not exceeding 1 month. commission of the crime.
Section 44: Confidentiality
D All records pertaining to cases of VA W Concepts & Principles
including those in the barangay Is RA 9262 violative of the equal protection and
shall be confidential and all public officers and due process clauses of the
employees and public or Constitution? NO.
private clinics or hospitals shall respect the right Equal protection simply requires that all persons
to privacy of the victim or things similarly
O Whoever publishes or causes to be published, situated should be treated alike, both as to rights
in any format, the name, conferred and
address, telephone number, school, business responsibilities imposed.
address, employer, or other The equal protection of the laws clause of the
identifying information of a victim or an Constitution allows
immediate family member, classification.
without the latter's consent, shall be liable to the Requisites Of A Valid Classification
contempt power of the 1. The classification must be reasonable, which
court. means that the
D classification should be based on substantial
Any person who violates this provision shall distinctions which
suffer the penalty of one (1) make for real differences;
year imprisonment and a fine of not more than 2. It must be germane to the purpose of the law;
PhP500,000.00. 3. It must not be limited to existing conditions
Section 4: Construction of RA 9262 only; and
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

4. It must apply equally to each member of the END

class.
Concepts & Principles
Considerations why R.A. 9262 is based on a
valid classification:
The unequal power relationship between women
and men;
2.
The fact that women are more likely than men to
be victims of
violence; and
3.
The widespread gender bias and prejudice
against women.
All these make for real differences justifying the
classification under
the law, favoring women over men as victims of
violence and abuse
to whom the State extends its protection.
(Garcia vs. Drilon, GR No.
179267, June 25, 2013)
Concepts & Principles
I The distinction between men and women is
germane to the
purpose of R.A. 9262, which is to address
violence committed
against women and children.
O The application of R.A. 9262 is not limited to
the existing
conditions when it was promulgated, but to
future conditions as
well, for as long as the safety and security of
women and their
children are threatened by violence and abuse.
76
Concepts & Principles
O R.A. 9262 applies equally to all women and
children who suffer
violence and abuse. (Garcia vs. Drilon, GR No.
179267, June 25,
2013)
I Under R.A. 8369, otherwise known as the
"Family Courts Act of
1997," family courts have exclusive original
jurisdiction to hear and
decide cases of domestic violence against
women and children.
I Acts of violence against women and their
children may manifest as
transitory or continuing crimes; meaning that
some acts material and
essential thereto and requisite in their
consummation occur in one
municipality or territory, while some occur in
another.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-CHILD PORNOGRAPHY ACT OF 2009
RA NO. 9775
Date When Signed Into Law: Purposes
- RA was signed into law on November
17, 2009.
1. To promote and protect the physical,
moral, spiritual, intellectual, emotional,
psychological and social well-being of
the youth;
2. To guarantee the fundamental rights of
every child from all forms of neglect,
cruelty and other conditions prejudicial
to his/her development;
3. To protect every child from all forms of
exploitation and abuse including the
use of a child in pornographic
performances and materials; and the
inducement or coercion of a child to
engage or be involved in pornography
through whatever means.
Sec. 3(a): "Child”
1. a person below 18 years of age; or
2. a person above 18 years of age, but is
unable to fully take care of
himself/herself from abuse, neglect,
cruelty, exploitation or discrimination
because of a physical or mental
disability or condition;
3. a person regardless of age who is
presented, depicted or portrayed as a
child; and
4. a computer-generated, digitally or
manually crafted images or graphics of
a person who is represented or who is
made to appear to be a child.
Sec. 3(b): "Child Pornography"
❖ Any representation:
- of child;
- engaged in or involved in real or
simulated explicit sexual activities;
[sexual activities vs. sexual intercourse]
- in visual, audio, or written combination
thereof (comics), by electronic,
mechanical, digital, optical, magnetic or
any other means.
❖ Live sexual showing of a child in a
theatre or internet chatrooms is not
similar to electronic, mechanical,
digital, optical or magnetic means.
❖ The representation of the child
engaged in any sexual activity must
come in the form/means prescribed
to constitute child pornography
under this law.
Sec. 3(c): "Explicit Sexual Activity"
1. Actual or simulated sexual
intercourse or lascivious act including,
but not limited to, contact involving
genital to genital, oral to genital, anal to
genital, or oral to anal, whether between
persons of the same or opposite sex;
2. bestiality;
3. masturbation;
4. sadistic or masochistic abuse;
5. lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or
anus; or
6. use of any object or instrument for
lascivious acts.
❖ Depiction of undeniable sexual
activity.
Sec. 3(c): "Simulated Sexual Intercourse"
- scenes which suggest that intercourse is
taking place without
explicitly depicting it, and the portrayal causes
the viewer to believe that the actors actually
engages in sex.
Sec. 3: Elements of Child Pornography
(1) There must be representation of a child;
(2) The child is engaged or involved in real or
simulated explicit sexual activities;
(3) The representation of the child maybe visual,
audio or written form or combination thereof; and
(4) The representation of the child is by
electronic, mechanical, digital, optical, magnetic
or any other audio or visual means.
Sec. 4: Unlawful or Prohibited Acts
1. Hiring, employing, using, persuading,
inducing or coercing a child to perform in
the creation or production of any form of
child pornography;
2. Producing, directing, manufacturing or
creating any form of child pornography;
3. Publishing, offering, transmitting, selling,
distributing, broadcasting, advertising,
promoting, exporting or importing any
form of child pornography;
4. Possessing any form of child
pornography with the intent to sell,
distribute, publish, or broadcast.
- possession of three (3) or more
articles of child pornography of the
same form shall be prima facie
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

evidence of the intent to sell, distribute, 4. Officer, social worker or representative

publish or broadcast;
5. Knowingly, willfully and intentionally
providing a venue for
commission of prohibited acts (dens,
private rooms, cubicles, cinemas,
houses or in establishments purporting
to be a legitimate business);
6. Distribution of any form of child
pornography by film distributors,
theatres and telecommunication
companies, by themselves or in
cooperation with other entities,;
7. Knowingly permitting the child to
engage, participate or assist in any form
of child pornography - by a parent, legal
guardian or person having custody or
control of a child to;
8. Engaging in the luring or grooming of a
child;
9. Engaging in pandering of any form of
child pornography;
10. Willfuly accessing any form of child
pornography.
11. Conspiring to commit any of the
foregoing prohibited acts.
12. Possessing any form of
pornography.
❖ Mere conspiracy and
possession are declared unlawful
and criminalized under this law.
Sec. 4: Unlawful or Prohibited Acts:
Conspiracy to Commit Child Pornography
❖ committed when two (2) or more
persons come to an agreement
concerning the commission of any of the
said prohibited acts and decide to
commit it.
Sec. 5: Syndicated Child Pornography
- Child pornography is deemed committed
by a syndicate if carried out by a group
of three (3) or more persons
conspiring or confederating with one
another.
- Penalty: reclusion perpetua and a fine of
not less than Php2,000,000.00 but not
more than Php5,000,000.00.
Sec. 6: Who May File a Complaint
1. Offended party;
2. Parents or guardians;
3. Ascendant or collateral relative Within
the third degree of consanguinity:
of a licensed child-caring institution;
5. Officer or social worker of the
the Department of Social Welfare and
Development (DSWD);
6. Local social welfare development
officers.
7. Barangay chairman;
8. An law enforcement officer:
9. At least three (3) concerned responsible
citizens residing in the place where the
violation occurred: or
10. Any person who has personal
knowledge of the circumstances of the
commission of any ortense under the
Act.
Sec. 9: Duties of an Internet Service Provider
(ISP), Developers, Technology Professionals
1. Notify the PP or the NBI within seven
(7) days from obtaining facts and
circumstances that any form of child
pornography IS being committed using
its server or tacility.
- This, however, does not require an ISP
to engage in the monitoring of any user,
child subscriber or customer, or the content of
any communication of any such person.
mere 2. Preserve such evidence tor purpose of
investigation and prosecution by
relevant authorities
3. Upon the request of proper authorities,
furnish the particulars of users who
gained or attempted to gain access to
an internet address Which contains any
form of child pornograpny.
4. Install available technology, program or
software to ensure that access to or
transmittal of any form of child
pornography will be blocked or filtered.
5. Photo developers, information
technology professionals, credit card
companies and banks and any person
who has direct knowledge of any form of
child pornography activities shall have
the duty to report any suspected child
pornographv materials or
transactions to the proper authorities
within seven (7) days from discovery
thereof.
Sec. 10: Responsibility of Mall
Owners/Operators & Owners or Lessors of
Other Business Establishments
❖ Notify the PNP or the BI within seven (7)
days from obtaining facts and
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
circumstances that child pornographv is
being committed in their premises.
- The public display of any form of child
pornography within their premises is a
conclusive presumption of their
knowledge of the violation of this Act.
- A disputable presumption of
knowledge arises when they should
Know or reasonably know that a
violation of this Act is being committed
in their premises
Sec. 11: Duties of an Internet Content Host
1. Not host any form of child pornography
on its internet address;
2. Within seven (7) days, report the
presence of anw form of child
pornography, as well as the particulars
of the person maintaining, hosting,
distributing Or in any manner
contributing to such Internet address, to
the proper authorities; and
3. Preserve such evidence for purposes
of investigation and prosecution by
relevant authorities.
4. Upon the request of proper authorities,
furnish the particulars of users who
gained or attempted to gain access to
an internet address thatcontains any
form of child pornography.
❖ Failure of the internet content host to
remove any form of child pornography
within forty-eight (48) hours from
receiving the notice that any form of
child pornography is hitting its server
shall be conclusive evidence of
willfull and intentional violation
thereof.
Sec. 13: Confidentiality
- The right to privacy of the child shall be
ensured at any stage of the
investigation, prosecution and trial of an
offense under the Act.
Sec. 13: Confidentiality: Scope & Procedure
1. The judge, prosecutor or any officer of
the law after considering all
circumstances for the best interest of
the child conduct a closed-door
investigation, prosecution or trial;
2. Any record regarding a child shall be
confidential and kept under seal.
Except upon written request and order of the
court, a record shall be released only to the
following:
- Members of the court staff for
administrative use;
- The prosecuting attorney;
- Defense counsel;
- The guardian ad litem;
- Agents of investigating law enforcement
agencies and
- Other persons as determined by the
court.
Sec. 13: Confidentiality: Procedure
3. Any form of child pornography that is
part of the court records shall be
subject to a protective order that provides as
follows:
- Any form of child pornography may be
viewed only by the parties, their counsel,
their expert witness and guardian ad
litem;
- Neither form of child pornography nor
any portion thereof shall be divulged to
any other person, except as necessarv
tor investigation prosecution or trial; and
- No person shall be granted access to
any form of child pornography or any
part thereof unless he/she signs a
written affirmation that he/she has
received and read a copy of the
protection order; that he/she submits to
the jurisdiction of the court with respect
to the protective order; and that, in case
of violation thereof, he/she will be
subject to the contempt power of the
court.
Sec. 13: Confidentiality: Procedure
In cases when prosecution or trial is conducted
behind closed doors, it shall be unlawful for any
editor, publisher and reporter or columnist in
case of printed materials, announcer or producer
in case of television and radio, producer and
director of a film in case of the movie industry, or
any person utilizing the tri-media facilities or
information technology to publish or broadcast
the names of the victims of any case of child
pornography.
Sec. 16: Common Penal Provisions
1. If the offender is a parent, ascendant,
guardian, step-parent or collateral
relative within the third degree of
consanguinity or affinity or any person
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
having control or moral ascendancy
over the child, the penalty provided
herein shall be in its maximum
duration. (not applicable to Section
4(g) where the parent legal guardian or
person having custody or control of a
child knowingly permit the child to
engage, participate or assist in any form
of child pornography because this
circumstance is already included in the
definition of the said unlawful act);
2. If the offender is a juridical person, the
penalty shall be imposed upon the
owner, manager, partner, member of the
board of directors and/or any
responsible officer who participated in
the commission of the crime or shall
have knowingly permitted or failed to
prevent its commissions;
3. If the offender is a foreigner, he/she
shall be immediately deported after the
complete service of his/her sentence
and shall forever be barred from
entering the country; and
4. The penalty provided for in this Act shall
be imposed in its maximum duration if
the offender is a public officer or
employee.
Sec. 17: Confiscation & Forfeiture of the
Proceeds, Tools and Instruments Used in
Child Pornography
- The court shall order the confiscation
and forfeiture in favor of the government
of all the proceeds, tools and
instruments used in the commission of
the crime, unless they are the property
of a third person not liable for the
unlawful act.
- All awards for damages shall be taken
from the personal and separate
properties of the offender.
- If such properties are insufficient, the
deficiency shall be taken from the
confiscated and forfeited proceeds, tools
and instruments.
- All proceeds derived from the sale of
properties used for the commission of
any form of child pornography shall
accrue to the special account of the
DSWD which shall be used exclusively
for the implementation of this Act.
Sec. 17: Confiscation & Forfeiture of the
Proceeds, Tools and Instruments Used in
Child Pornography
- When the proceeds, tools and
instruments used in the commission of
the offense have been destroyed or
diminished in value or otherwise
rendered worthless by any act or
omission, directly or indirectly, of the
offender, or it has been concealed,
removed, converted or transferred to
prevent the same from being found
or to avoid forfeiture or confiscation,
the offender shall be ordered to pay
the amount equal to the value of the
proceeds, tools and instruments
used in the commission of the
offense.
Sec. 22: Child Pornography as a
Transnational Crime
- The DOJ may execute the request of a
foreign state for assistance in the
investigation or prosecution of any form
of child pornography by:
- conducting a preliminary
investigation against the
offender and, if appropriate, to
file the necessary charges in
court;
- giving information needed by
the foreign state; and
- to apply for an order of forfeiture
of any proceeds or monetary
instrument or properly located in
the Philippines used in
connection with child
pornography in the court.
Sec. 23: Extradition
- The DOJ, in consultation with the DFA,
shall endeavor to include child
pornography among extraditable
offenses in future treaties.
Sec. 27: Suppletory Application of the RPC
- The Revised Penal Code shall be
suppletorily applicable.
Concepts & Principles
- RA 9775 covers child pornography, it
does not cover adult pornography,
except in pornographic materials
involving adults pretending to be
children as this maybe encouraging,
abetting or legitimizing sexual
relationships With children.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

- RA 9775 also refers to a computer-

generated, digitally or manually crafted
images or graphics of a person who is
represented or who is made to appear
as a child (cartoon pornography).
- Hence, abuse of an actual child is not
necessary.
- In RA 9208 (Trafficking in Persons Act)
pornography refers to any person, both
child pornography and adult
pornography.
- Child pornography is immoral by nature.
RA 9775 is a mala in se despite the fact
that it is punishable under a special law.
Good faith, therefore, is a defense.
- In child pornography actual
distribution or publication of child
pornography is not essential as the
mere act of offering child pornography
consummates a violation of the Act.
- The unlawful act of Distributing Child
Pornography need not involve any
consideration or payment as in a
commercial transaction.
- Mere possession of child pornography
is a crime under the Act.
- Possession of 3 or more articles of
child pornography of the same form
shall be prima facie evidence of intent to
sell, distribute or broadcast.
- Section 27 of RA 9775 expressly
provides for the suppletory application of
the Revised Penal Code. Accordingly,
the presence of any circumstances
under Articles 13, 14 and 15 shall be
considered in the imposition of the
penalty.
- However, the aggravating
circumstances in RA 9775 are special
aggravating circumstances and are
not subject to offsetting.
- Relationship is an aggravating
circumstance in all the acts punishable
under RA 9775, except for the crime
under Section 4(g) (when a parent, legal
guardian or person having custody or
control of a child and knowingly permit
the child to engage, participate or assist
in any form of child pornography)
because in the latter crime, relationship
is inherent or is already an element of
the crime under Section 4(g).

