Ateneo de Manila University

REVIEWER IN Law school is tough enough as it is. Let’s lift each

other up. A candle loses nothing by lighting another
SPECIAL PENAL LAWS candle.
---
It’s not about the big things that you do the week or
the night before the exams, but the little things that
you do patiently and consistently every day.

JOANNE MARIE R. VALLES, CPA

- Joval

References:
1. Relevant laws
2. Cases from the Syllabus of Atty. Axel Rupert Cruz PAY IT FORWARD.

Last Edit: 11 September 2022

 Table of Contents
PRELIMINARIES............................................................................................................................................................................... 1
ANTI- CHILD PORNOGRAPHY ACT OF 2009 ...................................................................................................................................... 3
ANTI-FENCING ACT ......................................................................................................................................................................... 6
ANTI-GRAFT AND CORRUPT PRACTICES ACT ................................................................................................................................... 9
ANTI-HAZING ACT ......................................................................................................................................................................... 12
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009...................................................................................................................... 17
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER ....................................................................................................... 18
ANTI-TORTURE ACT ...................................................................................................................................................................... 20
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 ............................................................................................................................... 23
VIOLENCE AGAINST WOMEN AND CHILDREN ................................................................................................................................ 27
ANTI-WIRE TAPPING ACT .............................................................................................................................................................. 31
ANTI-BOUNCING CHECKS LAW ...................................................................................................................................................... 33
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 .................................................................................................................... 36
CYBERCRIME PREVENTION ACT OF 2012 ....................................................................................................................................... 46
NEW ANTI-CARNAPPING ACT OF 2016 .......................................................................................................................................... 49
CHILD ABUSE ................................................................................................................................................................................ 52
INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING OR ESTAFA................................................................................ 58
INDETERMINATE SENTENCE LAW .................................................................................................................................................. 59
PROBATION LAW OF 1976 ............................................................................................................................................................ 61
PROHIBITION OF DEATH PENALTY ................................................................................................................................................ 63
PRESCRIPTION .............................................................................................................................................................................. 64
JUVENILE JUSTICE AND WELFARE ACT OF 2006 ............................................................................................................................. 65
OBSTRUCTION OF JUSTICE ............................................................................................................................................................ 69
ANTI-SEXUAL HARASSMENT ACT OF 1995 ..................................................................................................................................... 70
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995 ....................................................................................................... 72
ANTI-PIRACY AND ANTI HIGHWAY ROBBERY LAW OF 1974........................................................................................................... 76
ARSON.......................................................................................................................................................................................... 78
FIREARMS AND AMMUNITIONS.................................................................................................................................................... 80
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER PURPOSES .................................................. 89
HUMAN SECURITY ACT OF 2007 .................................................................................................................................................... 90

Last Edit: 11 September 2022

PRELIMINARIES
PRELIMINARIES
MALA IN SE V MALA PROHIBITA
MALA IN SE MALA PROHIBITA
Acts that are naturally Wrongful only because
wrongful/inherently immoral* prohibited by statute
Criminal intent required Criminal intent not required
Serious effects on society as to Violates only rules of
call for unanimous convenience
condemnation
*mala in se even if punishable by special laws/statutes
Legislature may forbid an act regardless of intent. The legislature,
however, may forbid the doing of an act and make its commission a
crime without regard to the intent of the doer, and if such an intention
appears the courts must give it effect although the intention may have
been innocent.
• The one with Estrada’s plunder case; plunder is mala in
se. When the acts punished are inherently immoral or
inherently wrong, they are mala in se and it does not matter
whether the said acts are punished by special law. Estrada v
Sandiganbayan
• Mala prohibita. Proof of malice or deliberate intent (mens
rea) is not essential in offenses punished by special laws, which
are mala prohibita. Padilla v Dizon
• Mala prohibita. An act being mala in se (or mala prohibita)
does not instantly make it a crime involving moral turpitude.
Mere illegality does not mean that the violation involves moral
turpitude. The circumstances of the case must be examined.
Teves v COMELEC
• Mala prohibita. In many crimes, made such by statutory
enactment, the intention of the persons who commits the
crime is entirely immaterial. This is necessarily so. If it were
not, the statute as a deterrent influence would be substantially
worthless. It would be impossible of execution. US v Go Chico
• The one with the medallion; Mala prohibita. Care must be
exercised in distinguishing the difference between the intent to
commit the crime and the intent to perpetrate the act. The
accused did not consciously intend to commit a crime; but he
did intend to commit an act, and that act is, by the very nature
of things, the crime itself — intent and all. The wording of the
law is such that the intent and the act are inseparable. The act
is the crime. In this case, accused intended to put the medallion
1 @thejoannev
ad majorem dei gloriam
on his window. Nothing more is required to commit the crime.
US v Go Chico
• The one with the medallion; Mala prohibita. The act
complained of is itself that which produces the harmful effect
which the statute seeks to avoid. In those cases the harmful
effect is produced with precisely the same force and result
whether the intention of the person performing the act is good
or bad. US v Go Chico
• The one with the multiple currency; mala prohibita.
Hence, malice or willful intent is not a valid defense in a case
for violation of Central Bank Circular No. 96. Padilla v Dizon
• The one with the cockpit; mala prohibita. Conviction for
having a prohibited interest as provided in Section 89 (2) of the
Local Government Code of 1991 which prohibits holding of
such interests in any cockpit or other games licensed by a local
government unit does not automatically mean that the same
involved moral turpitude. Teves v COMELEC
o Moral turpitude vis a vis mala prohibita crimes.
The general rule is that crimes mala in se involve
moral turpitude, while crimes mala prohibita do not.
Moral turpitude implies something immoral in itself,
regardless of the fact that it is punishable by law or
not. Zari v Flores
o Classification as mala in se or prohibita not
always controlling. In the final analysis, whether or
not a crime involves moral turpitude is ultimately a
question of fact and frequently depends on the
circumstances surrounding the violation of the
statute. IRRI v NLRC
• The one with Estrada’s plunder case; plunder is mala in
se. The application of the mitigating and extenuating
circumstances in the RPC to prosecutions under the Anti-
Plunder Law indicates quite clearly that mens rea is an element
of plunder since the degree of responsibility of the offender is
determined by his criminal intent. Estrada v Sandiganbayan
• The one with Estrada’s plunder case; plunder is mala in
se. Any doubt as to whether the crime of plunder is malum in
se must be deemed to have been resolved in the affirmative by
the decision of Congress in 1993 to include it among the
heinous crimes punishable by reclusion perpetua to death. Estrada
v Sandiganbayan
RELATIONSHIP BETEEN SPECIAL PENAL LAWS AND
THE RPC
ARTICLE 10
SPECIAL PENAL LAW
Offenses not subject to the provisions of this Code.
Offenses which are or in the future may be punishable under special
laws are not subject to the provisions of this Code. This Code shall be
supplementary to such laws, unless the latter should specially provide
the contrary.
Ladonga v People
The article [Article 10] is composed of two clauses. The first provides
that offenses which in the future are made punishable under special laws
are not subject to the provisions of the RPC, while the second makes
the RPC supplementary to such laws. While it seems that the two clauses
are contradictory, a sensible interpretation will show that they can
perfectly be reconciled.
• First clause; Special laws controlling. The first clause
should be understood to mean only that the special penal laws
are controlling with regard to offenses therein specially
punished. Said clause only restates the elemental rule of
statutory construction that special legal provisions prevail over
general ones. In fact, the clause can be considered as a
superfluity, and could have been eliminated altogether.
• Second clause; Suppletory character. The second clause
contains the soul of the article. The main idea and purpose of
the article is embodied in the provision that the "code shall be
supplementary" to special laws, unless the latter should
specially provide the contrary.
Suppletory character limits. The suppletory character of the RPC is
applicable only in special penal laws. RPC is not suppletory to laws
which are not penal in nature. Reyes, RPC Book 1
When provisions in RPC do not apply to special laws
1. When there is legal impossibility, either by express provision
or necessary implication, the RPC is not suppletory
2. When the provisions in the special law are different or distinct
to those in the RPC, and when the former contains no
reference to the latter, the latter is not suppletory
3. Rules regarding frustrated, attempted, and consummated
felonies do not apply to offenses governed by special laws.
• In order that a crime may be punished in case its
commission reached only the attempted or frustrated
stage of execution, the special law has to fix a penalty for
it.
• When a special law covers the mere attempt to commit
the crime defined by it, the attempted stage is punishable
by the penalty provided by that law
JO VALLES
PRELIMINARIES ad majorem dei gloriam SPECIAL PENAL LAW
4. Mitigating or aggravating circumstances not applied to o [While it is true that the penalty of 14 years and
offenses punishable under special laws. 8 months to 17 years and 4 months is virtually
• Example: voluntary plea of guilt not a mitigating equivalent to the minimum period of reclusion
circumstance under special laws temporal, such technical term under the RPC is
5. When the special law adopted penalties from the RPC, the not given to that penalty for carnapping]
rules for graduating penalties by degrees or determining the • The one with the TPO. R.A. No. 9262 expressly
proper period should be applied.
provides for the suppletory application of the RPC.
6. There are no accessory penalties unless the special law provides
it. Hence, the principle of conspiracy under Article 8 of the
RPC may be applied suppletorily to R.A. No. 9262. Go-
• The one with the hitting of the child. Where the special Tan v Tan
law adopted penalties from the Revised Penal Code, the
rules in the Revised Penal Code for graduating penalties
by degrees or determining the proper period should be
applied the Indeterminate Sentence Law will apply just as
it would in felonies. Sanchez v People
• The one with the illegal recruiter. In imposing the
penalty, the provisions of the Revised Penal Code on the
application of the circumstances that could modify the
criminal liability of an accused cannot be considered, these
provisions being inapplicable to special laws. People v Saley
• The one with the bouncing checks. BP 22 does not
expressly proscribe the suppletory application of the
provisions of the RPC. Thus, in the absence of contrary
provision in BP 22, the general provisions of the RPC
which, by their nature, are necessarily applicable, may be
applied suppletorily. Hence, principles regarding
conspiracy are applicable to BP 22 cases. Ladonga v People
• The one with the carnapping. The suppletory effect of
the Revised Penal Code to special laws, as provided in
Article 10 of said Code, cannot be invoked when there is
a legal impossibility of application, either by express
provision or by necessary implication. People v Bustinera
• The one with the carnapping. Moreover, when the
penalties under the special law are different from and are
without reference or relation to those under the Revised
Penal Code, there can be no suppletory effect of the rules,
for the application of penalties under the said Code or by
other relevant statutory provisions are based on or
applicable only to said rules for felonies under the Code.
People v Bustinera
• The one with the carnapping. The anti-carnapping law
provides for its own penalties which are distinct and
without reference to the said Code. People v Bustinera

2 @thejoannev JO VALLES
ANTI-CHILD PORNOGRAPHY ACT
ANTI- CHILD PORNOGRAPHY ACT
OF 2009
RA 9775
Page 943
Section 3
Definition of terms
1. Child
a. A person below eighteen (18) years of age or over but
is unable to fully take care of himself/herself or
protect himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical
or mental disability or condition.
b. A person regardless of age who is presented, depicted
or portrayed as a child as defined
c. Computer-generated, digitally or manually crafted
images or graphics of a person who is represented or
who is made to appear to be a child as defined herein.
2. Child Pornography. This refers to any representation,
whether visual, audio or written combination thereof, by
electronic, mechanical, digital, optical, magnetic or any other
means, of a child engaged or involved in real or simulated
explicit sexual activities.
3. Explicit sexual activity. This includes actual or simulated:
a. Sexual intercourse or lascivious act including, but not
limited to, contact involving genital to genital, oral to
genital, anal to genital, or oral to anal whether
between persons of the same or opposite sex
b. Bestiality;
c. Masturbation;
d. Sadistic or masochistic abuse;
e. Lascivious exhibition of the genitals, buttocks,
breasts, pubic area and/or anus; or
f. Use of any object or instrument for lascivious acts.
4. Grooming. This refers to the act of preparing a child or
someone who the offender believes to be a child for a sexual
activity or sexual relationship by communicating any form of
child pornography.
o It includes online enticement or enticement through
any other means.
3 @thejoannev
ad majorem dei gloriam
5. Luring. This refers to the act of communicating, by means of
a computer system, with a child or someone who the offender
believes to be a child for the purpose of facilitating the
commission of a sexual activity or production of any form of
child pornography.
6. Pandering. This refers to the act of offering, advertising,
promoting, representing or distributing through any means any
material or purported material that is intended to cause another
to believe that the material or purported material contains any
form of child pornography, regardless of the actual content of
the material or purported material.
Section 4
Unlawful or prohibited acts
It shall be unlawful for any person:
a. To hire, employ, use, persuade, induce or coerce a child to
perform in the creation or production of any form of child
pornography;
b. To produce, direct, manufacture or create any form of child
pornography;
c. To publish, offer, transmit, sell, distribute, broadcast, advertise,
promote, export or import any form of child pornography;
d. To possess any form of child pornography with the intent to
sell, distribute, publish or broadcast:
a. Presumption of intent to sell. Possession of three
(3) or more articles of child pornography of the same
form shall be prima facie evidence of the intent to
sell, distribute, publish or broadcast;
e. To knowingly, willfully and intentionally provide a venue for
the commission of prohibited acts such as, but not limited to,
dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business
f. For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other entities,
to distribute any form of child pornography;
g. For a parent, legal guardian or person having custody or
control of a child to knowingly permit the child to engage,
participate or assist in any form of child pornography;
h. To engage in the luring or grooming of a child;
i. To engage in pandering of any form of child pornography;
j. To willfully access any form of child pornography;
k. To conspire to commit any of the prohibited acts stated in this
section.
SPECIAL PENAL LAW
a. Conspiracy. Conspiracy to commit any form of
child pornography shall be committed when two (2)
or more persons come to an agreement concerning
the commission of any of the said prohibited acts and
decide to commit it;
l. To possess any form of child pornography.
Section 5
Syndicated child pornography
The crime of child pornography is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring or
confederating with one another and shall be punished under Section 15
(a) of this Act.
Section 6
Who may file a complaint
Complaints on cases of any form of child pornography and other
offenses punishable under this Act may be filed by the following:
1. Offended party;
2. Parents or guardians;
3. Ascendant or collateral relative within the third degree of
consanguinity;
4. Officer, social worker or representative of a licensed child-
caring institution;
5. Officer or social worker of the Department of Social Welfare
and Development (DSWD);
6. Local social welfare development officer;
7. Barangay chairman; (h) Any law enforcement officer;
8. At least three (3) concerned responsible citizens residing in the
place where the violation occurred; or
9. Any person who has personal knowledge of the circumstances
of the commission of any offense under this Act.
Section 8
Jurisdiction
Jurisdiction over cases for the violation of this Act shall be vested in the
Family Court which has territorial jurisdiction over the place where the
offense or any of its essential elements was committed pursuant to
Republic Act No. 8369, otherwise known as "Family Courts Act of
1997".
Sections 9, 10, and 11
JO VALLES
ANTI-CHILD PORNOGRAPHY ACT
Duties of an internet service provider, mall owners/operators and
owners or lessors of other business establishments; internet
content host
Internet service provider
Mall owners/operators and
owners or lessors of other
business establishments
4 @thejoannev
Notify the PNP or the NBI
within 7 days from obtaining
facts and circumstances that any
form of child pornography is
being committed using its server
or facility.
Preserve such evidence for
purposes of investigation or
prosecution by relevant
authorities
Upon the request of proper
authorities, furnish the
particulars of users who gained
or attempted to gain access to an
internet address which contains
any form of child pornography
Install available technology,
program or software to ensure
that access to or transmittal of
any form of child pornography
will be blocked or filtered
Notify the PNP or the NBI
within seven (7) days from
obtaining facts and
circumstances that child
pornography is being committed
in their premises
Conclusive presumption of
knowledge. That public display
of any form of child
pornography within their
premises is a conclusive
presumption of the knowledge
of the mall owners/operators
and owners or lessors of other
business establishments of the
violation of this Act
ad majorem dei gloriam
Internet content host
Disputable presumption. That
a disputable presumption of
knowledge by mall
owners/operators and owners or
lessors of other business
establishments is established if,
through the exercise of ordinary
diligence, mall owners/operators
and owners or lessors of other
business establishments should
know or reasonably know that a
violation of this Act is being
committed in their premises.
Photo developers, information
technology professionals, credit
card companies and banks and
any person who has direct
knowledge of any form of child
pornography activities shall have
the duty to report any suspected
child pornography materials or
transactions to the proper
authorities within seven (7) days
from discovery thereof
Within seven (7) days, report the
presence of any form of child
pornography, as well as the
particulars of the person
maintaining, hosting, distributing
or in any manner contributing to
such internet address, to the
proper authorities;
Preserve such evidence for
purposes of investigation and
prosecution by relevant
authorities
Conclusive presumption of
violation. That the failure of the
internet content host to remove
any form of child pornography
within forty-eight (48) hours
from receiving the notice that
any form of child pornography is
hitting its server shall be
SPECIAL PENAL LAW
conclusive evidence of willful
and intentional violation thereof.
Upon the request of proper
authorities, furnish the
particulars of users who gained
or attempted to gain access to an
internet address that contains
any form of child pornography.
Section 13
Confidentiality
1. Closed-door proceedings. The judge, prosecutor or any
officer of the law to whom the complaint has been referred to
may, whenever necessary to ensure a fair and impartial
proceeding and after considering all circumstances for the best
interest of the child, conduct a closed-door investigation,
prosecution or trial.
2. Non-disclosure of info. The name and personal
circumstances of the child, including the child's immediate
family, or any other information tending to establish his/her
identity shall not be disclosed to the public
3. Limited release of records. Any record regarding a child shall
be confidential and kept under seal. Except upon written
request and order of the court, a record shall be released only
to the following:
a. Members of the court staff for administrative use
b. The prosecuting attorney
c. Defense counsel
d. The guardian ad litem
e. Agents of investigating law enforcement agencies;
and
f. Other persons as determined by the court.
4. Protective order. Any form of child pornography that is part
of the court records shall be subject to a protective order.
a. Any form of child pornography may be viewed only
by the parties, their counsel, their expert witness and
guardian ad litem
b. Neither form of child pornography nor any portion
thereof shall be divulged to any other person, except
as necessary for investigation, prosecution or trial;
c. No person shall be granted access to any form of
child pornography or any part thereof unless he/she
signs a written affirmation that he/she has received
JO VALLES
ANTI-CHILD PORNOGRAPHY ACT
and read a copy of the protection order; that he/she
submits to the jurisdiction of the court with respect
to the protective order; and that, in case of violation
thereof, he/she will be subject to the contempt
power of the court;
5. Non-publication. In cases when prosecution or trial is
conducted behind closed doors, it shall be unlawful for the xxx
any person utilizing the tri-media facilities or information
technology to publish or broadcast the names of the victims of
any case of child pornography.
Section 16
Common penal provisions
If the offender is a parent, Penalty provided herein shall be
ascendant, guardian, step-parent in its maximum duration:
or collateral relative within the
third degree of consanguinity or But this provision shall not apply
affinity or any person having to Section 4 (g) of this Act;
control or moral ascendancy
over the child,
If the offender is a juridical Penalty shall be imposed upon
person the owner, manager, partner,
member of the board of
directors and/or any responsible
officer who participated in the
commission of the crime or shall
have knowingly permitted or
failed to prevent its commission;
If the offender is a foreigner He/she shall be immediately
deported after the complete
service of his/her sentence and
shall forever be barred from
entering the country; and
If the offender is a public officer The penalty provided for in this
or employee Act shall be imposed in its
maximum duration
ad majorem dei gloriam SPECIAL PENAL LAW
Exception: If they are the property of a third person not liable for the
unlawful act.
Damages. All awards for damages shall be taken from the personal and
separate properties of the offender.
1. If such properties are insufficient, the deficiency shall be taken
from the confiscated and forfeited proceeds, tools and
instruments
Special account of DSWD. All proceeds derived from the sale of
properties used for the commission of any form of child pornography
shall accrue to the special account of the DSWD which shall be used
exclusively for the proper implementation of this Act.
When offender shall pay the amount of proceeds. The offender shall
be ordered to pay the amount equal to the value of the proceeds, tools
and instruments used in the commission of the offense:
1. When the proceeds, tools and instruments used in the
commission of the offense have been destroyed, diminished in
value or otherwise rendered worthless by any act or omission,
directly or indirectly, of the offender, or
2. It has been concealed, removed, converted or transferred to
prevent the same from being found or to avoid forfeiture or
confiscation.
Section 27
Suppletory application of the RPC
The RPC shall be suppletorily applicable to this Act.

Section 17
Confiscation and forfeiture of the proceeds, tools, and
instruments used in child pornography
General rule: In addition to the penalty imposed for the violation of
this Act, the court shall order the confiscation and forfeiture in favor of
the government of all the proceeds, tools and instruments used in the
commission of the crime.

5 @thejoannev JO VALLES
ANTI-FENCING ACT
ANTI-FENCING ACT
PD 1612
Anti-fencing law
Page 548 codal
March 2, 1979
FENCING is the act of any person who, with intent to gain for himself
or for another, shall buy, receive, possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he KNOWS, or
SHOULD BE KNOWN TO HIM, to have been derived from the
proceeds of the crime of robbery or theft.
Elements of fencing
1. A crime of robbery or theft has been committed;
2. The accused, who is not a principal or accomplice in the
commission of the crime of robbery or theft, buys, receives,
possesses, keeps, acquires, conceals, sells or disposes, or buys
and sells, or in any manner deals in any article, item, object or
anything of value, which has been derived from the proceeds
of the said crime;
3. The accused knows or should have known that the said article,
item, object or anything of value has been derived from the
proceeds of the crime of robbery or theft; and
4. There is on the part of the accused, intent to gain for himself
or for another.
FENCE includes any person, firm, association corporation or
partnership or other organization who/which commits the act of
fencing.
• Section 4. Liability of Officials of Juridical Persons. If the
fence is a partnership, firm, corporation or association, the
president or the manager or any officer thereof who knows or
should have known the commission of the offense shall be
liable.
Section 5
Presumption of fencing
Mere possession of any good, article, item, object, or anything of value
which has been the subject of robbery or thievery shall be PRIMA
FACIE EVIDENCE OF FENCING.
• Presentation of sales invoice or receipt provides proof of a
legitimate transaction, which is disputable or may still be
rebutted by proving that the transaction is not legitimate.
6 @thejoannev
ad majorem dei gloriam
• Prosecution must prove that the accused knew or should have
known that the item he acquired and later sold was derived
from theft or robbery and theft he intended to obtain some
gain out of his acts.
o Should know denotes the fact that a person of
reasonable prudence and intelligence would ascertain
that such fact exists.
Comparison
THEFT/ROBBERY ANTI-FENCING
Mala in se- hence, good faith may Mala prohibita- good faith may
be raised as a defense not be raised as a defense
When one is convicted, that is, he When one is convicted, he is
possesses a stolen item with convicted as a principal.
knowledge that it was stolen, he
may be convicted as an accessory
(at most).
Notes:
1. Prior to the anti-fencing law, a fence can only be liable as an
accessory, as defined in Article 19.
2. But noting the rampancy of thievery and robbery, and that
such have become profitable on the part of lawless elements,
because of the existence of ready buyers of stolen properties,
PD 1612 was enacted to impose heavier penalties.
3. Hence, the accessory to the crime of robbery and theft can be
prosecuted as such or as principal to the crime of theft under
PD 1612, but not both.
Section 6
Clearance/ permit to sell secondhand articles
All stores, establishments or entities dealing in the buy and sell of any
good, article, item, object, or anything of value obtained from an
unlicensed dealer or supplier thereof, shall before offering the same for
sale to the public, secure the necessary clearance or permit from the
station commander of the PNP in the town or city where such store,
establishment or entity is located.
• Failure to do so. Any person who fails to secure the clearance
or permit required by this section or who violates any of the
provisions of the rules and regulations promulgated thereunder
shall upon conviction be punished as a fence.
Rules and regulations to carry out the provisions of section 6 of
rules and regulations to carry out the provisions of section 6 of
presidential decree no. 1612, known as the anti-fencing law
SPECIAL PENAL LAWS
Used secondhand article shall refer to any goods, article, item, object
or anything of value obtained from an unlicensed dealer or supplier,
regardless of whether the same has actually or in fact been used.
Unlicensed dealer/supplier shall refer to any persons, partnership,
rm, corporation, association or any other entity or establishment not
licensed by the government to engage in the business of dealing in or of
supplying the articles defined in the preceding paragraph.
Store, establishment or entity shall be construed to include any
individual dealing in the buying and selling used secondhand articles, as
defined in paragraph hereof.
Buy and Sell refers to the transaction whereby one purchases used
secondhand articles for the purpose of resale to third persons.
Clearance or permit
No person shall sell or offer to sell to the public any used secondhand
article without first securing a clearance or permit for the purpose from
the proper Station Commander of the Integrated National Police [PNP].
• If the person seeking the clearance or permit is a partnership,
firm, corporation, or association or group of individuals, the
clearance or permit shall be obtained by or in the name of the
president, manager or other responsible officer-in-charge
thereof
• Its branch or subsidiary shall also secure the required clearance
or permit
For the issuance of clearances/permit required under Section 6 of P.D.
No. 1612, no fee shall be charged.
Presumption
Any goods, article, item, or object or anything of value acquired from
any source for which no receipt or equivalent document evidencing the
legality of its acquisition could be presented by the present possessor or
holder thereof, or the covering receipt, or equivalent document, of
which is fake, falsified or irregularly obtained,
• shall be presumed as having been acquired from an unlicensed
dealer or supplier and the possessor or holder thereof must
secure the required clearance or permit before the same can be
sold or offered for sale to the public.
How to establish legitimacy
The Station Commanders shall require the owner of the store in
possession of or having in stock used secondhand articles to submit an
JO VALLES
ANTI-FENCING ACT
initial affidavit within 30 days from receipt of notice for the purpose
thereof and subsequent affidavits once every 15 days within 5 days after
the period covered.
The affidavit shall contain:
1. Inventory of articles acquired daily and names and addresses
from whom they were acquired
2. Full list of articles to be sold or offered for sale as well as the
place where the date when the sale or offer for sale shall
commence
3. Place where the articles are presently deposited or kept in
stock.
Application for clearance or permit
The application shall state:
1. Name, address and other pertinent circumstances of the entity
2. Articles to be sold and name and address of the unlicensed
dealer or supplier from whom such were acquired
3. corresponding receipt or other equivalent document to show
proof of the legitimacy of acquisition of the article
Duty to examine. The Station Commander shall examine the
documents attached to the application and may require the presentation
of other additional documents, if necessary, to show satisfactory proof
of the legitimacy of acquisition of the article, subject to the following
conditions:
Legitimacy cannot be established by documents. If the legitimacy
of acquisition of any article from an unlicensed source cannot be
satisfactorily established by the documents presented, the Station
Commander shall, upon approval of the INP Superintendent in the
district and at the expense of the party seeking the clearance/permit:
1. cause the publication of a notice in a newspaper of general
circulation for two (2) successive days enumerating therein
a. the articles acquired from an unlicensed dealer or
supplier,
b. the names and addresses of the persons from whom
they were acquired and
c. shall state that such articles are to be sold or offered
for sale to the public at the address of the store,
establishment or other entity seeking the
clearance/permit.
2. In places where no newspapers are in general circulation, the
party seeking the clearance or permit shall, instead, post a
7 @thejoannev
ad majorem dei gloriam
notice daily for one week on the bulletin board of the
municipal building of the town where the store, firm,
establishment or entity concerned is located or, in the case of
an individual, where the articles in his possession are to be sold
or offered for sale.
Upon expiration of period of publication. If after 15 days, upon
expiration of the period of publication or of the notice referred to in the
preceding paragraph, no claim is made with respect to any of the articles
enumerated in the notice, the Station Commander shall issue the
clearance or permit sought.
If claim is made. If, before expiration of the same period for
publication of the notice or its posting, it shall appear that any of the
articles in question is stolen property, the Station Commander shall hold
the article in restraint as evidence in any appropriate case to be filed.
• Articles held in restraint shall be kept and disposed of as the
circumstances of each case permit, taking into account all
considerations of right and justice in the case.
• In any case where any article is held in restraint, it shall be the
duty of the Station Commander concerned to advise/notify
the Commission on Audit of the case and comply with such
procedure as may be proper under applicable existing laws,
rules and regulations.
The Station Commander concerned shall, within seventy-two (72) hours
from receipt of the application, act thereon by either issuing the
clearance/permit requested or denying the same. Denial of an
application shall be in writing and shall state in brief the reason/s
therefor.
Visitorial power
By whom. This shall be exercised by the Station Commander or his
authorized representative.
When and how. The power to conduct visitations shall be exercised:
1. only during office or business hours
2. upon authority in writing from and by the INP Superintendent
in the district and
3. 9for the sole purpose of determining whether articles are kept
in possession or stock contrary to the intents of Section 6 of
P.D. No. 1612
Penalties/ Consequences
SPECIAL PENAL LAWS
1. No permit. Any person who fails to secure the clearance or
permit required by Section 6 of P .D. 1612 or who violates any
of the provisions of these rules and regulations shall upon
conviction be punished as a fence.
2. Cancellation of license. The INP Director-General shall
recommend to the proper authority the cancellation of the
business license of the erring individual, store, establishment
or the entity concerned.
3. Obtained from unlicensed source. Articles obtained from
unlicensed sources for sale or offered for sale without prior
compliance with the provisions of Section 6 of P .D. No. 1612
and with these rules and regulations shall be held in restraint
until satisfactory evidence or legitimacy of acquisition has been
established.
4. Legitimacy not established. Articles for which no
satisfactory evidence of legitimacy of acquisition is established
and which are found to be stolen property shall likewise be
held under restraint and shall, furthermore, be subject to
confiscation as evidence in the appropriate case to be filed.
a. If, upon termination of the case, the same is not
claimed by their legitimate owners, the article/s shall
be forfeited in favor of the government and made
subject to disposition.
5. Officer violating rules. Any personnel of the Integrated
National Police found violating the provisions of Section 6 of
P .D. No. 1612 or any of its implementing rules and regulations
or who, in any manner whatsoever, connives with or through
his negligence or inaction makes possible the commission of
such violations by any party required to comply with the law
and its implementing rules and regulations, shall be prosecuted
criminally without prejudice to the imposition of
administrative penalties.
Appeals
Hierarchy from Station Commander:
1. INP District Superintendent
2. INP Director
3. INP Director General
4. Minister of National Defense (final)
Tan v People
The one where theft was not proved because victim did not
complain. Complainant Rosita Lim testified that she lost certain items
and Manuelito Mendez confessed that he stole those items and sold
JO VALLES
ANTI-FENCING ACT
them to Tan. However, Rosita Lim never reported the theft or even loss
to the police. She admitted that after Manuelito Mendez, confessed to
the unlawful taking of the items, she forgave him, and did not prosecute
him. Theft is a public crime. It can be prosecuted de officio or even
without a private complainant, but it cannot be without a victim. As
complainant Rosita Lim reported no loss, we cannot hold for certain
that there was committed a crime of theft. Thus, the first element of the
crime of fencing is absent, that is, a crime of robbery or theft has been
committed.
Dimat v People
PD 1612 is a special law that punishes fencing as defined therein. its
violation is regarded as malum prohibitum, requiring no criminal intent.
Nevertheless, the prosecution must prove that the accused knew or
should have known that the Nissan Safari he acquired and later sold to
Delgado was derived from theft or robbery and that he intended to
obtain some gain out of his acts.
Dizon-Pamintuan v People
Does the presumption that mere possession of any good, article, item, object, or
anything of value which has been the subject of robbery or thievery shall be prima
facie evidence of fencing run afoul to the constitutional presumption of
innocence? No.
• It has been frequently decided, in case of statutory crimes, that
no constitutional provision is violated by a statute providing
that proof by the state of some material fact or facts shall
constitute prima facie evidence of guilt, and that then the
burden is shifted to the defendant for the purpose of showing
that such act or acts are innocent and are committed without
unlawful intention.
• The state having the right to declare what acts are criminal,
within certain well defined limitations, has a right to specify
what act or acts shall constitute a crime, as well as what act or
acts shall constitute a crime, as well as what proof shall
constitute prima facie evidence of guilt, and then to put upon
the defendant the burden of showing that such act or acts are
innocent and are not committed with any criminal intent or
intention
• The constitutional presumption will not apply as long as there
is some rational connection between the fact proved and the
ultimate fact presumed, and the inference of one fact from
proof of another shall not be so unreasonable as to be purely
arbitrary mandate
ad majorem dei gloriam SPECIAL PENAL LAWS
• Know. One is deemed to know a particular fact if he has the
cognizance, consciousness or awareness thereof, or is aware of
the existence of something, or has the acquaintance with facts,
or if he has something within the mind's grasp with certitude
and clarity.
• Should know. These words denote the fact that a person of
reasonable prudence and intelligence would ascertain the fact
in performance of his duty to another or would govern his
conduct upon assumption that such fact exists.
• Knowledge refers to a mental state of awareness about a fact.
Since the court cannot penetrate the mind of an accused and
state with certainty what is contained therein, it must determine
such knowledge with care from the overt acts of that person.
And given two equally plausible states of cognition or mental
awareness, the court should choose the one which sustains the
constitutional presumption of innocence.
De la Torre v COMELEC
Circumstances normally exist to forewarn, for instance, a reasonably
vigilant buyer that the object of the sale may have been derived from the
proceeds of robbery or theft. Such circumstances include the time and
place of the sale, both of which may not be in accord with the usual
practices of commerce. The nature and condition of the goods sold, and
the fact that the seller is not regularly engaged in the business of selling
goods may likewise suggest the illegality of their source, and therefore
should caution the buyer.

3rd requisite: That the accused know or should have known that the
items recovered from here were the proceeds of the crime of robbery of
theft.

