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● For the simple arson in Section 1 of PD 1613, the offender may
be punished by imprisonment for prision mayor.
ANTI-ARSON LAW ● For other cases of arson under Section 3 of PD 1613, the
(Presidential Decree No. 1613, as amended by Presidential Decree offender may be punished by imprisonment for reclusion
No. 1744) temporal to reclusion perpetua.
● The law punishes simple arson with a lesser penalty
Arson, defined compared to that of destructive arson because the acts that
● Arson is the malicious destruction of property by fire (Reyes, constitute it have a lesser degree of perversity and viciousness
p. 885). (People v. Soriano, G.R. No. 142565 (2003) [Per J. Bellosillo,
Kinds of arson Second Division]).
● The three kinds of arson are:
Article 320. Destructive Arson. - The penalty of reclusion
(a) Simple arson (Sec. 1, PD 1613);
perpetua to death shall be imposed upon any person
(b) Destructive arson (Art. 320, as amended by RA 7659);
who shall burn:
and
(c) Other cases of arson (Sec. 3, PD 1613).
1. One (1) or more buildings or edifices, consequent to
Section 1. Arson. Any person who burns or sets fire to the one single act of burning, or as a result of simultaneous
property of another shall be punished by Prision Mayor. burnings, committed on several or different occasions.
The same penalty shall be imposed when a person sets 2. Any building of public or private ownership, devoted to
fire to his own property under circumstances which the public in general or where people usually gather or
expose to danger the life or property of another. congregate for a definite purpose such as, but not
limited to, official governmental function or business,
private transaction, commerce, trade, workshop,
Simple arson meetings and conferences, or merely incidental to a
● Under PD 1613, simple arson constitutes the malicious definite purpose such as but not limited to hotels,
burning of public and private structures, regardless of size, not motels, transient dwellings, public conveyances or stops
included in Article 320 as amended by RA 7659 and classified or terminals, regardless of whether the offender had
as other cases of arson. knowledge that there are persons in said building or
Section 3. Other Cases of Arson. The penalty of Reclusion edifice at the time it is set on fire and regardless also of
Temporal to Reclusion Perpetua shall be imposed if the whether the building is actually inhabited or not.
property burned is any of the following:
3. Any train or locomotive, ship or vessel, airship or
1. Any building used as offices of the government or any airplane, devoted to transportation or conveyance, or for
of its agencies; public use, entertainment or leisure.1âwphi1
2. Any inhabited house or dwelling; 4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the service
3. Any industrial establishment, shipyard, oil well or mine of public utilities.
shaft, platform or tunnel;
5. Any building the burning of which is for the purpose of
4. Any plantation, farm, pastureland, growing crop, grain concealing or destroying evidence of another violation of
field, orchard, bamboo grove or forest; law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance.
4. Any rice mill, sugar mill, cane mill or mill central; and
Destructive arson and simple arson, distinguished
5. Any railway or bus station, airport, wharf or warehouse.
Destructive arson Simple arson
Elements of simple arson under Section 3 (2) of PD 1613 Characterized as heinous Contemplates crimes with
● The elements of simple arson under Section 3 (2) of PD 1613 crimes "for being grievous, less significant social,
are: odious and hateful offenses economic, political and
(a) There is intentional burning; and and which, by reason of their national security
(b) What is intentionally burned is an inhabited house or inherent or manifest implications than
dwelling. wickedness, viciousness, destructive arson.
Burning of houses considered as simple arson atrocity and perversity are
● Where the property burned was designated as “houses,” repugnant and outrageous
such act constitutes simple arson under Section 3 (2) of PD to the common standards
1613. and norms of decency and
● If the accused burned his own house but the conflagration morality in a just, civilized
spread to the neighboring houses, the fact that many families and ordered society."
were affected will not convert the crime to destructive arson, if
it is shown that the intent of the accused is to burn his house
alone (People v. Macabando, G.R. No. 188708 (2013) [Per J. Attempted arson
Brion, Second Division]). ● The act of soaking rags in gasoline and placing them beside
● If the property burned is an inhabited house or dwelling, it is the wooden wall of the building for the purpose of burning it
not required that the house be occupied by one or more constitutes attempted arson.
persons and the offender knew it when the house was burned There is no crime of frustrated arson
(Reyes, p. 887).
Penalty for simple arson
1
● Arson is defined as the burning of property. Hence, the
moment burning occurs, even if a small portion only, the 4. If the building or property is insured for substantially
offense is consummated (Boado). more than its actual value at the time of the issuance of
● Caveat: J. Luis B. Reyes and J. Florenz Regalado subscribes to the policy.
the view that there is a crime of frustrated arson, citing United
States v. Valdez, (39 Phil. 240). 4. If during the lifetime of the corresponding fire
Consummated arson insurance policy more than two fires have occurred in
● Even if the fire was subsequently put out, if it had burned a the same or other premises owned or under the control
part of the building, the crime is consummated. of the offender and/or insured.
● Setting fire to the contents of a building constitutes the
consummated crime of arson, even if no part of the building 5. If shortly before the fire, a substantial portion of the
was burned. effects insured and stored in a building or property had
No complex crime of arson with homicide been withdrawn from the premises except in the
● PD 1613 provides that if by reason of or on the occasion of ordinary course of business.
arson, death results, the penalty of reclusion perpetua to death
shall be imposed. Here, the crime of homicide is absorbed 6. If a demand for money or other valuable consideration
(Section 5, PD 1613; People v. Abayon, G.R. No. 204891 (2016) was made before the fire in exchange for the desistance
[Per J. Brion, Second Division]). of the offender or for the safety of the person or property
Essence of intent in determining if whether the crime is of the victim.
arson or murder
● To determine whether the crime committed is arson, murder Prima facie evidence of arson
or if there is a need to file separate charges of both crimes, the ● Standing alone, unexplained or uncontradicted, any of the
intent of the accused in the commission of the crime shall be seven circumstances in Section 6 of PD 1613 is sufficient to
considered (People v. Baluntong, G.R. No. 182061 (2010) [Per J. establish the fact of arson (Reyes, p. 887).
Carpio-Morales, First Division]). Arson under PD 1613 as terrorism
Arson Murder Separate ● Under RA 9372 or the Human Security Act of 2007, a person
charges who commits an act punishable as arson under PD 1613,
thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to
Intent to ✅ ❌ ❌
coerce the government to give in to an unlawful demand shall
burn the (if death
be guilty of the crime of terrorism.
structure occurs, it is
RPC principles applicable
absorbed)
● The principle of conspiracy, the appreciation of
circumstances affecting criminal liability and the
Intent to kill ❌ ✅ ❌ Indeterminate Sentence Law applies in cases of arson (People
using fire (qualified - v. Sota, G.R. No. 203121 (2017) [Per J. Martires, Third Division]).
killing by
means of ANTI-FENCING LAW OF 1979
fire) (Presidential Decree No. 1612)
Burning of ❌ ❌ ✅ Fencing and fence, defined
structure (e.g., person ● Fencing is the act of any person who, with intent to gain for
preceded by is killed then himself or for another, shall buy, receive, possess, keep, acquire,
intent to kill structure is conceal, sell or dispose of, or shall buy and sell, or in any other
burned to manner deal in any article, item, object or anything of value
destroy which he knows, or should be known to him, to have been
corpus derived from the proceeds of the crime of robbery or theft
delicti) (Section 2, PD 1612).
● Fence includes any person, firm, association corporation or
partnership or other organization who/which commits the act
Section 6. Prima facie evidence of Arson. Any of the of fencing (Section 2, PD 1612).
following circumstances shall constitute prima facie Reason why fencing is punished
evidence of arson: ● Fencing is punished since robbery and thievery have
become profitable on the part of the lawless elements
1. If the fire started simultaneously in more than one part because of the existence of ready buyers, commonly known as
of the building or establishment. fence, of stolen properties (PD 1613).
Elements
2. If substantial amount of flammable substances or ● The elements of the crime of fencing are as follows:
materials are stored within the building note necessary (a) The crime of robbery or theft has been committed;
in the business of the offender nor for household us. (b) The accused, who is not a principal or an accomplice
therein, buys, receives, possesses, keeps, acquires,
3. If gasoline, kerosene, petroleum or other flammable or conceals, sells or disposes, or buys and sells, or in any
combustible substances or materials soaked therewith or manner deals in any article, item, object or anything
containers thereof, or any mechanical, electrical, of value, which has been derived from the proceeds
chemical, or electronic contrivance designed to start a of the crime of robbery or theft;
fire, or ashes or traces of any of the foregoing are found (c) The accused knew or should have known that the
in the ruins or premises of the burned building or said article, item, object or anything of value has been
property. derived from the proceeds of the crime of robbery or
theft; and
2
(d) There is, on the part of one accused, intent to gain for victim (Tan v. People, G.R. No. 134298 (1999) [Per J. Pardo, First
oneself or for another. Division]).
Fencing may be committed by juridical persons RPC principles applicable
● If a juridical person, such as a firm, partnership, corporation ● Since the Anti-Fencing Law adopts the technical
or association acted as a fence, the president or the manager nomenclature of the penalties provided in the RPC, the
or any officer thereof who knows or should have known the Indeterminate Sentence Law, and the presence of
commission of the offense shall be liable (Section 4, PD 1612) circumstances affecting criminal liability, applies in cases
Presumption of fencing involving fencing (People v. Simon, G.R. No. 93028 (1994) [Per J.
●.Mere possession of any good, article, item, object, or Regalado, En Banc]).
anything of value which has been the subject of robbery or
thievery shall be prima facie evidence of fencing (Section 5, PD BOUNCING CHECKS LAW
1612). (Batas Pambansa Blg. 22)
● Fencing is a malum prohibitum, and PD 1612 creates a prima
facie presumption of Fencing from evidence of possession by Reason for the law
the accused of any good, article, item, object or anything of ● BP 22 was enacted to prevent the proliferation of worthless
value, which has been the subject of robbery or theft; and checks in the mainstream of daily business and to avert not
prescribes a higher penalty based on the value of the property only the undermining of the banking system but also the
(Cahulogan v. People, G.R. No. 225695 (2018) [Per J. infliction of damage and injury upon trade and commerce
Perlas-Bernabe, Second Division]). occasioned by the indiscriminate issuance of such checks.
● The experience of the accused from the business should
have given him doubt as to the legitimate ownership of the Section 1. Checks without sufficient funds. - Any person
fenced property, especially if it was sold for a price that was too who makes or draws and issues any check to apply on
low (Ong v. People, G.R. No. 190475 (2013) [Per C.J. Sereno, First account or for value, knowing at the time of issue that he
Division]). does not have sufficient funds in or credit with the
● The act of buying a vehicle which is not properly drawee bank for the payment of such check in full upon
documented constitutes as fencing, and good faith cannot be its presentment, which check is subsequently
used as a defense since the crime of fencing is malum dishonored by the drawee bank for insufficiency of funds
prohibitum (Dimat v. People, G.R. No. 181184 (2012) [Per J. Abad, or credit or would have been dishonored for the same
Third Division]). reason had not the drawer, without any valid reason,
ordered the bank to stop payment, shall be punished by
Section 6. Clearance/Permit to Sell/Used Second Hand imprisonment of not less than thirty days but not more
Articles. For purposes of this Act, all stores, than one (1) year or by a fine of not less than but not
establishments or entities dealing in the buy and sell of more than double the amount of the check which fine
any good, article item, object of anything of value shall in no case exceed Two Hundred Thousand Pesos, or
obtained from an unlicensed dealer or supplier thereof, both such fine and imprisonment at the discretion of the
shall before offering the same for sale to the public, court.
secure the necessary clearance or permit from the
station commander of the Integrated National Police in The same penalty shall be imposed upon any person
the town or city where such store, establishment or who, having sufficient funds in or credit with the drawee
entity is located. The Chief of Constabulary/Director bank when he makes or draws and issues a check, shall
General, Integrated National Police shall promulgate fail to keep sufficient funds or to maintain a credit to
such rules and regulations to carry out the provisions of cover the full amount of the check if presented within a
this section. Any person who fails to secure the clearance period of ninety (90) days from the date appearing
or permit required by this section or who violates any of thereon, for which reason it is dishonored by the drawee
the provisions of the rules and regulations promulgated bank.
thereunder shall upon conviction be punished as a fence.
Where the check is drawn by a corporation, company or
entity, the person or persons who actually signed the
● Section 6 of PD 1612 operates as an exception to the check in behalf of such drawer shall be liable under this
presumption laid down in Section 5, since securing the Act.
necessary clearance or permit by stores, establishments or
entities dealing in the buying and selling of goods from an
unlicensed dealer or supplier entitles them to offer the said Punishable acts
goods to the public. ● There are two ways of violating BP 22:
Offender may be prosecuted as an accessory for (a) By making or drawing and issuing a check to apply
robbery/theft or a principal for fencing on account or for value knowing at the time of issue
● While a fence may be prosecuted either as an accessory of that the check is not sufficiently funded; and
robbery/theft or a principal for fencing, there is a preference for (b) By having sufficient funds in or credit with the
the prosecution of the latter as it provides for harsher penalties drawee bank but failing to keep sufficient funds or to
(Dizon-Pamintuan v. People, G.R. No. 111426 (1994) [Per J. maintain a credit to cover the full amount of the
Davide, Jr., First Division]). check when presented to the drawee bank within 90
● The crime of fencing applies only to proceeds of theft or days.
robbery. It does not apply to other crimes of gain like estafa. ● The reason for dishonor must be lack or insufficiency of
● The act of a party who took a share of the proceeds of a funds or credit with the bank. Otherwise, there can be no
crime other than robbery or theft would make him only an conviction under BP 22.
accessory (Boado). Gravamen of the offense
● Non-filing of a police report for theft has the effect of ● What is being punished in BP 22 is the act of issuing a
invalidating the existence of fencing. While theft is a public worthless check or a check that is dishonored upon
crime and can be prosecuted de oficio, it cannot be without a presentment for payment and not the non-payment of debt
3
(Lozano v. Martinez, G.R. No. L-63419 (1986) [Per J. Yap, En ● VIolation of BP 22 is in the nature of a continuing crime.
Banc]). Venue is determined by the place where the elements of
● The law has made the mere act of issuing a bum check making, issuing, or drawing of the check and delivery thereof
malum prohibitum, an act proscribed by legislature for being are committed.(People v. Grospe, G.R. Nos. L-74053-54 (1988)
pernicious and inimical to public welfare. [Per J. Melencio-Herrera, Second Division]).
