Neil Borja

Niel Neil Borja

Carlos Cuna

SPECIALPENALLAWS
Criminal Law

I I
R. Anti- Terrorism Act of 2020 - R.A. No. 11479
USERS' GUIDE NOTE: R.A. No. 11479 is not part of the
202Q Bar Syllabus. It is included herein for
comparison with RA No. 9372.

NOTE FOR THE USER:
This portion of the Memory Aid discusses the
following Special Penal Laws (SPLs} which are
presented in this order:
I. SPLS COVERED BY THE 2020 BAR
SYLLABUS
A. New Anti Carnapping Act of 2016 - R.A. No.
10883
B. Anti-Electricity and Electric Transmission
Lines Material Pilferage Act of 1994 - R.A.
No. 7832
C. The Philippine Fisheries Code of 1998 -
RA No. 8550, as amended by R.A. No.
10654
D. Anti-Fencing Law of 1979 - P.D; No. 1612.
E. Bouncing Checks Law- B.P. Big. 22
F. Syndicated Estafa - P.D. No. 1o.89
G. Migrant Workers and Overseas Filiginos Act
of 1995 - R.A. No. 8042, as..amended by
RA No. 10022
H. Anti-Illegal Number Games Law - P.D. No.
0
1602, as amended by RA No. 9287
I. Comprehensive Firearms and Ammunition
Regulation Act - R.A. No. 10591
J .. Anti-Hazing Act of 2018L. RA. No. 8049, as
amended by R.A. No. 11053 · '
(See· page 460 for Anti-Terrorism Act of
2020 and Human Security Act Of 2007,
Distinguished)
S. Human Security Act of 2007 - R.A. No. 9372
T. The Terrorism, Financing Prevention and
Suppression Act of 2012 - R.A. No. 10168
U. Anti-Wiretapping Law - R.A. No. 4200
V. Cybercrime Prevention· Act of 2012 - R.A.
No. 10175
W. Anti-Child Pornography Act of 2009 - R. A.
No. 9775
X. Anti-Photo and Video Voyeurism Act of
2009 - RA No. 9995.
.'(. Anti-Sexual Harassment Act of 1995 - R.A.
No. 7877.
Z.. ,l\nti,-Trafficking in Persons Act of 2003 -
RA No. 9208, as amended by R.A. No.
10364
AA,Ario>Jiolep~e Against Women and their
,Children:Act:of 2004 - R.A. No. 9262
BB. Spedal Prptection of Children Against
Abuse,.E;xploitation, and .Discrimination Act
- RA Np.Z61(i)
CC.Safe Spaces Act- RA No. 11313
DD.O.ata Priyacy Act of 2012 - R.A. No. 10173
',

K. Comprehensive Dangerous Drugs Act of 11. OTHER SPLS Rl;-LATED TO THE REVISED
2002 - RA No. 9165, as amended by RA. PENAL CODE
No. 10640 A. ·SPL~ relatedlo RPC in general:
L. Code of Conduct and Ethical Standards for 1. . Act Pmtiibiting the Imposition of Death
Public Officials and Employees :__~.A. No. Penalty in the Philippines - R.A. No.
6713 . 9346
M. Anti-Graft and Corrupt Practrces Act - R.A. 2. Act Establishing Prescriptive Periods for
No. 3019, as amended >Violations of Special Laws and
N. Anti-Plunder Act - R.A. No. 7080, as Municipal Ordinances, as amended by
amended by RA No. 7659 Act No. 3326.
0. Anti-Money Laundering Act of 2001 - RA
No. 9160 as amended by R.A. No. 9194 and NOTE: Juvenile Justice and Welfare Act
RA No. 10365 of 2006 (R.A. No. 9344), as amended by
P. Obstruction of Justice Law - P.D. No. 1829 R.A. No. 10630, Indeterminate
Q. Anti-Torture Act of 2009- RA No. 9745. Sentence Law (ISLAW) (Act No. 4103),

DOHN ALFRED E. AQUILIZAN, Over-All Chairperson I NICHOLE VANE B. SANTOS, Chairperson for Academics I RONALYN A.
GACULA, Ad Hoc Director for Bar Matters I MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance IJUAN INIGO S. MIGUEL,
Vice Chairperson for Operations I ALISSA MARIE D.C. DELOS SANTOS, Vice Chairperson for Audit I CORINA R. TAMPUS, Vice
. Chairperson for Secretariat I ARVY KEITH N. CHUNG, Vice Chairperson for Logistics I ANTONIO JUN-JUN C. MANALIGOD IV, Vice
Chairperson for Membership IJORDAN N. CHAVEZ, Vice Chairperson for Electronic Data Processing

YVEZZA KAMELE M. GUMAP AC, Subject Chair I KIRSTIE MARIE B. SALDO, Assistant Subject Chair I ISABELLE GLORIA I.
VILLENA, Subject Electronic Data Processing ISUBJECT HEADS: JUDEA ARA T. BA GT ANG and CLARICE J. ANDAYA, Criminal Law
I I GERALDINE MARIE FRANCES B. VELASCO and ANGELA MICHAELLA S. YUMUL, Criminal Law II I KATE BERNADETTE T.
MADAYAG, Special Penal Laws I

JERK ENRIC C. ALCAIDE, JERENEL MAE 0. RENDON, CHANTAL MARIES. SANGGALANG, ANDREA MAE T. BANADER0 1
JEROME L. LEANO, MA. ANGELIKA C. ALVARADO, ROMAVAIL ANGELIE F. ORCULLO, DANA JEUZEL S. MARCOS,
.ROCHELLE S. ENRILE and JOSE LORENZO B. VILLAVERT

Justice BERNELITO R. FERNANDEZ,Judge GINA M. BIBAT-PALAMOS, Atty. LYAN DAVID M.JUANICO, and
Atty. RYANS. MERCADER

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San Beds Unlwrsify COilege
AID
of Law - RGCTBat Operations Center
as amended by Act No. 4225 and R.A.
No. '4203, and Probation Law of 1976
(P.O. No. 968), as amended by R.A. No.
10707 are fully discussed under Book
One of this Memory Aid.
(Refer to Criminal Law I part for full discussion. See
pages 45, 120, 123 respectively)
B. SPLs related to crimes punished under
Book Two of the RPC (presented per Title):
1. Title One: Crimes against national
security and the law of nations
a. Anti-Piracy and Anti-Highway
Robbery Law of 1974 - P.O. No.
532
b. Anti-Hijacking Law - R.A. No. 6235.
c. Philippine Act on Crimes Against
International Humanitarian Law,
Genocide, . and Other Crimes
Against Humanity - R.A. No. 9851
2·. Title Four: Crimes against public interest·
Anti-Alias Law- R.A. No. 6085.
3. Title Six: Crimes against public mo~als
a. Anti-Gaml51ingAct - P.O. No.160-2,
as amended by R.A. No. 9287
b. An Act Decriminalizing Vagrancy -
R.A. No.10158 . .
4. Title Seven: Crimes committed by public
officers ··
An Act Declaring Forfeiture in f~vor of
the State Any Property Found to Have
Been Unlawfully Acquired by An/Public.
Officer or Employee and Providing for
the Proceedings Therefor 7' R.A. No.
1379 ,.
5. Title Ten: Crimes against propeny
a. Anti-Arson Law- P.O. No. 1613, as
amended by P.O. No. 1744.
b. Trust Receipts Law- P.D, No. 115
6. Title Twelve: Crimes against the civil
status of persons
An Act Repealing the Crime of
Premature Marriage Under Art. 351 of
the RPC - R.A. No. 10655
7. Title Thirteen: Crimes against honor
Guidelines in the Observance of a Rule
of Preference in the Imposition of
Penalties in Libel Cases
Administrative Circular 08-2008
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I SPECIAL PENAL LAws I
They are laws that define and penalize crimes not
included in the RPC; they are of a nature different
from those defined and punished in the RPC
(BOADO, Notes and Cases on Special Penal Laws
(2019), p.1 [hereinafter BOADO, SPLJ).
MALA IN SE, MALA PROHIBITA
DISTINGUISHED
A common misconception is that all ma/a in se
crimes are found in the RPC, while all ma/a prohibita
crimes are provided by special penal laws. In reality,
however, there may be ma/a in se crimes under
special laws, such as plunder under R.A. No. 7080,
as amended. Similarly, there may be ma/a prohibita
crimes defined in the RPC, such as technical
malversation. The better approach to distinguish
between ma/a in se and ma/a prohibita crimes is the
. . ,,...••
determination of the inherent immorality or vileness
.it.tiof the penalized act. If the punishable act or omission
:i:,'1.§.;.if;J;l{l;)pral
ifi•~tself,then it is a crime ma/a in se; on
oort-;'
···· ftie i{ it is not immoral in itself, but there is
a statute prQwt:>itingits commission by reasons of
public polici, j~n it is ma/a prohibita. In the final
analysis, whether or not a crime involves moral
turpitude :is :ultirtiately a question of fact and
frequent!,· depen~s on all the circumstances
·· · · ion of the statute (Dungo v.
464, July 1, 2015).
ANTI-CARNAPPING
:;·{{1:N&w
ACTOF2016
REPUBLIC ACT NO. 10883
Approved on: July 17, 2016
Effectivity Clause: This Act shall take effect fifteen
(15) days after its publication in the Official Gazette
or in two (2) newspapers of general circulation,
whichever comes earlier (R.A. No. 10883, Sec. 23).
Topics related to: Crimes Against Property
DEFINITION OF TERMS (Sec. 2)
Motor Vehicle
It is any vehicle propelled by any power other than
muscular power using the public highways, except
road rollers, trolley cars, street sweepers, sprinklers,
lawn mowers, bulldozers, graders, forklifts,
amphibian trucks, and cranes if not used on public
highways; vehicles which run only on rails or tracks;
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and tractors, trailers and traction engines of all kinds
used exclusively for agricultural purposes (Par. e).
NOTE: Trailers having any number of wheels, when
propelled or intended to be propeHed by attachment
a
to motor vehicle, shall be classified as a separate
motor vehicle with no power rating (Id.).
Defacing orTampering with a Serial Number
It is 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 (Par. b).
NOTE: 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 (Id.). '
Dismantling
It is the act of tearing apart, piece~by-piece or part-
by-part, of a motor vehicle (Par. c). •· ·
·"-·
Identity Transfer
It is the act of transferring · the engine number,
chassis number, body tag number, plate number,
and any other identifying marks· of a motor vehicle
declared as "total wreck" or is beyond economic
repair by concerned car insurance companies and/or
law enforceme.nt agencies after:if$ ii,volvement in a
vehicular accident or other incident a11dregisters the
same into another factory-made body or vehicle unit,
of the same classification, type, make ormodel (Par,
d).
Overhauling
It is the cleaning or repairing of the whole engine of
a motor vehicle by separating the motor engine anq
its parts from the body of the motor vehicle (Par. f).
Repainting
It is the act of changing the color of a motor vehicle
by means of painting (Par. g).
There is painting whenever the new color of a motor
vehicle is different from its color registered in the
Land Transportation Office (LTO).
Remodeling
It is the introduction of some changes in the shape
or form of the body of the motor vehicle (Par. h).
Second Hand Spare Parts
refer to the parts taken from a carnapped vehicle
used in assembling another vehicle (Par. i).
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·SPECIALPENALLAWS
Criminal Law
Total Wreck
refers to the state or status of a motor vehicle after a
vehicular accident or other incident, so that it is
rendered in operational and beyond economic repair
due to the extent of damage in its body, chassis and
engine (Par. j).
Unlawful Transfer or Use of Vehicle Plates
It 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 (Par. k).
Carnapping
It is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter's consent, or
by means of violence against or intimidation of
persons, or by using force upon things (Sec. 3).
ELEMENTS OF CARNAPPING:
{TIB:COVIF)
1. That there is anactual !aking of the vehicle;
Nff'{E: Ttie unlawful taking is deemed complete
the rnoment the offender gains possession of the
thing, even if tie .had no opportunity to dispose
of the same (People v. Gutierrez, G.R. No.
100699, July ti, 1~96).
2. That the offender !ntends to gain from the taking
of the.vehicle;
3. Th~t the vehicle §elongs to a person other than
the offender hims'elf;
4. ThaUhe taking is without· the Consent of the
own.erthereof; or that the taking was committed
by means of~iolence against or Intimidation of
persons, or .by using .Eorce upon things (People
v. Garcia, G.R. No. 138470, April 1, 2003).
NOTE: 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. Actual
possession of the property by ·the person
dispossessed suffices (Id.).
Denial of Bail When the Evidence of Guilt is
Strong
Any person charged with carnapping or when the
crime of carnapping is committed by criminal groups,
gangs or syndicates or by means of violence or
intimidation of any person or persons or forced upon
things; or when the owner, driver, passenger or
occupant of the carnapped vehicle is killed or raped
in the course of the carnapping shall be denied bail
when the evidence of guilt is strong (Sec. 3).
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ME~O~YAID
San Seda UniveraityCollege of Law - RGCTBar Operations Center
PENAL TY FOR CARNAPPING (Sec. 3):
Irrespective of the value of the motor vehicle taken:
1. Imprisonment for not less than twenty
(20) years and one (1) day but not more
than thirty (30) years
When the carnapping is committed without
violence against or intimidation of persons, or
force upon things;
2. Imprisonment for not less than thirty (30)
years and one (1) day but not ·more than
forty (40) years
When the carnapping is committed by
means of violence against or intimidation of
persons: or force upon things;
3. Life imprisonment
When the owner, driver, or occupant of the
carnapped motor vehicle is killed or raped in the
commission of the carnapping.
NOTE: When the owner, driver, or occupant of
the carnapped motor vehicle is killed in the
commission of the carnapping, the penalty of life
imprisonment to death shall be imposed (Sec.
14).
OTHER PUNISHABLE ACTS AND THEIR
PENALTY:
1. Concealment of Carnapping
Imprisonment of six (6) years up to twelve
(12) years and a fine equal to the amount of the
acquisition cost of the motor vehicle, motor
vehicle engine, or any other part involved in the
violation (Sec. 4).
2. Failure to register the vehicle engine,
engine block and chassis with the LTO
Motor vehicle engines, engine blocks and
chassis not registered with the LTO shall be
considered as a carnapped vehicle, an untaxed
importation or coming from illegal source and
shall be confiscated in favor of the government
(Sec. 6).
3. · Failure to register the sale, transfer,
conveyance of a motor vehicle or the
substitution or replacement of a motor
vehicle engine, engine block or chassis
Shall be presumed as a carnapped vehicle,
an untaxed- imported vehicle, or a vehicle
proceeding from illegal sources unless proven
otherwise and shall be confiscated in favor of the
government.
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4. To deface or otherwise tamper the
original or registered serial number of
motor vehicle engines, engine blocks or
chassis (Sec. 14).
5. Identity Transferring (Sec. 15).
6. Transfer of Vehicle Plate (Sec. 16).
7. Sale of Second-hand Spare Parts taken
from a carnapped vehicle (Sec. 17).
NOTE: If the person violating any provision of this
Act is a juridical person, the penalty herein provided
shall be imposed on its president, secretary, and/or
members of the board of directors or any of its
officers and employees who may have directly
participated in the violation (Sec. 4, Par. 1).
Any public official or employee who directly commits
the unlawful acts defined in this Act or is guilty of
gross negligence of duty or connives with or permits
·· the commission of unlawful acts shall:
; / 1.,,.., Suffer th~ penalty prescribed;
· ·· 2t;Sf3dis~ed from the service;
3. B~neflts forfeited; and
4. PermanE.'ntl,ydisqualified from holding public
office (Sec. 4, Par. 2).
ANTI-Kl.ECTRICITY AND
EL:e:crmc TRANSMISSION
) ;j;L __ LINES MATE~S
. -- 1 ,,,1t·:~JWERAGE ACT OF 1994
REPUBLIC ACT NO. 7832
Approved: December 8, 1994
Effectivity Date: January 17, 1995
PUNISHABLE ACTS:
1. Illegal Use of_Electricity (Sec. 2)
It is hereby declared unlawful for any
person, whether natural or juridical, public or
private, to: (OvET-DU)
a. 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;
b. Tap, make or cause to be made any
connection to the gxisting electric service
facilities of any duly registered consumer
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without the latter's or the electric utility's
consent or authority;
c. Tamper, install or use a tampered electrical
meter, jumper, current reversing
transformer, shorting or shunting wire, loop
connection or 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;
d. Qamage or destroy an electric meter,
equipment, wire or conduit or allow any of
them to be so damaged or destroyed as to
interfere with the proper or accurate
metering of electric current; and
e. Knowingly yse or receive the direct benefit
of electric service obtained through any of
the acts mentioned in subsections (a), (b),
(c), and (d) above.
2. Theft of Electric Power Transmission
Lines and Materials (Sec. 3) , ·
It is hereby declared unlawful for any person
to: (CT-Pol)
a. Cut, saw, slice, separate, sptit, 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 ot~r place or site
where it may be rightfully or lawfully stored,
deposited, kept, . stocktd, • inv~ntoried,
situated or located i without the consent of
·the owner, whether ornot the act isdone for
profit or gain; . _
b. Take, carry away or remove orJransfer, with
or without the use of a motor vehicle or other
means of conveyance, -~nyelectric power
transmission line/material or meter from a
tower, pole, any other installation of pl~ce of
installation, or any place or site where 1tmay
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;
c. 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
d. 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, without first securing a the owner or his/her representative to suffice,
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.
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Neil Borja
SPECIALPENALLAWS
Criminal law
PRIMA FACIE EVIDENCE (Sec. 4):
(BS-Co T 2-MAC)
1. The presence of any of the following
circumstances shall constitute prima facie
evidence of illegal use of electricity by the
person benefitted thereby:
a. The presence of a I!ored hole on the glass
cover of the electric meter, or at the back or
any other part of said meter;
b. The presence inside the electric meter of
§.alt; 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;
c. The existence of any wiring Connection
which affects the normal operation or
registration of the electric meter;
d. The presence of a Iampered, broken, or
fake seal on the meter, or mutilated, altered
or tampered meter recording chart or graph,
or computerized chart, graph, or log;
e. The.presence in any part of the building or
its· prem'is.eswhich is subject to the control
of the consumer or on the electric meter, of
a current' reversing Iransformer, jumper,
1:,horti~g--
andfor shunting wire, and/or loop
connection orany other similar device;
f. The .Mµtilatior'j, alteration, reconn~ction,
disconnection, bypassing or tampering of
instruments, transformers, and accessories;
g. The destruction of, or attempt to destroy,
any integral !ccessory of the metering
device.box which encases an electric meter,
or its metering' accessories; and .
h. The acceptamce of money and/or other
valuable £cinsideration by any officer of
employee of the electric utility concerned or
the_making of such an offer to any such
office~ or employee for not reporting the
presence of any of the. circumstances
enumerated: Provided, however, That the
discovery of . any of the foregoing
circumstances, in order to constitute prima
facie evidence, must be personally
witnessed and attested to by an officer of the
law or a duly authorized representative of
the Energy Regulatory Board (ERB).
NOTE: Section 4(a)(viii) clearly states that for
the prima facie evidence to apply, the discovery
"must be personally witnessed and attested to
by an officer of the law or a duly authorized
representative of the Energy Regulatory Board
(ERB)." Had the law intended th~ presenc~ of
then it should have said so (Quisumbing v.
Mera/co, G.R. No. 142943, April 3, 2002).
The prima facie presumption applies to the
person benefitted by the illegal use of electricity,
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MEK-0.:RY
AlD
San 8eda UniverseyCollegeof Law • RGCTBar OperationsCenter
and that is, the actual electric consumer and not
the registered customer.
Illustration: X has b.een renting the building of
Y for 10 years. The electric meter of Mera/co that
has been recording the electricity consumption ·
in the rented building is registered in the name
of Y. Mera/co employees and ERB
representatives discover the presence of salt
inside the electric meter, which results in the
inaccurate registration of the meter's internal
parts to prevent its accurate registration of
consumption of electricity. This circumstance
gives rise to prima facie.presumption that X, the
actual consumer of the electricity in the rented
building, is illegally using electricity.
2. 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 shall be prima faci~
evidence that such line/material is the fruit of the
offense of theft of electric power lines and
transmissions.
DISCONNECTION OF ELECTRIC-
SERVICE
Immediate disconnection
The private electrical utility or rural electric
cooperative concerned shall have the right and
authority to disconnect lmmedtately the electric
service without the need of a court or administrative
order if the following requisites are present: (CAN) ·
1. The owner of the house or establishment
concerned or someone acting in his .behalf shall
have been .9_aughtin f/agrante de/icto doing any
of the acts constituting prima facie evidence of
illegal use of electricity or when any of the
circumstances shall have been discovered for
the second time;
2. The discovery of any of the circumstances
constituting prima facie evidence must be
personally witnessed and Attested to by an
officer of the law or a duly authorized
representative of the ERB; and
3. Written Notice or warning of disconnection must
be served to the owner of the house or
established concerned. If the basis of
disconnection is discovery for the second time of
any of the circumstances, a written notice or
warning must be issued upon the first discovery
(Sec. 6).
NOTE: A public utility has the imperative duty to
make a reasonable and proper inspection of its
apparatus and equipment to ensure that they do not
malfunction and the due diligence to discover and
repair the defects therein. Failure on its part to detect
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the extended unusual pattern in the recorded electric
consumption clearly demonstrates gross negligence
on its part and palpable violation of its duty "to make
a reasonable and proper inspection of its apparatus
and equipment to ensure that they do not
malfunction, and the due diligence to discover and
repair defects therein. Failure to perform such duties
constitutes negligence." The court cannot sanction
the petitioner's utter neglect of its duty over a number
of years as this would undoubtedly be detrimental to
the interest of the consuming public (Davao Light
and Power Co., Inc. v. Pena and Ramos, G.R. No.
129807, December 9, 2005).
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 auttiority to disconnect electric service
(Sec. 9).
EXCEPTIONS:
1. There is prima facie evidence that the
disconnection was made with evident bad faith
or grave abuse of authority; and
. 2. Even in the absence of bad faith or grave abuse
{cc.:iiotay\h.~ty, the electric consumer deposits a
bonct·wltl:\ the court in the form of cash or
cashier's 'check equivalent to the differential
billing (Go V; Leyte II Electric Cooperative, Inc.,
G.R. No. 176909, February 18, 2008).
There can be no quibbling that the ERB may
investig~::caflt:•ee~rtain the propriety of the
disconnecitlorirdueto an alleged violation of RA No.
7832. Necessarily, in the course of investigation, the
!=RS may, if factually and legally justified, order the
. el'~cservice provider to reconnect the consumer's
·'p8~&r'itsufj'ply and resume service. Compelling
complaining consumer to still go to court to secure,
if proper, a reconnection order, would be reading into
RA.No. 7832 something not written therein. In any
event, Section 9 speaks of restraining orders or writs
of injunction against the exercise by an electric
provider of its right and authproty "to disconnect"
electric service (Manila Electric Company v. Energy
Regulation Board, G.R. No. 145399, March 17,
2006).
The ERB is endowed with the authority to hear and
adjudicate complaints for reconnection of electric
service and to grant provisional or ancillary relief
during the pendency of the main action (Manila
Electric Company v. Energy Regulation Board, G.R.
No. 145399, March 17, 2006).
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THE PHILIPPINE
FISHERIES CODE OF 1998
REPUBLIC ACT NO. 8550,
AS AMENDED BY
3. Failure to Secure Fishing Permit Prior to
REPUBLIC ACT NO. 10654
Approved on: February 25, 1988
Amended: February 27, 2015
Effectivity Date I Clause:
R.A. No. 8550 - June 23, 1998
R.A. No. 10654 - This Act shall take effect fifteen
(15) days after its complete publication in at least
two (2) newspapers of general circulation (R.A. No.
10654, Sec. 24).
PUNISHABLE ACTS:
1. Unauthorized Fishing (Sec.,86)
a. It shall be unlawful for any,person.tocapture
or gather or to cause the capture or
gathering of fish, fry. or ~ngerling~ of any
fishery species· or fishery products without
license or permit fr,om the Department or
LGU (Par. 1).
'.fhe discovery of any person in possession
of a fishing gear or operating a fishing vessel
in a fishing area where he has no m~enseor
permit shall constitute a prlma facie
presumption that the person is engaged in
unauthorized fishing. However, fishing for
4, Unreported Fishing (Sec. 89)
daily food sustenance or for leisure. which ,is
not for commercial, occupation or 1iveiihOOd
purposes may be allowed (Par. 3).
•,.
The prima facie presumption will not apply if
the gear of the vessel is not engaged in
fishing or deployed, or in cases of authori?ed
and supervised sea and net trials (Rule 86. 3, ·
/RR).
b. It shall be unlawful for any person not listed
in the registry of municipal fisherfolk to
engage in any commercial fishing activity in
municipal waters (Par. 6).
2. Engaging in Unauthorized Fisheries
Activities (Sec. 87)
It shall be unlawful for any person to exploit,
occupy, produce, breed or culture fish, fry or
fingerlings of any fishery species or fishery
products or construct and operate fish corrals,
fish traps, fish pens and fish cages or fishponds
without a license, lease or permit (Par. 1).
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The discovery of any person engaging in any of
the above activities without a lease, license or
permit shall constitute a prima facie presumption
that the person is engaged in unauthorized
fisheries activity (Par. 2).
Engaging in Distant Water Fishing (Sec.
88)
a. It shall be unlawful for any person to fish in
the high seas, in the territorial seas,
archipelagic waters, and Exclusive
Economic Zones of other states using a
Philippine flaggedfishing vessel without first
securing a fishing permit from the
Department and authorization from the
coastal state (Par. 1).
The discovery of any person in possession
. of a fishing gear or operating a fishing vessel
· in the abovementioned areas without a
fishing permit from the Department or
authorization from the coastal state shall
· · constitute'a prima facie presumption that the
person is in, violation of this provision (Par.
2).
b. It shall be t.mlawful for an owner or operator,
and the three (3) highest officers, of a
commercial fishing vessel ta commit acts
that are, in contravention of the terms and
conditioni;; stat~d in the fishing permit or as
may be promulgated by the Department
(Par. 3).
ft shall be unlawful for any person to engage
in .unreported fishing or to fail to comply with the
. reporto'rial requirements (Par. 1).
R~portorial Requirements
Each commercial fishing vessel shall keep a
daily record of fish catch and spoilage, landing
points, and quantity and value of fish caught,
and off-loaded for transshipment, sale and/or
other disposal. Detailed information_shall be duly
certified by the vessel's captain and transmitted
to BFAR within the period prescribed (Sec. 38).
The recording of catches shall be accomplished
on a daily basis in accordance wi~h the format of
the Catch Documentation System. Records shall
be made available to any authorized fisheries
officer or observer, at any time upon demand,
during and after each fishing operation. A
summary of the records shall be transmitted
manually on a quarterly basis to DA-BFAR
(Implementing Rules and Regulations of
Republic Act No. 10654, Rule 38. 2 [hereinafter
!RR of R.A. No. 106541).
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5. Unregulated Fishing (Sec. 90)
Unregulated Fishing is a fishing activity
conducted by: (NPC)
a. Vessels without Nationality but operated by
Filipino and/or Filipino corporation;
b. Philippine flagged fishing vessels operating
in areas managed by Regional Fisheries
Management Organizations (RFMO) to
which the Philippines is not a farty to; or
c. Philippine flagged fishing vessels operating
. in areas or fish stocks where there are no
applicable ~onservation and management
measures (Par. 87).
6. Poaching in Philippine Waters (Sec. 91)
It shall be unlawful for any foreign person,
corporation or entity to fish or operate any fishing
vessel in Philippine waters (Par. 1).
GENERAL RULE: The entry of any foreign
fishing vessel (FFV) in the Philippine waters
shall constitute a prima facie presumption that
the vessel is engaged in poaching in Philippine
waters under the following circumstances:
a. Entry of an FFV into Philippine waters under
the following circumstances: (DIN-IF)
i. Navigating with its fishing gear
Qeployed and/or not stowed;
ii. Navigating with an !rregular track or
route;
iii. Navigating through Philippine territorial
waters without prior Noticeto, clearance
of, or permission from the appropriate
Philippine authority;
iv. Navigating in a manner that does not
qualify as !nnocent passage nor
navigating outside traditional routes or
in identified fishing grounds; or
v. Navigating without flying lts national
flag.
b. When an FFV is found within Philippine
waters: (CIF)
i. · Under the ~ircumstances enumerated
in the previous paragraph;
ii. Lying-to or anchoring without any valid
reasons or circumstances that may
!ndicate the existence of force majeure,
distress, or for the purpose of rendering
assistance to persons, ships or any sea
craft that is endangered or in distress;
iii. Lying-to, anchoring at, or anchoring
near to or within known fishing grounds
or marine protected areas.
c. When an FFV, after having been inspected
within Philippine waters, in accordance with
the procedures set forth in this IRR, is found
to contain freshly caught fish, corals or
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mollusks, on deck or in storage (/RR of R.A.
No. 10654, Rule 91.1).
EXCEPTIONS: The following are considered
exceptions to the prima facie presumption of the
existence of poac~ing: (IN-S2AG)
a. Exercise of right of !nnocent passage by an
· FFV, provided that the FFV has secured
entry clearance from the Department of
Foreign Affairs (DFA) or its duly designated
agency before entering Philippine territorial
waters, and notified the Bureau of
Immigration {Bl) and DA-BFARof the name
of the vessel, its registry number, it~ last port
of call, the names of its skipper and all its
crew and their nationalities;
b. Passage for purposes of dry docking,
servicing, or unloading of catch by foreign
flagged catcher ves!;,els, provided, the 24-
hour prior entry Notification shall be
complied with in accordance with Port State
Measures;
c. In case of duly authorized marine §.cientific
research using an FFV;
.·d. An FfV taking §.helter or having been drifted
in Philippine waters as a result of force
majeure or distress;
e. An :FfV entering Philippine waters for
reason Qf rendering Assistance to persons,
ships:or aircraft in danger or distress; and
f. In case of duly organized and established
§ame or\. leisure fishing conducted by
;rf~~$:\t,.i9nals.
In cases falling under {d) and (e), the FFV is
required to issue distress signal/call or notify the
t.q!J)petent authority prior to entry in Philippine
'waters (/RR of R.A. No. 10654, Rule 91.2).
7. Fishing Through Explosives, Noxious or
Poisonous Substance, or
Electricity
(Sec. 92) . ·
a. It shall be unlawful for any person to catch,
take or gather or yause to be caught, taken
or gathered fish or any fishery species in
Philippine waters with the use of explosives,
noxious or poisonous substance such as
sodium cyanide, which will kill, stupefy,
disable or render unconscious fish or fishery
species (Par. 1).
NOTE: The Department may allow, for
research, educational, or scientific purposes
only, the use of poisonous or noxious
substance to catch, take, or gather fish or
fishery species. The use of poisonous or
noxious substances to eradicate predators
and pests in fishponds in accordance with
accepted scientific practices and without
causing adverse environmental impact in
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neighboring waters and grounds shall not be
construed as illegal fishing (Id.).
The discovery of dynamite, other explosives
and chemical compounds which contain
combustible elemepts, or noxious or
poisonous substances, or equipment or
device for electrofishing in any fishing vessel
or in the possession of any fisherfolk,
operator, fishing boat official or fishworker
shall constitute a prima facie presumption
that any of these devices was used for
fishing in violation of this Code (Par. 3).
The discovery in any fishing vessel of fish
caught or killed with the use of explosives,
noxious or poisonous substances, or by
electricity shall constitute a prima facie
presumption that the fisherfolk, operator,
boat official or fishworker is fishing with the
use thereof (Par. 4).
b. It shall be unlawful for any person to
possess explosives, and noxio'O's or .....
poisonous substances : for illegal, fishing
(Par. 7).
8. Use of Fine Mesh Net (Sec. '93)
It shall be unlawful to engage in fishing using
nets with mesh smaller;ttian that which may be
determined by the Department. The prohibition
on the use of fine mesh het shall not apply to the
gathering of fry, glass eets[el~rs, tab1os, and
alamang and other spedes thatby their nat.ure
are small but already mature,.as identified in the.
implementing rules and ·regulations by the ·
Department (Par. 1). · The"'follpwing ·"fishing gea.rs/methods and their
The discovery of a fine mesh net in a>fishing ·
vessel shall constitute a prima facie presumption
that the person or fishing vessel is engaged in
fishing with the use of fine mesh net (Par. 2).
NOTE: Fine Mesh Net is a net with mesh size of
less than three centimeters (3 cm.) measured
between two (2) opposite knots of a full mesh
when stretched or as otherwise determined by
the appropriate government agency (Par. 24).
9. Fishing in Overexploited Managem·ent
Areas (Sec. 94)
1O. Use of Active Gear in Municipal Waters,
Bays and Other Fishery Management
Areas (Sec. 95)
NOTE: Active Gear is a fishing device
characterized by the pursuit of the target species
by towing, pushing the gears, surrounding,
covering, dredging, and scaring the target
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species to impoundments, such as, but not
limited to, trawl, purse seines, Danish seines,
paaling and drift gill net (Sec. 4, Par. 44 (a)).
11. Ban on Coral Exploitation and
Exportation (Sec. 96)
It shall be unlawful for any person or
corporation to gather, possess, commercially
transport, sell or export ordinary, semi-precious
and precious corals, whether raw or in
processed form, except for scientific or research
purposes. It shall also be unlawful for any
person, corporation or entity to commit any
activity that damage coral reefs (Par. 1).
12. Ban on Muro-ami, Other Methods and
Gear Destructive to Coral Reefs and
Other Marine Habitat (Sec. 97)
a. It shall be unlawful for any person, natural or
juridical, to fish with gear or method that
, • cfestroys coral reefs, seagrass beds, and.
. tjthet fishery marine life habitat as may be
determined by the Department. 'Muro-ami'
· and 'any of its variation, and such similar
•. geafs and methods that require diving, other
phy~~aF 6r rtjechanical acts to pound the
coral . reefs and other habitat to entrap,
~ather :,or c~tch fish and other fishery
~pecies·.arealso prohibited (Par. 1).
b. Except i,n cases allowed by law, it shall be
unJawfu~'forany person, natural or juridical,
< fo gathElr,.possess, commercially transport,
sell orJexport t:oral sand, coral fragments,
coral r6cks, siltca, and any other substances
· • which make Op any marine habitat (Par. 4).
variationif are considered destructive to coral
· reefs,~e'agrass, seabeds, and other fishery
marine life habitat:
1. · Muro-ami and Kayakas; arid
2. Danish Seine and modified Danish Seine
(/RR of R.A. No. 10654, Rule 97. 1).
13. Illegal Use of Superlights or Fishing
Light Attractor (Sec. 98)
- It shall be unlawful to engage in fishing with
the use of superlight in municipal waters, or to
fish with fishing light attractor using candlelight
power or intensity beyond the standards set by
the Department in consultation with the LGUs for
fishing in municipal waters, or in violation of the
rules promulgated by the Department for fishing
with the use of superlight or fishing light attractor
outside municipal waters (Par. 1).
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15. Conversion of Mangroves (Sec. 99)
GENERAL RULE: It shall be unlawful for any
person· to convert mangroves into fishponds or
for any other purpose (Par. 1).
EXCEPTIONS: The prohibition on conversion
does not apply to any of the following: (FMA)
1 . Areas covered by Eishpond Lease
Agreements (FLA), Aquasilviculture
Stewardship Contract (ASC) or Gratuitous
Permit and other tenurial instruments;
2. Private property not classified as Mangrove
forest; and
3. Development activities duly covered and
approved by competent Authorities (/RR of
R.A. No. 10654, Rule 99.1).
16. Fishing During Closed Season (Sec. 100)
17. Fishing in Marine Protected Areas,
Fishery Reserves, Refuge
Sanctuaries (Sec. 101)
18. Fishing or Taking of Rare, Threatened C>t
Endangered Species (Sec. 102) ·
a. It shall be unlawful to fish or take, catch,
gather, sell, purchase, possess, transport,
export, forward or ship out aquatic Species
listed in the Convention on the International
Trade in Endangered Species of Wild flora
and Fauna (CITES), or those categorized by
the International Union for Conservation of
Nature and Natural Resources (IUCN) as
threatened and determined , by the
Department as such (Par. 1). ·
b. It shall be unlawful to fish, take, catch,
gather, sell, purchase, possess, transport,
export, forward or ship out aquatic· species
listed in CITES if scientific a$Sessmenls
show that population of the speei~s in the
wild cannot remain viable under pressure of
collection and trade. The taking or fishing of
these species from the wild for scientific
· research, or conservation breeding
simultaneous with commercial breeding
may be allowed (Par. 4).
c. It shall be unlawful to gather, take, possess,
transport, or· export, forward or ship out
captive-bred species that have been
transplanted to the wild (Par. 7).
19. Capture of Sabalo and
Breeders/Spawners (Sec. 108)
The catching of sabalo and other
breeders/spawners for local breeding purposes
or scientific or research purposes may be
allowed subject to guidelines that shall be
promulgated by the Department (Par. 1).
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20. Exportation of Breeders, Spawners,
Eggs or Fry (Sec. 104)
The export of hatchery-bred or captive-bred
breeder, spawner, egg or fry, may be allowed
subject to the regulations to be promulgated by
the Department (Par. 1).
Requirements for Exportation of Hatchery-
Bred or Captive-Bred Spawner, Egg, or Fry
The DA-BFAR may allow the exportation of
batchery-bred pr captive-bred spawner, egg, or
fry if the exporter shall comply with the following
requirements: (HE-HEB)
1. Registration of the ttatchery or captive
breeding facility; ·
2. Registration of gxporter with DA-BFAR;
3. Issuance of ttealth certificate as may be .
required by the importing country;
4. Issuance of gxport commodity clearance;
and and
5. Clearance of the outgoing commodity at the
~order inspection (/RR of R.A. No. 10654,
Rule 104.2).
.· •failure G>B the part of the shipping or forwarding
' •w1rom whose possession the breeders,
spawne!i"~neggs,or fry are discovered or seized
to fully cOoperate in the investigation conducted
by concerned government authorities on the
matter' Shflll <;reate a presumption that there is
conn!'1anQe0~9onspiracy between the company
a.ncl;the sj'lippet to violate the provisions of this
se~Jt!('JJtJ~(;
..,.
21. Importation or Exportation of Fish or
;t;JEHJfisherySpecies (Sec. 105)
\f}ic:r'Zi;:'!.!:~J,
importation or exportation of fish or
fishery species in violation of this Code shall be
unlawful (Par. 1).
Failure on the part of the shipping or forwarding
company from whose possession the fish or
fishery species imported or exported are
discovered or seized to fully cooperate in the
•investigation conducted by concerned
government authorities shall create a
presumption that there is connivance or
conspiracy between the shipping company and
the shipper to perpetrate the aforementioned
offense (Par. 2).
Other
22. Importation or Exportation of Fish or
Fishery Species (Sec. 105)
Any importation or exportation of fish or
fishery species in violation of this .Code shall be
unlawful (Par. 1).
Failure on the part of the shipping or forwarding
company from whose possession the fish or
fishery species imported or exported are
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discovered or seized to fully cooperate in the
investigation conducted by concerned
government authorities shall create a
presumption that there is connivance or
conspiracy between the shipping company· and
the shipper to perpetrate the aforementioned
offense (Par. 2).
23. Violation of Harvest Control Rules (Sec.
106)
24. Aquatic Pollution (Sec. 107)
NOTE: Aquatic Pollution is the introduction by
human or machine, directly or indirectly, of
substances or energy to the aquatic
environment which result or is likely to result in
such deleterious effects as to harm living and
non-living aquatic resources, pose potential
and/or real hazard to. human health, hindrance
to aquatic activities. Deforestation, unsound
agricultural practices, intensive use of artificial
fish feed, and wetland conversion, which cause
similar hazards and deleterious effects shall also
constitute aquatic pollution (Sec. 4,Par. 4).
25. Failure to Comply with Minimum Safety
Standards (Sec. 108} . 1. 50% mortality of the cultured fish stocks of
The owner and captain Of a commercial
fishing vessel engage(j in fishing who, upon
demand by proper authoritie.s,'fails to e~hibit or
show proof of compflance with the ; safety
standards provided in this Code shall be ·uable
administratively and criminally.
Upon apprehension, the fishing vessel shall be
escorted to the nearest port or landing point and
prevented from continuing with the 'fishing
activity.
26. Failure to Submit a Yearly Report on Alt
Fishponds, Fish Pens, and Fish Cages
(Sec. 109)
All fishpond, fish pen, and fish cage
operators shall annually report to the
Department the type of species and volume of
production in areas devoted to aquaculture (Sec.
57).
It shall be unlawful for owners and operators of
fishponds, fishpens and fish cages to fail to
submit an annual report to the Department (Sec.
109, Par. 1).
27. Gathering and Marketing of Shell Fishes
or Other Aquatic Species (Sec. 110)
It shall be unlawful for any person to gather,
take, sell, transfer, possess, . commercially
transport, export, forward or ship out any
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sexually mature shell fish or other aquatic
species identified by the Department, or below
the minimum size, or above the maximum
quantities prescribed for the species (Par. 1).
28: Obstruction to Navigation or Flow or Ebb
of Tide in any Stream, River, Lake or Bay
(Sec. 111)
29. Noncompliance with Good Aquaculture
Practices (Sec. 112)
Fishery operations involving the breeding
and farming of fish and other fishery species
shall comply with good aquaculture practices
and the guidelines for environmentally-sound
design and operation for the sustainable
development of the aquaculture industry which
shall be promulgated by the Department (Par.1).
For purposes of this section, non-compliance
with good aquaculture practice and
environmentally-sound design shall refer to
violations afstandards, which, after failure of the
owner or operator to comply thereto and to adopt
the required remedial measures, despite prior
written notice of such violations, result into any
of the following sitt.1ations:(50-PCA)
an aquaculture zone comprised of several
contiguous. farms owned by different
individuals;
2. foisoning ofwi,ld fish population;
3. Widespread · ~ontamination of pests and
diseases; or
· 4. Aquatic pollution (/RR of R.A. No. 10654,
Rule112. 1).
30. 'Commercial Fishing Vessel Operators
Employing Unlicensed Fisherfolk,
f:ishworker or Crew (Sec. 113)
a. It shall be unlawful for the owner or operator
of a commercial fishing vessel to employ
unlicensed fisherfolk or fishworker or crew
(Par. 1).
All crew on board a commercial fishing
vessel shall be required a Fisherman's
· License, except the following:
1. Captain or Master;
2. Cook, unless he is also involved in
fishing;
3. Crew declared in the manifest, unless
he is also involved in fishing; and
4. Non-crew passengers declared in the
manifest (1RR of R.A. No. 10654, Rule
113.1).
b. It shall likewise be unlawful for Philippine
flagged fishing vessels engaged in distant
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water fishing to employ unlicensed fisherfolk
or fishworker or crew (Par. 2).
31. Obstruction of Defined Migration Paths
· (Sec. 114)
It shall be unlawful for any person to obstruct
any defined migration path of anadromous,
catadromous and other migratory species (Par.
1).
32. Obstruction to Fishery Law Enforcement
Officer (Sec. 115)
The fishing vessel owner, master or operator
or any other person acting on behalf of any
fishing vessel who assaults, resists, intimidates,
harasses, seriously interferes with, or unduly
obstructs or delays a fishery law enforcement
officer, authorized inspector or observer, the
deputized fishwarden of the LGU, or any
lawfully-boarding government officers, in the
exercise of their duties shall be penalized under
this Code (Par. 1).
Any person who does not allow any authorized'.
officer or an observer to exercise any of the legal
duties shall be deemed to be obstructing that
officer or person (Par. 1).
33. Noncompliance with Fisheries Observer
Coverage (Sec. 116)
a. It shall be unlawful for Philippir,ie distant
water fishing vessel to sail Without a
fisheries observer on board as required by
RFMO conservation and •. management
measures (Par. 1).
b. It shall be unlawful for commercial fishing
vessels to sail without a fisheries l)bserver ~n
compliance with this Code and the rules and
regulations promulgated by the Department
(Par. 2).
NOTE: A fisheries observer is a person duly
authorized by the Philippine government or
under a Regional Observer Program of the
RFMO, to collect scientific, technical or fishing-
related data, and other information that may be
required by the government or the RFMO and/
or in compliance to a conservation and
management measure (Sec. 4, Par. 35).
34. Noncompliance with Port State
Measures (Sec. 117)
No foreign fishing vessel shall be allowed
entry without providing at least twenty-four (24 )-
hour prior notice. When a foreign fishing vessel
is granted entry, failure to provide a catch report
shall be deemed unlawful. It shall likewise be
unlawful for any person to fail. to comply with
other rules on port state measures promulgated
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by the Department in coordination with port state
authorities (Par.. 1).
35. Failure to Comply with Rules and
Regulations on Conservation and
Management Measures (Sec. 118)
It shall be unlawful for any person to fail to
comply with conservation and management
measures adopted in rules and regulations to be
promulgated by the Department pursuant to
international conventions, RFMO resolutions
and laws of coastal states where Philippine
vessels fish (Par. 1).
36. Noncompliance with Vessel Monitoring
Measures (Sec. 119)
No municipal, commercial or distant water
fishing vessel shall engage in fishing activity
without complying with the vessel monitoring
measures promulgated by the Department in
coordination with the LGUs. For vessels
operating in Philippine waters, only the catcher
vessel shall be covered by this requirement. It
shall also be unlawful to intentionally tamper
with, sw,jtch off or disable the vessel monitoring
· sYstQJl1f~ar. 1).
Scope of,Vessel Monitoring Measures
The VMM $hall apply to licensed Philippine
flagged fishing vessels operating within and
outside PlliliprJ!newaters as follows:
1., ..,AILU
,, :~~.''.>'
·:: ...
· >,<.,.~.:! '\':"it!J?hilippine
<·.,
flagged commercial
1 : • .• ; •d carrier vessels operating
outside Philippine waters shall be installed
with a two-way ALC.
For catcher vessels operating in Philippine
;:.);;t±ft!jf;;,qNtersthe application of VMM shall be
determined in consultation with the
stakeholders, following the process stated in
Rule 65.2 (/RR of R.A. No. 10654, Rule
119.1).
37. Constructing, Importing or Converting
Fishing Vessels or Gears Without Permit
from the Department (See. 120)
38. Use of Unlicensed Gear (Sec. 121)
Any person who uses a fishing gear or method
for commercial fishing without license from the
Department.
39. Falsifying, Concealing or Tampering
with Vessel Markings, Identity or
Registration (Sec. 122)
40. Concealing, Tampering or Disposing. of
Evidence Relating to an Investigation of
a Violation (Sec. 123)
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41. Noncompliance with the Requirements
for the Introduction of Foreign or Exotic
Aquatic Species (Sec. 124)
It shall be unlawful to import, introduce, or
breed, foreign or exotic aquatic species without
the conduct of risk analysis and prior approval of
the Department (Par. 1).
NOTE: The importation, introduction to the wild,
or breeding of foreign or exotic aquatic species
or genetically modified aquatic species, their by-
products and derivatives, shall be governed by
the provisions of Republic Act No. 9147 or the
Wildlife Act, FAO No. 221, Series of 2003, and
Executive Order No. 514, Series of 2006 (/RR of
R.A. No. 10654, Rule 124.1).
42. Failure to Comply with Standards and
Trade-Related Measures ( Sec. 125)
It shall be unlawful .for any person to fail to
comply with standards for weights, volume,
quality and other requirements, for ·all fishery
transactions and trade and trade-related
measures prescribed by the Department {Par.
1).
43. Possessing, Dealing in or Disposing
Illegally Caught or Taken Fish (Sec; 126)
U shall be unlawful to ship, commercially
transport, offer for sale, sell,' import, export, or
have custody, control, or possession of, or to
deal in or in any manner dispose of any fish or ·
species caught, taken or retained in violation of
this Code (Par. 1).
The discovery of any fish or species caught with
the use of explosives or noxious or pdisonous
substances shall constitute a.. ptirna facie
presumption that the possessor, seller, fish
dealer, transporter, importer, or exportertnereof
has knowledge that the fish or species was
caught or taken in violation of this Code (Par. 2).
44. Unauthorized/ Disclosure of Sensitive
Technical Information (Sec. 127)
The · following instances are authorized
disclosure, provided, the affected party is
informed of such disclosure: (ETA)
1. When officially requested by a government
agency to be used as 5.vidence for the
prosecution of fishery or other offenses;
2. When requested by the flag, coastal or port
state for its own investigation or Iraceability;
and
3. Other Analogous circumstances (Rule
127. 1, /RR).
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45. Other Violations (Sec. 128)
In addition to the prohibitions in this Code,
the Department, in consultation with the LGUs,
local FARMCs and NFARMC, shall issue fishery
administrative orders .or regulations. for the
conservation, preservation, management and
sustainable development of fisheries and
aquatic resources (Par. 1).
The Local Government Code vests
municipalities with the power to grant fishery
privileges in municipal waters. One of the
devolved powers under the Code is the
enforcement of fishery laws in municipal waters
including the conservation of mangroves. This
necessarily includes the enactment of
ordinances to effectively carry out such fishery
laws within the municipal waters. In light then of
the principles of decentralization and devolution
and the powers granted therein to local
.government units under the General Welfare
ciau~ and those which involve the exercise of
police power, the validity of the· questioned
. Ordinan·ces . cannot be doubted (Tana v.
Socrates, G.R. No. 110249, August 21, 1997).
ANTI-FENCING LAW OF 1979
PRESIDENTIAL DECREE
NO. 1612
Approved:March 2, 1979
Effectivity Date: March 2, 1979
Topicrelated to: Crimes Against Property
REASONS FOR ENACTMENT OF THE
LAW:
1. There is rampant robbery and thievery of
government and private properties;
2. Such robbery and thievery have become
profitable on the part of the lawless elements
because of the existence of ready buyers,
commonly known as fence, of stolen properties;
3. A fence can be prosecuted only as an accessory
td the crime of robbery or theft;
4. It is imperative to impose heavy penalties on
persons who profit by the effects of the crimes of
robbery and theft (1 FESTIN, Special Penal
Laws Criminal Law Reviewer (2013), p. 182)
[hereinafter 1 FESTIN, SPLJ).
DEFINITION OF TERMS (Sec. 2)
Fencing
It is the act of any person who, with intent to gain for
himself or for another, shall buy, receive, possess,
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keep, acquire, conceal, sell or dispose of, or shall
buy and sell, or in any other manner deal in 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 (Par. a).
NOTE: The crime of fencing applies only to proceeds
of theft or robbery. It does not apply to other crimes
of gain like estafa (BOADO, SPL, supra at 504).
Fence
It is any person, firm, association, corporation or
partnershjp or other organization who/which
commits the act of fencing (Par. b).
The fence should otherwise be an accessory, not a
principal or accomplice in robbery or theft (Capili v.
Court of Appeals, G.R. No. 139250, August 15, 2000
as cited in BOADO, SPL, supra at 503). But the
fence is a principal in the prosecution for the violation
of P.D. No. 1612.
NOTE: If the fence is a partnership, firm, corporation
or association, the presideot or the manager or any
officer thereof who knows or should have known the
commission of the offense shall be liable (Sac. 4).
PRESUMPTION OF FENCING (Sec. 5)
GENERAL RULE: Fencing is a ma/um prohibitum,
and P.D. No. 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; and prescribes a higher
penalty based on the value of the property
(Cahulogan v. People, G.R. No. 225695, March 21,
2018). , · distinct offenses. The law on fencing does not
EXCEPTION: All stores, establishments or entities
dealing in the buy and sell of any good, article item,
object of anything of vah,ie obtained from an
unlicensed dealer or supplier thereof, shall before
offering the same for sale to the public, secure the
necessary clearance or permit from the station
commander of the Philippine National Police in the
town or city where such store, establishment or entity
is located (Sec. 6).
Any person who fails to secure the clearance or
permit required by this Section or who violates any
of the provisions of the rules and regulations
promulgated thereunder shall upon conviction be.
.punished as a fence.
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ELEMENTS: (CAKI)
1. A ~rime of robbery or theft has been committed;
2. The accused, who is not a principal or
accomplice in the commission of the crime of
robbery or theft, buys, receives, possesses,
keeps, Acquires, conceals, sells or disposes, or
buys and sells; or in any manner deals in any
article, item, object or anything of value, which
has been derived from the proceeds of the said
crime;
NOTE: The law does not require proof of
purchase of the stolen articles as mere
possession thereof is enough to give rise to a
presumption of fencing. It is incumbent upon the
accused to overthrow this presumption by
sufficient and convincing evidence (Dun/ao v.
CA, G.R. No. 111343, August 22, 1996).
3. The accused ,!Snowsor 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;
· •ROT,::"~$hould know" denotes the fact that a
person of:r,easonable prudence and intelligence
would qS~ertain the fact in performance of his
duty tq: ai,o\her or would govern his conduct
upon asiun'tption that such fact exists (1
FESTIN, $PL, supra at 185).
THitij Cffie
·part of the accused, !ntent to
gain t self or for another (Cahulogan v.
People, G.R. No. 225695, March 21, 2018).
. . / The qr:1rnesof robbery and fencing are two
require the accused to have participated in the
criminal design to commit, or to have been in any
way involved in the commission of, the crime of
robbery or theft. While it is true that the object
property in fencing must have been previously
taken by means of either robbery or theft, the
place where the robbery or theft occurs is
inconsequential (People v. De Guzman, GR.
No. 77368, October 5, 1993).
The accessory in the crimes .of robbery and theft
could be prosecuted as such under the RPC or
under P.D. No. 1612. However, in the latter
case, he ceases to be a mere accessory but
becomes a principal in the crime of fencing. In
short, the crimes of robbery and theft, on the one
hand, and fencing on the other, are separate and/
distinct offenses. The State may thus choose to
prosecute him either under the RPC or P.D. No.
1612, although the preference for the latter
would seem inevitable considering that fencing
is ma/um prohibitum, and P.D. No. 1612 creates
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Criminal Law