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

Sec. 2(a): Acts that Constitute Hazing

ANTI- HAZING ACT OF 2018 1. Paddling;
RA NO. 11053, AMENDING RA NO. 8049 2. Whipping;
3. Beating;
- RA 8049 or the Anti-Hazing Law was approved 4. Branding;
on June 7, 1995. 5. Forced calisthenics;
- RA 11053 was approved on June 29, 2018 and 6. Exposure to the weather;
became effective 15 days after its publication in 7. Forced consumption of any food, liquor,
the Official Gazette or in at least two (2) beverage, drug or other substance; or
newspapers of general circulation. 8. Any other brutal treatment or forced
- RA 11053 amended Sections 1-4 of RA 8049 physical activity which is likely to
and incorporated new provisions embodied in adversely affect the physical and
Sections 5-15. psychological health of such recruit,
neophyte, applicant, or member.
Sec. 2(a): "Hazing": Traditional Concept: ❖ May consist in, but not limited to the
1. any act; foregoing.
2. that results in:
- physical suffering, harm, or injury; or - Sec. 2(a): Essential Elements of Hazing
psychological suffering, harm, or injury; or (1) a person is placed in some embarrassing or
3. inflicted on: humiliating situation or subjected to physical
- a recruit. or or psychological suffering or injury; and
- a neophyte; or (2) These acts were employed as a prerequisite
- an applicant: or for the person's admission or entry into an
- a member organization (initiation rite).
❖ in a fraternity, sorority, or organization ❖ In the crime of hazing, it is incumbent that
4. as part of an initiation rite or practice made there must be an initiation rite or practice
as a prerequisite for admission or a performed by the fraternities, sororities or
requirement for continuing membership organizations.
thereof.
Sec. 2(b): "Initiation or Initiation Rites"
Sec. 2(a): "Hazing": Expanded to Include: - Ceremonies, practices, rituals, or other
acts (including the doing of menial, silly, or
1. any activity; foolish tasks), weather formal or informal,
2. intentionally made or otherwise; that a person must perform or take part in
3. by one person alone or acting with order to be accepted into fraternity,
others; sorority, organization as a full-fledged
4. Against a recruit, neophyte, applicant, or member; or in all stages of membership in
member of fraternity/organization a fraternity, sorority, or organization as a
5. that tends to: requirement for continuing membership.
- humiliate or embarrass; or
- degrade; or Sec. 2(c): "Organization"
- abuse; or - an organized body of people which
- endanger includes, but it is not limited to:
6. by requiring the recruit to do menial, - any club, association, group,
silly, or foolish tasks. fraternity, and sorority;
❖ Thus, "hazing" need not always result in - the AFP, PNP, PMA, the PNPA,
the infliction of any suffering, harm or and other similar uniformed
injury to the recruit. service learning institutions.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Sec. 3: Prohibition on Hazing
- All forms of hazing shall be prohibited in
fraternities, sororities, and organizations
in schools, including citizens' military
training and citizens' army training.
- This prohibition shall likewise apply to all
other fraternities, sororities, and
organizations that are not school-based,
such as community-based and other
similar fraternities, sororities and
organizations.
Sec. 3: Exemption on the Prohibition on
Hazing
- The following are acts not considered as
hazing under the Act:
1. Physical and mental practices to
determine and enhance the physical,
mental, and psychological fitness of
prospective regular members of the
AFP and the PP as approved by the
Secretary of National Defense and
National Police Commission, duly
recommended by the Chief of Staff of
the AFP and Director General of the
PNP.
2. Similar procedures and practices
approved by the respective heads of
other uniformed learning institutions
as to their prospective members.
3. Any customary athletic events or other
similar contests or competitions or any
activity or conduct that furthers a legal
and legitimate objective, subject to prior
submission of a medical clearance or
certificate
❖ In no case shall hazing be made a
requirement for employment in any
business or corporation.
Sec. 4: Regulation of School-Based Initiation
Rites: Conditions
1. A written application to conduct initiation
rites:
- under oath:
- filed with the proper school authorities;
- Not later than 7 days prior to scheduled
initiation date;
2. The written application shall indicate:
- the place and date of the initiation rites.
- names of the recruits to be initiated;
- names of the incumbent officers of the
FSO or any person who will take charge
of the initiation rites:
- manner hv which thev will conduct the
initiation rites,
- an undertaking that no harm of any kind
shall be committed by anybody during
the initiation rites;
- declaration that application has been
posted initiation rites shall not last more
than 3 days:
3. Posting of the application in the official
school bulletin board, bulletin board of
the office of the FO, and at 2 other
conspicuous places in the school or
FSO's premises, onlv to be removed 3
days after the conduct of the initiation
rites:
4. The initiation rites shall not last more
than 3 days.
Sec. 4: Regulation of School-Based Initiation
Rites: Conditions
- The appropriate school authorities shall
have the obligation to disapprove the
application that do not conform with any
of the requirements.
- School officials shall have the authority
to impose after due notice and summary
hearing, disciplinary sanctions, in
accordance with the school's guidelines
and regulations on the matter, to the
head and all other officers of the FSO
which conducts an initiation without first
securing the necessary approval of the
school as required.
- All members of the FO who
participated in the unauthorized
initiation rites, even if no hazing was
conducted, shall also be punished.
Sec. 4: Regulation of School-Based Initiation
Rites: False or Inaccurate Information in the
Application to Conduct Initiation Rites
- person who prepared the application or
supplied the false and inaccurate
information and to the head and other
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
officers of the concerned FO shall be
subject to appropriate disciplinary
sanctions in accordance with the
school's guidelines and regulations on
the matter.
- Sanctions range from reprimand to
expulsion, after due notice and
summary hearing.
Sec. 5: Monitoring of Initiation Rites
- The head of the school or an authorized
representative must assign at least two
(2) representatives of the school to be
present during the initiation.
- Said representatives shall make a report
of the initiation rites to the appropriate
officials of the school regarding the
conduct of the said initiation.
- If hazing is still committed despite their
presence, no liability shall attach to
them unless it is proven that they failed
to perform an overt act to prevent or
stop the commission thereof.
Sec. 6: Registration of FSOs
- Registration of FSOs that has existing
members who are students or plans to
recruit students to be its member shall
be required before it conducts activities
whether on or off-campus, including
recruitment of members.
- Upon registration, all FSOs shall submit
a comprehensive list of members, which
shall be updated not later than 30 days
from the start of every semester or
trimester, depending on the academic
calendar of the school.
- Failure to register or update the roster of
members as required shall authorize the
school official to impose, after due
notice and summary hearings,
disciplinary penalties to the head and
other officers of the FO and will result in
the cancellation of the registration
thereof.
Sec. 7: Faculty Adviser
- Submission of the name/s of the FSO's
faculty adviser/s as well as the written
acceptance or consent of such selected
faculty adviser shall be required as a
condition to the grant of accreditation or
registration of the FSO.
- The faculty advisers shall be responsible
for monitoring the activities of the FSO.
- The faculty adviser is presumed to have
knowledge and have consented to the
commission of any of the unlawful acts,
in case of violation of any of the
provisions of this Act.
Sec. 8: Role of Educational Institutions
It shall be the duty of schools to take more
proactive steps to protect its students from the
dangers of participating in activities that involve
hazing.
Sec. 9: Registration of Community-Based &
Other SimilarFraternities, Sororities, or
Organizations
- Community-based & other similar FSOs
are required to register with the
barangay, municipality, or city wherein
they are primarily based.
- Upon registration, shall submit a
comprehensive list of members and
officers which shall be updated yearly
from the date of registration.
Sec. 11: Monitoring of Initiation Rites Of
Community-Based & All Similar Fraternities,
Sororities or Organizations
- The punong barangay of the barangay
or the municipal or city mayor of the
municipality assign at least two (2)
barangay or municipal or city officials to
be present during the initiation and
document the entire proceedings or city
where community-based FO is based
must.
- Said representatives shall make a report
of the initiation rites to the punong
barangay, or the municipal or the city
mayor regarding the conduct of the
initiation.
- If hazing is still committed despite their
presence, no liability shall be attached to
them unless it is proven that they failed
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
to perform an overt act to prevent or
stop the commission thereof.
Sec. 12: Nullity of Waiver & Consent
- Any form of approval, consent, or
agreement, whether written or
otherwise, or of an express waiver of the
right to object to the initiation rite or
proceeding which consists of hazing,
made by a recruit, shall be void and
without any binding effect on the parties.
- Hence, defense of consent or
agreement to the hazing shall not be
available to persons prosecuted under
the Act.
Sec. 14: Administrative Sanctions
- The responsible officials of the school,
the uniformed learning institutions, the
AFP or the PNP may impose the
appropriate administrative sanctions,
after due notice and summary hearing,
on the person or the persons charged
under the Act even before their
conviction in any criminal case that may
be filed against them.
Sec. 14: Persons Liable for Hazing &
Penalties
1. All persons who actually planned or
participated in the hazing.
- reclusion perpetua and a fine of PhP2
Million.
- reclusion perpetua and a fine of PhP3
Million, when death, rape, sodomy, or
mutilation results as a consequence
thereof.
2. All officers of the FSO who are actually
present during the hazing.
- reclusion perpetua and a fine of
PhP2Million.
3. The adviser who is present when the
acts constituting the hazing were
committed and failed to take action to
prevent the same from occurring or
failed to promptly report the same to the
law enforcement authorities if he can do
so without peril to their person or their
family.
- reclusion perpetua and a fine of PhP2
Million.
4. All former officers, non-resident
members, or alumni of the fraternity,
sorority, or organization who are also
present during the hazing.
- reclusion perpetua and a fine of PhP2
Million.
5. Officers or members of a FO who
knowingly cooperated in carrying out the
hazing by inducing the victim to be
present thereat.
- reclusion perpetua and a fine of PhP2
Million.
6. Members of the FSO are present during
the hazing when they are intoxicated or
under the influence of alcohol or illegal
drugs.
- reclusion perpetua and a fine of PhP2
Million.
7. Any other persons who are present in
the conduct of the hazing.
- reclusion temporal and a fine of PhP1
Million.
8. Former officers, non-resident member,
alumni of the FSO who, after the
commission of any of the prohibited acts
proscribed herein, will perform any act to
hide, conceal, or otherwise hamper or
obstruct any investigation that will be
conducted thereafter.
- reclusion temporal and a fine of PhP1
Million
9. Any person who shall intimidate,
threaten, force, or employ, or administer
any form of vexation (the persistent
and repeated proposal or invitation to a
person who had twice refused to
participate or join the proposed FSO
shall be prima facie evidence of
vexation) against another person for the
purpose of recruitment in joining or
promoting a particular FSO.
- prison correcional in its minimum period.
10. The school if the FSO filed a written
application to conduct an initiation which
was subsequently approved by the
school and hazing occurred during the
initiation rites or when no
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
representatives from the school were
present during the initiation
- fine of PhP1 Million.
11. The owner or lessee of the place where
hazing is conducted. They are liable as
principal when such owner or lessee
has actual knowledge of the hazing
conducted therein but failed to take any
action to prevent the same from
occurring or failed to promptly report the
same to the law enforcement authorities
if they can do so without peril to their
person or their family.
12. The parents of the officers or members
of the FSO when hazing is conducted in
the latter's home. They are liable as
principal when they have actual
knowledge of the hazing conducted
therein but failed to take any action to
prevent the same from occurring or
failed to promptly report the same to the
law enforcement authorities if such
parents can do so without peril to their
person or their family.
13. The school authorities including faculty
members as well as barangay,
municipal, or city officials. They are
liable as accomplice and likewise be
held administratively accountable
when the school or barangay, municipal,
or city officials allowed or consented to
the conduct of hazing, but such officials
failed to take any action to prevent the
same from occurring or failed to
promptly report to the law enforcement
authorities if the same can be done
without peril to their person or their
family.
14. The incumbent officers of the FSO; or
the president, manager, director, or
other responsible officer of businesses
or corporations engaged in hazing as a
requirement for employment. They are
jointly liable with those members or
employees who actually participated in
the hazing.
Sec. 14: Additional Liability for Offenders in
Specific Profession
❖ When said former officer, members or
alumni are members of the Philippine
Bar or belong to any other profession
subject to regulation by the PRC:
- they shall immediately undergo
disciplinary proceedings by the Supreme
Court or PRC.
- administrative penalty may be
imposed on them, e.g., suspension for a
period of not less than 3 years or
revocation of the professional license.
- suspended or revoked professional
license may be reinstated upon
submission of documents showing that
the concerned professional has become
morally fit readmission into the
profession:
- affidavits from at least three (3)
disinterested persons,
- good moral certifications from
different unaffiliated and
credible government, religious,
and socio-civic organizations,
and
- such other relevant evidence to
show
- Readmission into the profession shall
be subject to the approval of the PRC/SC.
Sec. 14: Prima Facie Evidence Of
Participation as Principal In Hazing
- Generally, mere presence at the scene
of the crime does not in itself amount to
conspiracy.
- However, under the Act, a disputable
presumption is created from the mere
presence of the offender during the
hazing that that person participated in
the commission of hazing. The person's
presence during the hazing shall be
prima facie evidence of participation
therein as a principal.
- The disputable presumption can be
defeated or the prima facie evidence
can be rebutted by proving that the accused
took steps to prevent the commission of the
hazing or promptly reported the same to the law
enforcement authorities, if reporting can be done
without peril to his/her person or family.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

civil, or criminal actions against the

Sec. 14: Effect of Any Mitigating offenders. (Dungo, supra.)
Circumstances
- Any person charged under the Act shall END
not be entitled to the mitigating
circumstances that there was no
intention to commit so grave a wrong.

Sec. 14: Derogatory Record

- Any conviction by final judgment shall
be reflected on the scholastic record,
personal, or employment record of the
person convicted, regardless of when
the judgment conviction has become
final.

Concepts & Principles

- In the crime of hazing, the crucial
ingredient distinguishing it from the
crimes against persons defined under
the PC is the infliction by a person of
physical or psychological suffering
on another in furtherance of the
latter's admission or entry into an
organization (and now, , for the
continued membership therein] (People
vs. Bayabos, et. al., G.R. No. 171222,
February 18, 2015)
- The act of hazing itself is not
inherently immoral, but the law deems
the same to be against public policy and
must be prohibited. Accordingly, the
existence of criminal intent is
immaterial in the crime of hazing.
Also, the defense of good faith
cannot be raised in its prosecution.
(Dungo iS. People, G.R. No. 209464.
July 1, 2015)
- The offended party in the crime of
hazing can seek different courses of
action. It provides that the responsible
officials of the school or of the police,
military or citizen's army training
organization, may impose the
appropriate administrative sanctions on
the person or the persons charged
under this provision even before their
conviction. Necessarily, the offended
party can file either administrative,
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
DATA PRIVACY ACT OF 2012
R.A. NO. 10173
Date of Approval and Purpose:
● Signed into law - August 15, 2012
● Through the Data Privacy Act (DPA),
the Philippines expressly adopts the
generally accepted international
principles and standards for personal
data protection.
● The Act seeks to safeguard the
fundamental human right of every
individual to privacy while ensuring free
flow of information for innovation,
growth, and national development.
● The DPA provides for the reasonable
balancing of the two seemingly
opposing interests - individual privacy
vs. national development.
Sec. 3: Important Terms
● Data subject - the individual whose
personal information is processed.
● Processing - any operation or any set
of operations performed upon personal
information (collection, recording,
organization, storage, updating or
modification, retrieval, consultation, use,
consolidation, blocking, erasure or
destruction of data).
● Personal information controller -
person or organization who controls the
collection, holding, processing or use of
personal information, including a person
or organization who instructs another
person or organization to collect, hold,
process, use, transfer or disclose
personal information on his or her
behalf.
● Personal information - any information
whether recorded in a material form or
not, from which the identity of an
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.
● Privileged information - any and all
forms of data which under the Rules of
Court and other pertinent laws constitute
privileged communication.
● Sensitive personal information -
personal information:
○ About an individual’s race,
ethnic origin, marital status, age,
color, and religious,
philosophical or political
affiliations;
○ About an individual’s health,
education, genetic or sexual life
of a person, or to any
proceeding for any offense
committed or alleged to have
been committed by such
person, the disposal of such
proceedings, or the sentence of
any court in such proceedings;
○ Issued by government agencies
peculiar to an individual (e.g.
social security numbers,
previous or current health
records, licenses or its denials,
suspension or revocation, and
tax returns); and
○ Specifically established by an
executive order or an act of
Congress to be kept classified.
Sec. 4: Scope of the DPA
● Covers the processing of all types of
personal information; and the persons
involved in the personal information
processing.
Sec. 4: Scope: Information Not Covered
● DPA is not applicable to:
○ Information relating to the
official position or functions of a
current or former government
officer or employee;
○ Information relating to the
services performed, the terms of
the contract, and the name of
the individual given in the
course of the performance of
those services of an individual
who is or was performing
service under contract for a
government institution;
○ Information relating to any
discretionary benefit of a
financial nature such as the
granting of a license or permit
given by the government to an
individual, including the name of
the individual and the exact
nature of the benefit;
○ Personal information processed
for journalistic, artistic, literary or
research purposes;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
○ Information necessary in order
to carry out the functions of
public authority;
○ Information necessary for banks
and other financial institutions
under the jurisdiction of the
independent, central monetary
authority or BSP to comply with
the Anti-Money Laundering Act
and other applicable laws; and
○ Personal information originally
collected from residents of
foreign jurisdictions in
accordance with the laws of
those foreign jurisdictions,
including any applicable data
privacy laws, which is being
processed in the Philippines.
Sec. 16: “Data Subject”
● Refers to an individual whose personal,
sensitive personal, or privileged
information is processed.
Sec. 16: Rights of the Data Subject
1. Right to be informed - the specifics
and extent of the personal data, purpose
for the collection, information of the
recipient, scope and method of
processing, the identity of the PIC, the
rights available to the subject data.
2. Right to object or withhold consent -
unless personal data is needed
pursuant to a subpoena; or when
necessary under conditions provided by
the Act.
3. Right to Access - contents, sources,
recipients of his personal data; manner
of processing; reasons for the disclosure
to recipients; date when last accessed
or modified; and information relating to
the PIC.
4. Right to rectification - to dispute
accuracy or error in personal data and
have the same corrected by the PIC.
5. Right to Erasure or Blocking -
blocking, removal or destruction of
his/her personal data from the PIC’s
filing system upon proof that data is
incomplete, outdated, false or obtained
unlawfully, unauthorized use or purpose,
purpose is no longer necessary,
information is prejudicial to the data
subject unless otherwise justified,
unlawful processing or in violation of
data subject’s rights.
6. Right to Damages - compensation of
any damages sustained for the
unauthorized, false, inaccurate personal
data.
7. Rights to Data Portability - where
personal data is processed through
electronic means, that the data subject
shall have the right to obtain from the
PIC a copy of such data in an electronic
or structured format.
Sec. 17: Transmissibility of Data Subject’s
Rights
● The Data Subject’s lawful heirs and
assigns may invoke the rights of the
data subject at any time after the death
or incapacity of the latter.
Sec. 11: Processing of Personal Information
Allowed: Subject to Compliance with
Requirements: Data Privacy Principles
● The processing of personal information
shall be allowed, subject to:
○ compliance with the
requirements of the DPA and
other laws allowing disclosure of
information to the public; and
○ adherence to the principles of:
■ transparency;
■ legitimate purpose;
and
■ proportionality.
Sec. 11: Processing of Personal Information:
Data Privacy Principles: Transparency:
● The data subject must be aware of the
nature, purpose, and extent of the
processing of his/her personal data,
including the risks and safeguards
involved, the identity of personal
information controller, his/her rights as a
data subject, and how these can be
exercised.
● As to form, the information and
communication relating to the
processing of personal data should be
easy to access and understand, using
clear and plain language.
Sec. 11: Processing of Personal Information:
Data Privacy Principles: Legitimate Purpose:
● The processing of information shall be
compatible with a declared and specified
purpose which must not be contrary to
alw, morals, or public policy.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Sec. 11: Processing of Personal Information:
Data Privacy Principles: Proportionality:
● The processing of information shall be
adequate, relevant, suitable, necessary,
and not excessive in relation to a
declared and specified purpose.
Personal data shall be processed only if
the purpose of the processing could not
reasonably be fulfilled y other means.
Sec. 11: Processing of Personal Information:
Prohibited: Exceptions:
1. The data subject has given consent,
specific to the purpose prior to the
processing, or in the case of privileged
information, all parties to the exchange
have given their consent prior to
processing;
2. The processing is provided for by
existing laws and regulations;
3. The processing is necessary to protect
the life and health of the data subject
or another person, and the data subject
is not legally or physically able to
express his/her consent prior to the
processing;
4. The processing is necessary to achieve
the lawful and noncommercial objectives
of public organizations and their
associations, and is only confined and
related to the bona fide members of
these organizations or their
associations, the sensitive personal
information are not transferred to third
parties, and that consent of the data
subject was obtained prior to
processing;
5. The processing is necessary for
purposes of medical treatment, is
carried out by a medical practitioner or a
medical treatment institution, and an
adequate level of protection of personal
information is ensured; or
6. The processing concerns such personal
information as is necessary for the
protection of lawful rights and
interests of nature or legal persons in
court proceedings, or the establishment,
exercise or defense of legal claims, or
when provided to government or public
authority.
Sec. 11: Processing of Information: General
Principles
● Processing of Information - any
operation or any set of operations
performed upon personal information
including, but not limited to, the
collection, recording, organization,
storage, updating or modification,
retrieval, consultation, use,
consolidation, blocking, erasure or
destruction of data.
● The processing of personal data shall
adhere to the prescribed general
principles in the:
○ collection,
○ processing, and
○ retention of personal data.
Sec. 11: Processing of Information: General
Principles: In Data Collection
● Collection must be declared, specified,
and legitimate purpose determined and
declared before, or as soon as
reasonably practicable, after collection;
and the data collected must be that
which is only necessary and compatible
with declared, specified, and legitimate
purpose;
● Subject to specific exemptions,
collection must be with prior consent of
the subject data.
● The consent is time-bound in relation to
the declared, specified and legitimate
purpose. The consent may be
withdrawn.
Sec. 11: Processing of Information: General
Principles: In Processing Data
● Must be done fairly and lawfully and in
a manner compatible with the declared
purpose while ensuring that appropriate
privacy and security safeguards are
undertaken.
● Must be consistent with the rights of
the data subject, i.e., the right to
refuse, withdraw consent, or object to
the processing of personal data.
● Must be transparent. The data subject
must be specifically informed of the
nature and extent of the processing and
such information must be communicated
in clear and plain language to be easily
understood.
● Ensure data quality. The personal data
should be accurate and kept up to date.
In case of inaccuracy or
incompleteness, the data must be
rectified, supplemented, destroyed or
their further processing restricted.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