Elements
● For a successful conviction under BP 22, three elements Section 2. Evidence of knowledge of insufficient funds. -
must concur: The making, drawing and issuance of a check payment
(a) Making, drawing, and issuing any check to apply to of which is refused by the drawee because of insufficient
account or for value; funds in or credit with such bank, when presented within
(b) Knowledge of the maker, drawer or issuer that at the ninety (90) days from the date of the check, shall be
time of issue, he does not have sufficient funds in or prima facie evidence of knowledge of such insufficiency
credit with the drawee bank for the payment of the of funds or credit unless such maker or drawer pays the
check in full upon its presentment; holder thereof the amount due thereon, or makes
(c) Subsequent dishonor of the check by the drawee arrangements for payment in full by the drawee of such
bank for insufficiency of funds or credit or dishonor of check within (5) banking days after receiving notice that
the check for the same reason had not the drawer, such check has not been paid by the drawee.
without any valid cause, ordered the bank to stop
payment. Notice of dishonor
Reason for issuance irrelevant to liability ● A notice of dishonor received by the maker or drawer of the
● To determine the reason for which checks are issued, or the check is indispensable before a conviction can ensue. Such
terms and conditions for their issuance, will greatly erode the notice must be in writing.
faith the public reposes in the stability and commercial value ● The notice of dishonor may be sent by the offended party or
of checks as currency substitutes, and bring about havoc in the drawee bank.
trade and in banking communities. So, what the law punishes ● In order to create the prima facie presumption that the
is the issuance of a bouncing check and not the purpose for issuer knew of the insufficiency of funds, it must be shown
which it was issued nor the terms and conditions relating to its that he or she received a notice of dishonor and within five
issuance. The mere act of issuing a worthless check is malum banking days thereafter, failed to satisfy the amount of the
prohibitum (Llamado v. Court of Appeals, G.R. No. 99032 (1997) check or shall arrange for its payment (Cabrera v. People, G.R.
[Per J. Torres, Jr., Second Division]). No. 150618 (2003) [Per J. Callejo, Sr., Second Division]).
BP 22 distinguished from estafa by postdating a check ● It is not enough for the prosecution to prove that a notice of
● A person liable under BP 22 may also be charged of estafa by dishonor was sent to the drawee of the check. It must also
postdating a check, as the prosecution under BP 22 is without show that the drawer of the check received the said notice
prejudice to any liability for violation of any provision of the because the fact of service provided for in the law is reckoned
RPC (Section 5, BP 22). from receipt of such notice of dishonor by the drawee of the
BP 22 Estafa by postdating a check (Cabrera v. People, G.R. No. 150618 (2003) [Per J. Callejo,
check (Art. 315 (2) (d), RPC) Sr., Second Division]).
Purpose of notice of dishonor
● The service of notice of dishonor serves two purposes:
Even if the check is issued in The check should be issued
(a) The service of notice of dishonor supplies the proof
payment of a pre-existing concurrently in payment of
for the second element, i.e., that the maker, drawer or
obligation, liability is the exchange consideration
issuer knew that at the time of the issuance of the
incurred and not for a pre-existing
check, he does not have sufficient funds; and
obligation
(b) To accord due process to the offender.
● The maker’s knowledge is presumed from the dishonor of
Damage or deceit is Damage and deceit are the check for insufficiency of funds when the first and third
immaterial to criminal essential elements elements of the offense are present (Lim v. People, G.R. No.
liability 130038 (2000) [Per J. Pardo, En Banc]).
Significance of the periods in BP 22
A crime against public A crime against property ● The significance of the 5-, 90- and 180-day periods are as
interest follows:
Only the drawer is liable Not only the drawer but Period Significance
even the indorsee may incur
If the drawer is a juridical liability if he were aware at Five (5) banking days The maker or issuer
entity, the officer who the time of the indorsement (offender) must make
signed the check shall be of the insufficiency of funds arrangements to make good
liable (Section 1, BP 22) the check to escape criminal
liability for issuing a bum
Drawer is given 5 banking Drawer is given only 3 check
days from notice of dishonor calendar days after notice of
to make good the cash dishonor to make good the Ninety (90) days The maker or issuer
value thereof to avoid cash value to avoid liability (offender) must maintain
criminal liability sufficient funds within this
period to destroy the prima
Malum prohibitum Malum in se facie presumption of
knowledge of insufficiency
of funds to back up the
Transitory or continuing offense check
4
● The penalty for a violation of BP 22 is imprisonment of not
One-hundred eighty (180) The payee (offended party) less than 30 days but not more than 1 year or by a fine not less
days must deposit or encash the than, but not more than double the amount of the check and
check, otherwise, the check in no case to exceed ₱200,000, or both such fine and
becomes stale or valueless. imprisonment at the discretion of the court.
Hence, no criminal action ● Each bouncing check, regardless of the amount therein,
arise therefrom and only the constitutes as one count of BP 22 charge. Hence, the number
civil liability remains (See of the issued bounced checks is determinative of the penalty
Sec. 186, NIL). imposed.
Preference of imposition of fine
● GR: It is now the policy to impose fines rather than
imprisonment in violations of B.P. 22 (A.C. No. 13-2001).
Section 3. Duty of drawee; rules of evidence. - It shall be ● Ratio: "It would best serve the ends of criminal justice if, in
the duty of the drawee of any check, when refusing to fixing the penalty to be imposed for violation of B.P. Blg. 22,
pay the same to the holder thereof upon presentment, to the same philosophy underlying the Indeterminate Sentence
cause to be written, printed, or stamped in plain Law is observed, i.e. that of redeeming valuable human
language thereon, or attached thereto, the reason for material and preventing unnecessary deprivation of personal
drawee's dishonor or refusal to pay the same: Provided, liberty and economic usefulness with due regard to the
That where there are no sufficient funds in or credit with protection of the social order" (Ang Higa v. People, G.R. No.
such drawee bank, such fact shall always be explicitly 185473 (2016) [Per J. Reyes, Third Division]).
stated in the notice of dishonor or refusal. In all ● XPN: If the accused is a habitual delinquent or a recidivist.
prosecutions under this Act, the introduction in evidence ● Imprisonment of one year of prision correccional for each
of any unpaid and dishonored check, having the count of violation of B.P. Blg. 22 resulting in a total of 51 years is
drawee's refusal to pay stamped or written thereon or too harsh taking into consideration the fact that the petitioner
attached thereto, with the reason therefor as aforesaid, is not a recidivist, and that past transactions show that the
shall be prima facie evidence of the making or issuance petitioner had made good in her payment. It cannot be
of said check, and the due presentment to the drawee gainsaid that what is involved here is the life and liberty of the
for payment and the dishonor thereof, and that the same petitioner (Ang Higa v. People, G.R. No. 185473 (2016) [Per J.
was properly dishonored for the reason written, stamped Reyes, Third Division]).
or attached by the drawee on such dishonored check. Applicability of RPC principles
● Since BP 22 does not adopt the technical nomenclature of
Notwithstanding receipt of an order to stop payment, the the RPC regarding penalties, the Indeterminate Sentence Law,
drawee shall state in the notice that there were no as well as the presence circumstances affecting criminal
sufficient funds in or credit with such bank for the liability, shall have no effect in calibrating the proper penalty
payment in full of such check, if such be the fact. for violations arising from BP 22 (People v. Simon, G.R. No.
93028 (1994) [Per J. Regalado, En Banc]).
Duty of drawee
NEW ANTI-CARNAPPING ACT OF 2016
● If the drawee refuses to pay the check upon presentment,
(Republic Act No. 10883)
the drawee must:
(a) State, in writing, the reason for the dishonor; and
Carnapping, defined
(b) If the reason therefor is the insufficiency of funds, the
● Carnapping is the taking, with intent to gain, of a motor
drawee must explicitly state such reason in the notice
vehicle belonging to another without the latter’s consent, or
of dishonor.
by means of violence against or intimidation of persons, or by
● Even if the drawee refused to pay due to the stop payment
using force upon things (Section 3, RA 10883).
order of the drawer, if the account had insufficient funds to
Motor vehicle, defined
pay for the check, such fact must also be stated.
● Motor vehicle refers to any vehicle propelled by any power
Kinds of checks covered
other than muscular power using the public highways, except
● GR: All kinds of checks are covered by the law, including
road rollers, trolley cars, street sweepers, sprinklers, lawn
memorandum checks, collateral checks, foreign currency
mowers, bulldozers, graders, forklifts, amphibian trucks, and
checks issued in the Philippines, etc.
cranes if not used on public highways; vehicles which run only
● XPN: A stale check, or a check that has not been presented
on rails or tracks; and tractors, trailers and traction engines of
for payment within 180 days (See Sec. 186, NIL) after its issue, is
all kinds used exclusively for agricultural purposes. Trailers
not covered.
having any number of wheels, when propelled or intended to
● A warranty deposit through an issued check is outside the
be propelled by attachment to a motor vehicle, shall be
purview of BP 22, if the seller has no right to the check
classified as a separate motor vehicle with no power rating
anymore because the property to be secured by such deposit
Punishable acts
has already been foreclosed. Section 1 of BP 22 only covers
● Under RA 10883, the following acts are punishable:
checks that were issued to apply to account or for value
(a) Carnapping, or the taking, with intent to gain, of a
(Magno v. Court of Appeals, G.R. No. 96132 (1992) [Per J. Paras,
motor vehicle belonging to another without the
Third Division]).
latter’s consent, or by means of violence or
● A memorandum check is in the form of an ordinary check,
intimidation against persons, or by using force upon
with the word "memorandum," "memo" or "mem" written
things;
across its face, signifying that the maker or drawer engages to
(b) Concealment of carnapping, committed by any
pay the bona fide holder absolutely, without any condition
person who conceals the carnapped vehicle or its
concerning its presentment. A memo check is also a check
parts (Section 4, RA 10883).
and when dishonored, the issuer may be held liable for
(c) Defacing or tampering, committed by defacing or
violation of BP 22 (People v. Hon. Nitafan, G.R. No. 75954 (1992)
otherwise tampering with the original or registered
[Per J. Bellosillo, En Banc]).
serial number of motor vehicle engines, engine
Penalty
blocks and chassis (Section 14, RA 10668);
5
(d) Identity transfer, committed by causing and/or ● The same rule applies when the owner, driver, passenger or
allowing the sale, registration, and/or transfer into occupant of the carnapped vehicle is killed or raped in the
another name, the chassis number, engine number course of the carnapping.
and plate number of a motor vehicle declared as Carnapping distinguished from qualified theft
“total wreck” or beyond economic repair by ● Article 310 of the RPC also punishes the theft of motor
concerned insurance company, and/or law vehicle. However, the designation of the offense depends on
enforcement agencies, due to its involvement in a the motor vehicle taken:
vehicular accident or for some other causes (Section
15, RA 10668); Carnapping Qualified theft/robbery
(e) Transfer of vehicle plate, committed by transferring
or using a vehicle plate from one vehicle to another Penalizes the unlawful Penalizes the unlawful
without securing the proper authority from the LTO taking of motor vehicles taking of those motor
(Section 16, RA 10668); vehicles excepted from the
(f) Sale of second hand spare parts, committed by coverage of carnapping,
buying and/or selling any second hand spare parts such as roadrollers, trolleys,
taken from a carnapped vehicle (Section 17, RA street-sweepers, sprinklers,
10668). lawn mowers, amphibian
Elements of carnapping trucks and cranes if not
● The elements of carnapping are as follows: used on public highways,
(a) The taking of a motor vehicle which belongs to vehicles which run only on
another; rails and tracks, and tractors,
(b) The taking is without the consent of the owner or by trailers and tractor engines
means of violence against or intimidation of persons of all kinds and used
or by using force upon things; and exclusively for agricultural
(c) The taking is done with intent to gain. purposes (People v.
Persons liable Bustinera, G.R. No. 148233
● Any person may be held liable for the commission of the (2004) [Per J. Carpio
punishable acts under RA 10883, be it natural or juridical, Morales, Third Division])
public or private.
● A person may be liable for carnapping despite not being
present in the crime scene if he masterminded the
commission of the offense. As such, he may be tried as a Sec. 6. Registration of Motor Vehicle, Motor Vehicle
principal by inducement (Chua v. People, G.R. No. 172193 (2017) Engine, Engine Block and Chassis. – Within one (1) year
[Per J. Bersamin, Third Division]). upon approval of this Act, every owner or possessor of
Qualified carnapping unregistered motor vehicle or parts thereof in knock
● When the owner, driver or occupant of the carnapped motor down condition shall register before the LTO the motor
vehicle is killed or raped in the commission of the carnapping, vehicle engine, engine block and chassis in the name of
the penalty imposed shall be life imprisonment (Section 3, RA the possessor or in the name of the real owner who shall
10883). be readily available to answer any claim over the
If carnapping was attended by robbery with homicide registered motor vehicle engine, engine block and
● If the carnapping was attended by robbery and homicide, chassis. Thereafter, all motor vehicle engines, engine
the offender shall be liable for the special complex crime of blocks and chassis not registered with the LTO shall be
robbery with homicide under Article 294 of the RPC, and a considered as a carnapped vehicle, an untaxed
separate charge of carnapping under RA 10883 (People v. importation or coming from illegal source and shall be
Cariño, G.R. No. 232624 (2018) [Per J. Reyes, Jr., Second confiscated in favor of the government.
Division]).
● If the carnapping was attended by the killing of the driver,
owner, passenger or occupant of the vehicle, the killing cannot Registration of motor vehicle
be complexed, but is absorbed by carnapping, although the ● The owner or possessor of an unregistered motor vehicle or
carnapping would become qualified (Section 3, RA 10883). parts thereof shall register it before the LTO.
When public official commits carnapping ● Ratio: To be easily identified when the vehicle is involved in a
● Any public official or employee who directly commits the mishap and a claim is being made upon such owner (re:
said punishable acts or is guilty of gross negligence of duty or registered owner rule).
connives with or permits the commission of any of the said Effect of non-registration
unlawful acts shall, in addition to the penalty imposed for the ● All motor vehicle engines, engine blocks and chassis not
said offenses, be dismissed from the service, and his/her registered with the LTO shall be considered as a carnapped
benefits forfeited and shall be permanently disqualified from vehicle, an untaxed importation or coming from an illegal
holding public office (Section 4, RA 10883) source.
Juridical persons ● The government shall confiscate the same.
● Juridical persons may be held liable for carnapping. In such Penalties
instance, the penalty shall be imposed on its president, Carnapping
secretary, and/or members of the board of directors or any of
its officers and employees who may have directly participated Manner of commission Corresponding penalty
in the violation (Section 4, RA 10883).
Effect when committed by criminal groups or a person is
Committed without violence Imprisonment for not less
killed during the commission of carnapping
against or intimidation of than twenty (20) years and
● When the crime of carnapping is committed by criminal
persons, or force upon one (1) day but not more
groups, gangs or syndicates, by means of violence or
things than thirty (30) years
intimidation of any person or force upon things, the offenders
shall be denied bail when the evidence of guilt is strong.