8 @thejoannev JO VALLES
ANTI-GRAFT ACT ad majorem dei gloriam
following shall constitute corrupt practices of any public officer and are
hereby declared to be unlawful:
ANTI-GRAFT AND CORRUPT a. Persuading, inducing or influencing another public
officer to perform an act constituting a violation of rules and
PRACTICES ACT regulations duly promulgated by competent authority or an
offense in connection with the official duties of the latter, or
Republic Act No. 3019 allowing himself to be persuaded, induced, or influenced
Approved: August 17, 1960 to commit such violation or offense.
b. Directly or indirectly requesting or receiving any gift, present,
Section 1. Statement of policy. It is the policy of the Philippine share, percentage, or benefit, for himself or for any other
Government, in line with the principle that a public office is a public person, in connection with any contract or transaction between
trust, to repress certain acts of public officers and private persons alike the Government and any other part, wherein the public
which constitute graft or corrupt practices or which may lead thereto. officer in his official capacity has to intervene under the
law.
Section 2. Definition of terms. As used in this Act, that term c. Directly or indirectly requesting or receiving any gift, present
Government includes: or other pecuniary or material benefit, for himself or for
• the national government, another, from any person for whom the public officer, in any
• the local governments, manner or capacity, has secured or obtained, or will secure
• the government-owned and government-controlled or obtain, any Government permit or license, in
corporations, and consideration for the help given or to be given, without
• all other instrumentalities or agencies of the Republic of the prejudice to Section thirteen of this Act.
Philippines and their branches. d. Accepting or having any member of his family accept
employment in a private enterprise which has pending official
Public officer includes: business with him during the pendency thereof or within one
year after its termination.
• elective and appointive officials and employees,
e. Causing any undue injury to any party, including the
• permanent or temporary, Government, or giving any private party any unwarranted
• whether in the classified or unclassified or exempt service benefits, advantage or preference in the discharge of his
• receiving compensation, even nominal, from the government official administrative or judicial functions through
as defined in the preceding subparagraph. manifest partiality, evident bad faith or gross inexcusable
negligence. This provision shall apply to officers and
Receiving any gift includes the act of accepting directly or indirectly a employees of offices or government corporations charged
gift from a person other than a member of the public officer's with the grant of licenses or permits or other concessions.
immediate family, in behalf of: f. Neglecting or refusing, after due demand or request,
• himself or without sufficient justification, to act within a reasonable
• of any member of his family or time on any matter pending before him for the purpose of
• relative within the fourth civil degree, either by consanguinity obtaining, directly or indirectly, from any person interested in
or affinity, the matter some pecuniary or material benefit or advantage, or
even on the occasion of a family celebration or national festivity like for the purpose of favoring his own interest or giving undue
Christmas, if the value of the gift is under the circumstances manifestly advantage in favor of or discriminating against any other
excessive. interested party.
g. Entering, on behalf of the Government, into any contract or
Person transaction manifestly and grossly disadvantageous to the
includes natural and juridical persons, unless the context indicates same, whether or not the public officer profited or will profit
otherwise. thereby.
Section 3. Corrupt practices of public officers. In addition to acts or h. Director or indirectly having financing or pecuniary interest in
omissions of public officers already penalized by existing law, the any business, contract or transaction in connection with
which he intervenes or takes part in his official capacity, or in
9 @thejoannev
SPECIAL PENAL LAWS
which he is prohibited by the Constitution or by any law
from having any interest.
i. Directly or indirectly becoming interested, for personal gain,
or having a material interest in any transaction or act
requiring the approval of a board, panel or group of which
he is a member, and which exercises discretion in such
approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or
group.
• Interest for personal gain shall be presumed against
those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to
which they belong.
j. Knowingly approving or granting any license, permit, privilege
or benefit in favor of any person not qualified for or not
legally entitled to such license, permit, privilege or advantage,
or of a mere representative or dummy of one who is not so
qualified or entitled.
k. Divulging valuable information of a confidential
character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such
information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred
to in subparagraphs (b) and (c); or offering or giving to the public officer
the employment mentioned in subparagraph (d); or urging the divulging
or untimely release of the confidential information referred to in
subparagraph (k) of this section shall, together with the offending public
officer, be punished under Section nine of this Act and shall be
permanently or temporarily disqualified in the discretion of the Court,
from transacting business in any form with the Government.
Section 4. Prohibition on private individuals.
a. It shall be unlawful for any person having family or close
personal relation with any public official to capitalize or
exploit or take advantage of such family or close personal
relation by directly or indirectly requesting or receiving any
present, gift or material or pecuniary advantage from any other
person having some business, transaction, application, request
or contract with the government, in which such public
official has to intervene.
• Family relation shall include the spouse or relatives
by consanguinity or affinity in the third civil degree.
• The word close personal relation shall include close
personal friendship, social and fraternal connections,
and professional employment all giving rise to
JO VALLES
ANTI-GRAFT ACT
intimacy which assures free access to such public
officer.
b. It shall be unlawful for any person knowingly to induce or
cause any public official to commit any of the offenses defined
in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the
spouse or for any relative, by consanguinity or affinity, within the third
civil degree, of:
• the President of the Philippines,
• the Vice-President of the Philippines,
• the President of the Senate, or
• the Speaker of the House of Representatives,
to intervene, directly or indirectly, in any business, transaction, contract
or application with the Government:
Provided, That this section shall not apply to:
1. any person who, prior to the assumption of office of any of
the above officials to whom he is related, has been already
dealing with the Government along the same line of business,
2. nor to any transaction, contract or application already
existing or pending at the time of such assumption of public
office,
3. nor to any application filed by him the approval of which is not
discretionary on the part of the official or officials concerned
but depends upon compliance with requisites provided by
law, or rules or regulations issued pursuant to law,
4. nor to any act lawfully performed in an official capacity or
in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful
hereafter for any Member of the Congress during the term for which he
has been elected, to acquire or receive any personal pecuniary interest in
any specific business enterprise which will be directly and particularly
favored or benefited by any law or resolution authored by him
previously approved or adopted by the Congress during the same
term.
The provision of this section shall apply to any other public officer who
recommended the initiation in Congress of the enactment or
adoption of any law or resolution, and acquires or receives any such
interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other
public officer, who, having such interest prior to the approval of such
law or resolution authored or recommended by him, continues for
thirty days after such approval to retain such interest.
10
ad majorem dei gloriam
Section 7. Statement of assets and liabilities. Every public officer,
within thirty days after the approval of this Act or after assuming office,
and within the month of January of every other year thereafter, as well
as upon the expiration of his term of office, or upon his resignation
or separation from office, shall prepare and file:
• with the office of the corresponding Department Head, or
• in the case of a Head of Department or chief of an independent
office, with the Office of the President, or
• in the case of members of the Congress and the officials and
employees thereof, with the Office of the Secretary of the
corresponding House,
a true detailed and sworn statement of assets and liabilities, including a
statement of the amounts and sources of his income, the amounts of his
personal and family expenses and the amount of income taxes paid for
the next preceding calendar year:
• Provided, That public officers assuming office less than two
months before the end of the calendar year, may file their
statements in the following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with
the provisions of Republic Act Numbered One thousand three hundred
seventy-nine (RA 1379), a public official has been found to have
acquired during his incumbency, whether in his name or in the name of
other persons, an amount of property and/or money manifestly out of
proportion to his salary and to his other lawful income, that fact
shall be a ground for dismissal or removal.
• Properties in the name of the spouse and unmarried children
of such public official may be taken into consideration, when
their acquisition through legitimate means cannot be
satisfactorily shown.
• Bank deposits shall be taken into consideration in the
enforcement of this section, notwithstanding any provision of
law to the contrary.
Section 9. Penalties for violations.
Corrupt practices of public officers; prohibition on private
individuals; prohibition on certain relatives; prohibition on
members of the Congress. Any public officer or private person
committing any of the unlawful acts or omissions enumerated in
Sections 3, 4, 5 and 6 of this Act shall be punished with:
• imprisonment for not less than one year nor more than ten
years,
• perpetual disqualification from public office, and
@thejoannev
SPECIAL PENAL LAWS
• confiscation or forfeiture in favor of the Government of any
prohibited interest and unexplained wealth manifestly out of
proportion to his salary and other lawful income.
Any complaining party at whose complaint the criminal prosecution was
initiated shall, in case of conviction of the accused, be entitled to
recover in the criminal action with priority over the forfeiture in favor
of the Government, the amount of money or the thing he may have
given to the accused, or the value of such thing.
SALN. Any public officer violation any of the provisions of Section 7
of this Act shall be punished by:
• a fine of not less than one hundred pesos nor more than one
thousand pesos, or
• by imprisonment not exceeding one year, or
• by both such fine and imprisonment, at the discretion of the
Court.
The violation of said section proven in a proper administrative
proceeding shall be sufficient cause for removal or dismissal of a public
officer, even if no criminal prosecution is instituted against him.
Section 10. Competent court. Until otherwise provided by law, all
prosecutions under this Act shall be within the original jurisdiction of
the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable under this
Act shall prescribe in ten years.
Section 12. Termination of office. No public officer shall be allowed to
resign or retire pending an investigation, criminal or administrative, or
pending a prosecution against him, for any offense under this Act or
under the provisions of the Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits. Any public officer against
whom any criminal prosecution under a valid information under this Act
or under the provisions of the Revised Penal Code on bribery is pending
in court, shall be suspended from office.
• Should he be convicted by final judgment, he shall lose all
retirement or gratuity benefits under any law,
• but if he is acquitted, he shall be entitled to reinstatement and
to the salaries and benefits which he failed to receive during
suspension, unless in the meantime administrative proceedings
have been filed against him.
Section 14. Exception. Unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary token of gratitude
JO VALLES
 ANTI-GRAFT ACT
or friendship according to local customs or usage, shall be excepted
from the provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the
practice of any profession, lawful trade or occupation by any private
person or by any public officer who under the law may legitimately
practice his profession, trade or occupation, during his incumbency,
except where the practice of such profession, trade or occupation
involves conspiracy with any other person or public official to commit
any of the violations penalized in this Act.
Section 15. Separability clause. If any provision of this Act or the
application of such provision to any person or circumstances is declared
invalid, the remainder of the Act or the application of such provision to
other persons or circumstances shall not be affected by such declaration.
Section 16. Effectivity. This Act shall take effect on its approval, but for
the purpose of determining unexplained wealth, all property acquired by
a public officer since he assumed office shall be taken into consideration.
Jaravata v Sandiganbayan
Sec. 3(b) of R.A. No. 3019, refers to a public officer whose official
intervention is required by law in a contract or transaction. There
is no law which invests the petitioner with the power to intervene in the
payment of the salary differentials of the complainants or anyone for
that matter. In his official capacity as assistant principal, he is not
required by law to intervene in the payment of the salary differentials.
Accordingly, he cannot be said to have violated the law aforecited
although he exerted efforts to facilitate the payment of the salary
differentials.
Mejorada v Sandiganbayan
Section 3€ of RA 3019 not limited to those charged with the duty of
granting licenses. the last sentence of 3(e) is intended to make clear the
inclusion of officers and employees of officers or government
corporations, which, under the ordinary concept of “public officers” may
not come within the term. Thus, it should not be understood that it is
applied exclusively to public officers with the duty of granting licenses
and permits since this will strain the construction of the provision.
Mendoza-Arce v Ombudsman
Elements of Section 3 (e) of RA 3019:
1. That the accused are public officers or private persons charged
in conspiracy with them;
2. That said public officers committed the prohibited acts during
the performance of their official duties or in relation to their
public positions;
11
ad majorem dei gloriam SPECIAL PENAL LAWS
3. That they caused undue injury to any party, whether the Only public officers can violate Section 3(g). Violation of Section 3
Government or a private party; (g) relate to the public officer, not to the private individual, for as have
4. That such injury is caused by giving unwarranted benefits, been emphasized, Section 3 (g) is a crime that can only be committed by
advantage or preference to such parties; and public officers. In this case, Go, a private individual, was charged under
5. That the public officers have acted with manifest partiality, 3(g) for having conspired with a public officer in awarding to PIATCO
evident bad faith or gross inexcusable negligence. the construction of NAIA-IPT III without complying with the
requirements of the law. The SC ruled that regardless of the charge of
Trieste v Sandiganbayan conspiracy, he cannot be convicted under the provision because it can
Intervention in official capacity. A municipal mayor was charged with only be committed by a public officer. The liability of private individuals
a violation of Section 3(h) for having awarded a contract for the supply who participated in the transaction must be established under the
and delivery of materials to accompany of which he was president, appropriate provision which is Section 4(b), for knowingly inducing or
incorporator, director and major stockholder. His participation was causing the public officers to commit Section 3(g).
limited to the signing of a municipal voucher. The SC acquitted him
because the signing of a voucher merely for recording purposes is not the Section 3(g) is violated even if the official does not profit from such
intervention contemplated by law. What is contemplated is actual violation. A public officer is duty bound to see to it that the interest of
intervention wherein a public officer unduly favors a firm in contracts the government is duly protected. Thus, should the contract or
entered into by the municipality. transaction entered into by such public officer is manifestly or grossly
• There is no evidence that he used his influence as municipal disadvantageous to the government's interests, the public officer is held
mayor in the awarding of the contracts. Also, evidence shows liable for violation of Section 3 (g), whether or not this public officer
that the company had been dealing with the municipality even profited or will profit thereby.
before his mayorship, and the offer was the cheapest, most
reasonable, and most advantageous to the government.
Elements of 3(h). The elements essential in the commission of the
crime are:
1. The public officer has financial or pecuniary interest in a
business, contract or transaction.
2. In connection with which he intervenes in his official capacity.
Concurrence of both elements is necessary as the absence of one will
not warrant conviction.
People v Alvarez
Injury and benefit need not both be present to violate Section 3 (e).
Court has clarified that the use of the disjunctive word "or" connotes that
either act of (a) "causing any undue injury to any party, including the
Government"; and (b) "giving any private party any unwarranted benefits,
advantage or preference," qualifies as a violation of Section 3 (e) of R.A.
No. 3019, as amended. The use of the disjunctive "or" connotes that the
two modes need not be present at the same time. In other words, the
presence of one would suffice for conviction.
• Damage need not be present under the second mode.
Under the second mode of the crime defined in Section 3 (e) of
R.A. No. 3019, damage is not required. In order to be found
guilty under the second mode, it suffices that the accused has
given unjustified favor or benefit to another, in the exercise of
his official, administrative or judicial functions.
Go v Sandiganbayan
@thejoannev JO VALLES
ANTI-HAZING ACT ad majorem dei gloriam
1. Armed Forces of the Philippines (AFP),
ANTI-HAZING ACT 2. the Philippine National Police (PNP),
3. the Philippine Military Academy (PMA),
RA 8049, as amended by RA 11053 4. the Philippine National Police Academy (PNPA), and
An act regulating hazing and other forms of initiation rites in fraternities, 5. other similar uniformed service learning institutions.
sororities, and other organizations and providing penalties therefor
Schools refer to colleges, universities, and other educational
Hazing refers to any act that results in: institutions.
1. physical or
2. psychological Section 2. Regulation of School-Based Initiation Rites. Only
suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or initiation rites or practices that do not constitute hazing shall be
member: allowed: Provided, That:
1. as part of an initiation rite or practice made as a prerequisite a. A written application to conduct initiation rites shall be made
for admission or to the proper authorities of the school not later than seven (7)
2. a requirement for continuing membership in a fraternity, days prior to scheduled initiation date;
sorority, or organization b. The written application shall indicate the place and date of
including, but not limited to: the initiation rites and the names of the recruits, neophytes, or
1. paddling, applicants to be initiated and the manner by which they will
2. whipping, conduct the initiation rites;
3. beating, c. Such written application shall further contain an undertaking
4. branding, that no harm of any kid shall be committed by anybody during
5. forced calisthenics, the initiation rites.
6. exposure to the weather, d. The initiation rites shall not last more than three (3) days;
7. forced consumption of any food, liquor, beverage, drug or e. The application shall contain the names of the incumbent
other substance, or officers of the fraternity, sorority, or organization and any
8. any other brutal treatment or forced physical activity which is person or persons who will take charge in the conduct of
likely to adversely affect the physical and psychological health the initiation rites;
of such recruit, neophyte, applicant, or member. f. The application shall be under oath with a declaration that it
This shall also include any activity, intentionally made or otherwise, by
has been posted in the official school bulletin board, the
one person alone or acting with others, that tends to humiliate or bulletin board of the office of the fraternity, sorority, or
embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte,
organization, and two(2) other conspicuous places in the
applicant, or member to do menial, silly, or foolish tasks. school or in the premises of the organization; and
g. The application shall be posted from the time of submission
Initiation or Initiation Rites refer to ceremonies, practices, rituals, or of the written notice to the school authorities or head of
other acts, weather formal or informal, that a person must perform or
organization and shall only be removed from its posting three
take part in order to be accepted into fraternity, sorority, organization as (3) days after the conduct of the initiation rites.
a full-fledged member. It includes ceremonies practices, rituals, and
The school, fraternity, sorority, or organization shall provide for their
other acts in all stages of membership in a fraternity, sorority, or respective bulletin boards for purposes of this section.
organization.
Sorority, fraternity, org application for initiation rites. Guidelines
Organization refers to an organized body of people which includes, but for the approval or denial of the application to conduct initiation rites
it is not limited to: by a registered fraternity, sorority, organization shall be promulgated by
1. any club, the appropriate school official not later than sixty (60) days after the
2. association, approval of this Act.
3. group,
• The appropriate school authorities shall have the obligation to
4. fraternity, and
disapprove the application to conduct initiation rites that do
5. sorority.
not conform with any of the requirements of this section, and
This term shall include the:
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SPECIAL PENAL LAW
in unequivocal terms in a formal advice to the fraternity
sorority, or organization concerned, taking into consideration
the safety and security of participants in the activity.
• School officials shall have the authority to impose after due
notice and summary hearing, disciplinary sanctions, in
accordance with the school's guidelines and regulations on the
matter, which shall include, but shall not be limited to,
reprimand, suspension, exclusion, or expulsion, to the head
and all other officers of the fraternity, sorority and organization
which conducts an initiation without first securing the
necessary approval of the school as required under this section.
• All members of the fraternity, sorority, or organization, who
participated in the unauthorized initiation rites, even if no
hazing was conducted, shall also be punished accordingly.
False information. In case the written application for the conduct of
initiation rites contains false or inaccurate information, appropriate
disciplinary sanctions in accordance with the school's guidelines and
regulations on the matter ranging from reprimand to expulsion shall be
imposed, after due notice and summary hearing, against the person who
prepared the application or supplied the false and inaccurate information
and to the head and other officers of the fraternity, sorority, or
organization concerned.
Section 3. Prohibition on Hazing. All forms of hazing shall be
prohibited in fraternities, sororities, and organizations in schools,
including citizens' military training and citizens' army training.
• Applicable to non-school-based orgs. This prohibition shall
likewise apply to all other fraternities, sororities, and
organizations that are not school-based, such as community-
based and other similar fraternities, sororities and
organizations:
Testing, when not considered hazing. The physical, mental, and
practices to determine and enhance the physical, mental, and
psychological fitness of prospective regular members of the AFP and
the PNP:
• as approved by the Secretary of National Defense and National
Police Commission,
• duly recommended by the Chief of Staff of the AFP and
Director General of the PNP
shall not be considered as hazing purposes of this Act:
Provided, further, That the exemption provided herein shall likewise apply
to similar procedures and practices approved by the respective heads of
other uniformed learning institutions as to their prospective members,
nor shall this provision apply to any customary athletic events or other
JO VALLES
ANTI-PLUNDER ACT
similar contests or competitions or any activity or conduct that furthers
a legal and legitimate objective, subject to prior submission of a medical
clearance or certificate.
No hazing in employment. In no case shall hazing be made a
requirement for employment in any business or corporation.
Monitoring of Initiation Rites The head of the school or an
authorized representative must assign at least two (2) representatives of
the school to be present during the initiation.
• It is the duty of the school representatives to see to it that no
hazing is conducted during the initiation rites and to document
the entire proceedings.
• Thereafter, said representatives who were present during the
initiation shall make a report of the initiation rites to the
appropriate officials of the school regarding the conduct of the
said initiation:
• Provided, That if hazing is still committed despite their presence,
no liability shall attach to them unless it is proven that they
failed to perform an overt act to prevent or stop the
commission thereof.
Section 6. Registration of Fraternities, Sororities and Other
Organizations. All existing fraternities sororities, and other
organizations otherwise not created or organized by the school but has
existing members who are students or plans to recruit students to be its
member shall be required to register with the proper school authorities
before it conducts activities whether on or off-campus, including
recruitment of members.
• Newly established. A newly established fraternity, sorority,
or organization in a school shall immediately register with
proper school authorities during the semester or trimester in
which it was established or organized:
• Provided, That the new fraternity, sorority, or organization has
complied with the requirements prescribed by the school in
establishing a fraternity, sorority, or organization has complied
with the requirements prescribed by the school in establishing
a fraternity, sorority, or organization:
• Provided, further, That schools shall promulgate their guidelines
in the registration of fraternities sororities, and organizations
within their jurisdiction not later than sixty (60) days from the
approval of this Act.
List of members. Upon registration, all fraternities, sororities, or
organizations shall submit a comprehensive list of members, which shall
be updated not later than thirty (30) days from the start of every semester
or trimester, depending on the academic calendar of the school.
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ad majorem dei gloriam
School official shall have the authority to impose, after due notice and
summary hearings, disciplinary penalties in accordance with the school's
guidelines and regulations on the matter including suspension to the
head and other officers of the fraternity, sorority, or organization who
fail to register or update their roster of members as required under this
section.
Failure to comply=cancellation of registration. Failure to comply
with any of the requirements in this section shall result in the
cancellation of the registration of the fraternity, sorority, or organization.
Section 7. Faculty Adviser. Schools shall require all fraternities,
sororities, or organizations, as a condition to the grant of accreditation
or registration, to submit the name or names of their respective faculty
adviser or advisers who must not be members of the respective
fraternity, sorority, or organization. The submission shall also include a
written acceptance or consent on the part of the selected faculty adviser
or advisers.
• Responsibility. The faculty advisers shall be responsible for
monitoring the activities of the fraternity, sorority, or
organization is established or registered.
• Presumption of knowledge of adviser. In case of violation
of any of the provisions of this Act, it is presumed that the
faculty adviser has knowledge and consented to the
commission of any of the unlawful acts stated therein.
. c. Such written application shall further contain an undertaking
Section 8. Role of Educational Institutions. The responsibility of
schools to exercise reasonable supervision in loco parentis over the
conduct of its students requires the diligence that prudent parents would
employ in the same circumstances when discriminating and protecting
their children.
• To this end, it shall be the duty of schools to take more
proactive steps to protect its students from the dangers of
participating in activities that involve hazing.
Information dissemination campaign. Schools shall implement an
information dissemination campaign at the start of every semester or
trimester to provide adequate information to students and parents or
guardians regarding the consequences of conducting and participating
in hazing.
• Orientation program. An orientation program relating to
membership in a fraternity, sorority, or organization shall also
be conducted by schools at the start of every semester or
trimester.
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Schools shall encourage fraternities, sororities, and organizations to
engage in undertakings that foster holistic personal growth and
development and activities that contribute to solving relevant and
pressing issues of society.
Section 9. Registration of Community-Based and Other Similar
Fraternities, Sororities, or Organizations. All new and existing
community-based fraternities, sororities, or organizations, including
their respective local chapters, shall register with the barangay,
municipality, or city wherein they are primarily based.
• Upon registration, all community-based fraternities, sororities,
or organizations including their respective local chapters, shall
submit a comprehensive list of members and officers which
shall be updated yearly from the date of registration.
Section 10. Regulation of Initiation Rites for Community-Based
Fraternities, Sororities, or Organizations. Only initiation rites or
practices that do not constitute hazing shall be allowed: Provided, That:
a. A written application to conduct the same shall be made to the
punong barangay in the barangay or municipal or city mayor in
the municipality or city where the community-based fraternity,
sorority, or organization is based, not later than seven (7) days
prior to the schedules initiation date;
b. The written initiation shall indicate the place and date of the
initiation rites and the names of the recruits, neophytes, or
applicants to be initiated;
that no harm or any kind shall be committed by anybody
during the initiation rites;
d. A medical certificate of the recruit, neophyte, or applicant must
be attached to the application to ensure fitness to undergo
initiation when it involves physical activity not failing under the
definition of hazingas used in this Act;
e. The initiation rites shall not last more than three (3) days;
f. The application shall contain the names of the incumbent
officers of the community-based fraternity, sorority, or
organization and any person or persons who will take charge
in the conduct of initiation rites;
g. The application shall be under oath with a declaration that it
has been posted on the official bulletin board of the barangay
hall or the municipal or city hall where the community-based
fraternity, sorority or organization is based, and the bulletin
board of the office of the community-based fraternity, sorority
or organization;
h. The application shall be posted from the time of submission
of the written notice to the punong barangay or municipal or
JO VALLES
ANTI-PLUNDER ACT
city mayor and shall only be removed from its posting three (3)
days after the conduct of the initiation rites.
Section 11. Monitoring of Initiation Rites of Community-Based and
All Similar Fraternities, Sororities or Organizations. The punong
barangay of the barangay or the municipal or city mayor of the
municipality or city where community-based fraternity, sorority or
organization is based must assign at least two (2) barangay or municipal
or city officials to be present during the initiation and document the
entire proceedings.
• Thereafter, said representatives who are present during the
initiation shall make a report of the initiation rites to the
punong barangay, or the municipal or the city mayor regarding
the conduct of the initiation:
• Provided, That if hazing is still committed despite their presence,
no liability shall attached to them unless it is proven that they
failed to perform an overt act prevent or stop the commission
thereof.
Section 12. Nullity of Waiver and Consent. Any form of approval,
consent, or agreement, whether written or otherwise, or of an express
waiver of the right to object to the initiation rite or proceeding which
consists of hazing, as defined in this Act, made by a recruit, neophyte,
or applicant prior to an initiation rite that involves inflicting physical or
psychological suffering, harm, or injury, shall be VOID and without any
binding effect on the parties.
• The defense that the recruit, neophyte, or applicant consented
to being subjected to hazing shall not be available to persons
prosecuted under this Act."
Section 13. Administrative Sanctions. The responsible officials of the
school, the uniformed learning institutions, the AFP or the PNP may
impose the appropriate administrative sanctions, after due notice and
summary hearing, on the person or the persons charged under this Act
even before their conviction.
Just take not of the difference in level of liability/penalty
Section 14. Penalties. The following penalties shall be imposed:
a. The penalty of reclusion perpetua and a fine of Three million
pesos (P3,000,000.00) shall be imposed upon those who
actually planned or participated in the hazing if, as a
consequence of the hazing, death, rape, sodomy, or mutilation
results therefrom;
b. The penalty of reclusion perpetua and a fine of Two million pesos
(P2,000,000.00) shall be imposed upon:
(1) All persons who actually planned or participated in
the conduct of the hazing;
14
ad majorem dei gloriam
(2) All officers of the fraternity, sorority, or organization
who are actually present during the hazing;
(3) The adviser of a fraternity, sorority, or organization
who is present when the acts constituting the hazing
were committed and failed to take action to prevent
the same from occurring or failed to promptly report
the same to the law enforcement authorities if such
adviser or adviser or advisers can do so without peril
to their person or their family;
(4) All former officers, nonresident members, or alumni
of the fraternity, sorority, or organization who are
also present during the hazing:
i. Provided, That should the former officer,
nonresident member, or alumnus be a
member of the Philippine Bar, such
member shall immediately be subjected to
disciplinary proceedings by the Supreme
Court pursuant to its power to discipline
members of the Philippine Bar:
ii. Provided, further, That should the former
officer, nonresident member, or alumnus
belong to any other profession subject to
regulation by the Professional Regulation
Commission (PRC), such professional shall
immediately be subjected to disciplinary
proceedings by the concerned Professional
Regulatory Board, the imposable penalty for
which shall include, but is not limited to,
suspension for a period of not less than
three (3) years or revocation of the
professional license. A suspended or
revoked professional license pursuant to
this section may be reinstated upon
submission of affidavits from at least three
(3) disinterested persons, good moral
certifications from different unaffiliated and
credible government, religious, and socio-
civic organizations and such other relevant
evidence to show that the concerned
professional has become morally fit for
readmission into the
profession: Provided, That said readmission
into the profession shall be subject to the
approval of the respective Professional
Regulatory Board;
(5) Officers or members of a fraternity, sorority, or
organization who knowingly cooperated in carrying
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SPECIAL PENAL LAW
out the hazing by inducing the victim to be present
thereat; and
(6) members of the fraternity, sorority, or organization
who are present during the hazing when they are
intoxicated or under the influence of alcohol or illegal
drugs;
c. The penalty of reclusion temporal in its maximum period and a
fine of One million pesos (P1,000,000.00) shall be imposed
upon all persons who are present in the conduct of the hazing;
d. The penalty of reclusion temporal and fine of One million pesos
(P1,000,000.00) shall be imposed upon former officers,
nonresident member, alumni of the fraternity, sorority, or
organization who, after the commission of any of the
prohibited acts proscribed herein, will perform any act to hide,
conceal, or otherwise hamper or obstruct any investigation that
will be conducted thereafter: Provided, That should the former
officer, nonresident member, or alumnus be a member of the
Philippine Bar, such member shall immediately be subjected to
disciplinary proceedings by the Supreme Court pursuant to its
power to discipline members of the Philippine Bar: Provided,
further, That should the former officer, nonresident members,
or alumnus belong to any other profession subject to
regulation by the PRC, such professional shall immediately be
subjected to disciplinary proceedings by the concerned
Professional Regulatory Board, the imposable penalty for
which shall include, but is not limited to, suspension for a
period of not less than three (3) years or revocation of the
professional license pursuant to this section may be reinstated
upon submission of affidavits from at least three (3)
disinterested persons, good moral certifications from different
unaffiliated and credible government, religious, and socio-civic
organizations, and such other relevant evidence to show that
the concerned professional has become morally fit for
readmission into the profession: Provided, That said
readmission into the profession shall be subject to the approval
of the respective Professional Regulatory Board."
e. The penalty of prision correcional in its minimum period shall be
imposed upon any person who shall intimidate, threaten, force,
or employ, or administer any form of vexation against another
person for the purpose of recruitment in joining or promoting
a particular fraternity, sorority, or organization. The perssistent
and repeated proposal or invitation made to a person who had
twice refused to participate or join the proposed fraternity,
sorority, or organization, shall be prima facie evidence of
vexation for purposes of this section; and
f. A fine of One million pesos (P1,000,000.00) shall be imposed
on the school if the fraternity, sorority, or organization filed a
written application to conduct an initiation which was
JO VALLES
ANTI-PLUNDER ACT
subsequently approved by the school and hazing occurred
during the initiation rites or when no representatives from the
school were present during the initiation as provided under
Section 5 of this Act: Provided, That if hazing has been
committed in circumvention of the provisions of this Act, it is
incumbent upon school officials to investigate motu propio and
take an active role to ascertain factual events and identity
witnesses in order to determine the disciplinary sanctions it
may impose, as well as provide assistance to police authorities."
Owner or lessee of the place. The owner or lessee of the place where
hazing is conducted shall be liable as principal and penalized under
paragraphs (a) or (b) of this section, when such owner or lessee has
actual knowledge of the hazing conducted therein but failed to take any
action to prevent the same from occurring or failed to promptly report
the same to the law enforcement authorities if they can do so without
peril to their person or their family. If the hazing is held in the home of
one of the officers or members of the fraternity, sorority, or
organization, the parents shall be held liable as principals and penalized
under paragraphs (a) or (b) hereof when they have actual knowledge of
the hazing conducted therein but failed to take any action to prevent the
same from occurring or failed to promptly report the same to the law
enforcement authorities if such parents can do so without peril to their
person or their family.
School authorities. The school authorities including faculty members
as well as barangay, municipal, or city officials shall be liable as an
accomplice and likewise be held administratively accountable for hazing
conducted by the fraternities, sororities, other organizations, if it can be
shown that the school or barangay, municipal, or city officials allowed
or consented to the conduct of hazing, but such officials failed to take
anby action to prevent the same from occurring or failed to promptly
report to the law enforcement authorities if the same can be done
without peril to their person or their family.
Prima facie evidence of participation; presence. The presence of any
person, even if such person is not a member of the fraternity, sorority,
or organization, during the hazing is prima facie evidence of participation
therein as a principal unless such person or persons prevented the
commission of the acts punishable herein or promptly reported the same
to the law enforcement authorities if they can do so without peril, to
their person or their family.
The incumbent officers of the fraternity, sorority, or organization
concerned shall be jointly liable with those members who actually
participated in the hazing.
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ad majorem dei gloriam
Mitigating circumstance not allowed; praeter intentionem not a
defense. Any person charged under this provision shall not be entitled
to the mitigating circumstance that there was no intention to commit so
grave a wrong.
This section shall apply to the president, manager, director, or other
responsible officer of businesses or corporations engaged hazing as a
requirement for employment in the manner provided herein.
Any conviction by final judgement shall be reflected on the scholastic
record, personal, or employment record of the person convicted,
regardless of when the judgment conviction has become final.
Summary for rules on participation
Those deemed as principals
1. Those who actually participated. If the person subjected to
hazing or other forms of initiation rites suffers any physical
injury or dies as a result thereof, the officers and members of
the fraternity, sorority or organization who actually
participated in the infliction of physical harm shall be liable as
principals.
2. When parents are principals. If the hazing is held in the
home of one of the officers or members of the fraternity,
group, or organization, the parents shall be held liable as
principals when they have actual knowledge of the hazing
conducted therein but failed to take any action to prevent the
same from occurring.
3. Officers and alumni as principals. The officers, former
officers, or alumni of the organization, group, fraternity or
sorority who actually planned the hazing although not present
when the acts constituting the hazing were committed shall be
liable as principals.
4. Org adviser as principal. A fraternity or sorority's adviser
who is present when the acts constituting the hazing were
committed and failed to take action to prevent the same
from occurring shall be liable as principal.
5. Officers and members inducing another to be present.
Another class of principals would be officers or members of
an organization group, fraternity or sorority who knowingly
cooperated in carrying out the hazing by inducing the victim
to be present thereat. These officers or members are
penalized, not because of their direct participation in the
infliction of harm, but due to their indispensable
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SPECIAL PENAL LAW
cooperation in the crime by inducing the victim to attend the
hazing. Dungo v People
Those deemed accomplices
1. When owner of place is an accomplice. The owner of the
place where hazing is conducted shall be liable as an
accomplice, when he has actual knowledge of the hazing
conducted therein but failed to take any action to prevent the
same from occurring.
2. When school authorities are accomplices. The school
authorities including faculty members who consent to the
hazing or who have actual knowledge thereof, but failed to take
any action to prevent the same from occurring shall be
punished as accomplices for the acts of hazing committed by
the perpetrators.
Discussion. Note that a person, in order to be held liable under this law,
must be present in the place where hazing is committed. The following
are the exceptions, that is, they may incur criminal liability even when
they are not present:
1. Planners
2. Those who obstruct justice or investigation
3. Those who induce others to be present
Villareal v People
This case is about the initiation rites of 7 neophytes, one of whom
(Lenny) died, as a requisite of membership in the Aquila Fraternity.
Dizon and Villareal were convicted of homicide. Conviction proper?
No. Only for reckless imprudence resulting to homicide.
Animus interficendi or intent to kill not proven. Dizon’s behavior
must be taken within the context of the fraternity’s psychological
initiation, and not the specific intent to kill Lenny.
Animus iniuriandi or malicious intent to injure not proven. The
mere infliction of physical injuries, absent malicious intent, does not
make a person automatically liable for an intentional felony. It must be
asked WON an accused’s initial acts of inflicting physical pain on the
neophytes were attended by intent to injure amounting to a felonious
act punishable under RPC. This intent was not present in this case. Even
if the specific acts of punching, kicking, etc. were done voluntarily,
freely, and with intelligence, thereby satisfying the elements of freedom
and intelligence in the felony of PI, the fundamental element of intent
was not proven.
• On the contrary, all that was proven was that the acts were
done pursuant to tradition. Other than the paddle, no other
"weapon" was used to inflict injuries on Lenny. The targeted
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ANTI-PLUNDER ACT
body parts were predominantly the legs and the arms. The
designation of roles, including the role of auxiliaries, which
were assigned for the specific purpose of lending assistance to
and taking care of the neophytes during the initiation rites,
further belied the presence of malicious intent. All those who
wished to join the fraternity went through the same process of
"traditional" initiation; there is no proof that Lenny Villa was
specifically targeted or given a different treatment.
Reckless imprudence resulting to homicide. There was patent
recklessness in the hazing of Lenny Villa. According to the NBI medico-
legal officer, Lenny died of cardiac failure secondary to multiple
traumatic injuries. In the present case, the victim’s heart could no longer
work as a pumping organ, because it was deprived of its requisite blood
and oxygen. The deprivation was due to the "channeling" of the blood
supply from the entire circulatory system – including the heart, arteries,
veins, venules, and capillaries – to the thigh, leg, and arm areas of Lenny,
thus causing the formation of multiple hematomas or blood clots.
Repeated blows to those areas caused the blood to gradually ooze out
of the capillaries until the circulating blood became so markedly
diminished as to produce death. The NBI medico-legal officer explained
that the death of the victim was the cumulative effect of the multiple
injuries suffered by the latter. There is also evidence to show that some
of the accused fraternity members were drinking during the initiation
rites. Consequently, the collective acts of the fraternity members were
tantamount to recklessness, which made the resulting death of Lenny a
culpable felony.
Dungo v People
Villanueva was a neophyte of APO in UP-LB. He died because of the
hazing employed during his initiation rites. An information was filed
against the accused Sibal and Dungo, alleging that they were involved in
a conspiracy after having participated actively in a planned initiation rite.
At trial, what was proved was that they induced Villanueva to be present
in the rites. Accused now claim that the information was defective since
it failed to inform them of the nature and cause of the accusation agaisnt
them since the crime charged was different from the crime proven,
which is not necessarily included in the other. Contention valid? No.
ad majorem dei gloriam SPECIAL PENAL LAW
hazing would not have been accomplished were it not for the acts of the
petitioners that induced the victim to be present.
Prima facie evidence of participation; presence. In this case, there
was prima facie evidence of the petitioners' participation in the hazing
because of their presence in the venue, which was established by positive
testimony. Generally, mere presence at the scene of the crime does not
in itself amount to conspiracy. But under R.A. No. 8049, the
participation of the offenders in the criminal conspiracy can be proven
by the prima facie evidence due to their presence during the hazing,
unless they prevented the commission of the acts therein.
Elements of Hazing. The elements of the crime of hazing are as
follows:
1. That there is an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or
organization;
2. That there must be a recruit, neophyte or applicant of the
fraternity, sorority or organization; and
3. That the recruit, neophyte or applicant is placed in some
embarrassing or humiliating situations such as forcing him
to do menial, silly, foolish and other similar tasks or activities
or otherwise subjecting him to physical or psychological
suffering or injury
Discussion: The following are possible defenses of one who is accused
under this law:
1. That he reported the hazing to the authorities
2. He performed acts in order to prevent the hazing

Participation comes in different forms. The hazing activity had

different stages and the perpetrators had different roles therein, not
solely inflicting physical injury to the neophyte. One of the roles of the
petitioners in the hazing activity was to induce Villanueva to be present.
Dungo and Sibal not only induced Villanueva to be present at the resort,
but they actually brought him there. They fulfilled their roles in the
planned hazing rite which eventually led to the death of Villanueva. The

16 @thejoannev JO VALLES
ANTI-PHOTO AND VIDEO VOYEURISM
ANTI-PHOTO AND VIDEO
VOYEURISM ACT OF 2009
RA 9995
An act defining and penalizing the crime of photo and video voyeurism, prescribing
penalties therefor, and for other purposes
Broadcast means to make public, by any means, a visual image with the
intent that it be viewed by a person or persons.
Capture with respect to an image, means to videotape, photograph,
film, record by any means, or broadcast.
PHOTO OR VIDEO VOYEURISM means the act of:
1. taking photo or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing an
image of the private area of a person or persons without the
latter's consent, under circumstances in which such person/s
has/have a reasonable expectation of privacy, or
2. the act of selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or
recordings of such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar means or
device without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or video
coverage of same was given by such persons.
Private area of a person means the naked or undergarment clad
genitals, pubic area, buttocks or female breast of an individual.
Under circumstances in which a person has a reasonable
expectation of privacy means believing that he/she could disrobe in
privacy, without being concerned that an image or a private area of the
person was being captured; or circumstances in which a reasonable
person would believe that a private area of the person would not be
visible to the public, regardless of whether that person is in a public or
private place.
Section 4. Prohibited Acts. It is hereby prohibited and declared unlawful
for any person:
a. To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as the
naked or undergarment clad genitals, public area, buttocks or
female breast without the consent of the person/s involved
17
ad majorem dei gloriam SPECIAL PENAL LAW
and under circumstances in which the person/s has/have a When court order may be issued. Provided, That such written order
reasonable expectation of privacy; shall only be issued or granted upon:
b. To copy or reproduce, or to cause to be copied or 1. written application and
reproduced, such photo or video or recording of sexual act or 2. the examination under oath or affirmation of the applicant and
any similar activity with or without consideration; the witnesses he/she may produce, and
c. To sell or distribute, or cause to be sold or distributed, such 3. upon showing that:
photo or video or recording of sexual act, whether it be the a. there are reasonable grounds to believe that photo or
original copy or reproduction thereof; or video voyeurism has been committed or is about to
d. To publish or broadcast, or cause to be published or be committed, and
broadcast, whether in print or broadcast media, or show or b. that the evidence to be obtained is essential to the
exhibit the photo or video coverage or recordings of such conviction of any person for, or to the solution or
sexual act or any similar activity through VCD/DVD, internet, prevention of such, crime.
cellular phones and other similar means or device.
Section 7. Inadmissibility of Evidence. Any record, photo or video, or
The prohibition under paragraphs (b), (c) and (d) shall apply copy thereof, obtained or secured by any person in violation of the
notwithstanding that consent to record or take photo or video preceding sections shall not be admissible in evidence in any judicial,
coverage of the same was given by such person/s. Any person who quasi-judicial, legislative or administrative hearing or investigation.
violates this provision shall be liable for photo or video voyeurism as
defined herein.
Section 5. Penalties. The penalty of imprisonment of not less than
three (3) years but not more than seven (7) years and a fine of not
less than One hundred thousand pesos (P100,000.00) but not more than
Five hundred thousand pesos (P500,000.00), or both, at the discretion
of the court shall be imposed upon any person found guilty of violating
Section 4 of this Act.
Offender is a juridical person. If the violator is a juridical person its
license or franchise shall be automatically be deemed revoked
• Persons liable. The persons liable shall be the officers thereof
including the editor and reporter in the case of print media,
and the station manager, editor and broadcaster in the case of
a broadcast media.
Offender is a public officer. If the offender is a public officer or
employee, or a professional, he/she shall be administratively liable.
Offender is an alien. If the offender is an alien, he/she shall be subject
to deportation proceedings after serving his/her sentence and payment
of fines.
Section 6. Exemption. Nothing contained in this Act, however, shall
render it unlawful or punishable for any peace officer, who is
authorized by a written order of the court, to use the record or any
copy thereof as evidence in any civil, criminal investigation or trial of the
crime of photo or video voyeurism:
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ANTI-PLUNDER ACT ad majorem dei gloriam
3. By the illegal or fraudulent conveyance or disposition of assets
belonging to the National Government or any of its
AN ACT DEFINING AND subdivisions, agencies or instrumentalities or government-
owned or -controlled corporations and their subsidiaries;
PENALIZING THE CRIME OF 4. By obtaining, receiving or accepting directly or indirectly any
shares of stock, equity or any other form of interest or
PLUNDER participation including promise of future employment in any
business enterprise or undertaking;
SPECIAL PENAL LAW
Section 4. Rule of Evidence. For purposes of establishing the crime of
plunder, it shall not be necessary to prove each and every criminal act
done by the accused in furtherance of the scheme or conspiracy to
amass, accumulate or acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or conspiracy.