Sec. 11: Processing of Information: General 1. If data sharing is for commercial

Principles: In Data Retention purposes - it must be covered by a data
● Personal data shall be retained only for sharing agreement which shall set forth
as long as necessary - the safeguards for data privacy and
○ for the fulfillment of and relevant security, and uphold rights of data
to the termination of the subjects and shall be subject to review
purpose; by the National Privacy Commission
○ for the establishment, exercise, (NPC), on its own initiative or upon
or defense of legal claims; complaint of data subject;
○ for legitimate business purposes 2. Before the data collection or sharing, the
as may be regulated by data subject shall be provided with
appropriate government agency. specific information like the identity of
● Retention of personal data shall be the PIC or PIP; the purpose; the
allowed in cased provided by law. categories of personal data to be
collected or shared; the intended
Discarding of Personal Data recipients; the specific rights available to
● After the purpose for the processing and the subject data (right to access,
retention of personal data shall have correction and to object); and such other
been served, personal data shall be information that would sufficiently notify
disposed or discarded in a secure the data subject of the nature and extent
manner that would prevent further of data sharing and the manner of
processing, unauthorized access, or processing.
disclosure to any other party or the
public, or prejudice the interest of the Data Sharing Between Government Agencies
data subjects. ● Must also be covered by a Data Sharing
● Except when further processing is Agreement which is subject to review by
allowed for historical, statistical, or the NPC.
scientific purposes; or as may be
allowed by law; or when data does not Processing: Personal Information vs.
permit for the identification of a data Sensitive & Privileged Information
subject. ● Processing of Personal Information:
● Personal data shall not be retained in ○ Permitted only if:
perpetuity in contemplation of a possible ■ not otherwise prohibited
future use yet to be determined. by law,
■ when at least one the
General Principles for Data Sharing: conditions exists:
● In case where further processing of ● consent of the
personal data is allowed after the data subject;
purpose of its processing have been ● data subject is
terminated, or when expressly allowed a party to a
by law, the general principles of contractual
transparency, legitimate purpose and obligation with
proportionality must still be complied the government
with. and data
processing is
Regulation of Data Sharing in the Private necessary for
Sector the fulfillment of
● Data Sharing is allowed in the private the obligation;
sector if: ● data processing
○ the data subject consents to is necessary to
data sharing; and comply with a
○ specific conditions are legal obligation
complied with. of the PIC; or
● when
Conditions for Data Sharing in Private Sector necessary to
protect vitally
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
important
interests, life or
health, of the
data subject.
● Processing of Sensitive Personal &
Privileged Information:
○ Prohibited, except:
■ consent freely given by
the data subject;
■ allowed by existing laws
and regulations even
without the consent of
the data subject;
■ necessary to achieve
non-commercial
purpose and such is not
transferred to a third
party.
Sec. 5: Protection Afforded to Journalists &
Their Sources
● This Act is subject to the provisions of
R.A. No. 53, which affords the
publishers, editors or duly accredited
reporters protection from being
compelled to reveal the source of any
news report or information which was
related in any confidence to such
publisher, editor, or reporter.
Who May Invoke the Principle of Privilege
Communication
1. The Data Subject; and
2. The Personal Information Controllers
(PIC) for the privileged communications
that they control or process.
Effect of Use of Privilege Communication
● General Rule: any evidence gathered
from privileged information
inadmissible.
● Exception:
○ where the privileged
communication itself is the
subject of a breach;
○ where disclosure, to an extent,
necessary for the purpose of
investigation, without including
the contents thereof in the
records.
Sec. 6: Extraterritorial Application
● The DPA applies even if the information
refers to an act done or practice
engaged in outside the Philippines if:
○ it relates to personal information
about a Philippine citizen or a
resident; or
○ the entity has a link with the
Philippines; or
○ the entity is processing personal
information in the Philippines or
○ even if the processing is made
outside the Philippines, if it is
about Philippine citizens or
residents; or
○ the entity has other links in the
Philippines.
Penalties
● The penalties for violation of the ACT
depends on whether the subject
information is a Personal Information or
a Sensitive Personal Information.
● The graver penalty in the scale of
penalties provided is imposed if the
breach pertains to Sensitive Personal
Information.
Large Scale of Breach of Personal Data
Privacy
● When privacy of personal data of at
least 100 persons was breached.
● The maximum penalty in the
corresponding scale of penalties
provided for the preceding offenses shall
be imposed.
The National Privacy Commission (NPC)
● An independent body mandated to
administer and implement the Act, and
to monitor and ensure compliance of the
country with international standards set
for personal data protection.
is ● Has the authority to adjudicate on
complaints and investigations on
matters affecting personal data;
summon witnesses; require production
of evidence; may impose
administrative sanctions, fines, or
penalties; may award indemnity,
damages or order restitution; may issue
a CDO, may recommend to the DOJ the
prosecution of crimes and imposition of
penalties.
● It is attached to the Department of
Information and Communications
Technology.
● The Privacy Commissioner shall enjoy
the benefits, privileges, and emoluments
equivalent to the rank of Secretary.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

● Thus, NPC’s final judgement, orders or

resolutions may be appealed to the
Court of Appeals pursuant to Rule 43 of
the Rules of Court.

Writ of Habeas Data - A.M. No. 08-1-16-SC,

Jan. 22, 2008
● The writ of habeas data is a remedy
available to any person whose right to
privacy in life liberty or security is
violated or threatened by an unlawful act
or omission of a public official or
employee, or of a private individual or
entity engaged in the gathering,
collecting or storing of data or
information regarding the person, family,
home and correspondence of the
aggrieved party.

Reliefs with the Issuance of the Writ

● Aside from enjoining the act threatening
his life, liberty or security, the reliefs that
may also be granted include the
updating, rectification, suppression or
destruction of the database or
information or files kept by the
respondent.
● A judicial relief available to the data
subject in case of violation or threat of
violation of his right to the privacy of his
personal data by a government official
or employee or by a PIC and such
breach affects his right to life, liberty and
security (right to property or good
reputation not included).
● This is filed before the proper courts.
● Proceedings with NPC - administrative
remedy.

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
THE NEW ANTI-CARNAPPING ACT OF 2016
R.A. NO. 6539, AS AMENDED BY R.A. NO. 10833
Date of Approval
᫅ RA 6539 was enacted into law on
August 26, 1972.
᫅ RA 7659 which was approved on
December 19, 1993 amended RA 6539.
Carnapping was then classified as a
heinous crime.
᫅ RA 10883 or the prevailing New Anti-
Carnapping Act of 2016 was approved
on July 17. 2016
Unlawful Acts
1. Carnapping (Section 3);
2. Concealment of Carnapping (Section 4);
3. Defacing or tampering with serial
numbers of motor vehicle engines,
engine blocks and chassis (Sec. 14);
4. Identity transfer (Section 15);
5. Transfer of vehicle plate (Section 16);
and
6. Sale of second-hand spare parts
(Section 17)
Section 3: "Carnapping": Elements: "Motor
Vehicle"
❖ Motor Vehicle - Any vehicle propelled
by any power other than muscular
power using the public highways.
Sec. 3: Not Considered As "Motor Vehicle"
For Purposes Of The Application Of The
Provisions Of RA 10883:
1. road rollers, trolley cars, street
sweepers, sprinklers, lawnmowers,
bulldozers, graders, forklifts, amphibian
trucks, and cranes if not used on public
highways;
2. vehicles which run only on rails or
tracks: and
3. tractors, trailers and traction engines of
all kinds used exclusively for agricultural
purposes.
Section 3: "Carnapping": Elements:
᫅ Carnapping:
1. the taking of motor vehicle
belonging to another;
2. with intent to gain;
3. without the latter's consent; or
by means of violence against or
intimidation of persons, or by
using force upon things.
᫅ It refers specifically to the taking of a
motor vehicle, it does not cover the
taking of cash or personal property
taken from the motor vehicle.
Section 3: Carnapping: Elements: Unlawful
Taking
᫅ Taking of a vehicle without the consent
of the owner, or by means of violence
against or intimidation of persons, or by
using force upon things;
᫅ Unlawful taking is deemed complete
from the moment the offender gains
possession of the thing, even if he has
no opportunity to dispose of the same.
Section 3: Carnapping: Elements: Unlawful
Taking: Disputable Presumption:
᫅ Section 3(J). Rule 131 of the Rules of
Court creates a disputable
presumption that when a person is
found in possession of a thing taken in
the doing of a recent wrongful act, he is
presumed to be the taker and the doer
of the whole act.
᫅ Thus, a person in possession of a stolen
article is presumed to have illegally and
unlawfully taken the same unless he
can satisfactorily explain his possession
of the thing.
᫅ In the absence of an explanation on how
one has come into the possession of
stolen effects belonging to a person
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
shot, wounded and treacherously killed,
he must necessarily be considered the
author of the aggression, the death of
the person, as well as the robbery
committed.
Section 3: Carnapping: Unlawful Taking vs.
Robbery or Theft under the RPC
᫅ Carnapping is different from the crimes
of robbery and theft under the Revised
Penal Code.
᫅ The two (2) crimes, however, share a
common object of penalizing the
unlawful taking of personal property
belonging to another without the latter's
consent.
᫅ This common characteristic allows for
the application of rules and
jurisprudence pertaining to offense of
theft and robbery under the RPC to the
crime of carnapping under R.A. 10883.
Section 3: Carnapping: Unlawful Taking vs.
Robbery or Theft under the RPC
᫅ In crimes of unlawful taking of property
through intimidation or violence, it is not
necessary that the person unlawfully
divested of the personal property be the
owner thereof. What is simply
required is that the property taken
does not belong to the offender.
᫅ Under Article 310 of the Revised Penal
Code, the crime of theft is qualified if the
property stolen is a motor vehicle.
Section 3: Carnapping: Unlawful Taking vs.
Robbery or Theft under the RPC
᫅ The RPC has not provided a definition
of the term "motor vehicle". Hence, the
term should be understood in its
ordinary sense. Motor vehicle has been
defined as including all vehicles
propelled by power other than muscular
power.
᫅ Road rollers, trolley cars, street
sweepers, sprinklers, lawnmowers,
bulldozers, graders, forklifts, amphibian
trucks, and cranes if not used on
public highways, vehicles, which run
only on rails or tracks, and tractors,
trailers and traction engines of all kinds
used exclusively for agricultural
purposes are not motor vehicles
within the meaning of RA No. 10883.
᫅ However, these vehicles are considered
as motor vehicles within the
contemplation of Article 310 of the RPC.
᫅ Hence, unlawful taking of these vehicles
without consent of the owner constitutes
the crime of Qualified Theft under Article
310.
Section 3: Carnapping: Elements: Intent to
Gain
᫅ Intent to gain, or animus lucrandi, as
an element of the crime of carnapping,
is an internal act which is proved only
upon consideration of the acts of the
offender which tends to reflect such
intent.
᫅ Hence, the law creates a presumption
of intent to gain from the unlawful
taking of a vehicle. Proof of actual gain
is not required as the important
consideration is the intent to gain.
᫅ The term "gain" is not merely limited to
pecuniary benefit but also includes the
benefit which in any other sense may be
derived or expected from the act which
is performed.
᫅ Thus, the mere use of the thing which
was taken without the owner's
consent constitutes gain.
Penalties
❖ The penalty for carnapping depends on
the circumstances present in its
commission:
■ Without violence against or
intimidation of persons or force
upon things - imprisonment of
not less than 20 years and 1
day but not more than 30 years;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
■ With violence against or
intimidation of persons or force
upon things - imprisonment for
not less than 30 years and 1
day but not more than 40 years.
The accused is also denied bail
when evidence of guilt is strong.
■ When the owner, driver, or
occupant of the carnapped
vehicle is killed or raped in the
commission of the carnapping -
Life imprisonment. The accused
is also denied bail when
evidence of guilt is strong.
■ When carnapping is committed
by criminal groups, gangs or
syndicates, bail is also denied
when evidence of guilt is strong.
Penalties
᫅ The prosecution must prove not only
that the essential requisites of
carnapping are present; but also that it
was the original criminal design of the
culprit, and that the killing was
perpetrated "in the commission of the
carnapping”.
᫅ The use of the words "is killed"
explicitly provides that the law made no
distinction between homicide and
murder. Whether it is one or the other
which was perpetrated "in the
commission of the carnapping", makes
no difference in so far as the penalty is
concerned.
᫅ RA 10883 has not adopted the penalties
provided for under the Revised Penal
Code. Hence, the provisions of the
Code prescribing rules in the imposition
of penalties cannot be applied
suppletorily to RA10883.
Section 4: Concealment of Carnapping:
Persons Liable
1. Any natural person;
2. If the violator is a juridical person, the
penalty shall be imposed on its:
■ President;
■ Secretary;
■ Members of the Board of
Directors;
■ Any officers and employees who
may have directly participated in
the violation.
Section 4: Concealment of Carnapping:
Penalty
᫅ Imprisonment of 6 years up to 12 years;
and
᫅ Fine equal to the amount of the
acquisition cost of the motor vehicle,
motor engine, or any other part of the
vehicle involved in the violation.
᫅ If the violator is a public officer or
employee who directly commits
concealment of carnapping; or is guilty
of gross negligence of duty; or connives
with or permits the commission of
concealment of carnapping, in addition
to the penalty of imprisonment and fine
as prescribed, shall also be meted out
with the penalty of:
■ Dismissal from service; and
■ Forfeiture of benefits; and
■ Permanent disqualification from
holding public office.
Section 14 - Defacing or tampering with a
serial number
᫅ Refers to the altering, changing, erasing,
replacing or scratching of the original
factory inscribed serial number on the
motor vehicle engine, engine block or
chassis of any motor vehicle.
᫅ Whenever any motor vehicle is found to
have a serial number on its engine,
engine block or chassis which is
different from that which is listed in the
records of the Bureau of Customs for
motor vehicle imported into the
Philippines, that motor vehicle shall be
considered to have a defaced or
tampered serial number.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

Section 15: Identity Transfer

Section 17: Sale of Second Hand Spare Parts
᫅ Identity transfer refers to the act of
transferring the engine number, ᫅ The act of buying and/or selling any
chassis number, body tag number, plate second hand spare parts taken from a
number, and any other identifying carnapped vehicle by any person, office
marks of a motor vehicle declared as or entity.
"total wreck" or is beyond economic ᫅ Second hand spare parts refer to the
repair by concerned car insurance parts taken from a carnapped vehicle
companies and/or law enforcement used in assembling another vehicle.
agencies after its involvement in a
vehicular accident or other incident and END
registers the same into another factory-
made body or vehicle unit, of the same
classification, type, make or model.

Section 15: Identity Transfer

᫅ It shall be unlawful for any person, office

or entity to cause and/or allow the sale,
registration, and/or transfer into
another name, the chassis number,
engine number and plate number of a
motor vehicle declared as "total wreck"
or beyond economic repair by
concerned insurance company, and/or
law enforcement agencies, due to its
involvement in a vehicular accident or
for some other causes.
᫅ The LTO shall cancel the registration of
total wreck vehicle as reported by the
PNP and/or as declared by the
Insurance Commission.