6
(e) Use of trafficked persons similar to act of an
Committed by means of Imprisonment for not less accessory.
violence against or than thirty (30) years and Acts of trafficking in persons
intimidation of persons, or one (1) day but not more ● Trafficking acts are committed as follows:
force upon things than forty (40) years (a) Recruit, transport, transfer, harbour, provide or
receive a person by any means, including those done
When the owner, driver or Life imprisonment under the pretext of domestic or overseas
occupant of the carnapped employment, training or apprenticeship;
motor vehicle is killed or (b) Introduce or match for money, profit, or material,
raped in the commission of economic or other consideration, any person or, as
the carnapping provided for under RA 6955, any Filipino woman to a
foreign national for marriage;
Concealment of carnapping (c) Offer or contract marriage, real or simulated;
(d) Undertake or organize tours and travel plans
Committed by any person Imprisonment of six (6) years consisting of tourism packages or activities for sexual
up to twelve (12) years and a exploitation;
fine equal to the amount of (e) Maintain or hire a person to engage in prostitution or
the acquisition cost of the pornography;
motor vehicle, motor vehicle (f) Adopt or facilitate the adoption of persons;
engine, or any other part (g) Recruit, hire, adopt transport or abduct a person by
involved in the violation 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; and
Applicability of RPC principles (h) Recruit, transport or adopt a child to engage in
● Since RA 10883 does not adopt the technical nomenclature armed activities in the Philippines or abroad (Section
of penalties in the RPC, the Indeterminate Sentence Law and 4, RA 9208).
the appreciation of circumstances affecting criminal liability When trafficking is qualified
shall not apply to cases involving carnapping (People v. Simon, ● Qualified trafficking is committed with any of the following:
G.R. No. 93028 (1994) [Per J. Regalado, En Banc]). (a) The victim is a child (below 18, or over 18 but suffering
from a mental or physical condition that prevents
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY him from taking care of himself);
(b) Adoption is effected through RA 8043 or the
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 Inter-Country Adoption Act of 1995, for prostitution,
(Republic Act No. 9208, as amended) pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
Trafficking in persons, defined (c) Committed by a syndicate, if carried out by a group of
● Trafficking in persons refers to the: three (3) or more;
(a) Recruitment; (d) Committed in large scale, against three (3) or more
(b) Transportation; individually or as a group;
(c) Transfer or harboring; or (e) The offender is an ascendant parent, sibling, guardian
(d) Receipt of persons - or a person who exercises authority over the victim;
With or without the victim’s consent or knowledge, within or (f) The offender is a public officer or employee;
across national borders, by means of - (g) The victim is recruited to engage in prostitution with
(a) Threat, or use of force; any member of the military or law enforcement
(b) Other forms of coercion, abduction, fraud, deception, agencies;
abuse of power or of position; (h) The offender is a member of the military or law
(c) Taking advantage of the vulnerability of the person; or enforcement agencies; and
(d) The giving or receiving of payments or benefits to (i) By reason or on occasion of trafficking, the offended
achieve the consent of a person having control over party dies, becomes insane, suffers mutilation or is
another person - afflicted with HIV or AIDS.
For the purpose of -
(a) Exploitation, including prostitution or other forms of Section 17. Legal Protection to Trafficked Persons. -
sexual exploitation; Trafficked persons shall be recognized as victims of the
(b) Forced labor; act or acts of trafficking and as such shall not be
(c) Services, slavery, servitude; or penalized for crimes directly related to the acts of
(d) Removal or sale of organs (Section 3, RA 9208). trafficking enumerated in this Act or in obedience to the
● The recruitment, transportation, transfer, harboring or order made by the trafficker in relation thereto. In this
receipt of a child for the purpose of exploitation shall also be regard, the consent of a trafficked person to the
considered as "trafficking in persons" even if it does not involve intended exploitation set forth in this Act shall be
any of the aforementioned means (Section 3, RA 9208). irrelevant.
Punishable acts
● There are 5 categories of acts that constitute the offense:
Protection to victims
(a) Trafficking acts similar to acts of the principal;
● Trafficked persons who commit the acts penalized in RA
(b) Acts promoting trafficking similar to acts of an
9208 shall not be liable therefor as they are considered victims.
accomplice;
● The rule in Section 17 is akin to the justifying circumstance of
(c) Qualified trafficking;
under duress or lack of freedom of action (Boado, p. 258).
(d) Violation of confidentiality or divulging information
Prescriptive period
that could identify both the victim and the offender;
● GR: Trafficking cases under RA 9208 shall prescribe in ten (10)
and
years.
7
● XPN: If committed by a syndicate or in large scale, it shall (h) False, untruthful statement or misrepresentation of
prescribe in twenty (20) years (Section 12, RA 9208). material fact in joint affidavits;
Applicability of RPC principles (i) Unjustified refusal to restore or delay in restoring
● Since RA 9208 does not adopt the technical nomenclature of seized, sequestered and frozen bank deposits,
penalties in the RPC, the Indeterminate Sentence Law and the placements, trust accounts, assets and records;
appreciation of circumstances affecting criminal liability shall (j) Loss, misuse, diversion or dissipation of seized,
not apply to cases involving carnapping (People v. Simon, G.R. sequestered and frozen bank deposits;
No. 93028 (1994) [Per J. Regalado, En Banc]). (k) Infidelity in the custody of detained persons;
(l) Unauthorized revelation of classified materials; and
HUMAN SECURITY ACT OF 2007 (m) Furnishing false evidence, forged document or
(Republic Act No. 9372) spurious evidence.
Conspiracy to commit terrorism
Terrorism, defined ● There is conspiracy when two or more persons come to an
● Terrorism refers to any act punishable under the provisions of agreement concerning the commission of the crime of
the Revised Penal Code and Special Penal Laws which sows terrorism as defined in Section 3 of RA 9372 and decide to
and creates a condition of widespread and extraordinary fear commit the same.
and panic among the populace, in order to coerce the Double jeopardy
goernment to give in to an unlawful demand. ● Prosecution upon a valid complaint or information sufficient
Punishable acts in form and substance to sustain a conviction and after the
● The predicate acts for terrorism, under Section 3 of RA 9372 accused has pleaded to the charge shall be a bar to another
can be any of the following: prosecution for any offense or felony which is necessarily
(a) Piracy in general and mutiny in the high seas or in included in the offenses charged (Section 49, RA 9372).
the Philippine waters (Art. 122, RPC); Penalties
(b) Rebellion or insurrection (Art. 134, RPC); ● The penalty imposed for the commission of terrorism
(c) Coup d’etat including acts committed by private depends on the degree of participation of the offender:
persons (Art. 134-a, RPC);
(d) Murder (Art. 248, RPC); Terrorism
(e) Kidnapping and serious illegal detention (Art. 267,
RPC); Degree of participation Corresponding penalty
(f) Crimes involving destruction (Art. 324, RPC);
(g) Arson (PD 1613); Principal Forty (40) years of
(h) Violation of Toxic Substances and Hazardous and imprisonment, without the
Nuclear Waste Control Act of 1990 (RA 6969); benefit of parole
(i) Violation of Atomic Energy Regulatory and Liability
Act of 1968 (RA 5207); Accomplice, or any person Seventeen (17) years, four (4)
(j) Violation of the Anti-Hijacking Law (RA 6235); who is not a principal or a months one (1) day to
(k) Violation of the Anti-piracy and Anti-highway conspirator, and who twenty (20) years of
Robbery Law of 1974 (PD 532); and cooperates in the execution imprisonment
(l) Illegal and unlawful possession, manufacture, dealing of either the crime of
in, acquisition, or disposition of firearms, terrorism or conspiracy to
ammunitions or explosives (PD 1866, as amended by commit terrorism by
RA 8294). previous or simultaneous
● In doing these predicate acts, the offender must intend to acts
sow and create a condition of widespread and extraordinary
fear and panic among the populace, in order to coerce the Accessory, or any person Ten (10) years and one day to
government to give in to an unlawful demand. having knowledge of the twelve (12) years of
Reason for the law commission of the crime of imprisonment
● It is declared a policy of the State to protect life, liberty, and terrorism or conspiracy to
property from acts of terrorism, to condemn terrorism as commit terrorism, and
inimical and dangerous to the national security of the country without having participated
and to the welfare of the people, and to make terrorism a therein, either as principal or
crime against the Filipino people, against humanity, and accomplice takes part
against the law of nations (Section 2, RA 9372) subsequent to its
Specific acts punished commission in any of the
.● RA 9372 penalizes not only terrorism but also: following manner:
(a) Conspiracy to commit terrorism (Section 4, RA 9372); (a) by profiting himself or
(b) Unauthorized or malicious interceptions and/or assisting the offender to
recording; profit by the effects of the
(c) Failure to deliver suspect to the proper judicial crime;
authority within three (3) days; (b) by concealing or
(d) Violation of the rights of detainee committed by the destroying the body of the
police officer or his superior if the police officer is not crime, or the effects, or
identified; instruments thereof, in order
(e) Threat, intimidation, coercion, or torture in the to prevent its discovery;
investigation and iterrogation of a detained person; (c) by harboring, concealing,
(f) Unauthorized or malicious examination of a bank or a or assisting in the escape of
financial institution; the principal or conspirator
(g) Defiance by the bank officer or employee of court of the crime
authorization;
8
(g) Major part of Class-A light weapon - prision mayor,
Conspiracy to commit terrorism medium period
(h) Ammunition for Class-A light weapon - prision mayor,
Conspirator Forty (40) years of medium period; subject to the same exception in (f);
imprisonment, without the (i) Major part of Class-B light weapon - prision mayor,
benefit of parole maximum period;
(j) Ammunition for Class-B light weapon - prision mayor,
Applicability of RPC principles maximum period; subject to the same exception in (f)
● Since RA 9372 does not adopt the technical nomenclature of (Section 28, RA 10591).
penalties in the RPC, the Indeterminate Sentence Law and the Requisites
appreciation of circumstances affecting criminal liability shall ● In crimes involving illegal possession of firearms, two
not apply to cases involving carnapping (People v. Simon, G.R. requisites must be established, viz:
No. 93028 (1994) [Per J. Regalado, En Banc]). (a) The existence of the subject firearm, and
(b) The fact that the accused who owned or possessed
the firearm does not have the corresponding license
CRIMES AGAINST PUBLIC ORDER or permit to possess.
Animus possidendi
COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION
● While mere possession, without criminal intent, is sufficient
ACT
to convict a person for illegal possession of a firearm, it must
(Republic Act No. 10591)
still be shown that there was animus possidendi or an intent
to possess on the part of the accused. Such intent to possess
Firearm, defined
is, however, without regard to any other criminal or felonious
● Firearm refers to any handheld or portable weapon, whether
intent which the accused may have harbored in possessing
a small arm or light weapon, that expels or is designed to expel
the firearm (Dela Cruz v. People, G.R. No. 209387 (2016) [Per J.
a bullet, shot, slug, missile or any projectile, which is
Leonen, Second Division]).
discharged by means of expansive force of gases from burning
● In order that one may be found guilty of a violation of [RA
gunpowder or other form of combustion or any similar
10591], it is sufficient that the accused had no authority or
instrument or implement (Section 3 (l), RA 10591).
license to possess a firearm, and that he intended to possess
● Under Section 3 (l), RA 10591, the barrel, frame or receiver is
the same, even if such possession was made in good faith and
considered a firearm.
without criminal intent (Dela Cruz v. People, G.R. No. 209387
Loose firearm, defined
(2016) [Per J. Leonen, Second Division]).
● Loose firearm refers to an unregistered firearm, an
Kinds of possession
obliterated or altered firearm, firearm which has been lost or
● Possession includes actual and constructive possession or
stolen, illegally manufactured firearms, registered firearms in
the subjection of the thing to one’s control and management
the possession of an individual other than the licensee and
(Boado, p. 185).
those with revoked licenses in accordance with the rules and
Effect of the use of an unlicensed firearm in the
regulations (Section 3 (v), RA 10591).
commission of crime
Illegal acquisition or possession of a firearm or ammunition
● GR: The use of a loose firearm is an aggravating
as a punishable act
circumstance when such is inherent in the commission of a
● The penalty for the acquisition or possession of a loose
crime punishable under the RPC or other special laws (Section
firearm or ammunition depends on the type of firearm or
29, RA 10591).
ammunition illegally possessed:
● XPN: If the crime is committed by the person without using
(a) Small arm - prision mayor, medium period;
the loose firearm, the violation of illegal possession of firearm
(b) Class-A light weapon - prision mayor, maximum
shall be considered as a distinct and separate offense (Section
period;
29, RA 10591).
(c) Three or more small arms or Class-A light weapons -
● If the penalty for illegal possession is higher than the
reclusion temporal to reclusion perpetua;
maximum penalty for the crime committed with the use of a
The penalty shall be one degree higher for these crimes if
loose firearm, the higher penalty (for illegal possession of
committed under any or combination of the following
firearm) shall be imposed.
conditions:
● If the maximum penalty for the crime committed with the
(1) Loaded with ammunition or inserted with a
use of a loose firearm is equal to that imposed for illegal
loaded magazine;
possession of firearms, an additional penalty of prision mayor,
(2) Fitted or mounted with laser or any gadget
minimum period shall be imposed together with the penalty
used to guide the shooter to hit the target
for the crime committed.
such as thermal weapon sight (TWS) and the
When committed in furtherance of rebellion, insurrection
like;
or attempted coup d’etat
(3) Fitted or mounted with sniper scopes,
● If the illegal possession of firearm or ammunition is in
firearm muffler or firearm silencer;
furtherance of, or incident to, or in connection with the crime
(4) Accompanied with an extra barrel; and
of rebellion, insurrection, or attempted coup d’ etat, such
(5) Converted to capable of firing full automatic
violation shall be absorbed as an element of the said crimes
bursts
(Section 29, RA 10591).
(d) Class-B light weapon - reclusion perpetua;
Coverage of the law
(e) Major part of a small arm - prision mayor, minimum
● Police officers, members of the AFP, governors, mayors and
period;
other public servants and officials are not covered by the
(f) Ammunition for a small arm or Class-A light weapon -
prohibition, when such firearms are in their possession for use
prision mayor, minimum period;
in the performance of their official duties (People v. Mapa, G.R.
XPN: This offense is absorbed if committed by the
No. L-22301 (1967) [Per J. Fernando, En Banc]).
same person charged with the unlawful acquisition
● A secret agent is not exempted from the prohibition against
or possession of a small arm.
the possession of loose firearms, as no provision is made for
9
such secret agents (Sayco v. People, G.R. No. 159703 (2008) [Per (i) Giving of false or fabricated information to mislead or
J. Austria-Martinez, First Division]). prevent the law enforcement agencies from
RPC principles applicable apprehending the offender or from protecting the life
● The appreciation of circumstances affecting criminal liability or property of the victim; or fabricating information
and the Indeterminate Sentence Law applies in cases arising from the data gathered in confidence by
from a violation of RA 10591, since it uses the technical investigating authorities for purposes of background
nomenclature of the penalties found in the RPC (People v. information and not for publication and publishing or
Simon, G.R. No. 93028 (1994) [Per J. Regalado, En Banc]). disseminating the same to mislead the investigator
or to the court.
CRIMES AGAINST PUBLIC INTEREST ● If any of the aforementioned acts is penalized by any other
law with a higher penalty, the higher penalty shall be imposed
OBSTRUCTION OF JUSTICE LAW (Section 1, PD 1829).