Republic Act No. 7080
July 12, 1991
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Definition of Terms. As used in this Act, the term
Public Officer means any person holding any public office in the
Government of the Republic of the Philippines by virtue of an
appointment, election or contract.
Government includes the:
• National Government, and
• any of its subdivisions, agencies or instrumentalities,
• including government-owned or -controlled corporations and
their subsidiaries.
Person includes any natural or juridical person, unless the context
indicates otherwise.
Ill-gotten wealth means any asset, property, business enterprise or
material possession of any person within the purview of Section Two
(2) hereof, acquired by him directly or indirectly through:
• dummies,
• nominees,
• agents,
• subordinates and/or
• business associates
by any combination or series of the following means or similar
schemes:
1. Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public treasury;
2. By receiving, directly or indirectly, any commission, gift, share,
percentage, kickbacks or any other form of pecuniary benefit
from any person and/or entity in connection with any
government contract or project or by reason of the office or
position of the public officer concerned;
5. By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of
decrees and orders intended to benefit particular persons or
special interests; or
6. By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich himself
or themselves at the expense and to the damage and prejudice
of the Filipino people and the Republic of the Philippines.
Section 2. Definition of the Crime of Plunder; Penalties.
As amended by Section 12 of RA No.7659
Any public officer who, by himself or in connivance with:
• members of his family,
• relatives by affinity or consanguinity,
• business associates,
• subordinates or
• other persons,
amasses, accumulates or acquires ill-gotten wealth through a
combination or series of overt criminal acts as described in Section 1 (d)
hereof in the aggregate amount or total value of at least Fifty million
pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall
be punished by reclusion perpetua to death.
Any person who participated with the said public officer in the
commission of an offense contributing to the crime of plunder shall
likewise be punished for such offense.
In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances, as provided by
the Revised Penal Code, shall be considered by the court.
The court shall declare any and all ill-gotten wealth and their interests
and other incomes and assets including the properties and shares of
stocks derived from the deposit or investment thereof forfeited in favor
of the State.
Section 3. Competent Court. Until otherwise provided by law, all
prosecutions under this Act shall be within the original jurisdiction of
the Sandiganbayan.
Section 5. Suspension and Loss of Benefits. Any public officer against
whom any criminal prosecution under a valid information under this Act
in whatever stage of execution and mode of participation, is pending in
court, shall be suspended from office.
• Should he be convicted by final judgment, he shall lose all
retirement or gratuity benefits under any law,
• but if he is acquitted, he shall be entitled to reinstatement and
to the salaries and other benefits which he failed to receive
during suspension, unless in the meantime, administrative
proceedings have been filed against him.
Section 6. Prescription of Crimes. The crime punishable under this Act
shall prescribe in twenty (20) years.
However, the right of the State to recover properties unlawfully acquired
by public officers from them or from their nominees or transferees shall
not be barred by prescription, laches, or estoppel.
Section 7. Separability of Provisions. If any provisions of this Act or
the application thereof to any person or circumstance is held invalid, the
remaining provisions of this Act and the application of such provisions
to other persons or circumstances shall not be affected thereby.
Section 8. Scope. This Act shall not apply to or affect pending
prosecutions or proceedings, or those which may be instituted under
Executive Order No. 1, issued and promulgated on February 28, 1986.
Section 9. Effectivity. This Act shall take effect after fifteen (15) days
from its publication in the Official Gazette and in a newspaper of
general circulation.
Estrada v Sandiganbayan
Plunder Law not vague. The Plunder Law contains ascertainable
standards and well-defined parameters which would enable the accused
to determine the nature of his violation. As long as the law affords some
comprehensible guide or rule that would inform those who are subject
to it what conduct would render them liable to its penalties, its validity
will be sustained. A statute is not rendered uncertain and void merely
because general terms are used therein, or because of the employment
of terms without defining them; the legislature to define each and every

18 @thejoannev JO VALLES
ANTI-PLUNDER ACT ad majorem dei gloriam SPECIAL PENAL LAW
word in an enactment. The court said that a statute/ act may be said to
be vague when it lacks comprehensible standards that men of common
intelligence must necessarily guess at its meaning and differ in its
application.
• Combination. It refers to at least 2 acts falling under different
categories of enumeration provided in Sec. 1, par. (d).
• Series. It refers to at least 2 overt or criminal acts falling under
the same category of enumeration found in Sec. 1, par. (d).
(misappropriation, malversation, and raids on the public
treasury).

Anti-plunder law does not require less evidence for proving the
crime of plunder. Legislature did not in any manner refashion the
standard quantum of proof in the crime of plunder. The burden still
remains with the prosecution to prove beyond any iota of doubt every
fact or element necessary to constitute the crime. However, there is no
need to prove each and every other act alleged in the Information to
have been committed by the accused in furtherance of the overall
unlawful scheme or conspiracy to amass, accumulate or acquire ill-
gotten wealth. For the Anti-Plunder Law, what the prosecution needs to
prove beyond reasonable doubt is only a number of acts sufficient to
form a combination or series which would constitute a pattern and
involving an amount of at least Php50 million.

Plunder is malum in se; criminal intent necessary. Precisely because

the constitutive crimes are mala in se the element of mens rea must be
proven in a prosecution for plunder. It is noteworthy that the amended
information alleges that the crime of plunder was committed willfully,
unlawfully and criminally. It thus alleges guilty knowledge on the part of
petitioner.

19 @thejoannev JO VALLES
ANTI-TORTURE ACT
ANTI-TORTURE ACT
RA 9745
An act penalizing torture and other cruel, inhuman and degrading
treatment or punishment and prescribing penalties therefor
November 10, 2009
Page 925 codal
Section 4. Acts of Torture
Torture refers to an act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for such
purposes as:
1. obtaining from him/her or a third person information or a
confession;
2. punishing him/her for an act he/she or a third person has
committed or is suspected of having committed; or
3. intimidating or coercing him/her or a third person; or
4. for any reason based on discrimination of any kind,
when such pain or suffering is inflicted by or at the instigation of or with
the consent or acquiescence of a person in authority or agent of a person
in authority.
• It does not include pain or suffering arising only from, inherent
in or incidental to lawful sanctions.
For purposes of this Act, torture shall include, but not be limited to, the
2.
following:
1. Physical torture- a form of treatment or punishment inflicted
by a person in authority or agent of a person in authority upon
another in his/her custody that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the body, such
as:
a. Systematic beating, headbanging, punching, kicking,
striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach;
b. Food deprivation or forcible feeding with spoiled
food, animal or human excreta and other stuff or
substances not normally eaten;
c. Electric shock;
d. Cigarette burning; burning by electrically heated rods,
hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids
or spices directly on the wound(s);
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ad majorem dei gloriam
e. The submersion of the head in water or water
polluted with excrement, urine, vomit and/or blood
until the brink of suffocation;
f. Being tied or forced to assume fixed and stressful
bodily position;
g. Rape and sexual abuse, including the insertion of
foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
h. Mutilation or amputation of the essential parts of the
body such as the genitalia, ear, tongue, etc.;
i. Dental torture or the forced extraction of the teeth;
j. Pulling out of fingernails;
k. Harmful exposure to the elements such as sunlight
and extreme cold;
l. The use of plastic bag and other materials placed over
the head to the point of asphyxiation;
m. The use of psychoactive drugs to change the
perception, memory, alertness or will of a person,
such as:
i. The administration of drugs to induce
confession and/or reduce mental
competency; or
ii. The use of drugs to induce extreme pain or
certain symptoms of a disease; and
n. Other analogous acts of physical torture; and
Mental/Psychological Torture- refers to acts committed by a
person in authority or agent of a person in authority which are
calculated to affect or confuse the mind and/or undermine a
person's dignity and morale, such as:
a. Blindfolding;
b. Threatening a person(s) or his/her relative(s) with
bodily harm, execution or other wrongful acts;
c. Confinement in solitary cells or secret detention
places;
d. Prolonged interrogation;
e. Preparing a prisoner for a "show trial", public display
or public humiliation of a detainee or prisoner;
f. Causing unscheduled transfer of a person deprived of
liberty from one place to another, creating the belief
that he/she shall be summarily executed;
g. Maltreating a member/s of a person's family;
h. Causing the torture sessions to be witnessed by the
person's family, relatives or any third party;
i. Denial of sleep/rest;
@thejoannev
SPECIAL PENAL LAW
j. Shame infliction such as stripping the person naked,
parading him/her in public places, shaving the
victim's head or putting marks on his/her body
against his/her will;
k. Deliberately prohibiting the victim to communicate
with any member of his/her family; and
l. Other analogous acts of mental/psychological
torture.
Other cruel, inhuman and degrading treatment or punishment
refers to a deliberate and aggravated treatment or punishment not
enumerated under Section 4 of this Act, inflicted by a person in authority
or agent of a person in authority against a person under his/her custody,
which attains a level of severity causing suffering, gross humiliation or
debasement to the latter.
Section 6
Freedom from torture and other cruel, inhuman, and degrading
treatment or punishment is an absolute right
Torture and other cruel, inhuman and degrading treatment or
punishment as criminal acts shall apply to all circumstances. The
following shall not and can never be invoked as a justification for torture
and other cruel, inhuman and degrading treatment or punishment:
• A state of war or a threat of war,
• internal political instability, or any other public emergency, or
• a document or any determination comprising an order of battle
o Order of Battle refers to any document or
determination made by the military, police or any law
enforcement agency of the government, listing the
names of persons and organizations that it perceives
to be enemies of the State and that it considers as
legitimate targets as combatants that it could deal
with, through the use of means allowed by domestic
and international law.
Section 7
Prohibited detention
Secret detention places, solitary confinement, incommunicado or other
similar forms of detention, where torture may be carried out with
impunity, are hereby prohibited.
• PNP and AFP and other law enforcement agencies shall make
an updated list of all detention centers and facilities under their
JO VALLES
ANTI-PLUNDER ACT
respective jurisdictions with the corresponding data on the
prisoners or detainees incarcerated or detained.
• This list shall be made available to the public at all times
Section 8
Exclusionary rule
Any confession, admission or statement obtained as a result of torture
shall be inadmissible in evidence in any proceedings, except if the same
is used as evidence against a person or persons accused of committing
torture.
Section 9
Right of torture victims and other persons involved
1. Prompt and partial investigation by concerned government
agencies like DOJ, PAO, PNP, NBI, and AFP.
a. A prompt investigation shall mean a maximum
period of sixty (60) working days from the time a
complaint for torture is filed within which an
investigation report and/or resolution shall be
completed and made available.
b. An appeal whenever available shall be resolved within
the same period prescribed herein;
2. To have sufficient government protection against all forms of
harassment, threat and/or intimidation as a consequence of the
ling of said complaint or the presentation of evidence therefor.
3. To be accorded sufficient protection in the manner by which
he/she testifies and presents evidence in any for a in order to
avoid further trauma.
Section 11
Assistance in filing a complaint
1. The CHR and the PAO shall render legal assistance in the
investigation and monitoring and/or ling of the complaint for
a person who suffers torture and other cruel, inhuman and
degrading treatment or punishment, or for any interested party
thereto.
2. The victim or interested party may also seek legal assistance
from the Barangay Human Rights Action Center (BHRAC)
nearest him/her as well as from human rights nongovernment
organizations (NGOs).
Section 12
Right to physical, medical and psychological examination
Before and after interrogation, every person arrested, detained or under
custodial investigation shall have the right to be informed of his/her
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ad majorem dei gloriam
right to demand physical examination by an independent and competent
doctor of his/her own choice.
• If such person cannot afford the services of his/her own
doctor, he/she shall be provided by the State with a competent
and independent doctor to conduct physical examination.
• The State shall endeavor to provide the victim with
psychological evaluation if available under the circumstances.
• If the person arrested is a female, she shall be attended to
preferably by a female doctor.
• Furthermore, any person arrested, detained or under custodial
investigation, including his/her immediate family, shall have
the right to immediate access to proper and adequate medical
treatment.
Section 15
Torture as a separate and independent crime
Torture as a crime shall not absorb or shall not be absorbed by any other
crime or felony committed as a consequence, or as a means in the
conduct or commission thereof.
• In which case, torture shall be treated as a separate and
independent criminal act whose penalties shall be imposable
without prejudice to any other criminal liability provided for
by domestic and international laws.
Section 16
In order not to depreciate the crime of torture, persons who have
committed any act of torture shall not benefit from any special amnesty
law or similar measures that will have the effect of exempting them from
any criminal proceedings and sanctions.
Section 18
Compensation to victims of torture
Any person who has suffered torture shall have the right to claim for
compensation as provided for under Republic Act No. 7309
• In no case shall compensation be any lower than Ten thousand
pesos (P10,000.00).
• Victims of torture shall also have the right to claim for
compensation from such other financial relief programs that
may be made available to him/her under existing law and rules
and regulations.
Section 19
Formulation of rehabilitation program
@thejoannev
SPECIAL PENAL LAW
Within one (1) year from the effectivity of this Act, the Department of
Social Welfare and Development (DSWD), the DOJ and the
Department of Health (DOH) and such other concerned government
agencies, and human rights organizations shall formulate a
comprehensive rehabilitation program for victims of torture and their
families.
• The DSWD, the DOJ and the DOH shall also call on human
rights nongovernment organizations duly recognized by the
government to actively participate in the formulation of such
program that shall provide for the physical, mental, social,
psychological healing and development of victims of torture
and their families.
• Toward the attainment of restorative justice, a parallel
rehabilitation program for persons who have committed
torture and other cruel, inhuman and degrading punishment
shall likewise be formulated by the same agencies.
Section 20
Monitoring compliance
An Oversight Committee is hereby created to periodically oversee the
implementation of this Act. The Committee shall be headed by a
Commissioner of the CHR, with the following as members:
• the Chairperson of the Senate Committee on Justice and
Human Rights,
• the respective Chairpersons of the House of Representatives'
Committees on Justice and Human Rights, and
• the Minority Leaders of both houses or their respective
representatives in the minority.
Section 22
Applicability of the RPC
The provisions of the Revised Penal Code insofar as they are applicable
shall be suppletory to this Act.
• If the commission of any crime punishable under Title Eight
(Crimes Against Persons) and Title Nine (Crimes Against
Personal Liberty and Security) of the Revised Penal Code is
attended by any of the acts constituting torture and other cruel,
inhuman and degrading treatment or punishment as defined
herein, the penalty to be imposed shall be in its maximum
period.
Section 12 of the 1987 Constitution
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ANTI-PLUNDER ACT ad majorem dei gloriam SPECIAL PENAL LAW
1. Any person under investigation for the commission of an
offense shall have the right to be informed of his right to
remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of
counsel.
2. No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or
Section 17 hereof shall be inadmissible in evidence against him.
4. The law shall provide for penal and civil sanctions for
violations of this Section as well as compensation to the
rehabilitation of victims of torture or similar practices, and
their families.

Section 19 of the 1987 Constitution

1. Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons involving heinous
crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.
2. The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.

22 @thejoannev JO VALLES
ANTI-TRAFFICKING ACT ad majorem dei gloriam SPECIAL PENAL LAW
1. The recruitment, transportation, transfer, harboring, adoption packages or activities, utilizing and offering escort and sexual services as
ANTI-TRAFFICKING IN PERSONS 2.
or receipt of a child for the purpose of exploitation or
When the adoption is induced by any form of consideration
enticement for tourists.
• This includes sexual services and practices offered during rest
for exploitative purposes and recreation periods for members of the military.
ACT OF 2003
Child. This refers to a person: Sexual exploitation. This refers to participation by a person in
RA 9208, as amended by RA 10364,
1. below eighteen (18) years of age or prostitution, pornography, or the production of pornographic materials
Expanded anti-trafficking in persons act of 2012
2. one who is over eighteen (18) but is unable to fully take care of in exchange for money, profit, or other consideration, or participation
or protect himself/herself from abuse, neglect, cruelty, is caused or facilitated by any means of:
Section 3
exploitation, or discrimination because of a physical or mental 1. threat,
Definition of terms
disability or condition. 2. deception,
The ones in blue are the amendments
Trafficking in persons. This refers to the: 3. coercion,
Prostitution. This refers to any act, transaction, scheme or design 4. abduction,
1. Recruitment
involving the use of a person by another, for sexual intercourse or 5. force,
2. Obtaining
lascivious conduct in exchange for money, profit or any other 6. abuse of authority,
3. Hiring
consideration. 7. debt bondage,
4. Providing
5. Offering 8. fraud or
Forced labor and slavery. These refer to the extraction of work or 9. through abuse of a victim's vulnerability.
6. Transportation,
services from any person by means of: 10. Or giving or receiving of benefits to achieve the consent of a
7. Transfer
1. enticement, person having control over another person or
8. Maintaining
2. violence, In sexual intercourse or lascivious conduct caused or facilitated by any
9. Harboring, or
3. intimidation or threat, means provided in this Act.
10. Receipt
4. use of force or coercion, including deprivation of freedom,
of persons with or without the victim's consent or knowledge, within or
abuse of authority or moral ascendancy, debt-bondage or Debt bondage. This refers to the pledging by the debtor of:
across national borders by means of:
deception 1. his/her personal services or labor or
1. threat or
including any work or service extracted from any person under the 2. those of a person under his/her control
2. use of force, or
menace of penalty. as security or payment for a debt, when:
3. other forms of coercion,
4. abduction, 1. the length and nature of services is not clearly defined or
Slavery. This refers to the status or condition of a person over whom 2. when the value of the services as reasonably assessed is not
5. fraud,
any or all of the powers attaching to the right of ownership are exercised. applied toward the liquidation of the debt.
6. deception,
7. abuse of power or of position,
Involuntary servitude. This refers to a condition of enforced and Pornography. This refers to any representation, through publication,
8. taking advantage of the vulnerability of the persons,
compulsory service induced by means of any scheme, plan or pattern, exhibition, cinematography, indecent shows, information technology, or
9. the giving or receiving of payments or benefits
intended to cause a person to believe that if he or she did not enter into by whatever means, of a person engaged in real or simulated explicit
to achieve the consent of a person having control over another person
or continue in such condition, he or she or another person would: sexual activities or any representation of the sexual parts of a person for
for the purpose of exploitation which includes at a minimum, the
1. suffer serious harm or primarily sexual purposes.
1. exploitation or
2. other forms of abuse or physical restraint,
2. the prostitution of others or
3. or threat of abuse or harm, or Section 4
3. other forms of sexual exploitation,
4. coercion including depriving access to travel documents and Acts of trafficking in persons
4. forced labor or services, slavery, servitude or
withholding salaries, or 1. Direct. To recruit, obtain, hire, provide, offer, transport,
5. the removal or sale of organs.
5. the abuse or threatened abuse of the legal process. transfer, maintain, harbor, provide, or receive a person by any
The following shall also be considered as trafficking in persons even if means, including those done under the pretext of domestic or
Sex tourism. This refers to a program organized by travel and tourism- overseas employment or training or apprenticeship, for the
it does not involve any of the means set forth in the preceding
related establishments and individuals which consists of tourism
paragraph:

23 @thejoannev JO VALLES
ANTI-TRAFFICKING ACT
purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage
2. Intermediary. To introduce or match for money, profit, or
material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino
women to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage
3. Marriage. To offer or contract marriage, real or simulated, for
the purpose of acquiring, buying, offering, selling, or trading
them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude or
debt bondage
4. Sex tourism. To undertake or organize tours and travel plans
consisting of tourism packages or activities for the purpose of
utilizing and offering persons for prostitution, pornography or
sexual exploitation
5. Hire. To maintain or hire a person to engage in prostitution
or pornography
6. Adopt. To adopt persons by any form of consideration for
exploitative purposes or to facilitate the same for purposes of
prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
7. Adopt. To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage
8. Organ removal. To recruit, hire, adopt, transport or abduct a
person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal
or sale of organs of said person; and
9. Armed activities. To recruit, transport or adopt a child to
engage in armed activities in the Philippines or abroad.
10. To recruit, transport, transfer, harbor, obtain, maintain, offer,
hire, provide or receive a person by means defined in Section
3 of this Act for purposes of forced labor, slavery, debt
bondage and involuntary servitude, including a scheme, plan,
or pattern intended to cause the person either:
a. To believe that if the person did not perform such
labor or services, he or she or another person would
suffer serious harm or physical restraint; or
b. To abuse or threaten the use of law or the legal
processes; and
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11. To recruit, transport, harbor, obtain, transfer, maintain, hire,
offer, provide, adopt or receive a child for purposes of
exploitation or trading them, including but not limited to, the
act of buying and/or selling a child for any consideration or
for barter for purposes of exploitation. Tracking for purposes
of exploitation of children shall include:
a. All forms of slavery or practices similar to slavery,
involuntary servitude, debt bondage and forced labor,
including recruitment of children for use in armed
conflict;
b. The use, procuring or offering of a child for
prostitution, for the production of pornography, or
for pornographic performances;
c. The use, procuring or offering of a child for the
production and trafficking of drugs; and
d. The use, procuring or offering of a child for illegal
activities or work which, by its nature or the
circumstances in which it is carried out, is likely to
harm their health, safety or morals; and
12. To organize or direct other persons to commit the offenses
defined as acts of trafficking under this Act."
Section 4A
Attempted Trafficking in Persons
Where there are acts to initiate the commission of a tracking offense but
the offender failed to or did not execute all the elements of the crime,
by accident or by reason of some cause other than voluntary desistance,
such overt acts shall be deemed as an attempt to commit an act of
tracking in persons.
• As such, an attempt to commit any of the offenses enumerated
in Section 4 of this Act shall constitute attempted trafficking in
persons.
When victim is a child. In cases where the victim is a child, any of the
following acts shall also be deemed as attempted trafficking in persons:
a. Facilitating the travel of a child who travels alone to a foreign
country or territory without valid reason therefor and without
the required clearance or permit from the Department of
Social Welfare and Development, or a written permit or
justification from the child's parent or legal guardian
b. Executing, for a consideration, an affidavit of consent or a
written consent for adoption
c. Recruiting a woman to bear a child for the purpose of selling
the child
@thejoannev
SPECIAL PENAL LAW
d. Simulating a birth for the purpose of selling the child
e. Soliciting a child and acquiring the custody thereof through any
means from among hospitals, clinics, nurseries, daycare
centers, refugee or evacuation centers, and low-income
families, for the purpose of selling the child
Section 4B
Accomplice
Whoever knowingly aids, abets, cooperates in the execution of the
offense by previous or simultaneous acts defined in this Act.
Section 4C
Accessories
Whoever has the knowledge of the commission of the crime, and
without having participated therein, either as principal or as accomplices,
take part in its commission in any of the following manners:
a. By profiting themselves or assisting the offender to profit by
the effects of the crime
b. By concealing or destroying the body of the crime or effects or
instruments thereof, in order to prevent its discovery
c. By harboring, concealing or assisting in the escape of the
principal of the crime, provided the accessory acts with abuse
of his or her public functions or is known to be habitually guilty
of some other crime.
Section 5
Acts that promote trafficking in persons
a. Providing venue. To knowingly lease or sublease, use or allow
to be used any house, building or establishment for the
purpose of promoting trafficking in persons;
b. False certificates. To produce, print and issue or distribute
unissued, tampered or fake counseling certificates, registration
stickers, overseas employment certificates, and certificates of
any government agency which issued these certificates, decals,
and such other markers and stickers as proof of compliance
with government regulatory and pre-departure requirements
for the purpose of promoting trafficking in persons;
c. Advertising. To advertise, publish, print, broadcast or
distribute, or cause the advertisement, publication, printing
broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure,
flyer, or any propaganda material that promotes trafficking in
persons;
JO VALLES
ANTI-TRAFFICKING ACT
d. Assistance in deceit. To assist in the conduct of
misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-
departure registration and services for departing persons for
the purpose of promoting trafficking in persons;
e. Assistance in travel. To facilitate, assist or help in the exit and
entry of persons from/to the country at international and local
airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in
persons;
f. Destroy. To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of trafficked
persons in furtherance of trafficking or to prevent them from
leaving the country or seeking redress from the government or
appropriate agencies; and
g. Benefit. To knowingly benefit from, financial or otherwise, or
make use of, the labor or services of a person held to a
condition of involuntary servitude, forced labor, or slavery.
h. To tamper with, destroy, or cause the destruction of evidence,
or to influence or attempt to influence witnesses, in an
investigation or prosecution of a case under this Act
i. To destroy, conceal, remove, confiscate or possess, or attempt
to destroy, conceal, remove, confiscate or possess, any actual
or purported passport or other travel, immigration or working
permit or document, or any other actual or purported
government identification, of any person in order to prevent
or restrict, or attempt to prevent or restrict, without lawful
authority, the person's liberty to move or travel in order to
maintain the labor or services of that person
j. To utilize his or her office to impede the investigation,
prosecution or execution of lawful orders in a case under this
Act
Section 6
Qualified trafficking in persons
1. Child. When the trafficked person is a child;
2. Adoption. When the adoption is effected through Republic
Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
3. When the crime is committed by a syndicate, or in large scale.
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ad majorem dei gloriam SPECIAL PENAL LAW
a. Syndicate. Trafficking is deemed committed by a The name and personal circumstances of the trafficked person or of the
syndicate if carried out by a group of three (3) or accused, or any other information tending to establish their identities
more persons conspiring or confederating with one and such circumstances or information shall not be disclosed to the
another. public.
b. Large scale. It is deemed committed in large scale if
committed against three (3) or more persons, Section 8
individually or as a group Who may file a complaint for trafficking
4. Relationship. When the offender is a spouse, an ascendant, 1. Any person who has personal knowledge of the commission
parent, sibling, guardian or a person who exercises authority of any offense under this Act,
over the trafficked person or when the offense is committed 2. the trafficked person,
by a public officer or employee; 3. the parents,
5. Military. When the trafficked person is recruited to engage in 4. spouse,
prostitution with any member of the military or law 5. siblings,
enforcement agencies; 6. children or
6. Military offender. When the offender is a member of the 7. legal guardian
military or law enforcement agencies; and
7. HIV/AIDS. When by reason or on occasion of the act of Section 9
trafficking in persons, the offended party dies, becomes insane, Venue
suffers mutilation or is afflicted with Human A criminal action arising from violation of this Act shall be filed:
Immunodeficiency Virus (HIV) or the Acquired Immune 1. where the offense was committed, or
Deficiency Syndrome (AIDS). 2. where any of its elements occurred, or
8. When the offender commits one or more violations of Section 3. where the trafficked person actually resides at the time of the
4 over a period of sixty (60) or more days, whether those days commission of the offense
are continuous or not; That the court where the criminal action is first filed shall acquire
9. When the offender directs or through another manages the jurisdiction to the exclusion of other courts.
tracking victim in carrying out the exploitative purpose of
trafficking Section 12
Prescriptive period
Section 7 Trafficking cases under this act shall prescribe in 10 years.
Confidentiality
• But when committed by a syndicate or in a large scale, it shall
Law enforcement officers, prosecutors and judges to whom the
prescribe in 20 years.
complaint has been referred may, whenever necessary to ensure a fair
Reckoning period. The prescriptive period shall commence to run
and impartial proceeding, and after considering all circumstances for the
from the day on which the trafficked person is delivered or released
best interest of the parties, order a closed-door investigation,
from the conditions of bondage or in the case of a child victim, from
prosecution or trial.
the day the child reaches the age of majority
• In cases when prosecution or trial is conducted behind closed-
doors, it shall be unlawful for any editor, publisher, and Interruption of period. Interrupted by the filing of the complaint or
reporter or columnist in case of printed materials, announcer information and shall commence to run again when such proceedings
or producer in case of television and radio, producer and terminate without the accused being convicted or acquitted or are
director of a film in case of the movie industry, or any person unjustifiably stopped for any reason not imputable to the accused.
utilizing tri-media facilities or information technology to cause
publicity of any case of trafficking in persons. Section 14
Confiscation and forfeiture of the proceeds and instruments of
the crime
@thejoannev JO VALLES
ANTI-TRAFFICKING ACT
In addition to the penalty imposed for the violation of this Act, the court
shall order the confiscation and forfeiture, in favor of the government,
of all the proceeds and properties derived from the commission of the
crime, unless they are the property of a third person not liable for the
unlawful act.
• Provided: That all awards for damages shall be taken from the
personal and separate properties of the offender
• If such properties are insufficient, the balance shall be taken
from the confiscated and forfeited properties
When the proceeds, properties and instruments of the offense have
been:
1. destroyed, diminished in value or otherwise rendered worthless
by any act or omission, directly or indirectly, of the offender or
2. it has been concealed, removed, converted or transferred to
prevent the same from being found or to avoid forfeiture or
confiscation,
the offender shall be ordered to pay the amount equal to the value of
the proceeds, property or instruments of the offense
Section 17
Legal protection to trafficked persons; consent irrelevant
Trafficked persons shall be recognized as victims of the act or acts of
trafficking and as such shall not be penalized for crimes directly related
to the acts of trafficking enumerated in this Act or in obedience to the
order made by the trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended exploitation set forth in
this Act shall be irrelevant.
Section 17-B
Irrelevance of past sexual behavior, opinion thereof, or
reputation of victims and consent of victims in cases of
deception, coercion, and other prohibited means
The past sexual behavior or the sexual predisposition of a tracked person
shall be considered inadmissible in evidence for the purpose of proving
consent of the victim to engage in sexual behavior, or to prove the
predisposition, sexual or otherwise, of a trafficked person. Furthermore,
the consent of a victim of trafficking to the intended exploitation shall
be irrelevant where any of the means set forth in Section 3(a) of this Act
has been used.
Section 19
Trafficked persons who are foreign nationals
Subject to the guidelines issued by the Council, trafficked persons in the
Philippines who are nationals of a foreign country shall also be entitled
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ad majorem dei gloriam SPECIAL PENAL LAW
to appropriate protection, assistance and services available to trafficked employed by perpetrators of human trafficking, and even
persons under this Act: without the use of coercive, abusive, or deceptive means, a
• Provided, that they shall be permitted continued presence in minor’s consent is not given out of his or her own free will.
the Philippines for a length of time prescribed by the Council • No sex needed to consummate offense. The act of "sexual
as necessary to effect the prosecution of offenders. intercourse" need not have been consummated for the mere
transaction i.e., that 'solicitation' for sex and the handing over
Section 26 of the "bust money" of Php1,000.00 already consummated the
Extradition said act.
The DOJ, in consultation with DFA, shall endeavor to include offenses
of trafficking in persons among extraditable offenses.
Section 26A
Extra-territorial jurisdiction
The State shall exercise jurisdiction over any act defined and penalized
under this Act, even if committed outside the Philippines and whether
or not such act or acts constitute an offense at the place of commission,
the crime being a continuing offense, having been commenced in the
Philippines and other elements having been committed in another
country, if the suspect or accused:
a. Is a Filipino citizen; or
b. Is a permanent resident of the PH; or
c. He has committed the act against a citizen of the PH.
No prosecution may be commenced against a person under this section
if a foreign government, in accordance with jurisdiction recognized by
the Philippines, has prosecuted or is prosecuting such person for the
conduct constituting such offense, except upon the approval of the
Secretary of Justice
The government may surrender or extradite persons accused of tracking
in the Philippines to the appropriate international court if any, or to
another State pursuant to the applicable extradition laws and treaties
People v Casio
Knowledge or consent of the minor is not a defense.
Casio was convicted of violating the Anti-trafficking law. One of the
defenses interposed by Casio was that AAA, the minor victim, was
already a prostitute even before Casio pimped her. This was admitted by
AAA. Is Casio’s conviction proper? Yes. Under the law, the knowledge
or even the consent of the victim is irrelevant and cannot be used as a
defense. When she pimped AAA, she already performed all the elements
of the offense [See Section 3 above]. AAA was recruited when her
services were peddled.
• Rationale. The reasons is the victim’s consent is rendered
meaningless due to the coercive, abusive, or deceptive means
@thejoannev JO VALLES
VAWC ad majorem dei gloriam SPECIAL PENAL LAW
physical or other harm or threat of physical or other 4. Dating relationship refers to a situation wherein the parties
VIOLENCE AGAINST WOMEN AND harm or coercion;
c. Prostituting the woman or her child
live as husband and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis
3. Psychological violence- refers to acts or omissions causing during the course of the relationship.
CHILDREN or likely to cause mental or emotional suffering of the victim o A casual acquaintance or ordinary socialization
such as but not limited to between two individuals in a business or social
Republic act no. 9262
a. intimidation, harassment, stalking, damage to context is not a dating relationship.
An act defining violence against women and their children, providing
property, public ridicule or humiliation, repeated 5. Sexual relations refers to a single sexual act which may or may
for protective measures for victims, prescribing penalties therefor, and
verbal abuse and marital infidelity. not result in the bearing of a common child.
for other purposes
b. It includes causing or allowing the victim to witness 6. Safe place or shelter refers to any home or institution
the physical, sexual or psychological abuse of a maintained or managed by the Department of Social Welfare
Page 432 codal
member of the family to which the victim belongs, or and Development (DSWD) or by any other agency or
to witness pornography in any form or to witness voluntary organization accredited by the DSWD for the
Violence against women and their children refers to any act or a
abusive injury to pets or to unlawful or unwanted purposes of this Act or any other suitable place the resident of
series of acts committed by any person against a woman who is:
deprivation of the right to custody and/or visitation which is willing temporarily to receive the victim.
a. his wife,
of common children. 7. Children refer to those below eighteen (18) years of age or
b. former wife, or
4. Economic abuse- refers to acts that make or attempt to make older but are incapable of taking care of themselves as defined
c. against a woman with whom the person has or had a sexual or
a woman financially dependent such as: under Republic Act No. 7610. As used in this Act, it includes:
dating relationship, or
a. withdrawal of financial support or preventing the a. the biological children of the victim and
d. with whom he has a common child,
victim from engaging in any legitimate profession, b. other children under her care.
or against her child:
occupation, business or activity, except in cases
a. whether legitimate or illegitimate,
wherein the other spouse/partner objects on valid, Section 5
b. within or without the family abode,
serious and moral grounds as defined in Article 73 of Acts of violence against women and children
which result in or is likely to result in physical, sexual, psychological
the Family Code;
harm or suffering, or economic abuse including threats of such acts,
b. deprivation or threat of deprivation of financial Section 24
battery, assault, coercion, harassment or arbitrary deprivation of liberty.
resources and the right to the use and enjoyment of Prescriptive period
the conjugal, community or property owned in • Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty
It includes, but is not limited to, the following acts:
common; (20) years.
1. Physical violence- refers to acts that include bodily or
c. destroying household property • Acts falling under Sections 5(g) to 5(i) shall prescribe in ten
physical harm
d. controlling the victim's own money or properties or (10) years.
2. Sexual violence- an act sexual in nature, committed against a
solely controlling the conjugal money or properties.
woman or her child
Some terms defined Section 8
a. rape, sexual harassment, acts of lasciviousness,
1. Battery refers to an act of inflicting physical harm upon the Protection orders
treating a woman or her child as a sex object, making
woman or her child resulting to physical and psychological or A protection order is an order issued under this Act for the purpose of
demeaning and sexually suggestive remarks,
emotional distress. preventing further acts of violence against a woman or her child
physically attacking the sexual parts of the victim's
2. Battered woman syndrome refers to a scientifically defined specified in Section 5 of this Act and granting other necessary relief.
body, forcing her/him to watch obscene publications
pattern of psychological and behavioral symptoms found in • The relief granted under a protection order should serve the
and indecent shows or forcing the woman or her
women living in battering relationships as a result of purpose of safeguarding the victim from further harm,
child to do indecent acts and/or make films thereof,
cumulative abuse. minimizing any disruption in the victim's daily life, and
forcing the wife and mistress/lover to live in the
3. Stalking refers to an intentional act committed by a person facilitating the opportunity and ability of the victim to
conjugal home or sleep together in the same room
who, knowingly and without lawful justify cation follows the independently regain control over her life.
with the abuser;
woman or her child or places the woman or her child under
b. acts causing or attempting to cause the victim to • The protection orders that may be issued under this Act are
surveillance directly or indirectly or a combination thereof.
engage in any sexual activity by force, threat of force, the:
o barangay protection order (BPO),