a presumption of fencing and prescribes a Sec. 1 of Act No. 4103, otherwise known as the
higher penalty based on the value of the Indeterminate Sentence Law (ISL), provides that if
property (Dizon-Pamintuan v. People, G.R. No. the offense is ostensibly punished under a special
111426, July 11, 1994). law, the minimum and maximum prison term of the
indeterminate sentence shall not be beyond what the
FENCE AND ACCESSORY TO THEFT special law prescribed. Be that as it may, the Court
OR ROBBERY, DISTINGUISHED had clarified in the landmark· ruling of People :v.
Simon that the situation is different where although
FENCE AQOESS0R't'T0 lHEF!f the offense is defined in a special law, the penalty
OR ROBBER¥ therefor is taken from the technical nomenclaturi3 in
the RPC. Under such circumstance, the legal effects
ils. to liability. under the system of penalties native to the Code
would also necessarily apply to the special law
A fence is pu~ished As a general rule, an
(Cahulogan v. People, G.R. No. 225695, March 21,
as a principal under accessory to robbery or
2018 citing Peralta v. People, G.R. No. 221991,
P.D. No. 1612 and theft under the RPC is
August 30, 2017).
the penalty is higher. punished two degrees
lower than the principal.
Thus, if the special penal law adopts the
nomenclature of the penalties under the RPC, the
ascertainment of the indeterminate sentence will be
· Fencing is ma/um In accessory to the crime based on th€! rules applied for those crimes
prohibitum and of robbery or theft under p'unishable under the RPC ( Cahulogan v. People,
therefore there is no the RPC, int!ltnt i~; , an G,R. No. 225695, March 21, 2018).
need to prove element ,of the crime and
criminal intent of the therefofe, good faith is a ··: ,,
accused. Good faith proper defense. (, \,

is not a defense. BOUN€ING €HE€KS LAW

As to ~cts Prosecuted
BATAS PAMBANSA BLG. 22
All the acts of on~ The accessory 'in the
who is an accessory crimes· of robbery and
Approved: ,April 3, 1,97,9
to the crimes of theft could<be prose~uted Effectwi:tyDate: April29, 1979
robbery and theft are as such Linqer the BPC or
included in the act as a fence under P :o.no.
ropios related to: Grimes against Property
defined as fencing. 1612.
(1 FEST/N, SPL, supra at 184).' The gr~amen of S.P. Big. 22 is the act of issuing a
worthless check or
a check that is dishonored upon
CLEARANCE/PERMIT TO ,SELL its presentrhe'nt for payment. The law has made the
USED/SECONDHAND ARTICLES ' mere'.act of issuing a bum check a ma/um
proftlbitum, an act proscribed by legislature for being
(Sec. 6) deemed pernicious and inimical to public welfare
All stores, establishments or entities dealing in the (People v. Chua, G.R. No. 130632, September 28,
buy and sell of any good, article, item, object or 1999).
anything of value shall, before offering the same for
sale to the public, secure the necessary clearance or PUNISHABLE ACTS:
p~rmit from the station commander of the Philippine
1. Making or drawing and issuing a check knowing
National Police in the town or city where such store,
establishment pr entity is located. at the time of issue that he does not have
sufficient funds (Sec. 1, Par. (1))
Any person who fails to secure the required
ELEMENTS: (MAKD)
clearance/permit shall also be punished as a fence.
a. That a person Makes or draws and issues
any check; -
Penalty
b. That the check is made or drawn and issued
Notably, while the crime of Fencing is defined and
penalized by a special penal law, the penalty to apply on account or for value;
c. That the person ,!Snowsthat at the time of
provided therein is taken from the nomenclature in
issue he does not have sufficient funds in or
the Revised Penal Oode (RPC) (Cahulogan v.
People, G.R. No. 226595, March 21, 2018).
credit with the drawee bank for the payment
of such check upon its presentment; and

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d. That the check is subsequently Qishonored
by the drawee bank for insufficiency of funds
or credit or would have been dishonored for
the same reason had not the drawer, without
any valid reason, ordered the bank to stop
payment (REYES, Book Two, supra . at
1034-1035).
NOTE: To hold a person liable for violation of BP
22, it is not enough that the check was
subsequently dishonored for insufficiency of
funds; it must be shown also beyond reasonable
doubt that petitioner knew of the insufficiency of
funds at the time the check was issued (Vergara
v. People, G.R. No. 160328, February 4, 2005).
Presumption of knowledge of insufficient
funds will not arise without notice of
nonpayment or proof thereof.
The presumption or prima facie evidence cannot
arise if such notice of nonpayment by the
drawee bank is not sent to the maker or drawer,
or if there is no proof as to when such notice was
received by the drawer, since there would simply
be no way of reckoning the crucial 5-day period
(Alburo v. People, G.R. No. 196289, August 15,
2016).
Indeed, the prima facie presumption in Section 2
of B.P. Big. 22 "gives the accused an opportunity
to satisfy the amount indicatec:i in the check and
thus avert prosecution. This opportunity serves
to mitigate the harshness of the law in its
application (Chua v. People, G.R. No. 196853,
July 13, 2015). . criminal prosecution. Accordingly, procedural due
2. Failing to keep sufficient funds or to maintain
credit to cover the full amount of the check (Sec.
1, Par. (2))
ELEMENTS: (S90D5)
a. That a person has §.ufficient funds with the
drawee bank when he makes or draws and
issues a check;
b. That he fails to keep sufficient funds or to
maintain a· credit to cover the full amount if
presented within a period of. 90 days from
the date appearing thereon;
NOTE: The 90-day period stated above is
not an element of the violation of B.P. Big.
22 by failing to keep sufficient funds. As
such, the maker, drawer, or issuer of the
check is not discharged from his duty to
maintain a sufficient balance in his account
a
for reasonable time even beyond the 90-
day period. A "reasonable time", according
to current banking practice, is 6 months or
180 days after' which the check becomes
stale.
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Thus, where a check is presented beyond
the 90-day period, but within 180 days from
the date indicated therein, and it was
dishonored due to a failure to maintain a
sufficient balance, the maker, drawer or
issuer shall still be liable for violation of B.P.
Big. 22 (Wong v. Court of Appeals, G.R. No.
117857, February 2, 2001).
c. That the check is Qishonored by the drawee
bank (REYES, Book Two, supra at 1035);
and
d. After receiving such written notice and
demand, refuses or fails to pay the value of
the check within banking days (FESTIN,
SPL, supra at 15'7).
NOTE: The law requires that the insufficiency of
funds in or credit shall be explicitly stated in the
dishonor, hence, a mere oral notice or demand to
pay is insufficient for conviction under B.P. Big. 22
(Domagsang v. Court of Appeals, G.R. No. 139292,
December 5, 2000). The reason for dishonor must
be lack or insufficiency of funds or credit with the
6t:iNtIf tbe;:reason for dishonor is other than that,
such ··af failure of consideration, the law_ is not
violated (BOAho, supra at 920).
NOTE: The full pf;!yment of the amount appearing in
the check within five (5) banking days from notice of
dishonor is a :"complete defense" against B.P. Big,
22. TH$ ~$'~Cf pf:Snotice of dishonor necessarily
deprives· 'arr·:acc~sed an opportunity to preclude
g.ess·clearly enjoins that a notice of dishonor be
•. ~:~~rved on the maker, drawer, or issuer of the
cfiecki:f-f~"has a right to demand that the notice of
dishonor be actually sent to and received by him to
afford him the opportunity to avert prosecution under
B.P. Big. 22 (Lao v. C.A., G.R. No. 119178, June 20,
1997).
ALTERNATIVE PENAL TIES
Imprisonment of not less than thirty (30) days·but not
more than one (1) year or by a fine of not less than
but not more than double the amount of the check.
The fine shall in no case exceed P200,000, or both
such fine and imprisonment at the dis.cretion of the
court (Sec. 1, Par. (1)).
Where the check is drawn by a corporation,
company or entity, the person or persons who
actually signed the check in behalf of such drawer
shall be liable (Sec. 1, Par. (3)).
NOTE: In several cases, subsidiary imprisonment
was applied in case of failure of the offender to pay
the fine notwithstanding the absence of such
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provIsIon in the law (Diongzon v. CA, G.R. ·No.
114823, December 23, 1999).
E~DENCE OF KNOWLEDGE OF
INSUFFICIENT FUNDS (Sec. 2)
GENERAL RULE: The making, drawing and
issuance of a check payment of which is refused by
the drawee because of insufficient funds in or credit
with such bank, when presented within ninety (90)
days from the date of the check, shall be prima facie
evidence of knowledge of such insufficiency of funds
or credit.
EXCEPTIONS:
If the maker or drawer: (PA)
1. fays the holder thereof the amount due thereon
within five (5) banking days after receiving notice
that such check has not been paid by the
drawee; or.
2. Makes Arrangements for payment in fu,Ubyfhe
drawee of such check within five (5) banking
days after receiving notice that suchchecfhc:i.S
not been paid by the drawee (Sec. 2),, .. · ·
For this presumption to aris~, th~ pt~secution
must prove the following: ·· , ,; ' presµmpfipa of kfiowledge of insufficiency of
1. The chack is presented within ntnety (90) days
from the date of the check;
2. The drawer or maker; of·-the check, receives
notice that such check Msnot,been pajd by the
drawee; _. .. _, , •._
3. The drawer or maker of the che<;kfaUsto paythe
holder of the check the amounfdue therflbn, or
make arrangements for payment in full._within
five (5) banking days after receiving notice that
such check has not been 'paid by th~ dra~~
(Alburo v. People, G.R. No. 1Q6289, ~ll'gu~~ 15, .
2016).
In other words, the presumption is brought into
existence only after it is proved that the issuer had
received a notice of dishonor and that within five
days from receipt thereof, he failed to pay the
amount of the check or to make arrangements for its
payment (Alburo v. People, G.R. No. 196289,
August 15, 2016).
SC ADMINISTRATIVE Cl~CULAR 12-
2000, AS CLARIFIED BY A.C. 13-2001
Where the circumstances of both the offense and the
offender clearly indicate good faith or a clear mistake
of fact without taint of intelligence, the imposition of
fine alone should be · considered as the more
appropriate penalty.
The administrative circular merely lays down a rule
of preference in the application of· the penalties
provided for in B.P. Big. 22. The circular does not
delete the penalty of imprisonment, for should the
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SPECIALPENALLAWS
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judge decide that imprisonment is the more
appropriate penalty, the circular ought not to be a
hindrance.
Prosecution under B.P. Big. 22 shall be without
prejudice to any liability for any violation in the RPC.
The fine under B.P. Big. 22 is based on the amount
of the check and is without regard to the amount of
damage caused.
The accused will be liable for the dishonor of the
check even if it was issued in payment of a pre-
existing legal obligation as he issued that check "to
apply on account."
SIGNIFICANT PERIODS UNDER B.P.
BLG. 22: (5-90-180)
1. Five (5) banking days
The maker or issuer must make
_ arrangements to make good the check within
. five (5) days to escape criminal liability for
· is~uillg q rubber check (Sec. 2);
2. Nioety (90)-~ays
"'·... He must m~intain sufficient funds within the
90-day· J)eriopof Jime to destroy the prima facie
funds to back up tile check (Sec. 1, Par. (2));
3. On~ hundted· ei;ghty (180) days
if ailure of the p~ee to deposit or encash the
check within this 1~0-day period will make the
check stale or ;valueless, hence, no criminal
actionca11arise therefrom (BOADO Compact
Reviewer,' supra at604).
NOTE: The spirit pf the law behind B.P. Big. 22, is
the protedi.oo ofthe credibility and stability of the
·· banking system, would not be served by penalizing
people'whO have evidently made amends for their
mistakes and made restitution for damages even
before charges have been filed against them. In
effect, the payment of the checks before the filing of
the Information has already attained the purpose of
the law. It should be emphasized as well that
payment of the value of the bounced check after the
information has been filed in court would no longer
have the effect of exonerating the accused from
possible conviction for violation of B.P. Big. 22 (Lim
v. People, G.R. No. 190834, November 26, 2014).
SYNDICATED ESTAFA
PRESIDENTIAL DECREE
NO. 1689
Approved on: April 6, 1980
Effectivity Date: April 6, 1980
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Topics related: Crimes against property
ELEMENTS:
1. Estafa or other forms of swindling under Articles
315 to 318 of the Revised Penal _Code is
committed;
2. It is committed by a syndicate of five or more
persons; and
3. Defraudation results in the misappropriation of
moneys contributed by stockholders, or
members of rural banks, cooperative, samahang
nayon, or farm~rs' associations, or funds
solicited by corporations/associations from the
general public (People v. Tibayan, G.R. Nos.
209655-60, January 15, 2015).
The fact that the entity involved was not a rural bank,
cooperative, samahang nayon or farmers'
association does not take the case out of the
coverage of P.D. No. 1689. Its third "whereas ·
clause" states that it also applies to other
"corporations/associations operating on funds
solicited from the general public" (People v. Balasa,'
G.R. No. 106357, September 3, 1998).
If the general public element (third elemeht) was not
complied with, no syndicated estafa alleg~ly took
place, only simple estafa (Hao v. People, G,R. No.
183345, September 17, 2014). ··
Syndicate formed for carrying out the unlawful
scheme for the misappropriation pf the lnoney
contributed by the members · ,
Swindling by syndicate used the association that
they manage to defraud the general puolic of funds
contributed to the association. Sectlon 1 of
Presidential Decree No. 1689 speaks of ~-syndicate
formed with the intention of carrying out the unlawful
scheme for the misappropriation of the money·
contributed by the members of the association. In
other words, only those who formed and manage
associations that receive contributions from the
general public who misappropriated the
contributions can commit syndicated estafa (Galvez
v. Court of Appeals, G.R. No. 187919, February 20,
2013).
PENALTY
Any person or persons who shall commit estafa or
other forms of swindling as defined in Article 315 a_nd
316 of the Revised Penal Code; as amended, shall
be punished by life imprisonment to death if the
swindling (estafa) is committed by a syndicate
consisting of five or more persons (Sec. 1, par. 1).
When not committed by a syndicate as above
defined, the penalty imposable shall be reclusion
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temporal to reclusion perpetua if the amount of the
fraud exceeds 100,000 pesos (Sec. 1, par. 2).
MIGRANT WORKERS AND
OVERSEAS FILIPINOS ACT
OF1995
RE.PUBLIC ACT NO. 8042,
AS AMENDED BY
REPUBLICACT NO. 10022
Approved on:
R.A. No. 8042 - June 7, 1995
R. A. No. 10022 -Approved: March 8, 2010
Signed: March 10, 2010
Effectivity Clauses:
R.A. No. 8042 - This Act shall take effect after
fifteen ( 15) days from its publication in the Official
Gazette or in_at least two (2) national newspapers of
'gtij~al cir~f;;ltion whichever comes earlier (R.A.
No. 8042; &!~, 43).
R.A. No. 10()~ - The provisions of these Rules and
Regulatiornish.~ll take effect fifteen days (15) after
publicatio11-;iri ~o (2) newspapers of general
circulatior; (R.'11,.
Np.10022, Rule XX/, Sec. 2).
PRO..... ;:-TS (Sec. 6 of R.A. No.
8042 a~i·l,m*itd~d
by R.A. No. 10022)
Illegal recruitment shall mean any act of canvassing,
irw, contracting, transporting, utilizing, hiring, or
1
;tg-;workers and includes referring, contract
services, promising or advertising for employment
abroad, whether for profit or not, when undertaken
by non-licensee or non-holder of authority.
Any such non-licensee or non-holder who, in any
manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so
engaged.
It shall likewise include the following acts, whether
committed by any person, whether a non-licensee,
non-holder, licensee or holder of authority:
1. To charge or accept directly or indirectly any
amount greater than that specified in the
schedule of allowable fees prescribed by the
Secretary of Labor and Employment, or to make
a worker pay or acknowledge any amount
greater than that actually received by him as a
loan or advance;
2. To furnish or publish any false notice or
information or document in relation to
recruitment or employment;
3. To give any false notice, testimony, information
or document or commit any act of
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misrepresentation for the purpose of securing a
license or authority under the Labor Code, or for
the purpose of documenting hired workers with
the POEA, which include the act of reprocessing
workers through a job order that pertains to
nonexistent work, work different from the actual
overseas work, or work with a different employer
whether registered or not with the POEA;
4. To include or attempt 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. To influence or attempt 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. To engage 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; · ·3. , Refuse to .Condone or renegotiate a loan
7. To obstruct or attempt to obstruct inspection by
the Secretary of Labor and Employment or by
his duly authorized representatives~
8. To fail 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 by the Secretary
of Labor and Employment;
9. To substitute or alter to the prejudice 'of the
worker, employment contracts" ,approved · and
verified by the Department of Labor and
Employment from the tim€) of act.ual signing
thereof by the parties up to and incluping the
period of the expiration of the same wit~outJhe
approval of. the Department o( Labor' arid
Employment . specifiCally designated institutions, entities or
10. 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;
11. To withhold or deny 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;
12. Failure to actually deploy a contracted worker
without valid reason as determined by the
Department of Labor and Employment;
13. Failure 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. Illegal
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SPECIAL PENAL LAWS
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recruitment when committed by a syndicate or in
large scale shall be considered an offense
involving economic sabotage; and
14. To allow a non-Filipino citizen to head or
manage a licensed recruitment/manning
agency.
In addition to the acts enumerated above, it shall
also be unlawful for any person or entity to commit
the following prohibited acts: (LAC-HT-SD)
1. Grant a ,boan to an overseas Filipino worker with
interest exceeding eight percent (8%) per
annum, which will be used for payment of legal
and allowable placement fees and make the
migrant worker issue, either person,ally or
through a guarantor or accommodation party,
postdated checks in relation to the said loan;
2. Impose a compulsory and exclusive
arrangement whereby an overseas Filipino
..worker is required to Avail of a loan only from
specifically designated institutions, entities or
persqns;.,
incurred by ahoverseas Filipino worker after the
latter'a · . employment contract has been
prematurely terminated through no fault of his or
her own;'
4. lmpqse a . · compulsory and exclusive
arraiiigement whereby an overseas Filipino
wor~er is ·· requited to undergo .!:::!ealth
examinations only from specifically designated
medical clinjcs, institutions, entities or persons,
except in the case ,of a seafarer whose medical
examination cosf is shouldered by the
prtncipallShipowner;
5. !~pose, a compulsory . and exclusive
arrangement . whereby an overseas Filipino
worker.ls required to undergo !raining, seminar,
instruction 'or schooling of any kind only from
. .. persons, except fpr recommendatory trainings
mandated by principals/shipowners where the
latter shoulder the cost of such trainings;
6. For a §.uspended recruitment/manning agency
to engage in any ~ind of recruitment activity
including the processing of pending workers'
applications; and
7. For a recruitment/manning agency or a foreign
principal/employer to pass on the overseas
Filipino worker or Qeduct 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.
Illegal recruitment 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
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individw;llly or as a group (R.A. No. 8042 as

amended, Sec. 6).

ELEMENTS: one another. It is property, credit, agency,

1. The offender undertakes either any activity deemed committed in business or imaginary
within the meaning of "recruitment and large scale if transactions, or by means
placement" defined under Article 1_3(b
), o_rany of committed against of similar deceits
the prohibited practices enumerated. under Art. three (3) or more executed prior to or
34 of the Labor Code; persons individually or simultaneously with the
2. He has no valid license or authority required by as a group commission of fraud
law to enable one to lawfully engage in (People v. Chua, G.R. No. 184058, March 10, 2010).
recruitment and placement of workers; and
3. The illegal recruitment is committed by a group The persons criminally liable for the above offenses
of three (3) or more persons conspiring or are the principals, accomplices, and accessori,es. In
confederating with one another (People v. Gallo, case of juridical persons,. the officers having
•G.R. No. 187730, June 29, 2010). ownership, control, management, or direction of their
business who are responsible for the commission of
A person convicted of illegal recruitment may, in the offense and the responsible employees/agents
addition, be convicted of estafa as penalized under thereof shall be liable.
Article 315, paragraph 2(a) of RPC. Illegal
Recruitment in Large Scale penalized under . In the filing of cases for illegal recruitment or any of
Republic Act No. 8042, or "The Migrant Workers and the prohibited acts under this section, the Secretary
Overseas Filipinos Act of 1995," is a special law; a of Labor and Employment, the POEA Administrator
violation of which is malum prohibitum, not malum in or their duly authorized representatives, or any
se. Intent is thus immaterial. And that explains why
<· ~v~.d~son may initiate the corresponding
appellant was, aside from estafa, convicted of such
0

criminaJ11ettin with the appropriate office (R.A. No.

offense (People v. Chua, G.R. No. 184058, March ·· 8042 as ama-r,ti_ed,Sec. 6).
10, 2010).
A criminal .action,arising from illegal recruitment as
Conviction for illegal recruitm_ent woptd not defined herein sh~II be filed with the Regional Trial
preclude punishment for estafa under Article Court ofJhe provirii;e or city where the offense was
315(2)(a), RPC ·... · comrm~,,,~y _.
.. fe>the offended party actually
A conviction for illegal recruitment whether simple or resides ~~;; :ml:itime of the commission of the
committed in large scale wouid nor preclude offense: Provided, That the court where the criminal
punishment for estafa under Article 3l5(2)(a) of the action is first filed shall acquire jurisdiction to the
RPC. This is because no double jeopardy: could :;pi~sj9n of other courts. Provided, however, That
attach from the prosecution and convictioh of the •:c:;;tM~tated provisions shall also apply to those
accused for both crimes considering that they are criminal actions that have already been filed in court
penalized under different laws and involved at the time of the effectivity of this Act (R.A. No. 8042,
elements distinct from one another (Peopfe v. Sec. 9).
Estrada, G.R. No. 225730, February 28, 2018).
LIABILITY OF PERSONS INVOLVED:
ILLEGAL RECRUITMENT AND ESTAFA,
1. The persons criminally liable for the above
DISTINGUISHED offenses are the principals, accomplices and
accessories. In case of juridical persons, the
officers having ownership, control, management
or direction of their business who are
Malum Prohibitum - Malum in Se - an intent is responsible for the commission of the offense
criminal intent of the imperative. and the responsible employees/agents thereof
accused is not shall be liable (R.A. No. 8042 as amended, Sec.
necessary for 6).
conviction. 2. The liability of the principal employer and the
recruitment/placement agency for any and all
Committed . by a Committed by any person claims under this section shall be. joint and
syndicate if carried out who defrauds another by several (R.A. No. 8042 as amended, Sec, 10).
by a group of three (3) using fictitious name, or 3. Private employment agencies are held jointly
or more persons falsely pretends to and severally liable with the foreign-based
conspiring or possess power, employer for any violation of the recruitment
confederating with influence, qualifications, agreement or contract of employment This joint