(Presidential Decree No. 1829) ● Those who assist the principal to escape may be prosecuted
under PD 1829, not as an accessory but as a principal, provided
Reason for the law that a separate information shall be filed for the crime of
● To discourage public indifference or apathy towards the obstruction (Boado, p. 664).
apprehension and prosecution of criminal offenders, it is Difference of offenders under PD 1829 to accessories under
necessary to penalize acts which obstruct or frustrate or tend the RPC
to obstruct or frustrate the successful apprehension and ● Unlike in Arts. 19 and 20 of the RPC, in PD 1829:
prosecution of criminal offenders (PD 1829). (a) There is no exemption from criminal liability for the
Punishable acts offender’s relatives (See Art. 20, RPC);
● Any person may be held liable for a violation of PD 1829 if he (b) There is no qualification as to the offender (whether
knowingly or willfully obstructs, impedes, frustrates or delays principal, accomplice or accessory) in the crime in
the apprehension of suspects and the investigation and whose favor the obstruction acts were committed;
prosecution of criminal cases by committing any of the and
following acts: (c) There is no distinction between a public officer or
(a) Preventing witnesses from testifying in any criminal private person who commits the acts prohibited
proceeding or from reporting the commission of any (except for the penalty if committed by public officer;
offense or the identity of any offender/s by means of See Art. 19 (3), RPC).
bribery, misrepresentation, deceit, intimidation, force If the crime was already discovered
or threats; ● Accessories conceal or destroy the body of the crime in order
(b) Altering, destroying, suppressing or concealing any to prevent its discovery. However, if the crime was already
paper, record, document, or object, with intent to discovered and the accused tried to suppress the availability of
impair its verity, authenticity, legibility, availability, or the evidence by taking away the truck carrying the lumber, he
admissibility as evidence in any investigation of or is liable as a principal in PD 1829 (Padiernos v. People, G.R. No.
official proceedings in, criminal cases, or to be used in 181111 (2015) [Per J. Brion, Second Division]).
the investigation of, or official proceedings in, Preventing arrest of another, when not punishable
criminal cases; ● School officials who prevented the arrest of students cannot
(c) Harboring or concealing, or facilitating the escape of, be held liable for obstruction of justice under PD 1829 if the
any person he knows, or has reasonable ground to arresting officers did not carry warrants of arrest at the time of
believe or suspect, has committed any offense under the incident. The accused, in safeguarding the rights of
existing penal laws in order to prevent his arrest students, were acting within the bounds of law (Posadas v.
prosecution and conviction; Ombudsman, G.R. No. 131492 (2000) [Per J. Mendoza, Second
(d) Publicly using a fictitious name for the purpose of Division]).
concealing a crime, evading prosecution or the Penalty
execution of a judgment, or concealing his true name ● The penalty of prision correccional in its maximum period, or
and other personal circumstances for the same a fine ranging from 1,000 to 6,000 pesos, or both shall be
purpose or purposes; imposed upon those who are found guilty of committing any
(e) Delaying the prosecution of criminal cases by of the punishable acts under Section 1 of PD 1829.
obstructing the service of process or court orders or Effect when public official commits any of the punishable
disturbing proceedings in the fiscal's offices, in acts under PD 1829
Tanodbayan, or in the courts; ● If any of the punishable acts is committed by a public official
(f) Making, presenting or using any record, document, or employee, he shall in addition to the penalties provided
paper or object with knowledge of its falsity and with thereunder, suffer perpetual disqualification from holding
intent to affect the course or outcome of the public office (Section 2, PD 1829).
investigation of, or official proceedings in, criminal RPC principles applicable
cases; ● The appreciation of circumstances affecting criminal liability
(g) Soliciting, accepting, or agreeing to accept any and the Indeterminate Sentence Law applies in cases arising
benefit in consideration of abstaining from, from a violation of PD 1829, since it uses the technical
discounting, or impeding the prosecution of a nomenclature of the penalties found in the RPC (People v.
criminal offender; Simon, G.R. No. 93028 (1994) [Per J. Regalado, En Banc]).
(h) Threatening directly or indirectly another with the
infliction of any wrong upon his person, honor or CYBERCRIME PREVENTION ACT OF 2012
property or that of any immediate member or (Republic Act No. 10175)
members of his family in order to prevent such
person from appearing in the investigation of, or Reason for the law
official proceedings in, criminal cases, or imposing a ● The State recognizes the vital role of information and
condition, whether lawful or unlawful, in order to communications industries in the nation’s overall social and
prevent a person from appearing in the investigation economic development. As such, there is a need to protect
of or in official proceedings in, criminal cases; and and safeguard the integrity of computer, computer and
10
communications systems, networks, and databases, and the
confidentiality, integrity, and availability of information and acquisition of a domain
data stored therein, from all forms of misuse, abuse, and illegal name over the internet in
access by making punishable under the law such conduct or bad faith to profit, mislead,
conducts (Section 2, RA 10175). destroy reputation and
Punishable acts deprive others from
● The punishable acts under RA 10175 are acts prohibited by registering the same, if such
law as cybercrime offenses, which are those acts penalized by a domain name is
the RPC and special laws if committed through the use of confusingly similar to that of
information and communication technologies (Boado, p. 245). an existing trademark or
● The punishable offenses in Section 4 of RA 10175 are with the name of a person,
categorized into three: (a) offenses against the confidentiality, or acquired without right or
integrity and availability of computer data and systems; (b) with intellectual property
computer-related offenses; and (c) content-related offenses. interests in it.
11
through a computer system; committed within the Philippines or committed with the
use of any computer system wholly or partly situated in
Libel, which is the unlawful the country, or when by such commission any damage is
or prohibited acts of libel as caused to a natural or juridical person who, at the time
defined in Article 355 of the the offense was committed, was in the Philippines.
RPC, committed through a
computer system or any There shall be designated special cybercrime courts
other similar means which manned by specially trained judges to handle cybercrime
may be devised in the cases.
future.
● Section 4 (c) (3) of RA 10175, or the sending of unsolicited Jurisdiction
commercial communications or spam, is void and ● Section 21 of RA 10175 vests the RTC with jurisdiction without
unconstitutional, since to prohibit the transmission of any qualification as to the place where the same should be
unsolicited ads would deny a person the right to read his filed.
emails, even unsolicited commercial ads addressed to him Liability of juridical persons
(Disini v. Secretary of Justice, G.R. No. 203335 (2014) [Per J. ● If a juridical person is likewise liable under RA 10175, the
Abad, En Banc]). liability imposed on the juridical person shall be without
● Online libel, under RA 10175, is valid only with respect to the prejudice to the criminal liability of the natural person who has
original author of the post, but is void and unconstitutional committed the offense (Section 9, RA 10175).
with respect to others who simply receive the post and react to Penalty
it. Hence, aiding and abetting under Section 5 of RA 10175 does ● For computer-related fraud, if no damage has yet been
not include the offense of libel and child pornography caused by the said offense, the penalty imposable shall be one
committed through information or communication (1) degree lower. The same is true for computer-related identity
technology. theft.
● Ratio: The chilling effect on speech by penalizing those who, ● The penalty for child pornography, if done through a
wittingly or unwittingly, republish the libelous statement by computer system, is one (1) degree higher than that provided
sharing or retweeting the same, is apparent (Disini v. Secretary for in RA 9775.
of Justice, G.R. No. 203335 (2014) [Per J. Abad, En Banc]). ● Any crime, which is defined under the RPC or SPLs but done
Other offenses through information or communication technologies, shall be
● Other offenses include: punished for one-degree higher than that provided for by the
(a) Aiding or abetting in the commission of cybercrime; law which defines the said crime.
and RPC principles applicable
(b) Attempt in the commission of cybercrime. ● The appreciation of circumstances affecting criminal liability
● Aiding or abetting in the commission of cybercrime is done and the Indeterminate Sentence Law applies in cases arising
when any person willfully abets or aids in the commission of from a violation of RA 10175, since it uses the technical
any of the punishable acts under Section 4 of RA 10175. nomenclature of the penalties found in the RPC (People v.
● Attempt in the commission of cybercrime constitutes Simon, G.R. No. 93028 (1994) [Per J. Regalado, En Banc]).
willfully attempting to commit any of the punishable acts
under Section 4 of RA 10175 (Section 5, RA 10175). COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Offense done is covered by RPC or SPL but through the use (Republic Act No. 9165, as amended by Republic Act No. 10640)
of communication technologies
● All crimes defined and penalized by the RPC and SPLs if Reason for the law
committed by, through and with the use of information and ● It is the policy of the State to safeguard the integrity of its
communications technologies shall be covered by the relevant territory and the well-being of its citizenry particularly the
provisions of the Cybercrime Prevention Act of 2012 (Section 6, youth, from the harmful effects of dangerous drugs on their
RA 10175). physical and mental well-being, and to defend the same
● The rule in Section 6 of RA 10175 means that the commission against acts or omissions detrimental to their development
of any crime by means of information and communication and preservation (Section 2, RA 9165).
technologies shall be a qualifying circumstance in the said Intent unnecessary
crime (Boado, p. 248). ● The act of transporting a prohibited drug is malum
No absorption rule prohibitum because it is punished as an offense under a
● The violation of the cybercrime law shall be a separate special law (Boado, p. 581).
offense to any violation of any provision of the RPC or SPLs Punishable acts
(Section 7, RA 10175). ● RA 9165 punishes the following acts, among others:
Prescriptive period (a) Importation of dangerous drugs and/or controlled
● The prescriptive period of offenses under RA 10175 depends precursors and essential chemicals, which is done
on the penalty given by the RPC or SPLs for the offense, which by importing or bringing into the Philippines any
shall be one (1) degree higher than that provided in the law dangerous drug, regardless of the quantity and purity
that defines it. If the new penalty, for example, becomes involved even for floral, decorative and culinary
afflictive, the crime would then prescribe in fifteen (15) years, purposes (Section 4, RA 9165);
based on Article 90 of the RPC (Tolentino v. People, G.R. No. (b) Sale, trading, administration, dispensation,
240310 (2018) [Notice]). delivery, distribution and transportation of
dangerous drugs and/or controlled precursors and
Section 21. Jurisdiction. — The Regional Trial Court shall essential chemicals, or the act of any person who
have jurisdiction over any violation of the provisions of unlawfully sells, trades, administers, dispenses,
this Act. including any violation committed by a Filipino delivers, gives away to another, distributes, dispatches
national regardless of the place of commission. in transit or transport any dangerous drug or shall act
Jurisdiction shall lie if any of the elements was
12
as a broker in any of such transactions (Section 5, RA (c) If the victim of the offense is a minor or a mentally
9165); incapacitated individual, or should the involved
(c) Possession of dangerous drugs, or when any person dangerous drug be the proximate cause of death of a
unlawfully possesses any dangerous drug, regardless victim thereof (Section 5, RA 9165).
of the degree of purity thereof (Section 11, RA 9165); When user may be liable for illegal possession
(d) Use of dangerous drugs, as when a person ● GR: Possession is part of illegal use because the latter
apprehended or arrested and is found to be positive necessarily requires the former. As such, the accused may only
for use of any dangerous drug, after a confirmatory be liable for illegal use.
test (Section 15, RA 9165). ● XPN: If the quantity is such as to show that it is not only for
Importation, when qualified use, the accused will be prosecuted for illegal possession
● The penalty for importation of dangerous drugs and/or (Boado, p. 584).
controlled precursors and essential chemicals is qualified Elements of illegal possession of dangerous drugs
when the same is done through the use of a diplomatic ● The elements of illegal possession of dangerous drugs are:
passport, diplomatic facilities or any other means involving (a) The actual possession of an item or object which is
his/her official status intended to facilitate the unlawful entry identified to be a prohibited drug;
of the same. In such instance, the penalty imposed shall be in (b) Such possession is not authorized by law; and
its maximum period (Section 4, RA 9165) . (c) The accused freely or consciously possessed the said
Elements of sale of dangerous drug drug.
● The elements of illegal sale of dangerous drug are: Kinds of possession
(a) The identity of the buyer and the seller, and the ● Possession includes not only actual possession, but also
object of the consideration; and constructive possession.
(b) The delivery of the thing and the payment therefor.
● What is material in a prosecution for illegal sale of dangerous Actual possession Constructive possession
drugs is the proof that the transaction or sale actually took
place, coupled with the presentation in court of the corpus The drug is with the The drug is under the
delicti or the illicit drug in evidence (People v. Montevirgen, 723 immediate physical dominion and control of the
Phil. 534 (2013) [Per J. Del Castillo, Second Division]). possession or control of the accused or when he has the
Actual receipt of consideration by seller, not necessary accused right to exercise dominion
● The commission of the offense of illegal sale of prohibited and control over the place
drugs requires merely the consummation of the selling where it is found
transaction which happens the moment the buyer receives
the drug from the seller. ● The accused cannot avoid conviction if his right to exercise
● Even without the money to buy the illicit drug, so long as the control and dominion over the place where the illicit drug is
police officer went through the motion as a buyer and his offer located is shared with another (Boado, p. 585).
was accepted by the accused and the illicit drug was delivered Use of dangerous drug
to the police officer, the crime is consummated by the delivery ● A person may be convicted by using dangerous drugs when
of the goods (People v. Lakibul, G.R. No. 94337 (1993) [Per J. arrested and is found to be positive for use of any dangerous
Campos, Jr., Second Division]).. drug, after a confirmatory test (Section 15, RA 9165).
Delivery of dangerous drug ● Section 15 shall not be applicable where the person tested is
● To “deliver” means to knowingly pass a dangerous drug to also found to have in his/her possession such quantity of any
another personally or otherwise and by any means, with or dangerous drug. In such a situation, Section 11 applies (Section
without consideration. 15, RA 9165).
● Delivery necessarily involves the knowledge on the part of Chain-of-custody rule
the one delivering that what he is delivering is dangerous ● Under Section 21 of RA 10640, and in People v. Nandi (G.R.
drugs. Otherwise, he shall be acquitted (People v. Jumao-as, No. 188905 (2010) [Per J. Mendoza, Second Division]), the
G.R. No. 101334 (1994) [Per J. Vitug, Third Division]). following steps must be taken to preserve the integrity and
Transportation of dangerous drug evidentiary value of the confiscated article:
● In transportation of drugs, what is necessary is the
movement of the dangerous drug from one place to another. Person/s responsible Procedure to be taken
● Although an accused is arrested inside a car, if the car was
not in transit when they were accosted, it cannot be said that Apprehending team having Conduct a physical
the accused was in the act of transporting the dangerous drug initial custody and control of inventory, marking and
(Boado, p. 585). dangerous drugs photographing of the
When seller may also be liable for illegal possession dangerous drugs in the
● If the seller, after being apprehended for selling illicit drugs, presence of:
is subjected to an incidental search and is found to possess
dangerous drugs greater than the quantity negotiated, the (a) The accused, or his
seller will be liable for illegal sale and illegal possession of representative, or
dangerous drugs (People v. Salamat, G.R. No. 103295 (1993) his counsel;
[Per J. Regalado, Second Division]). (b) An elected public
Selling, administering, or disposing, when qualified official; and
● The punishable act under Section 5 is qualified when: (c) A representative
(a) It is done within one hundred (100) meters from the from the National
school; Prosecution Service
(b) When drug pushers use minors or mentally or the media.
incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly Witnesses (elected public Sign the copies of inventory
connected to the dangerous drugs and/or controlled official and representative
precursors and essential chemical trade; and from NPS or media)
13
● RA 6235 punishes the following acts:
Arresting officer Turnover of the seized article (a) To compel a change in the course or destination of an
to the investigative officer aircraft of Philippine registry (Section 1, RA 6235);
(b) To seize or usurp the control of the Philippine aircraft
Investigative officer Turnover of the seized article while it is in flight (Section 1, RA 6235);
to the Forensic Laboratory (c) To compel an aircraft of foreign registry to land in
for laboratory examination Philippine territory (Section 1, RA 6235);
(d) To seize or usurp the control thereof while it is within
Forensic chemist Turnover and submission of the said territory (Section 1, RA 6235);
the marked illegal drug (e) To ship, load or carry in any passenger aircraft
seized to the court operating as a public utility within the Philippines,
any explosive, flammable, corrosive or poisonous
substance or material (Section 3, RA 6235).