27 @thejoannev JO VALLES
VAWC ad majorem dei gloriam SPECIAL PENAL LAW
o temporary protection order (TPO) and Where to apply for a protection order g. an attestation that there is no pending application for
o permanent protection order (PPO). 1. Applications for BPOs shall follow the rules on venue under a protection order in another court.
Section 409 of the Local Government Code of 1991 and its Applicant not the victim. If the applicant is not the victim, the
Section 9 implementing rules and regulations application must be accompanied by an affidavit of the applicant
Who may file petition for protection orders 2. An application for a TPO or PPO may be filed in the attesting to
1. The offended party; a. regional trial court, 1. the circumstances of the abuse suffered by the victim
2. Parents or guardians of the offended party; b. metropolitan trial court, 2. the circumstances of consent given by the victim for the filing
3. Ascendants, descendants or collateral relatives within the c. municipal trial court, of the application.
fourth civil degree of consanguinity or affinity; d. municipal circuit trial court with territorial
4. Officers or social workers of the DSWD or social workers of jurisdiction over the place of residence of the When disclosure of address will bring danger. When disclosure of
local government units; petitioner: the address of the victim will pose danger to her life, it shall be so stated
5. Police officers, preferably those in charge of women and Provided, however, that if a family court exists in the place of residence in the application.
children's desks; of the petitioner, the application shall be filed with that court. • In such a case, the applicant shall attest that the victim is
6. Punong barangay or barangay kagawad residing in the municipality or city over which court has
7. Lawyer, counselor, therapist or healthcare provider of the Section 12 territorial jurisdiction and shall provide a mailing address for
petitioner; Enforceability of protection orders purposes of service processing.
8. At least two (2) concerned responsible citizens of the city or All TPOs and PPOs issued under this Act shall be enforceable anywhere
municipality where the violence against women and their in the Philippines and a violation thereof shall be punishable with a fine An application for protection order filed with a court shall be considered
children occurred and who has personal knowledge of the ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos an application for both a TPO and PPO.
offense committed. (P50,000.00) and/or imprisonment of six (6) months.
Assistance. Barangay officials and court personnel shall assist
SUMMARY OF RULES FOR PROTECTION ORDERS Section 11 applicants in the preparation of the application. Law enforcement agents
BPO TPO PPO How to apply for a protection order shall also extend assistance in the application for protection orders in
Where to file Barangay RTC, MTC, MeTC, MCTC cases brought to their attention.
with territorial jurisdiction 1. The application for a protection order must be:
over the place of residence of a. In writing, Section 14
petitioner b. signed and Barangay protection orders
Enforceability Barangay Anywhere in the PH c. verified under oath by the applicant BPOs refer to the protection order issued by the Punong barangay
Who issues Punong Court Court 2. It may be filed as an independent action or as an incidental ordering the perpetrator to desist from committing acts under Section
barangay, in his relief in any civil or criminal case the subject matter or issues 5(a) and (b) of this Act.
absence,
thereof partakes of a violence as described in this Act a. Causing physical harm to the woman or her child
barangay
3. A standard protection order application form, written in b. Threatening to cause the woman or her child physical harm;
kagawad
Ex parte / / Notice & English with translation to the major local languages, shall be
hearing reqd made available to facilitate applications for protection orders, When issued. A Punong barangay who receives applications for a BPO
Effectivity 15 days 30 days Forever and shall contain, among others, the following information: shall issue the protection order to the applicant on the date of filing after
Violation 30 days Contempt of court a. names and addresses of petitioner and respondent ex parte determination of the basis of the application.
imprisonment b. description of relationships between petitioner and
Bond to keep x Should respondent fail to give respondent When barangay kagawad may issue BPO. If the Punong barangay is
the peace the bond, detain for not c. a statement of the circumstances of the abuse; unavailable to act on the application for a BPO, the application shall be
exceeding 6 months for acts d. description of the reliefs requested by petitioner as acted upon by any available Barangay Kagawad.
punished by 5(a-f), and 30 specified in Section 8 herein • If the BPO is issued by a Barangay Kagawad, the order must
days for acts under 5(g-i) e. request for counsel and reasons for such be accompanied by an attestation by the Barangay Kagawad
f. request for waiver of application fees until hearing; that the Punong Barangay was unavailable at the time for the
Section 10 and issuance of the BPO.

28 @thejoannev JO VALLES
VAWC
Period of effectivity. BPOs shall be effective for fifteen (15) days.
• Immediately after the issuance of an e x p a r t e BPO, the
Barangay Kagawad or Punong Barangay shall personally serve
a copy of the same on the respondent, or direct any barangay
official to effect its personal service.
• The parties may be accompanied by a non-lawyer advocate in
any proceeding before the Punong barangay.
Section 15
Temporary protection orders
TPOs refer to the protection order issued by the court on the date of
ling of the application after ex parte determination that such order
should be issued.
• Effectivity. A court may grant in a TPO any, some or all of
the reliefs mentioned in this Act and shall be effective for thirty
(30) days.
• The court shall schedule a hearing on the issuance of a PPO
prior to or on the date of the expiration of the TPO.
• The court shall order the immediate personal service of the
TPO on the respondent by the court sheriff who may obtain
the assistance of law enforcement agents for the service.
• The TPO shall include notice of the date of the hearing on the
merits of the issuance of a PPO.
Section 16
Permanent protection orders
PPOs refer to protection order issued by the court after notice and
hearing.
• Respondents’ non-appearance despite proper notice, or his
lack of a lawyer, or the non-availability of his lawyer shall not
be a ground for rescheduling or postponing the hearing on the
merits of the issuance of a PPO.
• If the respondents appear without counsel on the date of the
hearing on the PPO, the court shall appoint a lawyer for the
respondent and immediately proceed with the hearing.
• In case the respondent fails to appear despite proper notice,
the court shall allow ex parte presentation of the evidence by
the applicant and render judgment on the basis of the evidence
presented.
• The court shall allow the introduction of any history of abusive
conduct of a respondent even if the same was not directed
29
ad majorem dei gloriam
against the applicant or the person for whom the applicant is
made.
Hearing. The court shall, to the extent possible, conduct the hearing
on the merits of the issuance of a PPO in one (1) day.
• Where the court is unable to conduct the hearing within one
(1) day and the TPO issued is due to expire, the court shall
continuously extend or renew the TPO for a period of thirty
(30) days at each particular time until final judgment is issued.
• The extended or renewed TPO may be modified by the court
as may be necessary or applicable to address the needs of the
applicant.
• The court may grant any, some or all of the reliefs specified in
Section 8 hereof in a PPO.
Effectivity. A PPO shall be effective until revoked by a court upon
application of the person in whose favor the order was issued.
• The court shall ensure immediate personal service of the PPO
on respondent.
• The court shall not deny the issuance of protection order on
the basis of the lapse of time between the act of violence and
the filing of the application.
• Regardless of the conviction or acquittal of the respondent, the
Court must determine whether or not the PPO shall become
final.
• Even in a dismissal, a PPO shall be granted as long as there is
no clear showing that the act from which the order might arise
did not exist.
Section 18
Mandatory period for acting on applications for protection orders
Failure to act on an application for a protection order within the
reglementary period specified in the previous sections without justifiable
cause shall render the official or judge administratively liable.
Section 21
Violation of protection orders
Violation of BPO. A complaint for a violation of a BPO issued under
this Act must be filed directly with any municipal trial court,
metropolitan trial court, or municipal circuit trial court that has territorial
jurisdiction over the barangay that issued the BPO.
• Violation of a BPO shall be punishable by imprisonment of
thirty (30) days without prejudice to any other criminal or civil
@thejoannev
SPECIAL PENAL LAW
action that the offended party may file for any of the acts
committed.
• A judgment of violation of a BPO may be appealed according
to the Rules of Court.
• During trial and upon judgment, the trial court may motu proprio
issue a protection order as it deems necessary without need of
an application.
Violation of TPO or PPO. Violation of any provision of a TPO or
PPO issued under this Act shall constitute contempt of court punishable
under Rule 71 of the Rules of Court, without prejudice to any other
criminal or civil action that the offended party may file for any of the
acts committed.
Section 26
Battered woman syndrome as a defense
Victim-survivors who are found by the courts to be suffering from
battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code.
• In the determination of the state of mind of the woman who
was suffering from battered woman syndrome at the time of
the commission of the crime, the courts shall be assisted by
expert psychiatrists/psychologists.
Section 27
Prohibited defense
The following shall not be a defense under this Act: being under the
influence of:
1. Alcohol
2. any illicit drug, or
3. any other mind-altering substance
Section 34
Persons intervening exempt from liability
In every case of violence against women and their children as herein
defined, any person, private individual or police authority or barangay
official who, acting in accordance with law, responds or intervenes
without using violence or restraint greater than necessary to ensure the
safety of the victim, shall not be liable for any criminal, civil or
administrative liability resulting therefrom.
Section 38
Exemption from payment of docket fee and other expenses
JO VALLES
VAWC
If the victim is an indigent or there is an immediate necessity due to
imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without payment
of the ling fee and other fees and of transcript of stenographic notes.
Ang v CA
Sexual or dating relationship. The dating relationship contemplated
by the law can exist without sexual intercourse taking place between the
parties involved. In fact, the law uses the conjunction OR.
Continuing basis. The law defines a dating relationship a as a situation
wherein the parties xx are romantically involved over time and on a
continuing basis during the course of the relationship. An "away-bati"
or a fight-and-kiss thing between two lovers is a common occurrence.
Their taking place does not mean that the romantic relation between the
two should be deemed broken up during periods of misunderstanding.
Socoro v Van Wilsem
Foreigner can be held liable for unjustified failure to support his
minor child. The issue presented in this case is whether or not a foreign
national can be held criminally liable under R.A. No. 9262 for his
unjustified failure to support his minor child. The answer is yes.
However, the basis cannot be Article 195 of the Family Code because
by virtue of the nationality principle, said provision applies only to
Filipino citizens. With respect to family rights and duties, the national
law of the foreigner shall govern. Therefore, in order to escape criminal
liability, the foreigner must prove that his national laws do not oblige
parents to support their children. In view of the foreigner’s failure to do
so, the doctrine of processual presumption prevails. That is, our courts
will presume that the foreign law is the same as our local or domestic or
internal law. Hence, he can be liable. But assuming that he was able to
overcome the burden of proof, he can still be liable because when the
foreign law, judgment or contract is contrary to established public
policy, the same shall not be applied.
Dabalos v RTC
Applicable kahit break na. It is immaterial whether the relationship
had ceased for as long as there is sufficient evidence showing the past
or present existence of such relationship between the offender and the
victim when the physical harm [or other violation of RA 9262] was
committed.
Violence need not be a consequence of the relationship. While it is
required that the offender has or had a sexual or dating relationship with
the offended woman, for RA 9262 to be applicable, it is not
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ad majorem dei gloriam
indispensable that the act of violence be a consequence of such
relationship.
Dinamiling v People
How violation is proved. The testimony of the complainant as a lone
witness to the actual perpetration of the act, as long as it is credible,
suffices to establish the guilt of the accused, because evidence is weighed
and not counted. Especially if the testimony bears the earmarks of truth
and sincerity and was delivered spontaneously, naturally and in a
straightforward manner, corroborative testimony is not needed to
support a conviction.
Aggravating circumstance. If the acts are committed while the
woman or child is pregnant or committed in the presence of her child,
the penalty to be applied shall be the maximum period of penalty
prescribed.
Physical violence and resulting bodily injury not relevant. Neither
the physical injuries suffered by the victim nor the actual physical
violence done by the perpetrator are necessary to prove the essential
elements of the crime, unless such were alleged to have caused the
emotional or mental suffering.
People v Genosa
Battered woman
A battered woman has been defined as a woman who is repeatedly
subjected to any forceful physical or psychological behavior by a
man in order to coerce her to do something he wants her to do without
concern for her rights.
• Battered women include wives or women in any form of
intimate relationship with men.
• Furthermore, in order to be classified as a battered woman, the
couple must go through the battering cycle at least twice
• Any woman may find herself in an abusive relationship with a
man once. If it occurs a second time, and she remains in the
situation, she is defined as a battered woman.
• Battered women exhibit common personality traits, such as
low self-esteem; emotional dependence upon the dominant
male; the tendency to accept responsibility for the batterer’s
actions; and false hopes that the relationship will improve.
Battered woman syndrome
The woman syndrome is characterized by the so-called “cycle of
violence,” which has three phases:
@thejoannev
SPECIAL PENAL LAW
1. the tension-building phase
2. the acute battering incident
3. the tranquil, loving (or, at least, nonviolent) phase
Tension-building phase. During the tension-building phase, minor
battering occurs — it could be verbal or slight physical abuse or another
form of hostile behavior.
• The woman usually tries to pacify the batterer through a show
of kind, nurturing behavior; or by simply staying out of his way.
All she wants is to prevent the escalation of the violence
exhibited by the batterer.
• This wish, however, proves to be double-edged, because her
“placatory” and passive behavior legitimizes his belief that he
has the right to abuse her in the first place.
• Exhausted from the persistent stress, the battered woman soon
withdraws emotionally. But the more she becomes emotionally
unavailable, the more the batterer becomes angry, oppressive
and abusive. Often, at some unpredictable point, the violence
“spirals out of control” and leads to an acute battering incident.
Acute battering incident. The acute battering incident is said to be
characterized by brutality, destructiveness and, sometimes, death.
• The battered woman deems this incident as unpredictable, yet
also inevitable.
• During this phase, she has no control; only the batterer may
put an end to the violence.
• At this stage, she has a sense of detachment from the attack
and the terrible pain, although she may later clearly remember
every detail. She knows from her past painful experience that
it is futile to fight back.
• Acute battering incidents are often very savage and out of
control, such that innocent bystanders or intervenors are likely
to get hurt.
Tranquil phase. During this tranquil period, the couple experience
profound relief.
• On the one hand, the batterer may show a tender and nurturing
behavior towards his partner. He knows that he has been
viciously cruel and tries to make up for it, begging for her
forgiveness and promising never to beat her again.
• On the other hand, the battered woman also tries to convince
herself that the battery will never happen again; that her partner
will change for the better; and that this good, gentle and caring
man is the real person whom she loves.
JO VALLES
ANTI-WIRETAPPING ACT
ANTI-WIRE TAPPING ACT
RA 4200
An act to prohibit and penalize wire-tapping and other related violations of the
privacy of communication, and for other purposes.
Section 1. It shall be unlawful for any person, not being authorized by
ALL the parties to any private communication or spoken word:
1. To tap any wire or cable, or by using any other device or
arrangement,
2. to secretly overhear, intercept, or record such communication
or spoken word by using a device commonly known as a
dictaphone or dictagraph or dictaphone or walkie-talkie or tape
recorder, or however otherwise described:
Possession, replay, and communication of recording. It shall also
be unlawful for any person, be he a participant or not in the act or acts
penalized in the next preceding sentence
1. to knowingly possess any tape record, wire record, disc record,
or any other such record, or copies thereof, of any
communication or spoken word secured either before or after
the effective date of this Act in the manner prohibited by this
law; or
2. to replay the same for any other person or persons; or
3. to communicate the contents thereof, either verbally or in
writing, or
4. to furnish transcriptions thereof, whether complete or partial,
to any other person:
Use as evidence when authorized by court (in specific crimes) not
covered by prohibition. Provided, That the use of such record or any
copies thereof as evidence in any civil, criminal investigation or trial of
offenses mentioned in section 3 hereof, shall not be covered by this
prohibition.
Section 2. Any person who willfully or knowingly does or who shall aid,
permit, or cause to be done any of the acts declared to be unlawful in
the preceding section or who violates the provisions of the following
section or of any order issued thereunder, or aids, permits, or causes
such violation shall, upon conviction thereof, be punished by
imprisonment for not less than six months or more than six years and
• with the accessory penalty of perpetual absolute
disqualification from public office if the offender be a public
official at the time of the commission of the offense, and,
• if the offender is an alien he shall be subject to deportation
proceedings.
31
ad majorem dei gloriam
Section 3. Nothing contained in this Act, however, shall render it unlawful
or punishable for any peace officer, who is authorized by a written order
of the Court, to execute any of the acts declared to be unlawful in the
two preceding sections in cases involving the crimes of:
1. treason,
2. espionage,
3. provoking war and disloyalty in case of war,
4. piracy,
5. mutiny in the high seas,
6. rebellion,
7. conspiracy and proposal to commit rebellion,
8. inciting to rebellion,
9. sedition,
10. conspiracy to commit sedition,
11. inciting to sedition,
12. kidnapping as defined by the Revised Penal Code, and
13. violations of Commonwealth Act No. 616, punishing
espionage and other offenses against national security:
When court order shall issue. Provided, That such written order shall
only be issued or granted upon:
1. written application and
2. the examination under oath or affirmation of the applicant and
the witnesses he may produce and
3. a showing:
a. that there are reasonable grounds to believe that any
of the crimes enumerated hereinabove has been
committed or is being committed or is about to be
committed:
Provided, however, That in cases involving the
offenses of rebellion, conspiracy and proposal to
commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, and inciting to
sedition, such authority shall be granted only upon
prior proof that a rebellion or acts of sedition, as the
case may be, have actually been or are being committed;
b. that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction
of any person for, or to the solution of, or to the
prevention of, any of such crimes; and
c. that there are no other means readily available for
obtaining such evidence.
Contents of the order: The order granted or issued shall specify:
1. Identity of the party listened to. The identity of the person
or persons whose communications, conversations,
discussions, or spoken words are to be overheard, intercepted,
@thejoannev
SPECIAL PENAL LAW
or recorded and, in the case of telegraphic or telephonic
communications, the telegraph line or the telephone number
involved and its location;
2. Identity of the listening officer. The identity of the peace
officer authorized to overhear, intercept, or record the
communications, conversations, discussions, or spoken words;
3. Offense sought to be prevented. The offense or offenses
committed or sought to be prevented; and
4. The period of the authorization. The authorization shall be
effective for the period specified in the order which shall not
exceed sixty (60) days from the date of issuance of the order,
unless extended or renewed by the court upon being satisfied
that such extension or renewal is in the public interest.
All recordings made under court authorization shall, within forty-eight
hours after the expiration of the period fixed in the order:
1. be deposited with the court in a sealed envelope or sealed
package, and
2. shall be accompanied by an affidavit of the peace officer
granted such authority stating the number of recordings made,
the dates and times covered by each recording, the number of
tapes, discs, or records included in the deposit, and
3. certifying that no duplicates or copies of the whole or any part
thereof have been made, or if made, that all such duplicates or
copies are included in the envelope or package deposited with
the court.
Use only upon order of the court. The envelope or package so
deposited shall not be opened, or the recordings replayed, or used in
evidence, or their contents revealed, except upon order of the court,
which shall not be granted except upon motion, with due notice and
opportunity to be heard to the person or persons whose conversation
or communications have been recorded.
The court referred to in this section shall be understood to mean the
Court of First Instance within whose territorial jurisdiction the acts for
which authority is applied for are to be executed.
Section 4. Any communication or spoken word, or the existence,
contents, substance, purport, effect, or meaning of the same or any part
thereof, or any information therein contained obtained or secured by
any person in violation of the preceding sections of this Act shall not
be admissible in evidence in any:
1. judicial,
2. quasi-judicial,
3. legislative or
4. administrative
hearing or investigation.
JO VALLES
ANTI-WIRETAPPING ACT ad majorem dei gloriam SPECIAL PENAL LAW
substance of the conversation need not be alleged in the
Gaanan v IAC information. What R.A. 4200 penalizes are the acts of secretly
The issue in this case is WON an extension telephone is among the overhearing, intercepting or recording private communications by
prohibited devices in Section 1 of the Act, such that its use to overhear means of the devices enumerated therein. The mere allegation that an
a private conversation would constitute unlawful interception of individual made a secret recording of a private communication by means
communications between the two parties using a telephone line. No. of a tape recorder would suffice to constitute an offense under Section
Law requires use of apparatus installed or used for the purpose of 1 of R.A. 4200.
listening to others’ conversation. The law refers to a tap of a wire or
cable or the use of a device or arrangement for the purpose of secretly
overhearing, intercepting, or recording the communication. There must
be either a physical interruption through a wiretap or the deliberate
installation of a device or arrangement in order to overhear, intercept,
or record the spoken words.
• An extension telephone cannot be placed in the same category
as a dictaphone, dictagraph or the other devices enumerated in
Section 1 of RA No. 4200 as the use thereof cannot be
considered as "tapping" the wire or cable of a telephone line.
• The telephone extension in this case was not installed for that
purpose. The law refers to instruments whose installation or
presence cannot be presumed by the party or parties being
overheard because, by their very nature, they are not of
common usage and their purpose is precisely for tapping,
intercepting or recording a telephone conversation.

Ramirez v. Court of Appeals

In support of the civil case that Ramirez filed against Garcia, alleging
that the latter insulted and humiliated her, Ramirez presented a
verbatim transcript (she was able to produce this because she recorded
their conversation) of their confrontation. Garcia charged her for
violating the Anti-Wiretapping Act. But Ramirez contends that she
cannot be held liable therefor because the law only contemplates third
persons who record conversations of which they are not part, and that
the substance of the conversation must be alleged in the information.
Proper? No.

Those privy to the conversation may be liable under this law.

Section 1 of R.A. 4200 clearly and unequivocally makes it illegal for any
person, not authorized by all the parties to any private communication
to secretly record such communication by means of a tape recorder. The
law makes no distinction as to whether the party sought to be penalized
by the statute ought to be a party other than or different from those
involved in the private communication. The statute's intent to penalize
all persons unauthorized to make such recording is underscored by the
use of the qualifier "any." Even a person privy to a communication who
records his private conversation with another without the knowledge of
the latter will qualify as a violator under this provision of R.A. 4200. The

32 @thejoannev JO VALLES
ANTI-BOUNCING CHECKS LAW
ANTI-BOUNCING CHECKS LAW
Batas Pambansa Blg. 22
An act penalizing the making or drawing and issuance of a check
without sufficient funds or credit and for other purposes.
Section 1
Checks without sufficient funds.
Any person who:
1. makes or draws and issues any check to apply on account or
for value,
2. knowing at the time of issue that he does not have sufficient
funds in or credit with the drawee bank for the payment of
such check in full upon its presentment,
3. which check is subsequently dishonored by the drawee bank
for insufficiency of funds or credit or would have been
dishonored for the same reason had not the drawer, without
any valid reason, ordered the bank to stop payment,
shall be punished by imprisonment of not less than thirty days but not
more than one (1) year or by a fine of not less than but not more than
double the amount of the check which fine shall in no case exceed
200, 000 Pesos, or both such fine and imprisonment at the discretion of
the court.
The same penalty shall be imposed upon any person who,
1. having sufficient funds in or credit with the drawee bank
when he makes or draws and issues a check,
2. shall fail to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within a period
of ninety (90) days from the date appearing thereon,
3. for which reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity, the
person or persons who actually signed the check in behalf of such
drawer shall be liable under this Act.
Section 2
Evidence of knowledge of insufficient funds.
The making, drawing and issuance of a check payment of which is
refused by the drawee because of insufficient funds in or credit with
such bank, when presented within ninety (90) days from the date of
the check, shall be prima facie evidence of knowledge of such
insufficiency of funds or credit unless:
1. such maker or drawer pays the holder thereof the amount due
thereon, or
33
ad majorem dei gloriam SPECIAL PENAL LAWS
2. makes arrangements for payment in full by the drawee of such is the issuance of a bouncing check and not the purpose for which it was
check issued nor the terms and conditions relating to its issuance. The mere
within (5) banking days after receiving notice that such check has not act of issuing a worthless check is malum prohibitum. Llamado v CA
been paid by the drawee.
Lim v People
Section 3 BP 22 is malum prohibitum. The gravamen of B. P. No. 22 is the act
Duty of drawee; rules of evidence. of making and issuing a worthless check or one that is dishonored upon
It shall be the duty of the drawee of any check, when refusing to pay the its presentment for payment. The act is malum prohibitum, pernicious
same to the holder thereof upon presentment, to cause to be written, and inimical to public welfare. Why and to whom the check was issued
printed, or stamped in plain language thereon, or attached thereto, the is irrelevant in determining culpability. The terms and conditions
reason for drawee's dishonor or refusal to pay the same: surrounding the issuance of the checks are also irrelevant.
• Provided, That where there are no sufficient funds in or credit
with such drawee bank, such fact shall always be explicitly Nierras v dacuycuy
stated in the notice of dishonor or refusal. Single act of issuing worthless check may give rise to liability
under BP 22 and estafa under RPC. What is prohibited is not the
In all prosecutions under this Act, the introduction in evidence of any prosecution for the same act, but the prosecution for the same offense.
unpaid and dishonored check, having the drawee's refusal to pay This is because a single criminal act can give rise to multiplicity of
stamped or written thereon or attached thereto, with the reason therefor offenses and where is variance of elements, there can be no double
as aforesaid, shall be prima facie evidence of the making or issuance of jeopardy. The following are the differences between BP 22 and estafa:
said check, and the due presentment to the drawee for payment and the
dishonor thereof, and that the same was properly dishonored for the BP 22 Estafa
reason written, stamped or attached by the drawee on such dishonored Check issued for a present or Check is issued for a pre-existing
check. existing obligation obligation
• Notwithstanding receipt of an order to stop payment, the Crime against public interest; Crime against property
drawee shall state in the notice that there were no sufficient Injury to the entire banking
funds in or credit with such bank for the payment in full of system
such check, if such be the fact. Mala prohibitum Mala in se
Elements: Elements:
Section 4 1. Mere issuance of a 1. Issuance of a check in
Credit construed. - The word "credit" as used herein shall be construed to check w/o sufficient payment of an
mean an arrangement or understanding with the bank for the payment funds obligation contracted at
of such check. 2. Dishonor by the the time the check was
drawee issued
Section 5 2. Lack of funds
Liability under the Revised Penal Code. Prosecution under this Act shall be 3. Damage
without prejudice to any liability for violation of any provision of the
Revised Penal Code. Wong v CA
Wong issued 6 post-dated checks to guarantee payment of his
Malum prohibitum; law punishes the act of issuing worthless customers. However, the agreement was later on changed in that the
checks, regardless of underlying transaction. True, it is common checks will no longer serve as guarantee, but rather, they are to serve as
practice in commercial transactions to require debtors to issue checks payment for Wong’s prior unremitted collections. The checks were
on which creditors must rely as guarantee of payment, or as evidence of dishonored. Assuming all other elements of BP 22 are present, can
indebtedness, if not a mode of payment. But to determine the reason for Wong be convicted? Yes.
which checks are issued, or the terms and conditions for their issuance, What BP 22 punishes is the issuance of a bouncing check and not
will greatly erode the faith the public reposes in the stability and the purpose for which it was issued nor the terms and conditions relating
commercial value of checks as currency substitutes, and bring about to its issuance.
havoc in trade and in banking communities. So, what the law punishes
@thejoannev JO VALLES
ANTI-BOUNCING CHECKS LAW
People v Grospe
Subject checks were issued in Bulacan, delivered to SMC Regional
Office in Pampanga, and dishonored by the PDB Bulacan Branch. RTC
Pampanga dismissed the case for lack of jurisdiction. Proper? No.
Estafa and BP 22 are transitory offenses and may be tried in the place
where any of the essential elements took place.
• Estafa. The damage was inflicted in Bulacan, where the check
was dishonored. Deceit took place in Pampanga, where it was
delivered to the finance officer, the person intended to be a
holder of the check. Either court may take cognizance.
• BP 22. BP 22 penalizes the making, drawing, and issuing of
worthless checks, which happened in Bulacan. The dishonor
also took place in Bulacan. Knowledge is also an essential
element, which is a continuing eventuality, whether the
accused is in one territory or another. Accordingly, Pampanga
also has jurisdiction.
Llamado v CA
It was company practice for the treasurer to sign blank checks and leave
them with the president to allow the latter to make disbursements even
in the absence of the treasurer. One of such checks were issued and
subsequently dishonored for lack of funds. Can the treasurer be
convicted notwithstanding the fact that he merely signed the check
without being involved in the transaction for which it was issued? Yes.
Knowledge is a state of mind and is difficult to prove; hence the
law presumes knowledge. The law presumes that the drawer had
knowledge of the insufficiency of his funds in or credit with the bank at
the time of the issuance and on the check's presentment for payment.
Petitioner failed to rebut the presumption by paying the amount of the
check within five (5) banking days from notice of the dishonor. His
claim that he signed the check in blank which allegedly is common
business practice, is hardly a defense. As Treasurer of the corporation
who signed the check in his capacity as an officer of the corporation,
lack of involvement in the negotiation for the transaction is not a
defense.
Svendensen v People
Oral notice of dishonor and demand to pay not sufficient for
conviction. Both the letter and the spirit of the Law require not only
the fact of dishonor, but also that the accused has been notified in
writing of such fact. If no notice is given to the maker or drawer of the
check or if there is no proof as to when such notice was received, the
presumption of knowledge provided in Section 2 cannot arise, since
there would be no way of reckoning the crucial 5-day period.
Proof of receipt required as well. Not only must there be written
notice of dishonor or demand letters, but there must also be proof of
34
ad majorem dei gloriam
receipt thereof that is property authenticated, and not mere registered
receipt and/or return receipt.
People v Nitafan
BP 22 applies to memorandum checks. A memorandum check is in
the form of an ordinary check, with the word “memorandum”, “memo”
or “mem” written across its face, signifying that the maker or drawer
engages to pay the bona fide holder absolutely, without any condition
concerning its presentment. It has the same effect as an ordinary check
and if passed to a third person, it will be valid any other check. A
memorandum check must therefore fall within the ambit of B.P. 22 as
the law does not distinguish what kind of check must be issued. What
the law punishes is the issuance itself of a bouncing check and not the
purpose for which it was issued nor the terms and conditions relating to
its issuance.
Private arrangements do not prevail over the law. Admittedly, a
memorandum check may carry with it the understanding that it is not to
be presented at the bank but will be redeemed by the maker himself
when the loan falls due. However, with the promulgation of BP 22, such
understanding or private arrangement may no longer prevail to exempt
it from penal sanction imposed by the law.
Tan v Mendez
Issuing worthless check is malum prohibitum. The law has made
the mere act of issuing a bum check a malum prohibitum, an act proscribed
by legislature for being deemed pernicious and inimical to public
welfare. The gravamen of the offense under this law is the act of issuing
a worthless check or a check that is dishonored upon its presentment
for payment. Thus, even if there had been payment, through
compensation or some other means, there could still be prosecution for
violation of B.P. 22. We find that no reversible error was committed by
the courts a quo in finding petitioners guilty of violation of B.P. 22.
Lim Lao v CA
Prima facie presumption of knowledge of lack of funds. The law
merely provides a rebuttable presumption, and not a conclusive one.
Hence, evidence to the contrary can be adduced to escape criminal
liability.
• Acquitted; no actual knowledge. In this case, Lim Lao, a
marketing employee of an investment company, co-signed 3
checks that bounced. Petitioner was not in any way involved in
the completion, and the subsequent delivery of the check to
private complainant. At the time petitioner signed the checks,
she had no knowledge of the sufficiency or insufficiency of the
funds of the corporate account. It was not within her powers,
@thejoannev
SPECIAL PENAL LAWS
duties or responsibilities to monitor and assess the balances
against the issuance; much less was it within her (duties and
responsibilities) to make sure that the checks were funded. The
Company treasurer alone had access to information as to
account balances and which alone was responsible for funding
the issued checks.
Bautista v CA
The ninety (90)-day period is not among the elements of the first
paragraph of Section 1 of BP 22; making, issuing or drawing.
Section 2 of BP 22 is clear that a dishonored check presented within the
ninety (90)-day period creates a prima facie presumption of knowledge
of insufficiency of funds, which is an essential element of the offense.
An endorser who passes a bad check may be held liable under BP 22,
even though the presumption of knowledge does not apply to him, if
there is evidence that at the time of endorsement, he was aware of the
insufficiency of funds. The only consequence of the failure to present
the check for payment within ninety (90) days from the date stated is
that there arises no prima facie presumption of knowledge of
insufficiency of funds. But the prosecution may still prove such
knowledge through other evidence.
SC Administrative Circular No. 12-2000
Re: Penalty for Violation of BP 22
In the case of Eduardo Vaca v CA, the penalty of imprisonment was
deleted and only a fine in the amount of double the check was imposed
in order to best serve the ends of criminal justice, in view of the good
faith of the accused. To wit:
• Petitioners are first-time offenders. They are Filipino
entrepreneurs who presumably contribute to the national
economy. Apparently, they brought this appeal, believing in all
good faith, although mistakenly, that they had not committed
a violation of B.P. Blg. 22. Otherwise, they could simply have
accepted the judgment of the trial court and applied for
probation to evade a prison term.
SC Administrative Circular No. 13-2001
Re: Clarification of Administrative Circular No. 12-2000
1. Only a rule of preference. The clear tenor and intention
of Administrative Circular No. 12-2000 is not to remove
imprisonment as an alternative penalty, but to lay down a rule
of preference in the application of the penalties provided for
in B.P. Blg. 22.
JO VALLES
ANTI-BOUNCING CHECKS LAW ad majorem dei gloriam SPECIAL PENAL LAWS
2. The pursuit of this purpose clearly does not foreclose the
possibility of imprisonment for violations of B.P. Blg. 22.
Neither does it defeat the legislative intent behind the law.
3. Thus, Administrative Circular No. 12-2000 establishes a rule of
preference in the application of the penal provisions of B.P.
Blg. 22 such that where the circumstances of both the
offense and the offender clearly indicate good faith or a
clear mistake of fact without taint of negligence, the
imposition of a fine alone should be considered as the
more appropriate penalty. Needless to say, the
determination of whether the circumstances warrant the
imposition of a fine alone rests solely upon the Judge. Should
the Judge decide that imprisonment is the more appropriate
penalty, Administrative Circular No. 12-2000 ought not be
deemed a hindrance.

It is, therefore, understood that:

1. Administrative Circular 12-2000 does not remove imprisonment
as an alternative penalty for violations of B.P. Blg. 22;
2. The Judges concerned may, in the exercise of sound discretion,
and taking into consideration the peculiar circumstances of
each case, determine whether the imposition of a fine alone
would best serve the interests of justice or whether forbearing
to impose imprisonment would depreciate the seriousness of
the offense, work violence on the social order, or otherwise be
contrary to the imperatives of justice;
3. Should only a fine be imposed and the accused be unable to
pay the fine, there is no legal obstacle to the application of
the Revised Penal Code provisions on subsidiary imprisonment.