Section 16: Transfer of Vehicle Plate

᫅ The transfer or use of a vehicle plate

from one vehicle to another without
securing the proper authority from the
LTO.
᫅ Unlawful transfer or use of vehicle
plates refers to the use or transfer of a
vehicle plate issued by the LTO to a
certain vehicle to another vehicle.
᫅ It is presumed illegally transferred when
the motor vehicle plate does not
correspond with that as appearing in the
certificate of registration of the motor
vehicle to which it was issued.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

ANTI-FENCING LAW ✔ Conceal: or

P.D. NO. 1612 ✔ sell or dispose of; or shall buy
and sell;
Date of Approval ✔ in any other manner deal in

᫅ PD No. 1612 took effect on March 2,
1979.
᫅ The Implementing Rules and
Regulations of the Anti-Fencing Law
took effect on June 15, 1979.
Purpose For The Enactment
᫅ Note that prior to PD 1612, those who
profit by the effects of the crimes of
robbery and theft, are accessory after
the fact in the crime of robbery or theft
under the RPC.
᫅ The purpose of PD 1612 is to impose
heavy penalties on persons who profit
by the effects of robbery and theft by
making them a principal in fencing.
Sec. 2(b): "Fence"
᫅ Includes any person, firm, association,
corporation or partnership or other
organization who/which commits the act
of fencing.
᫅ Those engaged in buy and sell of any
goods or items obtained from
unlicensed dealer/supplier without
securing the required permit from the
Chief/Director General of the PNP
(pursuant to Section 6)
᫅ If the Fence is a juridical person, the
president, manager and any officers
who knows or should have known the
commission of fencing shall be
criminally liable. (Section 4)
❖ any article, item, object or anything
of value:
❖ which he knows, or should be known
to him, to have been derived from the
proceeds of the crime of robbery or
theft:
✔ He knows: or
✔ He should have known
❖ with intent to gain for himself or for
another:
Sec. 2(a): Act of Fencing: Essential Elements
1. a crime of robbery or theft has been
committed;
2. the accused is not a principal or an
accomplice in the commission of the
crime of robbery or theft
3. the accused deals in any manner any
article, item, object or anything of value,
which has been derived from the
proceeds of the crime of robbery or
theft;
4. the accused knew or should have known
that the said article, item, object or
anything of value has been derived from
the proceeds of the crime of robbery or
theft; and
5. there is, on the part of one accused,
intent to gain for oneself or for another.
Sec. 2(a): Fencing: 1st Element: the Crime of
Robbery/Theft Has Been Committed:

Sec. 2(a): Act of "Fencing" ❖ The crime committed must be theft or

robbery.
❖ the act of dealing in: ❖ If the crime committed is other than theft
✔ Buy; or or robbery, the offender is merely an
✔ Receive: Or accessory to that crime, i.e., estafa and
✔ Possess: or malversation.
✔ Keep; or ❖ However, there are crimes which are
✔ Acquire; or in the nature of theft or robbery but
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
are governed by special law, and those
who profit from the proceeds of such
violation are, nonetheless liable for
fencing, viz:
✔ RA 6539, as amended by RA
10833 (Anti-Carnapping Act);
and
✔ RA 8484 (Access Devices
Regulation Act), by express
provision of Section 13 thereof -
any person considered as an
accessory to an access device
fraud shall be prosecuted under
the Anti-Fencing Law if the
penalty prescribed for the latter
crime would impose a longer
prison term than the penalty for
the consummated offense under
RA 8484.
Sec. 2(a): Fencing: 1st Element : the Crime of
Robbery/Theft Has Been Committed:
❖ Query:
Is it necessary that there should first be
a complaint for robbery or theft for the taking of
the property before the person dealing in such
property be made liable for fencing?
Sec. 2(a): Fencing: 1" Element: the Crime of
Robbery/Theft Has Been Committed:
❖ Answer: NO
᫅ Tan vs. People, G.R. No. 134298,
August 26, 1999
✔ In this case, complainant Lim
did not report any theft of boat
spare parts from the warehouse.
Accused Tan was convicted by
the RTC for violation of PD
1612. Ca affirmed the
conviction. SC reversed CA and
acquitted Tan of the charge of
violation of PD 1612.
✔ The SC, in acquitting the
accused, pointed out that Lim
never reported the theft or even
the loss of the items to the
police. The SC declared that
since Lim reported no loss, it
cannot hold for certain that a
crime of theft was committed.
Sec. 2(a): Fencing: 1st Element: the Crime of
Robbery/Theft Has Been Committed:
᫅ Tan vs. People, G.R. No. 134298,
August 26, 1999
✔ A closer look at SC's rejection of
the proposition that the
existence of the first element of
fencing - that theft had been
committed - had been proved
beyond reasonable doubt was
based not on the fact that the
complainant did not report the
theft to the police, but that the
extra-judicial confession of
Mendez admitting to the
commission of theft is
inadmissible in evidence as it
was adduced without the
assistance of counsel. The
extra-judicial confession was the
only evidence relied on to
establish the existence of the
first element.
✔ Moreover, the SC found that the
extra-judicial confession is
insufficient to establish the
commission of theft because the
evidence of the corpus delicti of
theft have not been established,
namely: (1) that the property
was lost by the owner; and (2)
that it was lost by felonious
taking.
N.B.: slides 10 and 11 contain the same text as
shown above this note
Sec. 2(a): Fencing: 1st Element: the Crime of
Robbery/Theft Has Been Committed:
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
᫅ Tan vs. People, G.R. No. 134298,
August 26, 1999:
᫅ Wisdom from the case: The taking of
the property by robbery/theft must be
proved beyond reasonable doubt.
✔ The reporting, filing of a
complaint, or conviction of the
principal in the crime of theft or
robbery is not necessary for the
satisfaction of the first element
of fencing.
✔ The non-reporting or non-filing
of a complaint, at most, merely
creates doubt as to the
commission of theft or robbery.
This doubt eradicated with the
presentation of evidence
showing the actual commission
of the theft/robbery.
✔ Contrariwise, the reporting or
filing of a complaint do not, by
itself, prove the commission of
theft/robbery.
Sec. 2(a): Fencing: 1st Element: the Crime of
Robbery/Theft Has Been Committed:
᫅ Lim vs. People, G.R. No. 211977,
October 12, 2016:
✔ Accused was found in
possession of a heavy
equipment (Grader) alleged to
be owned by Second Rural
Road Improvement Project
(SRRIP) PMO-DPWH of Isulan.
Sultan Kudarat and claimed to
have been stolen while being
lodged for repair. Accused
claimed that he bought the
equipment from a certain
Banosing who showed him a
Certificate of Ownership over
the equipment.
✔ The RTC convicted accused
Lim for fencing. The CA affirmed
the conviction. The SC,
however, reversed the CA.
Sec. 2(a): Fencing: 1st Element: the Crime of
Robbery/Theft Has Been Committed:
᫅ Lim vs. People, G.R. No. 211977,
October 12, 2016:
✔ The SC ruled that the
prosecution failed to establish
the first element of fencing (that
theft had been committed)
because not all the element of
theft had been established.
Specifically the element that the
property alleged to have been
taken belongs to another.
✔ In this case, proof of ownership
by DPWH have not been
established by competent
evidence. On the contrary the
accused was able to produce
evidence - Certificate of
Ownership - from Banosing, the
person where he bought the
equipment from.
᫅ Wisdom from the case: All the
elements of theft/robbery must also be
proved beyond reasonable doubt. The
act of taking alone is not sufficient to
prove the commission of theft/robbery.
Sec. 2(a): Fencing: 2nd Element: Accused did
not Participate as Principal or Accomplice in
the Crime of Theft/Robbery
᫅ The accused in fencing must not have
any participation in or was involved in
the commission of the crime of robbery
or theft.
᫅ Otherwise, the accused is liable either
as principal or as accomplicein the theft
or robbery under the RPC.
Sec. 2(a): Fencing: 2nd Element: Accused did
not Participate as Principal or Accomplice in
the Crime of Theft/Robbery
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
᫅ Cahulogan vs. People, G.R. No.
225695, March 21, 2018:
᫅ Note: Incongruence of penalties:
Fence punished more severely than the
principal in Theft or Robbery because of
adjustments brought by RA 10951:
Legislative adjustment on penalties for
fence, required.
✔ PD 1612 was intended to
provide harsher penalties to
those who would acquire
properties which are proceeds
of the crimes of Robbery or
Theft, who prior to the
enactment of said law, were
punished merely as accessories
after the fact of the said crimes.
✔ while a Fence may be
prosecuted either as an
accessory of Robbery/Theft or a
principal for Fencing, there is a
preference for the prosecution
of the latter as it provides for
harsher penalties
Sec. 2(a): Fencing: 2nd Element: Accused did
not Participate as Principal or Accomplice in
the Crime of Theft/Robbery
᫅ Cahulogan vs. People, G.R. No.
225695, Mar. 21, 2018: Incongruence of
penalties:
✔ The penalty for fencing under PD 1612
and the penalty for theft/robbery under
the RPC are largely dependent on the
value of the properties subject of the
taking.
✔ However, with the enactment of RA No.
10951 which adjusted the values of the
property and damage on which various
penalties are based, taking into
consideration the present value of
money, as opposed to its archaic values
when the RPC was enacted in 1932, the
graduation of values in Article 309 was
substantially amended, without any
concomitant adjustment for PD 1612.
✔ This development would then result in
instances where a Fence, which is
theoretically a mere accessory to the
crime of Robbery/Theft, will be punished
more severely than the principal of such
latter crimes. This incongruence in
penalties therefore, impels an
adjustment of penalties.
Sec. 2(a): Fencing: 4th Element: Accused
Knew or Should Have Known, Item is
Derived from the Proceeds of Theft/Robbery:
᫅ This element requires a degree of
malice on the part of the Fence.
᫅ The requirement of malice makes
fencing a crime involving moral
turpitude.
᫅ A person is liable for fencing if:
✔ he/she knows; or
✔ he/she should have known
... that he/she is dealing with
items which are derived from
the proceeds of the crime of
robbery or theft.
Sec. 2(a): Fencing: 4th Element: 2 Modes of
Committing Fencing:
1. if the offender had knowledge that the
items he/she is dealing with are stolen
items (actual knowledge); or
2. the offender, under the circumstances,
should have known that said items are
stolen (reasonable expectation).
❖ The modes are distinct from each other.
❖ Accordingly, in a case, accused's
constitutional right to be informed of the
nature and cause of the accusations
against him was declared to have been
violated when he was convicted on the
ground that he should have known that
the item was stolen, while the
Information charges him of knowing that
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
the object was stolen. (Lim vs People,
G.R. No. 211977, October 12, 2016)
Sec. 2(a): Fencing: 4 Element: 2 Modes of
th
Committing Fencing: Knowledge:
❖ Knowledge: Actual
✔ It is the mental awareness about a fact.
✔ One is deemed to know a particular fact
if he has the cognizance, consciousness
or awareness thereof, or is aware of the
existence of something, or has the
acquaintance with facts, or if he has
something within the mind's grasp
with certitude and clarity.
✔ When knowledge of the existence of a
particular fact is an element of an
offense, such knowledge is established
if a person is aware of a high probability
of its existence unless he actually
believes that it does not exist. (Tan vs.
People, supra)
Sec. 2(a): Fencing: 4th Element: 2 Modes of
Committing Fencing: Knowledge:
❖ Knowledge: Reasonable Expectation:
"Should Know"
✔ It denotes the fact that a person of
reasonable prudence and intelligence
would ascertain the fact in the
performance of his duty to another or
would govern his conduct upon
assumption that such fact exists. (Ong
vs. People, G.R. No. 77368. October 5.
1993)
Sec. 5: Presumption of Fencing:
᫅ Mere possession of stolen property is
prima facie evidence of fencing.
᫅ For this presumption to apply, it is still
incumbent to show that the crime of
theft or robbery has been committed.
᫅ Possession creates the presumption
that the possessor has knowledge that
the items in his possession were the
proceeds of theft or robbery.
᫅ Possession must not only be actual or
manual control but that the offender
exercises the power and dominion over
the property.
Sec. 5: Presumption of Fencing: Basis
❖ By natural and logical inference:
✔ Circumstances normally exist to
forewarn a reasonably vigilant buyer that
the object of the sale may have been
derived from the proceeds of robbery or
theft.
✔ Such circumstances as would caution
the buyer, like:
■ time and place of the sale, both
of which may not be in accord
with the usual practices of
commerce;
■ nature and condition of the
goods sold; and
■ the fact that the seller is not
regularly engaged in the
business of selling goods,
suggesting the illegality of their
source,
✔ The natural and logical inference
derived from these circumstances
justifies the presumption found in
Section 5 of P.D. No. 1612
Sec. 5: Presumption of Fencing: Basis
By nature of the crime:
᫅ Fencing is malum prohibitum.
᫅ The mere act of having in one's
possession any good, article, item,
object or anything of value which has
been the subject of robbery or theft
constitutes fencing.
᫅ Proof of the existence of the 1 st
(existence of the crime of theft or
robbery) and 2nd (dealing with stolen
items) elements give rise to the
presumption that the 3rd (knowledge that
the thing stolen is the proceeds of the
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
crime of robbery or theft) and 4th (gain)
elements are also present. (Francisco
vs. People, G.R. No. 146584, July 12,
2004)
Sec. 5: Presumption of Fencing: Overcoming
the Presumption
❖ Case law has provided several
instances when the presumption of
fencing has been defeated, to wit:
1. There is proof that the offender is the
owner of the property subject of the theft
or robbery; and
2. There is proof of a legitimate
transaction: (required in Section 6)
✔ proof of purchase from a
licensed dealer of second-hand
items; and
✔ proof of permit to sell second-
hand item to the public.
Sec. 2(a): Fencing: 5th Element: Intent to Gain
for Oneself or for Another
᫅ Concealing the property stolen without
intent to gain but only to prevent
discovery is not fencing.
᫅ Intent to gain is presumed from the
commission of the unlawful act of
dealing with the stolen property.
᫅ Intent to gain" or animus furandi is a
mental state which can be inferred from
the external demeanor of the accused.
᫅ Animus furandi is presumed by mere
possession of a stolen item
Sec. 6: Clearance or Permit to Sell Used
Second Hand Articles: When Required
1. When the person, store, establishment
or entity is in the business of buying and
selling of any goods, articles, items,
object, or anything of value;
2. When such thing of value was obtained
by said person from an unlicensed
dealer or supplier thereof; and
3. When such thing of value is to be
offered by the said person for sale to the
public. (Lim vs. People, G.R. No.
211977, October 12, 2016)
Venue & Jurisdiction
᫅ The crime of fencing is not a
continuing offense.
᫅ Thus, the criminal case for fencing must
be filed with the court which has
jurisdiction of the place where the
property unlawfully taken is found to
be later acquired, and not in the places
where the theft or robbery was
committed.
᫅ The place where the robbery or theft
occurs is inconsequential.
Concepts & Principles
❖ Fencing is a malum prohibitum, and PD
1612 creates a prima facie presumption
of fencing from evidence of possession
by the accused of any good, article,
item, object or anything of value, which
has been the subject of robbery or theft.
❖ The presentation of the stolen
property subject of the charge is not
indispensable to prove fencing. It is
merely corroborative of the testimonies
and other evidence adduced by the
prosecution to prove the crime of
fencing. (Cahulogan vs. People, G.R.
No. 225695, March 21, 2018)
(Francisco vs. People. supra).
❖ While the crime of fencing is defined and
penalized by a special penal law, the
penalties provided therein are taken
from the penalties in the RPC; if the
special penal law adopts the
nomenclature of the penalties under the
RPC, the ascertainment of the
indeterminate sentence will be based on
the rules applied for those crimes
punishable under the RPC.
Concepts & Principles
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque

❖ The penalties for fencing are penalties

in the RPC, thus, the accessory
penalties pertaining thereto provided in
the RPC shall also be imposed.
❖ Accordingly, a fence can be made to
pay civil indemnity under Article 104 of
the RPC.
❖ Fencing and robbery and theft are
distinct offenses.
❖ The State may thus choose to prosecute
the accused either under the Revised
Penal Code or P.D. No. 1612, although
the preference for the latter would seem
inevitable considering that fencing is
malum prohibitum, and P.D. No. 1612
creates a presumption of fencing and
prescribes a higher penalty based on
the value of the property. (Lim vs. CA,
G.R. No. 100311, May 18, 1993)
(People vs. De Guzman. G.R No.
77368. October 5. 1993) (Tan vs.
Peoole G.R No. 134298. August 26
1999)

Concepts & Principles

❖ The penalty for fencing depends on the

value of the property stolen. The value
of the property must be established. In
the absence of evidence therefor, the
minimum penalty shall be imposed.
❖ In the absence of direct evidence that
the accused had knowledge that the
jewelry was stolen, the prosecution is
burdened to prove facts and
circumstances from which to conclude
that the accused should have known
that the property sold to him was stolen.
❖ This requirement serves two basic
purposes: (a) to prove one of the
elements of the crime of fencing; and (b)
to enable the trial court to determine the
imposable penalty for the crime, since
the penalty depends on the value of the
property. (People vs. Dator, 344 SCRA
236 (2000) (Francisco vs. People,
supra)

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
MIGRANT WORKERS & OVERSEAS FILIPINOS
ACT OF 1995 Sec. 6: "Illegal Recruitment" in General
REPUBLIC ACT NO. 8042, AS AMENDED
BY REPUBLIC ACT NO. 10022 ❖ any act of procuring of workers:
✔ canvassing, enlisting, contracting,
Date of Approval:
transporting, utilizing, hiring, referring,
contract services, promising,
᫅ RA No. 8042 was approved on June 7, 1995
advertising, etc.
᫅ RA No. 10022 was approved on July 08, 2010,
❖ for employment abroad,
which amended Paragraphs Section 2(a), (e),
❖ by a non-licensee or non-holder of authority,
(g) and (h); Section 3(a); Sections 4 to 7, 10, 13,
❖ whether the procurement be for profit or not
16-20, 23, 26, 32, 33, 35, 37 of Republic Act.
No. 8042.
Sec. 6: "Illegal Recruitment" in General

Purposes:
❖ The enumeration of the acts of recruitment or
placement in the concept of "illegal recruitment"
᫅ To uphold the dignity of our citizens whether in
under the Act is so broad that it includes even
country or overseas, in general, and Filipino
the mere act of referring someone for placement
migrant workers, in particular.
abroad.
᫅ To afford full protection to labor, local and
❖ In its simplest terms, illegal recruitment is
overseas, organized and unorganized, and
committed by any persons who, without
promote full employment and equality of
authority from the Government, give the
employment opportunities for all.
impression that they have the power to send
᫅ For the State to provide adequate and timely
workers abroad for employment purposes.
social, economic and legal services to Filipino
migrant workers.
Sec. 6: "Illegal Recruitment": Specific Acts by Any
Person:
Sec. 3(a): "Overseas Filipino Worker" &
"Migrant Worker"
1. Charging or accepting directly or indirectly any
amount greater than that specified in the
᫅ Overseas Filipino worker - a person who is to
schedule of proscribed allowable fees or to
be engaged, is engaged or has been engaged
make a worker pay or acknowledge any amount
in a remunerated activity in a state of which he
greater than that actually received by him as a
or she is not a citizen or on board a vessel
loan or advance;
navigating the foreign seas other than a
government ship used for military or non-
2. Furnishing or publishing any false notice or
commercial purposes or on an installation
information or document in relation to
located offshore or on the high seas; to be used
recruitment or employment;
interchangeably with migrant worker."
3. Giving any false notice, testimony, information or
Unlawful/Prohibited Acts:
document or commit any act of
misrepresentation for the purpose of securing a
1. Issuance of the permit or for allowing the
license or authority, or for documenting hired
deployment of migrant workers in violation on
workers with the POEA, which include the act of
the prohibition on deployment of migrant
reprocessing workers through a job order that
workers in countries where the rights of Filipino
pertains to nonexistent work, work different from
migrant workers are protected; (Sec. 4)
the actual overseas work, or work with a
2. Illegal recruitment (Sec. 6);
different employer whether registered or not with
3. Prohibition on officials & employees & relatives
the POEA;
within the 4th civil degree of consanguinity or
affinity to engage in recruiting migrant workers.
(Sec. 8)
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Sec. 6: "Illegal Recruitment": Specific Acts by Any
Person:
4. Including or attempting to induce a worker
already employed to quit his employment in
order to offer him another unless the transfer is
designed to liberate a worker from oppressive
terms and conditions of employment;
5. Influencing or attempting to influence any
person or entity not to employ any worker who
has not applied for employment through his
agency or who has formed, joined or supported,
or has contacted or is supported by any union or
workers' organization;
6. Engaging in the recruitment or placement of
workers in jobs harmful to public health or
morality or to the dignity of the Republic of the
Philippines;
7. Failing to submit reports on the status of
employment, placement vacancies, remittance
of foreign exchange earnings, separation from
jobs, departures and such other matters or
information as may be required.
Sec. 6: "Illegal Recruitment": Specific Acts by Any
Person:
8. Substituting or altering, to the prejudice of the
worker, employment contracts approved and
verified by the DOLE from the time of actual
signing thereof by the parties up to and including
the period of the expiration of the same without
the approval of the DOLE;
9. For an officer or agent of a recruitment or
placement agency to become an officer or
member of the Board of any corporation
engaged in travel agency or to be engaged
directly or indirectly in the management of travel
agency;
10. Withholding or denying travel documents from
applicant workers before departure for monetary
or financial considerations, or for any other
reasons, other than those authorized under the
Labor Code and its implementing rules and
regulations;
Sec. 6: "Illegal Recruitment": Specific Acts by Any
Person:
11. Failing to actually deploy a contracted worker
without valid reason as determined by the
DOLE;
12. Failing to reimburse expenses incurred by the
worker in connection with his documentation and
processing for purposes of deployment, in cases
where the deployment does not actually take
place without the worker's fault.; and
13. Allowing a non-Filipino citizen to head or
manage a licensed recruitment/manning agency.
14. Granting a loan to an overseas Filipino worker
with interest exceeding 8% per annum, which
will be used for payment of legal and allowable
placement fees and make the migrant worker
issue, either personally or through a guarantor
or accommodation party, postdated checks in
relation to the said loan;
Sec. 6: "Illegal Recruitment": Specific Acts by Any
Person:
15. Imposing a compulsory and exclusive
arrangement whereby an overseas Filipino
worker is required to avail of a loan only from
specifically designated institutions, entities or
persons;
16. Refusing to condone or renegotiate a loan
incurred by an overseas Filipino worker after the
latter's employment contract has been
prematurely terminated through no fault of his or
her own;
17. Imposing a compulsory and exclusive
arrangement whereby an overseas Filipino
worker is required to undergo health
examinations only from specifically designated
medical clinics, institutions, entities or persons,
except in the case of a seafarer whose medical
examination cost is shouldered by the
principal/shipowner;
Sec. 6: "Illegal Recruitment": Specific Acts by Any
Person:
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
18. Imposing a compulsory and exclusive in the recruitment process. (People vs. Chua,
arrangement whereby an overseas Filipino March 10, 2010)
worker is required to undergo training, seminar,
instruction or schooling of any kind only from Violation of RA 10022 vs. Other Violations of Law
specifically designated institutions, entities or
persons, except for recommendatory trainings ❖ The filing of an offense punishable under this
mandated by principals/shipowners where the Act shall be without prejudice to the filing of
latter shoulder the cost of such trainings; cases punishable under other existing laws,
rules or regulations.
19. Suspending recruitment/manning agency to
engage in any kind of recruitment activity END
including the processing of pending workers'
applications; and