Effect of deviation from proper procedure
Aircraft, when considered in flight
● GR: Deviation from the proper procedure laid down in
● An aircraft should be considered in flight from the moment
Section 21 of RA 9165 regarding the handling of dangerous
all its external doors are closed following embarkation until
drugs would result in the acquittal of the accused, since the
any of such doors is opened for disembarkation (Section 1, RA
same would be tantamount to failure to establish the identity
6235).
of the corpus delicti, an essential element of the offenses of
Hijacking, when aggravated
illegal sale and illegal possession of dangerous drugs (Lescano
● The presence of the following circumstances aggravates
v. People, G.R. No. 214490 (2016) [Per J. Leonen, Second
hijacking:
Division]).
(a) Whenever the hijacker has fired upon the pilot,
● Ratio: Due to the unique characteristic of narcotic
member of the crew or passenger of the aircraft;
substances which is that they are not readily identifiable as in
(b) Whenever the hijacker has exploded or attempted to
fact they are subject to scientific analysis, the likelihood of
explode any bomb or explosive to destroy the aircraft;
tampering, loss or mistake with respect to an exhibit is highly
or
possible. As such, a standard more stringent than that applied
(c) Whenever the crime is accompanied by murder,
to cases involving objects which are readily identifiable must
homicide, serious physical injuries or rape.
be applied (Mallillin v. People, G.R. No. 172953 (2008) [Per J.
● In such cases, the penalty of imprisonment of fifteen years to
Tinga, Second Division]).
death, or a fine of not less than twenty-five thousand pesos
● XPN: If it is shown that a justifiable reason exists to deviate
but not more than fifty thousand pesos shall be imposed on
from the proper procedure, that earnest efforts were made to
the person/s liable.
comply with the said steps were taken, and the integrity and
When separate charges for offenses under RPC is proper
evidentiary value of the seized article was preserved (People v.
● In case of death, injury to persons or damage to property
Lim, G.R. No. 231989 (2018) [Per J. Peralta, En Banc]).
resulting from the carrying or loading of prohibited
● If there is no justification or explanation expressly declared in
substances, aside from the prosecution for violation of RA
the sworn statements or affidavits, the investigating fiscal
6235, the corresponding felonies under the RPC (physical
must not immediately file the case before the court. Instead,
injury, murder, arson or malicious mischief) can also be
he or she must refer the case for further preliminary
prosecuted (Section 7, RA 6235).
investigation in order to determine the (non) existence of
Four kinds of aircraft and their respective treatment in RA
probable cause (People v. Lim, G.R. No. 231989 (2018) [Per J.
6235
Peralta, En Banc]).
.Illicit drug as the corpus delicti of crimes involving drugs Of Philippine registry It must be in flight
● Corpus delicti pertains to the fact of the commission of the
crime charged or to the body or substance of the crime. In Of foreign registry It need not be in flight
cases involving drugs, the confiscated article constitutes the
corpus delicti of the crime charged. Public utility passenger Mere carrying of prohibited
● Ratio: The punishable act involving dangerous drugs must aircraft substance is criminal
be duly proven by the prosecution, along with how a particular
person is the perpetrator of the act. Hence, the entire case of
Public utility cargo aircraft Non-compliance with ATO
the prosecution revolves around that material (People v. Sison,
rules and regulations
G.R. No. 238453 (2019) [Per J. Leonen, Third Division]).
constitutes the criminal act
● The inadmissibility of the corpus delicti due to an invalid
(Section 4, RA 6235)
warrantless search warrants the acquittal of the accused
(People v. Sison, G.R. No. 238453 (2019) [Per J. Leonen, Third
Division]). Applicability of RPC principles
Applicability of RPC principles ● Since RA 6235 does not adopt the technical nomenclature of
● Since RA 9165 does not adopt the technical nomenclature of penalties in the RPC, the Indeterminate Sentence Law and the
penalties in the RPC, the Indeterminate Sentence Law and the appreciation of circumstances affecting criminal liability shall
appreciation of circumstances affecting criminal liability shall not apply to cases involving carnapping (People v. Simon, G.R.
not apply to cases involving carnapping (People v. Simon, G.R. No. 93028 (1994) [Per J. Regalado, En Banc]).
No. 93028 (1994) [Per J. Regalado, En Banc]).
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
CRIMES AGAINST NATIONAL SECURITY
ANTI-TORTURE ACT OF 2009
ANTI-HIJACKING LAW (Republic Act No. 9745)
(Republic Act No. 6235)
Key terms
Punishable acts ● “Torture” refers to:
14
(a) Severe pain or suffering, whether physical or mental;
(b) The pain or suffering being intentionally inflicted; organ or rectum, or
(c) For the purposes of: electrical torture of the
(1) To obtain from the victim or a third person genitals;
information or confession;
(2) To punish the victim for what he or a third (8) Mutilation or amputation
person has or is suspected of having of the essential parts of the
committed; body such as the genitalia,
(3) To intimidate or coerce him or a third ear, tongue, etc.;
person;
(4) For any reason based on discrimination of (9) Dental torture or the
any kind. forced extraction of the
(d) The act is by, or at the instigation of, or with consent or teeth;
acquiescence of a person in authority or his agent.
● Pain or suffering arising only from, inherent in or incidental (10) Pulling out of
to lawful sanctions is not considered torture (Section 3 (a), RA fingernails;
9745).
● "Other cruel, inhuman and degrading treatment or (11) Harmful exposure to the
punishment" refers to a deliberate and aggravated treatment elements such as sunlight
or punishment not enumerated under Section 4 of RA 9745, and extreme cold;
inflicted by a person in authority or agent of a person in
authority against a person under his/her custody, which (12) The use of plastic bag
attains a level of severity causing suffering, gross humiliation and other materials placed
or debasement to the latter. over the head to the point of
Offender asphyxiation;
● The principal offender in torture under RA 9745 is a person in
authority or an agent of a person in authority (Boado, p. 309). (13) The use of psychoactive
Acts of torture drugs to change the
● Under Sections 4 and 5 of RA 9745, torture includes, but is perception, memory.
not limited to, the following: alertness or will of a person,
such as:
Physical torture, which is a (1) Systematic beating,
form of treatment or headbanging, punching, (a) The administration
punishment inflicted by a kicking, striking with or drugs to induce
person in authority or agent truncheon or rifle butt or confession and/or
of a person in authority other similar objects, and reduce mental
upon another in his/her jumping on the stomach; competency; or
custody that causes severe (b) The use of drugs to
pain, exhaustion, disability or (2) Food deprivation or induce extreme
dysfunction of one or more forcible feeding with spoiled pain or certain
parts of the body, such as - food, animal or human symptoms of a
excreta and other stuff or disease; and
substances not normally
eaten; (14) Other analogous acts of
physical torture.
(3) Electric shock;
Mental or psychological (1) Blindfolding;
(4) Cigarette burning; torture, which refers to acts
burning by electrically committed by a person in (2) Threatening a person(s)
heated rods, hot oil, acid; by authority or agent of a or his/her relative(s) with
the rubbing of pepper or person in authority which bodily harm, execution or
other chemical substances are calculated to affect or other wrongful acts;
on mucous membranes, or confuse the mind and/or
acids or spices directly on undermine a person's (3) Confinement in solitary
the wound(s); dignity and morale, such as - cells or secret detention
places;
(5) The submersion of the
head in water or water (4) Prolonged interrogation;
polluted with excrement,
urine, vomit and/or blood (5) Preparing a prisoner for a
until the brink of suffocation; "show trial", public display or
public humiliation of a
(6) Being tied or forced to detainee or prisoner;
assume fixed and stressful
bodily position; (6) Causing unscheduled
transfer of a person deprived
(7) Rape and sexual abuse, of liberty from one place to
including the insertion of another, creating the belief
foreign objects into the sex that he/she shall be
15
● The penalty of reclusion perpetua shall be imposed upon the
summarily executed; perpetrators of the following acts:
(a) Torture resulting in the death of any person;
(7) Maltreating a member/s (b) Torture resulting in mutilation;
of a person's family; (c) Torture with rape;
(d) Torture with other forms of sexual abuse and, in
(8) Causing the torture consequence of torture, the victim shall have become
sessions to be witnessed by insane, imbecile, impotent, blind or maimed for life;
the person's family, relatives and
or any third party; (e) Torture committed against children (Section 14, RA
9745).
(9) Denial of sleep/rest; Effect of commission of offenses under RPC when attended
by torture
(10) Shame infliction such as ● If the commission of any crime punishable under Title Eight
stripping the person naked, (Crimes Against Persons) and Title Nine (Crimes Against
parading him/her in public Personal Liberty and Security) of the RPC is attended by any of
places, shaving the victim's the acts constituting torture and other cruel, inhuman and
head or putting marks on degrading treatment or punishment, the penalty to be
his/her body against his/her imposed shall be in its maximum period (Section 22, RA 9745).
will; Special amnesty law, without effect
● In order not to depreciate the crime of torture, persons who
(11) Deliberately prohibiting have committed any act of torture shall not benefit from any
the victim to communicate special amnesty law or similar measures that will have the
with any member of his/her effect of exempting them from any criminal proceedings and
family; and sanctions (Section 16, RA 9745).
RPC principles applicable
(12) Other analogous acts of ● The principles found in the RPC shall have a suppletory
mental/psychological effect, insofar as they are not in conflict with RA 9745 (Section
torture. 22, RA 9745).
● The appreciation of circumstances affecting criminal liability
Other cruel, inhuman and Deliberate and aggravated and the Indeterminate Sentence Law, and other RPC
degrading treatment or treatment or punishment principles applies in cases arising from a violation of RA 9745,
punishment not enumerated under since it uses the technical nomenclature of the penalties
Section 4 of RA 9745 which found in the RPC (People v. Simon, G.R. No. 93028 (1994) [Per J.
attains a level of severity Regalado, En Banc]).
sufficient to cause suffering,
gross humiliation or CRIMES COMMITTED BY PUBLIC OFFICERS
debasement to the victim.
ANTI-GRAFT AND CORRUPT PRACTICES ACT
● The assessment of the level of severity shall depend on all (Republic Act No. 3019, as amended)
the circumstances of the case, including the duration of the
treatment or punishment, its physical and mental effects and, Reason for the law
in some cases, the sex, religion, age and state of health of the ● In line with the principle that a public office is a public trust,
victim (Section 5, RA 9745). RA 3019 was enacted to repress certain acts of public officers
Difference of torture from maltreatment of prisoners under and private persons alike which constitute graft or corrupt
Article 235 of RPC practices or which may lead thereto (Section 1, RA 3019).
● RA 3019 was enacted to promote morality in public service, to
Maltreatment of prisoners Torture under RA 9745 deter public officials and employees from committing acts of
under Art. 235, RPC dishonesty and improve the tone of morality in public service
(Morfe v. Mutuc, G.R. No. L-20387 (1968) [Per J. Fernando, En
The person in authority The person in authority Banc]).
must have actual charge of need not have actual charge Key terms
the prisoner or the offended of the prisoner or the ● "Receiving any gift" includes the act of accepting directly or
party offended party indirectly a gift from a person other than a member of the
public officer's immediate family, in behalf of himself or of any
The offended party must be The offended party need not member of his family or relative within the fourth civil degree,
a convict or detention be a convict or detention either by consanguinity or affinity, even on the occasion of a
prisoner prisoner family celebration or national festivity like Christmas, if the
value of the gift is under the circumstances manifestly
excessive (Section 2 (c), RA 3019)
Torture as a separate and independent crime ● "Person" includes natural and juridical persons, unless the
● Torture as a crime shall not absorb or shall not be absorbed context indicates otherwise (Section 2 (d), RA 3019).
by any other crime or felony committed as a consequence, or Punishable acts
as a means in the conduct or commission thereof. ● Under Section 3 of RA 3019, the following shall constitute
● Torture shall be treated as a separate and independent corrupt practices of any public officer and are unlawful:
criminal act whose penalties shall be imposable without
prejudice to any other criminal liability provided for by (a) Persuading, inducing or influencing another public
domestic and international laws (Section 15, RA 9745). officer to perform an act constituting a violation of rules
Special complex crimes under RA 9745 and regulations duly promulgated by competent
16
● The elements of the offense are:
authority or an offense in connection with the official (a) The accused is a public officer;
duties of the latter, or allowing himself to be persuaded, (b) That in any manner or capacity he secured or
induced, or influenced to commit such violation or obtained, or would secure or obtain, for a person, any
offense. government permit or license;
(c) That in any manner or capacity he secured or
Two ways of violating Section 3 (a) obtained, or would secure or obtain, for a person, any
● Section 3 (a) may be committed in two ways: government permit or license;
(a) A public officer persuading, inducing or influencing (d) That he requested or received the gift, present or
another public officer to perform (i) an act other pecuniary or material benefit in consideration
constituting a violation of rules and regulations duly for the help given or to be given (Tecson v.
promulgated by competent authority; or (ii) an Sandiganbayan, G.R. No. 123045 (1999) [Per J.
offense in connection with the official duties of the Quisumbing, Second Division]).
latter. ● Even if another public officer received the grease money, as
(b) A public officer allowing himself to be persuaded, long as there is conspiracy among them, all of them may be
induced or influenced to commit such violation or convicted under Section 3 (c) of RA 3019 (Antonio v.
offense. Sandiganbayan, G.R. No. L-57937 (1988) [Per J. Cortes, En
● Under both ways, the corruptor and the public officer Banc]).
corrupted under Section 3 (a) of RA 3019 (Boado, p. 473). (d) Accepting or having any member of his family accept
(b) Directly or indirectly requesting or receiving any gift, employment in a private enterprise which has pending
present, share, percentage, or benefit, for himself or for official business with him during the pendency thereof
any other person, in connection with any contract or or within one year after its termination.
transaction between the Government and any other part,
wherein the public officer in his official capacity has to
intervene under the law.
(e) Causing any undue injury to any party, including the
Government, or giving any private party any
Three distinct acts punished in Section 3 (b) unwarranted benefits, advantage or preference in the
● Section 3 (b) penalizes three distinct acts: discharge of his official administrative or judicial
(a) Demanding or requesting; functions through manifest partiality, evident bad faith
(b) Receiving; or or gross inexcusable negligence. This provision shall
(c) Demanding, requesting and receiving - apply to officers and employees of offices or government
- any gift, present, share percentage, or benefit for oneself or corporations charged with the grant of licenses or
for any other person, in connection with any contract or permits or other concessions.
transaction between the government and any other party,
wherein a public officer, in an official capacity, has to intervene
under the law. Two ways of violating Section 3 (e)
● These modes of committing the offense are distinct and ● Section 3 (e) may be committed in two ways:
different from each other. (a) By causing any undue injury to any party, including
● The lack of demand is immaterial since Section 3(b) uses the the government; or
word “or” between requesting and receiving (Pelegrino v. (b) By giving any party any unwarranted benefit,
People, G.R. No. 136266 (2001) [Per J. Panganiban, Third advantage or preference.
Division]). ● Either act qualifies as a violation of Section 3 (e), due to the
Elements distinctive term “or”.