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and solidary liability imposed by law against
recruitment agencies and foreign employers is
.meant to assure the aggrieved worker of
immediate and sufficient payment of what is due
him. This ·is in line with the policy of the state to
protect and alleviate the plight of the working
class (Datuman v. First Cosmopolitan
Manpower and Promotion Services, Inc., G.R.
No. 156029, November 14, 2008).
4. The liability of corporate directors and officers is
not automatic. To make them jointly and
solidarily liable with their company, there must
be a finding that they were remiss in directing
affairs of that company, such as sponsoring to
tolerating the conduct of illegal activities (Gagui
v. Dejero, G.R. No. 196036, October 23, 2013).
While a corporate director, trustee, or officer who
entered into contracts in behalf of the corporation
generally cannot be held personally liable for the
liabilities of the latter, in deference to the.separate
and distinct legal personality. of a corporation from
the persons composing it, personal liability of suon
corporate director, trustee, or offiqer, along (atttiough
not necessarily) with the corporation, ·may validly
attach when he is made by a specific pr.6visionof law
personally ar:iswerable for ··his corporate action
(Gargallo v. DOHLE Seafront Crewing (Manila), Inc,
G.R. No. 215551, August 17, 2016).
Section 10 is plain and clear, the joint and several
liability of the principal/en,ployer,
recruitment/placement agency,, and the corporate
offcers cif the latter, for the mori~y claims' and
damages of an overseas Filipino worker is abs0li.Jte
and without qualification. It is intended th give utmost
protection to the overseas Filipino worker, who may
not have the resources to pursue her money ciairns
and damages against the foreign principal/amployer
in another country (Princess Talent . Center
Production, Inc. v. Masagca, G.R. No. 191310, April
11, 2018).
The terms of Section 10 of R.A. No. 8042 clearly
states the solidary liability of the principal and the
recruitment agency to the employees and this
liability shall not be affected by any substitution,
amendment or modification for the entire duration of
the employment contract (Powerhouse Staffbuilders
International, Inc. v. Rey, G.R. No. 190203,
November 07, 2016).
PRESCRIPTIVE PERIODS
Illegal recruitment cases under this Act shall
prescribe in five (5) years: Provided, however, That
illegal recruitment cases involving economic
sabotage as defined herein shall prescribe in twenty
(20) years (R.A. No. 8042, Sec. 12).
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SPECIALPENAL LAWS.
Criminal Law
ANTI-ILLEGAL NUMBER
GAMES LAW
PRESIDENTIAL DECREE
NO. 1602,
AS AMENDED BY
REPUBLIC ACT NO. 9287
Approved on: April 2, 2004
Effectivity Date: April 19, 2004
DEFINITION OF TERMS (Sec. 2)
Illegal numbers game is any form illegal gambling
activity which uses numbers or combirn~tionsthereof
as factors in giving out jackpots (Par. a).
Jµete.ng is an illegal numbers game that involves the
combination Qf thirty-seven (37) numbers against
thirti--seven (37) numbers from number one (1) to
. thirty seven (37) or the combination of thirty-eight
(38) num~rs in, sorpe areas, serving as a;orm of
1ocal lottery wherebets are placed and accepted per
combination, and its yariants (Par. b).
Masiao is an illegal numbers game where the
yvinning,combinijtion is derived from the results of
the last game ·of;Ja1Alat or the Special Llave portion
or any result thereoft)ased on any fictitious Jai Alai
game consisti~ of ~en (10) players pitted against
one another, and its variants (Par. c).
. .
Last two is an illegal numbers game where the
winning combinatiOn is derived from the last two (2)
numbers of :the first prize of the winning
Sweepstak~s 'ticket which comes out during the
weekly ,drawof the Philippine Charity Sweepstakes
Office (PCSO), and its variants (Par. d).
PENALTIES:
Any person who participates in any illegal numbers
game shall suffer the following penalties:
1. The penalty of imprisonment from thirty (30)
days to ninety (90) days, if such person acts as
a bettor;
2. The penalty of imprisonment from six (6) years
and one (1) day to eight (8) years, if such person
acts as a personnel or staff of an illegal numbers
game operation;
3. The penalty of imprisonment from eight (8) years
and one (1) day to ten (10) years, if such person
acts as a collector or agent;
4. The penalty of imprisonment from ten ( 10) years
and one ( 1) day to twelve ( 12) years, if such
person acts as a coordinator, controller or
supervisor;
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5. The penalty of imprisonment from twelve (12)
years and one (1) day to ten (10) fourteen (14)
years, if such person acts as a maintainer,
manager or operator
6. The penalty of imprisonment from fourteen (14)
years and one (1) day to sixteen (16) years, if
such person acts as a financier or capitalist;
7. The penalty of imprisonment from sixteen (16)
years and one (1) day to twenty (20) years, if
such person acts as protector or coddler (Sec.
3).
The penalty next higher in degree as provided for
under Section 3 shall be imposed upon a recidivist
who commits any of the offenses punishable in this
Act (Sec. 7).
The possession of any gambling paraphernalia and
other materials used in the illegal numbers game
operation shall be deemed prima facie evidence of
any offense covered by this Act (Sec. 4).
Liability of Government Employees and/or
Public Officials:
1. 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;
2. In case of failure to apprehend perpetrators of
any illegal numbers game, any law enforcer shall
suffer an administrative penalty.of suspension or
· dismissal, as the case may be, to be imposed by
the appropriate authority (Sec. 5).
Liability of Parents/Guardians
The penalty of imprisonment from six (6) months and
one (1) day to one (1) year or fine ranging from One
hundred thousand pesos (P100,000.00) to Four
hundred thousand pesos (P400,000.00) shall be
imposed upon any parent, guardian or person
exercising moral authority or ascendancy over a
minor, ward or incapacitated person, and not
otherwise falling under any of the foregoing
subsections, who induces or causes such minor,
ward or incapacitated person to commit any of the
offenses punishable in this Act (Sec. 6).
COMPREHENSIVE
FIREARMS AND
AMMUNITION REGULATION
ACT
REPUBLIC ACT NO. 10591,
AMENDING P .D. NO. 1866
AND R.A. NO.8294
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Approved on: May 29, 2013
Effectivity Date: June 13, 2013
Topics related to: Qualifying Aggravating
Circumstance; Crimes Against Public Order
DEFINITION OF TERMS (Sec. 3, R.A.
10591)
Ammunition
It refers to a complete unfixed unit consisting of a
bullet, gunpowder, cartridge case and primer or
loaded shell for use in any firearm (Par. b).
Firearm
It refers to any handheld or portable weapon,
whether a smaH arm or light weapon, that expels or
is designed to expel a bullet, shot, slug, missile or
any projectile, which is discharged by means of
expansive force of gases from burning gunpowder or
other form of combustion or any similar instrument
or implement. For purposes of this Act, the barrel,
.. frame or receiver is considered a firearm (Par. /).
1~111.usJ$!ing
It refersrtt)Jt~e import, export, acquisition, sale,
delivery, movement or transfer of firearms, their
parts and components and ammunition, from or
across the ;ter(itory of one country to that of another
country whi¢h 'has not been authorized in
accordar)Ce 14,tith·domestic law in either or both
countrytQO!.lfil!f4Miear.d).
,:. ·.~.;; ;.'. .~··-,,~;,:; .. < ··. :· ··~••;,«: 1:
lmitation:,h~~~~~ ··
It refers to a replica of a firearm, or other device that
· ·· .~1,1bstantially
similar in coloration and overall
'iince to an existing firearm as to lead a
reasonable person to believe that such imitation
firearm is a real firearm (Par. q).
NOTE: An imitation firearm used in the commission
of a crime shall be considered a real firearm and the
person who committed the crime shall be punished
in accordance with this Act.
However, 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 (Sec. 35).
Licensed Citizen
Any Filipino who complies with the qualifications set
forth in this Act and duly issued with a license to
possess or to carry firearms outside of the residence
in accordance with this Act (Par. r).
Gun Club
It refers to an organization duly registered with and
accredited in good standing by the Firearms and
Explosives Office (FEO) of the PNP which is
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established for the purpose of propagating
responsible and safe . gun ownership, proper
appreciation and use of firearms by its members, for
the purpose of-sports and shooting competition, self-
defense and collection purposes (Par. o).
Loose Firearm
It refers to 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 in
accordance with the rules and regulations (Par. v).
Permit to Carry Firearm Outside of Residence
It is the written authority issued to a licensed citizen
by the Chief of the PNP 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 (Par. y).
Permit to Transport Firearm
It is the written authority issued to a ficerised citizen
or entity by the Chief of the PNP' or 'by.a .PNP.
Regional Director which entitles such person or
entity to transport a particularfirearm from and to a
specific location within the duration and p1:1rposein
the authority (Par. z). · bf those enumerated under R.A. No. 8294, any
Tampered, Obliterated or .Altered Firearm
It refers to any firearm whose serial number or other
identification or ballistic characteristics have. been
intentionally tampered with'~ oti1itetijted or.altered
without authority or in order to conceal itl3 source,
identity or ownership (Par. ff). · '
PUNISHABLE ACTS UNQER S~p. ~8
AND 29:
1. Unlawful acquisition or pos~$sion , of
firearms and ammunition (Sec. 28); and
Aggravating Circumstances:
a. Loaded with ammunition or inserted with a
loaded magazine;
b. Fitted or mounted with laser or any gadget
used to guide the shooter to hit the target
such as thermal weapon sight (TWS) and
the like;
c. Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer;
2.
d. Accompanied with an extra barrel; and
e. Converted tq be capable of firing full
automatic bursts.
NOTE: A simple reading of Sec. 1 of RA 8294
shows that if an unlicensed firearm is used in the
commission of any crime, there can be no
separate offense of simple illegal possession of
firearms. Hence, if the "other crime" is murder or
homicide, illegal possession of firearms
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SPECIALPENALLAWS
Criminal Law
becomes merely an aggravating circumstance,
not a separate offense. Since direct assault with
multiple attempted homicide was committed in
this case, appellant can no longer be held liable
for illegal possession of firearms (People v.
Ladjaalam, G.R. Nos. 136149-51, September
19, 2000).
The accused can be convicted of simple illegal
possession of firearms, provided that "no other
crime was committed by the person arrested."
The word "committed" taken in its ordinary
sense, and in light of the Constitutional
presumption of innocence, necessarily implies a
prior determination of guilt by final conviction
resulting from successful prosecution or
voluntary admission ( Gelino v. Court of Appeals,
G.R. No. 170562, June 29, 2007).
Citing the case of People v. Valdez (1999), the
Supreme Court ruled that "all pending cases
involving.. illegal possession of firearm should
continue to be prosecuted and tried if no other
crimes expressly indicated in Republic Act No.
8294 are involved xx x." (Id.).
In sum, when tne other offense involved is one
information for illegal possession of firearm
sho~ld be quaslled because the illegal
possession pf firearm would have to be tried
together with such other offense, either
considered/as ·canaggravating circumstance in
murder or tiomicid~. or absorbed as an element
of rebellion, insurrection, sedition or attempted
coup d'etat. Conversely, when the other offense
involved is not one of those enumerated under
RA. No.8294, then the separate case for illegal
posSElsSiof'lof firearm should continue to be
prosecuted
(Id.);
To be guilty of illegal possession of firearms and
ammunition, one does not have to be in actual
possession thereof. The law does not punish
physical possession alone but possession on
general including constructive possession or the
subjection of the thing to the owner's control
(Evangelista v. People, G.R. No. 163267, May 5,
2010).
Use of loose firearm, when inherent in the
commission of a crime, shall be considered
as an aggravating circumstance (Sec. 29).
NOTE: If the violation is in furtherance of, or
incident to, or in connection with the crime of
rebellion, insurrection, or attempted coup
d'etat, such violation shall be absorbed as an
element of the crime of rebellion, insurrection, or
attempted coup d'etat (Par. 2).
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If the crime is committed by the person without
using the loose firearm, the violation shall be
considered as a distinct and separate offense
(Par. 3).
OTHER PUNISHABLE ACTS:
1. Carrying of registered firearm outside of
residence by a licensed person without any legal
authority therefor (Sec. 31);
2. Unlawful manufacture, importation, sale or
disposition or possession of firearms or
ammunition or instruments (Sec. 32);
NOTE: The possession of any machinery, tool
or instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof 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/illegal manufacture of firearms, ·
ammunition or parts thereof (Par. 2);
If the violation or offense is committed by a
corporation, partnership, association or other
juridical entity, the penalty provided for_in this
section shall be imposed upon the directors,
officers, employees or other officials or persons
therein who knowingly and willingly participated
in the unlawful act (Par. 4).
3. Unlawful taking, sale or disposition by any
Laborer, worker or employee of a licensed
firearms dealer of parts of firearms or
ammunition which the company manufactures
and sells, and other materials used by the
company in the manufacture or sale .offire.arms
or ammunition (Sec. 32(b));
NOTE: The buyer or possessor of such stolen
part or material, who is aware that such part or
material was stolen is also penalized (Sec. 32,
Par. 3).
4. Arms Smuggling (Sec. 33);
5. Unlawful Tampering, obliteration or alteration of
firearm's identification (Sec. 34);
6. · Planting evidence or the willful and malicious
insertion, placing and/or attachment, directly or
indirectly, through any overt or covert act, of 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 (Sec. 38);
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7. Failure to notify lost or stolen firearm or light
Weapon to the FEO of the PNP within thirty (30)
days from discovery (Sec. 40, Par. 1);
8. Failure to notify the FEO of the PNP of a licensed
person's change of residence or office address,
other than that indicated in the license card,
within thirty (30) days from transfer (Sec. 40,
Par. 2); and
9. Illegal transfer or registration of firearms to any
person who has not yet obtained or secured the
necessary license or permit thereof (Sec. 41).
GROUNDS FOR REVOCATION,
CANCELLATION OR SUSPENSION OF
LICENSE OR PERMIT (Sec. 39):
The Chief of the PNP or his/her authorized
representative may revoke, cancel or suspend a
license or permit on the following grounds:
1. Commission of a crime or offense involving the
firearm, ammunition, of major parts thereof;
2. Conviction of a crime involving moral turpitude
<i,:;;qr c:1ryQ'!fense where the penalty carries an
·····1rtiptt~l1Ment of more than six (6) years;
3. Loss of ttie firearm, ammunition, or any parts
thereof through negligence;
4. Carrying of the firearm, ammunition, or major
parts thereof outside of residence or workplace
without, the proper permit to carry the same;
5. Ca-. · · e>1't~Jirearm, ammunition, or major
0
parfs .. pf:inprohibited places;
6. Dismissal for cause from the service in case of
government official and employee;
Commission of any of the acts penalized under
'Repub1icAct No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002";
8. Submission of falsified documents or
misrepresentation in the application to obtain a
license or permit;
9. Noncompliance of reportorial requirements; and
10. By virtue of a court order.
ANTI-HAZING ACT OF 2018
REPUBLIC ACT NO. 8049,
AS AMENDED BY
REPUBLIC ACT NO. 11053
Approved on:
R.A~ No. 8049- June 7, 1995
R.A. No. 11053 - June 29, 2018
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Effectivity Clauses:
R.A. No. 8049 - This Act shall take effect fifteen (15)
calendar days after its publication in at least two (2)
national newspapers of general circulation (R.A. No.
8049, Sec. 7).
R.A. No. 11053 - This Act shall take effect fifteen
( 15) days after its publication in the Official Gazette
or in at least two (2) national newspaper of general
circulation (R.A. No. 11053, Sec.18).
Topic related to: Crimes Against Persons
DEFINITION OF TERMS (Sec. 2)
Hazing
It is any act that results in physical or psychological
suffering, harm, or injury inflicted· on a recruit,
neophyte, applicant, or· member as part of an
initiation rite or practice made -as a prerequisite for
admission or a requirement for continuing
membership in a fraternity, .§orority, or Orga~zation
(FSO) (Par. a).
.. . 5.•
Hazing shall also include any ac\ivity, lntentiona1I'y
made or otherwise, by one person alon~. orac::ting
'or
with others, that tends to hur:niUat~ embarrass,
degrade, abuse, or endanger,. by requlring a recruit,
neophyte, applicant, or member to do menial, silly,
or foolish tasks.
Initiation or Initiation Rite~ .,. ..
It refers to ceremonies, p113ctiQes 1 rituals,, or other
acts, weather formal or inforrnalJhat a per~op must
perform or take part in order to be ?cceptec(into a
fraternity, sorority, or organii.ation all a full-fledged
member (Par. b). · ·· · PROHIBIT(ON O;:JHAZING (Sec. 3)
Organization
It is an organized body of people which include$; but
it is not limited to, any club, association,, group,
fraternity, and sorority. This term shall frtclvdethe
Armed Forces of the Philippines (AFP), the
Philippine National Police (PNP), the Philippine
Military Academy (PMA), the Philippine National
Police Academy (PNPA), and other similar
uniformed service learning institutions (Par. c).
Schools _
Refer to colleges, universities, and all other
educational institutions (Par. d).
ELEMENTS OF HAZING: (ESP)
Hazing is a crime when:
1. A person is placed in some !;_mbarrassing or
humiliating situation or .§ubjected to physical or
psychological suffering or injury; and
2 .. These acts were employed as a frerequisite for
the person's admission or entry into an
organization (People v. Bayabos, G.R. No.
171222, February 18, 2015).
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SPECIALPENALLAWS
Criminal Law
ALLOWED INITIATION RITES (Sec. 2)
Oniy initiation rites or practices that do not constitute
hazing shall be allowed: Provided, that a written
application to conduct initiation rites shall be made
to the proper authorities of the school not later than
seven (7) days prior to scheduled initiation date.
NOTE: The written application shall contain the
. following (PUT-OOP):
1. flace and date of the initiation rites and the
names of the recruits, neophytes, or applicants
to be initiated and the manner by which they will
conduct the initiation rites;
2. Y,ndertaking that no harm of any kind shall be
committed by anybody during the initiation rites;
3. Period of the initiation activities which shall not
exceed !hree (3) days;
4. Names of the Incumbent Officers of the
fraternity, sorority, or organization and any
person or persons who will take charge in the
conduct of the initiation rites;
IVshall be under Oath with a declaration that it
bas been posted in the official school bulletin
b~ard, tlie bulletin board of the office of the
fraterrtity; sqro.rity, or organization, and two (2)
other consp¢uous places in the school or in the
prertiises ofthe·organization;
6. · · The application shall be fasted from the time of
submission '.of·the written notice to the school
authorities or head of organization and shall only
be temovedJrom its posting three (3) days after
the conduct , of .the initiation rites (R.A. No.
11053, Sec. 4 amending R.A. No. 8049, Sec. 2).
. Sec. ·3 of ~.A. No. 11053 expanded the scope of
RA,, Ncf 80,49 by prohibiting the following:
· 1: • Afl , form~ of hazing shall be prohibited in
f.r~teri),iti~s. sororities, _ and organizations in
schools, including citizens' military training and
citizens' army training;
2. 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; and
NOTE: Physical, mental, and practices to
determine and enhance the physical, mental,
and psychological fitness of prospective regular
members of the AFP and the PNP 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, shall not be
considered as hazing purposes of this Act;
Provided, further, That the exemption provided
herein shall likewise apply to similar procedures
and practices approved by the respective heads
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of other uniformed learning institutions as to their
prospective members, nor shall this provision
apply to 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.
3. In no case shall hazing be made a requirement
for employment in any business or corporation.
PUNISHABLE ACTS (Sec. 4): (PFAC) .
1. farticipation in the hazing;
2. failure to prevent the hazing from occurring
despite actual knowledge thereof;
3. Actual planning of the hazing; and
4. ~ooperation in carrying out the hazing by
inducing the victim to be present thereat (R.A.
No. 8049, Sec. 4).
NOTE: The consent of the victim to be injured shall
. not be a defense in hazing. The very act of inflicting
physical or psychological pain is a punishable act.
Death is just an aggravating circumstance (If
CAMPANILLA, Reviewer, supra at 404).
Violations of the Anti-Hazing Law ,re inala
prohibita
The study of the provisions of R.A. 8049 shows No.
that, on paper, it is complete and robust in per,,alizing
the crime of hazing. It was made ma/um
prohibitum to discount criminal intent and ,disallow
the defense of good faith (Dungo v. People, G.R
No. 209464, July 1, 2015).
Since hazing is a ma/um prohibitum offense the law
provides that any person charged with thes~Id crime
shall not be entitled to the mitigating 9ircumstance
that there was no intention to commit so grave a
wrong. Also, the framers of the law intended thiltthe
consent of the victim shall not be a defense in hazing
(Dungo v. People, G.R. No. 209464, July 1, 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 v. People, G.R. No. 209464,
July 1, 2015). · f. The farents if the hazing is held in the home
PERSONS LIABLE (Sec. 14, R.A. No.
11053):
1. Principals: (P2AK-OP}
a. All persons who actually ·ffanned or
participated in the hazing (Par. a and Par.
b(1));
· The incumbent officers of the fraternity,
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sorority, or organization concerned shall be
jointly liable with those members who
actually participated in the hazing.
b. All persons who are actually fresent during
the hazing (Par. b(2), Par. b (4) and Par. b
. (6));
NOTE: The presence of any person during
the hazing is prima facie evidence. of
participation as principal, unless he
prevented the commission of the punishable
acts (R.A. No. 11053, Sec. 14, par. 5). This
provision is unique because a disputable
presumption arises from the mere presence
of the offender during the hazing, which can
be rebutted by proving that the accused took
steps to prevent the commission of the
hazing.
Generally, mere presence at the scene of
the crime does not in itself amount to
:;;, conspiracy. Exceptionally, under R.A. No.
. ; .. 8049, the participation of the offenders in the
(it''<,>;:,'....crirrJipal conspiracy can be proven by
'i: >:.:t;L;::,,
::tt)e 11f;{ma facie evidence due to their
-~ei)ce during the hazing, unless they
prevej,ted ttie commission of the acts
the.tfeip'({Jungo v. People, G.R. No. 209464,
July 1, 2015).
c. The Sdviser of a FSO who is present during
; hd failed to take action to
same from occurring or failed to
promptly report the same to the law
enforcement authorities if such adviser or
iser or advisers can do so without peril to
t person or their family (Par. b (3));
d. Officers or members of the FSO who
Knowingly cooperated in carrying out the
hazing by inducing the victim to be present
thereat (Par. b (5));
e. The Owner or lessee of the place where
nazing is conducted when he 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}amily (Par. 2);
of one of the officers or members of the FSO
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 (Par. 3).
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2. Accomplices
The school authorities including faculty
members and barangay, municipal, or city
officials shall be liable as an accomplice and
likewise be held administratively accountable for
hazing conducted by the fraternities, sororities,
other organizations, if it can be shown that 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.
NOTE: Any person charged under this act shall
not be entitled to the mitigating circumstances
that there was no intention to commit so grave a
wrong (Sec. 14).
Any conviction by final judgment -sh~II be
reflected on the scholastic recor<:j,personal,•or
employment record of the person convicted,
regardless of when the judgment conviction has
become final (Sec. 14). - · Protectorl()oddl~r
.. . his/her influence, power or position in shielding,
COMPREHENSIVE·••
DANGEROUS DRUGS ACT
OF 2002
REPUBLIC ACT NO._91.t>5,
AS AMENDED BY
REPUBLIC ACT NO. 10640
·..
.
Approved on:
R.A. No. 9165- Jurie 07, 2002
R.A. No. 10640 - July 15, 2014
Effectivity Date:
R.A. No. 9165 - July 4, 2002
R.A. No. 10640 - July 22, 2014
Topics related to: R.A. No. 9165 repealed Title 5
(Crimes Relative to Opium and Other Prohibited
Drugs) of the RPG
DEFINITION OF TERMS (Sec. 3)
Controlled Precursors and Essential Chemicals
(CPIEC)
Include those listed in Tables I and II of the 1988 UN
Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances (Par. h).
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SPECIALPENALLAWS
Criminal Law
Dangerous Drugs (DD)
Include those listed in the Schedules annexed to the
1961 Single Convention on ·Narcotic Drugs, as
amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on
Psychotropic Substances (Par. j).
Den, Dive or Resort
.A place where any dangerous drug and/or controlled
precursor and essential. chemical is administered,
delivered, stored for illegal purposes, distributed,
sold or used in any form (Par. I).
Drug Syndicate
Any organized group of two (2) or more persons
forming or joining together with the intention of
committing any offense prescribed under this Act
(Par. o).
FJnancier
Any p~rso,riwho pays for, raises or supplies money
for, qr unde,rwrites any of the illegal activities
prescribed under this Act (Par. q).
Any person whd knowingly and willfully consents to
the unlaWful apts provided for.in this Act and uses
harboring, screening,; qr facilitating the escape of
any person he/she knows, or has reasonable
grounds to .believe; Or•.. suspects, has violated the
provis\ons o.f this Act in; order to prevent the arrest,
prosecution and conviction of the violator (Par. ee).
Pusher
Any person, who sells, trades, administers,
dispenses, delivers; or gives away to another, on any
terms ·whatsoe,ver, or distributes, dispatches in
franslfor;transports dangerous drugs or who acts as
at broke~ in any of such transactions, in violation of
this Acf(Par. ff).
Chain of Custody
The duly recorded authorized movements and
custody of seized drugs or controlled chemicals or
plant sources of dangerous drugs or laboratory
equipment of each stage, from the time of
seizure/confiscation, to receipt in the forensic
laboratory, to safekeeping, to presentation in court
for destruction. Such record of movements and
custody of seized item shall include the identity and
signature of the person who held temporary custody
of the seized item, the date and time when such
transfer of custody were made in the course of
safekeeping and use in court as evidence, and the
final disposition (Dangerous Drugs Board Resolution
No. 1, Series of 2002, implementing R.A. /\lo. 9165,
Sec. 1, Par. b).
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ACTS PUNISHABLE UNDER SEC. 5 OF
· R.A. NO. 9165: (ST2AD3T)
1. §.ale of DD and/or CP/EC;
. his/her knowledge, by injection, inhalation,
ELEMENTS O.F ILLEGAL SALE: (ID)
a. The !dentity of the buyer and the seller; the
object and the consideration of the sale· and
b. The Qelivery of the thing sold and' the
payment therefor (People v. Manabat, G.R.
No. 242947, July 17, 2019).
The commission of the offense of illegal sale of
pr(l)hibited drugs requires merely the
consummation of the selling transaction, which
happens the moment t7he buyer receives the
drug from the seller. Thus, what is material to a
prosecution for illegal sale of dangerous drugs is
proof that the illicit transaction took place
coupled with the presentation in court of the
corpus delicti drug as evidence (People v.
Villahermosa, G.R. No. 186465, June 2, 2011).
The crime of illegal sale of dangerous drugs
necessarily includes the crime of illegal
possession to dangerous drugs (People v.
Maongco, G.R. No. 196966, October 23, 2013).
NOTE: In order to sustain a conviction for selling
prohibited drugs, the element of sale must be
unequivocally established. What the · law
proscribes is not only the act of selling but also
the act of delivering. What is important isthat the
poseur-buyer received the drugs .from tile
accused (People v. Ponferada, G.R. No.
101004, March 17, 1993). · knowledge on the part of the one delivering that
The presentation of buy-t?ust money is not
indispensable to the prosecution of a drug case
(People v. Eugenio, G.R. No. 146805, January
16, 2003).
While the Court has also had occasion to .hold
that presentation of the buy-bust money, as a
lone defect, is not indispensable to the
prosecution of a drug case, again it raises
doubts regarding the regularity of the buy-bust
operation (People v. Martin, G.R. No. 193234,
October 19, 2011).
2. Irading
· Transactions involving the illegal trafficking
of dangerous drugs and/or controlled precursors
and essential chemicals using electronic devices
such as, but not limited to, text messages, email,
mobile or landlines, two-way radios, internet,
instant messengers and chat rooms or acting as
a broker in any of such transactions whether for
money or any other consideration in violation of
this Act (Sec. 3, Par. jj). ·
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3. Administration
Any act of introducing any dangerous drug
into the body of any person, with or without
ingestion or other means, or of committing any
act of indispensable assistance to a person in
administering ·a dangerous drug to
himself/herself unless administered by a duly
licensed practitioner for purposes of medication
(Sec. 3, Par. a).
4. Dispensation
Any act of giving away, selling or distributing
medicine or any dangerous drug with or without
the use of prescription (Sec. 3, Par. m).
5. Delivery
- Any act of knowingly passing a dangerous
drug to another, personally or otherwise, and by
any means, with or without consideration (Sec.
3, Par. k). ·
As for the illegal delivery of dangerous drugs, it
Jf !]1UStb~;;P[OVen that:
&: ;~~~'I;;,~cused passed on possession of a
dang~rous drug to another, personally or
otherwi~e. and by any means;
b. Such delivery is not authorized by law; and
c. The accused knowingly made the delivery
(People I>\ Maongco, G.R. No. 196966,
, ,Qc{qJler g},.2013).
>· ••• •••• ,., ••••• • ·,. ••
<-·;; /;;·,. 0')).\2 ?<'>:.)
NOTE: ··'Delivery necessarily involves the
he is delivering is dangerous drugs. If there
'·""'''"'"''""'ist;:;nn:~Idence to show this knowledge, accused
w, I be acquitted (BOADO, supra at 561).
6. Distribution of DD and/or CP/EC; and
7. Iransportation of DD and/or CP/EC.
Maximum penalty shall be imposed:
1. If the illegal activities transpire within one
hundred (100) meters from the school;
2. If the victim of the offense is a minor or a
mentally incapacitated individual, or should a
dang~rous drug and/or a controlled precursor
and essential chemical involved in any offense
herein provided be the proximate cause of
death of a victim thereof;
3 .. To any person who organizes, manages or acts
as a "financier" of any of the illegal activities
(R.A. No. 9165, Sec. 5).
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PUNISHABLE ACT UNDER SEC. 11 OF
R.A. NO. 9165
Possession of Dangerous Drugs
ELEMENTS OF ILLEGAL POSSESSION: (PINC)
1. The accused is in f_ossession of an item or
object, which is !dentified to be prohibited or
regulated drug;
2. Such possession is !fat authorized by law; and
3. The accused freely and 9_onsciously possessed
the drug (People v. Trinidad, G.R. No. 199898,
September3, 2014).
.NOTE: Constructive possession exists when the
drug 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. The accused cannot avoid conviction if,
his right to exercise control and dominion over the
place where the contraband is located, is s·hared,with
another (People v. Trinidad, G.R. No. 199898,
September 3, 2014).
The Supreme Court ruled that possession of
marijuana and shabu are two· ··diffl:!rent· crimes,
despite being committed at the same time and in the
same place (People vs. Tira, G.R. No. 139615, May
28, 2004). . .
PUNISHABLE ACT UNDER SEC. 15 OF
R.A. NO. 9165
Use of Dangerous Drugs
Illegal use of dangerous drugs is c6Q1mitted by. a
person apprehended or arrestee;!,who is,,foundto be·
positive for use of any dangerous drug,. after a ·
confirmatory test. ·· ·
NOTE: This Section shall not be applicabl~ where
the person tested is also found to have in his/ner
possession such quantity of any dangerous drug
provided for under Section 11 of this Act, in which
case the provisions stated therein shall apply.
RULES ON POSSESSION, SALE AND
USE OF PROHIBITED DRUGS AND/OR
PARAPHERNALIA:
1. When the seller is apprehended, the quantity he
is possessing must be equal to that being sold
by him. If so, it will be illega~ sale only,
possession being absorbed by the sale. But if
the quantity possessed by him is greater than
the quantity negotiated, he is still liable for illegal
possession equal to the excess amount.
2. Possession of instruments for administering
drugs is punished separately. But if possession
of pipe is when he is smoking the same,
possession of pipe is absorbed. If he is found
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SPECIALPENALLAWS
Criminal Law
possessing the pipe and opium and he is not
smoking, two crimes are committed: illegal
possession of opium and illegal possession of
opium pipe.
3. An offender who is tested positive for use and is
found to be in possession of any quantity of
dangerous drugs shall be punished · for
possession only (Sec. 11, in relation to Sec. 15).
OTHER PUNISHABLE ACTS UNDER R.A.
NO. 9165:
1. Importation of DD and/or CP/EC (Sec. 4);
2. Maintenance of a den, dive or resort (Sec. 6).
3. Employment in and visiting a den, diye or resort;
NOTE: The violator must be aware of the nature
of the place as such, and in case of the visitor,
he must also knowingly visit the same (Sec. 7).
4. Manufacture of DD and/or CP/EC (Sec. 8);
5.. Illegal ct,emical 9iversion of CP/EC (Sec. 9);
. 6. · Manufacture or delivery of equipment,
instrumen,t, apparatus and other paraphernalia
, ... fpr DO anct/br CP/EC (Sec. 10);
7. Possessior;t.ofiquipment, instrument, apparatus
and other. parapti~rnalia for DD;
NOTE: The possession of such equipment,
instrument, apparatus, and other paraphernalia
fit or inter;tded.. ·for any of the purposes
ern.im~ratedr in Sec. 11 shall be prima
facie evidenc;a..that;.the possessor has smoked,
consumed,· administered to himself/herself,
injected, ingested; or used a dangerous drug
and sh~f be pre§lumed to have violated Sec. 15
. of thisAct (Sec/ 12).
8.' Pqssessi9n of DD during •parties, social
g~therings or meetings or in the proximate
company of at least 2 persons (Sec. 13);
9. Possession of equipment, instrument, apparatus
and other paraphernalia for DD during parties,
social gatherings or meetings or in the proximate
company of at least 2 persons (Sec. 14);
10. Cultivation or culture of plants classified as DD
or are sources thereof (Sec. 16);
11. Failure to maintain and keep records of
transactions on DD and/or CP/EC (Sec. 17);
12. Unnecessary.prescription of DD (Sec. 18); and
13. Unlawful prescription of DD (Sec. 19).
CHAIN OF CUSTODY RULE (Sec. 21,
R.A. No. 9165, as amended by RA No.
10€$40):(PPS-CeFOBS-SPT)
The following steps are taken in the chain of custody
of confiscated, seized or surrendered Dangerous
Drugs, Paraphernalia:
1. fhysical inventory and fhotograph of the items
seized in the presence of the accused or the
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person/s from whom such items were
confiscated and/or · seized, or his/her
representative or counsel, with an elected public
official and a representative of the National
Prosec.ution Service or the media who shall be
required to sign the copies of the inventory and
be given a copy thereof;
NOTE: The physical inventory and photograph
shall be conducted at the place where the
search warrant is served; or at the nearest police
station or at the nearest office of the
apprehending officer/team, whichever is
practicable, in case of warrantless seizures;
2. §.ubmit the· items seized within 24 hours to the
PDEA Forensic Laboratory for a qualitative and
quantitative examination;
3. Certification of the results of the laboratory
examination within 24 hours from the receipt of
the subject items. When the volume of the
subject does not allow the completion of the
examination within 24 hours, a partial laboratory
report shall be issued, and a final certification
shall be issued immediately upon completion of
the said examination and certification;
4. filing of the criminal case in court;
5. Ocular inspection by the Court of the subject
seized, confiscated or surrendered; . 14, 2018).
6. Within the next 24 hours, the !urning or
destroying of the items in the presence of the
accused or his counsel, reptesentative from the
media, DOJ, civil society, and any elected public
official;
7. §.worn certification of the burning or disposal is
issued by the DOB;
8. §.ubmission of the sworn certificate of
destruction or burning to the court;
9. After promulgation ofjudgment by the court, the
representative sample, with leave of court, shall
be turned over to the .e_DEAwhich shall destroy
the same within 24 hours from its receipt; and
1O. The DOB shall be informed of the Iermination of
the case.
RULES ON PROCEDURAL LAPSES:
1. Minor Lapses
Failure of the apprehending team to strictly
comply with the procedure laid out in Section 21
of RA 9165 and the IRR does not ipso facto
render the seizure and custody over the items as
void and invalid. In this case, the' lapses
committed by the police officers were left
unacknowledged-and unexplained by the State
(People v. Lim, G.R. No. 223556, October 9,
2017).
It bears emphasis that the rule that strict
adherence to the 11_1andatoryrequirements of
Section 21(1) of R.A. No. 9165, as amended,
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0
437
and its IRR may be excused as long as the
integrity and the evidentiary value of the
Confiscated items are properly preserved applies
not just on arrest and/or seizure by reason of a
legitimate buy-bust operation but also on those
lawfully made in air or sea port, detention cell or
natlonal penitentiary, checkpoint, moving
vehicle, local or international
package/parcel/mail, or those by virtue of a
consented search, stop and frisk (Terry search),
search incident to a lawful arrest, or application
of plain view doctrine where time is of the
essence and the arrest and/or seizure is/are not
planned, arranged or scheduled in advance
(People v. Lim, G.R. No. 231989, September 04,
2018). .
RE_ASON:These lapses do not produce serious
doubts on the integrity and identity of the corpus
delicti, especially in allegations of a frame up
(People v. Ancheta, G.R. No. 197371, June 13,
2012).
. Twin Conditions to Justify Procedural Lapse:
1. Exis,t~nceof justifiable grounds; and
Pr~ation of the integrity and the
·evide~tiary value of the seized items
(Peopje v. Crispo, G.R. No. 230065, March
2. Gro$ii Lapses
n, case ~f failure to comply with the
.~TSec. 21 in a manner that
compr ·the identity of the items seized,
which is the corpus delicti of each of the crimes
.p • ;~harged, acquittal is in order (People v Ga-a,
''';'1.:J7f@!.lt Np.
',, . ' ......... ·,..; -~-,
t
222559, June 06, 2018).
REASON: There being "gross, systematic, or
deliberate disregard of the procedural
safeguards" the presumption of regularity of the
performance of official duties is overturned
(People v. Otico, G.R. No. 231133, June 6,
2018J:
. PLEA BARGAINING
Sec. 23 of R.A. No. 9165 which prohibits plea
bargaining has been declared unconstitutional for
being in violation of the rule-making power of the
Supreme Court (Estipona vs. Lobrigo, G.R. No.
226679, August 15, 2017).
Pursuant to its rule making power, the Supreme
Court issued OCA Circular 90-2018 on May 4, 2018,
which provides for the Plea Bargaining Framework
for cases under R.A. No. 9165.
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CODEOFCONDUCTAND
ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND
EMPLOYEES
REPUBLIC ACT NO. 6713
Approved on: February 20, 1989
Effectivity Date: March 25, 1989
PROHIBITED ACTS AND
.TRANSACTIONS (Sec. 7): (FOOS)
1. financial and 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,
2. Outside employment and other activities ·related
thereto. - Public officials and employees during
.their incumbency shall not: ·
a. Own, control, manage· of . accept
employment as officer, ..•employee,
consultant, counsel, broker,· agent, trustee
or nominee in any . private enterprise
regulated, supervis~d or licensed by their
office unless expressly allowed by law;
b. Engage in the private practice of their
profession unless authorized ,by the
Constitution or law, provided, t~at such
practice will not coqflicf or tend ·to.conflict
with their official functions; or
c. Recommend any person to any position in a
private enterprise whfch has a, reg'uiar or
pending official transaction with their off~e.
3. Disclosure and/or misuse of cqn(ldential
information. - Public officials an9 einployees · ·'' •· submit sworn statement completely disclosing his or
shall not use or divulge, confidential or classified
information officially known to them by reasen of
their office and not made available to the public,
either:
a. To further their private interests, or give
undue advantage to anyone; or
b. To prejudice the public interest.
4. §.olicitation 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.
Section 7(d) of Republic Act No. 6713 penalizes
both solicitation and acceptance. This is similar
to how Section 3(c) of Republic Act No. 3019
penalizes both the requesting and receiving of
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SPECIALPENALLAWS
Criminal Law
pecuniary or material benefits. In Section 7(d),
the prior or subsequent performance of official
acts is also immaterial (Office of the
Ombudsman v. G.R. Nos. 208481-82, February
07, 2018).
Gifts or grants from foreign governments which
the government consents to (Sec. 7): (NST)
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 §.cholarship or
fellowship grant or medical treatment; or
3. The acceptance by a public official or employee
of !ravel 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
.?3ppropriateor consistent with the interests of the
Philippines, and permitted by the head of office,
branch oragency to which he belongs .
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 childreuc1Jndereighteen (18) years of age
living in their households (Sec. 8).
The requir-ementof filing a SALN is enshrined in no
less than the 1987'Co11stitutionin order to promote
transparency in the civil service, and operate as a
deterrent against government officials bent on
enriching themselves through unlawful means. By
·. mandate' of law, .ke., RA 6713, it behooves every
g9y,ernment offil;rial or employee to accomplish and
her assets, liabilities, net worth, and financial and
... t,usifless interests, including those of his/her spouse
· and unmarried children under eighteen (18) years of
age living in their households, in order to suppress
any questionable accumt1lation of wealth because
the latter usually results from non-disclosure of such
· matters (Daplas v. Department of Finance, G.R. No.
221153, April 17, 2017).
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ANTI-GRAFr AND CORRUPT
PRACTICES ACT
REPUBLIC ACT NO. 3019,
ASAMENDED
Approved on:
R.A. No. 3019 - August 17, 1960, as amended by
R.A. No. 3047, P.O. No. 677, P.O. No. 1288, B.P.
Big. 195, R.A. No. 6713, and R.A. No. 10910
Effectivity Date: August 17, 1960
Topic related to: Crimes committed by Public
Officers
Policy Behind the Law
R.A. No. 3019 was enacted to deter public officials
and employees from committing acts of dishonesty
and improve the tone of morality in public service. If
was declared to be the state policy "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 (Morfe v. Mutuc,
G.R. No. L-20387, January 31, 1968). ·
Construction of Anti-Graft and Corrupt Practices
Act
Every reasonable intendment .. will be made in
support of the presumption of regularity of official
acts, in case of doubt as to an officer's act being
lawful or unlawful, construction should be in favor of
its lawfulness (Bustillo v. People, G.R. No. 160718,
May 12, 2010).
DEFINITION OF TERMS (Sec. 2)
Public Officer
It includes elective and appointive officials and
employees, permanent or temporary, whether in the
classified or unclassified or exempt service receiving
compensation, even nominal, from the government
(Par. b).
Receiving·Any Gift
It includes the act of accepting directly or indirectly a
gift from a person other than a member of the public
officer's immediate family, in behalf of himself orof
any member of his family or relative within the fourt~
civil degree, either by consanguinity or affinity, even
on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under·
the circumstances manifestly excessive (Par. c).
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CORRUPT PRACTICES OF PUBLIC
OFFICIALS (Sec. 3): (VG-PEUN-D12 LD)
· The following corrupt practices are in addition to acts
or omissions of public officers already penalized by
existing law:
1. Persuading, inducing or influencing another
public officer to perform an act constituting a
Violation of rules and regulations duly
promulgated by competent authority or an ··
offense in connection with the official duties of
the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation
or offense (Par. a);
NOTE: Requesting or receiving any gift, present,
or benefit is not required in this provision
(REYES, Book Two, supra at 473). Sec. 3 (a)
requires deliberate intent on part of the public
official concerned to violate those rules and
regulations referred therein (Reyes v. Atienza,
G.R. No. 152243, September 23, 2005).
ELEMENTS: (PAV)
The offender is a fublic officer;
The<: offender persuades, induces, or
'':ln~~ces Another public officer to perform
an achor the offender allows himself to be
persu~(jed, induced, or influenced to commit
anad; and
c. The att performed by tile other public officer
ot cornmitt€d by the offender constitutes a
•¥t~ ' f?''*rules and regulations duly
·p{ · . .ict·by competent authority or an
offense in connection with the official duty of
the latter (Ampil v: Office of the
Ombudsman, G.R. No. 192685, July 31,
:,;.2Q..1t3).
PERSONS LIABLE:
a. Public officer who persuades, induces, or
influences another public officer; and
b. Public officer who is persuaded, induced, or
influenced (I CAMPANILLA, Reviewer,
supra at 160-161).
2. Directly or indirectly requesting or receiving any
Gift, present, share, percentage, or benefit, for
himself or for any other person, in connection
with any contract or transaction between the
government and any other party, wherein the
public officer in his official capacity has to
intervene under the law (Par. b);
ELEMENTS: (ORB-CR)
a. The Offender is a public officer;
b. Who _Bequestedor received a gift, a present,
a share, a percentage, or benefit;
c. On _~ehalf of the offender or any other
person;
d. ln ~onnection with a contract or transaction
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with the government; and
e. In which the public officer, in an official
capacity under the law, has the Bight to
intervene (Garcia v. Sandiganbayan, G.R.
No. 155574, November 20, 2006).
NOTE: The lack of "demand" is immaterial. After
all, Sec. 3 (b) of R.A. No. 3019 uses the word
"or" between requesting and receiving (Peligrino
v. People, G.R. No. 136266, August 13, 2001).
There must be a clear intention on the part of
the public officer to take the gift so offered and
consider it as his/her own property from then on.
Mere physical receipt unaccompanied by any
other sign, circumstance, or act to show
acceptance is not sufficient to lead the court to
conclude that the crime has been committed
(Peligrino v. People, G.R. 136266, August 13,
2001).
3. Directly or indirectly requesting or receiving any
gift, present or other pecu~iary ,<>r;material ' ·
benefit, ·for himself or for anpther/ from any
person for whom the put>iic offi~er,.in 'any.
manner or capacity has securffd 9fobtained, or
will secure or obtain, any gover'f\rilent fermit or
license, in consideration for theehelp given or.to
be given, without prejudice to'~c. 13 of this Act
(Par. c);
ELEMENTS: (PSe-HeRe) . .. . .. .
a
a. That the offender is Publicofficer:
b. That in any manner -br capacity he has
Secured or obtained, or wo1,1ldsecure or
obtain, for a person ariy government permit
or license; · ···
c. That he requested or received the.,gift,
present or other pecuniary, or' material
benefit in consideration for Heipcgiyenor to
be given; and · .·judgment or negligence; it imputes a dishonest
d. That he directly or indirectly Requested or·
received from said person any gift, present
or other pecuniary or material benefit for
himself or for another (Tecson v.
Sandiganbayan, G.R. No. 123045,
November 16, 1999).
4. Accepting or having any member of his family
accept .!;_mploymentin a private enterprise which
has pending official business with him during the
pendency thereof or within one ( 1) year after its
termination (Par. d);
NOTE: Brother-in-law falls within the definition
of family under Sec. 3(d) thereof (Valera v.
Office of the Ombudsman, G.R. No. 167278,
February 27, 2008).
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SPECIALPENALLAWS
Criminal Law
5. Causing any Y,ndue 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
judicial 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 licenses
or permits or other concessions (Par. e);
ELEMENTS: (P2 U2 A)
a. That the accused are fublic officers or
private persons charged in conspiracy with
them;
b. That said public officers committed the
frohibited acts during the performance of
their official duties or in relation to their
public positions;
· c. That they caused Y,ndue injury to any party,
,whether the Government or a private party;
d/ That ..such injury was caused by giving
!lnwarf8:nted benefits, advantage or
· • pref~Emce to such parties; and
· e,, ThatJhe.pOblic officers ,Acted with manifest
part~lity, · evident · bad faith or gross
lnexc&tsable :negligence (Dela Chica v.
Sandigahbayar,, G.R. No. 144823,
Decemhe.r 8; 2Q03).
Manifest partiality exists when the accused has
.a ;<clear, notoriou$, or plain . inclination or
proollection to.,favor one side or one person
.·rather thaOanother. It is synonymous with "bias"
Which e~ites a ;disposition to see and report
matters"as they, are wished for rather than as
they,are (Reyes v. People, G.R. No. 177105-06,
...,Augusf4,.2010).
Bad,faith does not simply connote bad
purposi3 or some moral obliquity and conscious
doing of a wrong; a breach of sworn duty through
some motive or intent or ill will; it partakes of the ·
nature of fraud (Sison v. People, G.R. Nos.
170339, 170398-403, March 9, 2010).
Gross negligence has been so defined as
negligence characterized by the want of even
slight 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 (Sison v. People, G.R.
Nos. 170339, 170398-403, March 9, 2010). In
cases involving public officials, there is gross
negligence when a breach of duty is flagrant and
, palpable (Quibal v. Sandiganbayan, G.R.
109991, May 22, 1995).
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NOTE: If the act wa~ committed with malice, the
crime committed may be Malicious Delay in the
Administration of Justice.
There are two (2) ways by which a public official
violates Sec. 3 (e) of R.A. No. 3019 in the
performance of his functions, namely: (a) by
causing undue injury to any party, including the
Government; or (b) by giving any private party
any unwarranted benefits, advantage or
preference. The accus~d may be charged under
either mode or under both (Cabrera v.
Sandiganbayan, G.R. No. 162314-17, October
25, 2004). This does not however indicate that
each mode constitutes a distinct offense, but
rather, that an accused may be charged under
either · mode or under both (Bautista v.
Sandiganbayan, G.R. No. 136082, May 12,
2000).
The last sentence of Sec. 3 (e) is intended to
make clear the inclusion of officers and
employees of offices or government
corporations which, under the ordinary concept
of "public officer'' may not come within the term.
It is a strained construction of the provision to
read it as applying exclusively to public officers
charged with the duty of granting license or
permits or other concessions (fvfejorada v. ·
Sandiganbayan, G.R. Nos. L-51065-72, June
30, 1987). .. . Liab~ty of a Private Person upon Allegation
6. Neglecting or refusing, after due demand or
request, without sufficient ju~tification, -to act
within 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 materialbenefit or
advantage, or for the purpose of favorin,g his
own interest or giving undue advantage,infavor
of or discriminating against any other interested
party (Par. f).
ELEMENTS: (PORN)
a. The offender is a fublic officer;
b. Such failure to act is for the purpose of
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
discriminating against another interested
party;
c. Reasonable time -has elapsed from such
demand or request without the public officer
having acted on the matter pending before
him; and
d. The said officer has Neglected or has
refused to act without sufficient justification
after due demand or request has been made
on him (Salvacion v. Sandiganbayan, G.R.
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No. 175006, November 27, 2008).
NOTE: Neglect or delay of public .function
must be accompanied by .a demand
impliedly or expressly of any benefit or
consideration for himself or another. In the
absence of such demand, the officer shall be
merely administratively liable (BOADO,
SPL, supra at 576).
7. Entering on behalf of the Government, into any
contract or transaction manifestly and grossly
Qisadvantageous to the same, whether or not
the public officer profited or will profit thereby
(Par. g);
ELEMENTS: (PED)
a. That the accused is a fublic officer;
b. That he 5ntered into a contract or
transaction on behalf of the government;
and
c. That such contract or transaction is grossly
and manifestly Qisadvantageous to the
government (Braza v. Sandiganbayan, G.R.
No. 195032, February 20, 2013).
lt:isnot necessary that the public officer
1 Jr will profit from the contract or
transactiqi.{Marcos v. Sandiganbayan, G.R. No.
126995; Qctpber 6, 1998).
of C.<:>nspjracy,
If M_~ation of conspiracy, a private
pers6 · At)e held liable together with the
public officer, in consonance with the avowed
t:Policy of the Anti-Graft and Corrupt Practices Act
;~~p .i:;;"to repress certain acts·of public officers
··<''aitcfprtvate persons alike which may constitute
graft or corrupt practices or which may lead
thereto (Guy v. People, G.R. 166794-96, March
20, 2009).
The requirement before a private person may be
indicted for violation of Section 3(g) of R.A. No.
3019, among others, is that such private person
must be alleged to have acted in conspiracy with
a public officer. The law, however, does not
require that such person must, in all instances,
be indicted together with the public officer. If
circumstances exist where the public officer may
no longer be charged in court, as in the present
case where the public officer has already died,
the private person may be indicted alone
(People v. Go, G.R. No. 168539, March 25,
2014).
8. Directly or indirectly having financial or
pecuniary !nterest in any business, contract or
transaction in connection with which he
intervenes or takes part in his official capacity, or
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in which he is prohibited by the Constitution or
by any law from having any interest (Par. h);
ELEMENTS (PF-TIP):
a. That the accused is a f_ublic officer;
b. That he has a direct or indirect Financial or
pecuniary interest in any business, contract
or transaction; and
c. He either:
i. Iakes part or !ntervenes in his official
capacity in connection with such
interest; or
ii. Is f_rohibited from having such interest
by the Constitution or by any law (Teves
v. COMELEC, G.R. No. 180363, April
28, 2009).
NOTE: What the law prohibits is the actual
intervention by a public official in a transaction in
which he has a financial or pecuniary interest, for
the law aims to prevent the domin.~nt use of
influen_ce, authority and. power.· (Domingo v.
Sandiganbayan, G.R. Nos. 149175and149406,
October 25, 2005).
9. Directly or indirectly becoming !nforested, for
personal gain, or having rhaterialinterest in any ,
transaction or act requiring thf approval of a
board, panel or group of which,he is a member;
and which exercises discreticm 1nsuch approval,
even if he votes against thefsame or does not
participate in the action of the boarct, committee,
panel or group (Par. i);
NOTE: Interest for personal gain shall l)e
presumed against those public officers
responsible for the approval of manifestly ·
unlawful, inequitable, or irregufa(transacttons or
acts by.the board, panel or group td which they·
belong (Sec. 3, Par. i). . ··
10. Knowingly approving or granting any ,bicense,
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
qualified or entitled (Par. j).
11. Qivulging valuable information of a confidential
character, acquired by his office or by him on
account of his official position to unauthorized
persons, or releasing such information in
advance of its authorized release date (Par. k).
NOTE: If damage was caused, Revelation of
Secrets by an Officer Is committed (RPG, Art.
229).
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SPECIALPENAL LAWS
Cdminal Law
PROHIBITION ON PRIVATE
INDIVIDUALS (Sec. 4): (AIKI)
1. Taking ,Advantage of family or close personal
relation with public official who has to Intervene
in some business, transaction, application,
request or contract of the government with any
other person, by directly or indirectly requesting
or receiving any present, gift, or material or
pecuniary advantage from such public official.
Family Relation
It includes the spouse or relatives by
consanguinity or affinity in the third civil degree.
Close Personal Relation
It includes close personal friendship, social and
fraternal connections, and professional
all giving rise to intimacy which
assures free access to such public officer.
2. Kno\J\('ingly!nducing or causing any public official
to coinrriit any of the offenses defined in Sec. 3
· · ofthis Act. ·
NOTE: ,The ·p~rson giving the gift, present,
share, percentage or benefit referred to in
subparagrapns (b),,and (c); or offering or giving
to the public officer the employment mentioned
in subparagrapll (d); or urging the divulging or
untimely re1$ase of the confidential information
referred to in subparagraph (k) of this section
stiall,_toget~er with,the offending public officer,
,be punished under Section nine of this Act and
shali be germaner,tly or temporarily disqualified
· in the discretion of the Court, from transacting
busiriess in anyform with the Government (R.A.
No. 301,~, Sec. 3).
PRO,t-ti"~ITIONON CERTAIN RELATIVES
(Sec. SJ
GENERAL RULE: The spouse or any relative, by
consanguinity or affinity, within the third civil degree,
of the President, the Vice-President Senate
President, or the Speaker of the House of
Representatives of the Philippines is prohibited to
intervene directly or indirectly,· in any business,
transaction, contract or application with the
government.
EXCEPTIONS:
1. Any person who, prior to the assumption of office
of any of those officials to whom he is related,
has been already dealing with the government
along the same line of business;
2. Any transaction, contract or application already
existing or pending at the time of such
assumption of public office;
3. Any application filed by him, the approval 0f
which is not discretionary on the part of the
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official or officials concerned but depends upon
compliance with the requisites provided by law,
or rules or regulations issued pursuant to law;
and
4. Any act lawfully performed in an official capacity
or in the exercise of a profession.
PROHIBITION ON MEMBERS
CONGRESS (Sec. 6)
UNLAWFUL ACTS:
1. Member of Congress: To acquire or receive any
personal pecuniary interest in any specific
, business enterprise which will be directly and
particularly favored or benefited by any law or
resolution authored by him previo~sly appr<?ved
or adopted by the Congress;
2. Any other public officer who recommended the
initiation in Congress of the enactment or
adoption of any law or resolution: To acquire or
receive any such interest during his incumbency;
3. Both member of Congress and public officer: If
he/she has an interest prior to the approval of
such law or · resolution authored or
recommended by him, continues for thirty (30)
days after such approval to retain such interest.
DUTY OF A PUBLIC OFFICER TO FILE
SALN (Sec. 7)
Who: Every public officer
What: True detailed and sworn. statement of assets
and liabilities, including a statement of the amounts
and sources of his income, the a.mount,, of his
personal and family expenses and .the, amount of
income taxes paid for the next preceding calendar
year. · ,::\:iilH;~'t;\~r··
When:
1. Thirty (30) days after assuming office;
2. On or before April 30 of every year, thereafter;
and
3. Thirty (30) days after separation from the service
(R.A. No. 6713, Sec. 6).
Where: Office of the corresponding Department
Head, or in case of a Head of Department or Chief
of an independent office, with the Office of the
President, or in the case of members of the
Congress and the officials and employees thereof,
with the Office of the Secretary of the corresponding
House.
NOTE: Public officers assuming office less than two
(2) months before the end of the calendar year, may
file their statements on or before the fifteenth day of
April following the close of the said calendar year
(R.A. No. 3019, Sec. 7, as amended by R.A. No.
3047, P.O. No. 677, and P.O. No. 1288).
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PRIMA FACIE EVIDENCE OF AND
DISMISSAL DUE TO UNEXPLAINED
WEAL TH (Sec. 8)
A public official who has been found to have
acquired during his incumbency, whether in his
name or the name of other persons, an amount of
property and/or money manifestly out of proportion
OF
to his salary and to his other lawful income shall be
a ground for dismissal or removal.
NOTE: The circumstances hereinabove mentioned
shall constitute valid ground for the administrative
suspension of the public official concerned for an
indefinite period until the investigation wealth is
completed (As amended by B.P. Big. 195, March 16,
1982).
PENALTIES FOR VIOLATION (Sec. 9):
1. Any public officer or private person committing
any of the unlawful acts or omissions
enumerated in Sections 3, 4, 5 and 6 of this Act
shall be punished with imprisonment for not less
than six years and one month. nor more than
.Jifteen J~.~rs, perpetual disqualification from
ftpt.lt)iic ~e. and confiscation or forfeiture in
favof 'tif Jhe Government of any prohibited
interest ,an(j unexplained wealth manifestly out
of proportion to his salary and other lawful
income;
2. Any l)Ubli(: offrcer violating any of the provisions
of ~ction 7ofthis Act sha" be punished by a
fi~;'9f:i~t::1.itfian one thousand pesos nor
more ; than•.·. five thousand pesos, or by
imprisonment not exceeding one year and six
i . ,,.fllonths, or by both such fine and imprisonment,
piscretion of the Court. The violation of
' ·· said section proven in a proper administrative
proceeding shall be sufficient cause for removal
or dismissal of a public officer, even if no criminal
prosecution is instituted against him (As
amended by BP Big. 195, March 16, 1982).
PRESCRIPTION OF OFFENSES (Sec.-11)
Fifteen (15) years, but as per Sec. 1 of RA. No.
10910 which took effect on July 21, 2016, the
prescription period is twenty (20) years.
TERMINATION OF OFFICE (Sec. 12)
No public officer is allowed to resign or retire:
1. Pending investigation, criminal or administrative;
2. Pending a prosecution against him; or
3. Charged with any offense under the Act or under
the provisions of the RPC on Bribery.
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SUSPENSION AND LOSS OF BENEFITS
(Sec. 13)
1. Suspension from Office
Any incumbent public officer against whom
any criminal prosecution under a valid
information under this Act or under Title Seven
Book II of the Revised Penal Code or for any
offense involving fraud upon government or
public funds or property whether as a simple or
as complex offense and in whatever stage of
execution and mode of participation, is pending
in court;
2'.'_ Loss of All Retirement and Gratuity
Benefits Under Any Law
Conviction by final judgement of the above.
NOTE: It is mandatory for the Court to place
under preventive suspension a public offic::er•.
accused before it. Imposition of suspension,
however, is not automatic or sel{-0perath1e. A
pre-condition is the existenoe of ca.valid
information, determined at ..a pre-suspension
hearing. Once a proper determinati6n ..,of the
validity of the information has b~n ,made, it
becomes the ministerial ··duty of the ·Court to
issue the order of preventive suspension
(Segovia v. Sandiganbt1yan; G.R. No. 124067,
March 27, 1998). -
EXCEPTION (Sec. 14)'.
Unsolicited gifts or· presents .of small or insignificant
value offered or given as a mere ordinary token of
gratitude or friendship according to local 'custom or
usage.
Nothing in this Act shall be interpretEld to prejod1c!3
or prohibit the practice of any profession,)awful trade
or occupation by any private person or by an~ public
officer who under the law may legitimately practice
his profession, trade or occupation, during his
incumbency, except where the practice of such
profession, trade or o~cupation involves conspiracy
with any other person or public official to commit any
of th~ violations penalized in this Act.
ANTI-PLUNDER ACT
REPUBLIC ACT NO. 7080,
AS AMENDED BY
R.A. NO. 7659
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SPECIALPENAL.LAWS
· Criminal Law
Approved on: July 12, 1991
Effectivity Clause: This Act shall take effect after
fifteen (15) days from its publication in the Official
Gazette and in a newspaper of general circulation
(R.A. No. 7080, Sec. 9).
Topic related to: Crimes committed by Public
Officers
The Court upheld the validity of the Anti-Plunder Act
and ruled that the void-for-vagueness doctrine does
not apply. Ambiguity, where none exists, cannot be
created by dissecting parts and words in the statute
to furnish support to critics who cavil at the want of
scientific precision in the law. Every provision of the
law should be construed in relation and with
reference to every other part. To be sure, it will take
more than nitpicking to overturn the well-entrenched
presumption of constitutionality ·and validity of the
Plunder Law (Estrada v. Sandiganbayan, G.R. No.
148560, Nov~mber 19, 2001).
PEFrN(TIQN OFTERMS (Sec. 1)
Public Officer
Any person , holding any public office in the
Govern~ent of
the Republic of the Philippines by
virtue o(an appointme11t, election or contract (Par.
a).
Government
Includes: the National Government, and any of its
subdivisions, agencies or instrumentalities, including
government-gwned or -controlled corporations and
their subsidi@ities(P<f'· b).
Person
Any natural or juridical person, unless the context
indicates otherwise (Par. c).
··Ul.igottenWealth
Any asset, property, business enterprise or material
possession of any person within . the purview of
Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents,
subordinates and/or business associates by any
combination or series of the following means or
similar schemes: (MRS-MAC)
1. Through Misappropriation, conversion, misuse
or malversation of public funds or raids on the
public treasury;
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/project or by reason of the
office/position; •
3. By obtaining, receiving or accepting, directly or
indirectly, any §hares of stock, equity or any·
other form of interest or participation including
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promise of future employment in any business
enterprise or undertaking;
4. By · establishing agricultural, industrial or
commercial Monopolies or other combinations
and/or implementing decrees and orders
intended to benefit particular persons or special
interests;
5. By taking undue Advantage of official position,
authority, relationship, connection or influence to
unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the
Filipino people and the Republic of the
Philippines; or
6. By the illegal or fraudulent ~onveyance or
disposition of assets belonging · to the
government (Par. d).
PLUNDER
Any public officer who, by himself o·r in connivance
with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or
other persons, amasses, accumulates or acquires ill-
gotten wealth through a combination or series of
overt criminal acts as described in Section 1{d)
hereof in the aggregate amount or total value of at
least Fifty million pesos (PS0,000,000.00) shall be
guilty of the crime of plunder and shall be punished
by reclusion perpetua to death. Any person who
participated with the said public officer in the
commission of an offense contributing to the crime
of plunder shall likewise be punished for such
offense (Sec. 2, as amended by Sec. 12 of R.A. No.
7659).
NOTE: These should be committed by a
combination or through a series of acts. There
should be at least two acts otherwise the accused
should be charged with the particular crime
committed and not with plunder (Estrada v.
Sandiganbayan, G.R. No. 148560, November 19,
2001). . .
The conspiracy among the accused to commit the
crime of Plunder is usually an agreement or
connivance to secretly cooperate in doing the
unlawful act (Napoles v. Sandiganbayan, G.R. No.
224162, November07, 2017).
The corpus delicti 'of plunder is the amassment,
accumulation or acquisitjon of ill-gotten wealth
valued at not less than P50,000,000.00. The failure
to establish the corpus delicti should lead to the
dismissal of the criminal prosecution (Arroyo , v.
People, G.R. No. 220598, July 19, 2016).
Combination
It means at least two acts of a different category
(Estrada v. · Sandiganbayan, G.R. No. 148560,
November 19, 2001).
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Series
There must be two or more overt -or criminal acts
falling under the same category of enumeration
found in Sec. 1(d) (Estrada v. Sandiganbayan, G.R.,
No. 148560, November 19, 2001). - ·
RULE OF EVIDENCE (Sec. 4)
It shall not be necessary to prove each and every
criminal act done by the accused in furtherance of
the scheme or conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of overt
or criminal acts indicative of the overall unlawful
scheme or conspiracy.
Pattern
lt'consists of at least a combination or series of overt
or criminal acts enumerated in subsections (1) to (6)
of Sec. 1(d) of RA No. 7080 (Estrada v.
Sandiganbayan, G.R. No. 148560, November 19,
2001).
PRESCRIPTION OF CRIMES (Sec. 6)
Twenty (20) years
NOTE:/ll:Je.1f'lghtof the State to recover properties
unlawfully aotjuired by public officers from them or
from their nominees or transferees shall not be
barred by; prescription, or laches, or estoppal (2
FESTIN SPL, supra at 94).
PLUN~:11:'A:.~RIME MALUM IN SE
..; The legiSfatl\-2'~claration in RA No. 7659 that
plunder is a heinous offense implies that it is a
1:,._.mfA/umin se. For when the acts punished are
· ···:'lf!l~t~~y)rnmoral or inherently wrong, they are
rh"tifi3'1/{§ii'°'3nd
it does not matter that such acts are
punished _in a special law, especially since in the
case of plunder the predicate crimes are mainly ma/a
in se (Estrada v. Sandiganbayan, G.R. No. 148560,
November 19, 2001).
ANTI-MONEY LAUNDERING
ACTOF2001
REPUBLIC ACT NO. 9160,
AS AMENDED BY
R.A. NOS. 9194, 10365
AND10927
Approved on: .
R.A. No. 9160 - September 29, 2001
R.A. No. 9194- March 7, 2003
R.A. No. 10167 - June 6, 2012
R.A. No. 10365- February 15, 2013
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R.A. No. 10927 - July 14, 2017
Effectivity Clauses:
R.A. No. 9160 - This Act shall take effect fifteen (15)
days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of
general circulation (R.A. No. 9160, Sec. 23).
R.A. No. 9194 - This Act shall take effect fifteen (15)
days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of
general circulation (R.A. No. 9194, Sec. 13).
R.A. No. 10167 - This Act shall take effect fifteen
(15) days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of
general circulation (R.A. No. 10167, Sec. 5).
R.A No. 10365 - This Act shall take effect fifte,,en
(15) days following its publication in at least ~6 (2)
national newspapers of general circulation (RA No.
10365, Sec. 15).
R.A. No. 10927 - This Act shall take. effectfifteen
( 15) days following its publicatiqn i,n the Official
Gazette or in any newspaper of general circulation
(R.A. No. 10927, Sec. 8).
Topic r-elated to: Crimes Against Public Interest
Arts. 195-199 of the RPG and provisions of f>.D.Nos.
483 and 449 are repealed insofar as· tney are
inconsistent with P.D. No. 1602, which provides for
stiffer penalties for violation of.the Gambling Laws.
Money Laundering is a cri{ne whereby . the
proceeds of unlawful activities spepified in the )~W
are transacted or attempted to be 4ransacted · to
make them appear to have originated fromle~itimate
resources (R.A.. No. 9160, Sec. 4). Un1awf~I .
activities also called the predicate crimes are the
offenses which generate dirty money (BOADO, SPL,
supra at 851). ·
DEFINITION OF TERMS (Sec. 3, R.A.
9160, as amended)
Covered Persons (Natural or Juridical):
1. All those supervised and regulated by BSP, such
as banks, non-banks, quasi-banks, trust entities,
foreign exchange dealers, pawnshops, money
changers, remittance and transfe! companies;
2. All those supervised and regulated by the
Insurance Commission, such as insurance
companies and pre-need companies;
3. All those supervised and regulated by the SEC,
such as securities dealers, brokers, salesmen,
investment houses, mutual funds, close-end
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SPECIALPENALLAWS
Criminal Law
investment companies, common trust funds, and
other entities administering or otherwise dealing
in currency, commodities or financial derivative_s;
4. Jewelry dealers in precious metals, who, as a
business, trade in precious metals, for
transactions in·excess of P1,000,000; ·
5. Jewelry dealers in precious stones, who, as a
business, trade in precious stones, for
transactions in excess of P1,000,000;
6. Company service providers which, as a
business, provide any of the following services
to third parties:
a. Acting as a formation agent of juridical
persons;
b. 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
si,:nilar position in relation to other juridical
persons;
..c. E'rovidtng a registered office, business
.address· or accommodation,
correspondence or administrative address
Jar a. compar:iy, a partnership or any other
legal Person or arrangement; and
d, Acting as (brnrranging for another person to
act as) a. nominee shareholder for another
person.
, . ,
7.. Persons who pr~vide any of the following
services:
a. Managing of client money, securities, or
othefassets; .
b. Mqf"lagemeDtof bank, savings, or securities
accounts;,.
.c. Organi~ation of contributions for the
..Creatioh, operation, or management of
. pompanies; and
d. ·creation, operation or management of
juridical persons or arrangements, and
buying and selling ,business entities.
Notwithstanding the foregoing, the term
'covered persons' shall exclude lawyers and
accountants acting as independent legal
professionals in relation to information
concerning their clients or where disclosure of
information would compromise client
confidences or the attorney-client relationship:
Provided, That these lawyers and accountants
are authorized to practice in the Philippines and
shall continue to be subject to the provisions of
their respective codes of conduct and/or
professional responsibility or any of its
amendments (R.A. No. 9160, Sec: 3(a), as
amended further by R.A. No. 10365, Sec. 1).
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MEM:Q~YAID
San Seda UniversityCollege of Law - RGCTBarOperations Center