20. For a recruitment/manning agency or a foreign

principal/employer to pass on the overseas
Filipino worker or deduct from his or her salary
the payment of the cost of insurance fees,
premium or other insurance related charges, as
provided under the compulsory worker's
insurance coverage.

Sec. 6: Illegal Recruitment by a Syndicate or in

Large Scale

❖ By a syndicate - illegal recruitment is carried

out by a group of three (3) or more persons
conspiring or confederating with one another.
❖ In large scale - illegal recruitment is committed
against three (3) or more persons individually or
as a group.
❖ Illegal recruitment when committed by a
syndicate or in large scale shall be considered
an offense involving economic sabotage.

Persons Liable:

❖ The persons criminally liable for illegal

Recruitment are the principals, accomplices and
accessories.
❖ In case of juridical persons, the officers having
ownership, control, management or direction of
their business who are responsible for the
commission of the offense and the responsible
employees/agents thereof shall be liable.
❖ Members of the POEA Governing Board;
❖ Thus, even a mere cashier can be held liable for
illegal recruitment as principal by direct
participation, if he/she, together with the
employer, actively and consciously participated
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ACCESS DEVICES REGULATION ACT
REPUBLIC ACT NO. 8484
Approval:  disclose the information required of this Act,
 RA No. 8484 was approved on February 11,
1998.
Purpose for the Enactment
 To regulate the issuance and use of access
device in commercial transactions.
Sec. 3(a): Access Device
 * ..refers to:
 any card, plate, code,
  Account number, electronic serial number,
personal identification number,
 other telecommunications service, equipment, or
instrumental identifier,
 other means of account access. that can be
used to:
 obtain money, good, services, or
 obtain any other thing of value; or
 initiate a transfer of funds (other than a transfer
originatedsolely by paper instrument);
Sec. 3: Access Device Covered:
 Counterfeit access device - any access device
that is counterfeit, fictitious, altered, or forged, or
an identifiable component of an access device
or counterfeit access device;
 Unauthorized Access Device means any access
device that is stolen, lost, expired, revoked,
canceled, suspended, or obtained with intent to
defraud;
 Access device fraudulently applied for - any
access device that was applied for or issued on
account of the use of falsified document, false
information, fictitious identities and addresses,
or any form of false pretense
misrepresentation;
Sec. 4: Form of Regulation: Credit Card Application
and
Solicitation: Disclosure of Information
 Any application to open a credit card account for
any person under an open-end credit plan or a
solicitation to open such an account, either by
mail, telephone or other means, shall disclose in
writing or orally, as the case may be, the
following information:
a. Annual percentage rate;
b. Annual & other fees;
c. Balance calculation method;
d.  Cash advance fee;
e. Over-the-limit-fee
Sec. 8: Form of Regulation: Credit Card Application
and
Solicitation: Disclosure of Information: Failure
  Credit card companies which shall fail to
after due notice and hearing, shall be subiect to
suspension or cancellation of their authoritv to
issue credit cards by the BSP, SEC and such
other government agencies
Sec. 9: Prohibited Acts
1. producing, using, trafficking (transferring, or
otherwise disposing of, to another, or obtaining
control of, with intent to transfer or dispose of) in
one or more counterfeit access devices;
2. trafficking in one or more unauthorized access
devices or access devices fraudulently applied
for; 
3. using, with intent to defraud, an unauthorized
access device;
4. using an access device fraudulently applied for; 
5. possessing one or more counterfeit access
devices or access devices fraudulently applied
for;
6. producing, trafficking in, having control or
custody of, or possessing device-making or
altering equipment without being in the business
or employment, which lawfully deals with the
manufacture, issuance, or distribution of such
equipment;
Sec. 9: Prohibited Acts
7.  Inducing, enticing, permitting or in any manner
allowing another, for consideration or otherwise
to produce, use, traffic in counterfeit access
devices, unauthorized access devices or access
devices fraudulently applied for;
8. multiple imprinting on more than one transaction
record, sales slip or similar document, thereby
making it appear that the device holder has
or entered into a transaction other than those
which said device holder had lawfully contracted
for, or submitting, without being an affiliated
merchant, an order to collect from the issuer of
the access device, such extra sales slip through
an affiliated merchant who connives therewith,
or, under false pretenses of being an affiliated
merchant, present for collection such sales slips,
and similar documents;
Sec. 9: Prohibited Acts 
9.  disclosing any information imprinted on the
access device, such as, but not limited to, the
account number or name or address of the
device holder, without the latter's authority or
permission; 
10.  obtaining money or anvthing of value through
the use of an access device, with intent to
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
defraud or with intent to gain and fleeing
thereafter:
11. having in one's possession, without authority
from the owner of the access device or the
access device company, an access device, or
any material, such as slips, carbon paper, or any
other medium, on which the access device is
written, printed, embossed, or otherwise
indicated:
Sec. 9: Prohibited Acts
12. writing or causing to be written on sales slips,
approval numbers from the issuer of the access
device of the fact of approval, where in fact no
such approval was given, or where, if given,
what is written is deliberately different from the
approval actually given;
13. making any alteration, without the access device
holder's authority, of any amount or other
information written on the sales slip:
Sec. 9: Prohibited Acts
14. effecting transaction, with one or more access
devices issued to another person or persons, to
receive pavment or any other thing of value:
 Sec. 14. (Presumption & prima facie
evidence of intent to defraud):
cardholder who abandons or
surreptitiously leaves the place of
employment, business or residence
stated in his application or credit card,
without informing the credit card
company of the place where he could
actually be found, if at the time of such
abandonment or surreptitious leaving,
the outstanding and unpaid balance is
past due for at least 90 days and is
more than PhP10,000.00, shall be prima
facie presumed to have used his credit
card with intent to defraud.
Sec. 9: Prohibited Acts 
15. without the authorization of the issuer of the
access device, soliciting a person for the
purpose of:
 offering an access device; or
 selling information regarding or an
application to obtain an access device;
or
16. without the authorization of the credit card
system member or its agent, causing or
arranging for another person to present to the
member or its agent, for payment, one or more
evidence or records of transactions made by
credit card.
Sec. 9: Prohibited Acts: "Possession"
 The law does not provide the definition for what
possession" should mean in respectto the act of
"possession" as constituting some of the acts
prohibited under the law.
  In Soledad vs. People, G.R. No. 184274,
February 23, 2011, the import of the word
"possession" as used in the law was laid down.
 In said case, "possession" was considered in
reference to the definition provided under Article
523 of the Civil Code, that is, "possession is the
holding of a thing or the enjoyment of a right."
 The acquisition of possession involves two
elements: 
 the corpus or the material holding of the
thing; and
  the animus possidendi or the intent to
possess it. Animus possidendi is a state
of mind, the presence or determination
of which is largely dependent on
attendant events in each case. It may be
inferred from the prior or
contemporaneous acts of the accused,
as well as the surrounding
circumstances.
Sec. 9: Penalty, RPC Penalties not Used
 The penalty for violation of RA 8484 ranges from
the imposition of fine of not less than
PhP10.000.00 or twice the value of that obtained
from the transaction; or imprisonment from not
less than 6 years to more than 20 years; or both
fine and imprisonment.
 The nomenclature of penalties under the PC
was not used, therefore the graduation of
penalties, the effect of attending circumstances
and other principles affecting the degree of
liability of the offender prescribed under the PC
do not apply in the imposition of the proper
penalty to the offender.
 However, by express provision provided under
RA 8484, several RPC principles were made
applicable.
Sections 11-13: RPC Principles Made Applicable
 Sec. 11: Conspiracy to commit access device
fraud. - there is
 conspiracy when 2 or more persons
conspire to: commit any of the offenses
under the Act; or
 when one or more of such persons does
any act to effect the object of the
conspiracy.
 Penalty: each conspirator shall
be punished as in the case of
the doing of the act, the
accomplishment of which is the
object of such conspiracy.
Sections 11-13: PC Principles Made Applicable
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
 Sec. 12: Frustrated and attempted access lawfully deal with the manufacture, issuance, or
device fraud- distribution of access device:
 Frustrated access device fraud: any 5. an access device or medium on which an
person who performs all the acts of access device is written, not in the ordinary
execution which would produce any of course of the possessor's trade or business; or
the unlawful acts, but which 6. a genuine access device, not in the name of the
nevertheless does not produce it by possessor, or not in the ordinary course of the
reason of causes independent of the will possessor's trade or business, shall be prima
of said person. face evidence that such device or equipment is
 Penalty: two-thirds (2/3) of the intended to be used to defraud.
fine and imprisonment provided
for the consummated offenses Section 15. Loss of access devices
listed in said section.   In case of loss of an access device, the holder
 Attempted access device fraud: any thereof must notify the issuer of the access
person who commences the device of the details and circumstances of such
commission of any of the unlawful acts loss upon knowledge of the loss.
directly by overt acts and does not  Full compliance with such procedure would
perform all the acts of execution which absolve the access device holder of any
would produce the said acts by reason financial liability from fraudulent use of the
of some cause or accident other than access device from the time the loss or theft is
said person's own spontaneous reported to the issuer.
desistance.
  Penalty: one-half (1/2) of the PD 8484 vs. RPC
fine and imprisonment provided   Prosecution under the Act shall be without
for the consummated offenses prejudice to any liability for violation of any
listed in the said section. provision of the PC or any other law.

END
Sections 11-13: RPC Principles Made Applicable
 Section 13. Accessory to access device fraud -
any person who, with intent to gain for himself or
for another, buy, receives, possesses, keeps,
acquires, conceals, sells, or disposes of, shall
buy and sell, or in any manner deal in any
article, item, object or anything of value which he
knows or should be known to him, to have been
acquired through the use of counterfeit access
device or an unauthorized access device or an
access device known to him to have been
fraudulently applied for.
 Penalty: punished with one-half (1/2) of
the fine and imprisonment provided for
the applicable consummated offenses;
may also be prosecuted under the Anti-
Fencing Law of 1979 (Presidential
Decree No. 1612) whichever imposes
the longer prison term as penalty for the
consummated offense.