35 @thejoannev JO VALLES
DANGEROUS DRUGS ACT ad majorem dei gloriam SPL
to identify any person involved in any dangerous drugs related offense, Manufacture. The production, preparation, compounding or
COMPREHENSIVE DANGEROUS or to facilitate prosecution of that offense. processing of any dangerous drug and/or controlled precursor and
essential chemical, either directly or indirectly or by extraction from
Controlled Precursors and Essential Chemicals. Include those listed substances of natural origin, or independently by means of chemical
DRUGS ACT OF 2002 in Tables I and II of the 1988 UN Convention Against Illicit Traffic in synthesis or by a combination of extraction and chemical synthesis, and
Narcotic Drugs and Psychotropic Substances as enumerated in the shall include any packaging or repackaging of such substances, design or
RA 9165, as amended by RA 10640
attached annex, which is an integral part of this Act. configuration of its form, or labeling or relabeling of its container;
except that such terms do not include the preparation, compounding,
Article 1
Cultivate or Culture. Any act of knowingly planting, growing, raising, packaging or labeling of a drug or other substances by a duly authorized
Definition of Terms
or permitting the planting, growing or raising of any plant which is the practitioner as an incident to his/her administration or dispensation of
Administer. Any act of
source of a dangerous drug such drug or substance in the course of his/her professional practice
1. introducing any dangerous drug into the body of any person,
including research, teaching and chemical analysis of dangerous drugs or
with or without his/her knowledge by:
Dangerous Drugs. Include those listed in the Schedules annexed to the such substances that are not intended for sale or for any other purpose.
a. injection,
1961 Single Convention on Narcotic Drugs, as amended by the 1972
b. inhalation,
Protocol, and in the Schedules annexed to the 1971 Single Convention Cannabis or commonly known as “Marijuana” or “Indian Hemp”
c. ingestion or
on Psychotropic Substances as enumerated in the attached annex which or by its any other name. – Embraces every kind, class, genus, or specie
d. other means, or of
is an integral part of this Act. of the plant Cannabis sativa L. including, but not limited to, Cannabis
2. committing any act of indispensable assistance to a person
americana, hashish, bhang, guaza, churrus and ganjab, and embraces
in administering a dangerous drug to himself/herself unless
Deliver. Any act of knowingly passing a dangerous drug to another, every kind, class and character of marijuana, whether dried or fresh and
administered by a duly licensed practitioner for purposes of
personally or otherwise, and by any means, with or without flowering, flowering or fruiting tops, or any part or portion of the plant
medication.
consideration. and seeds thereof, and all its geographic varieties, whether as a reefer,
resin, extract, tincture or in any form whatsoever.
Chemical diversion. The sale, distribution, supply or transport of
Den, Dive or Resort. A place where any dangerous drug and/or
legitimately imported, in-transit, manufactured or procured controlled
controlled precursor and essential chemical is administered, delivered, Methylenedioxymethamphetamine (MDMA) or commonly known
precursors and essential chemicals, in diluted, mixtures or in
stored for illegal purposes, distributed, sold or used in any form. as “Ecstasy”, or by its any other name. – Refers to the drug having such
concentrated form, to any person or entity engaged in the manufacture
chemical composition, including any of its isomers or derivatives in any
of any dangerous drug, and shall include packaging, repackaging,
Dispense. Any act of giving away, selling or distributing medicine or form.
labeling, relabeling or concealment of such transaction through fraud,
any dangerous drug with or without the use of prescription.
destruction of documents, fraudulent use of permits, misdeclaration, use
Drug Dependence. As based on the World Health Organization Methamphetamine Hydrochloride or commonly known as “Shabu”,
of front companies or mail fraud
definition, it is a cluster of physiological, behavioral and cognitive “Ice”, “Meth”, or by its any other name. Refers to the drug having such
phenomena of variable intensity, in which the use of psychoactive drug chemical composition, including any of its isomers or derivatives in any
Clandestine laboratory. Any facility used for the illegal manufacture of
takes on a high priority thereby involving, among others, a strong desire form.
any dangerous drug and/or controlled precursor and essential chemical.
or a sense of compulsion to take the substance and the difficulties in
controlling substance - taking behavior in terms of its onset, termination, Opium. Refers to the coagulated juice of the opium poppy (Papaver
Confirmatory Test. An analytical test using a device, tool or equipment
or levels of use. somniferum L.) and embraces every kind, class and character of opium,
with a different chemical or physical principle that is more specific which
whether crude or prepared; the ashes or refuse of the same; narcotic
will validate and confirm the result of the screening test.
Drug Syndicate. Any organized group of two (2) or more persons preparations thereof or therefrom; morphine or any alkaloid of opium;
forming or joining together with the intention of committing any preparations in which opium, morphine or any alkaloid of opium enters
Controlled Delivery. The investigative technique of allowing an
offense prescribed under this Act. as an ingredient; opium poppy; opium poppy straw; and leaves or
unlawful or suspect consignment of any dangerous drug and/or
wrappings of opium leaves, whether prepared for use or not.
controlled precursor and essential chemical, equipment or
Financier. Any person who pays for, raises or supplies money for, or Opium Poppy. Refers to any part of the plant of the species Papaver
paraphernalia, or property believed to be derived directly or indirectly
underwrites any of the illegal activities prescribed under this Act. somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
from any offense, to pass into, through or out of the country under the
bracteatum and Papaver rhoeas, which includes the seeds, straws,
supervision of an authorized officer, with a view to gathering evidence

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DANGEROUS DRUGS ACT
branches, leaves or any part thereof, or substances derived therefrom,
even for floral, decorative and culinary purposes.
Protector/Coddler. Any person who knowingly and willfully consents
to the unlawful acts provided for in this Act and uses his/her influence,
power or position in shielding, harboring, screening or facilitating the
escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of this Act in order
to prevent the arrest, prosecution and conviction of the violator.
Pusher. Any person who sells, trades, administers, dispenses, delivers
or gives away to another, on any terms whatsoever, or distributes,
dispatches in transit or transports dangerous drugs or who acts as a
broker in any of such transactions, in violation of this Act.
Screening Test. A rapid test performed to establish
potential/presumptive positive result.
Sell. Any act of giving away any dangerous drug and/or controlled
precursor and essential chemical whether for money or any other
consideration.
Trading. Transactions involving the illegal trafficking of dangerous
drugs and/or controlled precursors and essential chemicals using
electronic devices such as, but not limited to, text messages, e-mail,
mobile or landlines, two-way radios, internet, instant messengers and
chat rooms or acting as a broker in any of such transactions whether for
money or any other consideration in violation of this Act.
Use. Any act of injecting, intravenously or intramuscularly, of
consuming, either by chewing, smoking, sniffing, eating, swallowing,
drinking or otherwise introducing into the physiological system of the
body, any of the dangerous drugs.
Article 2
Unlawful Acts and Penalties
SEC. 4. Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. Regardless of quantity
Maximum penalty shall be imposed upon:
1. Diplomatic facilities. Any person, who, unless authorized
under this Act, shall import or bring into the Philippines any
dangerous drug and/or controlled precursor and essential
chemical through the use of a diplomatic passport, diplomatic
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facilities or any other means involving his/her official status
intended to facilitate the unlawful entry of the same. In
addition, the diplomatic passport shall be confiscated and
canceled.
2. Financier. Any person, who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this
Section.
SEC. 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
Maximum penalty shall be imposed in the following:
1. Near the school. If the sale, trading, administration,
dispensation, delivery, distribution or transportation of any
dangerous drug and/or controlled precursor and essential
chemical transpires within one hundred (100) meters from the
school, the maximum penalty shall be imposed in every case.
2. Use of minors and incapacitated. For drug pushers who use
minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly
connected to the dangerous drugs and/or controlled
precursors and essential chemicals trade, the maximum penalty
shall be imposed in every case.
3. Victim is a minor or an incapacitated + proximate cause
of death. If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any
offense herein provided be the proximate cause of death of a
victim thereof, the maximum penalty provided for under this
Section shall be imposed.
4. Financier. The maximum penalty provided for under this
Section shall be imposed upon any person who organizes,
manages or acts as a “financier” of any of the illegal activities
prescribed in this Section.
SEC. 6. Maintenance of a Den, Dive or Resort.
1. Minor. The maximum penalty provided for under this Section
shall be imposed in every case where any dangerous drug is
administered, delivered or sold to a minor who is allowed to
use the same in such a place.
2. Proximate cause of death. Should any dangerous drug be the
proximate cause of the death of a person using the same in
such den, dive or resort, the penalty of death and a fine ranging
from One million (P1,000,000.00) to Fifteen million pesos
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(P15,000,000.00) shall be imposed on the maintainer, owner
and/or operator.
3. When confiscated. If such den, dive or resort is owned by a
third person, the same shall be confiscated and escheated in
favor of the government:
a. Provided, That the criminal complaint shall
specifically allege that such place is intentionally used
in the furtherance of the crime:
b. Provided, further, That the prosecution shall prove
such intent on the part of the owner to use the
property for such purpose:
c. Provided, finally, That the owner shall be included as
an accused in the criminal complaint.
4. The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this
Section
SEC. 7. Employees and Visitors of a Den, Dive or Resort.
The person must be aware of the nature of the place
SEC. 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
Pima facie proof of manufacture. The presence of any controlled
precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any
dangerous drug.
When considered as aggravating. It shall be considered an
aggravating circumstance if the clandestine laboratory is undertaken or
established under the following circumstances:
1. Any phase of the manufacturing process was conducted in the
presence or with the help of minor/s;
2. Any phase or manufacturing process was established or
undertaken within one hundred (100) meters of a residential,
business, church or school premises;
3. Any clandestine laboratory was secured or protected with
booby traps;
4. Any clandestine laboratory was concealed with legitimate
business operations; or
5. Any employment of a practitioner, chemical engineer, public
official or foreigner.
Maximum penalty on financier. The maximum penalty provided for
under this Section shall be imposed upon any person, who organizes,
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DANGEROUS DRUGS ACT
manages or acts as a “financier” of any of the illegal activities prescribed
in this Section.
SEC. 9. Illegal Chemical Diversion of Controlled Precursors and
Essential Chemicals.
SEC. 10. Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
Knows, or under circumstances where one reasonably should know, that
it will be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain or conceal any dangerous drug and/or controlled
precursor and essential chemical in violation of this Act.
Maximum penalty. The maximum penalty provided for under this
Section shall be imposed upon any person, who uses a minor or a
mentally incapacitated individual to deliver such equipment, instrument,
apparatus and other paraphernalia for dangerous drugs.
SEC. 11. Possession of Dangerous Drugs. regardless of purity.
SEC. 12. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs.
The possession of such equipment, instrument, apparatus and other
paraphernalia fit or intended for any of the purposes enumerated in the
preceding paragraph shall be prima facie evidence that the possessor has
smoked, consumed, administered to himself/herself, injected, ingested
or used a dangerous drug and shall be presumed to have violated Section
15 of this Act.
SEC. 13. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings.
Any person found possessing any dangerous drug during a party, or at a
social gathering or meeting, or in the proximate company of at least two
(2) persons, shall suffer the maximum penalties provided for in Section
11 of this Act, regardless of the quantity and purity of the dangerous
drug
SEC. 14. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs During Parties, Social
Gatherings or Meetings.
The maximum penalty provided for in Section 12 of this Act shall be
imposed upon any person, who shall possess or have under his/her
control any equipment, instrument, apparatus and other paraphernalia
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fit or intended for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body, during
parties, social gatherings or meetings, or in the proximate company of
at least two (2) persons.
SEC. 15. Use of Dangerous Drugs.
SEC. 16. Cultivation or Culture of Plants Classified as Dangerous
Drugs or Are Sources Thereof.
The land or portions thereof and/or greenhouses on which any of said
plants is cultivated or cultured shall be confiscated and escheated in
favor of the State, unless the owner thereof can prove lack of knowledge
of such cultivation or culture despite the exercise of due diligence on
his/her part. If the land involved is part of the public domain, the
maximum penalty provided for under this Section shall be imposed
upon the offender.
Maximum penalty on financier. The maximum penalty provided for
under this Section shall be imposed upon any person, who organizes,
manages or acts as a “financier” of any of the illegal activities prescribed
in this Section.
SEC. 17. Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals.
SEC. 18. Unnecessary Prescription of Dangerous Drugs.
An additional penalty of the revocation of his/her license to practice
shall be imposed upon the practitioner, who shall prescribe any
dangerous drug to any person whose physical or physiological condition
does not require the use or in the dosage prescribed therein, as
determined by the Board in consultation with recognized competent
experts who are authorized representatives of professional organizations
of practitioners, particularly those who are involved in the care of
persons with severe pain.
SEC. 19. Unlawful Prescription of Dangerous Drugs.
SEC. 20. Confiscation and Forfeiture of the Proceeds or
Instruments of the Unlawful Act, Including the Properties or
Proceeds Derived from the Illegal Trafficking of Dangerous
Drugs and/or Precursors and Essential Chemicals
Every penalty imposed xxx shall carry with it the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties
derived from the unlawful act, including, but not limited to, money and
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other assets obtained thereby, and the instruments or tools with which
the particular unlawful act was committed, unless they are the property
of a third person not liable for the unlawful act, but those which are not
of lawful commerce shall be ordered destroyed without delay pursuant
to the provisions of Section 21 of this Act.
Non-release. During the pendency of the case in the Regional Trial
Court, no property, or income derived there from, which may be
confiscated and forfeited, shall be disposed, alienated or transferred and
the same shall be in custodia legis and no bond shall be admitted for the
release of the same.
Proceeds. The proceeds of any sale or disposition of any property
confiscated or forfeited under this Section shall be used to pay all proper
expenses incurred in the proceedings for the confiscation, forfeiture,
custody and maintenance of the property pending disposition, as well as
expenses for publication and court costs. The proceeds in excess of the
above expenses shall accrue to the Board to be used in its campaign
against illegal drugs.
SEC. 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment.
The PDEA shall take charge and have custody of all dangerous drugs,
plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered, for proper
disposition in the following manner:
1. Inventory and pic. The apprehending team having initial
custody and control of the dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia
and/or laboratory equipment shall, immediately after seizure
and confiscation, conduct a physical inventory of the seized
items and photograph the same in the presence of the:
a. accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative
or counsel,
b. with an elected public official and
c. a representative of the National Prosecution Service
or the media
who shall be required to sign the copies of the inventory
and be given a copy thereof:
• Provided, That the physical inventory and
photograph shall be conducted at the place
where the search warrant is served; or at the
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DANGEROUS DRUGS ACT
nearest police station or at the nearest office of
the apprehending officer/team, whichever is
practicable, in case of warrantless seizures:
• Provided, finally, That noncompliance of these
requirements under justifiable grounds, as long
as the integrity and the evidentiary value of the
seized items are properly preserved by the
apprehending officer/team, shall not render
void and invalid such seizures and custody over
said items.
2. Examination. Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or
laboratory equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and quantitative
examination.
3. Certification. A certification of the forensic laboratory
examination results, which shall be done under oath by the
forensic laboratory examiner, shall be issued immediately upon
the receipt of the subject item/s:
a. Provided, That when the volume of dangerous drugs,
plant sources of dangerous drugs, and controlled
precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial
laboratory examination report shall be provisionally
issued stating therein the quantities of dangerous
drugs still to be examined by the forensic laboratory:
b. Provided, however, That a final certification shall be
issued immediately upon completion of the said
examination and certification;
4. File case + ocular. After the filing of the criminal case, the
Court shall, within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or surrendered
dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours
thereafter proceed with the destruction or burning of the same,
in the presence of:
a. The accused or the person/s from whom such items
were confiscated and/or seized, or his/her
representative or counsel,
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b. a representative from the media and the Department
of Justice, civil society groups and
c. any elected public official.
The Board shall draw up the guidelines on the manner of
proper disposition and destruction of such item/s which shall
be borne by the offender:
• Provided, That those item/s of lawful commerce, as
determined by the Board, shall be donated, used or
recycled for legitimate purposes:
• Provided, further, That a representative sample, duly
weighed and recorded is retained
5. The Board shall then issue a sworn certification as to the fact
of destruction or burning of the subject item/s which, together
with the representative sample/s in the custody of the PDEA,
shall be submitted to the court having jurisdiction over the
case. In all instances, the representative sample/s shall be kept
to a minimum quantity as determined by the Board.
6. The alleged offender or his/her representative or counsel shall
be allowed to personally observe all of the above proceedings
and his/her presence shall not constitute an admission of guilt.
In case the said offender or accused refuses or fails to appoint
a representative after due notice in writing to the accused or
his/her counsel within seventy-two (72) hours before the
actual burning or destruction of the evidence in question, the
Secretary of Justice shall appoint a member of the public
attorney’s office to represent the former.
7. After the promulgation and judgment in the criminal case
wherein the representative sample/s was presented as evidence
in court, the trial prosecutor shall inform the Board of the final
termination of the case and, in turn, shall request the court for
leave to turn over the said representative sample/s to the
PDEA for proper disposition and destruction within twenty-
four (24) hours from receipt of the same.
8. Transitory Provision: a) Within twenty-four (24) hours from
the effectivity of this Act, dangerous drugs defined herein
which are presently in possession of law enforcement agencies
shall, with leave of court, be burned or destroyed, in the
presence of representatives of the court, Department of
Justice, Department of Health and the accused/and or his
counsel, and, b) Pending the organization of PDEA, the
custody, disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under this
Section shall be implemented by the Department of Health.
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SEC. 22. Grant of Compensation, Reward and Award. The Board
shall recommend to the concerned government agency the grant of
compensation, reward and award to any person providing information
and to law enforcers participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous drugs, plant
sources of dangerous drugs, and precursors and essential chemicals.
SEC. 24. Non-Applicability of the Probation Law for Drug
Traffickers and Pushers. Any person convicted for drug trafficking or
pushing under this Act, regardless of the penalty imposed by the court,
cannot avail of the privilege granted by the Probation Law or
Presidential Decree No. 968, as amended.
SEC. 25. Qualifying Aggravating Circumstances in the
Commission of a Crime by an Offender under the Influence of
Dangerous Drugs. – Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous drugs shall be a
qualifying aggravating circumstance in the commission of a crime by an
offender, and the application of the penalty provided for in the Revised
Penal Code shall be applicable.
SEC. 33. Immunity from Prosecution and Punishment.
Notwithstanding the provisions of Section 17, Rule 119 of the Revised
Rules of Criminal Procedure and the provisions of Republic Act No.
6981 or the Witness Protection, Security and Benefit Act of 1991, any
person who has violated Sections 7, 11, 12, 14, 15 and 19, Article II of
this Act, who voluntarily gives information about any violation of
Sections 4, 5, 6, 8, 10, 13 and 16, Article II of this Act as well as any
violation of the offenses mentioned if committed by a drug syndicate,
or any information leading to the whereabouts, identities and arrest of
all of any of the members thereof; and who willingly testifies against
such persons as described above, shall be exempted from prosecution
or punishment for the offense with reference to which his/her
information of testimony were given, and may plead or prove the giving
of such information and testimony in bar of such prosecution: Provided,
That the following conditions concur:
1. The information and testimony are necessary for the
conviction of the persons described above;
2. Such information and testimony are not yet in the possession
of the State;
3. Such information and testimony can be corroborated on its
material points;
4. 4. The informant or witness has not been previously
convicted of a crime involving moral turpitude, except
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DANGEROUS DRUGS ACT
when there is no other direct evidence available for the State
other than the information and testimony of said informant or
witness; and
5. The informant or witness shall strictly and faithfully comply
without delay, any condition or undertaking, reduced into
writing, lawfully imposed by the State as further consideration
for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such
informant or witness who does not appear to be most guilty for
the offense with reference to which his/her information or
testimony were given:
Provided, finally, That there is no direct evidence available for
the State except for the information and testimony of the said
informant or witness.
SEC. 34. Termination of the Grant of Immunity. – The
immunity granted to the informant or witness, as prescribed in
Section 33 of this Act, shall not attach should it turn out
subsequently that the information and/or testimony is false,
malicious or made only for the purpose of harassing, molesting or
in any way prejudicing the persons described in the preceding
Section against whom such information or testimony is directed
against. In such case, the informant or witness shall be subject to
prosecution and the enjoyment of all rights and benefits previously
accorded him under this Act or any other law, decree or order shall
be deemed terminated.
In case an informant or witness under this Act fails or refuses to
testify without just cause, and when lawfully obliged to do so, or
should he/she violate any condition accompanying such immunity
as provided above, his/her immunity shall be removed and he/she
shall likewise be subject to contempt and/or criminal
prosecution, as the case may be, and the enjoyment of all rights
and benefits previously accorded him under this Act or in any other
law, decree or order shall be deemed terminated. In case the
informant or witness referred to under this Act falls under the
applicability of this Section hereof, such individual cannot avail of
the provisions under Article VIII of this Act.
Article III
Dangerous drugs test and record requirements
SEC. 36. Authorized Drug Testing. Authorized drug testing shall
be done by any government forensic laboratories or by any of the
drug testing laboratories accredited and monitored by the DOH to
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safeguard the quality of test results. The DOH shall take steps in
setting the price of the drug test with DOH accredited drug testing
centers to further reduce the cost of such drug test. The drug testing
shall employ, among others, two (2) testing methods:
1. The screening test which will determine the positive result as
well as the type of the drug used and
2. the confirmatory test which will confirm a positive screening
test.
Drug test certificates issued by accredited drug testing centers shall
be valid for a one-year period from the date of issue which may be
used for other purposes.
The following shall be subjected to undergo drug testing:
a. Applicants for driver’s license.
b. Applicants for firearm’s license and for permit to carry
firearms outside of residence
c. Students of secondary and tertiary schools.
d. Officers and employees of public and private offices.
e. Officers and members of the military, police and other law
enforcement agencies.
f. All persons charged before the prosecutor’s office with a
criminal offense having an imposable penalty of
imprisonment of not less than six (6) years and one (1) day
shall have to undergo a mandatory drug test. Declared
unconstitutional in SJS v DDB
g. All candidates for public office whether appointed or
elected both in the national or local government shall
undergo a mandatory drug test. Declared unconstitutional in
SJS v DDB
SEC. 38. Laboratory Examination or Test on
Apprehended/Arrested Offenders. Subject to Section 15 of this Act,
any person apprehended or arrested for violating the provisions of this
Act shall be subjected to screening laboratory examination or test within
twenty-four (24) hours, if the apprehending or arresting officer has
reasonable ground to believe that the person apprehended or arrested,
on account of physical signs or symptoms or other visible or outward
manifestation, is under the influence of dangerous drugs. If found to be
positive, the results of the screening laboratory examination or test shall
be challenged within fifteen (15) days after receipt of the result through
a confirmatory test conducted in any accredited analytical laboratory
equipment with a gas chromatograph/mass spectrometry equipment or
some such modern and accepted method, if confirmed the same shall
be prima facie evidence that such person has used dangerous drugs,
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which is without prejudice for the prosecution for other violations of
the provisions of this Act: Provided, That a positive screening laboratory
test must be confirmed for it to be valid in a court of law.
Article VIII
Program for treatment and rehabilitation
SEC. 54. Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation. A drug dependent or
any person who violates Section 15 of this Act may, by himself/herself
or through his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, apply to the Board or its duly
recognized representative, for treatment and rehabilitation of the drug
dependency.
• Upon such application, the Board shall bring forth the matter
to the Court which shall order that the applicant be examined
for drug dependency.
• If the examination by a DOH-accredited physician results in
the issuance of a certification that the applicant is a drug
dependent, he/she shall be ordered by the Court to undergo
treatment and rehabilitation in a Center designated by the
Board for a period of not less than six (6) months:
• Provided, That a drug dependent may be placed under the care
of a DOH-accredited physician where there is no Center near
or accessible to the residence of the drug dependent or where
said drug dependent is below eighteen (18) years of age and is
a first-time offender and non-confinement in a Center will not
pose a serious danger to his/her family or the community.
• Confinement in a Center for treatment and rehabilitation shall
not exceed one (1) year, after which time the Court, as well as
the Board, shall be apprised by the head of the treatment and
rehabilitation Center of the status of said drug dependent and
determine whether further confinement will be for the welfare
of the drug dependent and his/her family or the community.
SEC. 55. Exemption from the Criminal Liability under the
Voluntary Submission Program. A drug dependent under the
voluntary submission program, who is finally discharged from
confinement, shall be exempt from the criminal liability under Section
15 of this Act subject to the following conditions:
1. He/she has complied with the rules and regulations of the
Center, the applicable rules and regulations of the Board,
including the after-care and follow-up program for at least
eighteen (18) months following temporary discharge from
confinement in the Center or, in the case of a dependent placed
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DANGEROUS DRUGS ACT
under the care of the DOH-accredited physician, the after-care
program and follow-up schedule formulated by the DSWD
and approved by the Board: Provided, That capability-building
of local government social workers shall be undertaken by the
DSWD;
2. He/she has never been charged or convicted of any offense
punishable under this Act, the Dangerous Drugs Act of 1972
or Republic Act No. 6425, as amended, the Revised Penal
Code, as amended, or any special penal laws;
3. He/she has no record of escape from a Center: Provided, That
had he/she escaped, he/she surrendered by himself/herself or
through his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity, within one (1) week
from the date of the said escape; and
4. He/she poses no serious danger to himself/herself, his/her
family or the community by his/her exemption from criminal
liability.
SEC. 56. Temporary Release from the Center; After-care and
Follow-up Treatment under the Voluntary Submission Program.
Upon certification of the Center that the drug dependent within the
voluntary submission program may be temporarily released, the Court
shall order his/her release on condition that said drug dependent shall
report to the DOH for after-care and follow-up treatment, including
urine testing, for a period not exceeding eighteen (18) months under
such terms and conditions that the Court may impose. If during the
period of after-care and follow-up, the drug dependent is certified to be
rehabilitated, he/she may be discharged by the Court, subject to the
provisions of Section 55 of this Act, without prejudice to the outcome
of any pending case filed in court. However, should the DOH find that
during the initial after-care and follow-up program of eighteen (18)
months, the drug dependent requires further treatment and
rehabilitation in the Center, he/she shall be recommitted to the Center
for confinement. Thereafter, he/she may again be certified for
temporary release and ordered released for another after-care and
follow-up program pursuant to this Section.
SEC. 57. Probation and Community Service under the Voluntary
Submission Program. A drug dependent who is discharged as
rehabilitated by the DOH-accredited Center through the voluntary
submission program, but does not qualify for exemption from criminal
liability under Section 55 of this Act, may be charged under the
provisions of this Act, but shall be placed on probation and undergo a
community service in lieu of imprisonment and/or fine in the discretion
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of the court, without prejudice to the outcome of any pending case filed
in court. Such drug dependent shall undergo community service as part
of his/her after-care and follow-up program, which may be done in
coordination with nongovernmental civic organizations accredited by
the DSWD, with the recommendation of the Board.
SEC. 58. Filing of Charges Against a Drug Dependent Who is Not
Rehabilitated under the Voluntary Submission Program. A drug
dependent, who is not rehabilitated after the second commitment to the
Center under the voluntary submission program, shall, upon
recommendation of the Board, be charged for violation of Section 15 of
this Act and prosecuted like any other offender. If convicted, he/she
shall be credited for the period of confinement and rehabilitation in the
Center in the service of his/her sentence.
SEC. 59. Escape and Recommitment for Confinement and
Rehabilitation under the Voluntary Submission Program. – Should
a drug dependent under the voluntary submission program escape from
the Center, he/she may submit himself/herself for recommitment
within one (1) week therefrom, or his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity may, within
said period, surrender him for recommitment, in which case the
corresponding order shall be issued by the Board.
Should the escapee fail to submit himself/herself or be surrendered after
one (1) week, the Board shall apply to the court for a recommitment
order upon proof of previous commitment or his/her voluntary
submission by the Board, the court may issue an order for
recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once again escapes
from confinement, he/she shall be charged for violation of Section 15
of this Act and be subjected under Section 61 of this Act, either upon
order of the Board or upon order of the court, as the case may be.
SEC. 61. Compulsory Confinement of a Drug Dependent Who
Refuses to Apply under the Voluntary Submission Program. –
Notwithstanding any law, rule and regulation to the contrary, any person
determined and found to be dependent on dangerous drugs shall, upon
petition by the Board or any of its authorized representative, be confined
for treatment and rehabilitation in any Center duly designated or
accredited for the purpose. A petition for the confinement of a person
alleged to be dependent on dangerous drugs to a Center may be filed by
@thejoannev
SPL
any person authorized by the Board with the Regional Trial Court of the
province or city where such person is found.
After the petition is filed, the court, by an order, shall immediately fix a
date for the hearing, and a copy of such order shall be served on the
person alleged to be dependent on dangerous drugs, and to the one
having charge of him.
If after such hearing and the facts so warrant, the court shall order the
drug dependent to be examined by two (2) physicians accredited by the
Board. If both physicians conclude that the respondent is not a drug
dependent, the court shall order his/her discharge. If either physician
finds him to be a dependent, the court shall conduct a hearing and
consider all relevant evidence which may be offered. If the court finds
him a drug dependent, it shall issue an order for his/her commitment to
a treatment and rehabilitation center under the supervision of the DOH.
In any event, the order of discharge or order of confinement or
commitment shall be issued not later than fifteen (15) days from the
filing of the appropriate petition.
SEC. 62. Compulsory Submission of a Drug Dependent Charged
with an Offense to Treatment and Rehabilitation. – If a person
charged with an offense where the imposable penalty is imprisonment
of less than six (6) years and one (1) day, and is found by the prosecutor
or by the court, at any stage of the proceedings, to be a drug dependent,
the prosecutor or the court as the case may be, shall suspend all further
proceedings and transmit copies of the record of the case to the Board.
In the event the Board determines, after medical examination, that
public interest requires that such drug dependent be committed to a
center for treatment and rehabilitation, it shall file a petition for his/her
commitment with the regional trial court of the province or city where
he/she is being investigated or tried: Provided, That where a criminal
case is pending in court, such petition shall be filed in the said court. The
court shall take judicial notice of the prior proceedings in the case and
shall proceed to hear the petition. If the court finds him to be a drug
dependent, it shall order his/her commitment to a Center for treatment
and rehabilitation. The head of said Center shall submit to the court
every four (4) months, or as often as the court may require, a written
report on the progress of the treatment. If the dependent is rehabilitated,
as certified by the Center and the Board, he/she shall be returned to the
court, which committed him, for his/her discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall
be instituted or shall continue, as the case may be. In case of conviction,
JO VALLES
DANGEROUS DRUGS ACT
the judgment shall, if the accused is certified by the treatment and
rehabilitation center to have maintained good behavior, indicate that
he/she shall be given full credit for the period he/she was confined in
the Center: Provided, however, That when the offense is for violation
of Section 15 of this Act and the accused is not a recidivist, the penalty
thereof shall be deemed to have been served in the center upon his/her
release therefrom after certification by the Center and the Board that
he/she is rehabilitated.
SEC. 63. Prescription of the Offense Charged Against a Drug
Dependent Under the Compulsory Submission Program. The
period of prescription of the offense charged against a drug dependent
under the compulsory submission program shall not run during the time
that the drug dependent is under confinement in a Center or otherwise
under the treatment and rehabilitation program approved by the Board.
Upon certification of the Center that he/she may temporarily be
discharged from the said Center, the court shall order his/her release on
condition that he/she shall report to the Board through the DOH for
after-care and follow-up treatment for a period not exceeding eighteen
(18) months under such terms and conditions as may be imposed by the
Board.
If at anytime during the after-care and follow-up period, the Board
certifies to his/her complete rehabilitation, the court shall order his/her
final discharge from confinement and order for the immediate
resumption of the trial of the case for which he/she is originally charged.
Should the Board through the DOH find at anytime during the after-
care and follow-up period that he/she requires further treatment and
rehabilitation, it shall report to the court, which shall order his/her
recommitment to the Center.
Should the drug dependent, having been committed to a Center upon
petition by the Board escape therefrom, he/she may resubmit
himself/herself for confinement within one (1) week from the date of
his/her escape; or his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity may, within the same period,
surrender him for recommitment. If, however, the drug dependent does
not resubmit himself/herself for confinement or he/she is not
surrendered for recommitment, the Board may apply with the court for
the issuance of the recommitment order. Upon proof of previous
commitment, the court shall issue an order for recommitment. If,
subsequent to such recommitment, he/she should escape again, he/she
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ad majorem dei gloriam
shall no longer be exempt from criminal liability for use of any
dangerous drug.
A drug dependent committed under this particular Section who is finally
discharged from confinement shall be exempt from criminal liability
under Section 15 of this Act, without prejudice to the outcome of any
pending case filed in court. On the other hand, a drug dependent who
is not rehabilitated after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same penalties provided
for under Section 15 of this Act again without prejudice to the outcome
of any pending case filed in court.
SEC. 66. Suspension of Sentence of a First-Time Minor Offender.
An accused who is over fifteen (15) years of age at the time of the
commission of the offense mentioned in Section 11 of this Act, but not
more than eighteen (18) years of age at the time when judgment should
have been promulgated after having been found guilty of said offense,
may be given the benefits of a suspended sentence, subject to the
following conditions:
a. He/she has not been previously convicted of violating any
provision of this Act, or of the Dangerous Drugs Act of 1972,
as amended, or of the Revised Penal Code, or of any special
penal laws;
b. He/she has not been previously committed to a center or to
the care of a DOH-accredited physician; and
c. The Board favorably recommends that his/her sentence be
suspended.
While under suspended sentence, he/she shall be under the supervision
and rehabilitative surveillance of the Board, under such conditions that
the court may impose for a period ranging from six (6) months to
eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused
under suspended sentence to a Center, or to the care of a DOH-
accredited physician for at least six (6) months, with after-care and
follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the
commission of any offense penalized under this Act, Article 192 of
Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, as amended by Presidential Decree No. 1179 shall apply,
without prejudice to the application of the provisions of this Section.
SEC. 67. Discharge After Compliance with Conditions of
Suspended Sentence of a First-Time Minor Offender. – If the
@thejoannev
SPL
accused first time minor offender under suspended sentence complies
with the applicable rules and regulations of the Board, including
confinement in a Center, the court, upon a favorable recommendation
of the Board for the final discharge of the accused, shall discharge the
accused and dismiss all proceedings. Upon the dismissal of the
proceedings against the accused, the court shall enter an order to
expunge all official records, other than the confidential record to be
retained by the Department of Justice (DOJ) relating to the case. Such
an order, which shall be kept confidential, shall restore the accused to
his/her status prior to the case. He/she shall not be held thereafter to
be guilty of perjury or of concealment or misrepresentation by reason of
his/her failure to acknowledge the case or recite any fact related thereto
in response to any inquiry made of him for any purpose.
SEC. 68. Privilege of Suspended Sentence to be Availed of Only
Once by a First-Time Minor Offender. – The privilege of suspended
sentence shall be availed of only once by an accused drug dependent
who is a first-time offender over fifteen (15) years of age at the time of
the commission of the violation of Section 15 of this Act but not more
than eighteen (18) years of age at the time when judgment should have
been promulgated.
SEC. 69. Promulgation of Sentence for First-Time Minor
Offender. – If the accused first-time minor offender violates any of the
conditions of his/her suspended sentence, the applicable rules and
regulations of the Board exercising supervision and rehabilitative
surveillance over him, including the rules and regulations of the Center
should confinement be required, the court shall pronounce judgment of
conviction and he/she shall serve sentence as any other convicted
person.
SEC. 70. Probation or Community Service for a First-Time Minor
Offender in Lieu of Imprisonment. – Upon promulgation of the
sentence, the court may, in its discretion, place the accused under
probation, even if the sentence provided under this Act is higher than
that provided under existing law on probation, or impose community
service in lieu of imprisonment. In case of probation, the supervision
and rehabilitative surveillance shall be undertaken by the Board through
the DOH in coordination with the Board of Pardons and Parole and the
Probation Administration. Upon compliance with the conditions of the
probation, the Board shall submit a written report to the court
recommending termination of probation and a final discharge of the
probationer, whereupon the court shall issue such an order. The
community service shall be complied with under conditions, time and
JO VALLES
DANGEROUS DRUGS ACT
place as may be determined by the court in its discretion and upon the
recommendation of the Board and shall apply only to violators of
Section 15 of this Act. The completion of the community service shall
be under the supervision and rehabilitative surveillance of the Board
during the period required by the court. Thereafter, the Board shall
render a report on the manner of compliance or said community service.
The court in its discretion may require extension of the community
service or order a final discharge. In both cases, the judicial records shall
be covered by the provisions of Sections 60 and 64 of this Act.
If the sentence promulgated by the court requires imprisonment, the
period spent in the Center by the accused during the suspended sentence
period shall be deducted from the sentence to be served.
Article IX
Dangerous drugs board and Philippine drug enforcement agency
SEC. 77. The Dangerous Drugs Board. The Board shall be the
policy-making and strategy-formulating body in the planning and
formulation of policies and programs on drug prevention and control.
It shall develop and adopt a comprehensive, integrated, unified and
balanced national drug abuse prevention and control strategy. It shall be
under the Office of the President.
SEC. 82. Creation of the Philippine Drug Enforcement Agency
(PDEA). To carry out the provisions of this Act, the Philippine Drug
Enforcement Agency (PDEA), which serves as the implementing arm
of the Board, and shall be responsible for the efficient and effective law
enforcement of all the provisions on any dangerous drug and/or
controlled precursor and essential chemical as provided in this Act.
Article XI
Jurisdiction over dangerous drugs cases
SEC. 90. Jurisdiction. The Supreme Court shall designate special
courts from among the existing Regional Trial Courts in each judicial
region to exclusively try and hear cases involving violations of this Act.
The number of courts designated in each judicial region shall be based
on the population and the number of cases pending in their respective
jurisdiction. The Department of Justice shall designate special
prosecutors to exclusively handle cases involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be
terminated within a period of thirty (30) days from the date of their
filing.
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ad majorem dei gloriam
When the preliminary investigation is conducted by a public prosecutor
and a probable cause is established, the corresponding information shall
be filed in court within twenty-four (24) hours from the termination of
the investigation. If the preliminary investigation is conducted by a judge
and a probable cause is found to exist, the corresponding information
shall be filed by the proper prosecutor within forty-eight (48) hours from
the date of receipt of the records of the case.
Trial of the case under this Section shall be finished by the court not
later than sixty (60) days from the date of the filing of the information.
Decision on said cases shall be rendered within a period of fifteen (15)
days from the date of submission of the case for resolution.
SEC. 91. Responsibility and Liability of Law Enforcement
Agencies and other Government Officials and Employees in
Testifying as Prosecution Witnesses in Dangerous Drugs Cases.
Any member of law enforcement agencies or any other government
official and employee who, after due notice, fails or refuses intentionally
or negligently, to appear as a witness for the prosecution in any
proceedings, involving violations of this Act, without any valid reason,
shall be punished with imprisonment of not less than twelve (12) years
and one day to twenty years and a fine of not less than Five hundred
thousand pesos (P500,000.00), in addition to the administrative liability
he/she may be meted out by his/her immediate superior and/or
appropriate body. The immediate superior of the member of the law
enforcement agency or any other government employee mentioned in
the preceding paragraph shall be penalized with imprisonment of not
less than two (2) months and one (1) day but not more than six (6) years
and a fine of not less than Ten thousand pesos (P10,000.00) but not
more than Fifty thousand pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office if despite due notice to them
and to the witness concerned, the former does not exert reasonable
effort to present the latter to the court.
SEC. 98. Limited Applicability of the Revised Penal Code.
Notwithstanding any law, rule or regulation to the contrary, the
provisions of the Revised Penal Code (Act No. 3814), as amended, shall
not apply to the provisions of this Act, except in the case of minor
offenders. Where the offender is a minor, the penalty for acts punishable
by life imprisonment to death provided herein shall be reclusion
perpetua to death.
People v Cabugatan
RTC, CA, and SC convicted the accused of illegal sale and use of shabu.
@thejoannev
SPL
Illegal sale. it is necessary that the following elements be established:
(1) the identity of the buyer and seller, object, and consideration; and (2)
the delivery of the thing sold and the payment therefore. What is
material to the prosecution for illegal sale of dangerous drugs is the
proof that the transaction or sale actually took place, coupled with the
presentation in court of evidence of corpus delicti.
• In this case, all the elements of the crime have been sufficiently
established. The witnesses for the prosecution were able to
prove that the buy-bust operation indeed took place and the
shabu subject of the sale was brought and duly identified in
court. The poseur-buyer positively identified appellant as the
one who sold to him a packet of white crystalline substance,
which was later confirmed by two chemical examinations to be
shabu.
Buy bust. In this jurisdiction, the conduct of buy-bust operation is a
common and accepted mode of apprehending those involved in illegal
sale of prohibited or regulated drugs. It has been proven to be an
effective way of unveiling the identities of drug dealers and of luring
them out of obscurity.
Applicability of the RPC. Under Article 98 of RA 9165, the provisions
of the Revised Penal Code shall no longer apply to the provisions of
Republic Act No. 9165 except when the offender is a minor. Thus,
Article 63(2) of the Revised Penal Code shall not be used in the
determination of the penalty to be imposed on the accused. Since
Section 98 of the said law contains the word "shall," the non-
applicability of the Revised Penal Code provisions is mandatory, subject
only to the exception in case the offender is a minor.
ISLAW. The Courts, in determining the appropriate minimum and
maximum of the penalty to be meted out to offenders, shall be guided
solely by the pertinent part of the Indeterminate Sentence Law.
Social Justice Society v Dangerous Drugs Board
Constitutionality of provisions of RA 9165 requiring mandatory drug-
testing for candidates for public office, employees of private and public
offices, and persons charged with a crime by the prosecutor, is being
assailed.
Candidates for public office. This was held unconstitutional for
adding to the constitutional requirements for Senate membership
Students. A random drug testing of students in secondary and tertiary
schools is not only acceptable but may even be necessary if the safety
and interest of the student population, doubtless a legitimate concern of
the government, are to be promoted and protected.
Public and private employees. Taking into account the reduced
expectation of privacy on the part of the employees, the compelling state
JO VALLES
DANGEROUS DRUGS ACT
concern likely to be met by the search, and the well-defined limits set
forth in the law to properly guide authorities in the conduct of the
random testing, the Court held that the drug test requirement is
constitutional. Government officials and employees also labor under
reasonable supervision and restrictions imposed by the Civil Service Law
and other laws on public officers. And if RA 9165 passes the norm of
reasonableness for private employees, the more reason it should pass
the test for civil servants who are required to be accountable at all times.
Persons accused of crimes. The operative concepts in the mandatory
drug testing are "randomness" and "suspicionless". In the case of
persons charged with a crime before the prosecutor's office, a
mandatory drug testing can never be random or suspicionless. To
impose mandatory drug testing on the accused is a blatant attempt to
harness a medical test as a tool for criminal prosecution, contrary to the
stated objectives of RA 9165. Drug testing in this case would violate a
persons' right to privacy guaranteed under Sec. 2, Art. III of the
Constitution. Worse still, the accused persons are veritably forced to
incriminate themselves.
People v. Watamama y Esil
Chain of custody rule. The chain of custody rule requires that
testimony be presented about every link in the chain, from the moment
the item was seized up to the time it is offered in evidence. To this end,
the prosecution must ensure that the substance presented in court is the
same substance seized from the accused. While this Court recognizes
substantial adherence to the requirements of R.A. No. 9165 and its
implementing rules and regulations, not perfect adherence, is what is
demanded of police officers attending to drugs cases, still, such officers
must present justifiable reason for their imperfect conduct and show
that the integrity and evidentiary value of the seized items had been
preserved.
Different links that the prosecution must endeavor to establish with
respect to the chain of custody in a buy-bust operation:
1. Seizure and marking of the illegal drug recovered from the
accused by the apprehending officer;
2. Turn-over of the illegal drug seized by the apprehending
officer to the investigating officer;
3. Turn over by the investigating officer of the illegal drug to the
forensic chemist for laboratory examination; and
4. Turnover and submission of the marked illegal drug seized by
the forensic chemist to the court.
People v Partoza
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ad majorem dei gloriam
RTC and CA convicted the accused of illegal sale and possession of
dangerous drugs. SC reversed this for failure of the authorities to comply
with the procedures aimed at protecting the integrity of the illegal drugs
seized, which serves as evidence.
Elements of illegal sale. (1) identities of the buyer and seller, the
object, and the consideration; and (2) the delivery of the thing sold and
the payment therefor. What is material to the prosecution for illegal sale
of dangerous drugs is the proof that the transaction or sale or had
actually taken place, coupled with the presentation in court of evidence
of corpus delicti.
Elements of illegal possession. (1) the accused is in possession of an
item or object which is identified to be a prohibited drug; (2) such
possession is not authorized by law; and (3) the accused freely and
consciously possessed the said drug.
Corpus delicti compromised; its identity not proved beyond
reasonable doubt. PO3 Tougan stated that he marked the 2 plastic
sachets containing white crystalline substance in the police station. He
did not mark the seized drugs immediately after he arrested appellant in
the latter's presence. Neither did he make an inventory and take a
photograph of the confiscated items in the presence of appellant. There
was no representative from the media and the DOJ, or any elected public
official who participated in the operation and who were supposed to
sign an inventory of seized items and be given copies thereof.
• While this Court recognizes that non-compliance by the buy-
bust team with Sec 21 is not fatal as long as there is a justifiable
ground therefor, and as long as the integrity and the evidentiary
value of the confiscated/seized items are properly preserved
by the apprehending team, yet these conditions were not met
in the case at bar. No explanation was offered by PO3 Tougan
for his failure to observe the rule.
Chain of custody not proved. Furthermore, while PO3 Tougan
admitted to have in his possession the shabu from the time appellant
was apprehended at the crime scene to the police station, records are
bereft of proof on how the seized items were handled from the time
they left the hands of PO3 Tougan. PO3 Tougan mentioned a certain
Inspector Manahan as the one who signed the request for laboratory
examination. He did not however relate to whom the custody of the
drugs was turned over. Furthermore, the evidence of the prosecution
did not reveal the identity of the person who had the custody and
safekeeping of the drugs after its examination and pending presentation
in court. The failure of the prosecution to establish the chain of custody
is fatal to its cause.
People v Santiago
@thejoannev
SPL
The accused was acquitted because prosecution could not establish the
chain of custody of the seized item [dangerous drug] and its preservation
from possible tampering. It was not the apprehending officer who
submitted the item to the laboratory for examination, but other officers.
there was no way to determine whether the sachet marked “RPS” was
the very same sachet given to the laboratory because the sachet had
changed hands from Esguerra to Puno to Santos. Since there was no
testimony to prove that Puno had indeed given it to Santos, and that
Santos had indeed given it to the laboratory, there was no telling whether
the sachet received by the laboratory was genuine. The identity of the
sachet could not be ascertained because there was considerable doubt
regarding the integrity of the evidence stemming from the doubt
regarding the last link in its chain of custody.
People v. Dahil and Castro
Notwithstanding the failure of the prosecution to establish the rigorous
requirements of Section 21 of R.A. No. 9165, jurisprudence dictates that
substantial compliance is sufficient. Failure to strictly comply with the
law does not necessarily render the arrest of the accused illegal or the
items seized or confiscated from him inadmissible. The issue of non-
compliance with the said section is not of admissibility, but of weight to
be given on the evidence
Estipona v Lobrigo
Section 23 of RA 9165 is unconstitutional for it violates the doctrine of
separation of powers by encroaching upon the rule-making power of the
Supreme Court under the constitution. Plea-bargaining is procedural in
nature and it is within the sole prerogative of the Supreme Court. The
power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts
belongs exclusively to the Supreme Court. Rules on plea bargaining
neither create a right nor take away a vested right. Instead, it operates as
a means to implement an existing right by regulating the judicial process
for enforcing rights and duties recognized by substantive law and for
justly administering remedy and redress for disregard or infraction of
them.
People v Lim
Lim and Gorres were apprehended because of possession and illegal sale
of Shabu. However, no representative from the media and barangay
officials were present during the apprehension and, nobody arrived to
witness the inventory-taking. The inventory receipt was also not signed
JO VALLES
DANGEROUS DRUGS ACT ad majorem dei gloriam SPL
by the accused. WON Lim is can be convicted. NO. It is well to note
that the absence of these required witnesses does not per se render the
confiscated items inadmissible. However, a justifiable reason for such
failure or a showing of any genuine and sufficient effort to secure the
required witnesses under Section 21 of RA 9165 must be adduced. No
evidence was presented to prove the earnest effort to secure the
presence of the officials. Hence, there is reasonable doubt as to the guilt
of the accused.
Rules. Sections 1 (A.1.10) of the Chain of Custody Implementing Rules
and Regulations directs the following rule to be observed in arrest and
seizures related to illegal drugs when made without warrant: Any
justification or explanation in cases of noncompliance with the
requirements of Section 21 (1) of R.A. No. 9165, as amended, shall be
clearly stated in the sworn statements/affidavits of the
apprehending/seizing officers, as well as the steps taken to preserve the
integrity and evidentiary value of the seized/confiscated items.
Certification or record of coordination for operating units other than
the PDEA shall be presented
1. In the sworn statements/affidavits, the apprehending/seizing
officers must state their compliance with the requirements of
Section 21 (1) of R.A. No. 9165, as amended, and its IRR.
2. In case of non-observance of the provision, the
apprehending/seizing officers must state the justification or
explanation therefor as well as the steps they have taken in
order to preserve the integrity and evidentiary value of the
seized/confiscated items.
3. If there is no justification or explanation expressly declared in
the sworn statements or affidavits, the investigating fiscal must
not immediately file the case before the court. Instead, he or
she must refer the case for further preliminary investigation in
order to determine the (non) existence of probable cause.
4. If the investigating fiscal filed the case despite such absence,
the court may exercise its discretion to either refuse to issue a
commitment order (or warrant of arrest) or dismiss the case
outright for lack of probable cause in accordance with Section
5,40 Rule 112, Rules of Court.