8. Casinos, including internet and ship-based 7. Any transaction that is similar or ~nalogous to
casinos, with respect to their casino cash any of the foregoing (R.A. No. 9160, Sec. 3(b-1 ),
transactions related to the gaming operations as inserted by R.A. No. 9194, Sec. 2).
(R.A. No. 9160, Sec. 3(a), as amended further
by R.A. No. 10927, Sec. 1). UNLAWFUL ACTIVITIES UNDER AMLA:
Any act or omission or series or combination thereof
Casino involving or having relation to the following:
Refers to a business authorized by the appropriate 1. Kidnapping for ransom;
government agency to engage in gaming operations: 2. Drug offenses;
1. 'Internet-based casinos' shall refer to casinos in 3. Graft and corrupt practices;
which persons participate by the use of remote 4. Plunder; ·
communication facilities such as, but not limited 5. Robbery and extortion;
to, internet, telephone, television, radio or any 6. Jueteng and masiao;
other kind of electronic or other technology for 7. Piracy on the high seas;
facilitating communication; and . 8. Qualified theft;
2. 'Ship-based casino' shall refer to casinos, the 9. Swindling;·
operation of which is undertaken on .board a 10. Smuggling;
vessel, ship, boat or any other water-based craft 11. Electronic commerce crimes;
wholly or partly intended for gambling (R.A. No. 12. Hijacking, destructive arson and murder;
9160, Sec. 3(/), as inserted by R.A. No. 10927, , 13. Terrorism and conspiracy to commit terrorism;
Sec. 3). 14. Financing terrorism;
15. Bribery;
Casino Cash Transaction 16. Frauds and illegal exactions and transactions;
Refers to transactions involving the receipt of cash · ;; t 17. Malversation of public funds and property;
by a casino paid by or on behalf of a customer,_or
transactions involving the payout of cash by a casino
'rY:
... l~,,forgeri8'_,and counterfeiting;
' ' '19: H~ it"fficki ng;
to a customer or to any person in his/her behalf (R.A. 20. Violation Qf Revised Forestry Code;'
No. 9160, Sec. 3(i), as inserted by R.A. Nd. 10927, 21. ViolatioQ c:,fPhilippine Fisheries Code;
Sec. 3). 22. Violation Of ~hilippine Mining Act;
23. Violation ;of Wildlife Resources Conservation
Covered Transaction and l?roteJ;tiort;Act;
It is a transaction in cash or other equivalent 24. ViQliJipo.·.of,JNational _Caves and Caves
monetary instrument involving a total amount in Resoq~:M~gement Protection Act;
excess of P500,000 that is done with the :covered 25. Carnapping:· ·
institution, within 1 banking day; or covered persons 26. Illegal/unlawful possession, manufacture,
under Sec. 3(a)(8), a single casino transaction , . -dealing in, acquisition or disposition of firearms,
involving an amount in excess of P5,000,000 or its , ammunition or explosives (subject to provisions
equivalent in any other currency (R.A. No. 9160, · ofR.A. No. 10591);
Sec. 3(b), as amended by R.A. No. 1092?, Sec. 2). 27. Fencing;
28. Violation of Migrant Workers and Overseas
Suspicious Transaction Filipinos Act;
It is a transaction with covered institutions, 29. Violation of Intellectual Property Code;
regardless of the amount involved, where any of the 30. Violation of Anti-Photo and Video Voyeurism;
following circumstances exist: (O-CAR-PUA) 31. Child pornography;
1. No underlying legal or trade Obligation, purpose 32. Child abuse, exploitation and discrimination;
or economic justification·; 33. Securities fraud; and
2. Client is not properly identified; 34. Felonies or offenses of a similar nature
3. Amount involved is not commensurate with the punishable under the penal laws of other
business or financial capacity of the client; countries (Sec. 3(i), R.A. No. 9160, as amended
4. The client's transaction is structured in order to by R.A. No. 10365, Sec. 2).
avoid being the subject of Reporting
requirements under this Act;
5. Any circumstance relating to the transaction
MONEY LAUNDERING OFFENSES (Sec.
which is observed to deviate from the f rofile of 4, as amended):
the client and/or the client's past transactions 1. Money laundering is committed by any person
with the covered institution; who, knowing that any monetary instrument or
6. Transaction is in any way related to any Y,nlawful property represents, involves, or relates to the
activity or offense under this Acct that is about to proceeds of any unlawful activity: TC2A 2P
be, is being or has been comm.itted; or a. Iransacts said monetary instrument or
property;

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b. fonverts, transfers, disposes of, moves,
acquires, possesses, or uses said monetary
instrument or property;
c. fonceals or disguises the true nature,
source, location, disposition, movement or
ownership of or rights with respect to said
monetary instrument or property;
d. Attempts or conspires to commit money
laundering offenses referred to in
paragraphs (a), (b), or (c);
e. Aids, abets, assists in or counsels the
commission of the money laundering
offenses referred to in paragraphs (a), (b), or
(c) above; and
f. ferforms or fails to perform any act as a
result of which he facilitates the offense of
money laundering referred to in paragraphs
(a), (b), or (c) above.
2. Money laundering is also committed by.Jmy -
covered person who, knowing that a.90vered or
suspicious transaction is required und~r ttils Act
to be reported to the Anti-Mqney .Laimd~ring ·
Council (AMLC), fails to do f;,Q,(RA.rJo:"9160,
Sec. 4, as further amended by R.I\ Mo. 10365,
Sec. 4). . .. · / ..
MALICIOUS REPORTING
Any person who, with malice, ofin bad faith, reports
or file~ a completely unwarranted.or false information
relative to money laundering tra11sactionagainst any
person. The offender is not entifled to 'avatl the
benefits of the Probation Law.' , , \
If the offender is a juridical person, court .m?Y
suspend or revoke its license.
If the offender is an alien, deportation without further
proceedings· after serving the penalties Qrescribed.
If the offender is a public official/employee, peq5etual
or temporary absolute disqualification from office, in
addition to the penalties prescribed (R.A. No. 9160,
Sec. 14(c), as amended by R.A. No. 9194, Sec. 9).
PROSECUTION (SEC. 6)
Under the AMLA, a person can be prosecuted and
punished for both the underlying unlawful activity
and the money laundering offense, and the proceeds
thereof can be confiscated or forfeited in favor of the
government.·
The RTC shall have jurisdiction to try money
laundering cases committed by private individuals,
and public officers not covered by the jurisdiction of
the Sandiganbayan (Rule 5(A), 2016 Revised
Implementing Rules and Regulations of Republic Act
No. 9160, as amended, hereinafter 2016 Revised
/RR). The Sandiganbayan shall have jurisdiction to
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SPECIALPENALLAWS
· Criminal-law
try money laundering cases committed by public
offices under its jurisdiction, and private persons
who are in conspiracy with such public officers (Rule
5 (B),2016, Revised /RR).
NOTE: Criminal record is not an element of the crime
of money laur-idering.In fact, it is not necessary to be
held liable for this crime that the unlawful activity was
committed by the money launderer himself; what is
important is that the accused knows that the money
are proceeds of unlawful activity and despite such
knowledge he transacts them thereby making them
appears that the same originates from a legitimate
source (Ill CAMPANILLA, Special Penal Laws
(2010), p. 176) [hereinafter Ill CAMPANILLA, SPL)).
EFFECT OF THE BANK DEPOSIT
SECRECY LAWS ON THE
. IMPLEMENTATION OF AMLA (SEC. 9)
Wh¢n reporting covered or suspicious transactions
th the Aftti,.Money Laundering Council, covered
jn$titutiods and their officers' and employees are not
deemed•·to have,yiolated the bank deposit secrecy
laws •.
Howevet, th~y are
strictly prohibited from disclosing
such transactions tp anv person in any manner or by
any nieans. Th~ ·v19lation of confidentiality makes
them criminally Ii.able.
PROVISION4L REMEDIES:
1. freeze Or<tel"
(R;A. No. 9160 Sec. 10 as
furtherafflendec/iby R.A. No. 10365) .
Uport· a ver~fied ex parte petition by the
AMLC and after determination that probable
cause exists ,that any monetary instrument or
·prpperty is 'in any way related to an unlawful
as
• actiVitY, defined in Section 3(i) hereof, the
Co,urrof Appeals may issue a freeze order which
· shallbe effective immediately, and which shall
not exceed six (6) months depending upon the
circumstances of the case: Provided, That if
there is no case filed against a person whose
account has been frozen within the period
determined by the court, the freeze order shall
be deemed ipso facto lifted: Provided, further,
That this new rule shall not apply to pending
cases in the courts. In any case, the court should
act on the petition to freeze within twenty-four
(24) hours from filing of the petition. · 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.
2. Bank inquiry order (R.A. No. 9160, Sec.
11 as amended by R.A. No. 10167)
The AMLC may inquire into or examine any
particular deposit or investment, including
related accounts, with any banking institution or
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MEM,Q~YAID
San Seda University College of Law - RGCT Bar Opera!iOnS Center
non-bank financial institution upon order of any
competent court based on an ex parte
application in cases of violations of this Act,
when it has been established that there is
probable cause that the deposits or investments,
including related accounts involved, are related
to an unlawful activity as pefined in Section 3(i)
hereof or a money laundering offense under
Section 4 hereof; except that no court order shall
be required in cases involving activities defined
in Section 3(i}(1), (2), and (12) hereof, and
felonies or offenses of a nature similar to those
mentioned in Section 3(i)(1), (2), and (12), which
are Punishable under the penal laws of other
countries, and terrorism and conspiracy to
commit terrorism as defined and penalized
under Republic Act No. 9372."
Section 11 allows 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 (Subido·
Pagente Certeza Mendoza and Binay Law
Offices v. The Court of Appeals, G.R. No.
216914, December06, 2016).
OBSTRUCTION OF JUSTICE
LAW
PRESIDENTIAL DECREE
NO. 1829
Approved on: January 16, 1981
Effectivity Date: January 16, 1981
Topics related to: Persons criminally liable; Degree
of participation.
PUNISHABLE ACTS (Sec. 1)
Any person who knowingly or willfully obstructs,
impedes, frustrates, or delays the apprehension of
suspects, and the investigation and prosecution of
criminal cases by committing any of the following
acts: (PAHPD-MATG)
1. freventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity of any
offender/s by means · of bribery,
misrepresentation, deceit, intimidation, force, or
threats;
2. Altering, destroying, suppressing, or concealing
any paper, record, document or object, with
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intent to impair its verity, authenticity, legibility,
availability, or admissibility as evidence in any
investigation of or official proceedings in,
criminal cases, or to be used in the investigation
of, or official proceedings in, criminal cases;
3. .!::farboring or concealing, or facilitating the.
escape of, any person he knows, or has
reasonable ground to believe or suspect, has
committed any offense under existing penal laws
in order to prevent his arrest, prosecution and
conviction;
4. fublicly using a fictitious name for the purpose
of concealing a crime, evading prosecution or
the execution of a judgment, or concealing his
true name and other personal circumstances for
the same purpose or purposes;
5. Qelaying the prosecution of criminal cases by
obstructing the service of process or court
orders or disturbing proceedings in the fiscal's
offices, in Tanodbayan, or in the courts;
6. Making, presenting, or using any record,
document, paper or object with knowledg~ of its
falsity and with intent to affect the course or
outcome of the investigation of, or official
proceed(rigs in, criminal cases;
S<>lii:;;ipJJ,ft:Accepting,
or agreeing to accept any
ben~fit' 'ltl: consideration of abstaining from,
discoun~; or impeding the prosecution of a
criminafoffender;
8. Ihreatening ~irectly or indirectly another with the
infliction of any wrong upon his person, honor or
property or that of any immediate member or
m '., · 'mily in order to prevent such
persor, appearing in the investigation of, or
___ official proceedings in, criminal cases, or
~'·w '.jmposing a condition, whether lawful or unlawful,
. ,i,:iri::,Ufn,~cl1;ir to prevent a person from appearing in
'pv,., "''"ffielnvestigation of or in official proceedings in,
criminal cases; and
9. Giving of false or fabricated information to
mislead or prevent the law , enforcement
agencies from apprehending the offender or
from protecting the life or property of the victim;
or fabricating information from the data gathered
in confidence by investigating authorities for
purposes of background information and not for
publication and publishing or disseminating the
same to mislead the investigator or to the court.
If any of the foregoing acts are committed by a public
official or employee, he shall, in addition to the
penalties provided thereunder, suffer perpetual
disqualification from holding public office (Sec. 2).
NOTE: Public office not an essential element. The
offenses defined in P.O. 1829 may be committed by
any person whether a public officer or a private
citizen, and accordingly public office is not an
element of the offense (Soller v. Sandiganbayan,
G.R. No. 144261-6?, May 9,_2001).
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The fact that the offender is not criminally liable as
accessory under Art. 20 of the RPC does not
absolve him from liability for .his acts punishable
under P.D. No. 1829 (2 FEST/N, SPL, supra at 167).
An accessory under Art. 20 of the RPC is exempt
from criminal liability when the principal is his:
1. Spouse;
2. Ascendant;
3. Descendant; and
4. Legitimate, natural or adopted brother, sister or
relative by affinity within the same degree (Id.).
These benefits are not available in P.O. No. 1829
(Id.).
ANTI-TORTURE ACT
OF2009 , and other stuff or substances not
REPUBLIC ACT NQ~9745
Approved on: November 10,2009 .• ; •.
Effectivity Clause: This Ac~;shall take effect fifteen
(15) days after its publication in.the OfficiafGazette
ot in at least two (2) newspapers o" general
circulation (R.A. No. 9745, $ec.2.7)~
Topic related to: Crimes agai~ithe Functaq,ental
Law of the State
. and stres$'ful bodily position;
DEFINITION OF TERMS (Sec. 3)
Torture . organ or rectum, or electrical torture of
It is an act by which severe pain or suffering, ~ther
physical or mental, is intentionally inflicteo on a
person for such purposes as obtaining from him/her
or a third person information or a confession;.
punishing him/her for an act he/she or a third person
has committed or is suspected of having committed;
or intimidating or coercing him/her or a third person;
or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or at
the instigation of or with . the consent
or acquiescence of a person in authority or agent of
,a person in authority. It does not include pain or
buffering arising only from, inherent in or incidental
to lawful sanctions (Par. a).,
Other Cruel, Inhuman and Degrading Treatment
or Punishment
It refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this
Act, inflicted by a person in authority or agent of a
person in authority against a person under his/her
custody, which attains a level of severity causing
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SPECIAL PENAL LAWS
Criminal Law
suffering, gross humiliation or debasement to the
latter (Par. b).
PUNISHABLE ACTS (Sec. 4)
1. Acts of Torture, which shall include, but not
limited to the following:
a. Physical torture
Is a form of treatment or punishment inflicted
by a person in authority or agent of a person
in authority upon another in his/her custody
that causes severe pain, exhaustion,
disability, or dysfunction of one or more
parts of the body, such as: (SFECS-TRAD-
FEP2O)
i. .§ystematic beating, head banging,
punching, kicking, striking with
truncheon or rifle butt or other Similar
objects, and jumping on the stomach;
ii. food deprivation or forcible feeding with
spoiled food, animal or human excreta,
nqrmally eaten;
iii. Electric shock;
' iv. ~igarette burning; burning by electrically
heated rods, hot oil, acid; by the rubbing
o(pepperor other chemical substances
011:·mucous membranes, or acids or
spices'dire~tlyon the wound(s);.
y. The Submersion of the head in water or
water" polluted with excrement, urine,
vomit, ancl/or blood until the brink of
suffocaJ~on;
·vL · Being J:iedor forced to assume fixed
.. vii. ..Rape a~d sexual abuse, including the
insertion of foreign objects into the sex
. thegenitals;
vHi. Mutilation or Amputation of the essential
· parts of the body such as the genitalia,
ear, tongue, etc.;
ix. Qental torture or the forced extraction of
the teeth;
x. Pulling out of fingernails;
xi. Harmful gxposure to the elements such
as sunlight and extreme cold;
xii. The use of materials like flastic bag and
others placed over the head to the point
of asphyxiation;
xiii. The use of fsychoactive drugs to
change the perception, memory,
alertness, or will of a person, such as
administration of drugs to induce
confession and/or reduce mental
competency; use of drugs to induce
extreme pain or certain symptoms of a
disease; and
xiv. Other analogous qcts of physical tort~re
(Par. a); and
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MEM:O~YAID. .
San Seda UniV003ityCollege of Law - RGCT Bar Operations Center
b. Mental or Psychological Torture
acts committed by a person in authority or
agent of a person in authority which are
calculated to affect or confuse the mind
and/or undermine a person's dignity and
morale, such as: (BTS-P 2 UMTD-SCA)
i. .§.lindfolding;
ii. Threatening a person(s) or his/her
relative(s) with bodily harm, execution or
other wrongful acts;
iii. Confinement in solitary cells or §.ecret
detention places;
iv. frolonged-interrogation;
v. Preparing a prisoner for a "show trial",
fublic display or public humiliation of a
detainee or prisoner;
vi. Causing Y,nscheduled transfer of a
person deprived of liberty from one
place to another, creating the belief that
he/she shall be summarily executed;
vii. Maltreating a ·member/s of a person's
family;
viii. Causing the Iorture sessions to be·
witnessed by the person's family; .
relatives or any third party;
ix. Denial of sleep/rest;
x. Shame infliction such as stripping the
person naked, parading oim/her in
public places, shaving the victim's head,
or putting marks on his/her bodtagalnst
his/her will;
xi. Deliberately prohibiting the victim to
Communicate with. any member of
his/her family; and · .
xii. Other analogous •.•· , acts . of
"n'.iental/psychologicaltorture (Pati:b).
2. Other Cruel, Inhuman and J)egradmg
Treatment or Punishment (Sec. 5)
A deliberate and aggravated treatment or
punishment not enumerated under Section 4 of
this Act, inflicted by a person in authority or
agent of a person in authority against another
person in custody, which attains a level of
severity sufficient to cause suffering, gross
humiliation or debasement to the latter.
The assessment of the level of severity shall
depend on all the circumstances of the case,
including the duration of the treatment or
punishment, its physical and mental effects and,
in some cases, the sex. religion. age, and state
of health of the victim.
TORTURE AS A SEPARATE
INDEPENDENT CRIME (Sec. 15)
Torture, as a crime, shall not absorb or shall not be
absorbed by any other crime or felony committed as
a consequence, or as a means in the conduct or
commission thereof. In which case, torture shall be
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treated as a separate and independent criminal act
whose penalties shall be imposable without
prejudice to any other criminal liability provided for
by domestic and international laws.
APPLICABILITY OF THE RPC (Sec. 22)
The provisions of the RPG insofar as they are
applicable shall be suppletory to this Act. If the
commission of any crime punishable as Crimes
Against Persons and as Crimes Against Personal
Liberty and Security of the RPG (Titles 8 and 9) is
attended by any of the acts constituting torture and
other cruel, inhuman, and degrading treatment or
punishment as defined herein, the penalty to be
imposed shall be in its maximum period.
NOTE: Torture is a non-prescriptible offense (/RR,
Sec. 45).
Refouler Rule
No person shall be expelled, returned or extradited
to another State where there are substantial grounds
to believe that he shall be in danger of being
subjected to torture (Sec. 17).
TERRORISM ACT
1 OF 2020
: ACTN0.11479
ut Approved on: July 3, 2020
':;7;;;i~tivity Date: July 22, 2020
;:\i}$'.·?p,3:;::2::
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't;\ri~~i:ARATION OF POLICY:
1. To protect life, liberty, and property from
terrorism;
2. To condemn terrorism as Inimical and
dangerous to the national security of the country
and to the welfare of the people;
3. To make any form of terrorism a crime against
the Filipino people, against humanity, and
against the law of Nations (Implementing Rules
and Regulations of Republic Act No. 11479,
Rule 2. 1 [hereinafter /RR of R.A. No. 114791).
PUNISHABLE ACTS
ELEMENTS OF THE CRIME OF TERRORISM:
1. Engagement in any of the following acts,
regare:llessof the stage of execution:
AND a. Acts intended to cause death or serious
bodily injury to any person, or endangers a
person's life; .
b. Acts intended to cause extensive damage or
destruction to a government or public
facility, public place or private property;
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c. Acts intended to cause extensive
interference with, damage or destruction to
critical infrastructure;
d. Develops, manufactures, pOSl:lesses,
acquires, transports, supplies or uses
weapons, exclusives or of biological,
nuclear, radiological or chemical weapons;
or
e. Release of dangerous substances, or
causing fire, floods or explosions; and
2. The purpose of engagement in any of the acts
under paragraph (a) by its nature and context, is
to:
a. To intimidate the general public or segment
thereof;
b. Create an atmosphere or spread a message
of fear;
c. To provoke or influence by intimidation the
government or any international
organization; or . :··
d. Seriously destroy the fundam,entaJ pQlitical,
economic, or seriously undermine pµblic
safety (/RR of R.A. No, 1,1479, Rufe 4:·1).
Terrorism as defined in this section.shalf'not include
advocacy, · protest, dissent; stopf).age of work,
industrial or mass action, an9 other ~imilar ex,ercises
of civil and political rights, whiph ·ar~ not intended to
cause death or serious physical harm to a person, to
endanger a person's life, or to create a serious risk
to public safety (R.A. No. 11479, Sec. 4),
Subject to the rule on extraterritorial application, it
shall be unlawful for any person to commit terrori~m
within or outside the Philippines (/RR of R.A. No.
11479, Rule 4.2, Par. 1). · proclamations, writings, emblems, banners or other
Threat to Commit Treason
ihis is committed by any person who shaU threfjten
to commit any acts of terrorism (R.A. 11479:Sec. 5).
There is threat to commit terrorism when an intent to
commit terrorism is communicated by any means to
another person or entity under circumstance which
indicate the credibility of the threat (/RR of R.A. No.
11479, Rule 4.5, Par. 2).
Planning; Training, Preparing and Facilitating
the Commission of Terrorism
It shall be unlawful for any person to participate in
tl:le planning, training, preparation and facilitation in
the commission of terrorism, preparation and
facilitation in the comm1ss1on of terrorism,
preparation and facilitation in the commission of
terrorism, possessing objects connected with the
preparation for the commission of terrorism, or
collecting or making documents connected with the
preparation of terrorism (R.A. No. 11479, Sec. 6).
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SPECIAL PENAL LAWS
Criminal Law
Training shall refer to the giving of instruction or
teaching designed to impart a specific skill in relation
to terrorism as opposed to general knowledge (/RR
of R.A. No. 11479, Rule 4.6).
Conspiracy to Commit Terrorism
There is conspiracy when two (2) or more persons
come to an agreement concerning the commission
of terrorism and decide to commit the same (R.A.
No. 11479, Sec. 7).
Prosecution for this crime shall not be a bar to
prosecution for acts of terrorism defined and
penalized under Section 4 of this Act (/RR of R.A.
No. 11479, Rule 4.7, Par. 3).
Proposal to Commit Terrorism
This is committed by any person who proposes to
commit terrorism as defined in Section 4 (R.A. No.
11479, Sec. 8).
Ttiere is proposal to commit terrorism when a person
wbo ha~Jdecided to commit terrorism proposes its
execution to,some other person or persons (/RR of
R.A. No. 1.1479, RUie 4.8, Par. 2).
Prosecution for this crime shall not be a bar to
prosecution for: acts of terrorism defined and
penalizep undet Section 4 of this Act (/RR of R.A.
No. 11479, Rule4.B, par. 3).
. Inciting to Commit Terrorism
This is committt:?dbfany person who, without taking
any direct part in the commission of terrorism, shall
incite others to the .execution of any of the acts
specified in Section 4 by means of speeches,
representations <ending to the same end (R.A. No.
11479-,,Sec. 9).
In determining 1he existence of reasonable
probability that speeches, proclamations,
writing, emblems, banners, or other
representations would help ensure success in
inciting the commission of terrorism, the
following shall be considered:
1. Context
- .Analysis of the context should place the
speech, proclamations, writings, emblems,
banners, or other representations within the
social and political context prevalent at the time
the same was made and/or disseminated;
2. Speaker/actor
The position of status in the society of the
speaker or actor should be considered,
specifically his or her standing in .the context of
the audience to whom the speech or act is
directed;
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San Seda UniversityCollegeof law - RGCT8';lr OperationsCenter
3. Intent
What is required is advocacy or intent that
others commit terrorism, rather than the ,ere
distribution or circulation of material;
4. Content ahd form
- Content analysis includes the degree ·to
which the speech or act was provocative and
direct, as well as the from, style or nature of
arguments deployed in the speech or the
balance struck between the arguments
deployed;
5. Extent of the speech or act
This includes such elements as the reach of
the speech or act, its public nature, its
magnitude, the means of dissemination used
and the size of its audience; and
6. Causation
Direct causation between the speech or act
and the incitement (!RR of R.A. No. 11479, Rule
4.9, Par. 3).
Recruitment to and Membership in Terrorist
Organization
This is committed by any person who shall recruit
another to participate in, join, commit or support
terrorism or a terrorist individual or any terrorist
organization, association or group of persons
proscribed under Section 26 · bf this Act or
designated by the United Nations Security Co~ncil
as a terrorist organization, or organized '.for the
purpose of engaging in terrorism (R.A 11479, Sec.
10, Par.1).
It is also committed by any person who organizes or
facilitates the travel of individuals to a state other
than their state of residence or nationality for the
purpose of recruitment which may committed
through any of the following means:
1. Recruiting another person to serve in any
capacity in or with an armed force in a foreign
state, whether the armed force forms part of the
armed forces of the government of that foreign
state or otherwise;
2. Publishing an advertisement or propaganda for
the purpose of recruiting persons to serve in any
capacity in or with such an armed force-
3. Publishing an advertisement or propaganda
containing any information relating to the place
at which or the manner in which persons may
make application to serve or obtain information
relating to service in any capacity in or with such
armed force or relating to the manner in which
persons may travel to a foreign state for the
purpose of serving in any capacity in or with such
armed force; or
4. Performing any other act with the intention of
facilitating or promoting the recruitment of
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persons to serve in any capacity in or with such
armed force (R.A 11479, Sec. 10, par.2).
It shall be unlawful for any person to voluntarily and
_knowingly join any organization, association, or
group of persons knowing that such organization
association, or group of person is: . '
a. Proscribed under Section 26 of the Act·
b. Designated by the UNSC as ' terrorist
organization; or
c. Organized for the purpose of engaging in
terrorism as defined in Section 4 of the Act.
Proscription Against Terrorist Organizations,
Who May Be Proscribed
The following shall be proscribed or declared as a
terrorist · and outlawed group of persons
organization, or association by the authorizing
division of the Court of Appeals:
1. Any group of persons, organization, or
assodation which commits any of the acts
defined and penalized under Sections 4, 5, 6, 7,
8, 9, 10, 11, and 12 of the Act; or
2. Any group of persons, organization, or
~ssoci~,~9~ orgc;1_nizedfor the purpose of
'.~~Jntftn terrorism (Rule 7.1, /RR).
Proscription: Against Terrorist Organizations,
Requirements
A group of pers~ns, organization, or association
shall be /proscribed or declared as terrorist and
outlawed by the authorizing division of the Court of
AppeafafJt.44JortGi;satisfaction of the following
requirements:,:•··. ·'
1. Recommendation from the Natio.nalIntelligence
Coordinating Agency (NICA) that said group of
~,0115, organization, or association be
proscribed or declared as terrorist and outlawed·
2. Authority from the Anti-Terrorism Council (ATC)
to cause the filing of an application for
proscription or declaration of said group of
persons, organization, or association as terrorist
and outlawed; ·
· 3. Verified application of the DOJ to proscribe or
declare a group of persons, organization, or
association as terrorist and outlawed, with an
urgent prayer for the issuance of a preliminary
order of proscription; and
4. Due notice and opportunity to be heard given to
the group of persons, organization or
organization. to be declared as terrorist and ·
outlawed (/RR of R.A. No. 11479, Rufe 7.2).
PROCEDURE:
1. The application for proscription shall be filed with
an urgent prayer for the issuance of a
preliminary order of proscription (/RR of R.A. No.
11479, Rule 7.3, Par. 1, /RR).
2. All requests for proscription made by a foreign or
supranational jurisdiction shall be coursed
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454 C
through the DFA. The DFA shall, in turn, refer
said · requests to the ATC (/RR of R.A. No.
11479, Rule 7.10, Par.1). If the request for
proscription is granted, the ATC shall authorize
the DOJ to commence proscription proceedings
before the authorizing division of the Court of
Appeals (/RR of R.A. No. 11479, Rule 7. 10, Par.
3).
3. The authorizing division of the Court of Appeals
shall, within seventy-two (72) hours from the
filing of the verified application by the DOJ, ex-
parte a preliminary order of proscription
declaring that the respondent is a terrorist and
an outlawed organization or association (!RR of
R.A. No. 11479, Rule 7.3, Par. 2). · Designation of Terrorist Individual, Groups of
4. Upon receipt of the verified application filed by
the DOJ which is sufficient in form and
substance, the authorizing division of the Court
of Appeals shall immediately commence and
conduct continuous hearings which shoulq ,be
completed within six (6) months frorri,.th~ date
the application was filed, to deterrptne )Nhether: ·
a. The preliminary order of proscdption should
be made permanent; ··. . ..·.
b. A permanent order of proscripijO,Itshoutd be
issued in case no pf'etknlnaJy ort:ler was
issued; · ..
c. A preliminary order of proscription Should be
lifted; or
d. In any event that the verified application
should be denied (IRR··of'R.A No. 11479,
Rule 7.4, Par. 1). 1
5. Upon the issuance of the permanent order of
proscription, the ATC shall publish thesarne,in a ·
newspaper of general ci'l:culation;c(/RA of R:A.
No. 11479, Rulel.p). . .. ,.
6. · The permanent order of pfQscription•..,~haU'be
immediately executory and shall be ValfcNor ·.a
period of three (3) years from ttie' da• ()f its
publication (!RR of R.A. No. 11479,.Rule 7.f>).
7. Six (6) months prior to the expiration 'of,.the,
permanent order of proscription, the DOJ may,
upon the authority from the ATG and with the
recommendation of the NICA, cause the review
of such permanent order of proscription by filing
a verified application for re-issuance of
permanent order of proscription before the
authorizing division of the Court of Appeals (/RR
ofR.A. No. 11479, Rule 7.7, Par. 1).
8. The Court of Appeals shall review the verified
application for re-issuance filed by the DOJ, and
shall resolve before the expiration of the three
(3)-year period whether or not the permanent
order of proscription should be lifted or re-issued
(IRRofR.A. No. 11479, Rule 7.7, Par.2).
9. If the Court of Appeals finds that there exists no
ground for which the application for proscription
may be granted, any. preliminary order of
proscription shall be lifted and/or the subject of
proscription shall be delisted from the
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SPECIALPENALLAWS
Criminal Law
designation made by the A TC (!RR of R.A. No.
11479, Rule 7.9, Par. 1). .
Effects if Permanent Order of Proscription is
Issued:
1. Membership of an individual in ·a proscribed or
outlawed group of persons, organization, or
association is punishable under Section 10 of
the Act.
2. The proscribed group of persons, organization,
or assoGiation shall likewise be subject to
targeted financial sanctions as herein provided
(!RR of R.A. No. 11479, Rule 7.8).
Persons, Organizations, or Associations
1. Designation pursuant to the automatic
adoption of the UN Security
Pursuant to the obligations of the Philippine
.Government under UNSC Resolution No. 1373,
the ·,JiTC shall, by way of a resolution,
, , aNJtortiati$pllyadopt the UNSC Consolidated List
of individualS, group of persons, organizations or
a"ssQciatiOns who are designated and/or
lder;itifie,cia:,: ..
a. A tJrrori$t;
b. One wro fY1~11pes
terrorism; or
.c ... A terro~storgapization or group (!RR of R.A.
No. 11479,Rule 6.1, Par. 1).
2. De,ignatidn-·puri;uant to requests from
fQreignjurisdictions and supranational
jurisdictions ··
··The P,TC may, upon finding of probable
cause tnat the proposed designee meets the
criteria for designation under UNSC Resolution
· ~o:··1373, adopt a request for designation by
"other 'foreign jurisdictions or supranational
j1;1risdictions(/RR of R.A. No. 11479, Rule 6.2,
, Par:,1J.
Criteria:
a. That an individual, groups, organizations or
association, whether domestic of foreign,
commits or attempts to commit, or conspire
in the commission of any of the acts defined
and penalized under Sections 4, 5, 6, 7, 8,
9, 10, 11 and 12 of the Act;
b. That an entity is owned or controlleci directly
or indirectly by such person/s; or
c. That a person or entity is acting on behalf of,
or at the direction of, the individual, groups
of persons, organization, or association
described on paragraph a above
(/RR of R.A. No. 11479, Rule 6.2, Par. 2.).
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3. Domestic designation by the ATC
through a determination of probable
cause
Upon a finding of probable cause, the ATC
may designate:
a. An individual, groups of persons, entity
organization, or association, whether
domestic or foreign, who commit, or attempt
to commit, or conspire or who participate in
or facilitate the commission of any of the
acts defined and penalized under Sections
4, 5, 6, 7, 8, 9, 10, 11 and 12 of the Act;
b. An entity owner or controlled directly or
indirectly by such individual, group of
persons, entity, organization, or association
under paragraph a of this Rule
c. A person or entity acting on behalf of, or at
the direction of, the individual groups of
persons, entity, organization, or association
under paragraph a of this Rule (/RR of R.A.
No. 11479, Rule 6.3).
All ATC resolutions of designation shall be
published/posted in a newspaper of general
circulation, on the online official gazette, and on the
official website of the ATC (/RR of R.A. No. 11479,
Rule 6.5, Par. 1). For those designated under the
appropriate UNSC Lists, a link to the specific list
shall be provided in the ATC website.
Effects of Designation
The assets of the designated individual, groups of ,
persons, organization, or association under the ACT
shall be subject to the authority of the Anti-Morley
Laundering Council (AMLC) to freeze (!RR of R.A.
No. 11479, Rule 6.4). · ··
1. Upon the issuance by the court of preliminary a j'.:{ij~I;l~1*.f¥1J-C shall be authorized to issue sanction
order of proscription or in case of designation
case of designation, the AMLC, upcn its own
initiative or at the request of the ATC,· may
investigat~ the following:
a. Property or funds that are in any way related
to:
i. · Financing of terrorism as defined and
penalized under Republic Act No.
10168; or
ii. Violation of Sections 4, 6, 7, 10, 11, or
12 of the Act.
b. Property or funds of any person or persons
in relation to whom there is a probable cause
to relieve that such person or persons are
committing, attempting or conspiring to
commit, or participating in or facilitating the
financing of violations of Sections 4, 6, 7, 10,.
11, or 12 of the Act (/RR of R.A. No. 11479,
Rule 8.1). · 11479, Rule 8.10).
2. The AMLC is authorized to inquire into or
examine deposits and investments with any
banking institution or non-bank financial
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institution and their subsidiaries and affiliates
without court order for purposes of Rule 8.1 (/RR
of R.A. No. 11479, Rule 8.2).
3. The AMLC may, upon its own initiative or at the
request of the ATC, issue without delay an ex
parte preventive freeze order in the following
instances:
a. Upon th.e issuance by the court of a
preliminary order of proscription; or
b. In case of designation under Rule 6.3 (/RR
of R.A. No. 114 79, Rule 8.3, Par. 1).
The preventive freeze order shall direct the
concerned covered institutions and relevant
government agencies to desist from allowing any
transaction, withdrawal, deposit, transfer,
removal, conversion, other movement,
concealment, or other disposition of the subject
property or funds (/RR of R.A. No. 11479, Rule
8.3, Par. 2).
The freeze order shall take effect immediately
and shall remain in effect for a period not
, ,~xceedin'1.twenty (20) days (/RR of R.A. No.
tk:if!"½~~,.~ 8.5).
Before t~e\expiration of the twenty (20)-day
period, thE! ,;MLC may file a petition with the
Court Qf Appeals to extend the e.ffectivity of the
freez~ order for a total period not exceeding six
(6) rnonths. The. twenty (20)0day period shall be
toll'.•·· ~(l{flliMof a petition to extend the
effect ;of:ttie preventive freeze order (/RR of
R.A. No. 11479, Rule 8.6).
· · ·free:z:t:forder with respect to property or funds of
a designated organization, association, group, or
any individual to comply with binding terrorism-
related resolutions, including UNSC Resolution
No. 1373 pursuant to Article 41 of the UN Charter
(IRRofR.A. No. 11479, Rule 8.8, Par. 1).
· The sanctions freeze order shall take effect
immediately and shall remain in effect until the
basis for the issuance thereof shall have been
lifted (/RR of R.A. No. 11479, RUie 8.9).
During the . effectivity of the sanctions freeze
order, an aggrieved party may, within twenty (20)
days from the date of issuance, file with the Court
of Appeals a petition to determine the basis of the
sanctions freeze order according to the principle
of effective judicial protection (/RR of R.A. No.
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Effectivity of Designation
1. The designation made under Rule 6.1. shall be
effective until the designated individual, group of
persons, organization, or association has been
removed from the UNSC Consolidated List.
2. The designations made under Rule 6.2. and
Rule 6.3 shall be immediately executory and
shall be valid from the date of publication of the
corresponding ATC resolution in the online
gazette and the official website of the ATC (/RR
ofR.A. No. 11479, Rule 6.6).
Delisting
1. For designations made under Rule 6.1, the ATC
may motu proprio or upon request of a
designated person file a petition for delisting with
the appropriate committee of the UNSC. The
petition for delisting may also be filed directly by
the designated person pursuant to the rules
established by the appropriate UNSC committee
(/RR of R.A. No. 11479, Rule 6.9, Par, 5).
Fpr designations made under Rule 6,2 and Rule·
6.3, a designated party qr its assigns or
successors-in-interest may file a Verifiedrequest
for delisting before the ATC, withiri fifteen (15)
days from publication of the designation (/RR of
R.A._No. 11479, Rule 6.9, Par. 1).
2. The request shall set! forth :the grounds for
delisting, as follows: · assistan'ce, safe houses, false cjocumentation or
a. Mistaken identity;
b. Relevant and significant ~flange offacts or
circumstance; · (one or rnore dndivich,ials who may be or include
c. Newly discovered eviclence
d. Death of a designated person
e. Dissolution or liquidaHen of c:fesignated
organizations, associatiori$, _or ,gr?,lif:>S
of
persons; or
f. Any other circumstance which would show
that the basis for designated no longer exists.
(/RR of R.A. No. 11479, Rule 6.9, Par. 3).
3. Where persons, organizations, associations, or
groups of persons are delisted by the UNSC or
its appropriate sanctions committee, the ATC
shall immediately issue a resolution that the
person, organization, association, or group of
persons has been delisted (/RR of R.A. No.
11479, Rule 6.10, Par. 1).
4. All ATC resolutions_ of delisting shall be
published in/posted on a newspaper of general
·circulation, the online official gazette, and the
official website of the ATC (/RR of R.A. No.
11479, Rule 6.10, Par. 2).
5. The designation of a group of persons,
organization, or association under this Rule shall
be without prejudice to the proscription of
terrorist organizations, association, or groups of
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SPECIALPENALLAWS
Criminallaw
persons under Rule 7 (/RR of R.A. No. 11479,
Rule 6.11).
Foreign Terrorist
The following acts are unlawful: .
1. For any person to travel or attempt to travel to a
state other than his/her state of residence ·or
nationality for the purpose of perpetrating,
planning, or preparing for, or participating ·in
terrorism, or providing or receiving terrorist
training;
2. For any person to organize or facilitate the travel
of individuals who travel to a state other than
their states of residence or nationality knowing
that such travel is for the purpose of
perpetrating, planning, training, or preparing for,
or participating in terrorism or providing or
receiving terrorist training; or ·
3. For. any person residing abroad who comes to
the Philippines to participate in perpetrating,
planning, training, or preparing for, or ·
participating in terrorism or provide support for
or facilitate or receive terrorist training here or
abroad (R.A. Iyo. 11479, Sec. 10, Par. 2).
Providing !Wateriat's,upport to Terrorists
Material SupP(?rtshall refer to any property, tangible
or intangible, pr ..'service, including currency or
monetary instruments or financial securities,
financial, services, lodging, training, expert advice or
. identific~tion,cC11T1mu11ications equipment, facilities,
weapons, l,ethal sab$tances, explosives, personnel
oneself),and:transpc;>rt~tion(R.A. No. 11479, Sec.
3(e)), .. .
lt.tsoornmitted_by'any person who provides material
pupporzt"..__
to_ atiy terrorist individual or terrorist
orgarntatiofi, association or group· of persons
committing any of the acts punishable under Section
4 hereof, knowing that such individual or
organization, association, or group of persons is
committing or planning to commit such acts, shall be
liable as principal to any and all terrorist activities
committed by said individuals or organizations, in
addition to other criminal liabilities he/she or .they
may have incurred in relation thereto (R.A. No.
11479, Sec. 12).
Humanitarian activities undertaken by the
International Committee of the Red Cross, the
Philippine Rec Cross, and other state-recognized
impartial humanitarian partners or organization in
conformity with International Humanitarian Law, as
determined by the ATC, do not fall within the scope
of the crime of providing material support to terrorists
penalized under Section 12 of the Act (/RR of R.A.
No. 11479, Rule 4.14, Par. 3).
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Surveillance of Suspects and Interception and
Recording of Communications
A,law enforcement agent or military personnel may,
upon a written order of the Court of Appeals secretly
wiretap, overhear and listen to, intercept, screen,
read, survey, record or collect, with the use of any
mode, form, kind or type of electronic, mechanical or
other equipment or device or technology now known
or may hereafter be known to science or with the use
of any other suitable ways and means for the above
purposes, any private communications,
conversation, discussion/s, data, information,
messages in whatever form, kind or nature, spoken
or written words:
1. Between members of a judicially declared and
outlawed terrorist organization, as provided in
Section 26 of this Act;
2. Between members of a designated person as
defined in Section 3(e) of Republic Act No.
10168;or
3. Any person charged with or suspected of
committing any of the crimes defined and
penalized under the provisions of this Act (R.A
No.11479, Sec. 16).
Surveillance, interception and recording of
communications between lawyers and . ctients,
doctors and patients, journalists and their sources
and confidential business correspondence shall not
be authorized (R.A. No. 11479, Sec. 16).
The law enforcement agent or military personnel
shall likewise be obligated to:
1. File an ex-parte application with the: .Court of
Appeals for the. issuance of an order, to compel
telecommunications . service providers · (TSP)
and internet service providers (ISP) to produce
all customer information and identificatiQn
records as well as call and text data records,
content and other cellular or internet metadata of
any person suspected of any of the crimes
defined and penalized under the provisions of
this Act; and
2. Furnish the Nation~! Telecommunications
Commission (NTC) a copy of said application.
The order to compel shall be complied with by the
TSPs and ISPs within forty-eight (48) hours from the
time it was received (/RR of R.A. No. 11479, Rule
5.4, Par. 2).
Any authorization granted by the Court of Appeals
shall only effective for the length of time specified in
the written order of the authorizing division of the
Court of Appeals which shall not exceed a period of
sixty (60) calendar days from the date of r.eceipt of
the written order by the applicant law enforcement
agent or military personnel (/RR of R.A. No. 11479,
Rule 5.9).
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The authorizing division of the Court of Appeals may
extend or renew the said authorization for a non-
extendible period of thirty (30) calendar days from
the expiration of the original period upon the
determination of the following:
1. That the issuing court is satisfied that such
extension or renewal is in the public interest
2. That the ex parte application for extension or
renewal is filed by the original applicant; and
~- That the ex parte application for extension or
renewal was duly authorized in writing by the
ATC (/RR of R.A. No. 11479, Rule 5.10).
ACCESSORIES
It is committed by any person who having knowledge
of the commission of any of the crimes defined and
penalized under Section 4 of this Act, without having
participated therein, takes part subsequent to its
commission in any of the following manner:
1. By profiting himself/herself or assisting the
offender to profit by the effects of the crime;
2. By concealing or destroying the body of the
crime, or the effects, or instruments thereof, in
order to prevent its discovery; or
~-;:J3y. har~ring, concealing, or assisting in the
< · •'estQiof the principal or conspirator of the
crime (R.A.No. 11479, Sec. 14, Par. 1).
No person, regardless of relationship of affinity, shall
be exempftrom liability under this section (R.A. No.
11479, Sec. 14, Pa,r. 2).
PE NA£1ffl$;~;;:f
/i
Life Imprisonment Without the Benefit of Parole
and the Benefits of R.A. No. 10592:
,_p,eans the deduction of preventive
~ent from term of imprisonment, allowance
for good conduct, and special time allowance for
loyalty.
1. Terrorism;
2. Planning, training, preparing and facilitating the
commission of terrorism;
3. Conspiracy to commit terrorism;
4. Recruitment to a terrorist organization; and
5. Foreign terrorist
Imprisonment of Twelve (12) Years:
1. Threat to commit terrorism;
2. Proposal to commit terrorism;
3. Inciting to commit terrorism;
4. Membership in a terrorist organization; and
5. Accessory to terrorism (REYES, Book Two,
supra at 110).
Detention Without Warrant of Arrest:
Any law enforcement agent or military personnel,
having bee duly authorized in writing by the A TC,
has taken custody of a person suspected of
committing any of the acts defined and penalized
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under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the
Act, without incurring any criminal liability for delay in
the delivery of the detained persons under Article
125 of RPC:
1. Deliver said suspected person to the proper
judicial authority within a period of fourteen (14)
calendar days counted from the moment the
said suspected person has been apprehended
or arrested, detained, and taken into custody by
the law enforcement agent or military personnel
(/RR of R.A. No. 11479, Rule 9.1).
2. The period of detention may be extended to a
maximum period of ten (10) calendar days if it is
established that:
a. Further detention of the person/s is
necessary to preserve the evidence related
to terrorism or complete the investigation;
b. Further detention of the person is necessary
to prevent the commission of another
terrorism; and
c. The investigation is being conducted
properly and without delay (IRJ{of R.A.No.
11479, Rule 9.1).
/
The ATC shall issue a written authorityjnfavorofthe
law enforcement officer or military personnel upon
submission of a sworn stater:nent stating the details
of the person suspected of committing acts of
terrorism, and the relevant circumstances. as basis
for taking custody of said person (/RR of R.A. No.
11479, Rule 9.1, Par. 2).
If the law enforcement agent or military personnel is
not duly authorized in writing by the A TC, ·he/she
shall deliver the suspected person to the proper
judicial authority within the periods specified under
Article 125 of RPC, provide9 that if the faw
enforcement agent or military personnel is able .to
secure a written authority from the ATC prior fo the
lapse of the periods specified under Article 125 of the
RPC, the period provided under paragraph 1of this
Rule shall apply (/RR of R.A. No. 11479, Rule 9. 1;
Par. 3).
A law enforcement officer or military personnel may,
without a warrant, arrest:
1. A suspect who has committed, is actually
committing, or is attempting to commit any of the
acts defined and ,penalized under Sections 4, 5,
6, 7, 8, 9, 10, 11, and 12 of the Act in the
presence of the arresting officer;
2. A suspect where, based on personal knowledge
of the arresting officer, there is probable cause
that said suspect was the perpetrator of any of
the acts defined and penalized under Sections
4, 5, 6, 7, 8, 9, 10, 11, and 12 of the Act, which
has just been committed; and
3. A prisoner who has escaped from a penal
establishment or place where he is serving final
judgment for or is temporarily confined while
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SPECIALPENALLAWS
.Criminal Law
his/her case for any of the acts defined and
penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11,
and 12 of the Act is pending, or has escaped
while being transferred from one confinement to
another (/RR of R.A. No. 11479, Rule 9.2).
Immediately after taking custody of the suspected
person, the law enforcement agent or military
personnel shall, through personal service, notify in
writing the judge of the trial court nearest the place
of apprehension or arrest of the following facts:
1. The time, date, and manner of arrest;
2. The exact location of the detained suspect; and
3. The physical and mental condition of the
detained suspect (/RR of R.A. No. 11479, Rule
9.3, Par. 1).
Immediate notification shall mean a period not
exceeding forty-eight (48) hours from the time of
apprehension or arrest of the suspected person (/RR
ofR.A. No. 11479, Rule 9.3, Par. 2).
The law enforcement agent or military personnel
shall furnish•··the ATC and the Commission on
Human Rights (CHR) copies of the written
notification given to the judge in such manner as
shall ensure reteipt thereof within forty-eight (48)
hours from the tin,e orapprehension or arrest of the
suspected person (/RR of R.A. No. 11479, Rule 9.5).
If a person charged for violation of any act defined
and penalized by the Act punishable by life
imprisonment is granted bail because evidence of
guilt is not strong, the court, in the interest of national
security and public safety, consistent with Article Ill,
Section 6 of the Constitution, and upoo application
by the prosecutor, shall issue an order:
1. Urniting the right to travel of the accused to
within the municipality or city where he/she
resides· or where the case is pending; or
2, Pfacing the accused under house arrest (/RR of
R.A. No. 11479, Rule 10.13).
HUMAN SECURITYACT
OF2007
REPUBLIC ACT NO. 9372
Approved on: March 6, 2007
Effectivity Date: July 15, 2007
Topics related to: Crimes against National Security
and the Law of Nations; Crimes against the
Fundamental Law of the State; Crimes committed by
Public Officers; Crimes against Public Order; Crimes
against Persons; Crimes against Personal Liberty
and Security; and Crimes against Property.
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\ I
MEM:0:RYAl D ,
San Seda Unlveraity College of Law - RGCT Bar Operations Center
ELEMENTS OF TERRORISM: (AFP)
1. Offender commits an Act punishable under any
of the cited provisions of the RPC, or under any
of the enumerated special penal laws;
2. Commission of the predicate crime sows and
creates a condition of widespread and
extraordinary . E. ear and panic among the
populace; and
3. The furpose of the crime is to coerce the
government to give in to an unlawful demand
(Southern Hemisphere Engagement Network,
Inc. v. Anti-Terrorism Council, G.R. No. 178552,
October 5, 2010; R.A. No. 9372, Sec. 3).
Predicate Crimes of Terrorism (Sec. 3):
1. Under the RPC: (PReCK-MD)
a. f.iracy in general and Mutiny in the High
Seas or in the Philippine Waters (Art. 122);
b. Rebellion or Insurrection (Art. 134);
c. f;,oup d'etat, including acts committed by
private persons (Art. 134-a);
d. _!:Sidnappingand Serious Illegal Detention
(Art. 267);
e. Murder (Art. 248); and
f. Crimes involving Qestruction (Art. 324).
2. Under Special Laws: (FAPATH)
a. Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture,
Dealing in, Acquisition .pr Disposition of
E,irearms, Ammunitions or Explosives (P.O.
No. 1866);
b. Law on Arson (P.O. No. 1613);
c. Anti-f.iracy and Anti-Highway Robbery Law
of 1974 (P.O. No. 532);
d. Atomic Energy Regulatory and Liability Act
of 1968 (R.A. No. 5207);
e. Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990 (R.A.
No. 6969); and
f. Anti-.!::!ijacking Law (R.A. No. 6235).
NOTE: Before a charge for terrorism may be filed
under RA No. 9372, there must first be a predicate
crime actually committed to trigger the operation of
the key qualifying phrases in the other elements of
the crime, including the coercion of the government
to accede to an unlawful demand (Southern
Hemisphere Engagement Network, Inc. v. Anti-
Terrorism Council, G.R. No. 178552, October 5,
2010).
NOTE: The benefit of Parole under the
Indeterminate Sentence Law (Act No. 4103) is not
applicable to persons convicted under this Act who
shall suffer the penalty of forty (40) years of
imprisonment (R.A. No. 9372, Sec. 3).
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PERSONS LIABLE:
1. Conspirator
Two (2) or more persons come to an
agreement concerning the commission of the
crime of terrorism and decide to commit the
same (Sec. 4);
2. Accomplice·
Any person who, not being a principal or a
conspirator, cooperates in the execution of
either the crime of terrorism or conspiracy to
commit terrorism by previous or simultaneous
acts (Sec. 5); and
3. Accessory
Any person who, having knowledge of the
commission of the crime of terrorism or
conspiracy to commit terrorism, and without
having participated therein, takes part
subsequent to its commission in any of the
following manr:ier:
a. Profiting himself or assisting the offender to
profit by the effects of the crime;
b. Concealing or destroying the body· of the
crin:i~ or the effects or instruments thereof in
refd~lfoprevent its discovery; or
c. Harootjng, concealing or assisting in the
escape of the principal or conspirator.
EXCEPTION (NOT LIABLE): Those accessories
who are such with respect to their:
.
a. ,~i~~; \.';!
b. Ascendants;
c. Descendants;
d. Legitimate, natural, and adopted brothers and
-~jsters;or
, ·'.'.i,;'.}~C,.:~:> .
F":':,e'.':;Rslativesby affinity within the same degrees.
EXCEPTION TO THE EXCEPTION (LIABLE):
Accessories falling within the provisions of
subparagraph (a) (Sec. 6).
SURVEILLANCE OF SUSPECTS AND
INTERCEPTION AND RECORDING OF
COMMUNICATION
GENERAL RULE: Notwithstanding RA. No. 4020
(The Anti-Wire Tapping Law), a police or law ,
enforcement official and members of his team may,
upon written order of the Court of Appeals, listen to,
intercept and record any communication between
members of. a judicially declared and outlawed
terrorist organization or group of persons or of any
person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism (Sec. 7).
EXCEPTIONS: Communications between:
1. Lawyers and clients; ·
2. Doctors and patients;
3. Journalists and their source; or
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4. Confidential business correspondence (Id.).
Requisites for Formal Application for Judicial
Authorization to Intercept and Record
Communication (Sec. 8):
1. There must be an ex parte application by the
police or law enforcement official;
2. The-application must have been duly authorized
in writing by the Anti-Terrorism Council; and
3. Examination under oath or affirmation of the
applicant and the wi~nesses he may produce to
establish that:
a. There is probable cause to believe based on
persona~ knowledge of facts that the said
Crime of terrorism or conspiracy to commit
terrorism has been committed, is being
committed or is about to be committed;
b. There is probable cause to believe based on
personal knowledge of facts that evidence
which is essential to the conviction of any
charged or suspected person, will be
obtained; and
c. There is no other effective· means for
acquiring such evidence.
Exceptions to Article 125 of RPC (Sec. 19):
In the event of actual or imminent terrorist attack
suspects may be detained for more than three (3) ·
days upon written approval of:
1. Municipal, city, provincial, or regional official of
Human Rights Commission; "'
2. Judge of MTC, RTC, or. Sandiganbayan~ or
3. Justice of CA nearest to the place of arrest.
The written approval must be procured within five (5)
days after the date of detention; Provided that within
three (3) days after detention, suspects whose
connection with the terror attack or threaf is not
established shall be released immediately.·
If the arrest is made during Saturdays, Sundays,
Holidays or after office hours, the police or law
enforcement personnel shall bring the arrested
person to the residence of any of the officials
mentioned that is nearest the place where the
accused was arrested.
PROSCRIPTION OF TERRORIST
ORGANIZATIONS, ASSOCIATION, OR
GROUP OF PERSONS (Sec. 17)
Upon application by DOJ before a competent RTC,
with due notice and opportunity to be heard given to
the said group, said RTC shall declare the following
organization, association, or group of persons as a
terrorist and outlawed organization, association, or
group of persons: ·
1. Organized for the purpose of engaging in
terrorism; or
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SPECIAL PENAL LAWS
Criminal Law
2. Although not organized for that purpose, actually
uses the acts to terrorize or 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 unlawful
demand.
NOTE: An association of terrorists is not an illegal
association defined under the RPC.
Illegal Associations
These are associations totally or partially organized
for the purpose of committing any of the crimes
punishable under this Code or for some purpose
contrary to public morals (RPG, Art. 147).
EXTRA-TERRITORIAL APPLICATION OF
THIS ACT (Sec. 58): (CIS-ECG)
s.ubje9t to the provision of an existing treaty of which
the Philippines is a signatory and to any contrary
provision. of any law of preferential application, the
provisions of this act shall apply to:
1. Individual persons who ~ommit any of the
crimes defined and punished under this Act
within the terrestrial domain, interior waters,
maritime zone, an~ airspace of the Philippines;
2. Those who, although physically outside the
territorial limits of the Philippines, commit,
conspire or pfot td commit any of the crimes
defined and punished in this Act Inside the
territorial limits of the Philippines; -
3. Those who, although physically outside the
territoriar limits of the Philippines, commit any of
the said crimes on board Philippine ~hip or
airship;
4. Those who commit any of the said crimes within
any Embassy, consulate or diplomatic premises
betonglng to or occupied by the Philippine
Government in an official capacity;
5. Those who, although physically outside the
territorial limits of the Philippines, commit said
crimes against Philippine ~itizens or persons of
Philippine descent, where their citizenship or
ethnicity was a factor in the commission of the
crime; and
6. Those who, although physically outside the
territorial limits of the Philippines, commit said
crimes directly against the · Philippine
Government.
ANTI-TERRORISM ACT OF 2020 AND
HUMAN SECURITY ACT OF 2007,
DISTINGUISHED
1. Definition of Terrorism
Under the Human Security Act of 2007, if the
crimes are committed to sow extraordinary fear
and panic, it would be punished up to 40 years
in prison without the benefit of parole (R.A. 9372,
Sec. 3). However, under the Anti-Terrorism Act
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MEM:O~YAID
San Seda Un!vel!ilttyCollege of law - RGCT BarOperations Center
of 2020, it adds qualification for crimes in order
for it to be punishable by life imprisonment
without• the benefits of parole and the good
conduct time allowance under RA No. 10592
(R.A. 11479, Sec. 4).
Under the Anti-Terrorism Act of 2020, for the
crime to be punishable by life imprisonment
without the benefits of parole and good conduct
time allowance, the crimes should be done to
intimidate the general public, create an
atmosphere or spread a message of fear to
provoke or influence by intimidation the
government or any international organization,
seriously destabilize or destroy the fundamental,
political, economic, or social structure!:>of the
country, or create a public emergency or
seriously undermine public safety (Ibid.).
2. Inciting, Planning, Training, Preparing,
and Facilitating Terrorism
The Anti-Terrorism Act of 2020 added as
crimes threat, planning, training, facilitating,
proposal and inciting to terrorism, as well as
recruitment and membership to a terrorist
organization, on top of conspiracy to commit
terrorism.
3. Arrest and Detention Without Judicial
Warrants
Both the Human Security Act and the Anti-
Terrorism Act allow the arrest and detention of
suspected terrorist through the Anti-Terrorism
Council.
In the Human Security Act, it only allows an
ATC-authorized and detention if it results from
the surveillance under Sec. 7 and examination
of bank deposits under Sec. 27 (R.A. 9372, Sec.
18). In the Anti-Terrorism Act, the law does not
provide for tbis limitation.
Under the Human Security Act, law enforcers
must bring the suspect to court within 3 days
(Ibid.). However, in the Anti-Terrorism Act, it
provides for a maximum of 14 days with an
extension of another 10 days to detain a
suspect, for a total of 24 days (R.A. 114 79, Sec.
29).
4. Prolonged and Broadened Surveillance
The Human Security Act and the Anti-
Terrorism Act allows surveillance not only on
judicially declared terrorsts but also suspected
terrorists. The Human Security Act provides that
only the suspected terrorist can be subjected to
surveillance (R.A. 9372, Sec. 7). However, the
Anti-Terrorism Act broadened the scope of who
can be subjected to surveillance. These include
those suspected of threatening, planning,
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training, facilitating, proposing and inciting to
terrorism (R.A. 11479, Sec. 16).
The Human Security Act provides for a 30-day
limit from the court in order to conduct the
surveillance (R.A. 9372, Sec. 10). On the other
hand, the Anti-Terrorism Act allows for a
maximum of60 days (R.A. 11479, Sec. 19).
5. Preliminary Proscription as Terrorists
Under the Human Security Act, the court
should conduct a full trial before it can declare
anyone a terrorist (R.A. 9372, Sec. 17).
However, in the Anti-Terrorism Act, it allows the
courts to declare preliminarily a group as
terrorists even without a full hearing. If the court
finds probable cause and finds the petition
sufficient in form, it can issue within 72 hours a
preliminary order of proscription. (R.A. 11479,
Sec. 27). ·
6. Restriction on Travel
The Human Security Act provides that the
government can restrict a suspect's movement
•to; Q:I)~· jithin the municipality or city of his
residence" . provided that the court has
determini:id that the guilt is not strong, and the
suspecfis entitled to bail (R.A. 9372, Sec. 26).
The restriction can only be applied when the
suspect has been charged in court.
On<::tt1e/.J.l$,~ hand, the Anti-Terrorism Act
provides 1hatthe government can restrict travel
even when the suspect has not yet been
..· charged (R.A. 11479, Sec. 34). This is thought
.J~ application of a Precautionary Hold
Oeiparture Order (PHDO) which can bar a
suspect from leaving the country.
NOTE: A PHDO is an order in writing issued by
a court commanding the Bureau of lmmigrat(on
to prevent any attempt by a person suspected
of a crime to depart from the Philippines, which
shall be issued ex-parte in cases involving
crimes where the minimum of · the penalty
prescribed by law is at least six ( 6) years and
one (I) day or when the offender is a foreigner
regardless of the imposable penalty (A.M. No.
18-07-05-SC, Sec. 1).
7. Damages to Acquitted People
The Anti-Terrorism Act deleted the provision
requiring the government to pay costly damages
if the suspect is acquitted.
Under the Human Security Act, a person who is
tried for terrorism, but is acquitted, shall receive
P500,000 for every day that his assets were
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seized and such will be charged to the law
enforcer (R.A. 9372, Sec. 42).
THE TERRORISM
FINANCING PREVENTION
AND SUPPRESSION ACT
OF2012
REPUBLIC ACT NO. 10168
Approved on: June 18, 2012
EffectMty Date: July 5, 2012
Topics Related to: Crimes against National
Security and the Law of Nations; Crimes against the
Fundamental Law of the State; Crimes committed by
Public Officers; Crimes against Public Order; Crimes
against Persons; Crimes against Personal Liberty
and Security; and Crimes against Property. ·
PERSONS LIABLE:
1. Any person who directly or indirectly,
willfully and withQUt.. lawful excuse,
possesses, provides, ..collects or uses
property or funds or makes available
property, funds or fin•ancial service or
other related services, by any means,
with the unlawful ~rid'willful· intention
that they should be' used' or with• the.
knowledge that they are to be used, in
full or in part: (COi) '
a. To carry out or facilitate the ~ommission of
any terrorist act;
b. By a terrorist Organization, association or
group; or
c. By an !ndividual terrorist (Sec. 4, Par. 1).
2. Any person who organizes or directs
others to commit financing of terrorism
(Sec. 4, Par. 2).
3. Any person who, not being an
accomplice or accessory in relation to
any property or fund: (ReAv)
a. Deals directly or indirectly, in any way and
by any means, with any property or fund that
he knows or has Reasonable ground to
believe is owned or controlled by a
designated person, organization,
association or group of persons, including
funds derived or generated from property or
funds owned or controlled, directly or
indirectly, by a designated person,
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SPECIAL PENAL LAWS
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organization, association or group of
persons; or .
b. Makes Available any property or funds, or
financial services or other related services to
a designated and/or identified person,
organization, association, or group of
persons (Sec. 8).
The prohibition against dealing with property
or funds shall, not apply to the following:
(HuSIO)
1. Payments falling under Humanitarian
exemptions or those which the court
determines to be reasonably needed for
monthly family needs and sustenance
including the services of counsel;
2. Payments necessary to §.atisfy a
judicial, administrative or arbitral
judgment rendered or lien encumbered,
prior to the date of designation or listing
of the designated persons,
organizations, associations or groups of
persons;
3. Payments of !nterest or other earnings
d~e on frozen deposit accounts or other
assets/ ..or Obligations under a valid
contract , entered into before the
accounts or other assets were frozen by
reason of the account holder's
designation. (Implementing Rules and
Regulations of Republic Act No. 10168,
.Rule 8.b., [fJereinafter /RR of R.A. No.
101f38]). ..
NOTE: Any conspiracy to commit any crime
under Sec. 4 or Sec. 8 shall be penalized by the
same penalty prescribed for the commission of
such crime. There is conspiracy when two (2) or
more persops come to an agreement concerning
th~ .cqmn,ission of such offenses and decided to
cmnmit it (Sec. 5).
· 4. Accomplice .
Any person who, not being a principal or a
conspirator, cooperates in the execution of
either the crime of financing of terrorism or
conspiracy to commit the crime of financing of
terrorism by previous or simultaneous acts (Sec.
6).
5. Accessory
Any person who, having knowledge of th~
commission of the crime of financing of terrorism
but without having participated therein as a
principal, takes part subsequent to its
commission, by profiting from it or by assisting
the principal or principals to profit by the effects
of the crime, or by concealing or destroying the
effects of the crime in order to prevent its
discovery, or by harboring, concealing or
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MEK-Q.:RY
AlD
San B!lda UniversityCollege of Law - RGCTBar Operations Cooter