● The elements of the offense are: ● Since the crime is malum prohibitum, its attempted or
(a) The offender is a public officer; frustrated age is not punishable (Pecho v. Sandiganbayan,
(b) That he requested and/or received a gift, present or G.R. No. 111399 (1994) [Per J. Davide, Jr., En Banc]).
consideration; Elements
(c) The gift, present or consideration was requested ● The elements of the offense are:
and/or received in connection with a contract or (a) The offender is a public officer;
transaction with the government; and (b) The act was done in the discharge of the public
(d) The officer has the right to intervene in such contract officer’s official, administrative, or judicial functions;
or transaction in his official capacity. (c) The act was done through manifest partiality, evident
Offender must have official capacity to intervene bad faith, or gross inexcusable negligence; and
● The offender in Section 3(b) must be a public officer whose (d) The public officer caused any undue injury to any
official intervention is required by law in a contract or party, including the government, or gave any
transaction (Jaravata v. Sandiganbayan, G.R. No. L-56170 unwarranted benefits, advantage or preference.
(1984) [Per J. Abad Santos, En Banc]). Three ways to commit third element
● The third element may be committed in three ways:
(c) Directly or indirectly requesting or receiving any gift, (a) Through manifest partiality;
present or other pecuniary or material benefit, for (b) Evident bad faith; or
himself or for another, from any person for whom the (c) Gross inexcusable negligence.
public officer, in any manner or capacity, has secured or ● Proof of any of these three in connection with the prohibited
obtained, or will secure or obtain, any Government acts in Section 3 (e) is enough to convict.
permit or license, in consideration for the help given or ● The use of the three phrases "manifest partiality," "evident
to be given, without prejudice to Section thirteen of this bad faith" and "gross inexcusable negligence" in the same
Act. information does not mean that the indictment charges three
distinct offenses but only implies that the offense charged
Elements may have been committed through any of the modes
17
provided by the law (Fonacier v. Sandiganbayan, G.R. No. ● The public officer must be one who had authority to
L-50691 (1994) [Per J. Vitug, En Banc]). conclude a transaction and bind the government thereto
Undue injury to any party or government (Ingco v. Sandiganbayan, G.R. No. 112584 (1997) [Per J. Vitug,
● Undue injury refers to the real or actual damage occasioned First Division).
by the acts of the offender. ● The contract must be existing and not have been rescinded
● The injury must be more than necessary, excessive, improper (Duterte v. Sandiganbayan, G.R. No. 130191 (1998) [Per J.
or illegal (Boado, p. 478). Kapunan, Third Division]).
Unwarranted benefits, advantage or preference ● Private persons in conspiracy with public officers in
● Unwarranted means lacking adequate official support; committing Section 3(g) may not be held liable under said
unjustified; unauthorized; or without justification or justice. provision but under Section 4 of the same law (Go v.
Sandiganbayan, G.R. No. 172602 (2007) [Per J.
(f) Neglecting or refusing, after due demand or request, Ynares-Santiago, Special Third Division]).
without sufficient justification, to act within a Effect of acquittal of public officer on the private persons
reasonable time on any matter pending before him for charged with him
the purpose of obtaining, directly or indirectly, from any ● The acquittal of the public official removes the critical
person interested in the matter some pecuniary or requisite of a public officer with whom the private individual
material benefit or advantage, or for the purpose of allegedly conspired to commit the crime.
favoring his own interest or giving undue advantage in ● It is illogical to absolve the public official who entered into
favor of or discriminating against any other interested the contract on behalf of the government and send the private
party. person to prison (Boado, p. 501).
(h) Directly or indirectly having financing or pecuniary
Purpose of offender in Section 3(f) interest in any business, contract or transaction in
● To warrant a conviction for violation of Section 3(f), the law connection with which he intervenes or takes part in his
requires that the accused’s dereliction must be without official capacity, or in which he is prohibited by the
justification and must be for the purpose of: Constitution or by any law from having any interest.
(a) 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 Contracts or transactions prohibited in Section 3 (h)
(b) Discriminating against another interested party. ● Section 3 (h) may be violated by any public officer who, has
● The act must be motivated by any gain or benefit for the direct or indirect financial or pecuniary in any business,
accused or knowingly for the purpose of favoring an interested contract or transaction:
party or discriminating against another. (a) In connection with which he intervenes or takes part
Elements in his official capacity; or
● The elements of the offense are: (b) In which he is prohibited by the Constitution from
(a) The offender is a public officer; having any interest; or
(b) The said officer neglected or refused to act without (c) In which he is prohibited by any law from having any
sufficient justification after due demand or request interest, such as RA 6713.
has been made on him; ● Intervention, within the meaning of the law, requires that it
(c) Reasonable time has elapsed from such demand or be (a) actual; and (b) in the official capacity of the public officer
request without the public officer having acted on (Boado, p. 485).
the matter pending before him; and ● What is contemplated in Section 3(h) of the anti-graft law is
(d) Such failure to act is for the purpose of obtaining, the actual intervention in the transaction in which one has
directly or indirectly, from any person interested in financial or pecuniary interest in order that liability may attach.
the matter, some pecuniary or material benefits or The official need not dispose his shares in the corporation as
advantage in favor of an interested party, or long as he does not do anything for the firm in its contract
discriminating against another. with the office (Trieste v. Sandiganbayan, G.R. No. 70332-43
● Neglect or delay of public function must be accompanied by (1986) [Per J. Alampay, En Banc]).
a demand, expressly or impliedly, of any benefit or
consideration of himself or another. In the absence of such (i) Directly or indirectly becoming interested, for personal
demand, the officer shall be merely administratively liable gain, or having a material interest in any transaction or
(Boado, p. 484). act requiring the approval of a board, panel or group of
which he is a member, and which exercises discretion in
(g) Entering, on behalf of the Government, into any such approval, even if he votes against the same or does
contract or transaction manifestly and grossly not participate in the action of the board, committee,
disadvantageous to the same, whether or not the public panel or group.
officer profited or will profit thereby.
Interest for personal gain shall be presumed against
those public officers responsible for the approval of
Elements manifestly unlawful, inequitable, or irregular transaction
● The elements of the offense are: or acts by the board, panel or group to which they
(a) The accused is a public officer; belong.
(b) That he entered into a contract or transaction in
behalf of the government; and ( j) Knowingly approving or granting any license, permit,
(c) Such contract or transaction is grossly and manifestly privilege or benefit in favor of any person not qualified
disadvantageous to the government. for or not legally entitled to such license, permit,
● The acts here are mala prohibita - it is the commission of privilege or advantage, or of a mere representative or
that act as defined by law, not the character or effect thereof dummy of one who is not so qualified or entitled.
that determines whether or not the provision has been
violated (Marcos v. Sandiganbayan, G.R. No. 127073 (1998) [Per (k) Divulging valuable information of a confidential
J. Romero, Third Division]).
18
character, acquired by his office or by him on account of (3) By the illegal or
his official position to unauthorized persons, or releasing fraudulent conveyance or
such information in advance of its authorized release disposition of assets
date. belonging to the National
Government or any of its
subdivisions, agencies or
No double jeopardy in Section 3 instrumentalities or
● A person may be charged with violation of RA 3019 in government-owned or
addition to a felony under the RPC for the same delictual act, -controlled corporations and
that is, either concurrently or subsequent to being charged their subsidiaries;
with a felony under the RPC (G.R. Nos. 142369-70 (2007) [Per J.
Corona, First Division]). (4) By obtaining, receiving or
● Ratio: Section 3 begins with “[i]n addition to acts or accepting directly or
omissions of public officers already penalized by existing law x indirectly any shares of
x x.” stock, equity or any other
In case public officer resigns or retires form of interest or
● If at the time of resignation or retirement, the public official participation including
is facing criminal or administrative investigation or promise of future
prosecution, such retirement or resignation will not cause the employment in any business
dismissal of the proceedings against him (Estrada v. Desierto, enterprise or undertaking;
G.R. No. 146710-15 (2001) [Per J. Puno, En Banc]).
Exception (5) By establishing
Section 14. Exception. Unsolicited gifts or presents of agricultural, industrial or
small or insignificant value offered or given as a mere commercial monopolies or
ordinary token of gratitude or friendship according to other combinations and/or
local customs or usage, shall be excepted from the implementation of decrees
provisions of this Act. and orders intended to
benefit particular persons or
Nothing in this Act shall be interpreted to prejudice or special interests; or
prohibit the practice of any profession, lawful trade or
occupation by any private person or by any public officer (6) By taking undue
who under the law may legitimately practice his advantage of official
profession, trade or occupation, during his incumbency, position, authority,
except where the practice of such profession, trade or relationship, connection or
occupation involves conspiracy with any other person or influence to unjustly enrich
public official to commit any of the violations penalized himself or themselves at the
in this Act. expense and to the damage
and prejudice of the Filipino
people and the Republic of
Applicability of RPC principles the Philippines.
● Since RA 3019 does not adopt the technical nomenclature of
penalties in the RPC, the Indeterminate Sentence Law and the
appreciation of circumstances affecting criminal liability shall How plunder is committed
not apply to cases involving carnapping (People v. Simon, G.R. ● Plunder is committed when a public officer amasses,
No. 93028 (1994) [Per J. Regalado, En Banc]). accumulates or acquires ill-gotten wealth through a
combination or series of overt criminal acts mentioned in
ANTI-PLUNDER ACT Section 1(d) in the aggregate amount or total value of at least
(Republic Act No. 7080, as amended by Republic Act No. 7659) ₱50,000,000.00 (Section 2, RA 7080, as amended by RA 7659.
Liability of person participating in the commission of
Ill-gotten wealth, defined plunder
● Any person who participated with the said public officer in
Ill-gotten wealth means (1) Through the commission of an offense contributing to the crime of
any asset, property, business misappropriation, plunder shall likewise be punished for such offense.
enterprise or material conversion, misuse, or Plunder being malum in se
possession of any person, malversation of public funds ● Precisely because the constitutive crimes are mala in se, the
acquired by him directly or or raids on the public element of mens rea must be proven in a prosecution for
indirectly through dummies, treasury; plunder (Concurring Opinion of J. Mendoza in Estrada v.
nominees, agents, Sandiganbayan, G.R. No. 148560 (2001) [Per J. Bellosillo, En
subordinates and/or (2) By receiving, directly or Banc]).
business associates by any indirectly, any commission, ● The application of mitigating and extenuating
combination or series of the gift, share, percentage, circumstances in the Revised Penal Code to prosecutions
following means or similar kickbacks or any other form under the Anti-Plunder Law indicates quite clearly that mens
schemes - of pecuniary benefit from rea is an element of plunder since the degree of responsibility
any person and/or entity in of the offender is determined by his criminal intent (Estrada v.
connection with any Sandiganbayan, G.R. No. 148560 (2001) [Per J. Bellosillo, En
government contract or Banc]).
project or by reason of the “Combination,” “series,” and “pattern,” as used in RA 7080,
office or position of the defined
public officer concerned;
19
(d) member -
Combination Series Pattern as part of an initiation rite or practice, made as a
prerequisite for admission or a requirement for continuing
Refers to at least Exists when there Consists of at membership in a -
two are two or more least a (a) fraternity;
enumerations overt or criminal combination or (b) sorority; or
provided in acts falling under series of overt or (c) organization -
Section 1 (d) the same criminal acts including, but not limited to -
category of enumerated in (a) paddling,
enumeration the subsections (b) whipping,
found in Section 1 under Section 1 (c) beating,
(d) (d) (d) branding,
Facial challenge, not applicable in criminal law (e) forced calisthenics,
● The void-for-vagueness rule states that a statute establishing (f) exposure to the weather,
a criminal offense must define the offense with sufficient (g) forced consumption of any food, liquor, beverage, drug or
definiteness that persons of ordinary intelligence can other substance, or
understand what conduct is prohibited. (h) any other brutal treatment or forced physical activity -
● A facial challenge (“on its face” invalidation of statute or which is likely to adversely affect the physical and
invalid statute for being vague on its face) is not applicable in psychological health of such recruit, neophyte, applicant, or
criminal statutes. member.
● Ratio: Criminal statutes have general in terrorem (intended ● This shall also include any activity, intentionally made or
to threaten or intimidate) effect resulting from their very otherwise, by one person alone or acting with others, that
existence, and if facial challenge is allowed for this reason tends to humiliate or embarrass, degrade, abuse, or endanger,
alone, the State may well be prevented from enacting laws by requiring a recruit, neophyte, applicant, or member to do
against socially harmful conduct. menial, silly, or foolish tasks (Section 2 (a), RA 11053).
Applicability of conspiracy in RA 7080 ● Initiation or initiation rites refer to ceremonies, practices,
● Conspiracy is applicable in cases arising from RA 7080. rituals, or other acts, whether formal or informal, that a person
● There are two kinds of conspiracy under RA 7080: must perform or take part in order to be accepted into a
(a) Wheel conspiracy; and fraternity, sorority, organization as a full-fledged member.
(b) Chain conspiracy. ● It includes ceremonies practices, rituals, and other acts in all
stages of membership in a fraternity, sorority, or organization
Wheel conspiracy Chain conspiracy (Section 2 (b), RA 11053).
● Organization refers to an organized body of people which
There is a single person or There is successive includes, but it is not limited to, any club, association, group,
group (the "hub") dealing communication and fraternity, and sorority. This term shall include the Armed
individually with two or cooperation in much the Forces of the Philippines (AFP), the Philippine National Police
more other persons or same way as with legitimate (PNP), the Philippine Military Academy (PMA), the Philippine
groups (the "spokes") business operations National Police Academy (PNPA), and other similar uniformed
between manufacturer and service learning institutions (Section 2 (c), RA 11053).
wholesaler, then wholesaler Punishable act
and retailer, and then ● Under Section 3 of RA 11053, all forms of hazing are
retailer and consumer prohibited in fraternities, sororities, and organizations in
schools, including citizens' military training and citizens' army
training.
● The case at bar appears similar to a "wheel" conspiracy. The ● Said prohibition shall likewise apply to all other fraternities,
hub is former President Estrada while the spokes are all the sororities, and organizations that are not school-based, such as
accused, and the rim that encloses the spokes is the common community-based and other similar fraternities, sororities and
goal in the overall conspiracy, i.e., the amassing, accumulation organizations (Section 3, RA 11053).
and acquisition of ill-gotten wealth (Estrada v. Exceptions
Sandiganbayan, G.R. No. 148965 (2002) [Per J. Puno, En Banc]). ● Hazing shall not include:
Applicability of RPC principles (a) Physical, mental, and practices to determine and
● While RA 7080 uses the technical nomenclature of the RPC enhance the physical, mental, and psychological
in penalties, it only prescribes the penalty of reclusion fitness of prospective regular members of the AFP
perpetua to death, both of which are indivisible penalties. As and the PNP, as approved by the Secretary of
such, the graduation of penalties under the Indeterminate National Defense and National Police Commission,
Sentence Law and the appreciation of circumstances affecting duly recommended by the Chief of Staff of the AFP
criminal liability does not find any application in prosecution and Director General of the PNP;
arising from RA 7080. (b) Similar procedures and practices approved by the
respective heads of other uniformed learning
CRIMES AGAINST PERSONS institutions as to their prospective members; or
(c) Any customary athletic event or other similar
ANTI-HAZING ACT OF 2018 contests or competitions or any activity or conduct
(Republic Act No. 8049, as amended by Republic Act No. 11053) that furthers a legal and legitimate objective, subject
to prior submission of a medical clearance or
Key terms certificate.
● Hazing refers to any act that results in physical or ● In no case shall hazing be made a requirement for
psychological suffering, harm, or injury inflicted on a - employment in any business or corporation (Section 3, RA
(a) recruit; 11053).