People v Padua
The fact that the persons who had possession or custody of the subject
drugs, such as Forensic Chemist Rivera-Dagasdas and the alleged
investigator, were not presented as witnesses to corroborate the
apprehending officer’s testimony is not essential. The matter of
presentation of witnesses by the prosecution is not for the court to
decide. The prosecution has the discretion as to how to present its case
and it has the right to choose whom it wishes to present as witnesses.

45 @thejoannev JO VALLES
CYBERCRIME PREVENTION ACT
CYBERCRIME PREVENTION ACT
OF 2012
Republic Act No. 10175
Definition of Terms. For purposes of this Act, the following terms are
hereby defined as follows:
Alteration refers to the modification or change, in form or substance,
of an existing computer data or program.
Computer refers to an electronic, magnetic, optical, electrochemical, or
other data processing or communications device, or grouping of such
devices, capable of performing logical, arithmetic, routing, or storage
functions and which includes any storage facility or equipment or
communications facility or equipment directly related to or operating in
conjunction with such device. It covers any type of computer device
including devices with data processing capabilities like mobile phones,
smart phones, computer networks and other devices connected to the
internet.
Computer data refers to any representation of facts, information, or
concepts in a form suitable for processing in a computer system
including a program suitable to cause a computer system to perform a
function and includes electronic documents and/or electronic data
messages whether stored in local computer systems or online.
Cyber refers to a computer or a computer network, the electronic
medium in which online communication takes place.
Critical infrastructure refers to the computer systems, and/or
networks, whether physical or virtual, and/or the computer programs,
computer data and/or traffic data so vital to this country that the
incapacity or destruction of or interference with such system and assets
would have a debilitating impact on security, national or economic
security, national public health and safety, or any combination of those
matters.
Cybersecurity refers to the collection of tools, policies, risk
management approaches, actions, training, best practices, assurance and
technologies that can be used to protect the cyber environment and
organization and user’s assets.
Database refers to a representation of information, knowledge, facts,
concepts, or instructions which are being prepared, processed or stored
46
ad majorem dei gloriam
or have been prepared, processed or stored in a formalized manner and
which are intended for use in a computer system.
Interception refers to listening to, recording, monitoring or
surveillance of the content of communications, including procuring of
the content of data, either directly, through access and use of a computer
system or indirectly, through the use of electronic eavesdropping or
tapping devices, at the same time that the communication is occurring.
Subscriber’s information refers to any information contained in the
form of computer data or any other form that is held by a service
provider, relating to subscribers of its services other than traffic or
content data and by which identity can be established:
1. The type of communication service used, the technical
provisions taken thereto and the period of service;
2. The subscriber’s identity, postal or geographic address,
telephone and other access numbers, any assigned network
address, billing and payment information, available on the basis
of the service agreement or arrangement; and
3. Any other available information on the site of the installation
of communication equipment, available on the basis of the
service agreement or arrangement.
Traffic data or non-content data refers to any computer data other
than the content of the communication including, but not limited to, the
communication’s origin, destination, route, time, date, size, duration, or
type of underlying service.
CHAPTER II. PUNISHABLE ACTS
Section 4. Cybercrime Offenses. The following acts constitute the
offense of cybercrime punishable under this Act:
Offenses Illegal Access. The access to the whole or any
against the part of a computer system without right.
confidentiality,
integrity and
availability of
computer data
and systems
Illegal Interception. The interception made by
technical means without right of any non-public
transmission of computer data to, from, or within
a computer system including electromagnetic
emissions from a computer system carrying such
computer data.
Data Interference. The intentional or reckless
alteration, damaging, deletion or deterioration of
@thejoannev
SPL
computer data, electronic document, or electronic
data message, without right, including the
introduction or transmission of viruses.
System Interference. The intentional alteration
or reckless hindering or interference with the
functioning of a computer or computer network
by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer
data or program, electronic document, or
electronic data message, without right or
authority, including the introduction or
transmission of viruses.
Misuse of Devices
1. The use, production, sale, procurement,
importation, distribution, or otherwise
making available, without right, of:
a. A device, including a computer
program, designed or adapted primarily
for the purpose of committing any of
the offenses under this Act; or
b. A computer password, access code, or
similar data by which the whole or any
part of a computer system is capable of
being accessed with intent that it be used
for the purpose of committing any of
the offenses under this Act.
2. The possession of an item referred to in
paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the
purpose of committing any of the
offenses under this section.
Cyber-squatting. The acquisition of a domain
name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others
from registering the same, if such a domain name
is:
1. Similar, identical, or confusingly similar
to an existing trademark registered with
the appropriate government agency at
the time of the domain name
registration:
2. Identical or in any way similar with the
name of a person other than the
registrant, in case of a personal name
3. Acquired without right or with
intellectual property interests in it.
JO VALLES
CYBERCRIME PREVENTION ACT
Computer- Computer-related Forgery.
related 1. The input, alteration, or deletion of any
Offenses computer data without right resulting in
inauthentic data with the intent that it be
considered or acted upon for legal
purposes as if it were authentic,
regardless whether or not the data is
directly readable and intelligible; or
2. The act of knowingly using computer
data which is the product of computer-
related forgery as defined herein, for the
purpo`se of perpetuating a fraudulent or
dishonest design.
Computer-related Fraud. The unauthorized
input, alteration, or deletion of computer data or
program or interference in the functioning of a
computer system, causing damage thereby with
fraudulent intent:
• Provided, That if no damage has yet been
caused, the penalty imposable shall be
one (1) degree lower.
Computer-related Identity Theft. The
intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying
information belonging to another, whether
natural or juridical, without right:
• Provided, That if no damage has yet been
caused, the penalty imposable shall be
one (1) degree lower.
Content- Cybersex. The willful engagement, maintenance,
related control, or operation, directly or indirectly, of any
Offenses lascivious exhibition of sexual organs or sexual
activity, with the aid of a computer system, for
favor or consideration.
Child Pornography. The unlawful or prohibited
acts defined and punishable by Republic Act No.
9775 or the Anti-Child Pornography Act of 2009,
committed through a computer system:
• Provided, That the penalty to be imposed
shall be (1) one degree higher than that
provided for in Republic Act No. 9775.
Unsolicited Commercial Communications.
The transmission of commercial electronic
communication with the use of computer system
which seek to advertise, sell, or offer for sale
products and services are prohibited unless:
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ad majorem dei gloriam
1. There is prior affirmative consent from
the recipient; or
2. The primary intent of the
communication is for service and/or
administrative announcements from the
sender to its existing users, subscribers
or customers; or
3. The following conditions are present:
a. The commercial electronic
communication contains a simple,
valid, and reliable way for the
recipient to reject. receipt of further
commercial electronic messages
(opt-out) from the same source;
b. The commercial electronic
communication does not purposely
disguise the source of the electronic
message; and
c. The commercial electronic
communication does not purposely
include misleading information in
any part of the message in order to
induce the recipients to read the
message.
Libel. The unlawful or prohibited acts of libel as
defined in Article 355 of the Revised Penal Code,
as amended, committed through a computer
system or any other similar means which may be
devised in the future.
Section 5. Other Offenses. The following acts shall also constitute an
offense:
1. Aiding or Abetting in the Commission of Cybercrime. – Any
person who willfully abets or aids in the commission of any of
the offenses enumerated in this Act shall be held liable.
2. Attempt in the Commission of Cybercrime. — Any person
who willfully attempts to commit any of the offenses
enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code,
as amended, and special laws, if committed by, through and with the use
of information and communications technologies shall be covered by
the relevant provisions of this Act:
• Provided, That the penalty to be imposed shall be one (1) degree
higher than that provided for by the Revised Penal Code, as
amended, and special laws, as the case may be.
@thejoannev
SPL
Section 7. Liability under Other Laws. A prosecution under this Act
shall be without prejudice to any liability for violation of any provision
of the Revised Penal Code, as amended, or special laws.
CHAPTER IV. ENFORCEMENT AND IMPLEMENTATION
Section 10. Law Enforcement Authorities. The National Bureau of
Investigation (NBI) and the Philippine National Police (PNP) shall be
responsible for the efficient and effective law enforcement of the
provisions of this Act. The NBI and the PNP shall organize a
cybercrime unit or center manned by special investigators to exclusively
handle cases involving violations of this Act.
Section 12. Real-Time Collection of Traffic Data. Law enforcement
authorities, with due cause, shall be authorized to collect or record by
technical or electronic means traffic data in real-time associated with
specified communications transmitted by means of a computer system.
• Traffic data refer only to the communication’s origin,
destination, route, time, date, size, duration, or type of
underlying service, but not content, nor identities.
• All other data to be collected or seized or disclosed will require
a court warrant
• Service providers are required to cooperate and assist law
enforcement authorities in the collection or recording of the
above-stated information.
Court warrant. The court warrant required under this section shall only
be issued or granted upon written application and the examination under
oath or affirmation of the applicant and the witnesses he may produce
and the showing:
1. that there are reasonable grounds to believe that any of the
crimes enumerated hereinabove has been committed, or is
being committed, or is about to be committed:
2. that there are reasonable grounds to believe that evidence that
will be obtained is essential to the conviction of any person for,
or to the solution of, or to the prevention of, any such crimes;
and
3. that there are no other means readily available for obtaining
such evidence.
Section 13. Preservation of Computer Data. The integrity of traffic data
and subscriber information relating to communication services provided
by a service provider shall be preserved for a minimum period of six (6)
months from the date of the transaction. Content data shall be similarly
preserved for six (6) months from the date of receipt of the order from
law enforcement authorities requiring its preservation.
• Law enforcement authorities may order a one-time extension
for another six (6) months:
JO VALLES
CYBERCRIME PREVENTION ACT
• Provided, That once computer data preserved, transmitted or
stored by a service provider is used as evidence in a case, the
mere furnishing to such service provider of the transmittal
document to the Office of the Prosecutor shall be deemed a
notification to preserve the computer data until the
termination of the case.
• The service provider ordered to preserve computer data shall
keep confidential the order and its compliance.
Section 14. Disclosure of Computer Data. Law enforcement
authorities, upon securing a court warrant, shall issue an order requiring
any person or service provider to disclose or submit subscriber’s
information, traffic data or relevant data in his/its possession or control
within seventy-two (72) hours from receipt of the order in relation to a
valid complaint officially docketed and assigned for investigation and
the disclosure is necessary and relevant for the purpose of investigation.
Section 15. Search, Seizure and Examination of Computer Data.
Where a search and seizure warrant is properly issued, the law
enforcement authorities shall likewise have the following powers and
duties.
Within the time period specified in the warrant, to conduct interception,
as defined in this Act, and:
a. To secure a computer system or a computer data storage
medium;
b. To make and retain a copy of those computer data secured;
c. To maintain the integrity of the relevant stored computer data;
d. To conduct forensic analysis or examination of the computer
data storage medium; and
e. To render inaccessible or remove those computer data in the
accessed computer or computer and communications
network.
Pursuant thereof, the law enforcement authorities may order any person
who has knowledge about the functioning of the computer system and
the measures to protect and preserve the computer data therein to
provide, as is reasonable, the necessary information, to enable the
undertaking of the search, seizure and examination.
• Law enforcement authorities may request for an extension of
time to complete the examination of the computer data storage
medium and to make a return thereon but in no case for a
period longer than thirty (30) days from date of approval by
the court.
Section 16. Custody of Computer Data. All computer data, including
content and traffic data, examined under a proper warrant shall, within
forty-eight (48) hours after the expiration of the period fixed therein, be
deposited with the court in a sealed package, and shall be accompanied
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ad majorem dei gloriam SPL
by an affidavit of the law enforcement authority executing it stating the • There shall be designated special cybercrime courts manned by
dates and times covered by the examination, and the law enforcement specially trained judges to handle cybercrime cases.
authority who may access the deposit, among other relevant data.
• The law enforcement authority shall also certify that no CHAPTER VI. INTERNATIONAL COOPERATION
duplicates or copies of the whole or any part thereof have been Section 22. General Principles Relating to International
made, or if made, that all such duplicates or copies are included Cooperation. All relevant international instruments on international
in the package deposited with the court. cooperation in criminal matters, arrangements agreed on the basis of
• The package so deposited shall not be opened, or the uniform or reciprocal legislation, and domestic laws, to the widest extent
recordings replayed, or used in evidence, or then contents possible for the purposes of investigations or proceedings concerning
revealed, except upon order of the court, which shall not be criminal offenses related to computer systems and data, or for the
granted except upon motion, with due notice and opportunity collection of evidence in electronic form of a criminal, offense shall be
to be heard to the person or persons whose conversation or given full force and effect.
communications have been recorded.
CHAPTER VII. COMPETENT AUTHORITIES
Section 17. Destruction of Computer Data. Upon expiration of the Section 23. Department of Justice (DOJ). There is hereby created an
periods as provided in Sections 13 and 15, service providers and law Office of Cybercrime within the DOJ designated as the central authority
enforcement authorities, as the case may be, shall immediately and in all matters related to international mutual assistance and extradition.
completely destroy the computer data subject of a preservation and
examination. Section 24. Cybercrime Investigation and Coordinating
Center. There is hereby created, within thirty (30) days from the
Section 18. Exclusionary Rule. Any evidence procured without a valid effectivity of this Act, an inter-agency body to be known as the
warrant or beyond the authority of the same shall be inadmissible for Cybercrime Investigation and Coordinating Center (CICC), under the
any proceeding before any court or tribunal. administrative supervision of the Office of the President, for policy
coordination among concerned agencies and for the formulation and
Section 19. Restricting or Blocking Access to Computer Data. When enforcement of the national cybersecurity plan.
a computer data is prima facie found to be in violation of the provisions
of this Act, the DOJ shall issue an order to restrict or block access to
such computer data.
Section 20. Noncompliance. Failure to comply with the provisions of
Chapter IV hereof specifically the orders from law enforcement
authorities shall be punished as a violation of Presidential Decree No.
1829 with imprisonment of prision correctional in its maximum period or a
fine of One hundred thousand pesos (Php100,000.00) or both, for each
and every noncompliance with an order issued by law enforcement
authorities.
CHAPTER V. JURISDICTION
Section 21. Jurisdiction. The Regional Trial Court shall have jurisdiction
over any violation of the provisions of this Act, including any violation
committed by a Filipino national regardless of the place of commission.
• Jurisdiction shall lie if any of the elements was committed
within the Philippines or committed with the use of any
computer system wholly or partly situated in the country, or
when by such commission any damage is caused to a natural
or juridical person who, at the time the offense was committed,
was in the Philippines.
@thejoannev JO VALLES
ANTI-CARNAPPING ACT
NEW ANTI-CARNAPPING ACT OF
2016
RA 10883
Body building refers to a job undertaken on a motor vehicle in order to
replace its entire body with a new body.
Defacing or tampering with a serial number refers to the altering,
changing, erasing, replacing or scratching of the original factory
inscribed serial number on the motor vehicle engine, engine block or
chassis of any motor vehicle.
• Whenever any motor vehicle is found to have a serial number
on its engine, engine block or chassis which is different from
that which is listed in the records of the Bureau of Customs
for motor vehicle imported into the Philippines, that motor
vehicle shall be considered to have a defaced or tampered serial
number
Dismantling refers to the tearing apart, piece-by-piece or part-by-part,
of a motor vehicle
Identity transfer refers to the act of transferring the engine number,
chassis number, body tag number, plate number, and any other
identifying marks of a motor vehicle declared as “total wreck" or is
beyond economic repair by concerned car insurance companies and/or
law enforcement agencies after its involvement in a vehicular accident
or other incident and registers the same into another factory-made body
or vehicle unit, of the same classification, type, make or model
Motor vehicle refers to any vehicle propelled by any power other than
muscular power using the public highways, except:
• road rollers, trolley cars, street sweepers, sprinklers, lawn
mowers, bulldozers, graders, forklifts, amphibian trucks, and
cranes if not used on public highways;
• vehicles which run only on rails or tracks; and
• tractors, trailers and traction engines of all kinds used
exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be classified as a
separate motor vehicle with no power rating
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ad majorem dei gloriam SPECIAL PENAL LAW
but not more than forty (40) intimidation of persons, or force
Overhauling refers to the cleaning or repairing of the whole engine of a
motor vehicle by separating the motor engine and its parts from the
years upon things
life imprisonment when the owner, driver, or
body of the motor vehicle
occupant of the carnapped
motor vehicle is killed or raped in
Repainting refers to changing the color of a motor vehicle by means of
the commission of the
painting.
carnapping
• There is painting whenever the new color of a motor vehicle is
different from its color registered in the Land Transportation
Foreign Nationals. Foreign nationals convicted under the provisions of
Office (LTO)
this Act shall be deported immediately after service of sentence without
further proceedings by the Bureau of Immigration. Section 18.
Remodeling refers to the introduction of some changes in the shape or
form of the body of the motor vehicle
When bail shall be denied. Any person charged with carnapping or
when the crime of carnapping is committed by:
Second hand spare parts refer to the parts taken from a carnapped
a. criminal groups, gangs or syndicates or
vehicle used in assembling another vehicle
b. by means of violence or intimidation of any person or persons
Total wreck refers to the state or status of a motor vehicle after a or forced upon things; or
vehicular accident or other incident, so that it is rendered in operational c. when the owner, driver, passenger or occupant of the
and beyond economic repair due to the extent of damage in its body, carnapped vehicle is killed or raped in the course of the
chassis and engine carnapping
shall be denied bail when the evidence of guilt is strong.
Unlawful transfer or use of vehicle plates refers to the use or transfer of
a vehicle plate issued by the LTO to a certain vehicle to another vehicle.
Reward. Any person who voluntarily gives information leading to the
• It is presumed illegally transferred when the motor vehicle recovery of carnapped vehicles and for the apprehension of the persons
plate does not correspond with that as appearing in the
charged with carnapping shall be given monetary reward as the PNP
certificate of registration of the motor vehicle to which it was
may determine. The PNP shall include in their annual budget the
issued
amount necessary to carry out the purposes of this section. Any
information given by informers shall be treated as confidential matter.
Carnapping. The taking, with intent to gain, of a motor vehicle
belonging to another without the latter’s consent, or by means of Section 19.
violence against or intimidation of persons, or by using force upon
things. Section 3 Section 4
Concealment of Carnapping. Any person who conceals carnapping
Penalties. Any person who is found guilty of carnapping shall, shall be punished with imprisonment of six (6) years up to twelve (12)
years and a fine equal to the amount of the acquisition cost of the motor
regardless of the value of the motor vehicle taken, be punished by:
vehicle, motor vehicle engine, or any other part involved in the violation.
imprisonment for not less than carnapping is committed without
When committed by a juridical person. If the person violating any
twenty (20) years and one (1) day violence against or intimidation
provision of this Act is a juridical person, the penalty herein provided
but not more than thirty (30) of persons, or force upon things
shall be imposed on its:
years
a. president,
imprisonment for not less than carnapping is committed by
b. secretary, and/or
thirty (30) years and one (1) day means of violence against or
@thejoannev JO VALLES
ANTI-CARNAPPING ACT
c. members of the board of directors or any of its officers and
employees who may have directly participated in the violation.
When committed by a public official. Any public official or employee
who:
1. directly commits the unlawful acts defined in this Act or
2. is guilty of gross negligence of duty or
3. connives with or permits the commission of any of the said
unlawful acts
shall, in addition to the penalty prescribed in the preceding paragraph,
1. be dismissed from the service, and
2. his/her benefits forfeited and
3. shall be permanently disqualified from holding public office.
Section 5
Original Registration of Motor Vehicles. Any person seeking the
original registration of a motor vehicle, whether that motor vehicle is
newly assembled or rebuilt or acquired from a registered owner, shall,
within one (1) week after the completion of the assembly or rebuilding
job or the acquisition thereof from the registered owner, apply to the
Philippine National Police (PNP) for the clearance of the motor
vehicle for registration with the LTO.
• The PNP shall, upon receipt of the application, verify if the
motor vehicle or its numbered parts are in the list of carnapped
motor vehicles or stolen motor vehicle parts.
• Certificate of clearance. If the motor vehicle or any of its
numbered parts is not in the list, the PNP shall forthwith issue
a certificate of clearance.
• Actual registration. Upon presentation of the certificate of
clearance from the PNP and after verification of the
registration of the motor vehicle engine, engine block and
chassis in the permanent registry of motor vehicle engine,
engine block and chassis, the LTO shall register the motor
vehicle in accordance with existing laws, rules and regulations
within twenty (20) working days.
Section 6
Registration of Motor Vehicle, Motor Vehicle Engine, Engine Block
and Chassis. Within one (1) year upon approval of this Act, every
owner or possessor of unregistered motor vehicle or parts thereof in
knock down condition shall register before the LTO the motor vehicle
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ad majorem dei gloriam
engine, engine block and chassis in the name of the possessor or in the
name of the real owner who shall be readily available to answer any claim
over the registered motor vehicle engine, engine block and chassis.
• Thereafter, all motor vehicle engines, engine blocks and chassis
not registered with the LTO shall be considered as a carnapped
vehicle, an untaxed importation or coming from illegal source
and shall be confiscated in favor of the government.
Section 7
Permanent Registry of Motor Vehicle, Motor Vehicle Engines, Engine
Blocks and Chassis. The LTO shall keep a permanent registry of motor
vehicle, motor vehicle engines, engine blocks and chassis of all motor
vehicles, specifying therein their type, make, serial numbers and stating
therein the names and addresses of their present and previous owners.
Copies of the registry and of all entries made there on shall be furnished
the PNP and all LTO regional, provincial and city branch offices;
• all LTO regional, provincial and city offices are likewise
obliged to furnish copies of all registrations of motor vehicles
to the main office and to the PNP
• Provided, further, That the original copy of the certificate of
registration shall be given to the registered owner, the second
copy shall be retained with the LTO and the third copy shall
be submitted to the PNP.
• Moreover, it shall be unlawful for any person or employee who
willfully encodes in the registry of motor vehicles a non-
existing vehicle or without history, new identity of already
existing vehicle or double/ multiple registration (“KAMBAL”)
of vehicle.
Section 8
Registration of Sale, Transfer, Conveyance of a Motor Vehicle,
Substitution or Replacement of a Motor Vehicle Engine, Engine Block
or Chassis. Every sale, transfer, conveyance of a motor vehicle,
substitution or replacement of a motor vehicle engine, engine block or
chassis of a motor vehicle shall be registered with the LTO within twenty
(20) working days upon purchase/acquisition of a motor vehicle and
substitution or replacement of a motor vehicle engine, engine block or
chassis.
• A motor vehicle, motor vehicle engine, engine block or chassis
not registered with the LTO shall be presumed as a carnapped
vehicle, an untaxed imported vehicle, or a vehicle proceeding
@thejoannev
SPECIAL PENAL LAW
from illegal sources unless proven otherwise and shall be
confiscated in favor of the government.
Duty of Collector of Customs to Report. Within seven (7) days after
the arrival of an imported vehicle, motor vehicle engine, engine block,
chassis or body, the Collector of Customs of a principal port of entry
where the imported vehicle or parts enumerated above are unloaded
shall report the shipment to the LTO, specifying the make, type and
serial numbers, if any, of the motor vehicle, motor vehicle engine, engine
block, chassis or body, and stating the names and addresses of the owner
or consignee thereof.
• If the motor vehicle, motor vehicle engine, engine block,
chassis or body does not bear any serial number, the Collector
of Customs concerned shall hold the motor vehicle, motor
vehicle engine, engine block, chassis or body until it is
numbered by the LTO:
• Provided, That a PNP clearance shall be required prior to
engraving the engine or chassis number. Section 9.
Duty of Importers, Distributors and Sellers of Motor Vehicles to Keep
Record of Stocks. Any person engaged in the importation, distribution,
and buying and selling of motor vehicles, motor vehicle engines, engine
blocks, chassis or body shall keep a permanent record of one’s stocks,
stating therein their type, make and serial numbers, and the names and
addresses of the persons from whom they were acquired and the names
and addresses of the persons to whom they are sold, and shall render
accurately a monthly report of his/her transactions in motor vehicles to
the LTO. Section 10.
Duty of Manufacturers of Engine Blocks, Chassis or Body to Cause the
Numbering of Engine Blocks, Chassis or Body Manufactured. Any
person engaged in the manufacture of engine blocks, chassis or body
shall cause the numbering of every engine block, chassis or body
manufactured in a convenient and conspicuous part thereof which the
LTO may direct for the purpose of uniformity and identification of the
factory and shall submit to the LTO a monthly report of the
manufacture and sale of engine blocks, chassis or body. Section 11
Clearance and Permit Required for Assembly or Rebuilding of Motor
Vehicles. Any person who shall undertake to assemble or rebuild or
JO VALLES
ANTI-CARNAPPING ACT
cause the assembly or rebuilding of a motor vehicle shall first secure a
certificate of clearance from the PNP:
• Provided, That no such permit shall be issued unless the
applicant shall present a statement under oath containing the
type, make and serial numbers of the engine, chassis and body,
if any, and the complete list of the spare parts of the motor
vehicle to be assembled or rebuilt together with the names and
addresses of the sources thereof.
• In the case of motor vehicle engines to be mounted on motor
boats, motor bancas, water crafts and other light water vessels,
the applicant shall secure a permit from the PNP, which office
shall in turn furnish the LTO pertinent data concerning the
motor vehicle engines including their type, make and serial
numbers. Section 12.
Clearance Required for Shipment of Motor Vehicles, Motor Vehicle
Engines, Engine Blocks, Chassis or Body. The Philippine Ports
Authority (PPA) shall submit a report to the PNP within seven (7) days
upon boarding all motor vehicles being boarded the “RORO”, ferry,
boat, vessel or ship for interisland and international shipment.
• The PPA shall not allow the loading of motor vehicles in all
interisland and international shipping vessels without a motor
vehicle clearance from the PNP, except cargo trucks and other
trucks carrying goods.
• Land Transportation Franchising and Regulatory Board
(LTFRB)-accredited public utility vehicles (PUV) and other
motor vehicles carrying foodstuff and dry goods. Section 13.
Prohibited acts
Defacing or Tampering with Serial Numbers of Motor Vehicle Engines,
Engine Blocks and Chassis. It shall be unlawful for any person to
deface or otherwise tamper with the original or registered serial number
of motor vehicle engines, engine blocks and chassis. Section 14.
Identity Transfer. It shall be unlawful for any person, office or entity to
cause and/or allow the sale, registration, and/or transfer into another
name, the chassis number, engine number and plate number of a motor
vehicle declared as “total wreck” or beyond economic repair by
concerned insurance company, and/or law enforcement agencies, due
to its involvement in a vehicular accident or for some other causes. The
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ad majorem dei gloriam
LTO shall cancel the registration of total wreck vehicle as reported by
the PNP and/or as declared by the Insurance Commission. Section 15.
Transfer of Vehicle Plate. It shall be unlawful for any person, office or
entity to transfer or use a vehicle plate from one vehicle to another
without securing the proper authority from the LTO. Section 16.
Sale of Second Hand Spare Parts. It shall be unlawful for any person,
office or entity to buy and/or sell any second hand spare parts taken
from a carnapped vehicle. Section 17
People v Bustinera
Accused was an employee of Cipriano. The former was a taxi driver who
was bound to return the vehicle at 11pm of the same day after remitting
the boundary of P780. This the accused failed to do. RTC convicted him
of qualified theft. Correct? No
Anti-carnapping law applies. Since the vehicle does not fall among
the types of vehicles not covered by the law, the situation is covered by
the anti-carnapping law, which deals with unlawful taking of motor
vehicles. It is essentially robbery or theft of motorized vehicles.
Intent to gain. The term gain is not merely limited to pecuniary benefit
but also includes the benefit which in any other sense may be derived or
expected from the act which is performed. Thus, the mere use of the
thing which was taken without the owner’s consent constitutes gain.
Modifying circumstances not appreciated in carnapping. When the
penalties under the special law are different from and are without
reference or relation to those under the Revised Penal Code, there can
be no suppletory effect of the rules, for the application of penalties
under the said Code or by other relevant statutory provisions are based
on or applicable only to said rules for felonies under the Code. The anti-
carnapping law provides for its own penalties which are distinct and
without reference to the said Code.
People v Lagat
Accused were found in possession of the tricycle of the deceased the
same day that the latter was reported missing. The tricycle bore the
owner’s bloodstains, and registration papers of the vehicle were also
found in the tricycle upon inspection and accused could not explain their
possession. RTC and CA convicted the accused proper? Yes.
Accused can be convicted by mere circumstantial evidence as long
as elements are proven. The rules require that there be more than one
@thejoannev
SPECIAL PENAL LAW
circumstance, the facts from which inferences are derived are proven,
and the combination of all the circumstances results in a moral certainty
that the accused, to the exclusion of all others, is the one who has
committed the crime.
Elements. The following are the elements of carnapping:
1. That there is an actual taking of the vehicle;
2. That the vehicle belongs to a person other than the offender
himself;
3. That the taking is without the consent of the owner thereof; or
that the taking was committed by means of violence against or
intimidation of persons, or by using force upon things; and
4. That the offender intends to gain from the taking of the
vehicle.
Unlawful taking. it is deemed complete from the moment the offender
gains possession of the thing, even if he has no opportunity to dispose
of the same. Their unexplained possession raises the presumption that
they were responsible for the unlawful taking of the tricycle.
Intent to gain. Intent to gain from the carnapped tricycle was also
proven as they were caught in a palay buying station, on board the stolen