assisting in the escape of a principal of the crime Terrorism Council (ATC), is authorized to
(Sec. 7). investigate:
1. Any property or funds that are in any way related
NOTE: If the offender is a corporation, to financing of terrorism or acts of terrorism;
association, partnership or any juridical person, 2. Property or funds of any person or persons in
the penalty shall be imposed upon the relation to whom there is probably cause to
responsible officers who participated in, or believe that such person or persons are
allowed by their gross negligence, the committing or attempting or conspiring to
commission of the crime or who shall have commit, or participating in or facilitating the
knowingly permitted or failed to prevent its financing of terrorism or acts of terrorism as
commission. lf the offender is a juridical person, defined herein (Sec. 10, Par. 1).
the court may suspend or revoke its license. If
the offender is an alien, the alien shall, in· NOTE: The AMLC is authorized to inquire into or
addition to the penalties prescribed, be deported examine the deposits a'nd investments with any
without further proceedings after serving the banking institution or non-bank financial institution
penalties (Sec. 9). and their subsidiaries and affiliates without a court
order (Sec. 10, Par. 3).
EXTRA-TERRITORIAL APPLICATION OF
THIS ACT (Sec. 19, Par. 1): (CoSE-CiG) The AMLC, either upon its own initiative or at the
request of the ATC, authorized to issue an ex parte
Subject to the provision of an existing treaty,
order to freeze without delay:
including the International Convention for the
1. Property or funds that are in any way related to
Suppression of the Financing of Terrorism of which ·
financing of terrorism or acts of terrorism; or
the Philippines is a State Party, and to any contrary
2. Property or funds of any person, group of
provision of any law of preferential application, the
. persons, terrorist organization, or association, in
criminal provisions of this Act shall apply to: ·...·re1atioff'towhom there is probable cause to
1. Those who, although physically outside the
believe that they are committing or attempting or
territorial limits of the Philippines, Commit,
conspiriqg Jo commit, or participating in or
conspire or plot to commit any of the crimes
facilitating \he commission of financing of
defined and punished in this Act inside the.
terrorism or ·acts of terrorism as defined herein
territorial limits of the Philippines;· ·
(Sec:;11, Par./).
2. Those who, although physically outside the
territorial limits of the Philippines, commit any of
the said crimes on board Philippine §hip or
The freeze :ordeJ'sliall
be effective for a period not
exceeding 20days,,which may be extended up to a
Philippine airship;
period not exceeding six months upon a petition
3. Those who commit any of said crimes within any
Embassy, consulate, or diplomatic premises
. Jileqby the AMLC with the Court of Appeals before
belonging to or occupied by the Philippine
: ·theexpiration of the period.
,. ; -~ '" '

government in an official capacity;

However, if it is necessary to comply with binding
-4. Those who, although physically outside the
terrorism-related resolutions, including Resolution
territorial limits of the Philippines, commit said
No. 1373 of the UN Security Council pursuant to
crimes against Philippine Citizens or persons of
Article 41 of the Charter of the UN, the AMLC shall
Philippine descent, where their citizenship or
be authorized to issue a freeze order with respect to
ethnicity was a factor in the commission of the
the property or funds of a designated organization,
crime; and
association, group, or any individual. The freeze
5. Those who, although physically outside the
order shall be effective until the basis for its issuance
territorial limits of the Philippines, commit said
shall have been lifted. During the effectivity of the
crimes directly against the PhiHppine
freeze order, an aggrieved party may file with the
Government.
Court of Appeals a petition to determine the basis of
the freeze order within 20 days from its issuance. If
NOTE: This likewise applies to a Filipino national
the property or funds, subject of the freeze order, are
who, although outside the territorial jurisdiction of the
found to be in any way related to the financing of
Philippines, commit, conspire or plot to commit any
terrorism or acts of terrorism committed within the
of the crimes (Sec. 19, Par. 2).
jurisdiction of the Philippines, the property or funds
shall be the subject of civil forfeiture proceedings
FREEZING AND INVESTIGATING (Lagman v. Medialdea, G.R. Nos. 231658, 231771 &
FINANCING OF TERRORISM 231774, July 4, 2017).
The Anti-Money Laundering Council (AMLC), either
upon its own initiative or at the request of the Anti-

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The AMLC may decide to defer the issuance of a
freeze order for as long as necessary for any specific
investigative/prosecutorial purposes (Sec. 12).
· Remedies for Lifting of Freeze and De-listing:
1. Persons, organizations, associations or groups
of persons whose property or funds were frozen
on account of mistaken identity may file with the
AMLC a verified petition for the lifting of the
freeze order (/RR.of R.A. No. 10168, Rule 23.a).
2. A petition for de-listing may be filed with the
appropriate United Nations Security Council
Sanctions Committee based on any of the
following grouAds: (ICE-D2·C)
a. Mistaken !dentity;
b. Relevant and significant 9.hange of facts or
circumstance,
c. Newly discovered 5vidence;
d. Qeath of a designated person;
e. Qissolution or liquidation of designated
organizations, associations ..or groups of
persons; or
f. Any other 9,ircumstance which would show
that the basis for designation ·rio .longer
exists (/RR of R.A. No, 10J68!Rule 23.b).
ANTI-WIRE TAPPING.LAW
REPUBLIC ACT NO. 4200
Approved on: June 19, 1965·
Effectivity Date: June 19, 1965
Topic related to: Crimes Against f?ersonal Liberty
and Security
PUNISHABLE ACTS (Sec. 1): (TPA) · ··
It shall be unlawful for any person:
1. Not being authorized by all the parties to any
private com.munication or spoken word, to Iap
any wire or cable, or by using any other device
or arrangement, to secretly overhear, intercept,
or record such communication or spoken word
by using a device commonly known as a
dictaphone, dictagraph, walkie-talkie, or tape
recorder, or however otherwise described (Sec.
1, Par. 1);
NOTE: The phrase "private communication"
includes "private conversations". The law
prohibits recording or intercepting private
communications. Therefore, recording of
"public communication" or communication
involving public interest such as proceeding
before the Lupon Tagapamayapa inside the
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Barangay Hall is not violation of the law
(BOAOO, SPL, supra at 394).
An extension telephone cannot be placed in the
same category as a dictaphone, dictagraph, or
the other devices enumerated in Sec. 1 of R.A.
No. 4200 as the use thereof cannot be
considered as "tapping" the wire or cable of a
telephone line. Hence, the phrase "device or
arrangement" in Sec. of RA. No. 4200, although
not exclusive to that enumerated therein, should
be construed to comprehend instruments of the
same or similar nature, that is, instruments the
use of which would be tantamount to tapping the
main line of a telephone (Gaanan v.
Intermediate Appellate Court, G.R. No. L-69809,
October 16, 1986).
2. Be a participant or not in the act or acts
penalized in the next preceding sentence, to
knowingly fossess any tape record, wire record,
disc record, or any other such record, or copies
thereof, of any communication or spoken word
secured eitherbefore or after the effective date
of this Act in the manner prohibited by this law;
or to replay tHe ~ame for any other person or
persons; ··or. to 'ccommunicate the contents
thereof, eithArverbally or in writing, or to fumish
transcriptions .thereof, whether complete or
partial, to ariy other:person; and
NOTE:The 1 use of such record or any copies
thE}reof as evidence in any civil, criminal
·Investigation or trial of offenses mentioned in
Sec. 3 hereof, shall not be covered by this
prohibition (Sec,/·1,Par. 2).
, . 8
· 3. Willfully-or knowingly does or who shall Aid,
permit,· or ·cause to be done any of the acts ·
· declared to be unlawful in the preceding section
or Who violates the provisions· of the following
section or of any order issued thereunder, or
aids, permits, or causes such violation (Sec. 2).
NOTE: Sec. 1 of R.A. No. 4200 clearly and
unequivocally makes it illegal for any person, not
authorized by all the· parties to any private
communication to secretly record such
communication by means of a tape recorder. The
law makes no distinction as to whether the party
sought to be penalized by the statute ought to be a
party other than or different from those involved in
the private communication. Consequently, even a·
person privy to a communication who records
his private conversation with another without the
knowledge of the. latter will qualify as a violator
under this provision of R.A. 4200. (Ramirez v.
Court of Appeals, G.R. No. 93833, September 28,
1995).
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The framers of the law were more concerned with
penalizing the act of recording than the act of merely
listening to a telephone conversat)on (Gaanan v.
Intermediate Appellate Court, G.R. No. L~69809,
October 16, 1986). Lawmakers indeed contemplated
to make illegal, unauthorized tape recording of
private conversations. or communications taken
either by the parties themselves or by third persons
(Ramirez v. Court of Appeals, G.R. No. 93833,
September 28, 1995).
EXCEPTIONS (Sec. 3): (TEMP 2 -KiRVS)
Nothing in this Act shall render it unlawful or
p(mishable for any peace officer, who is authorized
by a written order of the Court, to execute any of the
acts declared to.be unlawful in cases involving the
crimes of:
1. !reason;
2. .5.spionage;
3. Mutiny in the high seas;
4. frovoking war and disloyalty in case of war;
5. firacy;
6. Kidnapping;.
7. Rebellion, conspiracy and proposal to commit .
rebellion, inciting to rebellion;
8. ~iolations of C.A. 616, punishing espionage and
other offenses against national security; and
9. .§edition, conspiracy to commit sedition, inciting
to sedition.
WRITTEN·ORDER (Sec. 3)
The written order shall only be iJSuedorgranted:
(AGGN)
1 . Upon written Application and the examjnation
under oath or affirmation of the applicant and the
witnesses he may produce;
2. That there are reasonable Ground$ to believe •
that any of the crimes enumerated l'J~reinabove
has been committed or is being committeq-0r is
about to be committed;
NOTE: In cases involving the offenses of
rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition,
conspiracy to commit ,sedition, and inciting to
sedition, such authority shall be granted only
upon prior proof that a rebellion or acts of
sedition, as the case may be, have actually been
or are being commiUed.
3. That there are reasonable Grounds to believe
that evidence will be obtained essential to the
conviction of any person for, or to the solution of,
or to the prevention of, any of such crimes; and
4. That there are Noother means readily available
for obtaining such evidence (Sec. 3, Par. 1).
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The written order of the Court shall specify:
(120P)
1. The !dentity of the ·person or persons whose
communications, conversations, discussions, or
spoken words are to be overheard, intercepted,
or recorded and, in the case of telegraphic or
telephonic communications, the telegraph line or
the telephone number involved and its location;
2. The Identity of the peace officer authorized to
overhear, intercept, or record the
communications, conversations, discussions, or
spoken words;
. 3. The Offense or offenses committed or sought to
be prevented; and
4. The feriod of the authorization (Sec. 3, Par. 2).
NOTE: The authorization shall be effective for
the period specified in the order which shall not
excee_d60 days from the date of issuance of the
order, unless extended or renewed by the court
upon being satisfied that such extension or
renewal is in the public interest.
Deposit of authorized recordings (Sec. 3)
AUrecordin -~-made under court authorization shall,
s after the expiration of the period
fixed· 1 (>fder, be deposited with the court in a
sealed enveJqpe or sealed package, and shall be
accompani,d ·by an affidavit of the peace officer
granted such authority stating the number of
recordinQS mide, the dates and -times covered by
each recordimg, the· number of tapes, discs, or
recor~:~,it~nt,~ deposit, and certifying that no
duplicati3~<nta>~S of the whole or any part thereof
have been made, or if made, that all such duplicates
pies are included in the envelope or package
1g,}'Yith the court. The envelope or package
ti~ited shall not be granted except upon
motion, with due notice and opportunity to be heard
to the persons whose conversation or
communications have been recorded.
INADMISSIBILITY (Sec. 3)
Any communication or spoken word, or the
existence, contents, substance, purport, effect, or
meaning of the same or any part thereof, or any
information therein contained, obtained or secured
by any person in violation· of this Act shall not be
admissible in evidence in any judicial, quasi-judicial,
legislative or administrative hearing or investigation.
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CYBERCRIME PREVENTION
ACTOF2~12
REPUBLICACTNO.10175
Approved on: September 12, 2012
Effectivity Date: October 3, 2012
Topics related to: Crimes against Public Interest,
Crimes against Public Morals, Crimes against
Chastity
DEFINITION OF TERMS (Sec. 3)
Without Right
It refers to either:
1. Conduct undertaken without or in excess of
authority; or
2. Conduct not covered by established', legal :
defenses, excuses, court orders, j0stifications,
or releyant principles under the Jaw (Par. h).
Cyber
It is a computer or a computer netwol"k,tfie electronic
medium in which online communication tal(es place
(Par. i).
Critical Infrastructure
It is the computer systems, and/otnetworks, whether
physical or virtual, and/or tt,e computer programs, .
computer data and/or traffic d1:1t~:1so vital to this
country that the incapacity Or de1;1tructionof or
interference with such system and •assets -would
have a debilitating impact on security; national or
economic security, national public,health and safety,
or any combination of those matters (Par. j).
Interception
It refers to the listening to, recording, monitoring or
surveillance of the content of communications,
including procuring of the content of data, either
directly, through access arid use of a computer
system or indirectly, through fhe use of electronic
eavesdropping or tapping devices, at the same time
that the communication is occurring (Par. m).
Service Provider
It refers to:
1. Any public or private entity that provides to users
of its service the ability to communicate by
means of a computer system; and
2. Any other entity that processes or stores
computer data on behalf of such communication
service or users of such service (Par. n).
Subscriber's Information
It is any information contained in the form of
computer data or any other form that is held by a
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service · provider, relating to subscribers of its
services other than traffic or content data and by
which identity can be established (Par. o).
CYBERCRIME OFFENSES (Sec. 4)
1. Offenses against the confidentiality, integrity
and availability of computer data and
systems: (12DS-MC)
a. !llegal _Access
The access to the whole or any part of a
computer system without right.
b. !llegal Interception
The interception made by technical
means without right of any non-public
transmission of computer data to, from, or
within a computer system including
electromagnetic emissions from a computer
system carrying such computer data.
c. ·Oat~ Interference
The intentional or reckless alteration,
damqging, deletion or deterioration of
computer · data, electronic document, or
elect·roni~ . dpta message, without right,
jncluding the 'iptroduction or transmission of
viruses.. ·
d. ~ystem interference
The , intentional alteration or reckless
, hindering or interference with the functioning
· _of .a compt:Jtet or computer network by
inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing·
computer data or program, electronic
document, or electronic data message,
without. -right or authority, including the..
introduction or transmission of viruses.
e, Misuse of Devices
· i. The use, production, sale, procurement,
importation, distributiori, or otherwise
making available, without right, of:
a. A device, including a computer
program, designed or adapted
primarily for the purpose of
committing any of the offenses
. under this Act; or
b. A computer password, access
J
code, or similar data by which the
whole or any part of a computer
system is capable · of being
accessed with intent that it be used
for the purpose of committing any of
the offenses under this Act. ·
ii. , Th~ possession of an item referred to in
Pars. e(i) (aa) or (bb) above with intent ·
to use said devices· for the purpose of
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committing any of the offenses under
this section (Par. n).
f. Cyber-squatting
The acquisition of a domain name over
the internet in bad faith to profit, mislead,
destroy reputation, and deprive others from
registering the same, if such a domain name
is:
i. Similar, identical, or confusingly similar
to an existing tradem,ark registered with
the appropriate government agency at
the time of the domain name
registration:
ii. Identical or in any way similar with the
name of a person other than the
registrant, in case of a personal name;
and
iii. Acquired without right or with intellectual
property interests in it (Sec. 4, Par. 6).
2. Computer-related offenses (Sec. 4): (F2 1)
a. Computer-related forgery
i. The input, alteration, or deletion of any
computer data without right resulting in
inauthentic data with the intent that if be
considered or acted upon for legal
purposes as if it were authentic,
regardless whether or not the data is
directly readable and inteUigible;or
ii. The act of knowingly· using computer
data which is the product of computer-
related forgery as defined herein, for the
purpose of perpetuating a fraudulent·or
dishonest design (Par. 6Jbf(1)}..
b. Computer-related Fraud ...
The unauthorized input, alteration; . or
deletion of computer data or prpgraJTI· or
interference in the functioning of a'computer
system, causing damage thereby with
fraudulent intent (Par. 6 (b) (2)).
c. Computer-related !dentity Theft
The intentional acqu~sition, use, misuse,
transfer, possession, alteration or deletion of
identifying information belonging to another,
whether natural or juridical, without right
(Par. 6 (b} (3)).
NOTE FOR 2(8)/ AND 2(C) ABOVE: If no
damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
3. Content-related offenses: (CPUL)
a. Cybersex
The willful engagement, maintenance,
control, or operation, directly or indirectly, of
any lascivious exhibition of sexual organs or
sexual activity, with the aid .of a computer
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system, for favor or consideration (Par. 6 (c)
(1).
b. Child fornography ·
The unlawful or prohibited acts defined
and punishable byR.A. No. 9775 or the
Anti-Child Pornography · Act of 2009,
committed through a computer system. The
penalty to be imposed shall be one ( 1)
degree higher than that provided for in R.A.
No. 9775 (Par. 6 (c) (2)).
NOTE: An offender cannot be charged with
both child pornography committed online
under this section of R.A. No. 10175 and
R.A. No. 9775 or the Anti-Child Pornography
Act of 2009 as this constitutes a violation of
the proscription against double jeopardy
(Disini v. Secretary of Justice, G.R. No.
203335, February 11, 2014).
c. Unsolicited Commercial
Communications
This section penalizes the transmission
, of IJJ')Solicitedcommercial communications,
,,cf;ll:$0iknown
·; '1'" ·" ), '·?? i.:··f'Y1,i.='
,·;,
as "spam" (Par. 6 (c) (3)).
Nor@\rhis provision was declared void and
uneonstttutional. To prohibit the
trs1nsrriissiori of unsolicited ads would deny
q;·person the right to read his emails, even
·,nct"\lll"IIT,:,(1 commercial ads addressed fo
LEOS1:>11'citedadvertisements are
forms of expression (Disini v.
Secretary of Justice, G.R. · No. 203335,
February 11, 2014r
1
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The unlawful or prohibited acts of libel
as defined in Art. 355 of the RPC, as
amended, committed through a computer
system or any other similar means which
may be devised in the future. Sec ..4(c)(4)
that penalizes online libel is valid and
constitutional with respect to the original
author of the post; but ·void and
unconstitutional with respect to others who
simply receive the post and react to it (Disini
v. Secretary of Justice, G.R. No. 203335,
February 11, 2014).
NOTE: An offender cannot be charged with
both online libel under this ·section of R.A.
No. 10175 and Art. 353 of the RPC as this
constitutes a violation of the proscription
against double jeopardy (Disini v. Secretary
of Justice, G.R. No. 203335, February 11,
2014).
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4. Other Offenses (Sec. 5)
a. Aiding or Abetting in the Commission
of Cybercrime
Any person whowillfully abets or aids in
the commission of any of the offenses
enumerated in this Act shall be held liable
(Par. a).
b. Attempt in the Commission of
Cybercrime
Any person who willfully attempts to
commit any of the offenses enumerate·d in
this Act shall be held liable (Par. b).
NOTE: All crimes defined and penalized by the RPC,
as amended, and special laws, if committed by,
through and with the use of information and
communications technologies shall be covered by
the relevant provisions of this Act. The penalty to be
imposed shall be one (1) degree higher than that
provided for by the Revised Penal Code, as
amended, and special laws, as the tase may be .
(R.A. 10175, Sec. 6). · · · child as defined herein (Par. a (1)).
A prosecution under this Act shall be without
prejudice to any liability for violation of any provision
of the Revi_sedPenal Code, as amended, or special
laws (Sec. 7).
The Court resolved to leave the determination of
the correct application of Section 7 that authorizes
prosecution of the offender µnder ~oth the Revised
Penal Code and Republic Act 10175 to actual cases,
with the exception of the crimes of>
1. Online libel as to which, charging the offender
under both Section 4(c)(4) of Republic Act
10175 and Article 353 of the Revised Penal
Code constitutes a violation of the proscription
against double jeopardy: and
2. Child pornography committed online as to
which, charging the offender under both Section
4(c)(2) of RA No. 10175 and Republic Act 9775
or the Anti-Child Pornography Act of 2009 also
cdnstitutes a violation of the same proscription,
and, in respect to these, is void and
unconstitutional. (Disini v. Secretary of Justice,
G.R. No. 203335, February 11, 2014).
ANTI-CHILD ·
PORNOGRAPHY
ACTOF2009
REPUBLIC ACT NO. 9775
Approved on: November 17, 2009
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Effectivity Clause: This Act shall take effect fifteen
(15) days following its publication in two (2)
newspapers of general circulation (R.A. No. 9775,
Sec. 29).
Topic related to: Crimes Against Persons
DEFINITION OF TERMS (Sec. 3)
Child
A person below eighteen (18) years of age or over,
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 (Par. a).
Further, a "child" shall also refer to:
1. A person, regardless of age, who is presented,
depicted or believed to be a child as defined
herein; and
2. A computer-generated, digitally or manually
crafted images or graphics of a person who is
represeriled or who is made to appear to be a
Child Porno~raphy
Any representation, Whether visual, audio, or written
combination thereof, by electronic, mechanical,
digital; optical, magnetic or any other means, of child
engaged or involved ih real or simulated explicit
sexual activities (Par. b),.
NOT!;: Penalty to be:· imposed shall be one ( 1)
degree ~igher fhan that provided for in Republic Act
No. 9775 if committed through- a computer system
(/RR of R.A. No. 10175, Sec. 4 (c)).
Explicit Sexu,al Activity
tt is· the actual or simulated:
1. Sexual intercourse or tascivious 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,
breast, pubic area and/or anus; or
6. Use of any object or instrument for lascivious
acts (Par. c).
Internet Address
It is a website, bulletin board service, internet chat
room or news group, or any other internet or shared
network protocol address (Par. d).
Internet Cafe or Kiosk
It is an establishment that offers or proposes to offer
services to the public for the use· of its computer/s or
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computer system for the purpose of accessing the
internet, computer games or related services (Par. ·
e).
Internet Content Host
A person who hosts or who proposes to host internet
content in the Philippines (Par. f).
Internet Service Provider (ISP)
A person or entity that supplies or proposes to
supply, an internet carriage service to the public
(Par. g).
Grooming
It is the act of preparing a child or someone who the
offender believes to be a child for sexual activity or
sexual relationship by communicating any form of
child pornography. It includes online enticement or
enticement through any other means (Par. h).
Luring
It is the act of communicating, by means of a
computer system, with a child or someone who the
offender believes to be a child for the purpose of
facilitating the commission of a sexual activity or
production of any form of child pornography (Par. i).
Pandering
It is the act of offering, advertising, promoting,
representing or distributing through any means any
material or purported material that is intended to
cause another to believe that the material or
purported material contains any form of child
pornography, regardless of the actual content of the·
material or purported material (Par.-j).
Person
Refers to any natural or juridical entity (Par. k).
PUNISHABLE ACTS (Sec. 4):
(P 5 -CHEW-FEK)
1. To froduce, direct, manufacture or create any
form of child pornography;
2. To fublish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import
· any form of child pornography;
3. To fossess any form of child pornography with
the intent to sell, distribute, publish, or
broadcast: Provided, that possession of three (3)
or more· articles of child pornography of the
same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast;
4. For a f arent, legal guardian or person having
custody or control of a child to knowingly permit
the child to engage, participate or assist in any
form of child pornography;
5. To fossess any form of child pornography;
6. To 9_onspireto commit any of the prohibited acts
stated in this section. Conspiracy to commit any
form of child pornography shall be committed
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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;
7. To Hire, employ, use, persuade, i.nduce or
coerce a child to perform in the creation or
production of any form of child pornography;
8. To 5ngage in the luring or grooming of a child;
9. To Willfully access any form of child
pornography;
10. For film distributors, theaters and
telecommunication companies, by themselves
or in cooperation with other entities, to distribute
any form of child pornography;
11. To 5ngage in pandering of any form of child
pornography; and
12. To ,!Snowingly,willfully and intentionally provide
a v.enue for the commission of prohibited acts
as, but not limited to, dens, private rooms,
cubicles, cinemas, houses or in establishments
purporting to be a legitimate business.
ELEMENTS OF CHILD PORNOGRAPHY:
(CEVE)
1. That there must be representation of a fhild;
NOTE:R.A. No. 9775 does not cover adult
pornography. If the person engaged in real or
simulateh explidt sexual activities is an adult,
R.A. ~o. 9208 (Trafficking in Persons Act)
applies (f CAMPANILLA, Special Penal Laws
(2010), p. 141 [hereinafter I CAMPANILLA,
SPf.]),.
2. That the child is 5ngaged or involved in real or
simulated explicit sexual activities;
,,. liOJJf:i"Explicit sexual conduct" connotes actual
depiction of the sex act rather than merely the
suggestion that it is occurring. "Simulated"
sexual intercourse is not sexual intercourse that
is merely suggested, but rather sexual
intercourse that is explicitly portrayed, even
though (through camera tricks or otherwise) it
may not actually occurred. The portrayal must
cause a reasonable viewer to believe that the
actors actually engaged in that conduct on the
camera (Id. at 143-144).
3. That the representation of the child may be
~isual, audio, or written form or combination
thereof; and
4. That the representation of the child is by
glectronic, mechanical, digital, optical, magnetic
or any other means (Id. at 141).
NOTE: A person who hires, employs or uses a child
to engage in live sexual performance or showing in
internet chat rooms, may be held liable either for
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trafficking in persons under R.A. No. 9208 O( for
child pornography under R.A. No. 9775.
SYNDICATED CHILD PORNOGRAPHY
(Sec. 5)
The crime of 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 and shall be
punished with the penalty of reclusion perpetua and
a fine not less than two million pesos (Php
2,000,000) but no! more than five million pesos (Php
5,000,000).
WHO MAY FILE A COMPLAINT (Sec. 6):
(P2A2BL2O3)
1. farents or guardians;
2. Any ferson who has personal knowledge of the
circumstances of the commission of any offense
under this Act; ..
3. ascendant or collateral relative wttflin)he tbird
degree of consanguinity; ".
4. At least three (3) concerned responsibte,cltizen~
residing in the place wnere the violation
occurred; · ··
5. Barangay chairman; ... . person/s has/tiave a: reasonable expectation of
6. [ocal social welfare dev~lopr:neptofficer;.
7. Any ,baw enforcement offiper; .' · broadcasting, snaring,· showing or exhibiting the
8. Officer, social worker 1or representative of a
licensed child-caring ini:Mµtfon; \ act or simHar activity ttirough VCD/DVD, internet,
9. Officer or social worker bf the' OSWO;··
10. Offended party.
APPOINTMENT Of , SPE'CtAL
PROSECUTORS (Sec. 7)
The DOJ shall appoint or design~te ·" ·spe,ctal•
prosecutors to prosecute cases for ·the-violation 'Of
this Act. · It refers to the"nakedor undergarment clad genitals,
JURISDICTION (Sec. 8)
Family Court which has territorial jurisdiction over the
place where the offense or any of its essential
elements was committed.
The right to privacy of the child shall be ensured at
any stage of the investigation, prosecution and trial
(Sec. 13)._
Effectivity Clause: This Act shall take effect fifteen
( 15) days after its complete publication in the Official
Gazette or in two(2) newspapers of general
circulation (R.A. No. 9995, Sec. 10).
. Topic related to: Crimes Against Chastity
DEFINITION OF TERMS (Sec. 3)
- Broadcast
It is to make public, by any means, a visual image
with the intent that it be viewed by a person or
persons (Par. a).
Capture
It is to videotape, photograph, film, record by any
means, or broadcast an image (Par. b).
Female Breast
It refers to any portion of the female breast (Par. c).
Photo or"\l.ideo Voyeurism
lt'is ttie acfof taking photo or video coverage of a
. person orgro1,1p Qf persons performing sexual act or
. ..any sirhtlar activity or of capturing an image of the
private area· of a 'jierson or persons without the
latter's consept, under circumstances in which such
privacy, or the actof s~lling, copying, reproducing,
photo orvideo cqverage.or recordings of such sexual
cellular phones andsimilar means ur device without
the written conse'nt 'of the person/s involved,
n9twitrysfandirygthat consent to record or take photo
. or video coverage i>f same was given by such
. person/s(Par. d).
Privat&Area"ofa Person
pubic area, buttocks or female breast of an individual
(Pat. e).
Under Circumstances in which a Person has a
Reasonable Expectation of Privacy
Belief that he/she could disrobe in privacy, without
being concerned that an image or a private area of
the person was being captured; or circumstances in
which a reasonable person would believe that a
private area of the person would not be visible to the
public, regardless of whether that person is in a
public or private place (Par. f).