Section 14: Presumption & Prima Facie Evidence of

Intent to Defraud
 The mere possession, control or custody of:
1. an access device, without permission of the
owner or without any lawful authority;
2. a counterfeit access device;
3. access device fraudulently applied for;
4. any device-making or altering equipment by any
person whose business or employment does not
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
CYBERCRIME PREVENTION ACT OF 2012
REPUBLIC ACT NO. 10175
Approval:
● RA No. 10175 was approved on September 12,
2012.
● Offenses under this category of cyber offenses include:
Purpose for the Enactment
A. To protect and safeguard the:
1. The integrity of computer, computer and
communications systems, networks, and
database;
2. The confidentiality, integrity, and
availability of information and data
stored therein, from all forms of misuse,
abuse, and illegal access by making
punishable under the law such conduct
or conducts.
B. To regulate access to and use of the cyberspace.
Sec. 3: Cyber & Cybercrime
Cyber
- refers to a computer or a computer network, the
electronic medium in which online
communication takes place.
- Thus, all crimes committed against the
security and integrity of the cyber is
considered a cybercrime, also referred
to as Cybercrime Offenses or,
essentially, offenses against the cyber.
- Also, felonies under the RPC committed
with the use of the cyber are considered
cybercrime.
Punishable Acts
● The acts punishable under the Act can be
categorized into:
○ Cybercrime offenses (Sec. 4);
○ Other offenses (Sec. 5) - Declared
Unconstitutional
○ Violation of the PC through and with the
use ofInformation and Communications
Technology (ICT) (Sec. 6)
○ Violation of other laws (Sec. 7)
Sec. 4: Cybercrime Offenses
Cybercrime offenses are categorized into:
1. Offenses against the confidentiality, integrity and
availability of computer data and systems;
2. Computer-related offenses; and
3. Content-related offenses.
Sec. 4(a): Punishable Act #l: Cybercrime Offense:
Against the Confidentiality, Integrity & Availability of
Computer Data & Systems
1. Illegal Access unauthorized access to the whole
or any part of a computer system;
2. Illegal Interception - unauthorized interception of
non-public transmission of computer data to,
from, or within a computer system;
3. Data Interference - unauthorized/reckless
alteration or damaging of computer data,
electronic document or message, including
transmission of viruses.
4. System Interference - unauthorized interference
in the functioning of a
computer or network.
5. Misuse of Devices - unauthorized use, sale or
production of devices, computer programs,
passwords, access code for the purpose of
committing any of the offenses under this Act.
6. Cuber-squatting - acquisition of a domain name
over the internet in bad faith to profit, mislead,
destroy reputation, and deprive others from
registering the same.
Sec. 4(b): Punishable Act #l Cybercrime Offense:
Computer-Related Offense:
1. Computer-related Forcery - unauthorized input,
alteration, or deletion of any computer data
resulting in inauthentic data with the intent that it
be considered or acted upon for legal purposes
as if it were authentic; using computer data
which is the product of computer-related forgery
for the purpose of perpetuating a fraudulent or
dishonest design;
2. Computer-related Fraud - unauthorized input,
alteration, or deletion of computer data or
program or interference in the functioning of a
computer system, causing damage thereby with,
fraudulent intent;
3. Computer-related Identity Theft - intentional
acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information
belonging to another.
Sec. 4(C): Cybercrime Offense: Content-related
Offenses: "Content Data"
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● Refers to the communication, content of the
communication, the meaning or purport of the
communication, or the message or information
being conveyed by the communication, other
than traffic data.
Sec. 4(c): Punishable Act #I: Cybercrime Offense:
Content-related Offenses: Kinds
● Cybersex - willfull engagement, maintenance,
control, or operation of any lascivious exhibition
of sexual organs or sexual activity, with the aid
of a computer system, for favor or consideration;
● Child Pornography - unlawful or prohibited acts
defined and punishable by RA No. 9775 (Anti-
Child Pornography Act of 2009), committed
through a computer system; the penalty to be
imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775.
● Unsolicited Commercial Communications -
Declared unconstitutional (Disini vs. Sec. of
Justice)
Sec. 4(c): Punishable Act #l: Cybercrime Offense:
Content-related Offenses: Kinds
● Libel - the unlawful or prohibited acts of libel as
defined in Article 355, PC, committed through a
computer system or any other similar means
with respect to the original author of the post.
Article 353. Definition of libel. - A libel is public and
malicious imputation of a crime, or of a vice or defect,
real or imaginary, or any act, omission, condition, status,
or circumstance tending to cause the dishonor, discredit,
or contempt of a natural or juridical person, or to blacken
the memory of one who is dead.
Sec. 4(c)(4): Punishable Act #l: Cybercrime Offense:
Content Related: Cyber or Online Libel
● The offense of cyber libel is considered
CONSTITUTIONAL only with respect to the
original author of the libelous post, but void or
UNCONSTITUTIONAL with respect to others
who simply receive the post and react to it.
● Section 5 which penalizes "aiding or abetting"
and "attempt" in the commission of cybercrimes
such as cyber libel is void and
UNCONSTITUTIONAL
Sec. 4(c)(4): Punishable Act #1: Cybercrime Offense:
Content Related: Cyber or Online Libel: Elements of
Libel
● Allegation of a discreditable act or condition of
another - ascription to a person of the
commission of a criminal act; possession of a
vice or defect: or act or omission, condition,
status or circumstance - all tending to discredit
or put him in contempt or blacken the memory of
one who is dead; the words used are to be taken
in their entirety and should be construed in their
plain meaning; the main consideration is the
effect that the publication had in the minds of the
reader and not the explanation provided by the
publisher; personal hurt or embarrassment does
not automatically equate to defamation.
Sec. 4(c)(4): Punishable Act #l: Cybercrime Offense:
ContentRelated: Cyber or Online Libel: Elements of
Libel
● Publication of the charge - making the
defamatory matter known to someone else other
than the person to whom the matter is written;
communication of the defamatory material to a
third person; the person need not hear or read
the defamatory matter for a man's reputation is
not the good opinion he has for himself but the
estimation in which the others hold him.
● In cyberlibel, publication of the libelous matter
must be by means of a computer medium or
computer network.
● The use of the computer network in
communicating the libelous matter is a qualifying
circumstance warranting the imposition of a
penalty one (1) degree higher than the penalty
provided for the crime in the RPC;
● There is, however, no publication if it was the
victim who communicated the libelous matter to
a third person; also, a letter containing the
defamatory matter in a sealed envelope sent to
a messenger is not publication.
Sec. 4(c)(4): Punishable Act #l: Cybercrime Offense:
Content Related: Cyber or Online Libel: Elements of
Libel
● Identity of the person defamed - the defamatory
words must refer to ascertainable person
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
although his name be not expressly stated or
mentioned; it is sufficient that the person alluded
to is the offended party; at least a third person
must be able to identify the person alluded to;
evidence is allowed to be produced to establish
that the vague imputation referred to the
offended party; if the defamatory matter is
directed to a group or class, the statement must
be so sweeping or all-embracing as to apply to
all individual members of the class or group
(group libel) such that the group may bring the
action or any member can bring an action
separately against the offender, otherwise, it
must be proved that the defamatory statement
specifically referred to him so that he can, by
himself, bring the action against the offender.
● There are as many libel as there are persons
libeled, the computation of the libel does not
depend on the number of the publication.
● Existence of Malice - it is the essence of the
crime of libel; it pertains to ill will or spite;
speaking not in response to a duty but merely to
injure the reputation of the person defamed, and
implies an intention to do ulterior and
unjustifiable harm.
Sec. 4(c)(4): Punishable Act #1: Cybercrime Offense:
Content Related: Cyber or Online Libel Elements of
Libel: On Malice
● Malice in Law Implied Malice/ Constructive
Malice):
○ malice presumed in law; no proof
required; malice is presumed in the very
words uttered; malice presumed when
there is no showing of a good intention
or justifiable reason for making such
imputation. libelous matter directed
against private individual, malice is
presumed in the very words uttered.
Proof of truth of the imputation defeats
malice
● Malice in Fact (Actual Malice):
○ making the defamatory statement with
the knowledge that it is false or with
reckless disregard of whether it was
false or not or with a high degree of
awareness of the statement's probable
falsity; proof of malice is required.
○ if libelous matter directed against a
public official, it is considered privileged
(qualifiedly privileged communications
[right to criticize the action and conduct
of public officials] which contain
defamatory imputations but which are
not actionable unless found to have
been made without good intention or
justifiable motive), malice must be
proved]
Sec. 5 in Relation to the other Provisions of the Act,
UNCONSTITUTIONAL.
● Section 5 - Aiding or Abetting in the Commission
of Other Crime; Attempt in the Commission of
Other Crime, in relation to the other provisions of
the Act (as enumerated below), declared VOID
and
UNCONSTITUTIONAL:
1. Sec. 4(c)(4) on Cyberlibel;
2. Sec. 4(c)(3) on Unsolicited Commercial
Communications; and
3. Sec. 4(c)(2) on Child Pornography.
Sec. 5 in Relation to the other Provisions of the Act,
UNCONSTITUTIONAL.
● The terms "aiding or abetting" used to define the
acts punished in Section 5 constitute broad
sweep that generates chilling effect on those
who express themselves through cyberspace
posts, comments and other messages. It creates
a chilling effect on the constitutionally-protected
freedom of expression of the great masses that
use it. Thus, it is a nullity. (Disini, supra.)
● A person who does not know whether his
speech constitutes a crime over an overbroad or
vague law may simply restrain himself from
speaking in order to avoid being charged of a
crime. The overbroad or vague law thus chills
him into silence.
Section 5, however, is valid in relation to:
1. Sec. 4(a)(1) on Illegal Access;
2. Sec. 4(a)(2) on Illegal Interception;
3. Sec. 4(a)(3) on Data Interference;
4. Sec. 4(a)(4) on System interference;
5. Sec. 4(a)(5) on Misuse of Devices;
6. Sec. 4(a)(6) on Cyber-squatting;
7. Sec. 4(b)(1) on Computer-related Forgery;
8. Sec. 4(b)(2) on Computer-related Fraud;
9. Sec. 4(b)(3) on Computer-related Identity Theft;
10. Sec. 4(c)(1) on Cybersex
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Sec. 6: Sec. 4(c): Punishable Act #3: Violation of the
RPC/SPL Through & With the Use of Information &
Communications Technology (ICT)
● All crimes defined and penalized under the PC
and special penal laws, if committed by, through,
and with the use of ICT shall be covered by the
relevant provisions of this Act.
● The use of the internet in the commission of
existing crimes is a qualifying circumstance,
warranting the imposition of a higher penalty.
● The penalty to be imposed shall be one (1)
degree higher than that provided for by the PC,
and special laws, as the case may be.
Sec. 7: Liability
UNCONSTITUTIONAL
Under Other Laws
● A prosecution under this Act shall be without
prejudice to any liability for violation of any
provision of the RPC or special laws.
(UNCONSTITUTIONAL)
Sec. 7: Liability Under Other Laws:
● This provision is declared VOID and
UNCONSTITUTIONAL for being violative of the
right against double jeopardy when:
1. The offender is charged under both
Section 4(c)(4) on Cyberlibel and Article
353 of the RPC; and
2. The offender is charged under both
Section 4(c)(2) and R.A. 9775 or the
"Anti-Child Pornography Act of 2009".
(Disini, supra.)
These laws and these provisions of the RA 10175
pertain to one and the same crime. The better course is
to file a case for violation of RA 10175 because the use
of cyber is a qualifying circumstances warranting the
imposition of a penalty higher by I degree than that
prescribed in the RPC/SPL for the crime. But not
prosecution in both shall be allowed.
Sec. 12: Real-Time Collection of Traffic Data -
UNCONSTITUTIONAL
● Traffic data or non-content data refers to any
computer data other than the content of the
communication including, but not limited to, the
communication's origin, destination, route, time,
date, size, duration, or type of underlying
service.
● Section 12 which gave sweeping and
unrestrained authority to the law enforcement
authorities to collect or record traffic data in real-
time was declared VOID and
UNCONSTITUTIONAL.
● All data to be collected or seized or disclosed
will require a court warrant
Sec. 3(t), IRR: Digital Evidence: Gathering Digital
Information
● refers to digital information that may be used as
evidence in a case.
● the gathering of the digital information may be
carried out by:
○ confiscation of the storage media (data
carrier), or
○ tapping or monitoring of network traffic,
or
○ making of digital copies (e.g., forensic
images, file copies, etc.) of the data
held.
Sec. 3(u), IRR: Electronic Evidence
● refers to evidence, the use of which is
sanctioned by existing rules of evidence, in
ascertaining in a judicial proceeding, the truth
respecting matter of fact, which evidence is
electronically:
○ Received,
○ Recorded,
○ Transmitted,
○ Stored,
○ Processed,
○ retrieved. Or
○ produced
Sec. 3 (gg), IRR: Subscriber's Information
Subscriber's information
- any information contained in the form of
computer data or any other form that is held by a
service provider, relating to subscribers of its
services other than traffic or content data and by
which identity can be established such as
subscriber's identity, postal or geographic
address, telephone and other access numbers,
etc.;
Sec. 13: Preservation of Computer Data - Court
Order not Required
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● The integrity of traffic data and subscriber
information relating to communication services
provided by a service provider shall be
preserved for a minimum period of six (6)
months from the date of the transaction.
● Content data shall be similarly preserved for six
(6) months from the date of receipt of the order
from law enforcement authorities requiring its
preservation.
● Law enforcement authorities may order a one-
time extension for another six (6) months.
Sec. 13: Preservation of Computer Data - Court
Order not Required
● once computer data preserved, transmitted or
stored by a service provider is used as evidence
in a case, the mere furnishing to such service
provider of the transmittal document to the
Office of the Prosecutor shall be deemed a
notification to preserve the computer data until
the termination of the case.
● The service provider ordered to preserve
computer data shall keep confidential the order
and its compliance.
Sec. 14: Disclosure, Collection, Recording of
Computer Data: Court Order/Warrant Required
● Law enforcement authorities, upon securing a
court warrant, shall issue an order requiring any
person or service provider to disclose or submit
subscriber's information, traffic data or relevant
data in his/its possession or control within
seventy-two (72) hours from receipt of the order
in relation to a valid complaint officially docketed
and assigned forf investigation and the
disclosure is necessary and relevant for the
purpose of investigation.
Sec. 14: Court Order/Warrant
● issued or granted upon written application, after
the examination under oath or affirmation of the
applicant and the witnesses he may produce,
showing that:
○ there are reasonable grounds to believe
that any of the crimes enumerated
under the Act has been committed, is
being committed or is about to be
committed;
○ there are reasonable grounds to believe
that the evidence that will be obtained is
essential to the conviction of any person
for, or to the solution of, or to the
prevention of any such crimes; and
there are no other means readily
available for obtaining such evidence.
Sec. 15: Search, Seizure & Examination of Computer
Data
● Where a search and seizure warrant is properly
issued, the law enforcement authorities shall,
within the period specified in the warrant: have
the power and duty to conduct interception,
search, seizure of computer data; secure a
computer system or a computer data storage
medium; make and retain a copy of those
computer data secured; maintain the integrity of
the relevant stored computer data;
● conduct forensic analysis or examination of the
computer data storage medium; and
● render inaccessible or remove those computer
data in the accessed computer or computer and
communications network.
● Law enforcement authorities may request for an
extension of time to complete the examination of
the computer data storage medium and to make
a return thereon but in no case for a period
longer than 30 days from date of approval by the
court.
Sec. 16: Custody Of Computer Data
● All computer data, including content and traffic
data, examined under a proper warrant shall:
● within forty-eight (48) hours after the expiration
of the period fixed therein, be deposited with the
court in a sealed package, and the deposited
sealed package shall be accompanied by an
affidavit of the law enforcement authority
executing it stating the dates and times covered
by the examination, and the law enforcement
authority who may access the deposit, among
other relevant data.
Sec. 17: Destruction Of Computer Data
● Upon expiration of the periods for the collection
or disclosure of computer data, service providers
and law enforcement authorities, as the case
may be, shall immediately and completely
destroy the computer data subject of a
preservation and examination.
Sec. 18: Exclusionary Rule
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
● Any evidence procured without a valid warrant
or beyond the authority of the same shall be
inadmissible in any proceeding before any court
or tribunal.

Sec. 21: Jurisdiction

● The TC shall have jurisdiction over any violation
of the provisions of the Act, including any
violation committed by a Filipino national
regardless of the place of commission.
● Jurisdiction shall lie if :
○ any of the elements was committed
within the Philippines or
○ any of the elements was committed with
the use of any computer sustem wholly
or partly situated in the country, or when
by such commission any damage is
caused to a natural or juridical person
who, at the time the offense was
committed, was in the Philippines.
○ There shall be designated special
cybercrime courts manned by specially
trained judges to handle cybercrime
cases.