tricycle, which they obviously used to transport the cavans of palay they
had stolen and were going to sell at the station.
People v Nocum
Carnapping with homicide; elements. To prove the special complex
crime of carnapping with homicide, there must be proof not only of the
essential elements of carnapping, but also that it was the original criminal
design of the culprit and the killing was perpetrated "in the course of the
commission of the carnapping or on the occasion thereof. The following
must be proved in carnapping with homicide:
1. Taking of the vehicle
2. Original criminal design of carnapping
3. The killing
4. Killing was perpetrated in the course of carnapping or on the
occasion thereof.
JO VALLES
CHILD ABUSE
CHILD ABUSE
RA 7610, RA 7658, RA 9231
Outline of the law:
1. Child prostitution and other sexual abuse
2. Child trafficking
3. Obscene publications and indecent shows
4. Other acts of abuse
RA 7610
Special Protection of Children Against Abuse, Exploitation and
Discrimination Act
Page 365 codal
Section 2
As amended by RA 9231
It is hereby declared to be the policy of the State to:
1. Provide special protection to children from all forms of abuse,
neglect, cruelty, exploitation and discrimination, and other
conditions prejudicial to their development including child
labor and its worst forms;
2. provide sanctions for their commission and carry out a
program for prevention and deterrence of and crisis
intervention in situations of child abuse, exploitation and
discrimination.
State intervention. The State shall intervene on behalf of the child
when the parent, guardian, teacher or person having care or custody of
the child fails or is unable to protect the child against abuse, exploitation
and discrimination or when such acts against the child are committed by
the said parent, guardian, teacher or person having care and custody of
the same.
It shall be the policy of the State to protect and rehabilitate children
gravely threatened or endangered by circumstances which affect or will
affect their survival and normal development and over which they have
no control.
The best interests of children shall be the paramount consideration in
all actions concerning them, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities, and
legislative bodies, consistent with the principle of First Call for Children
as enunciated in the United Nations Convention on the Rights of the
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Child. Every effort shall be exerted to promote the welfare of children
and enhance their opportunities for a useful and happy life.
Section 3
Definition of terms
1. Children. Refers to person below eighteen (18) years of age or
those over but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or
condition
2. Child abuse. Refers to the maltreatment, whether habitual or
not, of the child which includes any of the following:
a. Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
b. Any act by deeds or words which debases, degrades
or demeans the intrinsic worth and dignity of a child
as a human being
c. Unreasonable deprivation of his basic needs for
survival, such as food and shelter;
d. Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his
growth and development or in his permanent
incapacity or death.
3. Circumstances which gravely threaten or endanger the
survival and normal development of children. These
include, but are not limited to, the following:
a. Being in a community where there is armed conflict
or being affected by armed conflict-related activities;
b. Working under conditions hazardous to life, safety
and morals which unduly interfere with their normal
development;
c. Living in or fending for themselves in the streets of
urban or rural areas without the care of parents or a
guardian or any adult supervision needed for their
welfare;
d. Being a member of an indigenous cultural
community and/or living under conditions of
extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate
access to basic services needed for a good quality of
life;
e. Being a victim of a man-made or natural disaster or
calamity; or
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f. Circumstances analogous to those above-stated
which endanger the life, safety or normal
development of children
CHILD PROSTITUTION AND OTHER SEXUAL ABUSE
Section 5
Child prostitution and other sexual abuse
Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate
or group, indulge in sexual intercourse or lascivious conduct, are deemed
to be children exploited in prostitution and other sexual abuse
The penalty of reclusion temporal in its medium period to reclusion
perpetua shall be imposed upon the following:
a. Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to, the
following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar
means;
(3) Taking advantage of influence or relationship to procure
a child as prostitute;
(4) Threatening or using violence towards a child to engage
him as a prostitute; or
(5) Giving monetary consideration, goods or other pecuniary
benet to a child with intent to engage such child in
prostitution.
b. Those who commit the act of sexual intercourse or lascivious
conduct with a child exploited in prostitution or subjected to
other sexual abuse
a. That when the victim is under twelve (12) years of
age, the perpetrators shall be prosecuted under
Article 335, paragraph 3, for rape and Article 336 of
Act No. 3815, as amended, the Revised Penal Code,
for rape or lascivious conduct, as the case may be:
b. That the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall be
reclusion temporal in tis medium period
c. Those who derive profit or advantage therefrom, whether as
manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which
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engages in prostitution in addition to the activity for which the
license has been issued to said establishment.
Section 6
Attempt to commit child prostitution
There is an attempt to commit child prostitution under Section 5,
paragraph (a) hereof when any person who, not being a relative of a
child, is found alone with the said child inside the room or cubicle of a
house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area
under circumstances which would lead a reasonable person to believe
that the child is about to be exploited in prostitution and other sexual
abuse.
There is also an attempt to commit child prostitution, under paragraph
(b) of Section 5 hereof when any person is receiving services from a
child in a sauna parlor or bath, massage clinic, health club and other
similar establishments. A penalty lower by two (2) degrees than that
prescribed for the consummated felony under Section 5 hereof shall be
imposed upon the principals of the attempt to commit the crime of child
prostitution under this Act, or, in the proper case, under the Revised
Penal Code.
CHILD TRAFFICKING
Section 7
Child trafficking
Any person who shall engage in trading and dealing with children
including, but not limited to:
1. the act of buying and selling of a child for money, or for any
other consideration, or
2. barter,
shall suffer the penalty of reclusion temporal to reclusion perpetua.
The penalty shall be imposed in its maximum period when the victim is
under twelve (12) years of age
Section 8
Attempt to commit child-trafficking
There is an attempt to commit child trafficking:
1. When a child travels alone to a foreign country without valid
reason therefor and without clearance issued by the
Department of Social Welfare and Development or written
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permit or justification from the child's parents or legal
guardian;
2. When a pregnant mother executes an affidavit of consent for
adoption for a consideration;
3. When a person, agency, establishment or child-caring
institution recruits women or couples to bear children for the
purpose of child trafficking;
4. When a doctor, hospital or clinic official or employee, nurse,
midwife, local civil registrar or any other person simulates birth
for the purpose of child trafficking; or
5. When a person engages in the act of finding children among
low-income families, hospitals, clinics, nurseries, day-care
centers, or other childcaring institutions who can be offered
for the purpose of child trafficking.
A penalty lower by two (2) degrees than that prescribed for the
consummated felony under Section 7 hereof shall be imposed upon the
principals of the attempt to commit child trafficking under this Act.
OBSCENE PUBLICATIONS AND INDECENT SHOWS
Section 9
Obscene publications and indecent shows
Any person who shall hire, employ, use, persuade, induce or coerce a
child to:
1. perform obscene exhibitions and indecent shows, whether live
or in video,
2. pose, or
3. model in obscene publications or pornographic materials or
4. to sell or distribute the said materials
shall suffer the penalty of reclusion perpetua in its medium period.
When maximum imposed. If the child used as performer, subject or
seller/distributor is below 12 years of age, the penalty shall be imposed
in its maximum period.
Relationship. ny ascendant, guardian, or person entrusted in any
capacity with care of a child who shall cause and/or allow such child to
be employed or to participate in an obscene play, scene, act, movie or
show or in any other acts covered by this section shall suffer the penalty
of prision mayor in its medium period.
OTHER ACTS OF ABUSE
Section 10
Other acts of neglect, abuse, cruelty, or exploitation and
other conditions prejudicial to the child’s development
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1. Any person who shall commit any other acts of child abuse,
cruelty or exploitation or be responsible for other conditions
prejudicial to the child's development including those covered
by Article 59 of Presidential Decree No. 603, as amended, but
not covered by the Revised Penal Code, as amended, shall
suffer the penalty of prision mayor in its minimum period.
2. Any person who shall keep or have in his company a minor,
twelve (12) years or under or who is ten (10) years or more his
junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places shall suffer
the penalty of prision mayor in its maximum period and a ne
of not less than Fifty thousand pesos (P50,000):
a. This provision shall not apply to any person who is
related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom
and tradition or acts in the performance of a social,
moral or legal duty
3. Any person who shall induce, deliver or offer a minor to any
one prohibited by this Act to keep or have in his company a
minor as provided in the preceding paragraph shall suffer the
penalty of prosion mayor in its medium period and a ne of not
less than Forty thousand pesos (P40,000);
a. Should the perpetrator be an ascendant, stepparent
or guardian of the minor, the penalty to be imposed
shall be prision mayor in its maximum period, a ne of
not less than Fifty thousand pesos (P50,000), and the
loss of parental authority over the minor
4. Any person, owner, manager or one entrusted with the
operation of any public or private place of accommodation,
whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with
him to such place or places any minor herein described shall
be imposed a penalty of prision mayor in its medium period
and a ne of not less than Fifty thousand pesos (P50,000), and
the loss of the license to operate such a place or establishment.
5. Any person who shall use, coerce, force or intimidate a street
child or any other child to;
a. Beg or use begging as a means of living;
b. Act as conduit or middlemen in drug trafficking or
pushing; or
c. Conduct any illegal activities,
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shall suffer the penalty of prision correccional in its medium
period to reclusion perpetua
The penalty for the crimes of murder, homicide, other intentional
mutilation, and serious physical injuries, respectively, shall be reclusion
perpetua when the victim is under twelve (12) years of age.
For the crimes of qualified seduction, acts of lasciviousness with the
consent of the offended party, corruption of minors, and white slave
trade, respectively, shall be one (1) degree higher than that imposed by
law when the victim is under twelve (12) years of age.
The victim of the acts committed under this section shall be entrusted
to the care of the Department of Social Welfare and Development.
Section 11
Sanctions for establishments or enterprises which promote,
facilitate, or conduct activities constituting child prostitution and
other sexual abuse, child trafficking, obscene publications and
indecent shows, and other acts of abuse
n establishment shall be deemed to promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said establishment under
this Act or in violation of the Revised Penal Code, as amended
They shall be immediately closed and their authority or license to operate
cancelled, without prejudice to the owner or manager thereof being
prosecuted under this Act and/or the Revised Penal Code, as amended,
or special laws.
A sign with the words "off limits" shall be conspicuously displayed
outside the establishments or enterprises by the Department of Social
Welfare and Development for such period which shall not be less than
one (1) year, as the Department may determine. The unauthorized
removal of such sign shall be punishable by prision correccional.
RA 7658, amending section 12 of RA 7610
Section 12
Employment of children
Children below 15 years of age shall not be employed except:
1. When a child works directly under the sole responsibility of his
parents or legal guardian and where only members of the
employer's family are employed.
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a. Provided that his employment neither endangers his
life, safety, health and morals, nor impairs his normal
development;
b. Provided, further, that the parent or legal guardian
shall provide the said minor child with the prescribed
primary and/or secondary education; or
2. Where a child's employment or participation in public
entertainment or information through cinema, theater, radio or
television is essential:
a. Provided that the employment contract is concluded
by the child's parents or legal guardian, with the
express agreement of the child concerned, if possible,
and the approval of the Department of Labor and
Employment: and
b. Provided that the following requirements in all
instances are strictly complied with:
i. The employer shall ensure the protection,
health, safety and morals and normal
development of the child;
ii. The employer shall institute measures to
prevent the child's exploitation or
discrimination taking into account the
system and level of remuneration, and the
duration and arrangement of working time;
and;
iii. The employer shall formulate and
implement, subject to the approval and
supervision of competent authorities, a
continuing program for training and skill
acquisition of the child.
In the above exceptional cases where any such child may be employed,
the employer shall first secure, before engaging such child, a work permit
from the Department of Labor and Employment which shall ensure
observance of the above requirements
Section 13
Non-formal education for working children
The Department of Education, Culture and Sports shall promulgate a
course design under its non-formal education program aimed at
promoting the intellectual, moral and vocational efficiency of working
children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process
deemed most effective under given circumstances.
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SPECIAL PENAL LAW
Section 14
Prohibition on the employment of children in certain
advertisements
As amended by RA 9231
No child shall be employed as a model in any advertisement directly or
indirectly promoting:
1. alcoholic beverages,
2. intoxicating drinks,
3. tobacco and its byproducts,
4. gambling or
5. any form of violence or pornography
Section 20
Discrimination
Children of indigenous cultural communities shall not be subjected to
any and all forms of discrimination. Any person who discriminate
against children of indigenous cultural communities shall suffer a penalty
of arresto mayor in its maximum period and a ne of not less than Five
thousand pesos (P5,000) nor more than Ten thousand pesos (P10,000).
Section 21
Participation
Indigenous cultural communities, through their duly-designated or
appointed representatives shall be involved in planning, decision-making
implementation, and evaluation of all government programs affecting
children of indigenous cultural communities. Indigenous institution
shall also be recognized and respected.
Section 23
Evacuation of children during armed conflict
Children shall be given priority during evacuation as a result of armed
conflict.
• Existing community organizations shall be tapped to look after
the safety and well-being of children during evacuation
operations.
• Measures shall be taken to ensure that children evacuated are
accompanied by persons responsible for their safety and well-
being.
Section 24
Family life and temporary shelter
Whenever possible, members of the same family shall be housed in the
same premises and given separate accommodation from other evacuees
and provided with facilities to lead a normal family life. In places of
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temporary shelter, expectant and nursing mothers and children shall be
given additional food in proportion to their physiological needs.
Whenever feasible, children shall be given opportunities for physical
exercise, sports and outdoor games.
Section 25
Rights of children arrested for reasons related to armed conflict
Any child who has been arrested for reasons related to armed conflict,
either as combatant, courier, guide or spy is entitled to the following
rights:
1. Separate detention from adults except where families are
accommodated as family units;
2. Immediate free legal assistance;
3. Immediate notice of such arrest to the parents or guardian of
the child; and
4. Release of the child on recognizance within twenty-four (24)
hours to the custody of the Department of Social Welfare and
Development or any responsible member of the community as
determined by the court.
Penalty. If after hearing the evidence in the proper proceeding the court
should find that the aforesaid child committed the acts charged against
him, the court shall determine the imposable penalty, including any civil
liability chargeable against him.
• Suspend proceedings. However, instead of pronouncing
judgment of conviction, the court shall suspend all further
proceedings and shall commit such child to the custody or care
of the Department of Social Welfare and Development or to
any training institution operated by the Government, or duly-
licensed agencies or any other responsible person, until he has
had reached eighteen (18) years of age or, for a shorter period
as the court may deem proper, after considering the reports
and recommendations of the Department of Social Welfare
and Development or the agency or responsible individual
under whose care he has been committed.
• Visitation. The aforesaid child shall subject to visitation and
supervision by a representative of the Department of Social
Welfare and Development or any duly-licensed agency or such
other officer as the court may designate subject to such
conditions as it may prescribe. The aforesaid child whose
sentence is suspended can appeal from the order of the court
in the same manner as appeals in criminal cases.
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• Appeal. The aforesaid child whose sentence is suspended can
appeal from the order of the court in the same manner as
appeals in criminal cases.
Section 27
Who may file complaint
Complaints on cases of unlawful acts committed against children as
enumerated herein may be filed by the following:
a. offended party
b. Parents or guardians
c. Ascendant or collateral relative within the third degree of
consanguinity;
d. Officer, social worker or representative of a licensed child-
caring institution;
e. Officer or social worker of the Department of Social Welfare
and Development;
f. Barangay chairman; or
g. At least three (3) concerned, responsible citizens where the
violation occurred.
Section 28
Protective custody of the child
The offended party shall be immediately placed under the protective
custody of the Department of Social Welfare and Development
pursuant to Executive Order No. 56, series of 1986.
• In the regular performance of this function, the ofcer of the
Department of Social Welfare and Development shall be free
from any administrative, civil or criminal liability. Custody
proceedings shall be in accordance with the provisions of
Presidential Decree No. 603.
Section 29
Confidentiality
At the instance of the offended party, his name may be withheld from
the public until the court acquires jurisdiction over the case.
• It shall be unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer or producer
in case of television and radio broadcasting, producer and
director of the film in case of the movie industry, to cause
undue and sensationalized publicity of any case of violation of
this Act which results in the moral degradation and suffering
of the offended party.
Section 30
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Special proceedings
Cases involving violations of this Act shall be heard in the chambers of
the judge of the Regional Trial Court duly designated as Juvenile and
Domestic Court.
• Any provision of existing law to the contrary notwithstanding
all courts shall give preference to the hearing or disposition of
cases involving violations of this Act.
• Exceptions:
1. habeas corpus,
2. election cases, and
3. cases involving detention prisoners and persons covered
by Republic Act No. 4908
Section 31
Common penal provisions
a. The penalty provided under this Act shall be imposed in its
maximum period if the offender has been previously convicted
under this Act
b. When the offender is a corporation, partnership or association,
the officer or employee thereof who is responsible for the
violation of this Act shall suffer the penalty imposed in its
maximum period
c. The penalty provided herein shall be imposed in its maximum
period when the perpetrator is an ascendant, parent, guardian,
stepparent or collateral relative within the second degree of
consanguinity or afnity, or a manager or owner of an
establishment which has no license to operate or its license has
expired or has been revoked
d. When the offender is a foreigner, he shall be deported
immediately after service of sentence and forever barred from
entry to the country
e. The penalty provided for in this Act shall be imposed in its
maximum period if the offender is a public officer or
employee:
o Provided that if the penalty imposed is reclusion
perpetua or reclusion temporal, then the penalty of
perpetual or temporary absolute disqualification shall
also be imposed:
o Provided that if the penalty imposed is prision
correccional or arresto mayor , the penalty of
suspension shall also be imposed
f. A fine to be determined by the court shall be imposed and
administered as a cash fund by the Department of Social
Welfare and Development and disbursed for the rehabilitation
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of each child victim, or any immediate member of his family if
the latter is the perpetrator of the offense
RA 9231
Amending RA 7610
Section 3
12-A. Hours of work of a working child
Under the exceptions provided in Section 12 of this Act, as amended:
1. A child below 15 years of age may be allowed to work for not
more than twenty (20) hours a week:
a. Provided , That the work shall not be more than four
(4) hours at any given day;
2. A child 15 years of age but below 18 shall not be allowed to
work for more than eight (8) hours a day, and in no case
beyond forty (40) hours a week;
3. No child below 15 years of age shall be allowed to work
between eight o'clock in the evening and six o'clock in the
morning of the following day and no child 15 of age but below
18 shall be allowed to work between ten o'clock in the evening
and six o'clock in the morning of the following day.
12-B. Ownership, usage and administration of the working
child’s income
The wages, salaries, earnings and other income of the working child shall
belong to him/her in ownership and shall be set aside primarily for
his/her support, education or skills acquisition and secondarily to the
collective needs of the family.
• Not more than 20% of the child’s income may be used for the
collective needs of the family
Administration. The income of the working child and/or the property
acquired through the work of the child shall be administered by both
parents.
• In the absence or incapacity of either of the parents, the other
parent shall administer the same.
• In case both parents are absent or incapacitated, the order of
preference on parental authority as provided for under the
Family Code shall apply.
12-C. Trust fund to preserve part of the working child’s income
The parent or legal guardian of a working child below 18 years of age
shall set up a trust fund for at least 30% of the earnings of the child
whose wages and salaries from work and other income amount to at
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least two hundred thousand pesos (P200,000.00) annually, for which
he/she shall render a semi-annual accounting of the fund to the
Department of Labor and Employment, in compliance with the
provisions of this Act.
• The child shall have full control over the trust fund upon
reaching the age of majority.
12-D. Prohibition against worst forms of child labor
No child shall be engaged in the worst forms of child labor. The phrase
worst forms of child labor shall refer to any of the following:
1. All forms of slavery, as defined under the "Anti-trafficking in
Persons Act of 2003", or practices similar to slavery such as
sale and trafficking of children, debt bondage and serfdom and
forced or compulsory labor, including recruitment of children
for use in armed conflict; or
2. The use, procuring, offering or exposing of a child for
prostitution, for the production of pornography or for
pornographic performances; or
3. The use, procuring or offering of a child for illegal or illicit
activities, including the production and trafficking of
dangerous drugs and volatile substances prohibited under
existing laws; or
4. Work which, by its nature or the circumstances in which it is
carried out, is hazardous or likely to be harmful to the health,
safety or morals of children, such that it:
a. Debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being; or
b. Exposes the child to physical, emotional or sexual
abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
c. Is performed underground, underwater or at
dangerous heights; or
d. Involves the use of dangerous machinery, equipment
and tools such as power-driven or explosive power-
actuated tools; or
e. Exposes the child to physical danger such as, but not
limited to the dangerous feats of balancing, physical
strength or contortion, or which requires the manual
transport of heavy loads; or
f. Is performed in an unhealthy environment exposing
the child to hazardous working conditions, elements,
substances, co-agents or processes involving
ionizing, radiation, re, flammable substances, noxious
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SPECIAL PENAL LAW
components and the like, or to extreme temperatures,
noise levels, or vibrations; or
g. Is performed under particularly difficult conditions;
or
h. Exposes the child to biological agents such as
bacteria, fungi, viruses, protozoans, nematodes and
other parasites; or
i. Involves the manufacture or handling of explosives
and other pyrotechnic products.
Malto v People
A professor induced his 17-year-old student to indulge in sexual
intercourse for several times with him. The argument he raised for the
child abuse charge against him is the sweetheart theory. Proper? No.
Sweetheart theory. This is the theory that the sexual act was
consensual. This requires proof that the accused and the victim were
lovers and that she consented to the sexual relations.
• Sweetheart theory not applicable in 7610. For purposes of
sexual intercourse and lascivious conduct in child abuse cases
under RA 7610, the sweetheart defense is unacceptable. A
child exploited in prostitution or subjected to other sexual
abuse cannot validly give consent to sexual intercourse with
another person.
• Consent immaterial. Unlike rape, consent is immaterial in
cases involving violation of Section 5, Article 3 of RA 7610.
The mere act of having sex or committing lascivious conduct
with a child who is exploited in prostitution or subjected to
sexual abuse constitutes the offense. It is a malum prohibitum,
an evil that is proscribed.
o Rationale. A child is presumed by law to be
incapable of giving rational consent to any lascivious
act or sexual intercourse.
o Note that in this case, the accused took advantage of
his relationship or moral ascendancy to obtain the
minor’s consent.
People v Matias
Matias raped a 13-year-old child. The following are the rules to be
observed when a child is raped:
1. Victim is below 12. the offender should not be prosecuted for
sexual abuse but for statutory rape under Article 266-A(1)(d)
of the RPC, punished by reclusion perpetua. x
2. Victim is 12 and above. The offender should be charged with
either sexual abuse under Section 5(b) of RA 7610 or rape
under Article 266-A (except paragraph 1[d]) of the RPC.
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CHILD ABUSE
• However, the offender cannot be accused of both
crimes for the same act because his right against
double jeopardy will be prejudiced. A person cannot
be subjected twice to criminal liability for a single
criminal act.
Flordeliz v People
When acts of lasciviousness are committed against a minor [who is not
below 12 years], the accused shall be prosecuted under Section 5(a) of
RA 7610, or child abuse through lascivious conduct. The requisites for
acts of lasciviousness under Article 336 of the RPC must be met in
addition to the requisites for sexual abuse under Section 5 of R.A. No.
7610.
Acts of lasciviousness (Article 336 of the RPC
1. That the offender commits any act of lasciviousness or
lewdness;
2. That it is done under any of the following circumstances
a. By using force or intimidation; or
b. When the offended party is deprived of reason or
otherwise unconscious;
c. When the offended party is under 12 years of age;
3. That the offended party is another person of either sex
Sexual abuse under Section 5 of RA 7610
1. The accused commits the act of sexual intercourse or lascivious
conduct;
2. The said act is performed with a child exploited in prostitution
or subjected to other sexual abuse; and
3. The child, whether male or female, is below 18 years of age.
In this case, the victim of acts of lasciviousness was an 11-year-old.
The Information specifically charged petitioner with Acts of
Lasciviousness under the RPC, without stating therein that it was in
relation to R.A. No. 7610. However, the failure to designate the
offense 8by statute or to mention the specic provision penalizing
the act, or an erroneous specication of the law violated, does not
vitiate the information if the facts alleged therein clearly recite the
facts constituting the crime charged.
People v Dahilig
If all the elements of both the crimes of rape and child abuse are present,
the accused can be charged with either. However, because the
information correctly alleged Rape, the accused should be charged with
Rape. In this case, a 16-year-old was raped. The accused was charged
and convicted by the RTC of Rape under 266-A of the RPC. The CA
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modified the decision to Child Abuse under RA 7610 in view of the age Influence. This is the improper use of power or trust in any way that
of the victim. It was wrong for the CA to do so. It should have just deprives a person of free will and substitutes another’s objective.
affirmed the conviction. Coercion. This is the improper use of power to compel another to
submit to the wishes of one who wields it.
Garingarao v People
The number of times the act is committed is immaterial. One can be
convicted under RA 7610 through a single act.
People v Olayon
This is case of consensual sex between an adult and a 14-year-old. The
accused was charged and convicted by the RTC of other acts of child
abuse under RA 7610, Section 10(a). CA reversed, saying that said
consensual sex did not fall under Section 10 because said provision
refers to those acts under Section 3(b) [maltreatment, etc]. It is more
closely related to Section 5 or sexual abuse. But the accused cannot be
convicted under said provision because to be considered sexual abuse,
such intercourse should have occurred due to coercion or intimidation,
neither of which were alleged in the information.
• Comment: In the Malto case, consent was also given but the
accused was nevertheless convicted. The difference is that in
that case, it was shown that the accused took advantage of his
moral ascendancy over the minor to obtain consent.
Caballo v People
The one with the weak pull-out game. This case involves a 17-year-
old girl who fell in love with a 23-year old guy. They were hitting it off
until the guy wanted to take it to the next level. He told her that his pull-
out game is strong and that if anything happens, he’ll marry her.
Marupok si girl so they eventually did it, not once but several times.
Later, she came to the realization that his pull-out game was, sadly, not
strong when she found out she got pregnant. An information was filed
against the boy for violating Section 10(a) of RA 7610. The guy argued
that him being a bolero should not be considered as ‘persuasion’ or
‘inducement’ because those acts need to be coupled with some form of
coercion or intimidation. He also said that they were sweethearts, so that
should count as consent on the girl’s part.
• The SC dismissed his arguments. The law recognizes that
influence can be done in various forms. What is essential is that
it be enough to subdue the offended party’s free will. In the
case at bar, the boy’s promises were enough to induce the girl
into doing those dirty deeds. In regard to the sweetheart
defense, the court held that consent in these cases are
immaterial.
@thejoannev JO VALLES
SWINDLING BY SYNDICATE
INCREASING THE PENALTY FOR
CERTAIN FORMS OF SWINDLING
OR ESTAFA
Presidential Decree No. 1689
Section 1
Any person or persons who shall commit estafa or other forms of
swindling as defined in Article 315 and 316 of the Revised Penal Code,
as amended, shall be punished by life imprisonment to death if the
swindling (estafa) is committed:
1. by a SYNDICATE consisting of five or more persons formed
with the intention of carrying out the unlawful or illegal act,
transaction, enterprise or scheme, and
2. the defraudation results in the misappropriation of money
contributed by stockholders, or members of rural banks,
cooperative, "samahang nayon(s)", or farmers association, or
of funds solicited by corporations/associations from the
general public.
When not committed by a syndicate as above defined, the penalty
imposable shall be reclusion temporal to reclusion perpetua if the
amount of the fraud exceeds 100,000 pesos.
ad majorem dei gloriam SPECIAL PENAL LAW
3. When the number of the accused are five or more, the crime
is syndicated estafa under paragraph 1 of the Decree
4. If the number of accused is less than five but the defining
element of the crime under the Decree is present, the second
paragraph of the Decree applies (People v. Romero, People v.
Balasa)
5. The Decree does not apply regardless of the number of the
accused, when:
a. the entity soliciting funds from the general public is
the victim and not the means through which the
estafa is committed,
b. the offenders are not owners or employees who used
the association to perpetrate the crime, in which case,
Article 315 (2) (a) of the Revised Penal Code applies.
The accused in this case are not in any way related by employment or
ownership to AUB. They are outsiders who, by their cunning moves
were able to defraud an association, which is AUB. It would have been
a different story had they been managers or owners of AUB who used
the bank to defraud public depositors.

Section 2
This decree shall take effect immediately.

Guy v CA
The elements of syndicated estafa (fom Sec. 1 of PD 1689) are:
1. Estafa or other forms of swindling as defined in Articles 315
and 316 of the RPC is committed;
2. The estafa or swindling is committed by a syndicate of five or
more persons; and
3. Defraudation results in the misappropriation of moneys
contributed by stockholders, or members of rural banks,
cooperatives, "samahang nayon(s)," or farmers' associations or
of funds solicited by corporations/associations from the
general public.