ANTI-PHOTO AND VIDEO PUNISHABLE ACTS (Sec. 4): (TCSP)

VOYEURISM ACT OF 2009 1. To Iake photo or video coverage of a person or
REPUBLIC ACT NO. 99-95 group of persons performing sexual act or any
similar activity or to capture ·an image of the
private area of a person/s such as the naked or
undergarment clad genitals, pubic area,
Approved on: February 15, 2010 buttocks or female·breast without the consent of

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the person/s involved and under circumstances 3. That the Evidence to be obtained is essential to
in which the person/s has/have a reasonable the conviction of any person for, or to the
expectation of privacy (Par. a); solution or prevention of such, crime.

NOTE: Secretly capturing the image of the INADMISSIBILITY OF EVIDENCE (Sec.

private part of a woman urinating in a public 7)
comfort room with the use of a hidden camera is
Any record, photo or video, or copy thereof, obtained
a violation of Sec. 4 (a). The woman has 2
reasonable expectation of privacy since she or secured by any person in violation of the
preceding sections shall not be admissible in
believed that she could disrobe in privacy inside
the comfort room, without being concerned that evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.
her private area was being captured (I,
CAMPANILLA, SPL, supra at 313).
NOTE: A .video coverage of a nude woman dancing
Taking photo coverage of a nude child. without in a disco pub may be used by the policeman, who
took it as evidence in a preliminary investigation
her consent may constitute child abuse under
Sec. 1O (a) of RA 7610. Taking video coverage case i~volving trafficking in persons. The same is
of a woman with whom the offender has/had admissible in evidence since it was not taken in
marital, sexual, or dating relationship, may violation of RA 9995 ..The woman has no reasonable
constitute psychological violence fR violation of expectation of privacy in such place where she w~s
Sec. 5 (i) of RA 9262 (Id.). hired to dance nude. Written order contemplated m
Sec. 6 is not needed since the investigation does not
2. · To Copy or reproduce, or to cause to be copied. involve the crime of photo or video voyeurism (I
CAMPANILLA, SPL, supra at 314).
or reproduced, such photo or video or recording
of sexual act or any similar activity with or
without consideration (Par. b);
3. To Sell or distribute, or cause to be -sold or
distributed, such photo or video or recording of ,:AN'fl-SEXUAL
sexual act, whether it be the original copy or HAR'5SMENT ACT OF 1995
reproduction thereof (Par. c); or · .
4. To Publish or broadcast, or cause to be
REPUBLIC ACT NO. 7877
published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or
video coverage or recordings of such Sf:!Xualact
or any similar activity through VCD/DVD;
·Appro;!~{tJi~i~~ 14, 1995
Effectivity Date: March 5, 1995
internet, cellular phones and other similar means
or device (Par. d). i:;\{i~t,J*d
to: Crimes Against Chastity

NOTE: The prohibition under Nos. 2, 3, and 4 shall

WORK, EDUCATION OR TRAINING-
apply notwithstanding that consent to record_or take
photo or video coverage of the same was given by RELATED SEXUAL HARASSMENT
such person/s. Any person who violates this Committed oy an employer, employee, manager,
provision shall be liable for photo or video voyeurism supervisor, agent of the employer, teacher,
as defined herein (Par. 5). instructor, professor, coach, trainor, or any .
other person who, having authority, influenc~ . or
EXEMPTION (Sec. 6) moral ascendancy over another in a work or training
or education environment, demands, requests or
Any peace officer, who is authorized by a written
otherwise requires any sexual favor from the other,
order of the court, to use the record or any copy
regardless of whether the demand, request
thereof as evidence in any civil, criminal investigation
or requirement for submission is accepted by the
or trial of the crime-of photo or video voyeurism.
object of said Act (Sec. 3).
Provided, that such written order shall only be issued
Sexual harassment engenders three-fold liability:
or granted upon_;(AGE) . .
criminal, to address the wrong committed against
1. Written Application and the examination under
society itself; civil, to address the private ,wrong
oath or -affirmation of the applicant and the
against the offended party; and administrative, to
witnesses he/she may produce;
protect the public service (Escandor v. People, G.R.
2. Showing that there are reasonable Grounds to
No. 211962, July 6, 2020).
believe that photo or video voyeurism has been
committed or is about to be committed; and

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It may be committed by one having Authority,
Influence or Moral ascendancy {AIM) over another in
a work, or training or education environment against
the person over whom the influence or moral
ascendancy is exerted. In an education or training
environment in particular, the law expressly provides
that it may be committed against "one who is under
the care, custody or supervision of the offender'' or
"against one whose •education, training,
apprenticeship or tutorship is entrusted to the
offehder." (Sec. 3, Par. b (1) and (2)).
ELEMENTS OF THE CRIME OF SEXUAL
HARASSMENT:
1. That the offender has authority, influence or
moral ascendancy over the victim in a work,
training, or education environment; and
NOTE: 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, mc;1leer female, may
rightfully cry "foul" provided the claim .is'Well
substantiated. Strictly, speaking, there iSno .time
period within which he or she is ;expected .to
complain through the proper chaMels. 'The time
to do so may vary depending upon the needs,
circumstances, and giore;,, i,n1portantly, the
emotional threshold of the".employee (Philippine
Aeolus Automotive United C,Qf'poration\,. NLRC; ..
G.R. No. 124617, Apri/28,2000).. . .
2. The offender demands, reque~ts or otherwise
requires any sexual favor from the· victim (I
CAMPANILLA, SPL, supra at 51) . ..
NOTE: It is not necessary 'that the demand~
request, or requirement of a se.xual favo·r be
articulated in a categorical oral or !written
statement. It may be discerned, with..,~!'.lual
certitude, from the acts of the offender (Bacsin
v. Wahiman, G.R. No. 146053, April 30, 2008).
Sweetheart defense cannot be upheld in favor of
offender in sexual harassment case · (I
CAMPANILLA, SPL, supra at 52).
PERSONS LIABLE (Sec. 3):
1. Principal by Direct Participation; and .
2. "Principals by Inducement and Indispensable
Cooperation
Any person who directs or induces another to
commit any act of sexual harassment as herein
defined, or who cooperates in the commission
thereof by another without which it would not
have been committed, shall also be held liable
under this Act.
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SPECIAL.PENALLAWS
CriminalLaw
WHEN PUNISHABLE:
1. In a work-related or employment
environment:
a. The sexual favor is made as a condition in
the hiring or in the employment, re-
employment or continued employment of
said individual, or in granting said individual
favorable compensation, terms, conditions,
promotions, or privileges; or 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;
b. The above acts would impair the employee's
rights or privileges under existing labor laws;
or ·
c. The above acts wouid result in an
intimidating, hostile, or offensive
environment for the employee (Sec. 3, Par.
a).
NOT!;: .Sexual. harassment in the workplace is
riot about a mahtaking advantage of a woman
by reason' 9f sexµal desire - it is about power
being exet;cised by a superior over his women
subordinates; ihat; power emanates from the
fact that he can remove them if they refuse his
amgrous acfvanc:esi (Alegria v. Judge Duque,
A.Md.Jo. R-PJ-06-2019, April 4, 2007).
2. In ah ~d·u~tl~n or training-r~lated
. environment:
a::- Against one 111/ho is under the care, custody
or supervision of the offender;
b .. Agciinst .one whose education, training,
·apprel'\tlceship or tutorship is entrusted to
\ the offender;
( :when the sexual favor is made a condition
to the giving of a passing grade, or the
granting of honors and scholarships, or the
payment of a stipend, allowance or other
benefits, privileges, or consideration; or
d. When the sexual advances result in an
intimidating, hostile or offensive
environment for . the student, trainee
or apprentice (Sec. 3, Par. b).
CASES:
1. Quid pro quo cases
Whenever "sexual favor is made as a
condition in the hiring or in the employment, re-
employment or continued employment of said
individual, or in granting said individual favorable
compensation, terms, conditions, promotions, or
privileges" or when "the sexual favor is made a
condition to the giving of a passing grade, or the
granting of honors and scholarships or the
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payment of a stipend, allowance or other prevent incidents of sexual harassment. It

benefits, privileges or considerations." This is shall also conduct the investigation of
also present .whenever the refusal to grant alleged cases constituting sexual
sexual favor "would impair the employee's right harassment.
or privileges under existing labor law" (Sec. 3,
Par. a (2)).

2. Hostile Environment Cases

This covers the cases mentioned in the
second part of Section 3(a)(1) which include Committee shall be Committee - shall be
cases where the "refusal to grant the sexual composed of at least composed of at least one
favor results in limiting, segregating or one ( 1) representative ( 1) representative from
classifying the employee which in any way would each from the the administration, the
discriminate, deprive or diminish employment management, the trainors, instructors,
opportunities or otherwise adversely affect said union, if any, the professors or coaches
employee." employees from and students or trainees,
the supervisory rank, as the case may be.
There is also a hostile environment case and from the rank and
whenever the solicitation of sexual favors or file employees.
refusal to grant the same "would result in an
intimidating, hostile, or offensive environment for
c. To disseminate or post a copy of this Act for
the employee. (Sec. 3, Par. a (3)).
the information of all concerned.
In an education or training environment, a hostile
environment is present "when the sexual LIABILITY OF THE EMPLOYER, HEAD
advances result in an intimidating, hostile or OltQFFJce, EDUCATIONAL OR
offensive environment for the student, trainee or TRAINING INSTITUTION (Sec. 5)
apprentice" (Sec. 3, Par. b (4)). The employer or head of office, educational or
training institution shall be solidarity liable for
DUTIES OF THE EMPLOYER OR HEAD damages .arising from the acts of sexual
OF . OFFICE IN A WORK-RELATED, harassm~nt committed in the employment,
EDUCATION OR TRAINING education or training environment if the employer
ENVIRONMENT (Sec. 4): or h'ead ?of office, educational or training
institution'' is'foformed of such acts by the
1. To prevent or deter the commission ofacts of offended party and no immediate action is taken.
sexual harassment; and
2. To provide the procedures for the
·. INIJEPE.NDENTACTION FOR DAMAGES
resolution, settlement or prosecution of acts of
sexual harassment. Toward this end, they $hall: (Sec. 6)
a. Promulgate rules for administrative Nothing in law precludes the victim of sexual
sanctions: Promulgate appropriate rules and harassment from instituting . a separate and
regulations in consultation with and jointly independent action for damages and other
approved by the employees or students or affirmative relief.
trainees, through their duly .designated
representatives, prescribing the procedure PENALTIES (Sec. 7):
for the investigation of sexual harassment 1. Imprisonment of not less than one (1) month nor
cases. and the administrative more than six (6) months;
sanctions therefore. 2. Fine of not less than Ten thousand
pesos (P10,000) nor more than Twenty
NOTE: Administrative sanctions shall not be thousand pesos (P20,000); or
a bar to prosecution in the proper courts for 3. Both such fine and imprisonment at the
unlawful acts of sexual harassment. discretion of the cpurt.

b. Create a committee on decorum and PRESCRIPTION (Sec. 7)

investigation of cases on sexual
harassment. The committee shall conduct Any action arising from the violation of the provisions
meetings, as the case may be, with officers of this Act shall prescribe in three (3) years.
and employees, teachers, instructors,
professors, coaches, trainors, and students
or trainees to increase understanding and

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474
()
ANTI-TRAFFICKING IN
PERSONS ACT OF 2003
REPUBLIC ACT NO. 9208,
AS AMENDED BY
REPUBLIC ACT NO. 10364
Approved on: May 26, 2003 ·
Effectivity Date: June 19, 2003
Topics related to: Crimes Against Public Morals;
Crimes Against Personal Liberty and Security; and
Crimes Against Chastity.
DEFINITION OF TERMS (Sec. 3)
Trafficking in Persons
It is the recruitment, obtaining, hiring, providing,
offering, transportation-, transfer, maintaining,
harboring, or receipt of persons with or without the
victim's consent or knowledge, within or across
national borders by means of threat or.useof force,
or other forms of coercion, abduction, fraud,
deception, abuse of power Or of position, taking
advantage of the vulnerability of the person, or the
giving or receiving of payments or benefits to
achieve the consent of a person having control over
another person for the purpose of exploitaUc;mwhich
includes at a minimum, the exploitation or the
prostitution of others or other forms of.
sexual
exploitation, forced labor. or··· services,. slavery,
servitude, or the removal or sale of organs.
It also refers to the recruitment, transportation,
transfer, harboring, adoption, or receipt of a child for
the purpose of exploitation or when the acloption is
induced by any form of consideration for exploitative
purposes even if it does not involve any of the means
set forth in the preceding paragraph (Par. a).
Child
A person below eighteen (18) years of age or one
who is over eighteen (18) but is unable to fully take
care of or protect himself/herself from abuse,
neglect, cruelty, exploitation, or discrimination
because of a physical or mental disability or
condition (Par. b).
Prostitution
It is any act, transaction, scheme, or design involving
the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for
money, profit, or any other consideration (Par. c).
Forced Labor
It is the extraction of work or services from any
person by means of enticement, violence,
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SPECIALPENALLAWS
Criminal Law
intimidation or threat, use of force or coercion, ·
including deprivation of freedom, abuse of authority
or moral ascendancy, debt-bondage, or deception
(Par. d).
Slavery
It is the status or condition of a person over whom
any or all of the powers attaching to the right of
ownership are exercised (Par. e).
Sex Tourism
It is a program organized by travel and tourism-
related establishments and individuals which
consists of tourism packages or activities utilizing
and offering escort and sexual services as
enticement for tourists. This includes sexual services
and practices offered during rest and recreation
periods for members of the military (Par. g).
Sexual Exploitation
It is the participation by a person in prostitution or the
production of pornographic materials as a result of
being subjected to a threat, deception, coercion,
abduction, force, abuse of authority, debt bondage,
fraud, or through abuse of a victim's vulnerability
(Par. h).
Debt Bondage
It is the pledging by the debtor of his/her personal
servicesor labor or those of a person under his/her
control as security dfpayment for a debt, when the
length and nature of services is not clearly defined
or when the value of,the services as reasonably
assessed is not applie.d toward the liquidation of the
debt (Per. i). ·
Pornography
It is · any , repfesentation, through publication,
exhibition, cinematography, indecent shows,
informatiorr technology, or by whatever means, of a
person engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of
a person for primarily sexual purposes (Par. j).
PUNISHABLE ACTS:
1. Acts of Trafficking in Persons (Sec. 4, as
amended by RA 10634): (RIO-UMAFO-AC-
BO)
a. To Becruit, obtain, hire, provide, offer,
transport, transfer, maintain, harbor, or
receive a person by any means, including
those done under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of
prostitution, pornography, or sexual
exploitation;
b. To Introduce or match for money, profit, or
material, economic or other consideration,
any person or, as provided for under RA
6955, any F\lipino woman to a foreign
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national, for marriage for the purpose of
acquiring, buying, offering, selling or trading
him/her to engage in prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
c. To Offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual
exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
d. To Y.ndertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution,
pornography or sexual exploitation;
e. To Maintain or hire a person to engage in
prostitution or pornography;
f. To Adopt persons by any form of
consideration for exploitative purposes or to
facilitate the same for purposes of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
g. To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced .
labor, slavery, involuntary servitude or debt
bondage;
h. To recruit, hire, adopt, transport, transfer,
obtain, harbor, maintain, provide, offer,
receive or abduct a person, by means of
threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of
removal or sale of Organs of said person;
i. To recruit, transport, obtain, transfer, harbor,
maintain, offer, hire, provide, • receive or
adopt a child to engage in Armed activities
in the Philippines or abroad;
j. To recruit, transport, transfer, harbor, obtain,
maintain, offer, hire, provide or receive a
person by means defined in Section 3 for
purposes of forced labor, slavery, debt
bondage and involuntary servitude,
including a scheme, plan, or pattern
intended to ~ause the person either:
i. 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
ii. To abuse or threaten the use of law or
the legal processes; and
k. To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or
receive a child for purposes of exploitation
or trading them, including but not limited to,
the act of baring and/or selling a child for any
consideration or for ~arter for purposes of
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exploitation. Trafficking for purposes of
exploitation of children shall include:
i. 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;
ii. The use, procuring or offering of a child
for prostitution, for the production of
pornography, or for pornographic
performances;
iii. The use, procuring or offering of a child
for the production and trafficking of
drugs; and
iv. 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
I. To Organize or direct other persons to
commit the offenses defined as acts of
trafficking.
·· ' 2. Attempted Trafficking in Persons (Sec. 4-
j\, as am,ended by RA 10634)
;....: There are acts to initiate the commission of
a 't~M'fic::k1ogoffense under Section 4 but the
offender ·•failed to or did not execute all the
elements orthe crime, by accident or by reason
of some cause other than voluntary desistance,
such overt acts shall be deemed as an attempt
to commit an act of trafficking iri persons.
NOTE: Jrtcases where the.victim is a child, any
of the following acts shall also be deemed as
attempted trafficking in persons: (FERS 2 )
!,ii\ ;r;i.fa~ilitating 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
Department of Social Welfare and
Development, or a written permit or
justification from the child's parent or legal
guardian;
b. gxecuting, for a consideration, an affidavit of
consent or a written consent for adoption;
c. ,Becruiting a woman to bear a child for the
purpose of selling the child;
d. §.imulating a birth for the purpose of selling
the child; and
e. §.oliciting 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 purpose of
selling the child. ·
•
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3. Acts that Promote Trafficking in Persons
(Sec. 5, RA 9208 as amended by Sec. 8, RA
10634): (LPA 2 -FC-BDe 2 U)
a. To knowingly !,_ease or sublease, use or
allow to be used any house, building or
establishment for the purpose of promoting
trafficking in persons;
b. To f.roduce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and
certificates of any government agency which
issues ttiese certificates and stickers as
proof of compliance with government
regulatory and pre-departure requirements
for the purpose of promoting trafficking in
persons;
c. To ,Advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including tbe use
of information technology and the internet,
of any brochure, flyer, or any propaganda
material that promotes trafficking in persons;
d. To ,Assist in the condutt of
misrepresentation or fraud fdr purposes of
facilitating the acquisition Qf clearances and
necessary exit documents from government
agencies that are mandated to provide pre-
departure registratlon and services for
departing persons for the purpose of
promoting trafficking in persons;
e. To facilitate, assist or help in the exit and
entry of persons from/to · the country at
international and local airports, territorial
boundaries and seaports who are in
possession of unissued, tampered . or
fraudulent travel documents for the purpose
of promoting trafficking in persons;
f. To ~onfiscate, conceal, or destroy the
passport, travel documents, or• personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
appropriate agencies;
g. To knowingly ~enefit from, financial or
otherwise, or make use of, the labor or
services of a person held to a condition of ,
involuntary servitude, forced labor, or
slavery,
h. To tamper with, destroy, or cause the
Destruction of evidence, or to influence or
attempt to influence witnesses, in an
investigation or prosecution;
i. To Destroy, conceal, remove, confiscate or
possess, or attempt to destroy, conceal,
remove, confiscate or possess, any actual
or purported passport or other travel,
immigration or working permit or document,
or any other actual or purported government
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SPECIALPENALLAWS
Criminal Law
identification, of any person in order to
prevent or restrict, or attempt to prevent or
restrict, without lawful authority, the person's
liberty to move or travel in order to maintain
the labor or services of that person; or
j. To Y,tilize his or her office to impede the
investigation, prosecution ·or execution of
lawful orders.
4. Qualified Trafficking in Persons (Sec. 6,
RA 9208 as amended by Sec. 9, RA 10634):
(CASA-PM-AIDS-60M)
a. When the trafficked person is a ~hild;
b. When the ,Adoption is effected through RA
8043, otherwise known as the "Inter-Country
Adoption Act of 1995" ahd it is for the
purpose of prostitution, pornography, sexual
exploitation,· forced labor, slavery,
involuntary servitude or debt bondage;
c. When the crime is committed by a
~yndicate, or in large scale;
NOTE:Trafficking is deemed committed by
a syn(licate 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.
d. When the.offender is an Ascendant, parent,
sibling, guardiap or a person who exercises
authority over the trafficked person or when
the offense is committed by a public officer
or employee 1
e. When the trafficked person is recruited to
engage in f_rostitution with any member of -
the military or law enforcement agencies;
f. · When' the offender is a member of the
Military or law enforcement agencies; ano
· -g. 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 Human Immunodeficiency
Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).
h. When the offender commits one or more
violations of Section 4 over a ·period of sixty
(60) or more days, whether those days are
continuous or not; and
i. When the offender directs or through
another Manages the trafficking victim in
carrying out the exploitative purpose of
trafficking.
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MEM:Q~YAID
San Seda Univarsity College of law - RGCT Bar Operations Center

WHO MAY FILE COMPLAINT FOR
TRAFFICKING (Sec. 8): (CAT-PLS 2)
1. ~ny person who has personal knowledge of the
commission of any offense under this Act
2. Irafficked person;
3. farents;
4. §.pause;
5. §.iblings;
6. ~hildren; and
7. ,begal guardian.
PRESCRIPTIVE PERIOD
Trafficking cases under this Act shall prescribe in ten
(10) years; Provided, however, that trafficking cases
committed by a syndicate or in a large scale, or
against a child, shall prescribe in twenty (20) years.
The prescriptive period shall commence to run from
the day on which the trafficked person is delivered or
released from the conditions of bondage, or in the
case of a child victim, from the day the child reaches
the age of majority, and shall be interrupted by the
filing of the complaint or information and shall
commence to run again when the proceedings '
termil")ate without the accused being convicted or
acquitted or are unjustifiably stopped for any reason
not imputable to the accused (Sec. 12).
ANTI-VIOLENCE AGAINST
WOMEN AND THEIR
CHILDREN ACT OF 2004
REPUBLIC ACT NO. 9262
illegitimate, within or without the family abode
(Par. a).
NOTE: Lesbian partner covered by R.A. No. 9262.
Clearly, 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. Ori/on, G.R. No. 179267, June 25, 2013).
Children
They are those below eighteen (18) years of age, or
older, but are incapable of taking care of themselves,
as defined under R.A. No. 7610. The term includes
the biological children of the victim and other children
under her care (Par. h).
Dating Relationship
It is a situation wherein the parties:
1. Live as husband and wife without the benefit of
marriage; or
2. Are romantically involved over time and on a
continuing basis duririg the course of the
relationship.
A casual acquaintance or ordinary socialization
eetvJeen .two'..individuals in a business or social
contexfis riota dating relationship (Par. e).
The law did not use in its provisions the colloquial
verb "romance" that implies a sexual act. It did not
say that the offender must have "romanced" the
offended woman. Rather, it used the noun
''romance~ 0
to"<f~b~ 1a couple's relationship, i.e., "a
love affafr1'(An{tV. Sagud, G.R. No. 182835, April
20, 2010).
:S~x-..-Relations
single
It is a sexual act which may or may not result
.

in the bearing of a common child (Par. f).

Approved on: March 08, 2004
Effectivity Date: March 27, 2004 DATING RELATIONSHIP AND SEXUAL
RELATIONS, DISTINGUISHED
Topics related to: Justifying Circumstances;
Crimes against Persons. DAtEIN~ SEl!l:J'Allii
REtiiAJPIONS
REL.iATIONSRI~ tSec. '3(f}}
DEFINITION OF TERMS (Sec. 3) (Sec.l(el .
Violence against Women and their Children Can exist even without a Refers to a single
It is any act or a series of acts which result in or is sexual intercourse sexual act which may
likely to result in physical, sexual, psychological taking place between or may not result in the
harm or suffering, or economic abuse including those involved. bearing of a common
threats of such acts, battery, assault, coercion, child.
harassment, or arbitrary deprivation of liberty
committed by any person against: (Wi 2 Re-CoC) (Ang v. Sagud, G.R. No. 182835, April 20, 2010).
1. A woman who is his:
a. Wife; . On-and-off relationships
b. Former Wife; An "away-bati" or a fight-and-kiss thing between two
c. A woman with whom the person has or had lovers is a common occurrence. Their taking place
a sexual or dating Relationship; does not mean that the romantic relation between
2. A woman with whom he has a Common child; the two should be deemed broken up during periods
3. Against her ~hild whether legitimate or

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of misunderstanding (Ang v. Sagud, G.R. No.
182835, April 20, 2010).
Physical Violence
It refers to ;:icts that include bodily or physical harm
(Par. a (A)).
Battery
It is an act of inflicting physical harm upon the
woman or her child, resulting to the physical and
psychological or emotional distress (Par. b).
Battered Woman Syndrome (BWS)
It is the scientifically defined pattern of psychological
and behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse (Par. c).
In any event, the existence of BWS in a relationship
does not in itself establish the legal right of the
woman to kill her abusive partner. Evidence must still
be considered in the context of self-defense.
Unlawful aggression is the most essential element of
self-defense. It presupposes actual, sudden and
unexpected attack -- or an imminent dal)ger thereof
-- on the life or safety of a person. The Supreme
Court did not consider BWS as a self-defense in the
case of People v. Genosa because there was a
sufficient time interval between the unlawful
aggression. However, the Suprem, Court ruled that
the mitigating circumstances of psychological
paralysis, which was analogous to an illne.ss
diminishing the exercise of her: will power without
depriving her of consciousness of-.her acts, and
passion and obfuscation are present ( G,R. No.
135981, January 15, 2004).
Sexual Violence
It is an act which is sexual in nature,· committed
pgainst a woman or her child; includes, but is not
limited to: (RAP)
1. ,Rape, sexual harassment, acts of
lasciviousness, treating a woman or her child as
a ~ex object, making demeaning and sexually
suggestive remarks, physically attacking the
sexual parts of the victim's body, 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, forcing
the wife and ·mistress/lover to live in the conjugal
home or sleep together in tt,e same room with
the abuser;
2. Acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of
force, physical or other harm, or threat of
physical or other harm or coercion; or
3. frostituting the woman or child (Sec. 3, Par. a
(8)).
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SPECIAL PENAL LAWS
Criminal Law
Psychological Violence
It refers to acts or omissions causing or likely to
cause mental or emotional suffering of the victim
such as but not limited to: (IHS-DPR-MPD)
1. !ntimidation
2. .!::!arassment
3. §.talking
4. Qamage to property
5. f.ublic ridicule or humiliation
6. Repeated verbal abuse and mental infidelity
7. Witness the physical, sexual or psychological
abuse of a Member of the family to which the
victim belongs
8. Witness f.ornography in any form or to witness
abusive injury to pets
9. Unlawful or unwanted Qeprivation of the right to
custody and/or visitation of common children
(Sec. 3, Par. a (C)).
Economic Abuse
It refers to acts that make or attempt to make a
WQmanfinancially dependent which include~, but is
not limited to the following: (WiD 2 Co) .
1. Withdrawal of financial support or preventing the
victim . from engaging in any legitimate
profession, occupation, business, or activity,
except in, cases . wherein the other spouse/
partner objects on valid, serious, and moral
grounds as defined in Art. 73 of the Family Code;
2. Qeprivation or threat of deprivation of financial
resources . ari'd lhe right to the use and
enjoyment , of the: conjugal, community or
property owned in common;
3. Qestroying'household property; and
4. Controlling the victims' own money or
properties, or solely controlling the conjugal
mo_neyor properties (Sec. 3, Par. a (0)).
ELEMENTS: (RAD)
1 . The offender has or. had a sexual or dating
,Relationship with the offended woman;
2. The offender, by himself or through another,
commits ah Act or series of acts of harassment
against the woman; and
3. The harassment alarms or causes substantial
emotional or psychological Qistress to her (Ang
v. Sagud, G.R,. tyo. 182835, April 20, 2010).
A single act of harassment is enough to convict
an offender
Sec. 3(a) of R.A. No. 9262 punishes "any act or
series of acts" that constitutes violence against
women. This means that a single act of harassment,
which translates into violence, would be enough.
The. object of the law is to protect women and
children. Punishing only violence that is repeatedly
committed would license isolated ones (Ang v.
Sagud, G.R. No. 182835, April 20, 2010).
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sanSeda UniversityCollegeof Law - RGCTBar OperationsCenter
Not indispensable that the act of violence be a
consequence of the dating or sexual relationship
While it is required that the offender has or had a
sexual or dating relationship with the offended
woman, for R.A. No. 9262 to be applicable, it is not
indispensable that the act of violence be a
consequence of such relationship (Dabalos v.
Quiambao, G.R. No. 193960, January 7, 2013).
That the dating relationship ceased prior to
violence is NOT a defense
It is immaterial whether the relationship had ceased
for as long as there is sufficient evidence showing
the past or present existence of such relationship
between the offender and the victim when the
physical harm was committed (Dabalos v.
Quiambao, G.R. No. 193960, January 7, 2013).
PUNISHABLE ACTS (Sec. 5):
(TAPA- IC3 E)
The crime of violence against women and their
children is committed through any of the following
acts:
1. Ihreatening to cause the woman or her child
physical harm;
2. Attempting to cause the woman or her child
physical harm;
3. flacing the woman or her child in fear of
imminent physical harm;
4. Attempting to compel or compelling the woman
or 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 attempting to
restrict or restricting the woman's or her child's
freedom of movement or conduct by force or
threat of force, physical or other harm or threat
of physical or other harm, or intimidation directed
against the woman or child. ·
This shall include, but not limited to, the following
acts committed with the purpose or effect of
controlling or restricting the woman's or her
child's movement or conduct: (CFLP)
a. Threatening to deprive or actually depriving
the woman or her child of ~ustody to her/his
family;
b. Depriving or threatening to deprive the
woman or her children of financial support
legally due her or her family, or deliberately
providing the woman's children insufficient
financial, support;
c. Depriving or threatening to deprive the
woman or her child of a ,begal right; or
d. Preventing the woman in engaging in any
legitimate frofession, occupation, business
or activity or controlling the victim's own
money or properties, or solely controlling the
conjugal or common money, or properties.
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5. !nflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions
or decisions;
6. ~ausing physical harm to the woman or her
child;
7. ~ausing or attempting to cause the woman or
her child to engage in 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;
8. ~ausing mental or emotional anguish, public
ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support
or custody of minor children of access to the
woman's child/children; and
9. gngaging in purposeful, knowing, or reckless
conduct, personally or through another, that
alarms or causes substantial emotional or
psychological distress to the woman or her child.
This shall include, but not limited to the following
acts: (SPEED)
a. §.talking or following the woman or her child
Jn pt.lblic or private places;
''; ··~ ,;:·
NOTE: Stalking refers to an intentional act
committ~d by a person who, knowingly and
without ,lawful justification, follows the
woman or her child, or places the woman or
her Child under surveillance directly or
,pr
.in1~•f~ljr ,, a combination thereof (1
FEESTIN,'SPL, supra at 122).
fearing in the window or lingering outside
.tt1gresidence of the woman or her child;
!;_nteringor remaining in the dwelling or on
the property of the woman or her child
against her/his will;
d. gngaging in any form of harassment or
violence; and
e. Qestroying the property and personal
belongings or inflicting harm to animals or
pets of the woman or her child.
PROTECTION ORDERS (Sec. 8)
A protection order is an order issued under this act
for the purpose of preventing further acts of violence
against a woman or der child specified in Section 5
and granting other necessary relief.
The relief granted under a protection order is for
safeguarding the victim from further harm,
minimizing any disruption in the victim's daily life,
and facilitating the opportunity and ability of the
victim to independently regain control over her life.
The provisions of the protection order are enforced·
by law enforcement agencies.
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NOTE: A Temporary Protection Order cannot be
issued in favor of a man against his wife under R.A.
9262. RA 9262 is specifically applicable to "women
and their children," not to men. Thus, while the TPO
may be justified with respect to the protection
accorded the minor, the same is not legally tenable
with respect to men ( Ocampo vs. Judge Arcaya-
Chua, A.M. No. OCA /Pl No. 07-2630-RTJ, April 23,
2010).
BWS AS A DEFENSE (Sec. 26)
Victim-survivors who are found by the courts to be
suffering from Battered Woman Syndrome do not
incur any criminal and civil liability, notwithstanding
the absence of any of the elements for justifying
circumstances of self-defense under the RPC.
The courts shall be assisted by expert psychiatrists/
psychologists in determining the state of mind of the·
woman who was suffering from BWS at the time o'f
the commission of the crime.
BWS is characterized by the so-called "cycle of
violence", which has three phases: (TAL)
1. Iension-building phase
- Where minor battering occurs. it could be
verbal or slight physical abuse or another form
of hostile behavior, and the woman usually tries
to pacify the batterer to prevent escalation of
· violence exhibited by the batterer;
2. Acute battering inci~ent
- Where there is brutality,.destructiveness, and
sometimes, death. The battered woman deems
this incident as unpredictable, yet also •
inevitable. During this phase, she has no control; ·
only the batterer may put an end to the Violence.
Its nature can be as unpredictable a~ the time of
its explosion, and so are his reasons for ending
it. The battered woman usually realizes that she
cannot reason with him, and that resistance
would only exacerbate her condition; and
3. Tranquil, ,boving (or at least, non-violent)
phase
- The battered may show a tender and
nurturing behavior towards his partner and the
battered woman tries to convince herself that the
battery will never happen again (People v.
Genosa, G.R. No. 135981, January 15, 2004).
Necessity of two (2) battering episodes
In order to be classified as a battered woman, the
couple must go through the battering cycle at least
twice. Each of the phases of the cycle of violence
must be proven to have characterized at least two
battering episodes (People v. Genosa, G.R. No.
135981, January 15, 2004).
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SPECIALPENALLAWS ,
Criminal Law
PERSONS INTERVENING EXEMPT
FROM LIABILITY (Sec. 34)
In every case of violence against women and their
children, any person, private individual or police
authority or barangay official shall not be liable for
any criminal, civil or administrative liability resulting
therefrom, provided that such person, police
authority or official:
1. Was acting in accordance with law;
2. Responds or intervenes without using violence
or restraint greater than necessary to ensure the
safety of the victim.
SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION
AND DISCRIMINATION,
ASAMENDED
REPUBLIC ACT NO. 7610
Approved on: June 17, 1992
Effectivity Clause: This Act shall take effect upon
completion of its publication in at least two (2)
nationalnewspapers of general circulation (R.A. No.
7610, Sec. 36). · ·
Topic related to: Crimes Against Persons
DEFINITION OF TERMS (Sec. 3)
Children
These are persons who are:
1. Below eighteen (18) years of age; or
2. Over eighteen (18) years but are unable to fully
take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or me·ntal
disability or condition. (Par. a).
NOTE: The implementing rules elaborated on
this definition when it defined a "child" as one
who is below eighteen (18) years of age or over
said age who, upon evaluation of a qualified
physician, psychologist or psychiatrist, is
found to be incapable of taking care of herself
fully because of a physical or mental disability or
condition or of protecting herself from abuse
(People v. Abe/lo, G.R. No. 151952, March 25,
2009).
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San Beds U...-slty College of Law - RGCT Bar Operations Center
.
Child abuse
It is the maltreatment, whether habitual or not, of the
child, which includes any of the following: (PDUF)
1. fsychological and physical abuse, neglect,
cruelty, sexual abuse, and emotional
maltreatment;
NOTE: It is inconsequential that the sexual
abuse occurred only once. As expressly
provided in Sec. 3(b) of RA No. 7610, the
abuse may be habitual or not. The law covers
not only child prostitution but also other forms of
sexual abuse (Caba/lo v. People, G.R. No.
198732, June 10, 2013).
2. Any act by deeds or words which Qebases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;
NOTE: Not every instance of the laying of hands
on a child constitutes the crime of child abuse
under Sec. 10(a) of RA 7610. On1y 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 itbe
punished as child abuse. Otherwise,· it is
punished under the RPC (Bongalorfv. People,
G.R. No. 169533, March 20, 2013).
Uttering profanities and making · hacking
gestures with a bolo, which are directed against
the mother of the children, are not constitutive of
child abuse. Since the threatening acts are not
directed against the children, intent to ·degrade,
debase or demean their dignity is not
established (Escolano v. People, G.R. No.
226991, December 10, 2018).
3. Y,nreasonable deprivation of his basic neeas for
survival, such as food and shelter; or
4. 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 (Par. b).
NOTE: Child abuse is committed, not
slight/serious physical injuries as defined and
punished under Art. 266 of the RPC, if the victim
is a child. As defined in the law, child abuse
includes physical abuse of the child, whether
the same is habitual or not (Sanchez v. People,
G.R. No. 179090, June 5, 2009; Reyes v.
People, G.R. No. 197199, November 16, 2011).
Circumstances which gravely threaten or
endanger the survival and normal development
of children
These include, but are not limited to, the following:
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1. Being in a community where there is armed
conflict or being affected by armed conflict-
related activities; ·
2. Living in or fending for themselves in the streets
of urban or rural areas without the care of
parents or a guardian or basic services needed
for a good quality of life;
3. Working under conditions hazardous to life,
safety and normal which unduly interfere with
their normal development;
4. Being a member of an indigenous cultural
community and/or living under conditions of
extreme · poverty or in an area which is
underdeveloped and/or lacks or has inadequate
access to basic services needed for a good
quality of life;
5. Being a victim of a man-made or natural disaster .
or calamity; and
6. Other analogous circumstances which endanger
the life, safety or normal development of children
(Par. c).
PUNISHABLE ACTS: (PATALO 2 -ADIC2)
·•.1. Child Prostitution and other sexual abuse (Sec.
.5);(Seej)rt. 340 under Book Two)
' 2: "~f:t$JJ1Pfff commit child prostitution (Sec. 6);
3. Child Irafficking (Sec. 7);
to
4. Attempt commit child trafficking (Sec. 8);
5. Engagemen\ of children in the worst forms of
child -'-=abqr(Sec. 12-D);
6. Engagement of children in Obscene publications
andJnd .~nt_ V;I.S(Sec. 9);
7. Othef;·.. :· ; neglect, abuse, cruelty or
explol'ta n 5and other conditions prejudicial to
the child's development (Sec. 10);
•fht,~rr1ployment of children as model in
1\ ,'.~~ement directly or indirectly promoting
.......'";icoholic beverages, intoxicating drinks, tobacco
and its byproducts, gambling or any form of
violence or pornography (Sec. 14); and
9. . Qiscrimination of children of !ndigenous ~ultural
~ommunities (Sec. 20).
CHILDREN EXPLOITED IN
PROSTITUTION AND OTHER SEXUAL
ABUSE (Sec. 5)
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 ir:itercourse or lascivious
conduct.
ELEMENTS OF SEXUAL ABUSE UNDER SEC
5(A), ART. Ill OF R.A. NO. 7610: (EACA)
1. The accused §.ngages in, promotes, facilitates
or induces child prostitution;
2. The Act is done through, but not limited to, the
following means: (PIA-VM)
a. Acting as a frocurer of a child prostitute;
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b. Inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;
c. Taking Advantage of influence· or
relationship to procure a child as a
prostitute;
d. Threatening or using ~iolence towards a
child to engage him as a prostitute; or
e. Giving Monetary consideration, goods, or
other pecuniary benefit to a child with intent
to engage such child in prostitution;
3. The ~hild is exploited or intended to be exploited
in prostitution; and
4. The child, whether male or female, is below 18
years of Age (People v. Dulay, G.R. No. 193854,
· September 24, 2012).
NOTE: Sec. 5(a) essentially punishes acts
pertaining to or connected with child prostitution. It
contemplates sexual abuse of a child exploited. in
prostitution. In other words, under Par. a, the child is
abused primarily for profit (People v. Dulay, G.R. No.
193854, September 24, 2012). · . advertisements or other similar means; or
. ELEMENTS OF SEXUAL ABUSE" UNDER SEC.
5(8), ART. Ill OF R.A. NO. 7fi.10;..(SPA)
1. The accused commits. the · act of §.exual
intercourse or lascivious conduct;
· NOTE: "Lascivious conduct" defined as the
intentional touching, either directly or through
clothing, of the genitalia:· ant.is, groin, breast,
inner thigh, or buttocks, or t~ iri\roduction9f 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 pubiG are~ qf the
person (Sec 2, Par. h of the Rqles and
Regulations on the Reporting and Investigation
of Child Abuse Cases).
2. The sai~ act is ferformed with a child exploited
in prostitution or subjected to other sexual
abuse;and
3. The child, whether male or female, is below 18
years of Age (Garingarab v. People, G.R. No.
192760, July 20, 2011).
The law covers not only a situation in which a child
is abused for profit but also one in which a child,
through coercion or intimidation, engages in any
lascivious conduct. The very title of Sec. 5, Art. Ill
(Child Prostitution and Other Sexual Abuse) of R.A.
No. 7610 shows that it applies not only to a child
subjected to prostitution but also to a child subjected
to other sexual abuse. A child is deemed subjected
to "other sexual abuse" when he or she indulges in
lascivious conduct under the coercion or influence of
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SPECIAL PENAL LAWS
Criminal Law
any adult (Roaf/os v. People, G.R. No. 198389,
December 11, 2013).
NOTE: Violation of Sec. 5(b) and rape are separate
and distinct crimes. They have different elements.
Thus, .an accused may be held liable for violation of
Sec. 5(b) despite a finding that he did not commit
rape (Matto v. People, G.R. No. 164733, September
21, 2007).
PERSONS LIABLE (Sec. 5): (PSP)
1. Those who engage in or fromote, facilitate or
induce child prostitution which include, but are
not limited to, the following:
a. Acting as a procurer of a child prostitute;
b. Taking advantage of influence or
relationship to procure a child as a
prostitute;
c. Threatening or using violence _towards a
child to engage him as a prostitute;'
d. Inducing a person to be a client of a child
prostitute by · means of written or oral
e. : ..Giving monetary consideration, goods or
other pecuniary benefit to a child with the
:jntent to engage such child in prostitution;
2. Those who commit the act of §.exual intercourse
or lascivious dondl,Jctwith a child exploited in
prostitution or.subjected to other sexual abuse;
and
3. Those who derlvefrofit or advantage therefrom,
whether as manager or owner of the
establi_shmentwhere the prostitution takes place
or of the ,sauna, disco, bar, resort, place of
entertainment OL establishment serving as a
cover or which engages in prostitution in addition
to the activity -for which the licens·e has been
. issued to said establishment.
a
-'rt·266, aS amended by R.A. 8353, prevails over
R.A. 761 0 in cases where a minor is raped
through sexual intercourse and not Sec. 5, Par. b
of R.A. No. 7610
Under Sec. 5(b), Art. 3 of R.A. No. 7610 in relation
to R.A. No. 8353, if the· victim of sexual abuse is
below 12 years of age, the offender should not be
prosecuted for sexual abuse but for statutory rape
under Art. 266-A(1 )(d) of the RPC and penalized with
reclusion perpetua. On the other hand, if the victim
is 12 years or older, the offender should be charged
with either sexual abuse under Sec. 5(b) of R.A. No.
7610 or rape under Art. 266-A (except Par. 1(d)) of
the RPC. However, the-offender cannot be accused
of both crimes for the same act because his right
against double jeopardy will be prejudiced. A person
cannot be subjected twice to criminal liability for a
single criminal act (People v. ·Abay, G.R. No.
177752, February 24, 2009).
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NOTE: In People v. Udang (G.R. No. 210161.
January 10, 2018), the Supreme Court held that
People v. Abay- insofar as it ruled that charging an
. accused with both rape, under Article 266-A( 1) of the
RPC, and sexual abuse, under Section 5(b) of RA
No .. 7610, violates his or her tight against double
jeopardy- must be abandoned. · by law, local custom and tra<;litionor acts in the
R.A. 8353 already accounted for the circumstance of
minority under certain peculiar instances. The
consequence therefore is a clear overlap with
minority as an element of the crime of sexual
intercourse against a minor under Sec. 5 (b) of R.A.
7610 (People v. Ejercito, G.R. No. 229861, July 2,
2018).
Sex with a child per se is not a crime
What is punishable under RA No. 7610 is sexual
abuse with a child. Sexual abuse is more than a
mere sexual intercourse or lascivious conduct with a
child.
The implementing rules and regulations of RA 7610 ·
defines "sexual abuse" as including: the .
employment, use, persuasion, inducement,.
enticement or coercion of a child to engage in, or
assist another person to engage in, sexual
intercourse or lascivious conduct or the molestation,
prostitution, or incest with children (/ CAMPANILLA,
SPL, supra at 71 citing Sec. 2, Par. g of the. Rules
and Regulations on the Reporting and Investigation
of Child Abuse Cases).
OTHER ACTS OF NEGLE(:T, ABUSE,
CRUELTY OR EXPLOITATION AND.
OTHER CONDITIONS PREJUDICIAL TO
THE CHILD'S DEVELOPMENT (Sec. 1P):
(OCKIM-ABC) ..
1. Any person who shall commit any Other acts of
child abuse, cruelty or exploitation or to be ·
responsible for other conditions prejudicial to the
child's development including those covered by
Art. 59 of P.O. No. 603, as amended, but not
covered by the RPC (Par. a);
NO!E: This provision punishes not only those
enumerated under Art. 59 of PD No. 603, but
also four distinct acts: (a) child abuse; (b) Ghild
cruelty; (c) child exploitation, and; (d) being
responsible for conditions. prejudicial to the
child's development (Araneta v. People, .G.R.
No. 174205, June 27, 2008).
2. Any person who shall have in his ~ompany or
Keep a minor, twelve ( 12) 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
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massage parlor, beach and/or other tourist
resort or similar places (Par. b);
NOTE: This provision shall not apply to any
person who is related within the fourth degree of
consanguinity or affinity or any bond recognized
· performance of a social, moral or legal duty.
3. Any person who shall fnduce, deliver or offer a
minor to any one prohibited by this Act to keep
or have in his company a minor twelve (12) 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 (Par. c);
NOTE: Penalty includes the loss of parental
authority over the minor when the perpetrator is
an ascendant, stepparent or guardian of the
minor.
4 .• Any person, owner, Manager or one entrusted
....· with the qperation of any public or private place
1
' ::l;:·bf.;:~~~odation, whether for occupancy,
·food,' drl'rykor otherwise, including residential
woo
places, allows any person to take along with
him to su.ch. place or places any minor herein
described:(P11r.d);
NOTE:P,nalty includes the loss of the license
to~.~ffelplace or establishment.
:···:.:::'·';',)'.>;
,:
An establishn-i'ent shall be deemed to promote or
. Jacilitate child prostitution and other sexual
.ha~Ek child trafficking, obscene publications
andindecent shows, and other acts of abuse if
the acts constituting the same occur in the
premises of said establishment.
An enterprise, such as a sauna, travel agency,
or recruitment agency, is deemed to have
committed the acts penalized if it (PEMS):
a. fromotes the aforementioned acts as part of
a tour for foreign tourists;
b. gxhjbits children in a lewd or indecent show;
c. Provides child Masseurs for adults of the
same or opposite sex and said services
include any lascivious conduct with the
customers; or
d. §.olicits children or activities constituting the
aforementipned acts;
5. Any person who shall use, coerce, force or
intimidate a street child or any other child to:
(ABC)
a. Act as conduit or middlemen in drug
trafficking or pushing;
b. §.eg or use begging as a means of living; or
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SPECIALPENALLAWS
Criminal Law