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
BOUNCING CHECKS LAW
BATAS PAMBANSA BLG. 22
Approval
● BP 22 or the Bouncing Checks Law was enacted
on April 3, 1979, took effect on June 20, 1979.
Objective/Purpose
● To stop or curb the practice of issuing worthless
checks that degrade its value and importance in
commercial transactions.
Sec. 1: Unlawful Act: Issuance of Checks without
Sufficient Funds: "Bouncing Checks"
● Bouncing checks are dishonoured checks which
literally bounces back to the issuer or maker after
presentment to the drawee bank for payment or
deposit.
● What is penalized in this law is the act of issuing a
check with knowledge of insufficiency of funds to
cover for the check issued.
Sec. 1: There are two (2) ways by which violation of
the Bouncing Checks Law is committed:
1. The offender knows that he has no sufficient
funds in or credit with the drawee bank at the
time of issue; and
2. The offender has sufficient funds at the time of
issue but fails to keep sufficient funds or
credit to cover the full amount of the check if
presented within 90 days from the date
appearing therein.
Sec. 1: Ways of Committing Violation of BP 22:
● The two modes are separate and distinct from
each other.
● The elements for the first kind are different from
those of the second kind.
● Thus, if the Information charges the accused
for violation of BP 22 of the first kind, he/she
cannot be convicted for violation of the second
kind.
● Also, double jeopardy will not attach if the accused
is acquitted in the case charging the first kind and
he/she is subsequently charged for violation of the
second kind.
Sec 1: Elements Of Violation Of BP 22 Of The 1 st
Kind: The Offender Knows of the Insufficiency of Funds
at the Time of Issue:
1. The offender makes or draws or issues any
checks to apply on account or for value;
2. The offender knows at the time of the issuance
that he or she does not have sufficient funds in,
or credit with, the drawee bank for the payment
of the check in full upon its presentment; and
3. The check is subsequently dishonoured by the
drawee bank for insufficiency of funds or credit,
or the check would have been dishonoured for
the same reason had not the drawer, without
valid reason, ordered the bank to stop payment.
Sec 1: Elements Of Violation Of BP 22 Of The 2nd
Kind: The Offender Fails to Keep Sufficient Funds or
Credit to Cover for the Check within 90 days From
Issue:
1. The offender makes, draws and issues any
check to apply for account or for value;
2. At the time of issue, the drawer has sufficient
funds in or credit with the drawee bank for the
payment of such check in full upon its
presentment;
3. The drawee fails to keep sufficient funds or to
maintain credit to cover the full amount of the
check if presented within a period of 90 days
from the date appearing thereon; and
4. The check was subsequently dishonored by the
drawee bank for insufficiency of funds or credit.
The "Gravamen" of Violation of BP 22:
● In all kinds of violation of BP 22, the act of
making and issuing a worthless check or
dishonoured check upon presentation for
payment is the gravamen of the crime.
First Element: Making Or Drawing Or Issuing Any
Checks To Apply On Account Or For Value
Issue a check:
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
❖ To "issue" a check is to deliver it complete in form to
a person who takes it as a holder.
● A check is complete in form if it contains the
date of issuance or maturity, amount therefor,
name of the payee & signature of the drawer.
● The signature of the drawer must be consistent
with the specimen signatures on file with the
bank.
● It must also contain all the required signatories
therefor, if not, the check is not complete even
when delivered to the payee. Incomplete or
forgery of the signature/s are defenses in BP 22.
● Delivery of a signed blank check is prima facie
evidence of the authority to fill-up the blanks
therein, provided that the completion is made
strictly in accordance with the authority given.
First Element: Making Or Drawing Or Issuing Any
Checks To Apply On Account Or For Value
● Any Check:
➔ "Any check" as used in BP 22 refer to any
species of check: post-dated, memorandum
check, guarantee check, etc.
➔ The issuer need not have ownership of the
account against which the check was
issued.
➔ A person may still be held liable under BP
22 even if he has no account with the
drawee bank if he makes and issues a
check belonging to or under the account of
another.
First Element: Making Or Drawing Or Issuing Any
Checks To Apply On Account Or For Value
● Deliver a Check:
➔ Delivery is the final act that gives effect to
the obligation on the check.
➔ It signifies the transfer of possession,
actual or constructive, from one person to
another, with intent to transfer title thereto.
➔ A stolen check precludes delivery and is a
defense in a prosecution for BP 22.
First Element: Making Or Drawing Or Issuing Any
Checks To Apply On Account Or For Value
• For Value:
➔ This phrase as used in BP 22 means that
the check was issued for a valuable
consideration. Checks are presumed to
have been issued for a valuable
consideration.
• On Account:
➔ This means that the check was issued to
pay for a pre-existing obligation.
• Holder for Value:
➔ A "holder for value" is one who gives
valuable consideration for an instrument
issued or negotiated to him.
Sec. 2: Second Element: 1st Kind: Knowledge of
Insufficiency of Funds: Evidence of Knowledge:
Presumption
● As an element of the crime, evidence of
knowledge by the accused of the insufficiency of
funds at the time of the issuance of the check
must be proved beyond reasonable doubt.
● Knowledge, however, involves a state of mind
which is difficult to establish. That is why Section 2
creates a presumption of knowledge of
insufficiency of funds by the mere act of issuing a
check which was subsequently dishonoured by the
bank.
● In the absence of direct evidence to prove such
knowledge, the presumption can be resorted to
and the prosecution needs only to establish that a
check was issued and that it was dishonoured.
● It must be emphasized, however, that there
are certain conditions that should be met first
before the presumption is applied.
Sec. 2: Presumption of Knowledge of the
Insufficiency of Funds: Requirement for Application:
● Receipt by the offender of a final notice of
dishonour;
● The offender fails to pay or fails to make
arrangements for the payment of the check
within five (5) days from receipt of notice of
dishonour.
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
Sec. 2: Presumption of Knowledge of the
Insufficiency of Funds: Requirement for Application:
Notice of Dishonor
● The presumption arises only when the offender
fails to pay the amount of the check or make
arrangement for its payment within five (5) days
from receipt of the final notice of dishonour.
● Hence, notice of dishonour must first be sent to
the offender; and that 5 days must have lapsed
from receipt thereof and no payments or
arrangements for payment were made.
● Accordingly, proof of receipt of the notice of
dishonor by the accused is crucial for the
reckoning of the five (5) -day period.
Sec. 2: Presumption of Knowledge of the
Insufficiency of Funds: Requirement for Application:
Notice of Dishonor, Form & Characteristics:
● A notice of dishonour is a written notice of the
fact of dishonour sent to the drawer, issuer or
maker of the check.
● To be valid, it must be:
➔ in writing, hence oral notice to pay is not
sufficient;
➔ notice must be of the fact of dishonour, even
if there is no demand to pay; and
➔ must be sent to the drawer, maker or issuer
of the check.
Sec. 2: Presumption of Knowledge of the
Insufficiency of Funds: Requirement for Application:
Notice of Dishonor, Form & Characteristics: Proof of
Receipt:
1. Evidence of actual receipt of the written notice
must be presented.
2. If no evidence of actual receipt and service of
the written notice is by registered mail, proof of
service must be presented.
Sec. 2: Notice of Dishonor, Form & Characteristics:
Proof of Receipt: Valid Proof of Service:
● Valid Proof of Service:
➔ the registry return receipt; and
➔ authenticating affidavit of the person
mailing the notice of dishonour; or
➔ testimony of mailer in court on the
sending of notice by registered mail.
● without the authenticating affidavit, the proof of
giving the notice of dishonor is insufficient,
unless the mailer personally testifies in court on
the sending by registered mail. (Lim vs. People,
G.R. No. 224979, Dec. 13, 2017)
Sec. 2: Presumption of Knowledge of the
Insufficiency of Funds: Requirement for Application:
Notice of Dishonor. Form & Characteristics:
● IMPORTANT REMINDER: a notice of dishonor
is not an indispensable requirement in a
prosecution for violation of B.P. Blg. 22 as it is
not an element of the offense.
● Sending a notice of dishonour is only a means to
prove the second element to give rise to the
presumption that the issuer knew of the
insufficiency of funds.
Sec. 2: Presumption of Knowledge of the
Insufficiency of Funds: Requirement for Application:
Notice of Dishonor Importance:
● Dishonor supplies the proof for the element
of knowledge as it prompts the application of
the presumption of knowledge provided by law;
and
● It affords the offender due process.
➔ notice gives the issuer the opportunity to pay
the amount of the check or to make
arrangements for its payment within five (5)
days from receipt thereof.
➔ in effect, it also gives the offender the
opportunity to prevent the presumption of
knowledge of the insufficiency of funds from
arising (Alburo vs. People, G.R. No. 196289,
Aug. 15, 2016.)
Sec. 2: Presumption of Knowledge of the
Insufficiency of Funds: Effect of Payment
● Full payment within S days from receipt of
the notice:
➢ a complete defense;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
➢ it would exculpate the accused from
criminal liability under BP 22. (Lim vs.
People, G.R. No. 190834, November
26, 2014)
Sec. 2: Presumption of Knowledge of the
Insufficiency of Funds: Effect of Payment
● Full payment beyond 5 days but before the
filing of the Information:
➔ Payment, normally, would not extinguish
criminal liability;
➔ It obliterates criminal liability (as a matter of
judicial policy), in keeping with justice and
equity. By paying before the filing of the
Information in court, accused have made
amends for his mistakes and made
restitution for damages. This stance
already achieved the purpose of the law.
The conviction of the accused despite such
payment would prove to be abhorrent to
society's sense of justice.
● Payment after the filing of the Information in
court:
➔ will not exonerate the accused.
Sec. 2: Presumption of Knowledge of the
Insufficiency of Funds: Effect of Novation
● Novation (substitution of an old obligation with a
new obligation) is not a mode of extinguishing
criminal liability.
● Novation may only prevent the rise of
criminal liability if it occurs prior to the filing
of the Information in court.
● In other words, novation does not extinguish
criminal liability but may only prevent its rise.
● How is it prevented? The fulfilment of the new
obligation could dissuade the complainant in
pursuing the prosecution of the offender for BP
22. (Medalla vs. People, G.R. No. 193362,
January 18, 2012). Once fulfilled, rules on full
payment above apply.
Sec. 2: Third Element: 2nd Kind: Failure to Keep
Sufficient Fund within 90 Days from Date Appearing
on Check:
● The presentment of the check for payment with
the bank may be made:
➔ on maturity date; or
➔ within 90 days from maturity date.
● Thus, until the check is encashed, the maker or
drawer must still maintain sufficient funds to pay
for the check within 90 days from maturity date.
Sec. 2: Third Element: 2nd Kind: Failure to Keep
Sufficient Funds within 90 Days from Date
Appearing on Check: Presumption of Knowledge of
Insufficiency of Funds:
● The presumption of knowledge of insufficiency of
funds is still obtaining even when:
1. The check is presented beyond the maturity
date but within 90 days therefrom;
2. There were sufficient funds to cover the
amount of the check at the time of its
issuance.
Sec. 2: Third Element: 2nd Kind: Failure to Keep
Sufficient Funds within 90 Days from Date
Appearing on Check: Presumption of Knowledge of
Insufficiency of Funds:
● The presumption does not apply when the check
was presented beyond 90 days from the date of
maturity.
● Accordingly, since the presumption can no longer
be availed of, evidence of knowledge of
insufficiency of funds at the time of the issuance of
the check must be presented to prove the second
element.
● In any case, the accused is still entitled to the
benefit of the 5-day grace period from receipt of
written notice of dishonour to pay or make
arrangements for the payment of the full amount of
the check
Sec. 2: Third Element: 1st Kind: Check is Dishonored
for Insufficiency of Funds or Check Would Have Still
Been Dishonored for Insufficiency of Funds if it
Were not Stopped for Payment without Valid Reason
● A check with a statement of dishonour is a prima
facie evidence of the following:
➔ making and issuance of the check;
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
➔ due presentment thereof to the drawee for
payment; and
➔ the fact of dishonour for the reason written,
stamped or attached by the drawee on such
dishonoured check.
Dishonored Check: "Payment Stopped"
Sec. 2: Third Element: 1 Kind: Dishonored Check
st
● When a check is dishonoured, the reason for the
dishonour is usually stamped on the check.
● The consequences of a dishonoured check
depends on the reason for the dishonour.
Dishonored Check : Stale Check
● A stale check is a check which has not been
presented for payment for more than 6 months
or 180 days from maturity date.
● A check issued against an account with
insufficient funds which has become stale
can no longer be prosecuted under BP 22.
Venue & Jurisdiction
● But the check is still an evidence of
indebtedness and the debtor may still be
held liable for payment of such debt.
Dishonored Check: DAIF (Drawn Against Insufficient
Funds)
● DAIF means that the depositor lacks sufficient
funds in his/her account to pay for the check
when presented for payment.
● This dishonoured check is very well a subject for
BP 22.
Dishonored Check: DAUD (Drawn Against
Penalties
Uncollected Deposit):
● DAUD means that the depositor's account has,
on its face, sufficient funds, but which are not yet
available at the time the check was drawn
because the deposit, usually a check, had not
yet been cleared.
● Checks dishonoured for DAUD is outside the
contemplation of BP 22 when the
uncollected deposits subsequently become
"good” and credited to the account.
● If the deposits were not credited, there could be
a violation of BP 22, but evidence of the
insufficiency of funds at the time of issue must
be presented; or that the presumption of
insufficiency of funds is applicable (within 90
days from issue).
● A check stopped for payment means that there
was an order or instruction from the drawer to
the drawee not to pay the check.
● There could be a violation of BP 22 for
dishonoured checks because of a stop payment
order if it can be shown that:
➔ the drawer has no valid reason to stop
payment; and
➔ the check would still have been
dishonoured for insufficiency of funds
even when no stop payment order had
been made.
● A criminal complaint for violation of B.P. Blg. 22
may be filed and tried either at the place where
the check was:
➔ issued,
➔ drawn,
➔ delivered, or
➔ deposited
● In criminal cases, venue or where at least one
of the elements of the crime or offense was
committed, must be proved and not just alleged.
(Brodeth vs. People, G.R. No. 197849, Nov. 29,
2017)
● Imprisonment - not less than 30 days but not
more than 1 year; or
● Fine - not less than but not more than double
the amount of the check which should not
exceed PhP200k; or
● Both fine and imprisonment
● Advisory for the Courts in imposing penalty:
Supreme Court Administrative Circular No. 12-
2000, as clarified by Administrative Circular No.
13-2001, establishes the rule of preference to
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
the penalty of fine in the application of the
penalties provided for in BP Blg. 22.
Concepts & Principles
● The gravamen of the offense punished by B.P.
22 is the act of making and issuing a worthless
check or a check that is dishonored upon its
presentment for payment.
● The law is not intended to coerce the debtor to
pay his/her debts. The primordial intention of the
law is to ensure the stability and commercial
value of checks being virtual substitutes for
currency.
● BP 22 prohibits, under pain of penal sanctions,
the making of worthless checks and putting
them in circulation.
The law punishes the act not as an offense
against property, but an offense against
public order because what is sanctioned is the
making and circulation of worthless checks
which has deleterious effects on the public
interest.
● Issuance of a worthless check is deemed a
public nuisance because putting valueless
commercial papers in circulation pollute the
channels of trade and commerce; injure the
banking system and eventually hurt the welfare
of society and the public interest (Medalla vs.
People, G.R. No. 193362, January 18, 2012)
● Knowledge of insufficiency of funds at the time
of issuance, as an element of violation of BP 22,
must be shown beyond reasonable doubt.
● The acts proscribed also include the making or
issuing of checks by one who has no bank
account or where the account was already
closed when the check was presented for
payment. The same deleterious effect is
produced.
● BP22 also covers checks issued as a mere
guaranty or as an accommodation check
because the law does not make any distinction
as to the kind of check issued.
● The law punishes the issuance itself and not the
purpose for which it was issued or of the terms
and conditions relating to its issuance. The
agreement surrounding the issuance of the
check is irrelevant.
● A corporation incurs no criminal liability under
BP 22. Criminal liability therefor is with the one:
➔ who actually signed the check on behalf
of the drawer (corporation)
➔ who is responsible for the funding
thereof.
● The civil liability (arising from the crime) on the
signatory of the check is distinct from the civil
liability (arising from the obligation) of the
corporation for the amount of the check.
● The civil liability of the signatory arises from the
wrongful act while the civil liability of the
corporation proceeds from the very obligation
covered by the check.
● Thus, if the obligation covered by the check is
still unpaid, the corporation remains civilly liable
despite the acquittal of the signatory of the
check.
● Acquittal does not preclude the award of civil
damages except when the offender is a
corporate officer who must be convicted to be
held civilly liable.
● If the corporate officer is acquitted, he/she is
discharged from any civil liability regardless of
whether the acquittal was based on reasonable
doubt or there was a pronouncement that the act
or omission from which the civil liability might
arise did not exist.
● The action for the corresponding civil obligation
is deemed instituted with the criminal action; the
criminal action for violation of B.P. Blg. 22
necessarily includes the corresponding civil
action and no reservation to file such civil action
separately shall be allowed or recognized.
● The Rules prohibit the reservation of a
separate civil action, which means that one
can no longer file a separate civil case after
the criminal complaint is filed in court; the
only instance when separate proceedings
are allowed is when the civil action is filed
ahead of the criminal case.
● Violation of BP 22 is a crime involving moral
turpitude as the second element of the crime
manifests moral turpitude.
● BP 22 does not expressly prohibit the
suppletory application of the provisions of
the RPC. Thus, the general provisions of the
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
RPC, i.e., principles on conspiracy, apply
suppletorily for violation of BP 22.
● The simultaneous filing of BP 22 and Estafa
(deceit & damage are elements) cases do not
amount to double jeopardy.

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
THE LAW ON ARSON
PD 1613, AS AMENDED BY PD 1744 AND RA 7659
Purpose for the enactment
To effectively discourage and deter the commission of
arson, and to prevent destruction of properties and
protect the lives of innocent people.
Development of the Law On Arson
● Arson was earlier defined and penalized under
Articles 320 to 326-B of the RPC.
● But because the provisions on arson "suffers
from certain inadequacies that impede the
successful enforcement and prosecution of
arsonists". PD 1613 came into being as it
became "imperative that the high incidence of
fires and other crimes involving destruction be
prevented to protect the national economy and
preserve the social, economic and political
stability of the country"
PD 1613 & PD 1744
• PD 1613 (Amending the Law on Arson) was issued on
March 7, 1979.
● Sec. 9 of PD 1613 "repealed or amended" or
"supplanted" Articles 320 to 326-B of the RPC.
● It defines and provides punishment for or
governs:
○ Arson, Destructive Arson, Other Cases
of Arson, Special Aggravating
Circumstances in Arson, Qualified
Arson (Where Death Results from
Arson), Prima Facie Evidence of Arson,
Conspiracy to Commit Arson.
○ Confiscation of Object of Arson
• PD No. 1744 was issued on November 11, 1980
(amending Art. 320, nowhere is it stated that it reinstates
Art. 320)
● It reinstated Art. 320, RPC (Destructive Arson).
Through RA 7659 (December 13, 1993), the
capital punishment of reclusion perpetua to
death for destructive arson was reimposed.
However, by RA 9346 (June 24, 2006). arson is
no longer a capital offense.
Destructive Arson: PD 1613 vs. RPC
● Thus, with the reinstatement of Art. 320 on
"Destructive Arson", the crime of destructive
arson was expanded.
● Essentially, the expanded definition of
"destructive arson" under the RPC also covered
the circumstances of "destructive arson" under
Sec. 2 of PD 1613.
● Effectively, PD 1744 which reinstates Art. 320,
RPC, supplanted Sec. 2, PD 1613 on
destructive arson.
● So now, we have 2 laws governing 2 kinds of
the crime of arson:
○ Destructive Arson - under Article 320
of the PC, with a penalty of reclusion
perpetua to death; public & private
property devoted for public welfare) and
○ Simple Arson - under PD 1613 (private
property)
PD 1613 & Other Crimes
• Aside from PD 1613 and Article 320. an arsonist can
likewise be prosecuted for terrorism under RA No. 9372
(The Human Security Act of 2007), if arson is
committed to sow and create a condition of widespread
and extraordinary fear and panic among the populace in
order to coerce the government to give in to the unlawful
demand.
Two kinds of Arson
The classification is based on the the degree of
perversity or viciousness of the criminal offender:
1. Destructive Arson - characterized as heinous
crimes "for being grievous, odious and hateful
offenses and 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." (People vs. Soriano, GR.No. 142963
July 29, 2003) The kind of arson defined and
penalized under Article 320 of the PC, because
penalty is reclusion perpetua to death.
2. Simple Arson - crimes with a lesser degree of
perversity and viciousness that the law punishes
with a lesser penalty. Pertains on the arson
defined and penalized under PD 1613 governs.
Section 1 - Arson defined: 2 Kinds
1. The malicious burning of the property of another;
or
2. The burning of one's own property under
circumstances which expose to danger the life
or property of another.
● In arson, the value of the property burned is
immaterial; the property maybe real or personal.
● Arson maybe committed even if the property
burned belongs to the offender.
● In the latter case, however, the burning must be
under circumstances which expose the life or
property of another to danger.
● Mere exposure to danger is enough, it is not
necessary that there be actual damage caused
to the life or property of another.
Elements of Arson:
1. The offender burns or sets fire his own property
or the property of another; and
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
2. The burning is committed with malice.
Corpus delicti of arson
● Proof of the bare fact of the fire, e.g., the burned
property; and
● Criminal agency in causing it (author).
● Maybe proved by circumstantial evidence.
● Circumstantial evidence is sufficient for
conviction if:
1. There is more than one circumstance:
2. The facts from which the inferences are
derived are proven;
3. The combination of all the
circumstances is such as to produce a
conviction beyond a reasonable doubt.
Malice or intent
● Can be inferred from the acts of the accused.
1. So long as it can be shown that the act of
burning was deliberate.
● Proceeds from the presumption that one intends
the natural consequences of his acts. (Section
3(c). Rule 131, Rules on Evidence Disputable
presumptions)
Section 2: "Destructive Arson" vs. Art. 320 on
Destructive Arson:
● If arson defined under Section 1 is committed,
but the property burned is any of the properties
enumerated under Section 3, the crime
committed is "other case of arson" under
Section 3 of PD 1613.
● The penalty imposed for "other case of arson" is
reclusion temporal to reclusion perpetua.
Section 3: Other Cases of Arson
● If arson as defined under Section 1 is
committed, but the property burned is any of the
properties enumerated under Section 3, the
crime committed is "other case of arson" under
Section 3 of PD 1613.
● The penalty imposed for "other case of arson" is
reclusion temporal to reclusion perpetua.
Section 3(2) other cases of arson -
"house"
● In Section 3(2), one of the properties
enumerated specifically, describe the property
as "any inhabited house or dwelling"
● It follows that if the Information charges other
case of arson, the property burned must be
specifically described as "inhabited house" or
"dwelling".
● Case law, however, applied this provision where
the Information specifically describes the
properties burned merely as "houses" (not
"inhabited house" or "dwelling").
● The SC declared that "houses" contemplates
"inhabited houses" "dwellings", under
Section 3, par. 2 of PD 1613. (People vs.
Soriano,supra)
Section 3(a): "Buildings", "edifices"
● However, "inhabited houses" or "dwellings" can
well be described also as "buildings" or
"edifices"
● But case law provides that if the house or
dwelling is described in the Information as
"buildings" or "edifices" the offender can be
penalized for destructive arson under Article
320(1), RPC [One (1) or more buildings or
edifices, consequent to one single act of
burning, or as a result of simultaneous burnings,
committed on several or different occasions).
● The the kind of arson for which the offender can
be convicted shall be determined by the court
based on the degree of perversity or viciousness
of the criminal offender.
Section 4: Special Aggravating Circumstances
● Section 4 provides that the penalty for other
cases of arson shall be imposed in its maximum
period if special aggravating circumstances
attended the commission of the crime.
● Hence, if special aggravating circumstances
attended the commission of other cases of arson
which has a penalty of reclusion temporal to
reclusion perpetua, the penalty to be imposed is
reclusion perpetua.
Section 4: Special Aggravating Circumstances
• The penalty in any case of arson shall be imposed in its
maximum period:
● If committed with intent to gain;
● If committed for the benefit of another;
● If the offender is motivated by spite or hatred
towards the owner or occupant of the property
burned;
● If committed by a syndicate (planned or carried
out by 3 or more persons);
Section 4: Special Aggravating Circumstance"
"Motivated by Spite or Hatred" vs. "Heat of Anger"
● Depends on the circumstances
Committed by a Syndicate
● Arson is committed by a syndicate if it is planned
or carried out by a group of three (3) or more
persons. The penalty of reclusion perpetua is
imposed.
● It must be stressed that the special aggravating
circumstances under Section 4 are not subject
to the offset-rule as in ordinary aggravating
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
circumstances for purposes of the application of
the ISL. (People vs. Sota, G.R. No. 203121.
Nov. 29. 2017)
● Since the nomenclature of the penalties in the
PC was used as penalties for violation of PD
1613, the rules in graduating penalties and the
consideration of attending circumstances under
the PC are applicable for violation of PD 1613.
● The aggravating circumstances (ordinary or
special) must be alleged in the Information.
Section 5: Death Results from Arson:
● Section 5 is the governing provision when death
results from arson - by reason of or on the
occasion of arson. The penalty is reclusion
perpetua to death.
● It is settled that in arson, the intent of the
offender is the burning of the property.
● Take note that the resultant death or the death
occurring by reason of or on the occasion of
arson should be "homicide"
● Thus, if the real intention of the offender was to
kill, and burning of property was used as a
means to commit the crime, the offender is liable
for murder, not arson.
Arson vs. Homicide/Murder: No Complex Crime of
Arson with Homicide:
● Clearly, in order to determine whether the crime
committed is arson only, or murder, or arson and
homicide, as the case may be, the main
objective of the accused is to be examined; if
the main objective is the burning of a property,
but death results by reason or on the occasion
of arson, the crime is simply arson, and the
resulting homicide is absorbed. (People vs.
Cacho, G.R. No. 218425, Sept. 27, 2017).
● Therefore, there is no complex crime of arson
with homicide because the crime of arson
absorbs the resultant death, otherwise, the
death is a separate crime altogether.
Burning to conceal or destroy evidence
● The crime committed is destructive arson
under Article 320 and the crime sought to be
concealed.
Section 6: Prima Facie Evidence of Arson
● Section 6 enumerates the instances or
circumstances, which, when present, give rise to
a presumption of arson.
● The attendance of any of the circumstances
constitutes a prima facie evidence of arson both
under Article 320 and under PD 1613.
● The presumption created by law is disputable.
Section 6: Prima Facie Evidence of Arson
1. If the fire started simultaneously in more than
one part of the building or establishment.
2. If substantial amount of flammable substances
or materials are stored within the building not
necessary in the business of the offender nor for
household use.
3. If gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical, chemical,
or electronic contrivance designed to start a fire.
or ashes or traces of any of the foregoing are
found in the ruins or premises of the burned
building or property.
4. If the building or property is insured for
substantially more than its actual value at the
time of the issuance of the policy.
5. If during the lifetime of the corresponding fire
insurance policy more than two fires have
occurred in the same or other premises owned
or under the control of the offender and/or
insured.
6. If shortly before the fire, a substantial portion of
the effects insured and stored in a building or
property had been withdrawn from the premises
except in the ordinary course of business
7. If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender or
for the safety of other person or property of the
victim
Section 7: Conspiracy to Commit Arson
● Conspiracy to commit arson is by itself a crime
and not merely a means to commit a crime (in
contemplation of Article 8 of the PC) because
PD 1613 specifically provides a penalty for such
conspiracy.
● Elements of conspiracy:
1. two or more persons came to an
agreement,
2. the agreement concerned the
commission of a felony, and
3. the execution of the felony was decided
upon.
Exceptional Severity Standard
● Earlier it is mentioned that the classification of
arson depends on the kind, character and
location of the property burned as the severity of
the arson also hinged on these considerations.
The penalty prescribed depends on the
classification of the arson.
● The exceptional severity standard in arson
provides that the considerations of the authors
of the law for prescribing penalties of
exceptional severity in various crimes of arson
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
should be taken into account in graduating the
penalties to be imposed.
● The penalty must be commensurate with the
degree of danger to life and property resulting
from the commission of the crime; or the degree
of criminality in the
offender's acts. (People vs. Soriano)

Stages of the crime of arson

● Attempted arson
● Frustrated arson
● Consummated arson

Concepts & Principles

● Arson is a malum in se whether prosecuted
under the RPC or PD 1613. Hence, malice is an
element of the crime.
● Although intent may be an ingredient of the
crime of Arson, it may be inferred from the acts
of the accused.
● There is a presumption that one intends the
natural consequences of his act; and when it is
shown that one has deliberately set fire to a
building or property, the prosecution is not
bound to produce further evidence of his
wrongful intent.