(b) neophyte; Hazing as a prerequisite for admission to organization
(c) applicant; or
20
● Failure to aver in the Information that the psychological pain (a) School authorities/faculty who consent or have actual
and physical injuries were inflicted on the victim as a knowledge of the prohibited activities, but failed to
prerequisite for admission or entry into the organization take any action to prevent these; and
warrants the dismissal of the case (People v. Bayabos, G.R. No. (b) Barangay, municipal or city officials who consent or
171222 (2015) [Per C.J. Sereno, First Division]). have actual knowledge of the prohibited activities,
Allowed initiation rites but failed to take any action to prevent these (Section
● Only initiation rites or practices that do not constitute hazing 14 (b), RA 11053).
shall be allowed, subject to the following requirements: Hazing, when qualified
(a) A written application to conduct initiation rites shall ● When, as a consequence of hazing, death, rape, sodomy, or
be made to the proper authorities of the school not mutilation results therefrom, the penalty of reclusion perpetua
later than seven (7) days prior to scheduled initiation and a fine of ₱3,000,000 shall be imposed upon those who
date; actually planned or participated in the hazing (Section 14 (a),
(b) The written application shall indicate the place and RA 11053).
date of the initiation rites and the names of the Praeter intentionem inapplicable
recruits, neophytes, or applicants to be initiated and ● Any person charged of hazing under RA 8049, as amended,
the manner by which they will conduct the initiation shall not be entitled to the mitigating circumstance that there
rites; was no intention to commit so grave a wrong (Section 4, RA
(c) The initiation rites shall not last more than three (3) 8049).
days; RPC principles applicable
(d) The application shall contain the names of the ● The appreciation of circumstances affecting criminal liability
incumbent officers of the fraternity, sorority, or and the Indeterminate Sentence Law, and other RPC
organization and any person or persons who will take principles applies in cases arising from a violation of RA 8049,
charge in the conduct of the initiation rites; as amended, since it uses the technical nomenclature of the
(e) The application shall be under oath with a declaration penalties found in the RPC (People v. Simon, G.R. No. 93028
that it has been posted in the official school bulletin (1994) [Per J. Regalado, En Banc]).
board, the bulletin board of the office of the fraternity,
sorority, or organization, and two (2) other ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT
conspicuous places in the school or in the premises of OF 2004
the organization; and (Republic Act No. 9262)
(f) The application shall be posted from the time of
submission of the written notice to the school Constitutionality of RA 9262
authorities or head of organization and shall only be ● RA 9262 does not violate the equal protection clause of the
removed from its posting three (3) days after the Constitution, since violence against women are prevalent
conduct of the initiation rites (Section 4, RA 11053). based on statistics, while no reliable estimates may be
Nullity of waiver and consent obtained on domestic abuse and violence against men in the
● Any form of approval, consent, or agreement, whether Philippines because incidents thereof are relatively low and,
written or otherwise, or of an express waiver of the right to perhaps, because many men will not even attempt to report
object to the initiation rite or proceeding which consists of the situation (Garcia v. Drilon, G.R. No. 179267 (2013) [Per J.
hazing, made by a recruit, neophyte, or applicant prior to an Perlas-Bernabe, En Banc])..
initiation rite that involves inflicting physical or psychological Key terms
suffering, harm, or injury, shall be void and without any
binding effect on the parties (Section 12, RA 11053). "Violence against women "Physical Violence" refers to
● The defense that the recruit, neophyte, or applicant and their children" refers to acts that include bodily or
consented to being subjected to hazing shall not be available any act or a series of acts physical harm;
to persons prosecuted for hazing. committed by any person
Classification of offenders under the law against a woman who is his: "Sexual violence" refers to
● The law considers the following as principal offenders: an act which is sexual in
(a) Officers and members who actually participated in (a) wife, nature, committed against a
inflicting physical harm shall be liable for the death of (b) former wife, or woman or her child. It
or injury to the victim; (c) against a woman with includes, but is not limited
(b) Parents of the officers/members who have actual whom the person has or to:
knowledge of hazing conducted in their home and had a sexual or dating
failed to take action to prevent the violation; relationship, or (a) rape, sexual harassment,
(c) Officers, former officers, or alumni of the organization (d) with whom he has a acts of lasciviousness,
who actually planned the hazing although not common child, or treating a woman or her
present at the time; child as a sex object, making
(d) Those who knowingly cooperated out the hazing by against her child - demeaning and sexually
inducing the victim to be present thereat; suggestive remarks,
(e) The organization’s adviser who is present when the (a) whether legitimate or physically attacking the
prohibited acts were committed and failed to take illegitimate, sexual parts of the victim's
any action to prevent the same; (b) within or without the body, forcing her/him to
(f) The owner/lessee of the place who has actual family abode - watch obscene publications
knowledge of the hazing conducted therein but and indecent shows or
failed to take any action to prevent the same; and which result in or is likely to forcing the woman or her
(g) Members of the fraternity, sorority, or organization result in physical, sexual, child to do indecent acts
who are present during the hazing when they are psychological harm or and/or make films thereof,
intoxicated or under the influence of alcohol or illegal suffering, or economic forcing the wife and
drugs (Section 14 (b), RA 11053). abuse including threats of mistress/lover to live in the
● The following are punished as accomplices: such acts, battery, assault, conjugal home or sleep
21
coercion, harassment or together in the same room the conjugal, community or
arbitrary deprivation of with the abuser; property owned in common;
liberty.
(b) acts causing or (3) destroying household
It includes, but is not limited attempting to cause the property;
to, the following acts: victim to engage in any
sexual activity by force, (4) controlling the victims'
threat of force, physical or own money or properties or
other harm or threat of solely controlling the
physical or other harm or conjugal money or
coercion; properties (Section 3 (a), RA
9262).
(c) Prostituting the woman
or child.
● "Children" refers to those below eighteen (18) years of age or
"Psychological violence" older but are incapable of taking care of themselves as defined
refers to acts or omissions under RA 7610. As used in RA 9262, it includes the biological
causing or likely to cause children of the victim and other children under her care
mental or emotional (Section 3 (h), RA 9262).
suffering of the victim such ● "Battery" refers to an act of inflicting physical harm upon
as but not limited to: the woman or her child resulting to the physical and
(a) intimidation, psychological or emotional distress (Section 3 (b), RA 9262).
(b) harassment, ● "Stalking" refers to an intentional act committed by a person
(c) stalking, who, knowingly and without lawful justification follows the
(d) damage to property, woman or her child or places the woman or her child under
(e) public ridicule or surveillance directly or indirectly or a combination thereof
humiliation, (Section 3 (d), RA 9262).
(f) repeated verbal abuse ● "Dating relationship" refers to a situation wherein the
and mental infidelity. parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a
It includes causing or continuing basis during the course of the relationship.
allowing the victim to ● A casual acquaintance or ordinary socialization between two
witness the physical, sexual individuals in a business or social context is not a dating
or psychological abuse of a relationship (Section 3 (e), RA 9262).
member of the family to ● "Sexual relations" refers to a single sexual act which may or
which the victim belongs, or may not result in the bearing of a common child.
to witness pornography in Dating relationship and sexual relations, distinguished
any form or to witness ● To be "romantically involved” under the meaning of RA 9262
abusive injury to pets or to does not necessarily require the existence of sexual relations,
unlawful or unwanted as the law uses the word "romance" to describe a couple's
deprivation of the right to relationship, i.e., a "love affair" (Ang v. Court of Appeals, G.R. No.
custody and/or visitation of 182835 (2010) [Per J. Abad, Second Division]).
common children. Specific acts of violence
● The crime of violence against women and their children is
"Economic abuse" refers to committed through any of the following acts:
acts that make or attempt to (a) Threatening, attempting, or causing physical harm to
make a woman financially the woman or her child;
dependent which includes, (b) Placing the woman or her child in fear of imminent
but is not limited to the physical harm;
following: (c) Attempting to compel or compelling the woman or
her child to engage in conduct which the woman or
(1) withdrawal of financial her child has the right to desist from or desist from
support or preventing the conduct which the woman or her child has the right
victim from engaging in any to engage in, or attempting to restrict or restricting
legitimate profession, the woman's or her child's freedom of movement or
occupation, business or conduct by force or threat of force, physical or other
activity, except in cases harm or threat of physical or other harm, or
wherein the other intimidation directed against the woman or child.
spouse/partner objects on This shall include, but not limited to, the following
valid, serious and moral acts committed with the purpose or effect of
grounds as defined in controlling or restricting the woman's or her child's
Article 73 of the Family movement or conduct:
Code; (i) Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
(2) deprivation or threat of (ii) Depriving or threatening to deprive the woman or
deprivation of financial her children of financial support legally due her or her
resources and the right to family, or deliberately providing the woman's children
the use and enjoyment of insufficient financial support;
22
(iii) Depriving or threatening to deprive the woman or (b) Parents or guardians of the offended party;
her child of a legal right; (c) Ascendants, descendants or collateral relatives within
(iv) Preventing the woman in engaging in any the fourth civil degree of consanguinity or affinity;
legitimate profession, occupation, business or activity (d) Officers or social workers of the DSWD or social
or controlling the victim's own money or properties, workers of local government units (LGUs);
or solely controlling the conjugal or common money, (e) Police officers, preferably those in charge of women
or properties; and children's desks;
(d) Inflicting or threatening to inflict physical harm on (f) Punong Barangay or Barangay Kagawad;
oneself for the purpose of controlling her actions or (g) Lawyer, counselor, therapist or healthcare provider of
decisions; the petitioner;
(e) Causing or attempting to cause the woman or her (h) At least two (2) concerned responsible citizens of the
child to engage in any sexual activity which does not city or municipality where the violence against
constitute rape, by force or threat of force, physical women and their children occurred and who has
harm, or through intimidation directed against the personal knowledge of the offense committed.
woman or her child or her/his immediate family; ● The mother of a victim of acts of violence against women
(f) Engaging in purposeful, knowing, or reckless and their children is expressly given personality by Section 9(b)
conduct, personally or through another, that alarms of RA 9262 to file a civil action petitioning for the issuance of a
or causes substantial emotional or psychological protection order for her child. In filing such a petition, she
distress to the woman or her child, including, but not avails of a remedy that is distinct from the criminal action
limited to the following: under Section 5 of the same law (Pavlow v. Mendenilla, G.R.
(i) Stalking or following the woman or her child in No. 181489 (2017) [Per J. Leonen, Second Division]).
public or private places; Battered woman syndrome as a defense
(ii) Peering in the window or lingering outside the ● Under Section 26 of RA 9262, victim-survivors who are found
residence of the woman or her child; by the courts to be suffering from battered woman syndrome
(iii) Entering or remaining in the dwelling or on the do not incur any criminal and civil liability notwithstanding the
property of the woman or her child against her/his absence of any of the elements for justifying circumstances of
will; self-defense under the RPC.
(iv) Destroying the property and personal belongings Phases of battered woman syndrome
or inflicting harm to animals or pets of the woman or ● In People v. Genosa (G.R. No. 135981 (2004) [Per J.
her child; and Panganiban, En Banc]), the Court expounded on the various
(v) Engaging in any form of harassment or violence; phases of the battered woman syndrome and its effects:
(g) Causing mental or emotional anguish, public ridicule
or humiliation to the woman or her child, including, Phase Effect
but not limited to, repeated verbal and emotional
abuse, and denial of financial support or custody of Tension-building phase Minor battering occurs -- it
minor children of access to the woman's could be verbal or slight
child/children (Section 5, RA 9262). physical abuse or another
● For a conviction under RA 9262 can be had, a single act of form of hostile behavior. The
harassment, which translates into violence, would be enough. woman usually tries to
The object of the law is to protect women and children. pacify the batterer through
Punishing only violence that is repeatedly committed would a show of kind, nurturing
license isolated ones (Ang v. Court of Appeals, G.R. No. 182835 behavior; or by simply
(2010) [Per J. Abad, Second Division]). staying out of his way since
Protection orders all she wants is to prevent
● A protection order is an order issued under this act for the the escalation of the
purpose of preventing further acts of violence against a violence exhibited by the
woman or her child specified in Section 5 and granting other batterer.
necessary relief (Section 8, RA 9262).
● The dismissal of a complaint-affidavit before the City Acute battering incident Characterized by brutality,
Prosecutor for physical injuries does not operate as a bar for destructiveness and,
the filing of a petition for the issuance of a protection order, sometimes, death. During
since the function of the City Prosecutor is executive in nature this phase, she has no
while the issuance of a protection order is judicial. Hence, control; only the batterer
there can be no double jeopardy (Pavlow v. Mendenilla, G.R. may put an end to the
No. 181489 (2017) [Per J. Leonen, Second Division]). violence. The battered
● Protection orders may be filed against the parents-in-law of woman usually realizes that
the victim, who are in conspiracy with the batterer, since she cannot reason with him,
Sections 5 (h) and 8 states that said acts of violence may be and that resistance would
done through another (Go-Tan v. Tan, G.R. No. 168852 (2008) only exacerbate her
[Per J. Austria-Martinez, Third Division]). condition. At this stage, she
Kinds of protection orders has a sense of detachment
● The kinds of protection orders are: from the attack and the
(a) Barangay Protection Order (BPO); terrible pain. Her reason for
(b) Temporary Protection Order (TPO); and her passivity is that the
(c) Permanent Protection Order (PPO) (Section 8, RA batterer is almost always
9262). much stronger physically,
Who may file a petition for issuance of protection order and she knows from her
● Under Section 9 of RA 9262, a petition for protection order past painful experience that
may be filed by any of the following: it is futile to fight back.
(a) The offended party;
23
(c) requires -
Tranquil phase The couple experience any sexual favor from the other, regardless of whether
profound relief. On the one the demand, request or requirement for submission is
hand, the batterer may accepted (Section 3, RA 7877).
show a tender and Punishable acts
nurturing behavior towards
his partner. He knows that In a work-related or The sexual favor is made as a
he has been viciously cruel employment environment, condition in the hiring or in
and tries to make up for it, sexual harassment is the employment,
begging for her forgiveness committed when - re-employment or
and promising never to beat continued employment of
her again. On the other said individual, or in
hand, the battered woman granting said individual
also tries to convince herself favorable compensation,
that the battery will never terms of conditions,
happen again. promotions, or privileges; or
the refusal to grant the
sexual favor results in
● Note: In People v. Genosa, the Court noted that there must limiting, segregating or
be two battering episodes before the victim’s act of killing the classifying the employee
batterer may be justified by the battered woman syndrome. which in any way would
However, in view of Section 26, which states, in part, that those discriminate, deprive
who suffer from BWS is exempted from criminal liability ordiminish employment
“notwithstanding the absence of any of the elements for opportunities or otherwise
justifying circumstances of self-defense under the Revised adversely affect said
Penal Code.” As such, Section 26 modified the ruling in employee;
Genosa, and the two-battering episode rule is now overturned
(Boado, p. 281). The above acts would impair
Conspiracy, applicable in RA 9262 the employee's rights or
● Legal principles developed from the Penal Code may be privileges under existing
applied in a supplementary capacity to crimes punished under labor laws; or
special laws, such as RA 9262, in which the special law is silent
on a particular matter. Thus, the principle of conspiracy may The above acts would result
be applied to RA 9262 (Go-Tan v. Tan, G.R. No. 168852 (2008) in an intimidating, hostile, or
[Per J. Austria-Martinez, Third Division]). offensive environment for
Absorption rule the employee (Section 3 (a),
● If the acts found in Section 5 results to attempted, frustrated RA 7877).
or consummated parricide or murder or homicide, it shall be
punished in accordance with the provisions of the RPC
In an education or training Against one who is under
(Section 6 (a), RA 9262).
environment, sexual the care, custody or
RPC principles applicable
harassment is committed - supervision of the offender;
● The appreciation of circumstances affecting criminal liability
and the Indeterminate Sentence Law, and other RPC
Against one whose
principles applies in cases arising from a violation of RA 9262,
education, training,
as amended, since it uses the technical nomenclature of the
apprenticeship or tutorship
penalties found in the RPC (People v. Simon, G.R. No. 93028
is entrusted to the offender;
(1994) [Per J. Regalado, En Banc]).