c. ~onduct any illegal activities (Par. e).
, PENALTIES (Sec. 10)
The penalty for the commission of the crimes of
murder, homicide, other intentional mutilation, and
serious physical injuries shall be reclusion perpetua
when the victim is under twelve (12) years ofage.
The penalty for the commission of the crimes of
qualified seduction, acts of lasciviousness with the
consent of the offended party, corruption of minors,
and white slave trade shall be one (1) degree higher
than that imposed by law when the victim is under
twelve (12) years of age.
gxtreme temperatures, noise levels or
vibrations;
h. §.xposes the child to physical danger or
which requires the manual transport of.
heavyloads;or
i. Qepases, degrades or demeans the intrinsic
worth and dignity of a child as a human
being.
HOURS OF WORK OF A WORKING
CHILD (R.A. No. 9231, Sec. 3, amending
Sec. 12 into Sec. 12-A

NOTE: Notwithstanding that R.A. No. 7610 is a Below Not more than twenty (20) hours a
special law, appellant may enjoy the benefits of the fifteen (15) week;
Indeterminate Sentence Law. Since the penalty years of age Not more than four (4) hours a day.
provided in RA. No. 7610 is taken from the range if
penalties in the RPC, it is covered by the first clause Not allowed to work between 8:00
PM and 6:00 AM of the following
of Sec. 1 of the Indeterminate Sentence Law(People
day
v. Dulay, G.R. No. 193854, September 24, 2012).
. ,

Fifteen (15) Not more than forty (40) hours a

WORST FORMS OF CHILD LABORJSec. years ofqge week;
3, R.A. No. 9i31, amending Sec. f2 into but below .Not more than eight (8) hours a day.
Sec. 12-D): (SPIN) eighteen
(18) - Not allowed to work between 10:00
No child shall be engaged inthe worst forms of child
labor which refer to any of the following: ~M and'6:00 AM the following day
1. All forms of §Javery or practices similar to
slavery; PROHIBITION ON THE EMPLOYMENT
2. Use, procuring or offering of a child for - OF · CHILDREN. . IN CERTAIN
frostitution, for the production of pornography or·
for pornographic perform~nces; · · ADVERTISEMENTS (Sec. 5, R.A. No.
3. Use, procuring or offering of a child for !llegal or · 9231, amending .Sec. 14)
illicit activities; or No. child shall be employed as a model in any
4. Work which, by its Nature or circumstances in adverti.serrient q_jfectly or indirectly promoting
which it is carried out, is hazardous or likety to alcoholic beverages, intoxicating drinks, tobacco
be harmful to the health, safety or morals of· and its byproducts, gambling or any form of violence
children, such that it: (EDU-BE-DE 3 O) or pornography.
a. gxposes the child to physical, emotional or
sexual abuse, or is found to be highly
. stressful psychologically or may prejudice
morals; SAFE SPACES ACT
b. Involves the use of Qangerous machinery,
equipment and tools; ·
REPUBLIC ACT NO. 11313
c. Is performed ,Mnderground,underwater o~at
dangerous heights;
d. Exposes the child to ~iological agents; Approved on: April 17, 2019
e. Involves the manufacture or handling of Effec.tivity Date: August 3, 2009
gxplosives and other pyrotechnic products;
f. Is performed under particularly Qifficult Topics related to: Crimes Against Chastity
conditions; or
g. Is performed in an unhealthy gnvironment
POLICY BEHIND THE LAW (Sec. 2)
exposing the child to hazardous working
conditions, elements, substances, co- · The recognition that "both men and women must
agents or processes involving ionizing, have equality, security and safety not only in private,
radiation, fire, flammable substances, but also on the streets, public spaces, online,
noxious components and the like, or to workplaces and ~ducational and training
institutions." In line with fundamental constitutional

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MEM-0.:RY
AlD ,
San Beda University C$ge of Law - RGCTBar Operations Center
provisions regarding human dignity and human
rights, the Safe Spaces Act expands the conc_eptof
discrimination and protects persons of diverse
sexual orientation, gender identity and/or
expression. It thus recognizes gender-based sexual-
harassment as including, among others,
misogynistic, transphobic, homophobic and sexist
slurs (Escandor v. People, G.R. No. 21'1962, July 6,
2020).
DEFINITION OF TERMS (Sec. 3)
Catcalling
Unwanted remarks directed towards a person,
commonly done in the form of wolf-whistling and
misogynistic, transphobic, homophobic, and sexist
slurs (Par. a).
Gender-based Online Sexual Harassment
a
An online conduct targeted at particular person that
causes or likely to cause another mental, emotional
or· psychological distress, and fear of personal
safety, sexual harassment acts including unwanted
sexual remarks and comments, threats, uploading qr
sharing of one's photos without consent, video and
audio recordings, cyberstalking and online identity ·
theft (Par. e).
Public Spaces
Streets and alleys, public parks, schools, buildings,
malls, bars, restaurants, transportation terminals,
public markets, spaces used as evacuation centers,
government offices, public utility vehicles as well as
private vehicles covered by app-based transport
network services and other recreational spac,essuch
as, but not limited to, cinema halls, theaters and spas
(Par. g). ·
·· : 'p~ic•-~paces Committed by Minors
Stalking
Conduct directed at a person involving the repeated
visual or physical proximity, non-consensual
communication, or a combination thereof that cause
or will likely cause a person to fear for one's own
safety or the safety of.others, or to suffer emotional
distress (Par. h).
NOTE: The Safe Spaces Act addresses four (4)
categories of gender-based sexual harassment:
gender-based streets and public spaces sexual
harassment; gender-based online sexual
harassment; gender-based sexual harassment in.
the workplace; and, gender-based sexual
ha.rassment in educational and training institutions
(Escandor v. People, G.R. No. 211962, July 6,
2020).
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GENDER-BASED STREETS AND
PUBLIC SPACES SEXUAL
HARASSMENT (Art. I)
How Committed
Committed through any unwanted and uninvited
sexual actions or remarks against any person
regardless of the motive for committing such action
or remarks (Sec. 4, Par. 1).
Acts Included
Gender-based streets and public spaces sexual
harassment includes catcalling, wolf-whistling,
unwanted invitations, misogynistic, transphobic,
homophobic and sexist slurs, persistent uninvited
comments or gestures on a person's appearance,
relentless requests for personal details, statement of
sexual comments and suggestions, public
masturbation or flashing of private parts, groping, or
any advances, whether verbal or physical, that is
unwanted and has threatened one's sense of
personal space and physical safety and committed
in public spaces such as alleys, roads, sidewalks
and parks (Sec. 4, Par. 2).
(J~q~r-,Ba~ Sexual Harassment in Public
ps
Utility:V.atef
In addition ta the penalties in this Act, the LTO may
cancel the Jicense of perpetrators found to have
committed acts constituting sexual harassment in
public utility vehicles, and the LTFRB may suspend
or revoke the franchise of transportation operators
who O(;)J'flf"it
gentjeJ;...pased streets and public spaces
sexual harassment acts (Sec. 6).
Gender-Based Sexual Harassment in Streets and
ffiE3EJSWIDshall take necessary disciplinary
measures as provided for under R.A. No. 9344,
otherwise known as the "Juvenile Justice and
Welfare Act of 2006" (Sec. 7).
Implementing Bodies for Gender-Based Sexual
Harassment in Streets and Public Spaces.
The MMDA, the local units of the PNP for other
provinces, and the Women and Children's Protection
Desk (WCPD) of the PNP shall have the authority to
apprehend perpetrators and enforce the law (Sec.
10).
GENDER-BASED ONLINE SEXUAL
HARASSMENT (Art. II)
Acts Included
Gender-based online sexual harassment includes
acts that use information and communications
technology in terrorizing and intimidating victims
through physical, psychological, and emotional
threats, unwanted sexual misogynistic, transphobic,
homophobic and sexist remarks and comments
online whether publicly or through direct and private
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messages, invasion of victim's privacy -through
cyberstalking and incessant messaging, uploading
and sharing without the consent of.the victim, any
form of media that contains photos, voice, or video
with sexual content, any unauthorized recording and
sharing of any of the victim's photos, videos, or any
information online, impersonating identities of
victims online or posting lies about victims to harm
their reputation, or filing, false abuse reports to
online platforms to silence victims.
Implementing Bodies for Gender-Based Online
Sexual Harassment
For gender-based oriline sexual harassment, the
PNP Anti-Cybercrime Group (PNPACG) as the
National Operational Support Unit of the PNP is
primarily responsible for the implementation of
pertinent Philippine laws on cybercrime. The
Cybercrime Investigation and Coordinating Center
(CICC) of the DICT shall also coordinate with ,the
PNPACG to prepare appropriate anc:t ~ective
measures to monitor and penalize g~nder-based
online sexual harassment (Sec. 13).
QUALIFll:D GENDER-BASJ:D ,S,TREETS,
PUBLIC SPACES AND ONLINE: SEXUAL
HARASSMENT (Art. IIQ: (CM1G)
The penalty next higher in degcee will be applied in
the following cases: ·
1. If the act takes place in a. §ommon carrier or
PUV, including, but not limited to, jeepneys,
taxis, tricycles, or app-based transport network
vehicle services, where, the perpetrator. is. the
driver of the vehicle and the offended party is a
passenger;
2. If the offended party is a Mihor, a sen1Qroitiien,
or a person with disability (PWE>J, pr a
breastfeeding mother nursing hen:child;,
3. If the offended party is diagnosed with a Mental
problem tending to impair consent;
4. If the perpetrator is a Member of the uniformed
services, such as the PNP and the Armed
Forces of the Philippines (AFP), and the act was
perpetrated while the perpetrator was in uniform;
and
5. If the act takes place in the premises of a
Government agency offering frontline services to
the public and the perpetrator is a government
employee (Sec. 15).
GENDER-BASED SEXUAL
HARASSMENT IN THE WORKPLACE
(Art. IV): (EDE)
Acts Included:
1. An act or series of acts involving any ynwelcome
sexual advances, requests or demand for sexual
favors or any act of sexual nature, whether done
verbally, physically or through the use of
technology such as text messaging or electronic
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SPECIALPENALLAWS
· Criminal Law
mail or through any other forms of information
and communication systems, that has or could
have a detrimental effect on the conditions of an
individual's 5mployment or· education, job
performance or opportunities;
2. A conduct of sexual nature and other conduct-
based on sex aff.ecting the Qignity of a person, ·.
which is unwelcome, unreasonable, and
offensive to the recipient, whether done verbally,
physically or through the use of technology such
as text messaging or electronic mail or through
any other forms of information and
communication systems; and
3. A conduct thaUs unwelcome and pervasive and
creates an intimidating, hostile or humiliating
snvironment for the recipient (/RR of R.A. No.
11313, Rule VI, Sec. 18).
NOTE: The crime of gender-based sexual
, ha.r;;issmentmay also be committed between peers
~,nd bY,a {)Ubordinateto superior officer (Id.).
Wprkpla¢es i11qude all sites, locations, spaces,
where w,orkJ$ be,ing undertaken by an employee
within or 01,,1tside
\he premises of the usual place of
business ofthe employer (Id.).
GENDER-BASED SEXUAL HARASSMENT IN
· ·
EDUCATIONAL AND TRAINING
INSTITt,ITION (Art..·;VJ '
All scMots, whether · public or private, shall
desigrrafo an officer-dn-fthargeto receive complaints
regarding violations of this Act, and shall ensure that
the victims are provided with a gender-sensitive
environment that is .both respectful to the victims'
needs and conducive to truth-telling.
Every schoof must adopt and publish grievance
proc$.ch.Jrestb facilitate the filing of complaints by
students and faculty members. Even if an individual
does not want to file a complaint of does not request
that the school take any action on behalf of a student
or faculty member and school authorities have
knowledge or reasonably know about a possible or
impending act of gender-based sexual harassment
or sexual violence, the school should promptly
investigate to determine the veracity of such
information or knowledge and the circumstances
under which the act of gender-based sexual
harassment or sexual violence were committed, and
take appropriate steps to resolve the situation. If a
school knows or reasonably should know about acts
of gender-based sexual harassment or sexual
violence being committed that creates a hostile
environment, the school must take immediate action
to eliminate the same acts, prevent their recurrence,
and address their effects.
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MEK-Q~YAID
San Beda Unive<slty College of Law - RGCT Bar Operations Center
Once a perpetrator is found guilty, the educational
institution may reserve the right to strip the diploma
from the perpetrator or issue an expulsion order.
The Committee on Decorum and Investigation
(CODI) of all educational institutions shall address
gender-based sexual harassment and online sexual
harassment in accordance with the rules and
procedures contained in their CODI manual (Sec.
21).
OTHER PROVISIONS
Confidentiality
At any stage of the investigation, prosecution and
trial of an offense under this Act, the rights of the
victim and the accused who is a minor shall be
recognized (Sec. 26r
Exemptions
Acts that are legitimate expressions of indigenous
culture and tradition, as well as breastfeeding in
public shall not be penalized (Sec. 31).
Prescriptive Periods:
1. Offenses committed under Section ll(a) of this
Act shall prescribe in one (1) year;
2. Offenses committed under Section ll(b) of this
Act shall prescribe in three (3) years;
3. Offenses committed under Section H(c) of this
Act shall prescribe in ten (10) years;
4. Offenses ·committed under Section 12 of this Act
shall be imprescriptible; and
5. Offenses committed under Sections 16 and 21
of this Act shall prescribe in five (5) years (Sec.
36).
DATA PRIVACY ACT OF 2012
REPUBLICACTNO.10173
Approved on: August 15, 2012
Effectivity Date: September 8, 2012
Topics reiated to: Crimes Against Personal Liberty
and Security
POLICY OF THE LAW (Sec. 2)
It is the policy of the State to protect the fundamental
human right of privacy, of communication while
ensuring free flow of information to promote
innovation and growth.
Interpretation
Any doubt in the interpretation of any provision of this
Act shall be liberally interpreted in a manner mindful
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of the rights and interests of the individual about
whom personal information is processed (Sec. 38).
DEFINITION OF TERMS (Sec. 3)
Personal information
Refers to 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 (Par. g).
Privileged information
Refers to any and all forms of data which under the
Rules of Court and other pertinent laws constitute
privileged communication (Par. k).
Sensitive personal information
Refers to personal information:
1. About an individual's race, ethnic origin, marital
status, age, color, and religious, philosophical or
political affiliations; '
2. About an individual's health, education, genetic
,:>: 9,_r sexu~ life of a person, or to any proceeding
•. : ?for r;aoy fflense committed or alleged to have
been comtnitted by such person, the disposal of
such proceedings, or the sentence of any court
in sue~ proceedings;
3. Issued by government agencies peculiar to an
individual which includes, but not limited to,
sqc;:i~L.,~ecJtt. p,umbers, previous or current
healtfiiJF . r#:. licenses or its denials,
suspen Orrevocation, and tax returns; and
4. Specifically established by an executive order or
"; .~n act of Congress to be kept classified.
;:;,Jt:\~:>,· ·
:f>:1\t't~
APPLICATION OF THE LAW
$_copeof the Law
Applies to the processing of all types of personal
information and to any natural. and juridical person
involved in personal information processing
including those personal information controllers and
processors who, although not found or established
in the Philippines, use equipment that are located in
the Philippines, or those who maintain an office,
branch or agency in the Philippines subject to the
immediately succeeding paragraph: Provided, That
the requirements of Section 5 are complied with
(Sec. 4).
When Not Applicable:
1. Information about any individual who is or was
an officer or employee of a government
institution that relates to the position or functions
of the individual, including: ·
a. The fact that the individual is or was an
officer or employee of the government
institution;
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b. The- title, business address and office
telephone number of the individual;
c. The classification, salary range and
responsibilities of the position held by the
individual; and
d. The name of the individual on a document
prepared by the individual in the course of
employment with the government;
2. Information about an individual who is or was
performing service under contract for a
government institution that relates to the
services performed, including the terms of the
contract, and the name of the individual given in
the course of the performance of those services;
3. Information relating to any discretionary benefit
of a financial nature such as the granting of a
license or permit given by the government to an
individual, including the name of the individual
and the exact nature of the benefit; · or affiliate of the Philippine·entity has access
4. Personal information processed for journali~tic,
artistic, literary or research purposes;
5. Information necessary in order to carry out the
functions of public authority which t(lc1Ude$the
processing of personal data forthe performance
by the independent, central _monetaryc:1,Uthority
and law enforcement and regulatocy agencies of
their constitutionally and statutorily mandated
functio~; · PUNISHABLE ACTS:
6. Information necessary for banks and other
financial· institutions under the jurisdiction ofthe
independent, central monetary authority or
Bangko Sentral ng Pilipinas _to comply with
Republic Act No. 951O; and Republic Act No.
9160, as amended, otherwise known asJlieAnti-
Money Laundering Act and ot~r applicabie
laws; and .,.
7. Personal information originally collected from
residents of. foreign jurisdiction§. in accordan~~
with the laws of those foreigf'I.ji.Jr[sdicUons, ·
including any applicable data prlvacy la\ws,
which is being processed in the Philippines (Sep.
4).
Protection Afforded to Journalists and Their
Sources
Nothing in this Act shall be construed as to have
amended or repealed the provisions of Republic Act
No. 53, which affords the publishers, editors or duly
accredited reporters of any newspaper, magazine or
periodical of general circulation protection from
being compelled to reveal the source of any news
report or information appearing in said publication
which was related in any confidence to such
publisher, editor, or reporter (Sec. 5).
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SPECIAL PENAL-LAWS
Criminal law
Extraterritorial Application
This Act applies to an act done or practice engaged
in and outside of the Philippines by an entity if:
1. The act, practice or processing relates to
personal information about a Philippine citizen or
a resident; . •
2. The entity has a link with the Philippines, and the
entity is processing personal information in tl]_e
Philippines or even if the processing is outside
the Philippines as long as it is about Philippine
ci.tizens or residents such as, but not limited to,
the following:
a. A contract is entered in the Philippines;
b. A juridical entity unincorporated in the
Philippines but has central management
and control in the country; and
c. An entity that has a branch, agency, office or
·subsidiary in the Philippines ·and the parent
to personal information; and
3. the entity has other finks in the Philippines such
as: buf not limited to:
a. The entity carries on business in the
Philippines; and
b. The personal information was collected or
held by i;ln entity in the Philippines (Sec. 6).
1. Accessing Persona:! Information and Sensitive
Personal lnforr:natiohDue to Negligence;
2. Improper Di$posal ¢if Personal-Information and
Sensitive Perspnal ,Information (Sec. 27);
3. processing of Personal Information and
Sensitive Personal Information for Unauthorized
Pt.Jrpos~s(Sec. 28); _.,,
4. Unauthorized Access or Intentional Breach
(Sec.2f1); _.
_..· .
5. Concealment of Security Breaches Involving
. Sensiti'{e'Personal Information (Sec. 30);
6. Malicious Disclosure (Sec. 31); and
7. Unauthorized Disclosure (Sec. 32).
Extent of Liability
If the offender i& a corporation, partnership or any
juridical person, the penalty shall be imposed upon
the responsible officers, as the case may be, who
participated in, or by their gross negligence, allowed
the commission of the crime. If the offender is a
juridical person, the court may suspend or revoke
any of its rights under this Act. If the offender is an
alien, he or she shall, in. addition to the penalties
herein prescribed, • be deported without further
proceedings after serving the penalties prescribed. If
the offender is a public official or employee and lie or
she is found guilty of acts penalized under Sections
27 and 28 of this Act, he or she shall, in addition to
the penalties prescribed herein, suffer perpetual or
temporary absolute disqualification from office, as
the case may be (Sec. 34).
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.M AlD
Slll'l Beds University College of Law - RGCT 8ar OperationS Center

Large Scale circulation of the names of persons convicted of

The maximum penalty in the scale of penalties offenses punished with reclusion perpetua or life
respectively provided for the preceding offenses imprisonment by reaso,n of this Act who are being
shall be imposed when the personal information of consipered or recommended for commutation or
at least one hundred (100) persons is harmed, pardon.
affected or involved as the result of the above
mentioned actions (Sec. 35). Nothing herein shall limit the power of the President
to grant executive clemency under Sec. 19, Art. VII
Offense Committed by Public Officer. of the Constitution (Sec. 4).
When the offender or the person responsible for the
offense is a public officer as defined in the
Administrative Code of the Philippines in the
exercise of his or her duties, an accessory penalty ACT ESTABLISHING
consisting in the disqualification to' occupy public PRESCRIPTIVE PERIODS
office for a term double the term of criminal penalty
imposed shall he applied (Sec. 36). FOR VIOLATIONS OF
SPECIAL LAWS AND
MUNICIPAL ORDINANCES,
ACT PROHIBITING THE ASAMENDED
. IMPOSITION OF ACTNO.3326
DEATH PENALTY
IN THE PHILIPPINES
REPUBLIC ACT NO. 9346 ~roved 9~; December 4, 1926
i~y\ty;.te: '•• •• f• • < w• ••
December 4, 1926

Topic related to:Extinction of criminal liability

Approved on: June 24, 2006
Effectivity Clause: This Act shall take~.effect Laws on Prescription of Crimes
immediately after its publication in two national Prescriptjon of crimes is governed by:
newspapers of general circulation (R.A. No. 9346, 1. Art. 91 of the RPC for felonies;
Sec. 5). · ·, 2. SJ:iU~:wti.tlf'p-mviae for its own prescription; and
3. Act f\1<'.t
13~28 for special laws which have no

Topics related to: Penalties; Constitutional provision for prescription of violations thereof
provision on the non-imposition of cruel and unusual (BOADO, SPL, supra at 155).
punishment or excessive fines (CONST. Art. Ill, Sec. ,:)'.\{iii.:iJt;,;j
'{/ti
19 (1)). PRESCRIPTION OF VIOLATIONS
PENALIZED BY SPECIAL LAWS (Sec. 1):
In lieu of the death penalty, the following shall be 1. After 1 year
imposed: Offenses punished only by a fine or by
1. Reclusion perpetua imprisonment for not more than one (1) month,
When the law violated makes use of the or both;
nomenclature of the penalties of the Revised
Penal Code. 2. After 4 years
Offenses punished by imprisonment for
2. Life imprisonment more than one (1) month, but less than two (2)
When the law violated does not make use of years;
the nomenclature of the penalties of the Revised
Penal Code (Sec. 2). 3. After 8 years
Offenses punished by imprisonment for two
Persons convicted of offenses punished with (2) years or more, but less than six (6) years;
reclusion perpetua, or whose sentences wilt be
reduced to reclusion perpetua shall NOT be eligible 4. After 12 years
for parole under Act 4180, otherwise known as the Offenses punished by imprisonment for six (6)
Indeterminate Sentence Law, as amended (Sec ..3). years or more;

The Board of Pardons and Parole shall cause the 5. After 20 years
publication at least once a week for three (3) Crime of treason; and
consecutive weeks in a newspaper of general

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6. After 2 months
Violations penalized by municipal
ordinances.
START OF PRESCRIPTION (Sec. 2, Par.
1)
Reckoning Points
Two reckoning points for the counting of the
prescription of an offense:
1. The day of the commission of the violation of the
law; and
2. If the day when the violation was committed be
not known, then it shall begin to run from the
discovery of said violation and the institution of
judicial proceedings for investigation and
punishment (Sec. 2).
Section 2 should be read as prescription shall begin
to run from the day of the commission of the viotation
of the law, and if the same be not known at the time,
from the discovery thereof and until the rMtitution of
judicial proceedings for its investigation and
punishment. Explaining the reason therefor,. this
Court held that a contrary interpretation.woulcfcreate
the absurd situation where "the prescriptio'n period
would both begin and be interrupt~d by the same
occurrence; the' net effect · would be that the
prescription period would nqt have effectiv~ly begun,
having been rendered academic by the.
simultaneous interruption of·· tMt same·-· period"
(PCGG vs. Hon. Ombudsman · Conchita Carpio-
Morales, et. al., G.R. No. 206357, November 12,
2014).
Guidelines on Reckoning Points
An evaluation of the foregoing juri~pruderyce ory the
matter reveals the following gtitdelines ...in the
determination of the reckoning point fOrthe p13rlodof
prescription of violations of R.A. No. 3019, Viz;
1. As a general rule, prescription begins to run from
the date of the commission of the offense.
2. If the date of the commission of the violation is
not known, it shall be counted form the date of
discovery thereof.
3. In determining whether it is the general rule or
the exception that should apply in a particular
case, the availability or suppression of the
information relative to the crime should first be
determined (PCGG vs. Hon: Ombudsman
Conchita Carpio-Morales, et. al., G.R. No.
206357, November 12, 2014).
INTERRUPTION OF PRESCRIPTION
(Sec. 2, Par. 2)
It shall be interrupted when proceedings are
instituted against the guilty party, and shall begin to
run again if the proceedings are dismissed for
reasons not constituting jeopardy.
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·SPECIALPENAL LAWS
Criminal Law
NOTE: The running of the prescription of an offense
punished by a special law is not tolled by the
absence of the offender from Philippine soil. Sec. 2
of Act No. 3226 is conspicuously silent as to whether
the absence of the offender from the Philippines bars
the running of the prescriptive period. The silence of
the law can only be interpreted to mean that Sec. 2
did not intend such an interruption of prescription
unlike the explicit mandate of Art. 91 (Romualdez v.
Marcelo, G.R. No. 165510-33, July 28, 2006).
ANTI-PIRACY AND
ANTI-HIGHWAY ROBBERY
LAWOF1974
PRESIDENTIAL DECREE
NO. 532
,l'
Approv&q: Augusta, 1974
Effectivity' Oate:"August8, 1974
Topic related to: Crimes Against National Security
and the Law of Nations .
DEFINITION OF TERMS (Sec. 2)
• Philippine Waters
It shall refer to all
bodies of water, such· as but not
limited ·to, seas, gulfs; bays around, between and
connecting each of ,the Islands of the Philippine
Arcfiipelago, irrespective of its depth, breadth, length
or dimension, and all other waters belonging to the
Philippines· by historic or legal title, including
lerritorial sea, the sea-bed, the insular shelves, and
other submarine areas over which the Philippines
has sovereignty or jurisdiction (Pa:r. a).
From this definition, it is clear that a river is
considered part of Philippine waters (People v.Dela
Pena, GR. No. 219581, January 31, 2018).
Vessel
It is any vessel or watercraft used for transport of
passengers and cargo from one place to another
through Philippine Waters. It shall include all kinds
and types of vessels or boats used in fishing (Par.
b).
Philippine Highway
It refers to any road, street, passage, highway and
bridges or other p9 rts thereof, or railway or railroad
within the Philippines used by persons, or vehicles,
or locomotives or trains for the movement or
· circulation of persons or transportation of goods,
articles, or property or both (Par. c).
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SW '- 1

MEK-Q~Y AID
San Seda Unlveraity College of Law - RGCT Bar Operations Center

Presumption
PUNISHABLE ACTS: Any person who does any'ofthe acts provided herein
1. Piracy has performed them knowingly, unless the contrary
Piracy is committed through: (AT-VIP) is proven.
a. Any attack upon or seizure of any vessel, or
!aking away of the whole or part thereof or PIRACY UNDER THE RPC AND PIRACY
its cargo, equipment, or the persona1 UNDER P.O. NO. 532, DISTINGUISHED
belongings of its complement or
PIRAC\V't:JNOERTHE PIRAC\V't:JNOER
passengers, irrespective of the value
RPO P.O. NO. 532
thereof;
b. By means of~iolence against or intimidation May be committed May only be committed
of persons or force upon things; whether in Philippines in Philippine waters.
c. Committed by any person, !ncluding a or in the high seas.
passenger or member ofthe complement of
said vessel;and Does not punish the Passengers or crew
d. In f.hilippine waters (Sec. 2, Par. d). passengers or crew members are also
members of the ship. punishable.
2. Highway Robbery/Brigandage
Highway · Robbery/Brigandage is committed
through: (ST-VAP)
a. §eizure of any person for ransom, extortion
or other unlawful purposes, or the !aking ANTI- HIJACKING LAW
away of the-property of another; REPUBLIC ACT NO. 6235
b. By means of ~iolence against or intimidation·
of person or force upon things of other <·.;·s=
unlawful means; ·:=·.;,

c. Committed by Any person; and - Aj:)prov~d o~;.June 19, 1971

d. On any f.hilippine Highway (Sec. 2, Par. e).
NOTE: P.O. No. 532 punishes as highway robbery
or brigandage only acts of robbery perpetrated by
outlaws indiscriminately agai{l~t any person or
persons on Philippine highways as defined therein,
and not acts of robbery committed 1;1gaJnstonlya
predetermined or particular victim. Hence, the mere
fact that the offense charged was committed on a
highway should not be the determinant 'for the
application of P.O. No. 532 (People v. Guevarra,
G.R. No. 97471, February 17, 1993). · the preceding section (R.A. No. 6235, Sec.11).
Effectivity Clause: The Civil Aeronautics
Administra\ib!1 l~ hereby directed to promulgate
within on~ mqnth after the approval of this Act such
regulatiorfs as arEt provided in Section four hereof
and G.€!,ll~~ .. ttJJLJJlPJication of such rules and
regulatleJJ$:!:,J,t.8' Official Gazette and in a
newspape'f"''of•natlonalcirculation for at least once a
week for three consecutive weeks. Such regulations
.. ns!l~ttake effect fifteen days after publication in the
· '··;Qft,iei;tf';~a<:ette(R.A. No. 6235, Sec.10). This Act
shall take effect after the publication mentioned in

The number of perpetrators is no longer an essential
element of the crime of brigandage as defined by
P.O. No. 532 (People v. Mendoza, G.R. No. 104461,
February 23, 1996).
I a. ~ompel the pilot of an aircraft of Philippine
ACCOMPLICE (Sec. 4): (A3)
Any person who:
1. Knowingly Aids or protects pirates or highway
robbers/brigands, such as giving them
information about the movement of police or
other peace officers of the government;
2. Acquires or receives property taken by such
pirates or brigands or in any manner derives any
benefit therefrom; or
3. Directly or indirectly Abets the commission of
piracy or highway robbery or brigandage.
Topic related to: Crimes Against National Security
PUNISHABLE ACTS:
1. It shall be unlawful for any person to: (0 2S 2)
registry to change course or destination;
b. fompel an aircraft of foreign registry to land
in Philippine territory;
c. §eize or usurp the control thereof, while it is
in flight; and
NOTE: An aircraft is in flight from the
moment all its external doors are closed
following embarkation until any of such
doors is opened for dis~mbarkation.
When Aircraft Considered in Flight
An aircraft is "in flight" when all its exterior
doors are closed following embarkation until
any of such doors is opened for