Concepts & Principles

● In the absence of any allegation in the
Information specifying the provision of the
Decree breached; or in the absence of any
specification in the Information on the proper
description of the property burned as to
determine the kind of arson so committed, the
accused shall be deemed to have only been
charged with simple arson under Section I of PD
1613. This is so because such construction is
favourable to the accused.
● In prosecuting arson, whether destructive or
simple, the corpus delicti rule is generally
satisfied by proof that a fire occurred and that it
was intentionally caused. (People vs. Abayon,
G.R. No. 204891, Sept. 14, 2016)

END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
SWINDLING BY A SYNDICATE
PRESIDENTIAL DECREE NO. 1689
Sec. 1: Swindling by a Syndicate/Syndicated Estafa
● The commission by a syndicate of estafa or other
forms of swindling as defined in Article 315 & 316
of the RPC which resulted in the misappropriation
of money contributed by stockholders, or members
of rural banks, cooperative, "samahang nayon(s)",
or farmers association, or of funds solicited by
corporations/associations from the general public.
Elements of Swindling by a Syndicate:
1. Estafa or Other Forms Of Swindling as defined in
Article 315 and 316 of the Revised Penal Code is
committed;
2. The Estafa or swindling is committed by a
syndicate of five or more persons; and
3. The defraudation results in the misappropriation
of moneys contributed by stockholders, or
members of rural banks, cooperatives,
"samahang nayon[s]," or farmers associations or
of funds solicited by corporations or associations
from the general public.
Standard to Determine "Syndicate":
● consists of five or more persons formed with the
intention of carrying out the unlawful or illegal
act, transaction, enterprise or scheme.
● the perpetrators of an estafa must be:
➔ comprised of at least five individuals:
➔ must have formed or managed a rural bank,
cooperative, "samahang nayon, farmer's
association or any other corporation or
association that solicits funds from the
general public.
➔ must have formed or managed such
association with the intention of carrying out
an unlawful or illegal act, transaction,
enterprise or scheme (i.e., they used the
very association that they formed or
managed as the means to defraud its own
stockholders, members and depositors).
Syndicate:
● Only those who formed or manage associations
that receive contributions from the general public
who misappropriated the contributions can
commit syndicated estafa. [Remo, et al. vs.SO.J
Devanadera, et al., G.R. No. 192925, 09
December 2016]
Deceit /Fraud
• The false representation of a matter of fact
whether by words or conduct, by false or
misleading allegations, or by concealment of that
which should have been disclosed which deceives
or is intended to deceive another so that he shall
act upon it to his legal injury.
• Fraud is deemed to comprise anything calculated
to deceive, including all acts, omissions, and
concealment involving a breach of legal duty or
equitable duty, trust, or confidence justly reposed,
resulting in damage to another, or by which an
undue and unconscientious advantage is taken of
another. It embraces all multifarious means which
human ingenuity can device and which are resorted
to by one individual to secure an advantage over
another by false suggestions or by suppression of
truth and includes all surprise, trick, cunning,
dissembling and any unfair way by which another is
cheated.
Penalty
● Imposes a graver penalty (capital punishment) of life
imprisonment to death as that imposed in the PC for
estafa
● Life imprisonment to death if committed by a
syndicate;
● Reclusion Temporal to Reclusion Perpetua if not
committed by a "syndicate" and the amount exceeds
PhP100,000.00
● RPC: (PC max. to PM min. or at most, 20 years,
depending on the amount exceeding 4.4M; post
dating a check-RT min & med.)
END
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
ANTI-ELECTRICITY PILFERAGE ACT
R.A. NO. 7832
Date of Approval: RA 7832 was approved into law on
December 8, 1994.
Unlawful or Prohibited Acts:
1. Illegal Use of Electricity (Sec. 2): and
2. Theft of Electric Power Transmission Lines and
Materials (Sec.3)
Sec. 2: Unlawful Act: "Illegal Use of Electricity":
❖ It is unlawful for any person, whether natural or
juridical, public or private, to:
➢ Tap, make or cause to be made:
■ any connection with overhead lines,
service drops, or other electric service
wires, without previous authority or
consent of the private electric utility or
rural electric cooperative concerned;
■ any connection to the existing electric
service facilities of and duly registered
consumer without the latter's or the
electric utility's consent or authority;
Sec. 2: Unlawful Act: "Illegal Use of Electricity":
➔ Tamper, install or use a:
◆ tampered electrical meter,
◆ jumper,
◆ current reversing transformer,
◆ shorting or shunting wire,
◆ loop connection,
◆ any other device which interferes with the
proper or accurate registry or metering of
electric current or otherwise results in its
diversion in a manner whereby electricity is
stolen or wasted;
Sec. 2: Unlawful Act: "Illegal Use of Electricity":
➔ Damage or destroy or allow the damaging or
destruction as to interfere with the proper or
accurate metering of electric current of:
◆ an electric meter,
◆ an electric equipment, or
◆ an electric wire or conduit
➔ Knowingly use or receive the direct benefit of
electric service obtained through any of the
above acts mentioned
Sec. 3: Unlawful Act: Theft of Electric Power
Transmission Lines & Materials:
➔ electrical power transmission line/material:
◆ refers to electric power transmission steel
towers
◆ wood poles,
◆ cables, wires, insulators,
◆ line hardwares, electrical conductors; and
◆ other related items with a minimum
voltage of sixty-nine kilovolts (69 kv),
Sec.3: Unlawful Act: Theft of Electric Power
Transmission Lines & Materials:
➔ It is declared unlawful for any person to:
◆ Cut, saw, slice, separate, split, severe,
smelt, or remove any electric power
transmission line/material or meter from a
tower, pole, or any other installation or place
of installation or any other place or site
where it may be rightfully or lawfully stored,
deposited, kept, stocked, inventoried,
situated or located, without the consent of
the owner, whether or not the act is done for
profit or gain;
Sec. 3: Unlawful Act: Theft of Electric Power
Transmission Lines & Materials:
➔ Take, carry away or remove or transfer, with or
without the use of a motor vehicle or other
means of conveyance, any electric power
transmission line/material or meter from a tower,
pole, any other installation or place of
installation, or any place or site where it may be
rightfully or lawfully stored, deposited, kept,
stocked, inventoried, situated or located without
the consent of the owner. whether or not the act
is done for profit or gain;
➔ Store, possess or otherwise keep in his
premises, custody or control, any electric power
transmission line/material or meter without the
consent of the owner, whether or not the act is
done for profit or gain; and
➔ Load, carry, ship or move from one place to
another, whether by land, air or sea, any
electrical power transmission line/material,
whether or not the act is done for profit or gain,
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
without first securing a clearance/permit for the
said purpose from its owner or the National
Power Corporation (NPC) or its regional office
concerned, as the case may be.
Sec. 4: Prima Facie Evidence: Circumstances that
May Give Rise to the Application
❖ Prima facie evidence of illegal use of electricity
by the person benefited thereby: arises when the
following circumstances are present; and the
discovery of any of said circumstances must be
personally witnessed and attested to by an officer of
the law or a duly authorized representative of the
ERB, now ERC.
➔ The presence of a bored hole on the glass cover
of the electric meter, or at the back or any other
part of said meter;
➔ The presence inside the electric meter of salt,
sugar and other elements that could result in the
inaccurate registration of the meter's internal
parts to prevent its accurate registration of
consumption of electricity;
➔ The existence of any wiring connection which
affects the normal operation or registration of the
electric meter;
➔ The presence of a tampered, broken, or fake
seal on the meter, or mutilated, altered or
tampered meter recording chart or graph, or
computerized chart, graph, or log;
➔ The presence in any part of the building or its
premises which is subject to the control of the
consumer or on the electric meter, of a current
reversing transformer, jumper, shorting and/or
shunting wire, and/or loop connection or any
other similar device:
➔ The mutilation, alteration, reconnection,
disconnection, bypassing or tampering of
instruments, transformers, and accessories;
➔ The destruction of, or attempt to destroy, any
integral accessory of the metering device box
which encases an electric meter, or its metering
accessories: and
➔ The acceptance of money and/or other valuable
consideration by any officer of employee of the
electric utility concerned or the making of such
an offer to any such officer or employee for not
reporting the presence of any of the
circumstances above-enumerated; or
❖ Action upon discovery and witnessing of a
prima face evidence of illegal use of electricity:
➔ immediate disconnection by the electric utility to
a person benefitted by said circumstances after
due notice,
➔ holding of a preliminary investigation by the
prosecutor and the subsequent filing in court of
the pertinent information,
➔ lifting of any temporary restraining order or
injunction which may have been issued against
a private electric utility or rural electric
cooperative.
❖ Prima facie evidence that line/material is the fruit
of the offense Theft of Electric Power
Transmission Lines & Materials:
➔ the possession or custody of electric power
transmission line/material by any person, natural
or juridical, not engaged in the transformation,
transmission or distribution of electric power, or
in the manufacture of such electric power
transmission line/material
❖ Action upon discovery and witnessing of prima
facie evidence of theft of electric power
transmission lines & materials:
➔ such line/material may be confiscated from the
person in possession, control or custody thereof.
❖ The prima facie presumption that will authorize
immediate disconnection will arise only upon the
satisfaction of certain requisites.
❖ One of these requisites is the personal
witnessing and attestation by an officer of the
law or by an authorized ERB representative
when the discovery was made. [Meralco vs. Vda.
De Santiago, GR No. 170482, September 4, 2009;
Meralco vs. Castillo, GR No. 182976, January 14,
2013]
Sec.4: Prima Facie Evidence: Witnesses to the
Discovery
❖ The presence of government agents who may
authorize immediate disconnections go into the
essence of due process.
❖ Indeed, the electric utility cannot be allowed to
act virtually as prosecutor and judge in imposing
the penalty of disconnection due to alleged
meter tampering. That would not sit well in a
democratic country. After all, the electric utility
derives its power from the government (issuance
of franchise). Clothing it with unilateral authority
to disconnect would be equivalent to giving it a
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
license to tyrannize its hapless customers.
/Meralco vs. Castillo, GR No. 182976, January
14, 20131
Sec. 6: Right of Electric Utilities:
● Immediate disconnection of electric service;
● Deny restoration of electric service;
Sec. 6: Right of Electric Utility: Disconnection of
Electric Service
❖ The right to immediately disconnect electric
service, without need of court or administrative
order, maybe exercised only under the following
conditions:
➢ prior service of a written notice or
warming to that effect;
➢ the owner of the house or establishment
concerned or someone acting in his behalf
shall have been caught en flagrante
delicto doing any of the acts constituting
prima facie evidence of illegal use of
electricity:
➢ the discovery of the prima facie evidence or
catching the offender en flagrante delicto
must have been personally witnessed and
attested to by an authorized officer of the
law the duly authorized representative of
the ERC.
❖ The right to immediately disconnect electric
service, without need of court or administrative
order, maybe exercised only under the following
conditions:
➢ when any of the circumstances constituting
prima facie evidence of illegal use of
electricity shall have been discovered for
the second time, provided a written notice
or warning shall have been issued upon the
first discovery.
❖ The written disconnection notice required
must specifically state as reason for
disconnection the fact of discovery of the
prima facie evidence of illegal use of
electricity.
Sec. 6: Right of Electric Utility: Disconnection of
Electric Service: En Flagrante Delicto
❖ In flagrante delicto means "(i]n the very act of
committing the crime."
❖ To be caught in flagrante delicto, therefore,
necessarily implies positive identification by the
eyewitness or eyewitnesses. Such is a "direct
evidence" of culpability, or "that which proves
the fact in dispute without the aid of any
inference or presumption."
❖ Section 6 of R.A. No. 7832 which provides that a
private electric utility or rural electric cooperative
can immediately disconnect electric service after
prior notice when the consumer or his
representative is caught in flagrante delicto. [Go
vs. Leyte Electric Coopertive, GR No. 176909,
February 18, 2008]
❖ However, if the alleged offender was not present
during the inspection, it was impossible for said
alleged offender to have been caught in the act
of committing an offense considering
❖ The presence of a broken seal and a shunting
wire in the electric meter will not suffice to
support a finding that the alleged offender was in
flagrante delicto. Such circumstances merely
operate as prima facie evidence of illegal use of
electricity under Section 4 of R.A. No. 7832.
❖ Absent a finding of in flagrante delicto, there is
no basis for the immediate disconnection of
electric service under Section 6 of R.A. No.
7832.[Go vs. Leyte Electric Coopertive, GR No.
176909, February 18, 2008]
Sec. 6: Right of Electric Utility: Disconnection of
Electric Service
❖ Immediate disconnection of electric service
maybe prevented by or restoration can be
availed of:
➢ upon the deposit of the amount representing
the differential billing by the person denied
the service, with the private electric utility or
rural electric cooperative concerned or with
the competent court,
❖ If the court finds that illegal use of electricity
has not been committed:
➢ the amount deposited shall be credited
against future billings, with legal interest,
chargeable against the electric utility; and
➢ the electric utility shall be made to
immediately pay such person double the
value of the payment or deposit with legal
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
interest, which amount shall likewise be
creditable against immediate future billings,
➢ without prejudice to any criminal, civil or
administrative action that such person may
be entitled to file under existing laws, rules
and regulations.
❖ If the court finds the same person guilty of
illegal use of electricity:
➢ upon final judgment, be made to pay the
electric utility concerned double the value of
the estimated electricity illegally used which
is referred to in this section as differential
billing.
Sec. 6: Differential Billing:
● the amount to be charged to the person
concerned for the unbilled electricity illegally
consumed by him as determined through the
use of methodologies which utilize, among
others, as basis for determining the amount of
monthly electric consumption in kilowatt-hours to
be billed.
Sec. 6: Penalties:
● Illegal Use of Electricity (Sec. 2):
○ prision mayor or a fine ranging from PI0,000
to P20,000 or both, at the discretion of the
court.
● Theft of Electric Power Transmission Lines &
Materials (Sec. 3):
○ reclusion temporal or a fine ranging from
P50,000 to P100,000 or both at the
discretion of the court.
● The penalty one (1) degree higher than the
penalty provided for the unlawful act:
○ On the officer or employee of a power utility
or cooperative, if the unlawful acts are
committed in connivance with them.
○ If any of the acts under Sec. 4
(circumstances giving rise to prima facie
evidence of violation) along with the
commission of any other unlawful acts under
the law.
● Liability of electric utility:
○ shall have knowingly permitted or having
knowledge of its commission shall have
failed to prevent the same, or
○ was otherwise guilty of negligence in
connection with the commission thereof,
○ liable to pay a fine not exceeding triple the
amount of the 'differential billing' subject to
the discretion of the courts.
● If committed by a juridical person, the
penalty shall be imposed:
○ on the president, manager and each of the
officers thereof; and
○ that they shall have knowingly permitted,
failed to prevent; or
○ that they are otherwise responsible for the
commission of the offense
Sec. 9: Restriction on the Issuance of Restraining
Orders or Writs of Injunction:
❖ General Rule: no writ of injunction or restraining
order shall be used by any court against any private
electric utility or rural electric cooperative exercising
the right and authority to disconnect electric service
as provided in the Act.
❖ Exception:
➔ when there is prima facie evidence that the
disconnection was made with evident bad faith
or grave abuse of authority; or
➔ when, even in the absence of bad faith or grave
abuse of authority, the electric consumer
deposits a bond with the court in the form of
cash or a cashier's check equivalent to the
differential billing. [Go vs. Leyte Electric
Coopertive, GR No. 176909, February 18, 2008]
❖ Court issued injunction or restraining order:
➔ effective only upon the filing of a bond with the
court, in the form of cash or cashier's check
equivalent to the "differential billing," penalties
and other charges, or to the total value of the
subject matter of the action.
➔ automatically be refused or, if granted, shall be
dissolved upon filing by the public utility of a
counterbond similar in form and amount as that
above required.
➔ The court issuing it shall, within 10 days from its
issuance, submit a report to the Supreme Court
 SPECIAL PENAL LAWS
From the lectures of Judge Gidget Rose Duque
setting forth in detail the grounds or reason for
its order.

END