When the sexual favor is
ANTI-SEXUAL HARASSMENT ACT OF 1995
made a condition to the
(Republic Act No. 7877)
giving of a passing grade, or
the granting of honors and
Work-related, education, or training-related sexual
scholarships, or the
harassment, defined
payment of a stipend,
● Work, education or training-related sexual harassment is
allowance or other benefits,
committed by an:
privileges, or consideration;
(a) Employer;
or
(b) Employee;
(c) Manager;
When the sexual advances
(d) Supervisor;
result in an intimidating,
(e) Agent of the employer;
hostile or offensive
(f) Teacher;
environment for the
(g) Instructor;
student, trainee or
(h) Professor;
apprentice (Section 3 (b), RA
(i) Coach;
7877).
(j) Trainor; or
(k) Any other person -
who, having authority, influence or moral ascendancy Elements of work-related sexual harassment
over another in a work or training or education environment - ● The elements of Section 3 (a) are as follows:
(a) demands; (a) Authority, influence or moral ascendancy of the
(b) requests; or employer;
24
(b) The authority, influence or moral ascendancy exists in or circumstances in which a reasonable person would believe
a working environment; and that a private area of the person would not be visible to the
(c) Demand, request or requirement of a sexual favor public, regardless of whether that person is in a public or
(Boado, p. 284). private place (Section 3 (f), RA 9995).
Request or demand of sexual favor may be implied Punishable acts
● It is true that Section 3, RA 7877 calls for a "demand, request ● Section 4 of RA 9995 punishes the following acts:
or requirement of a sexual favor." But it is not necessary that (a) To take photo or video coverage of a person or group
the demand, request or requirement of a sexual favor be of persons performing sexual act or any similar
articulated in a categorical oral or written statement. It may be activity or to capture an image of the private area of a
discerned, with equal certitude, from the acts of the offender person/s such as the naked or undergarment clad
(Domingo v. Rayala, G.R. No. 155831 (2008) [Per J. Nachura, genitals, public area, buttocks or female breast
Third Division]). without the consent of the person/s involved and
No appointing power of the accused is required under circumstances in which the person/s has/have
● Even if the accused has no appointing power, if his a reasonable expectation of privacy;
recommendation to the appointing authority would carry (b) To copy or reproduce, or to cause to be copied or
good weight in the victim's application, he may be liable under reproduced, such photo or video or recording of
RA 7877 for his subsequent act constituting sexual harassment sexual act or any similar activity with or without
(Jacutin v. People, G.R. No. 140604 (2002) [Per J. Vitug, Third consideration;
Division]). (c) To sell or distribute, or cause to be sold or distributed,
Duty of the employer or head of office in a work-related, such photo or video or recording of sexual act,
education or training environment whether it be the original copy or reproduction
● The employer or the head of the work-related, educational or thereof; or
training environment or institution has the duty of preventing (d) To publish or broadcast, or cause to be published or
or deterring the commission of acts of sexual harassment and broadcast, whether in print or broadcast media, or
to provide the procedures for the resolution, settlement or show or exhibit the photo or video coverage or
prosecution of acts of sexual harassment (Section 4, RA 7877). recordings of such sexual act or any similar activity
Principal by inducement and accomplice, liable through VCD/DVD, internet, cellular phones and
● Any person who directs or induces another to commit any other similar means or device.
act of sexual harassment or who cooperates in the Permission to record does not equate to permission to sell
commission thereof by another without which it would not or publish
have been committed, shall also be held liable under RA 7877 ● The prohibition to copy, reproduce, sell, distribute, publish or
(Section 3, RA 7877). broadcast shall apply even if the parties or any of them
Applicability of RPC principles consented to the recording or taking photo or video coverage
● Since RA 7877 does not adopt the technical nomenclature of of the same (Section 3, RA 9995).
penalties in the RPC, the Indeterminate Sentence Law and the Absorption rule
appreciation of circumstances affecting criminal liability shall ● If the acts mentioned in Section 4 result in another offense
not apply to cases involving carnapping (People v. Simon, G.R. punishable in the RPC, the offender may be indicted for two or
No. 93028 (1994) [Per J. Regalado, En Banc]). more crimes (Boado, p. 289).
● Example: the publishing or showing of the recorded
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 materials is also punishable under Article 201 (2) (b) of the RPC
(Republic Act No. 9995) for indecent shows. Hence, the offender may be liable under
Section 4 of RA 9995 and Article 201 (2) (b) of the RPC.
Key terms When participant records the sexual act
● "Broadcast" means to make public, by any means, a visual ● A participant in the sexual act who records the same without
image with the intent that it be viewed by a person or persons the consent of the other partner should also be liable because
(Section 3 (a), RA 9995). the law proscribes the act of “any person” who could be a
● "Capture" with respect to an image, means to videotape, participant therein (Boado, p. 289).
photograph, film, record by any means, or broadcast (Section 3 Peeping tom
(b), RA 9995). ● Peeping toms or those who derive sexual pleasure from
● "Photo or video voyeurism" means the act of: secretly watching people undressing or engaging in sexual
(a) taking photo or video coverage of a person or activity (in tagalog, mamboboso!) is not covered by the law,
group of persons performing sexual act or any similar since what the law punishes are the capturing, photographing,
activity, or recording or copying of sexual acts or private parts (Boado, pp.
(b) capturing an image of the private area of a person 289-290).
or persons without the latter's consent under Applicability of RPC principles
circumstances in which such person/s has/have a ● Since RA 9995 does not adopt the technical nomenclature of
reasonable expectation of privacy, or penalties in the RPC, the Indeterminate Sentence Law and the
(c) the act of selling, copying, reproducing, appreciation of circumstances affecting criminal liability shall
broadcasting, sharing, showing or exhibiting the not apply to cases involving carnapping (People v. Simon, G.R.
photo or video coverage or recordings of such sexual No. 93028 (1994) [Per J. Regalado, En Banc]).
act or similar activity through VCD/DVD, internet,
cellular phones and similar means or device without ANTI-CHILD PORNOGRAPHY ACT OF 2009
the written consent of the person/s involved, (Republic Act No. 9775)
notwithstanding that consent to record or take photo
or video coverage of same was given by such person's Key terms
(Section 3 (d), RA 9995). ● "Child" refers to a person below eighteen (18) years of age or
● "Under circumstances in which a person has a over, but is unable to fully take care of himself/herself from
reasonable expectation of privacy" means believe that abuse, neglect, cruelty, exploitation or discrimination because
he/she could disrobe in privacy, without being concerned that of a physical or mental disability or condition. It also includes:
an image or a private area of the person was being captured;
25
(a) A person regardless of age who is presented, (h) To engage in the luring or grooming of a child;
depicted or portrayed as a child; (i) To engage in pandering of any form of child
(b) Computer-generated, digitally or manually crafted pornography;
images or graphics of a person who is represented or (j) To willfully access any form of child pornography;
who is made to appear to be a child (Section 3 (a), RA (k) To conspire to commit any of the prohibited acts
9775). stated in Section 4 of RA 9775;
● "Child pornography" refers to any representation, whether (l) To possess any form of child pornography (Section 4,
visual, audio, or written combination thereof, by electronic, RA 9775).
mechanical, digital, optical, magnetic or any other means, of Conspiracy
child engaged or involved in real or simulated explicit sexual ● Conspiracy to commit any form of child pornography shall be
activities (Section 3 (b), RA 9775) committed when two (2) or more persons come to an
.● "Explicit Sexual Activity" includes actual or simulated - agreement concerning the commission of any of the said
(1) As to form: prohibited acts and decide to commit it (Section 4 (k), RA
(i) sexual intercourse or lascivious act including, but 9775).
not limited to, contact involving genital to genital, Syndicated child pornography
oral to genital, anal to genital, or oral to anal, whether ● The crime of child pornography is deemed committed by a
between persons of the same or opposite sex; syndicate if carried out by a group of three (3) or more persons
(2) bestiality; conspiring or confederating with one another (Section 5, RA
(3) masturbation; 9775).
(4) sadistic or masochistic abuse; Child pornography as a transnational crime
(5) lascivious exhibition of the genitals, buttocks, breasts, pubic ● Pursuant to the Convention on Transnational Organized
area and/or anus; or Crime, the DOJ may execute the request of a foreign state for
(6) use of any object or instrument for lascivious acts (Section 3 assistance in the investigation or prosecution of any form of
(c), RA 9775). child pornography by:
● "Grooming" refers to the act of preparing a child or someone (a) Conducting a preliminary investigation against the
who the offender believes to be a child for sexual activity or offender and, if appropriate, to file the necessary
sexual relationship by communicating any form of child charges in court;
pornography. It includes online enticement or enticement (b) Giving information needed by the foreign state; and
through any other means (Section 3 (h), RA 9775). (c) To apply for an order of forfeiture of any proceeds or
● "Luring" refers to the act of communicating, by means of a monetary instrument or properly located in the
computer system, with a child or someone who the offender Philippines used in connection with child
believes to be a child for the purpose of facilitating the pornography in the court (Section 22, RA 9775).
commission of sexual activity or production of any form of RPC principles applicable
child pornography (Section 3 (i), RA 9775). ● The appreciation of circumstances affecting criminal liability
● "Pandering" refers to the act of offering, advertising, and the Indeterminate Sentence Law, and other RPC
promoting, representing or distributing through any means principles applies in cases arising from a violation of RA 9775,
any material or purported material that is intended to cause as amended, since it uses the technical nomenclature of the
another to believe that the material or purported material penalties found in the RPC (People v. Simon, G.R. No. 93028
contains any form of child pornography, regardless of the (1994) [Per J. Regalado, En Banc]).
actual content of the material or purported material (Section 3
(j), RA 9775). SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE,
Punishable acts EXPLOITATION, AND DISCRIMINATION ACT
.● RA 9775 punishes the following acts: (Republic Act No. 7610)
(a) To hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of any Children, defined
form of child pornography; ● "Children" refers to person below eighteen (18) years of age or
(b) To produce, direct, manufacture or create any form of those over but are unable to fully take care of themselves or
child pornography; protect themselves from abuse, neglect, cruelty, exploitation
(c) To publish offer, transmit, sell, distribute, broadcast, or discrimination because of a physical or mental disability or
advertise, promote, export or import any form of child condition (Section 3 (a), RA 7610).
pornography; Child prostitution and other sexual abuse
(d) To possess any form of child pornography with the ● Children, whether male or female, who for money, profit, or
intent to sell, distribute, publish, or broadcast. any other consideration or due to the coercion or influence of
Possession of three (3) or more articles of child any adult, syndicate or group, indulge in sexual intercourse or
pornography of the same form shall be prima facie lascivious conduct, are deemed to be children exploited in
evidence of the intent to sell, distribute, publish or prostitution and other sexual abuse (Section 5, RA 7610).
broadcast; Punishable acts
(e) To knowingly, willfully and intentionally provide a ● Under Section 5 of RA 7610, the following acts are
venue for the commission of prohibited acts as, but punishable:
not limited to, dens, private rooms, cubicles, cinemas, (a) Those who engage in or promote, facilitate or induce
houses or in establishments purporting to be a child prostitution which include, but are not limited
legitimate business; to, the following:
(f) For film distributors, theaters and telecommunication (i) Acting as a procurer of a child prostitute;
companies, by themselves or in cooperation with (ii) Inducing a person to be a client of a child
other entities, to distribute any form of child prostitute by means of written or oral
pornography; advertisements or other similar means;
(g) For a parent, legal guardian or person having custody (iii) Taking advantage of influence or
or control of a child to knowingly permit the child to relationship to procure a child as prostitute;
engage, participate or assist in any form of child (iv) Threatening or using violence towards a
pornography; child to engage him as a prostitute; or
26
(v) Giving monetary consideration, goods or junior in any public or private place, hotel, motel, beer
other pecuniary benefit to a child with joint, discotheque, cabaret, pension house, sauna or
intent to engage such child in prostitution. massage parlor, beach and/or other tourist resort or
(b) Those who commit the act of sexual intercourse of similar places;
lascivious conduct with a child exploited in (c) Inducing, delivering or offering a minor to any one
prostitution or subject to other sexual abuse. When prohibited by RA 7610 to keep or have in his company
the victim is under twelve (12) years of age, the a minor;
perpetrators shall be prosecuted under Article 266-B, (d) Allowing any person to take along with him a child to
for rape, and Article 336 of the RPC for rape or any public or private place of accommodation,
lascivious conduct, as the case may be; and whether for occupancy, food, drink or otherwise,
(c) Those who derive profit or advantage therefrom, including residential places, when he is the owner,
whether as manager or owner of the establishment manager or one entrusted with the operation of such
where the prostitution takes place, or of the sauna, places;
disco, bar, resort, place of entertainment or (e) Using, coercing, forcing, or intimidating a street child
establishment serving as a cover or which engages in or any other child to:
prostitution in addition to the activity for which the (i) Beg or use begging as a means of living;
license has been issued to said establishment. (ii) Act as conduit or middlemen in drug
Elements of Section 3 (a) trafficking or pushing; or
● The following are elements of Section 3 (a): (iii) Conduct any illegal activities.
(a) The accused engages in, promotes, facilitates or Intent must be to debase or demean dignity of child
induces child prostitution; ● Not every instance of the laying of hands on a child
(b) The act is done through, but not limited to, the constitutes the crime of child abuse under Section 10 (a) of RA
means mentioned in Section 3 (a); 7610. Only when the laying of hands is shown beyond
(c) The child is exploited or intended to be exploited in reasonable doubt to be intended by the accused to debase,
prostitution; and degrade or demean the intrinsic worth and dignity of the child
(d) The child, whether male or female, is below 18 years of as a human being should it be punished as child abuse.
age. Otherwise, it is punished under the RPC (Bongalon v. People,
Elements of Section 3 (b) G.R. No. 169533 (2013) [Per J. Bersamin, First Division]).
● The following are elements of Section 3 (b): RPC principles applicable
(a) Accused commits the act of sexual intercourse or ● The appreciation of circumstances affecting criminal liability
lascivious conduct; and the Indeterminate Sentence Law, and other RPC
(b) The act is performed with a child exploited in principles applies in cases arising from a violation of RA 9775,
prostitution or subjected to other sexual abuse; and as amended, since it uses the technical nomenclature of the
(c) The child, whether male or female, is below 18 years of penalties found in the RPC (People v. Simon, G.R. No. 93028
age. (1994) [Per J. Regalado, En Banc]).
Rape under Article 266-A of RPC distinguished from Child
Abuse under Section 5 (b) of RA 7610 /lvj
dlsu college of law
Rape under Art. 266-A (1) Child abuse under Section
(a, b, c), RPC 5 (b) of RA 7610
27