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disembarkation althoug~ it has not moved
away (BOADO, SPL, supra at 631).
d. Seize or usurp the control thereof while it is
within the said territory (Sec. 1).
NOTE: A higher penalty is imposed if any of
the foregoing acts is committed under any of
the following qualifying circumstances (Sec.
2): (FEA)
1. Whenever he has fired upon the pilot,
member of the crew or passenger of the
aircraft;
2. Whenever he has 5.xploded or
attempted to explode any bomb or
explosive to destroy the aircraft; and
3. Whenever the crime is Accompanied by
murder, homicide, serious physical
injuries or rape.
2. It shall be unlawful for any person, _natural or
juridical, to ship, load or carry in any passenger
aircraft operating as a public. utility within the
Philippines, and.explosive, flammable, corrosive
or poisonous subst.ance or material (Sec. 3):
DEFINITION OF TERMS (Sec. 5)
Explosive
any substance, either solid or Uquid;mixture or single
compound, wh.ich by chemical reaction liberates
heat and gas at high speed,and causes tremendous
pressure resulting in explosion. The term shall
include but not limited to dynamites, firecrackers,
blasting caps, black powders, bursters, percussions.
cartridges and other explosive materials, except -
bullets for firearm (Par. 1).
Flammable
any substance or material that is highly combustible
and self-igniting by chemical reaction and. shall
include but not limited to acrolein, allene, aluminum
dvethyl monochloride, and other aluminum
compounds, · ammonium . chlorate and other
ammonium mixtures and other similar substances or
materials (Par. 2).
Corrosive
any substance or material, either liquid, solid or
gaseous, which through chemical reaction wears
away, impairs or consumes any object. It shall
include but not limited to alkaline battery fluid packed
with empty storage battery, allyl chloroformate,
allytrichlorosilane, ammonium dinitro-orthocresolate
and other similar materials and substances (Par. 3).
Poisonous .
any substance or materials, except medicinal drug,
either liquid, solid or gaseous, which through
chemical reactions kills, injuries or impairs a living
organism or person, and shall include but not limfted
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SPECIAL PENAL LAWS
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to allyl isothiocyanate, ammunition (chemical, non-
explosive but containing Class A, B or poison),
aniline oil, arsine, bromobenzyle cyanide,
bromoacetone and other similar substances or
materials (Par. 4).
WHEN DEATH OR INJURY TO PERSONS
OR DAMAGE TO PROPERTY OCCURS
For any death or injury to persons or damage to
property resulting from a violation of Sections three
and four hereof, the person responsible therefor may
be held liable in accordance with the applicable
provisions of the Revised Penal Code (Sec. 7).
AUTHORITY TO OPEN SUSPICIOUS
PACKAGES AND CARGOES
Aircraft companies which operate as public utilities
or operators of aircraft which are for hire are
authorized to open and investigate suspicious
p,ackages.and cargoes in the presence·of the owner
or. shipper, or his authorized representatives if
present; in· o(der to help the authorities in the
enforcement.of the, provisions of this Act: Provided,
That if the owner, . shipper or his representative
refuses to have the same opened and inspected, the
airline or air ,.carrier js authorized to refuse the
loading thereof{Sec. Bl
CONDITIONS ON tlCKETS
Every tic;ket)ssued to a passenger by the airline or
air carrier concemec:fsnall contain among others the
following condition printed thereon: "Holder hereof
and his hafld~carried luggage(s) are subject to
search for, and seiture of, prohibited materials or
substances. Holder refusing to be searched shall not
be allowed. to cboard the aircraft," which shall
constitute a part of the contract between the
passenger and the air carrier (Sec. 9). ·
PHILIPPINE ACT ON
CRIMES AGAINST
INTERNATIONAL
HUMANITARIAN LAW,
GENOCIDE, AND OTHER
CRIMES AGAINST .
HUMANITY
REPUBLIC ACT NO. 9851
Approved on: December 11, 2009
Effectivity Date: March 16, 2010
Topic related to: Crimes Against the Law of Nations
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M·EM-Q~Y
AID
San Seda UniversityCollege orlaw - RGCT8111"
Operations Center
DEFINITION OF TERMS (Sec. 3)
Apartheid
It refers to inhumane acts committed in the context
of an institutionalized regime of systematic
oppression and domination by one racial group or
groups and committed with the intention of
maintaining that regime (Par. a).
Arbitrary Deportation or Forcible Transfer of
Population
It is the forced displacement of the persons
concerned by expulsion or other coercive acts from
the area in which they are lawfully present, without
grounds permitted under domestic or international
law (Par. b}. · person subject of the amparo petitio~; and
Armed Conflict
It is any use of force or armed violence between
States or a protracted armed violence between
governmental authorities and organized armed
groups or between such groups within a State:
Proyided, That such force or armed violence gives
rise, or may give rise, to a situation to which the
Geneva Conventions of 12 August 1949, including
their common Art. 3, apply. Armed conflict maybe
international, that is, between two (2) or more States,
including belligerent occupation; or non-
international, that is, between governmental·
authorities and organized armed groups or between
such groups within a State. It does not cover internal
disturbances or tensions such as riots, isolated and
sporadic acts of violence or other acts of a similar
nature (Par. c). ·
Armed Forces . ..
It refers to all organized armed forces, groups and
units that belong to a party to an armed conflict which
are under a command responsible to that party for
the conduct of its subordinates. Such armed forces
shall be subject to an internal disciplinary system
which enforces compliance with International
Humanitarian Law (IHL) (Par. d).
Enforced or lnvoluntai:y Disappearance of
Persons
It refers to the arrest, detention, or abduction of
persons by, or with the authorization, support or
acquiescence of, a State or a political organization
followed by a refusal to acknowledge that
deprivation of freedom or to give information on the
fate or whereabouts of those persons, with the
intention of removing them from the protection of the
law for a prolonged period of time (Par. g),
NOTE: In Navia v. Pardico, this Court clarified that
with the enactment of R. A. No. 9851, the Rule on
the Writ of Amparo is now a procedural law
anchored, not only on the constitutional right t<;>life,
liberty, and security, but-also on a concrete statutory
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definition of "enforced or involuntary disappearance"
(Callo v. Commissioner of Bureau of Immigration, et.
al., G.R. No. 230324, September 19, 2017).
Further, elements constituting enforced
disappearance as defined under R.A. No. 9851 were
clearly la_iddown by this Court, viz:
1. Th~t there be an arrest, detention, abduction or
any form of deprivation of liberty;
2. That it be carried out by, or with the
authorization, support or acquiescence of, the
State or a political organization;
3. That it be followed by the State or political
organization's refusal to acknowledge or give
information on the fate or whereabouts of the
4. That the intention for such refusal is to remove
subject person from the protection of the law for
a prolonged period of time (Callo v.
Commissioner of Bureau of Immigration, et. al.,
G.R. No. 230324, September 19, 2017).
Enslavement
··· •. It is the exercise of any or all of the powers attaching
to the right of ownership over a person and includes
··· ~~er_<;i~~'()f,su~h
power in the course of trafficking
in persons; m particular women and children (Par. h).
Extermination
It is the international infliction of conditions of life,
inter alia; the deprivation. of access to food and
medicine, calc~lated to bring about the destruction
a
of pa:tl-~fc'a;~Jion
,. ···,:~.. ' <._.,_J;_'.·
·; :' :>_.
(Par. i).
Hors de combat
, . Ap~rson who: (ASI)
,:f 1J}:l~i_r.,_thepower of an Adverse party;
· 2: ··Hasclearly expressed an intention to Surrender·'
-
or
3. Has been rendered unconscious or otherwise
incapacitated by wounds or sickness and
therefore is !ncapable of defending
himself/herself (Par. k).
NOTE: In any of these cases, the person abstains
from any hostile act and does not attempt to escape.
Non-defended Locality
It refers to a locality that fulfills the following
conditions: (EHA2 )
1. All combatants, as well as mobile weapons and
mobile military equipment, must have been
.s,vacuated;
2. · No t1.ostile use of fixed military installations or
- establishments must have been made·
3. No Acts of hostility must have been ~ommitted
by the authorities or by the population; and
4. No Activities in support of military operations,
must have been undertaken (Par. m).
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No quarter will be given
It means refusing to spare the life of anybody, even
of persons manifestly unable to defend themselves
or who clearly express their intention to surrender
(Par. n).
Perfidy , suffering,
It refers to, acts which invite the confidence of an
adversary to lead him/her to believe he/she is
entitled to, or is obliged to accord protection under
the rules of International Humanitarian Law, with the
intent to betray that confidence, including but not
limited to: (NSICP)
1. Feigning an intent to f!egotiate under a flag of
truce; · 1. War Crimes (Sec. 4)
2. Feigning §.urrender;
3. Feigning !ncapacitation by wounds or sickness;
4. Feigning fivilian or noncombatant status; and
5. Feigning frotective status by use of signs,
emblems or uniforms of the United Nations or of
a neutral or other State not party to the cpnflict
(Par. o). · . d., E'<t~_nsivedestruction and appropriation of
Persecution
It is the intentional and severe 'depr_ivation of
fundamental rights contrary to intetnatlonai law by
reason of identity of the group.or collectivity (Par. p).
Protected Person in an Armed Conflict ,
It means: (WPC-SMR) . _ .
1. A person Wounded, sick or shipwrecked,
whether civilian or military; · ·
2. A frisoner of war or any per,;on ·depdved of
liberty for reasons related to· an armed conflict'
3. A fivilian or any person not taking a direct p~rt
or having cea$ed to take part in the-hostilities in ·
the power of the adverse part~; · 2.
4. A person who, before the beginning ofhostUitieS, ·
was considered a §.tateless person or refugee
under the relevant international Instruments
accepted by the parties to the conflict concerned
or under the national legislation of the state of
refuge or state of residence;
5. A member of the Medical personnel _assigned
exclusively to medical purposes or to the
administration of medical -units or to .the
operation of or administration of medical
transports; or
6. A member of the ,Beligious personnel who is
exclusively engaged in the work of their ministry
and attached to the armed forces of a party to
the conflict, its medical units or medical
transports, or non-denominational
noncombatant military personnel carrying out
functions similar to religious personnel (Par. q).
Superior·
He/She is either: (CS)
1. A military fommander or a person effectively
acting as a military commander; or
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SPECIAL PENAL LAWS
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'
2. Any other §.uperior, in as much as the crimes
arose from activities within the effective authority
and control of that superior (Par. r).
Torture
It is the intentional infliction of severe pain or
whether physical, mental, or
psychological, upon a person in the custody or under
the control of the accused; except that torture shall
not include pain or suffering arising only from,
inherent in or incidental to, lawful sanctions (Par. s).
PUNISHABLE ACTS:
These include among others:
a. Willful killing;
b. Torture or inhuman treatment, including
biological experiments; , ·
c. Willfully causing great suffering, or serious
injury to body or health;
property not justified by military necessity
and carrte_dout unlawfully and wantonly;
e. Willf\,rlly depriving a prisoner of war or other
protected· person of the rights of fair and
regul11irtrial; ·
f. Arbitrary deportation or forcible transfer of
population or uhlawful confinement·
g. taking ofhostages; '
h. Compel~ng a ·prisoner of war or other
protectea person to serve in the forces of a
hostile power; and
i. . Unjustifiable · delay in the repatriation of
prisoners of war or other protected persons.
Genocide (Ser;. 5)
~-· Any of the following acts with _intent to
·de~trq,y, in whole or in part, a national,
ett:inlc, .racial, religious, social or any other
-·similar stable and permanent group as such:
i. Killing members of the group;
ii. C~using serious bodily or mental harm
to members of the group;
iii. Deliberately inflicting on the group
conditions of life calculated to bring
about its physical destruction in whole or
in part;
iv. Imposing measures intended to prevent
births within the group; and
v. Forcibly transferring children of the
_ group to another group.
b. It shall be unlawful for any person to directly
and publicly · incite others to commit
genocide.
3. Other Crimes Against Humanity (Sec. 6)
Any of the following acts when committed as part
of a widespread or systematic attack directed
against any civilian population, with knowledge·
of the attack: (OA-WAIT-PRE 3 )
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MEM:Q~YAID
San Beda UniversityCollege of Law - RGCTBar Operations Center

a. Other inhumane acts of a similar character 1. The accused is a Filipino citizen; -

intentionally causing great suffering, or 2. The accused, regardless of citizenship or
serious injury to body or to mental or residence, is present in the Philippines; or
physical health; 3. The accused has committed the said crime
b. Arbitrary deportation or forcible transfer of against a Filipino citizen (Par. 1).
population;
C. Willful Killing; Extradition to International Court
• d. Apartheid; Jn the interest of justice, the relevant Philippine
e. !mprisonment or other severe deprivation of authorities may dispense with the investigation or
physical liberty in violation of fundamental prosecution of a crime punishable under this Act if
rules of International law; ' another court or international tribunal is already
f. Iorture; conducting th.e investigation or undertaking the
g. fersecution against any identifiable group prosecution of such crime. Instead, the authorities
or collectivity on political, racial, national, may surrend~r or extradite suspected or accused
ethnic, cultural, religious, gender, sexual persons in the Philippines to the appropriate
orientation or other grounds that are international court, if any, or to another State
universally recognized as impermissible pursuant to the applicable extradition laws and
under international law, in connection with treaties (Par. 2).
any act referred to this paragraph or any
crime defined in this Act; Foreign Nationals Tried Outside the Philippines
h. Rape, sexual slavery, enforced prostitution, No criminal proceedings shall be initiated against
forced pregnancy, enforced sterilization, or foreign nationals suspected or accused of having.
any other form of sexual violence o( · committed the crimes defined, and penalized in this
comparable gravity; Act if they have been tried -by a competent court
i. .5.nslavement; qyt~ide the: Philippines in respect of the same
j. .5.xtermination; and off~$i1;an(f;J;lcquitted, or having been convicted,
k. .5.nforced or involuntary disappearance of already seNei;t. their sentence (Par. 3).
persons.

Non-Prescriptfon
The crimes defined and penalized Under this Act, ANTI-ALIAS LAW
their prosecution, and the execution of sentences
imposed on their account, shall not be subjeqt to any
CO~Q:NWEALTH ACT
';\ t ... ·'' . 'NO. 142,
prescription (Sec. 11).
AS AMENDED BY
Orders from a Superior (Sec. 12)
The fact that a crime defined and penalized under REPUBLIC ACT NO. 6085
this Act has been committed by a person pursuantto
an order of a government or a superior, whether
military or civilian, shall not relieve that person of
Approved on: August 4, 1969
criminal responsibility unless all of the following Effectivity Date: August 4, 1969
elements occur:
1. The person was under a legal obligation to obey
Topics related to: Crimes Against Public Interest;
orders of the government or the superior in
Art. 178 Using Fictitious Name and Concealing True
question;
Name
2. The person did not know that the order was
unlawful; and
An alias is a name or names used or intended to be
3. The order was not manifestly unlawful.
used by a person publicly and habitually usually in
business transactions in addition to his real name by
For the purposes of this section, orders to commit
which he is registered at birth or baptized the first
genocide or other ._crimes against humanity are
time or substitute name authorized by competent
manifestly unlawful.
authority (Limson v. Gonzales, G.R. No. 162205,
March 31, 2014).
JURISDICTION (Sec. 17)
Extra-Territoriality GENERAL RULE (Sec. 1)
The State shall exercise jurisdiction over persons,
No person shall use any name different from the one
whether military or civilian, suspected or accused of
with which:
a crime defined and penalized in this Act, regardless
1. He was registered at birth in the office of the
of where the crime is committed, provided, any one
local civil registry; or
of the following conditions is met:

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2. He was baptized for the first time; or
3. In case of an alien, with which:
a. He was registered in the Bureau of
Immigration upon entry; or
b. Such substitute name as may have been
authorized by a competent court.
NOTE: Persons, whose births have not been
registered in any local civil registry and who have not
been baptized, have one year from the approval of
this iact within which to register their names in the
1
civil regjstry of their residence. The name shall
comprise the ·patronymic name and one or two
surnames (Sec. 1).
EXCEPTIONS:
1. As a pseudonym solely for literary, cinema,
television, radio or other entertainment purposes
and in athletic events where the use of
pseudonym is a normally accepted praottce
(Sec. 1); ·
2. When the use of the second name or alii::tsis
judicially authorized and duly recorded ;in the
proper local civil registry;
3. The use of a fictitious name or a different name
belonging to a single person in a single instance
without any sign or jndication that the user
intends to be known by this name in addition to
his real name from that dayforth (Ursua v. Court
of Appeals, G.R. No. 1{2170, April _10,1996).
NOTE: The repeated use of an .alias within a single
day cannot be deemed habitual as it does not
amount to customary practice or use (People v.
Estrada, G.R. Nos. 164368-69, April 2; 2009).
a
The rule in libel - that mere commt,tnication tQ third
person is publicity - does not apply in violations .of
R.A. No. 6085. The required publicity in the use of
alias is more than a mere communication to a third
person. The use of alias, to be considered pub1ic,
must be made openly, or in an open manner or
place, or to cause it to become generally known. To
be liable, the user of the alias must have held himself
out as a person who shall publicly be known under
that other name. In other words, the intent to publicly
use the alias must be manifest (People v. Estrada,
G.R. Nos. 164368-69, April 2, 2009).
APPLICATION FOR USE OF ALIAS
(Sec. 2) · and/or alias or aliases (Sec. 4).
Any person desiring to use an alias shall apply for
authority therefor in proceedings like those legally
provided to obtain judicial authority for a change of
name.
The petition for an alias shall set forth the:
1. Person's baptismal and family name;
2. The name recorded in the ciyil registry; if
different;
3. His immigrant's name, if an alien;
4. His pseudonym, if he has such names other than
his original or real name; and
5. Specify the reason or reasons for the use of the
desired alias.
RECORD IN THE CIVIL REGISTRY
(Sec. 2)
The judicial authority for the use of alias the Christian
name and the alien immigrant's name shall be
recorded in the proper local civil registry.
NOTE: No person shall use any name or names
other than his original or real name unless the same
is or are duly recorded in the proper local civil
registry.
..OTHERPUNISHABLE ACTS (Sec. 3):
No person> .
1. Having been baptized with a name different from
thatwith which he was registered at birth in the
locat civil registry;
2. ln case of analien, registered. in the bureau of
immigration upon entry;
3. Any person. who obtained judicial authority to
use an alias; cir · ·
4. Who uses a pseudonym shall represent himself
in any public.or·private transaction or sh~ll sign
or execute any public or private document
without stating or affixing his real or original
name and all names or aliases or pseudonym he
is or ..may have been authorized to use.
Penalty ($ec, 5)
Any violatron of this Act shall be punished with
imprisonment of from 1 year to 5 years and a fine of
PS,000 to P10,000.
Prohibition to use other name or names and/or
alias or aliases
Six months from the approval of this act and subject
to the provisions of Sec. 1 hereof, all. persons who
have used any name and/or names and alias or
aliases different from those authorized in Sec. 1 of
this act and duly recorded in the local civil registry,
shalt be prohibited to use such other name or names

NOTE: No person shall be allowed to .secure such

judicial authority for more than one alias (Sec. 2).

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ANTI-GAMBLING ACT
PRESIDENTIAL DECREE
NO. 1602,
AS AMENDED BY
REPUBLIC ACT NO. 9287
Approved on:
P.D. No. 1602 - June 11, 1978
R.A. No. 9287 - April 2, 2004
Effectivity Clause:
This Act shall take effect after fifteen ( 15) days after
its publication in at least two (2) national newspapers
of general circulation (R.A. No. 9287, Sec. 16).
Topic related to: Crimes Against Public Morals
GAMBLING (Sec. 1)
It is any game or scheme, whether upon chance or
skill, wherein wagers consisting of money, articles. of
value or representative of value are at stake or made
(REYES, Book Two, supra at 420).
Gambling is defined 8$ "making a bet" or "a play for
value against an uncertain event in hope of gaining
something of value" (PAGCOR v. PEJI, G.R. No.
177333, April 24, 2009).
Gambling is committed by: (TaP3- GoM&S)
1. Any person Taking part, directly or indirectly in
any illegal or unauthorized activities or games of
cockfighting, jueteng, jai a/ai or horse racing to
include bookie operations and game fixing,
numbers, bingo, and other forms pf lotteries;
cara y cruz, pompiang and the like; 7-11 and any
game using dice; black jack, lucky nine, f>oker
and its derivatives, monte, baccarat, cuajo,
pangguigue and other card games; paik que,
high and low, mahjong, domino, and other
games using plastic tiles and the like; 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 or scheme, whether
upo.n chance or skill, wherein wagers consisting
of money, articles of value or representative of
value are at stake or made; · NOTE: Proof that the game took place or is about to
2. Any° person knowingly fermitting any form of
gambling previously enumerated to be carried
on in an inhabited or uninhabited place or in any
building, vessel or other means of transportation
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owned or controlled by him (P.O. No. 1602, Sec.
2);
ELEMENTS: (GOK)
a. Gambling game was carried on in an
inhabited or. uninhabited place or in any
building, vessel, or other means of
transportation;
b. The place, building, vessel, or other means
of transportation is Owned or controlled by
the offender; and
c. The offender permitted the carrying on of
such game, !5.nowing that it is a gambling
game.
3. Any person knowingly fermitting any form of
gambling to be carried on in a place which has a
reputation of a gambling place _or where
prohibited gambling is frequently carried on
therein, or in a public or government building or.
barangay hall;
4. Any person who knowingly and without lawful
purpose in any hour of any day, fossesses any
lottery list, paper or other matter containing·
_ letters, figures, signs or symbols pertaining to or
····•:;1~_n
.•iflY-~nner used in the games of jueteng, jai
afaf, or"'."hgrseracing bookies and similar games
of lotterie$ a,nd numbers which have taken place
· or about to take place;
5. A Government official who is a maintainer,
cond1ictof or banker of the gambling schemes,
or the pl~er, ·promoter, referee, umpire, judge
or'c<>~hJi ·-·_:of game fixing, point shaving
and bther fnations;
6. The Maintainer or conductor of the above
....gambling schemes;
Nh!ilritainer is the person who sets up and
furnishes the means with which to carry on the
gambling gam~ or scheme.
Conductor is the person who manages or
carries on the gambling game or scheme.
7. Any §.arangay official who, with knowledge of
the existence of the gambling house or place in
his jurisdiction fails to abate the same or take
action in connection therewith; or
8. Any §.ecurity 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.-
take place is not necessary (Encarnacion v. People,
G.R. No. 48227, September 9, 1942).
A person present in a gambling house as an
onlooker at a prohibited game cannot be punished
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under Art. 343 of the Penal Code. (U.S. v. Palma,
G.R. No. 2188, May 5, 1905).
LOTTERY
It is a scheme for the distribution of prizes by chance
among persons who have paid, or agreed to pay, a
valuable consideration for the chance to obtain a
prize (U.S. v. Fi/art, G.R. No. L-10263, May 13,
1915).
ELEMENTS:
1. Consideration;
2. Chance; and
3. . Prize or some advantage or inequality in amount
or value which is in the nature of a prize.
NOTE: There is no lottery when there is full value for
money and the prize is merely incidental (REYES,
Book Two, supra at 428).
INFORMER'S REWARD (Sec. 2, P.O. No.
1602, as amended by Sec. 1~, R.A~ No.
9287)
Any person who snall disclose information that will
lead to the arrest and final convic'Uon .of' the
malefactor shall be rewarded · 20'% ·of the cash
money or articles of value confiscated or forfeited in
favor of the government.
AN ACT DECRIMINALIZING
VAGRANCY
REPUBLIC ACT N0.·10158
Approved on: March 27, 2012
Effectivity Clause: This Act shall take effect fi(teen
( 15) days after its publication in the Official Gazette
or in at least two (2) newspapers of general
circulation (R.A. No. 10158, Sec. 5).
Topic related to: Crimes Against Public Morals
DECRIMINALIZATION OF VAGRANCY
Art. 202 of the RPC is hereby, amended to read
as follows:
"Article 202. Prostitutes; Penalty. - For the purposes
of this article, women who, for money or profit,
habitually indulge in sexual intercourse or lascivious
conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses
covered by this article shall be punished by arresto
menor or a fine not exceeding 200 pesos, and in
case of recidivism, by arresto mayor in its medium
period to prision correccional in its minimum period
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SPECIAL PENAL LAWS
Criminal Law
or a fine ranging from 200 to 2,000 pesos, or both, in
the discretion of the court (Sec. 1)."
EFFECTS OF DECRIMINALIZATION:
1. All pending cases under the provisions of Art.
202 of the RPC on vagrancy prior to its
amendment by this Act shall be dismissed upon
effectivity of this Act (Sec. 2); and · ·
2. All persons serving sentence for violation of the
provisions of Art. 202 of the RPC on vagrancy
prior to its amendment by this Act shall be
immediately released ·upon effectivity of this Act:
Provided, that they are not serving sentence or
detained for any other offense or felony (Sec. 3).
AN ACT DECLARING
FORFEITURE IN FAVOR OF
THE STATE ANY PROPERTY
FOUND TO HAVE BEEN
UNLAWFULLY ACQUIRED
' BY.ANY PUBLIC OFFICER
OR EMPLOYEE AND
PROVIDING FOR THE
PROCEEDINGS THEREFOR
REPUBLIC ACT NO. 1379
Approved on: June r8, 1955
Effectivity Pate: June 18, 1955
Topic related to: Crimes Committed by Public
Officers
DfF,INITION OF TERMS (Sec. 1)
Public Officer or Employee
1. Any person holding any public office or
employment by virtue of an appointment,
election or contract; and
2. Any person holding any office or employment, by
appointment or contract, in any State owned or
controlled corporation or enterprise.
Other Legitimately Acquired Property
It is any real or personal property, money or
securities which the respondent has at any time
acquired by inheritance and the income thereof, or
by gift inter vivos before his becoming a public officer
or employee, or any property (or income thereof)
already pertaining to him when he qualified for public
office or employment, or the fruits and income of the
exclusive property of the respondent's spouse. It
shall not include:
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1. Property unlawfully acquired by the respondent,
but its ownership is concealed by its being
recorded in the name of, or held by, the
respondent's spouse, ascendants, descendants,
relatives, or any other person;
2. Property unlawfully acquired by the respondent,
but transferred by him to another person or
persons on or after the effectivity of this Act; and
3. Property donated to the respondent during his
incumbency, unless he can prove to the
satisfaction of the court that the donation is
lawful.
PUNISHABLE ACT~ (Sec. 12):
1. Transfer or conveyance of any unlawfully
acquired property by any public officer or
employee; or
2. Knowingly accepting such transfer or
conveyance by any person.
ELEMENTS TO ESTABLISH PRIMA FACIE
PRESUMPTION OF UNLAWFUL ACQUISITION .
OF PROPERTY: (PAM) - ,.. State.
1. Offender is a fublic officer or employee;
2. He must have Acquired a considerable amount
of money or property during his incumbency;
and
3. Said amount is Manifestly out of proportion to his
salary as such public officer or employee and to
his other lawful income and ...Income from
legitimately acquired property (Marcos, Jr. v.
Republic of the Philippines,. G. R. No.· .189434,
April 25, 2012). .
FILING OF PETITION (Sec. 2} "
1. A complaint is filed by any taxpayer to the city or
provincial fiscal.
2. The fiscal shall conduct a previous inquiry
similar. to preliminary investigations ·criminal
cases and shall certify to the Solicitor General
that there is reasonable ground to believe that
there has been committed a violation of this Act
and the respondent is probably guilty thereof.
3. The Solicitor General shall file, in the name and
on behalf of the Republic of the Philippir:ies, in
the Court of First Instance (now RTC) of the city
or province where said public officer or
employee resides or holds office, a petition for a
writ commanding said officer or employee to
show cause why the property aforesaid, or any
part thereof, should not be declared property of
the State.
NOTE: No such petition shall be filed within one (1)
year before any general election or within three (3)
months before any special election.
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Under the Constitution, the right of the state to
recover ill-gotten _wealth does not prescribe
(BOAOO, SPL, supra at 597).
The resignation, dismissal or separation of the officer ·
or employee from his office or employment in the
Government or in the Government-owned or
controlled corporation shall not be a bar to the filing
of the petition.
NOTE: The right to file such petition shall prescrib~
after four (4) years from the date of the resignation,
dismissal or separation or expiration of the term of
the officer or employee concerned.
EFFECT OF FAILURE OF RESPONDENT
TO SHOW THAT HE HAS LAWFULLY
ACQUIRED THE SUBJECT PROPERTY
(Sec. 6)
The court shall declare such property, forfeited in
favor of the State, and by virtue of such judgment the
property aforesaid shall. become prbperty of the
· ~9j"ggment shall be rendered within six (6)
man '6M0rtany general election or within three
(3) months l?tfore any special election. The Court
may, in add.itioni:refer the case to the corresponding
Executive [)epaftment for administrative or criminal
action, or.both.
.,,ANTI-ARSON LAW
PRESIDENTIAL DECREE
NO. 1613,_
AS AMENDED BY
in PRESIDENTIAL DECREE
N0.1744
Approved on:
P.O. No. 1613 - March 7, 1979
P.O. No.1744-November 11, 1980
Effectivity Clauses:
P.O. No. 1613 - This Decree shall take effect
immediately upon publication thereof at least once in
a newspaper of general circulation (P.O. No. 1613,
Sec. 10).
P.O. No. 1744 - This Decree shall take effect
immediately (P.O. No. 1744, Sec. 3).
NOTE: Presidential Decree No. 1613 which
repealed Articles 321 to" 326-B of the RPC remains
the governing law for Simple Arson. This decree
contemplates the malicious burning of public and
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private structures, regardless of size, not included
in Article 320, as amended by RA. No. 7659, and
classified as other cases of arson (REYES, The
Revised Penal Code, Book Two (2021), p. 1106
[hereinafter REYES, Book Two]).
Topic related to: Crimes Against Property
Arson
It is a crime committed when any person burns or
sets fire to the property of another, or to his own
_property under circumstances which -expose to
danger the life or property of another (Sec. 1).
KINDS OF ARSON:
1. Arson/ Simple Arson (Sec. 1);
It covers houses, dwellings, government,
buildings, farms, mills, plantations, railways, bus
stations, airports, wharves and other industrial
establishments (People v. Murcia, G,R No.
182460, March 9, 2010).
ELEMENTS OF SIMPLE ARSON (Sec. 1):
a. That the_offender burns· or sets fire to the
property of another; and
NOTE: The property mentioned in Sec. 1
of P.O. No. 1613 rnaybe real or personal
(Ill CAMPANILLA, -Spf]cial Penal Laws
(2010), p. 267 [hereinafter Ill
CAMPANILLA, SPLJ).
b. That the burning is committed with malice
NOTE: Whether arson is punishable under
the RPC or P.O. No. 1613, the crime is
ma/urn in_ se. Hence, to constitt.1te this
crime, the accused must have acted with
malice. In the absence of malic,ious intent,
accused however may be held tiable for
arson through reckless imprudence under
the RPC (Id. at 268).
2. Destructive Arson (RPC, Art. 320, as
amended); and
Contemplates the malicious burning of
structures, both public and private, hotels,
buildings, edifices, trains, vessels, -aircraft,
factories, and other military, government -or
commercial establishments, by any person or
group of persons (People v. Ma/ngan, G.R. No.
170470, September 26, 2006).
Destructive Arson includes burning of:
1. One or more buildings or edifices,
consequent to one single act of burning, or
as a result of simultaneous burnings, or
committed on several or different occasions;
2. Any building of public or private ownership<
devoted to the public in general or where
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SPECIALPENALLAWS
, CriminalLaw
people usually gather or congregate for a
definite purpose such as, but not limited to,
official governmental function or business,
private transaction, commerce, trade
workshop, meetings and conferences, or
merely incidental to a definite purpose such
as but not limited to hotels, motels, transient
dwellings, public conveyances or stops or
terminals, regardless of whether the
offender had knowledge that there are
.persons in said building or edifice at the time
it is set on fire ·and regardless also of
whether the building is actually inhabited or
not;
3. Any train or locomotive, ship or vessel,
airship or airplane, devoted to transportation
or conveyance, or for public use,
entertainment or leisure;
4. Any building, factory, warehouse installation
and any appurtenances thereto, which are
devoted to the service of public utilities; and
· 5, · Niybuilding the burning of which is for the
purpose of concealing or destroying
evidence of another violation of law, or for
th€! 'purpose of concealing bankruptcy or
defrauding creditors or to collect from
insurance.
. ·-
Additional . acts considered as Destructive
Arson:
1. When the arson is committed by two (2) or
rnore persons or by a group of persons,
regardless· of whether their purpose is
merel¥ to burn or destroy the building or the
burning mer~ly constitutes an overt act in .
the commission of another violation of the
law;and ,
2. When any person shall burn: _
a. --Any arsenal, shipyard, storehouse or
military power or fireworks factory,
ordinance, storehouse, archives or
general museum of the Government;
and
b. In an inhabited place, any storehouse or
factory of inflammable or explosive
materials.
NOTE: The nature of Destructive Arson is
distinguished from Simple Arson by the degree
of perversity or viciousness of the criminal
offender. The acts committed under Art. 320 of
The Revised Penal Code, as amended,
constituting Destructive Arson are characterized
as heinous crimes "for being grievous, odious
and hateful offenses and which, by reason of
their inherent or manifest . wickedness,
v1c1ousness, atrocity and perversity are
repugnant and outrageous to the common
standards and norms of decency and morality in
a just, civilized and ordered -society." On the
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other hand, acts committed under P.D. No. 1613
constituting Simple Arson are crimes with a
lesser degree of perversity and viciousness that
the law punishes with a lesser penalty. In other
words, Simple Arson contemplates crimes with
less significant social, economic, political and
national security implications than Destructive
Arson. However, acts falling under Simple Arson
may nevertheless be converted into Destructive
Arson depending on the qualifying
circumstances present (Buebos v. People, G.R.
No 163938, March 28, 2008).
3. Other cases of Arson (Sec. 3).
Burning of: ·
a. Any building used as offices of the
government or any of its agencies;
b. Any inhabited house or dwelling;
c. Any industrial establishment, shipyard, oil
well or mine shaft, platform·or tunnel;
d. Any plantation, farm, pastureland, growing
crop, grain field, orchard, bamboo grove or
forest;
e. Any rice mill, sugar mill, cane mill or
central; and
. f. Any railway or bus station, airport, wharf or
warehouse.
SPECIAL AGGRAVATING
CIRCUMSTANCES IN ARSON (Sec. 4):
(IBS2 )
The circumstances are:
1. If committed with Intent to gain;
2. If committed for the Benefit of another;
3. If the offender is motivated by §.pite or hatred
towards the owner or occupant of the property_
burned; or
NOTE: The special aggravating circumstances
motivated by spite or hatred toward the owner or
occupant of the property burned cannot be
appreciated where it appears that he was acting
more on impulse, heat of anger or rise temper
rather than real spite or hatred that impelled him
to give vent to his wounded ego (People v.
Soriano, G.R. No. 142565, July 29, 2003).
4. If committed by a §.yndicate - planned or carried
out by three or more persons.
WHERE DEATH RESULTS FROM
ARSON; ARSON AND HOMICIDE
If by reason of or on the occasion of arson, death
results, the penalty of death (now reclusion
perpetua, per R.A. No. 9346) shall be imposed. It is
a
not complex crime of arson with homicide under
Art. 48 but one crime of destructive arson because
there is· one specific provision defining the
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combination of crimes to form this composite crime
and specifying its penalty (BOADO, supra at 944).
Rules to determine if the crime committed is
murder only, arson only with homicide absorbed
(special complex crime), or the separate crimes
of murder and arson:
1. Murder
If the main objective is to kill a particular
person who may be in a building or edifice, when
fire is resorted to as the means to accomplish
such goal, the crime is murder only;
2. Arson
If the main objective. is the burning of the
building or edifice, but death results by reason or
on the occasion of arson, the crime is simply
arson, and the resulting homicide is absorbed;
and
3. Murder and Arson
If the objective is, likewise, to kill a particular
person, and in fact the offender has already
mm
_ done so, but fire is resorted to as a means to
_c;over up-the killing, then there are two separate
' ~d, . edistinct crimes committed
homic:idelttiurder and arson (People v. Malngan,
G.R. No, 170470, September 26, 2006).
PRIMA FACIE EVIDENCE OF ARSON
(Sec. 6):
1. If th~~'-$~fted simultaneously in more than
one partrot,ttisbuilding or establishment;
2. If substantial amount of flammable substances
...pr materials are stored within the building not
· ~~~sary in the business of the offender nor for
tidi.'Js'ehblduse;
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 corre~ponding fire
insurance policy, more than two (2) 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; and
7. If a demand for money or other valuable
consideration was made before the fire in
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exchange for the desistance of the offender or
for the safety of the person or property of the
victim.
In arson, the corpus delicti rule is generally satisfied
by proof of the bare occurrence of the fire and of its
having been intentionally caused. Even if the whole
house has not been completely gutted by fire, the
crime is still consummated arson. It is enough that a
pdrtion thereof is shown to have been destroyed
(People v. Gutierrez, G.R. No. 100699, July 5, 1996).
. is not necessary that the wood should be ablaze
CONSPIRACY TO COMMIT ARSON
(Sec. 7)
Conspiracy to commit arson is punished by prision
mayor in its minimum period.
Basis for the Penalty of Arson
The enormity of the offense is not measured by the
value of the property that may be destroyed but
rather by the human lives exposed to d8$t'i-uction.lt
is indeed a heinous crime that thE3''law seeks to
suppress with the most serious pehalty t;>ecauseof
its grave anti-social character. (People rv. Acosta,
G.R. No. 126351, February 18, 2000). ·
CONSFISCATION OF OBJECT OF
ARSON (Sec. 8)
GENERAL RULE: The building wt,ich is the object
of arson including the land on w~ich it is _situated
shall be confiscated and esc:;heatedto the·Sfate.
EXCEPTION: The owner thereof can prove that he
has no participation in nor knowledge of such arson
despite the exercise of due dUigence on his part
(Sec. 8).
ATTEMPTED AND CONSUMMATED
ARSON
1. Attempted Arson
Illustration: A person, intending to bum a
wooden structure, collects some rags, soaks
them in gasoline and places them beside the
wooden wall of the building. When he is about to
light a match to set fire to the rags, he is
discovered by another who chases him away.
The offender commences the commission of the
crime directly by overt acts (placing the rags
soaked in gasoline beside the wooden wall of.
the building and lighting a match) but he does
not perform all the acts of execution (the setting
of fire to the rags) due to the timely intervention
of another who chases away the offender
· (REYES1 Book Two, supra at 1108).
But if before the fire was put out, it had burned a
part of the building, it is consummated (Id.).
'
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SPECIAL·PENAL LAWS
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2. Consummated Arson
Arson is consummated when all the acts
necessary to cause and create chemical change
through combustion in the thing sought to ~e
burnt are present. The extent of damage 1s
immaterial, it being sufficient that a portion of the
thing is burned (People v. Hernandez, G.R. No.
31770, December 5, 1929).
Any charring of the wood of a building, whereby
'the fiber of the wood is destroyed, is sufficient. It
(REYES, Book Two, supra at 1108).,.
The mere fact that a building is scorched- or
discolored by heat is not sufficient to constitute.
consummated arson.
Illustration: If a part of the building commences
. to burn, the crime is consummated arson
however small is .theportion burned.
, •' -
. NOTE: Arson has no frustrated stage (BOADO,
s/JPf'aat 941). t:ven if a building is not completely
gutted by t~e fire, the crime committed is ~till
consummated arson. It is ·enough that a portion
ther,of is shown to have been destroyed.
(Pedple v. Gutierrez, G.R. No. 100699, July 5,
1996).
.
.
.TRUST:8.ECEIPTS LAW
PRESIDENTIAL DECREE
, N0.115
Apprt>ve<N:m:
January 29, 1973
Effectlvity Date: January 29, 1973
Topic related to: Crimes Against Property
TRUST RECEIPT (TR)
A written or printed document signed by. the
entrustee in favor of the entruster containing terms
and conditions substantially complying with the
provisions of Trust Receipts Law, whereby the bank
as entruster releases the goods to the possession of
the entrustee but retains ownership thereof while the
entrustee may sell the goods and apply the proceeds
for the full payment of his liability to the bank (Sec.
3(j)).
The trust receipt evidences the absolute title or
security interest of the entruster over the goods (Sec.
4).
Neil Borja
Neil Borja
Niel
Carlos Cuna
.\ I
MEM:Q~YAID
Ban Beda UniversityCollege of Law - RGCT.Baf Operatlons Center
NOTE: No agency relationship is established when
the entrustee executes the TR.
P.D. No. 115 covers not only goods• ultimately
destined for sale but also those for consumption
(Ching v. CA, G.R. No. 110844, April 27, 2000).
Illustration: An (entrustee) is an importer of goods
in the Philippines. He wants to buy the goods of B
(seller) from Japan in order to resell them here in the
Philippines. However, he does not have the
necessary funds to purchase and import the goods.
Thus, he signed a trust receipt in favor of C
(entruster) where C shall lend A the necessary funds
to purchase and import the goods. Upon purchase
and importation. of the goods in the Philippines, A
shall resell the. goods. When the goods are
successfully sold by A, he shall return to C the
borrowed funds, taken from the proceeds of the sale,
in order to end the trust receipt transaction.
TRUST RECEIPT TRANSACTION
This is any transaction by and between a person·
referred to as the entruster, and entrustee, whereby
the entruster, who owns or holds absolute title or
security interests over certain specified goods,
documents or instruments, releases the same to the
possession of the entrustee upon the latter's
execution and delivery to the entruster of a signed
document called a "trust receipt" (Sec. 4).
The entrustee binds himself to hold the. designated
goods, documents or instruments in trust for the
entruster and to sell or otherwise dispose pf the
goods, documents or instruments with the obligation
to turn over to the entruster the proceeds thereof to
the extent of the amount owing to the entruster oras
appears in the trust receipt or the goods, documents
or instruments themselves if they are unsold or not
otherwise disposed of, in accordance with the terms
and conditions specified in the trust receipt, or for
other purposes according to theP.D. No. 115 (Id.).
VIOLATION OF P.D. NO. 115
Nature of Violation
The Trust Receipts Law does not seek to enforce
payment of the loan, rather it punishes the
dishonesty and abuse of confidence in the handling
of money or goods to Jhe prejudice of arTother
regardless of whether the latter is the owner
(Consolidated Bank and Trust Corporation v. Court
of Appeals, G.R. No. 114286, April 19, 2001). The
ma/a prohibita nature of the offense notwithstanding,
the intent to misuse or misappropriate the goods or
their proceeds must be established by the records
(Pilipinas Bank v. Ong, G.R. No. 133176, August 8,
2002).
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The finding that there was no fraud and deceit is
likewise misplaced considering that the offense is
ma/um prohibitum regardless of the existence of
intent or malice. A mere failure to deliver the
proceeds of the sale or the goods if not sold
constitutes a criminal offense that causes prejudice
not only to another, but more to the public interest
(Metropolitan Bank and Trust Company v. Tonda,
G.R. No. 134436, August 16, 2000).
How TR Law is Violated
Whenever the entrustee or the person in whose
favor the TRs were issued fails to:
1. Money received under the obligation involving
the duty to deliver it (entregar/a) to the owner of
the merchandise sold; or
2. Merchandise received under the obligation to
"return" it (devolvera) to the owner (BOADO
SPL, supra at 365).
Violation of TR as a Mode of Committing Estafa
An act violative of a TR agreement is only one mode
of committing estafa under the provision of the RPC.
Stated differently, a violation of a TR arrangement is
··..•
no.t.the sole .basis for incurring liability under Art.
3,15(1)(µ},{Metrobank v. Tonda, G. R. No. 134436,
Augusf1~, 2000).
·,» ,
ELEMENT~ Of; ESTAFA UNDER THE RPC IN
RELATION TO "FHETR LAW: (RMAO)
1. Receipt of the'subject goods in trust or under the
obligation: to sell the same and to remit the
p • ~:to (the trustor), or to return the
good'' bHo1cl;
2. Misappropriation or conversion of the goods
.and/or the proceeds of the sale;
•~rtormance of such acts with Abuse of
·el:i~lldt:l~ce to the damage and prejudice of
trustor bank; and
4. Qemand was made on them by the trustor bank
for the remittance of the proceeds or the return
of the unsold goods (Land Bank of the
Philippines v. Perez, G.R. No. 166884, June 13,
2012).
LIABILITIES FOR VIOLATIONS OF TR
LAW
Failure· of the entrustee to turn over the proceeds of
the sale of goods, covered by TR to the entruster or
to return said goods if they were not dlsposed of in
accordance with the terms of the TR will result to:
1. Criminal and civil liability for estafa under Sec.
13 of the P.O. 115 in relation to Art. 315( 1) of the
RPC, without need of proving intent to defraud
(Sarmiento, Jr. v. Court of Appeals, G.R. No.
122502, December 27, 2002); and
2. Liability for damages under Art. 33 of the Civil
Code (Prudential Bank v. Intermediate Appellate
Court, G.R. No. 74886, December 8, 1992).
Neil Borja
Neil Borja
Niel
Carlos Cuna
NOTE: The breach of obligation under a trust receipt
agreement is separate and distinct from any criminal
liability for "misuse and/or misappropriation of goods
or proceeds reaiized from the sale of goods,
documents or instruments released under trust
receipts", punishable under Sec. 13 of the Trus_t
Receipts Law in relation to Art. 315(1 )(b) of the RPG
based on an obligation ex contractu and not ex
delicto, the civil action may proceed independently
of the criminal proceedings instituted against
petitioners regardless of ttie result of _thelatter (Phil.
Blooming Mills v. Court of Appeals, G.R. No:
142381, October 15, 2003).
P.O. No. 115 expressly allows the bank to take
possession of the goods cover_ed by the trust
receipts. Thus, even though the bank took
possession of the goods· covered by the trust
receipts,.the entrustees remained liable for the entire
amount of the loans covereo by the trust receipts.
Liability of Entrustee for Loss
Loss of goods, documents or title, pending their
disposition, irrespective of whether or not ltwas due
to the fault or negligence of the eritrustee; shall not
extinguish his obligation to the eritruster for thevafue
thereof (Sec. 10).
Penal Sanction if Offender. is a Corporation
If the entrustee is a corporation, the law makes the
officers or employees of other persons re$ponsible
for the offense liable to '. suffer the penalty of
imprisonment However, the person signing the trust
receipt for the corporation is notsQlidarily tiabte with
the entrustee-corporation for the civil liability arising
from the criminal offense (Ong v. Court of Appeals,
G.R. No. 119858, April 29, 2003). ...
COMPLIANCE WITH TR AGREEMENT,
The effects of compliance with TRs are as follows:
1. Before criminal charge: no criminal liability;
2. After charge, before conviction: extinguishinent
of criminal liability (Phil. Blooming Mills v. Court
of Appeals, G.R. No. 142381, October 15,
2003).
AN ACT REPEALING_THE
CRIME OF PREMATURE
MARRIAGE
UNDER ARTICLE 351
OF ACT NO. 3815,
OTHERWISE KNOWN AS
THE REVISED PENAL CODE
REPUBLIC ACT NO. 10655
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SPECIALPENALLAWS
CriminalLaw
Approved on: March 13, 2015
Effectivity Clause: This Act shall take effect fifteen
(15) days after its complete publication in at least two
(2) newspapers of general circulation (R.A. No.
10655, Sec. 3).
Art. 351 is already decriminaliled. Without prejudice
to the provisions of the Family Code on paternity and
filiation, Art. 351 of the RPG, punishing the crime of
premature marriage committed by a woman, is
hereby repealed (Sec. 1).
GUIDELINES IN THE
OBSERVANCE OF A RULE OF
PREFERENCE IN THE
IMPOSITION OF PENALTIES
IN LIBEL CASES
ADMINISTRATIVE
CIRCULAR 08-2008
Issued: January 25, 2Q08
Effectivity Oat~: January 25, 2Q08
Topic related tQ: Crimes Against Honor
ART. 355 OF THE RPC
Pe11a1tzeslibel, committed by means of writing,
printing, ·lithography,:engraving, radio, phonograph,
painting, ·theatrical exhibition, cinematographic
exhibition, . or any similar means, with prision
cotrect1onai iry its minimum and _medium
penods or fine ranging from P200 to P6,000, or both,
. iri aqditt6h to the civil action which may be· brought
bythe offended party.
PRECEDENT CASES AS BASIS OF THE
CIRCULAR:
The Court opted to impose only a fine on the person
convicted of the q_rimeof libel:
1. The Court modified the penalty imposed upon
petitioner, an officer of a homeowners'
association, for , the crime of libel from
imprisonment and fine in the amount of P200 to
fine only of P3,000, with subsidiary
imprisonment in case of insolvency, for ·the
reason that he wrote the libelous article merely
to defend his honor against the malicious
messages that earlier circulated around the
subdivision, which he thought was the
handiwork of the private complainant (Sazon v.
Court of Appeals, G.R. No. 120715, March 29,
1996).
Neil Borja
Neil Borja
Niel Neil Borja
Carlos Cuna

\ I .

MEM:Q~YAID
Sen Beds UnivetsityCollege of Law.- RGCT Bar Operation$ Center
505

2. Where the crime involved is slander by deed, the

Court modified the penalty imposed on the
petitioner,an ordinarygovernment
employee,
· from imprisonment to fine of P1,000.00, with
subsidiary imprisonment in case of insolvency,
on the ground that the latter committed the
offense in the heat of anger and in reaction to a
perceived provocation (Mari v. Court of Appeals,
G.R. No. 127694, May 31, 2000).
3. The Court opted to impose upon petitioner, a
lawyer, the penalty of fine only for the crime of
libel considering that it was his first offense and
he was motivated purely by his belief that he Was -
merely exercising a civil or moral duty to his
client when he wrote the defamatory letter to
private complainant (Buatis, Jr. v. People of the
Philippines, G.R. No. 142509, March 24, ?006).

PRINCIPLES:
1. This Administrative Circular does not remove
imprisonment as an alternative penalty for the
crime libel under Art. 355 of the RPC.
2. The Judges concerned may, in the exercise of
sound discretion, and taking into consideration
the peculiar circumstances of each case,
determine whether the imposition of a fine alone
would best serve the interests of justice or
whether forbearing to impose imprisonment
would depreciate the seriousness of the offense,
work violence on the social order, or otherwise
be contrary to the imperative of justice.
3. Should only a fine be imposed and the accused
be unable to pay the fine, there is no legal
obstacle to the application of the RPC provision
on subsidiary imprisonment.

In the case of Tulfo v. People (G.R. No. 187113,

January 11, 2021), Tulfo argues that_the imposable
penalty should riot include imprisonment pursuant to
Administrative Circular No. 08-2008. On the other
hand, respondent counters that Administrative
Circular No. 08-2008 did not abandon the penalty
of imprisonment, as ·the presiding judge is given
sound discretion to determine whether imprisonment
or mere fine should be imposed. In the case of
Fermin v. People (G.R. No. 157643, March 28,
2008), it discussed that Administrative Circular No.
08-2008 expresses preference for fine in lieu of
imprisonment for libel cases, considering the
circumstances of the case. Nevertheless, the Court
noted that the Circular allows the exercise of
sound discretion in imposing imprisonment if "a
fine alone would depreciate the seriousness of
the offense, work violence on the social order, or
otherwise be contrary to the imperatives of
justice (Tulfo v. People, G.R. No. 187113, January
11, 2021).

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