Rules for application of estafa under PD 1689

1. Presidential Decree No. 1689 also covers commercial banks.
2. To be within the ambit of the Decree, the swindling must be
committed through the association, (i.e. the bank in this case)
which operate on funds solicited from the general public

58 @thejoannev JO VALLES
ISLAW ad majorem dei gloriam SPECIAL PENAL LAW
and his physical, mental and moral record. . Judge Guadiz, Jr. 4. Served a period of imprisonment not less than the minimum
INDETERMINATE SENTENCE AM 1553 period for which they might have been sentenced under this
• The one with the illegal recruiter; fixing minimum. The Act for the same offense.
penalty next lower should be based on the penalty prescribed
LAW by the Code for the offense, without first considering any Sections 3 and 4
modifying circumstance attendant to the commission of the The Board of Pardons and Parole
Act 4103
(As amended by Act No. 4225 and RA 4223) crime. The determination of the minimum penalty is left by law
to the sound discretion of the court and it can be anywhere Composition (Section 3):
within the range of the penalty next lower without any To be appointed by the President, with the consent of the Commission
reference to the periods into which it might be subdivided. The on Appointments who shall hold office for a term of six years:
Section 1
modifying circumstances are considered only in the imposition 1. Secretary of Justice who shall be its Chairman, and
Period of indeterminate sentence
of the maximum term of the indeterminate sentence. People v 2. 4 members
Punished by RPC Punished by SPL
Maximum Proper imposable Not to exceed the Saley; Vasquez v People
penalty under the maximum period Qualifications (Section 3):
RPC, after taking fixed by the SPL Section 2 1. One member of the board shall be a trained sociologist,
into account Cases where ISLAW does not apply 2. One a clergyman or educator,
modifying General rule: ISLAW does not apply to: 3. One psychiatrist unless a trained psychiatrist be employed by
circumstances 1. Persons convicted of offenses punished with death penalty or the board, and
Minimum Within the range of Not to go below the life-imprisonment 4. The other members shall be persons qualified for such work
the penalty next minimum period 2. Those convicted of: by training and experience.
lower to that fixed by the SPL a. Treason, conspiracy or proposal to commit treason, 5. At least one member of the board shall be a woman.
prescribed by RPC, misprision of treason
without first taking b. Rebellion
into account the What it is authorized to do (Section 4):
c. Espionage
modifying 1. The Board of Pardons and Parole is authorized to adopt such
d. Sedition
circusmtances
e. Piracy rules and regulations as may be necessary for carrying out its
3. Those who are habitual delinquents functions and duties.
• The one with the judge who did not specify minimum and 2. The Board is empowered to call upon any bureau, office,
4. Those who have escaped from confinement or evaded
maximum. The requirement of imposing an indeterminate branch, subdivision, agency or instrumentality of the
sentence
sentence in all criminal offenses, whether punished by the Government for such assistance as it may need in connection
5. Those who having been granted conditional pardon by the
Revised Penal Code or by special laws, with definite minimum with the performance of its functions.
Chief Executive shall have violated the terms thereof
and maximum terms [periods], is mandatory. Judge Guadiz, Jr.
6. Those whose maximum term of imprisonment does not
AM 1553 Board meetings (Section 4):
exceed one year
• The one with the Fundador infringement. The imposition 7. Those already sentenced by final judgment at the time of 1. A majority of all the members shall constitute a quorum and a
of an indeterminate sentence with maximum and minimum approval of this Act majority vote shall be necessary to arrive at a decision.
periods in criminal cases [which are] not excepted from the Exception: Under Section 5 of Act 4103: the following requisites must 2. Any dissent from the majority opinion shall be reduced to
coverage of the Indeterminate Sentence Law pursuant to its concur to avail of parole: writing and filed with the records of the proceedings.
Section 228 is mandatory. Batistis v People 1. Convicted of any offense other than those named in Section 2 3. Each member of the Board, including the Chairman and the
• The one with the judge who did not specify minimum and hereof [see enumeration above] Executive Officer, shall be entitled to receive as compensation
maximum. The need for specifying the minimum and 2. Sentenced for more than one year by final judgment prior to fifty pesos for each meeting actually attended by him, and in
maximum periods of the indeterminate sentence is to prevent the date on which this Act shall take effect addition thereto, reimbursement of actual and necessary
the unnecessary and excessive deprivation of liberty and 3. Recommendation of the Board of Indeterminate Sentence to traveling expenses incurred in the performance of duties:
economic usefulness of the accused, since he may be exempted the Governor-general 4. Board meetings will not be more than three times a week
from serving the entire sentence, depending upon his behavior

59 @thejoannev JO VALLES
CHILD ABUSE
Section 5
Board of Indeterminate Sentence
1. It shall be the duty of the Board of Indeterminate Sentence to
look into the physical, mental and moral record of the
prisoners who shall be eligible to parole and to determine the
proper time of release of such prisoners.
2. The said Board of Indeterminate Sentence shall also examine
the records and status of prisoners who shall have been
convicted of any offense other than those named in Section 2
hereof, and have been sentenced for more than one year by
final judgment prior to the date on which this Act shall take
effect, and shall make recommendation in all such cases to the
Governor-General with regard to the parole of such prisoners
as they shall deem qualified for parole as herein provided, after
they shall have served a period of imprisonment not less than
the minimum period for which they might have been
sentenced under this Act for the same offense
When Board of Indeterminate Sentence may authorize release of
prisoner on parole
1. Prisoner has served the minimum penalty imposed on him, and
2. It appears to the Board of Indeterminate Sentence, from the
reports of the prisoner's work and conduct which may be
received in accordance with the rules and regulations
prescribed, and from the study and investigation made by the
Board itself, that such prisoner is fitted by his training for
release, that there is a reasonable probability that such prisoner
will:
a. Live and remain at liberty without violating the law,
and that
b. Such release will not be incompatible with the welfare
of society
Must be in accordance with the rules and regulations adopted.
Section 6
Duties of parolee
To report personally to such government officials or other parole
officers appointed by the BoIS for surveillance.
• The officials so designated shall keep such records and make
such reports and perform such other duties hereunder as may
be required by said Board.
• The limits of residence of such paroled prisoner during his
parole may be fixed and from time to time changed by the said
Board in its discretion
60
ad majorem dei gloriam SPECIAL PENAL LAW
Period of surveillance
1. Equivalent to the remaining portion of the maximum sentence
imposed upon him or
2. Until final release and discharge by the Board of Indeterminate
Sentence
Final release and discharge
If during the period of surveillance such paroled prisoner shall show
himself to be a law-abiding citizen and shall not violate any of the laws
of the Philippine Islands, the Board of Indeterminate Sentence may issue
a final certificate of release in his favor, which shall entitle him to final
release and discharge.
Section 7
Procedure for final release and discharge
The Board shall file a certified copy of each order of conditional or final
release and discharge issued in accordance with the provisions of
Sections 5 and 6:
1. With the court which passed judgment on the case, and
2. With the Chief of Constabulary
Section 8
Violation of terms
Whenever any prisoner released on parole by virtue of this Act shall,
during the period of surveillance, violate any of the conditions of his
parole, the Board of Indeterminate Sentence may issue an order for his
re-arrest which may be served in any part of the Philippine Islands by
any police officer.
• In such case the prisoner so re-arrested shall serve the
remaining unexpired portion of the maximum sentence for
which he was originally committed to prison, unless the Board
of Indeterminate Sentence shall, in its discretion, grant a new
parole to the said prisoner.
@thejoannev JO VALLES
PROBATION LAW
PROBATION LAW OF 1976
PD 968
(As amended by PD 1257 and RA 10707)
Section 3
Definition of Terms
1. Probation. It is the disposition under which a defendant, after
conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation
officer.
2. Probationer. Person placed on probation.
3. Probation officer. This is one who investigates for the court
a referral for probation or supervises a probationer or both.
Probation, nature. Probation is not a right of an accused, but rather an
act of grace and clemency or immunity conferred by the State which may
be granted by the court to a seemingly deserving defendant who thereby
escapes the extreme rigors of the penalty imposed by law for the offense
of which he stands convicted. It is a special prerogative granted by law
to a person or group of persons not enjoyed by others or by all.
Accordingly, the grant of probation rests solely upon the discretion of
the court which is to be exercised primarily for the benefit of organized
society, and only incidentally for the benefit of the accused. Francisco v
CA
The one with the huge stone. But, firstly, while it is true that probation
is a mere privilege, the point is not that Arnel [accused] has the right to
such privilege; he certainly does not have. What he has is the right to apply
for that privilege. If the Court allows him to apply for probation because
of the lowered penalty, it is still up to the trial judge to decide whether
or not to grant him the privilege of probation, taking into account the
full circumstances of his case. Colinares v People
Section 4
When probation may be granted
Probation may be granted by the trial court after it shall have convicted
and sentenced a defendant, and upon application by said defendant
within the period for perfecting an appeal. However, no application for
probation shall be entertained or granted if the defendant has perfected
the appeal from the judgment of conviction.
General rule: One who has already perfected an appeal can no longer
qualify for probation.
61
ad majorem dei gloriam
• The one with the oral appeal. The convict loses his right to
apply for probation after he has perfected his appeal from the
judgment of conviction. In this case, the accused manifested
orally and in open court his intention to appeal the Trial
Court’s decision to convict him. This is equivalent to a written
notice of appeal and is treated as such. Hence, accused can no
longer apply for probation. Llamado v CA
• The one who said anak ng puta. By perfecting his appeal,
petitioner ipso facto relinquished his alternative remedy of
availing of the Probation Law the purpose of which is simply
to prevent speculation or opportunism on the part of an
accused who although already eligible does not at once apply
for probation, but doing so only after failing in his appeal.
Francisco v CA
• The one who said anak ng puta. The law considers appeal
and probation mutually exclusive remedies. [Hence, one who
has already perfected an appeal can no longer qualify for
probation.] Francisco v CA
• How to appeal. An appeal is perfected by simply filing a
notice of appeal with the RTC which rendered the judgment
appealed from and serving a copy thereof upon the People of
the Philippines.
Exception: When a judgment of conviction imposing a non-
probationable penalty is appealed or reviewed, and such judgment is
modified through the imposition of a probationable penalty, the
defendant shall be allowed to apply for probation based on the modified
decision before such decision becomes final.
Colinares v People
The one with the huge stone. Arnel Colinares was disqualified from
application for probation as he was convicted of frustrated homicide by
the RTC, which decision was affirmed by the CA. However, upon
appeal, the SC convicted him only of attempted homicide, the penalty
for which qualifies him for probation.
• Ruling. Despite having perfected an appeal, the Court allowed
him to apply for probation. In appealing his case, he raised the
issue of correctness of the penalty imposed on him. He claimed
that the evidence at best warranted his conviction only for
attempted, not frustrated, homicide, which crime called for a
probationable penalty. In a way, therefore, Arnel sought from
the beginning to bring down the penalty to the level where the
law would allow him to apply for probation.
@thejoannev
SPECIAL PENAL LAWS
• What makes it different. You do note that when Arnel appealed
his case to the CA, he did not seek acquittal. From the onset,
he appealed for conviction of a lesser crime, so that he may
qualify for probation. This removes speculation on his part,
unlike the case of Franciso who was already qualified to apply
for probation but nevertheless appealed the conviction against
him. Francisco actually sought for acquittal.
• Trial court rendered wrong judgment. The Probation Law
never intended to deny an accused his right to probation
through no fault of his. In a real sense, the Court’s finding that
Arnel was guilty, not of frustrated homicide, but only of
attempted homicide, is an original conviction that for the first
time imposes on him a probationable penalty.
Appeal and probation are mutually exclusive. Based on the
discussion on Section 4 above, appeal and probation are 2 mutually
exclusive remedies—the filing of one is deemed a waiver of the other.
Non-appealable. An order granting or denying probation shall not be
appealable.
Section 8
When application shall be denied
a. The offender is in need of correctional treatment that can be
provided most effectively by his commitment to an institution;
or
b. There is undue risk that during the period of probation the
offender will commit another crime; or
c. Probation will depreciate the seriousness of the offense
committed.
The court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the
offender, and available institutional and community resources
Section 9
Those who cannot qualify for probation
Under Section 9 of the Probation Law, P.D. 968, the following offenders
cannot avail of the benefits of probation:
a. Those sentenced to serve a maximum term of imprisonment
of more than six years;
b. Those convicted of any crime against the national security;
c. Those who have previously been convicted by final
judgment of an offense punished by imprisonment of not less
than one month and one day and/or fine of not less than two
hundred pesos;
JO VALLES
PROBATION LAW
d. Those who have been once on probation under the provisions
of this decree; and
e. Those who are already serving sentence at the time the
substantive provisions of this Decree became applicable
pursuant to Section 33 hereof.
• Previous conviction under (c); what it means. It refers, to
any conviction of any crime punished by imprisonment of not
less than one month and one day and/or fine of not less than
two hundred pesos. This provision of law is definitive and
unqualified. There is nothing in Section 9, paragraph (c) which
qualifies "previous conviction as referring to a conviction for a
crime which is entirely different from that for which the
offender is applying for probation or a crime which arose out
of a single act or action as petitioner would have the court to
understand. Pablo v Judge Castillo
o The one who failed to consolidate 3 cases. Hence,
in this case, the accused was disqualified from
probation even he was convicted of violating BP 22
from a single act of issuing worthless cheeks resulting
to the filing of 3 cases against him. Pablo v Judge Castillo
• Previous conviction under (c). The statute relates previous to
the date of conviction and not the date of the commission of
the crime. [The ultimate question to ask is: Has there been a
prior conviction? It is irrelevant to ask if the conviction under
the previous case arose from the same set of actions in the
present case.] Rura v Lopeña
• Those sentenced to serve a maximum term of
imprisonment of more than six years. Fixing the cut-off
point at a maximum term of six (6) years imprisonment for
probation is based on the assumption that those sentenced to
higher penalties pose too great a risk to society, not just
because of their demonstrated capability for serious wrong
doing but because of the gravity and serious consequences of
the offense they might further commit. Francisco v CA
• Those sentenced to serve a maximum term of
imprisonment of more than six years. Multiple prison terms
imposed against an accused found guilty of several offenses in
one decision are not, and should not be, added up. The
multiple prison terms are distinct from each other, and if none
of the terms exceeds the limit set out in the Probation Law, i.e.,
not more than six (6) years, then he is entitled to probation,
unless he is otherwise specially disqualified. Francisco v CA
ad majorem dei gloriam
Crimes against national security
1. Treason
2. Proposal and conspiracy to commit treason
3. Misprision of treason
4. Espionage
5. Inciting to war or giving motives for reprisals
6. Violation of neutrality
7. Correspondence with hostile country
8. Flight to enemy’s country
9. Piracy in general and mutiny on the high seas or in PH waters
10. Qualified piracy
Section 10
Conditions of Probation
Every probation order issued by the court shall contain conditions
requiring that the probationer shall:
a. Present himself to the probation officer designated to
undertake his supervision at such place as may be specified in
the order within seventy-two hours from receipt of said order;
b. report to the probation officer at least once a month at such
time and place as specified by said officer.
Sections 5-7
Process
Section 5. Post-sentence Investigation.
No person shall be placed on probation except upon prior investigation
by the probation officer and a determination by the court that the ends
of justice and the best interest of the public as well as that of the
defendant will be served thereby.
Section 6. Form of Investigation Report.
The investigation report to be submitted by the probation officer under
Section 5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.
Section 7. Period for Submission of Investigation Report.
1. The probation officer shall submit to the court the
investigation report on a defendant not later than sixty days
from receipt of the order of said court to conduct the
investigation.
2. The court shall resolve the petition for probation not later than
fifteen days after receipt of said report.
Pending submission of the investigation report and the resolution of the
petition, the defendant may be allowed on temporary liberty under his
bail filed in the criminal case;
SPECIAL PENAL LAWS
• Provided, That, in case where no bail was filed or that the
defendant is incapable of filing one, the court may allow the
release of the defendant on recognizance of the custody of a
responsible member of the community who shall guarantee his
appearance whenever required by the court.
Section 14
Period of Probation
a. The period of probation of a defendant sentenced to a term of
imprisonment of not more than one year shall not exceed two
years, and in all other cases, said period shall not exceed six
years.
b. When the sentence imposes a fine only and the offender is
made to serve subsidiary imprisonment in case of insolvency,
the period of probation shall not be less than nor to be more
than twice the total number of days of subsidiary
imprisonment as computed at the rate established, in Article
thirty-nine of the Revised Penal Code, as amended.
Section 16
Termination of Probation.
After the period of probation and upon consideration of the report and
recommendation of the probation officer, the court may order the final
discharge of the probationer upon finding that he has fulfilled the terms
and conditions of his probation and thereupon the case is deemed
terminated.
Effect: The final discharge of the probationer shall operate to:
1. Restore to him all civil rights lost or suspend as a result of his
conviction and
2. Fully discharge his liability for any fine imposed as to the
offense for which probation was granted.
The probationer and the probation officer shall each be furnished with
a copy of such order.

62 @thejoannev JO VALLES
PROHIBITION OF DEATH PENALTY
PROHIBITION OF DEATH
PENALTY
RA 9346
Page 460 codal
Section 1
What laws are repealed
The imposition of the penalty of death is hereby prohibited.
Accordingly, the following are repealed:
1. R. A. No. 8177, otherwise known as the Act Designating
Death by Legal Injection
2. Act No 7659 or the Death Penalty Law
3. All other laws, executive orders and decrees, insofar as they
impose the death penalty
Section 2
What is imposed in lieu of death penalty
1. Reclusion perpetua- when the law makes use of the
nomenclature of the penalties of the RPC
2. Life imprisonment- when the law violated does not make use
of the nomenclature of the penalties of the RPC
Section 3
Non-eligibility for parole
Persons convicted of offenses punished with reclusion perpetua or
those whose sentences will be reduced to such by reason of this Act,
shall not be eligible for parole under Act No. 4108, otherwise known as
the Indeterminate Sentence Law.
Section 4
Publication
The Board of Pardons and Parole shall cause the publication at least
once a week for 3 consecutive weeks in a newspaper of general
circulation the names of persons convicted of offenses punished with
reclusion perpetua or life imprisonment by reason of this Act who are
being considered for commutation or pardon.
• But this shall not limit the power of the President to grant
executive clemency.
63
ad majorem dei gloriam SPECIAL PENAL LAWS
There were conflicting views regarding the interpretation of the • Reason. When CA affirmed RTC’s decision, RA 9346 was not
prohibition of imposing death penalty especially about attempted and
frustrated crimes, and with respect to accomplices and accessories. The
yet in effect, and therefore the imposable penalty on
consummated rape is death. As such, the penalty imposable on
confusion arises where the penalty imposed by the law involves (or is) attempted is 2 degrees lower than death, which is reclusion
death. The reason is because the RPC, especially Art 71 on the scale of temporal.
penalties, makes reference to the penalty imposed on the principals in • In view of RA 9346. The determination of his penalty for
consummated crimes. attempted rape shall be reckoned not from two degrees lower
• View #1: The conservative view: graduation of penalties than death, but two degrees lower than reclusion perpetua. Hence,
remains unaffected. The penalties imposed for crimes at the the maximum term of his penalty shall no longer be reclusion
frustrated or attempted stage, or that of accomplices or temporal, as ruled by the Court of Appeals, but instead, prision
accessories are not affected. mayor.
• View #2: The penalties imposed for crimes at the frustrated
or attempted stage, or that of accomplices or accessories are Doctrine: The negation of the word death as previously inscribed in
lowered. Article 71 [scale of penalties] will have the effect of appropriately
downgrading the proper penalties attaching to accomplices, accessories,
Example: Let us say X and Y were tried for the crime. X was charged frustrated and attempted felonies to the level consistent with the rest of
as a principal for having directly participated in the kidnapping. Y was our penal laws. To have another interpretation would result to an absurd
charged as an accomplice for having allowed X to use his house to detain situation wherein the penalty for a consummated crime and a frustrated
the victim, even though Y was abroad at the time of the crime and crime punishable by death would be the same.
otherwise had no other participation therein. Both X and Y were
convicted by final judgment. Since X could no longer be meted the death
penalty, he is sentenced instead to reclusion perpetua. Ordinarily, Y as
an accomplice should receive the penalty next lower in degree, or
reclusion temporal.
• Using the conservative view that the graduation of penalties
will be unaffected, the penalty imposed on the accomplice
would be reclusion pepetua. It would be the same as the
principal who was supposed to be meted out with death
penalty, but was meted out with reclusion perpetua in view of
RA 9346.
• Using the other view, the penalty imposed on the accomplice
would be reclusion temporal, one degree lower than that
imposed on the principal [using the adjusted penalty under RA
9346]
The conflict was settled in People v Bon.
People v Bon
Bon raped his 2 minor nieces and the lower court convicted him of 8
counts of rape and imposed upon him 8 death sentences. The CA
affirmed the 6 counts of consummated rape but downgraded the 2 to
attempted rape. SC lowered the death sentences on consummated rape
to reclusion perpetua in view of RA 9346. With respect to the attempted
rapes, the SC also lowered those set by the CA in view of RA 9346.
@thejoannev JO VALLES
PRESCRIPTION ad majorem dei gloriam SPECIAL PENAL LAWS
The one where Citibank violated the SRC. Act No. 3326 is the law office if the judicial proceedings are not instituted within 2 months from
PRESCRIPTION applicable offenses under special laws which do not provide their own the commission or discovery, as the case may be. For violations of
prescriptive offenses under special laws which do not provide their own ordinances, the prescriptive period continues to run until the filing of
prescriptive periods. In this case Act No. 3326 was applied to determine the Information.
ACT NO. 3326
if the offense has already prescribed because the prescriptive period in
Prescriptive period for violations penalized by special acts and
the Securities Regulation Code pertained only to the enforcement of civil Proceedings that interrupt prescriptive period; municipal
municipal ordinances ordinances; the one with the clamped cars. The wheels of an illegally
liabilities, and not criminal actions. Citibank v Tanco Gabaldon.
parked car were clamped for violating a city ordinance. 16 days after, a
Special acts. Acts defining and penalizing violations of the law not complaint was filed before the Office of the City Prosecutor, but the
The one with Kokoy Romualdez; absence does not toll running of
included in the Penal Code. information was filed before the Court more than 2 months after. The
the period. Section 2 above did not provide the absence of the accused
from the Philippines as a ground for the tolling of the prescriptive SC held that the filing was beyond the 2-month prescriptive period
Section 1 provided under Act 3326 for violations of ordinances. Jadewell v Lidua
period. The obvious inference is that the legislature did not consider the
Violations penalized by special acts shall, unless otherwise provided in
absence of the accused from the Philippines as a hindrance thereto or
such acts, prescribe after:
intend to make it as such. Hence, the absence of Kokoy from the PH
1 year offenses punished only by a fine from 1986 to 2000 did not prevent the running of the prescriptive
or by imprisonment for not more
period. To rule otherwise would be tantamount to judicial legislation.
than one month, or both;
4 years punished by imprisonment for Romualdez v Marcelo
more than one month, but less • Carpio’s dissent. Apply RPC suppletorily: Absence from PH
than two years; archipelago will toll prescriptive period. The accused should
not have the sole discretion of preventing his own prosecution
8 years punished by imprisonment for by the simple expedient of escaping from the State's
two years or more, but less than jurisdiction.
six years;
12 years punished by imprisonment for The one with Kokoy Romualdez; file complaint in the appropriate
six years or more, except the body. PCGG conducted a preliminary investigation over the alleged
crime of treason, which shall violation of the Kokoy Romualdez of RA 3019. PCGG also filed the
prescribe after twenty years. complaint before Sandiganbayan. The offense does not fall under
PCGG and it was an unauthorized body to file the complaint before SB.
Violations penalized by municipal ordinances shall prescribe after two Hence, these proceedings did not toll the running of prescriptive period.
months. For the proceeding to interrupt the prescriptive period, it must be filed
or initiated by the offended party before the appropriate body or office.
Section 2 Romualdez v Marcelo
When period begins to run
Prescription shall begin to run: Proceedings that interrupt prescriptive period; special laws. The
1. From the day of the commission of the violation of the law principle in felonies violating the RPC that the filing of the complaint in
2. From the discovery thereof and the institution of judicial the Municipal Court even if it be merely for purposes of preliminary
proceeding for its investigation and punishment, if the day of examination or investigation interrupts the period of prescription of the
commission is unknown criminal responsibility, even if the court where the complaint or
information is filed cannot try the case on the merits, is applicable in
When interrupted. The prescription shall be interrupted when crimes punished by special laws. People v Pangilinan
proceedings are instituted against the guilty person and shall begin to
run again if the proceedings are dismissed for reasons not constituting Proceedings that interrupt prescriptive period; municipal
jeopardy. ordinances. The rule is different in municipal ordinances. A crime may
prescribe even if the complaint is filed seasonably with the prosecutor’s

64 @thejoannev JO VALLES
JUVENILE JUSTICE WELFARE ACT
JUVENILE JUSTICE AND WELFARE
ACT OF 2006
RA 9344, as amended by RA 10630
[Took effect May 20, 2006]
Section 1. Short Title and Scope.
This Act shall be known as the "Juvenile Justice and Welfare Act of
2006."It shall cover the different stages involving children at risk and
children in conflict with the law from prevention to rehabilitation and
reintegration.
Who implements the law? The Juvenile Justice and Welfare Council
(JJWC) under the administrative supervision of the DSWD oversees the
implementation of this act.
Section 3. Liberal Construction of this Act.
In case of doubt, the interpretation of any of the provisions of this Act,
including its implementing rules and regulations (IRRs), shall be
construed liberally in favor of the child in conflict with the law.
Section 4. Definition of terms.
1. Child in Conflict with the Law refers to a child who is alleged
as, accused of, or adjudged as, having committed an offense
under Philippine laws.
2. Court refers to a family court or, in places where there are no
family courts, any regional trial court.
3. Diversion refers to an alternative, child-appropriate process
of determining the responsibility and treatment of a child in
conflict with the law on the basis of his/her social, cultural,
economic, psychological or educational background without
resorting to formal court proceedings.
4. Diversion Program refers to the program that the child in
conflict with the law is required to undergo after he/she is
found responsible for an offense without resorting to formal
court proceedings.
5. Juvenile Justice and Welfare System refers to a system
dealing with children at risk and children in conflict with the
law, which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation,
re-integration and aftercare to ensure their normal growth and
development.
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6. Offense refers to any act or omission whether punishable
under special laws or the Revised Penal Code, as amended.
7. Status Offenses refers to offenses which discriminate only
against a child, while an adult does not suffer any penalty for
committing similar acts. These shall include curfew violations;
truancy, parental disobedience and the like.
8. Restorative Justice refers to a principle which requires a
process of resolving conflicts with the maximum involvement
of the victim, the offender and the community. It seeks to
obtain reparation for the victim; reconciliation of the offender,
the offended and the community; and reassurance to the
offender that he/she can be reintegrated into society. It also
enhances public safety by activating the offender, the victim
and the community in prevention strategies.
9. Bahay Pag-asa refers to a 24-hour child-caring institution
established, funded and managed by local government units
(LGUs) and licensed and/or accredited nongovernment
organizations (NGOs) providing short-term residential care
for children in conflict with the law who are above fifteen (15)
but below eighteen (18) years of age who are awaiting court
disposition of their cases or transfer to other agencies or
jurisdiction.
• Part of the features of a ‘Bahay Pag-asa’ is an
intensive juvenile intervention and support center.
This will cater to children in conflict with the law in
accordance with Sections 20, 20-A and 20-B hereof.
• A multi-disciplinary team composed of a social
worker, a psychologist/mental health professional, a
medical doctor, an educational/guidance counselor
and a Barangay Council for the Protection of
Children (BCPC) member shall operate the ‘Bahay
Pag-asa’. The team will work on the individualized
intervention plan with the child and the child’s family.
10. Youth Rehabilitation Center refers to a 24-hour residential
care facility managed by the Department of Social Welfare and
Development (DSWD), LGUs, licensed and/or accredited
NGOs monitored by the DSWD, which provides care,
treatment and rehabilitation services for children in conflict
with the law. Rehabilitation services are provided under the
guidance of a trained staff where residents are cared for under
a structured therapeutic environment with the end view of
reintegrating them into their families and communities as
socially functioning individuals. Physical mobility of residents
of said centers may be restricted pending court disposition of
the charges against them.
@thejoannev
SPECIAL PENAL LAWS
Section 68. Children Who Have Been Convicted and are Serving
Sentence
Persons who have been convicted and are serving sentence at the time
of the effectivity of this Act, and who were below the age of eighteen
(18) years at the time the commission of the offense for which they were
convicted and are serving sentence, shall likewise benefit from the
retroactive application of this Act. They shall be entitled to appropriate
dispositions provided under this Act and their sentences shall be
adjusted accordingly. They shall be immediately released if they are so
qualified under this Act or other applicable law.
Retroactive application; the one with the rape in Tacloban. The
provisions of RA 9344 may be applied to the accused although it took
effect during the pendency of appeal in the SC, because it is favorable
to him and Section 68 of the same expressly provides retroactive
application to persons convicted and serving sentence at the time of
effectivity but were below 18 at the time of commission. People v Arpon
• Same; the one where the body was hung up a tree.
Although the crime was committed before Republic Act No.
9344 took effect, the said law should be given retroactive effect
in favor of Raymund who was not shown to be a habitual
criminal. This is based on Article 22 of the RPC which
provides that penal laws shall have a retroactive effect although
at the time of the publication of such laws a final sentence has
been pronounced and the convict is serving the same. People v
Madali
Section 6. Minimum Age of Criminal Responsibility.
15 and under. A child fifteen (15) years of age or under at the time of
the commission of the offense shall be exempt from criminal liability.
However, the child shall be subjected to an intervention program
pursuant to Section 20 of this Act.
• 15 years old. A child is deemed to be fifteen (15) years of age
on the day of the fifteenth anniversary of his/her birthdate.
Above 15 and below 18. A child above fifteen (15) years but below
eighteen (18) years of age shall likewise be exempt from criminal liability
and be subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.
Exemption does not include civil liability. The exemption from
criminal liability herein established does not include exemption from
civil liability, which shall be enforced in accordance with existing laws.
Exemption from criminal liability. What is controlling with respect
to the exemption from criminal liability of the CICL, is NOT the CICL's
age at the time of the promulgation of judgment but the CICL's age at
JO VALLES
JUVENILE JUSTICE WELFARE ACT
the time of the commission of the offense. Hence, one who raped
another when he was merely 13 years old but was already 25 years old
when RA 9344 took effect is still covered by the said law and is exempt
from criminal liability. But he is not exempt from civil liability. Ortega v
People
• Same. Accused was 15 years old when the rape was
committed, but already 20 years old when he took the stand.
Nevertheless, the provisions of JJWA applies to him. Sierra v
People
• Same; deliberations of senate. Even after final conviction if,
in fact, the offender is able to prove that at the time of the
commission of the offense he is a minor under this law, he
should be given the benefit of the law. Ortega v People
Summary of the rule:
1. 15 and below. Exempt from criminal liability regardless if the
child acted with discernment or not.
2. Above 15 and below 18. Exempt from criminal liability only
if acted without discernment. Unless proven otherwise, a child
of such age is deemed to not have acted with discernment.
Discernment is that mental capacity of a minor to fully appreciate the
consequences of his unlawful act. Such capacity may be known and
should be determined by taking into consideration all the facts and
circumstances afforded by the records in each case.
• The one where the body was hung up a tree. Rodel acted
with discernment when he, together with his cohorts, warned
Jovencio not to reveal their hideous act to anyone; otherwise,
they would kill him. Rodel knew, therefore, that killing AAA
was a condemnable act and should be kept in secrecy. He fully
appreciated the consequences of his unlawful act. People v
Madali
• The one with the rape and hollow blocks. Neil [accused],
with methodical fashion, dragged the resisting victim behind
the pile of hollow blocks near the vacant house to insure that
passersby would not be able to discover his dastardly acts; he
hastily fled from the scene to escape arrest; he hid in his
grandmother's house to avoid arrest; his various academic
accolades. Taken together, these prove that he acted with
discernment. Llave v People
§ The one with the rape and tanduay bottle. It was ruled that
the accused, 17 years old, had the mental capacity to fully
understand the consequences of his unlawful action in
choosing an isolated and dark place to perpetrate the crime, to
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ad majorem dei gloriam
prevent detection and boxing AAA to weaken her defense.
People v Jacinto
Section 20. Children Below the Age of Criminal Responsibility.
15 and under; procedure.
1. Immediate release. If it has been determined that the child
taken into custody is fifteen (15) years old or below, the
authority which will have an initial contact with the child, in
consultation with the local social welfare and development
officer, has the duty to immediately release the child to the
custody of:
a. his/her parents or guardian, or
b. in the absence thereof, the child’s nearest relative.
2. Intervention program. The child shall be subjected to a
community-based intervention program supervised by the
local social welfare and development officer, unless the best
interest of the child requires the referral of the child to a youth
care facility or ‘Bahay Pag-asa’ managed by LGUs or licensed
and/or accredited NGOs monitored by the DSWD.
a. The local social welfare and development officer shall
determine the appropriate programs for the child
who has been released, in consultation with the child
and the person having custody over the child.
3. Release when parents or guardians not found or refuse to
take custody. If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take custody, the child
may be released to any of the following:
a. A duly registered nongovernmental or religious
organization;
b. A barangay official or a member of the Barangay
Council for the Protection of Children (BCPC);
c. A local social welfare and development officer; or,
when and where appropriate, the DSWD.
4. Dependent, abandoned, or neglected child. If the child has
been found by the local social welfare and development officer
to be dependent, abandoned, neglected or abused by his/her
parents and the best interest of the child requires that he/she
be placed in a youth care facility or ‘Bahay Pag-asa’:
a. the child’s parents or guardians shall execute a written
authorization for the voluntary commitment of the
child:
b. if the child has no parents or guardians or if they
refuse or fail to execute the written authorization for
voluntary commitment, the proper petition for
involuntary commitment shall be immediately filed
by the DSWD or the Local Social Welfare and
Development Office (LSWDO) pursuant to
Presidential Decree No. 603, as amended, otherwise
@thejoannev
SPECIAL PENAL LAWS
known as ‘The Child and Youth Welfare Code’ and
the Supreme Court rule on commitment of children:
c. the minimum age for children committed to a youth
care facility or ‘Bahay Pag-asa’ shall be twelve (12)
years old."
Section 20-A
Serious Crimes Committed by Children Who Are Exempt From
Criminal Responsibility.
Neglected child. A child who is above twelve (12) years of age up to
fifteen (15) years of age and who commits:
1. parricide,
2. murder,
3. infanticide,
4. kidnapping and serious illegal detention where the victim is
killed or raped,
5. robbery, with homicide or rape,
6. destructive arson, rape, or carnapping where the driver or
occupant is killed or raped or
7. offenses under Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by more than
twelve (12) years of imprisonment,
shall be deemed a neglected child under Presidential Decree No. 603, as
amended, and shall be mandatorily placed in a special facility within the
youth care faculty or ‘Bahay Pag-asa’ called the Intensive Juvenile
Intervention and Support Center (IJISC).
Section 7. Determination of Age.
Presumption of minority. The child in conflict with the law shall enjoy
the presumption of minority. He/She shall enjoy all the rights of a child
in conflict with the law until he/she is proven to be eighteen (18) years
old or older.
Determination of age. The age of a child may be determined from:
1. The child's birth certificate, baptismal certificate or any other
pertinent documents.
2. In the absence of these documents, age may be based on
information from the child himself/herself, testimonies of
other persons, the physical appearance of the child and other
relevant evidence.
Doubt. In case of doubt as to the age of the child, it shall be resolved
in his/her favor.
• Any person contesting the age of the child in conflict with the
law prior to the filing of the information in any appropriate
court may file a case in a summary proceeding for the
determination of age before the Family Court which shall
decide the case within twenty-four (24) hours from receipt of
the appropriate pleadings of all interested parties.
JO VALLES
JUVENILE JUSTICE WELFARE ACT
• If a case has been filed against the child in conflict with the law
and is pending in the appropriate court, the person shall file a
motion to determine the age of the child in the same court
where the case is pending.
• Pending hearing on the said motion, proceedings on the main
case shall be suspended.
In all proceedings, law enforcement officers, prosecutors, judges and
other government officials concerned shall exert all efforts at
determining the age of the child in conflict with the law.
Evidence to prove age of the child
Testimonial evidence can be accepted in proving age or minority of the
accused as long as the following conditions are met:
1. the absence of any other satisfactory evidence such as the birth
certificate, baptismal certificate, or similar documents that would
prove the date of birth of the accused;
2. the presence of testimony from accused and/or a relative on the
age and minority of the accused at the time of the complained
incident without any objection on the part of the prosecution; and
3. lack of any contrary evidence showing that the accused’s and/or his
relatives’ testimonies are untrue.
The extent of his civil liability depends on the crime he would have been
liable for had he not been found to be exempt from criminal liability.
Sierra v People
Burdern of proof. Refers to the duty of a party to present evidence on
the facts in issue in order to establish his or her claim or defense. In a
criminal case, the burden of proof to establish the guilt of the accused
falls upon the prosecution which has the duty to prove all the essential
ingredients of the crime. The prosecution completes its case as soon as
it has presented the evidence it believes is suffcient to prove the required
elements. At this point, the burden of evidence shifts to the defense to
disprove what the prosecution has shown by evidence, or to prove by
evidence the circumstances showing that the accused did not commit
the crime charged or cannot otherwise be held liable therefor.
• After prosecution rested its case, the burden of evidence has
now shifted to the defense which now claims, by an affirmative
defense, that the accused, even if guilty, should be exempt
from criminal liability because of his age when he committed
the crime. The defense, therefore, not the prosecution, has the
burden of showing by evidence that the petitioner was 15 years
old or less when he committed the rape charged. Sierra v People
• Rationale. minority and age are not elements of the crime of
rape; the prosecution therefore has no duty to prove these
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ad majorem dei gloriam
circumstances. To impose the burden of proof on the
prosecution would make minority and age integral elements of
the crime when clearly they are not. Sierra v People
ON AUTOMATIC SUSPENSION OF SENTENCE
§ R.A. No. 9344 does not distinguish between a minor who has
been convicted of a capital offense and another who has been
convicted of a lesser offense. Therefore, it should apply the
automatic suspension of sentence to a child in conflict with the
law who has been found guilty of a heinous crime. In this case,
the accused, 17 at the time of commission of the offense, was
convicted of rape. People v Jacinto
§ to give meaning to the legislative intent of the Act, the
promotion of the welfare of a child in conflict with the law
should extend even to one who has exceeded the age limit of
twenty-one (21) years, so long as he/she committed the crime
when he/she was still a child. The offender shall be entitled to
the right to restoration, rehabilitation and reintegration in
accordance with the Act in order that he/she is given the
chance to live a normal life and become a productive member
of the community. Hence, the accused, 17 when he committed
rape, but 25 at the time of promulgation of judgment against
him may be confined in an agricultural camp or training facility.
People v Jacinto
§ Accused was 15 years and 2 months old when he raped his
11year old niece. In so doing, he acted with discernment. RTC
and CA imposed the penalty of reclusion perpetua (instead of
death) in view of the privileged mitigating circumstance of
minority. At the time the case reached the SC, he was already
29 years old. Notwithstanding the provision in Section 40 of
RA 9344 that suspension of sentence extends only until the
CICL reaches 21, the SC still allowed him to serve his sentence
in an agricultural camp and other training facilities. The SC
cited the ruling in Jacinto. People v Deliola
Section 38. Automatic Suspension of Sentence.
Once the child who is under eighteen (18) years of age at the time of the
commission of the offense is found guilty of the offense charged, the
court shall determine and ascertain any civil liability which may have
resulted from the offense committed.
• However, instead of pronouncing the judgment of conviction,
the court shall place the child in conflict with the law under
suspended sentence, without need of application:
• The suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at the time
of the pronouncement of his/her guilt.
@thejoannev
SPECIAL PENAL LAWS
Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the appropriate
disposition measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.
Section. 39. Discharge of the Child in Conflict with the Law
Upon the recommendation of the social worker who has custody of the
child, the court shall dismiss the case against the child whose sentence
has been suspended and against whom disposition measures have been
issued, and shall order the final discharge of the child if it finds that the
objective of the disposition measures have been fulfilled.
• The discharge of the child in conflict with the law shall not
affect the civil liability resulting from the commission of the
offense, which shall be enforced in accordance with law.
Section 40. Return of the child in conflict with the law to court.
The child in conflict with the law shall be brought before the court for
execution of judgment:
1. If the court finds that the objective of the disposition measures
imposed upon the child in conflict with the law have not been
fulfilled, or
2. If the child in conflict with the law has willfully failed to comply
with the conditions of his/her disposition or rehabilitation
program
Child reaches 18. If said child in conflict with the law has reached
eighteen (18) years of age while under suspended sentence, the court
shall determine whether to:
1. Discharge the child in accordance with this act,
2. Order execution of sentence, or
3. Extend the suspended sentence for a certain specified period
or until the child reaches the maximum age of twenty-one (21)
years.
Section 41
Credit in service of sentence.
The child in conflict with the law shall be credited in the services of
his/her sentence with the full time spent in actual commitment and
detention under this act.
Section 42
Probation as an alternative to imprisonment.
The court may, after it shall have convicted and sentenced a child in
conflict with the law, and upon application at any time, place the child
on probation in lieu of service of his/her sentence taking into account
the best interest of the child.
JO VALLES
JUVENILE JUSTICE WELFARE ACT ad majorem dei gloriam SPECIAL PENAL LAWS
• For this purpose, section 4 of presidential decree no. 968,
otherwise known as the "probation law of 1976", is hereby
amended accordingly.

68 @thejoannev JO VALLES
OBSTRUCTION OF JUSTICE
OBSTRUCTION OF JUSTICE
PD 1829
Penalizing obstruction of apprehension and prosecution of criminal
offenders
January 16, 1981
Page 254 codal
Section 1
Acts punished
Any person who knowingly or willfully obstructs, impedes, frustrates or
delays:
1. the apprehension of suspects and
2. the investigation and prosecution of criminal cases
By committing any of the following acts:
1. Testify. Preventing witnesses from testifying in any criminal
proceeding or from reporting the commission of any offense
or the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats
2. Destroy evidence. Altering, destroying, suppressing or
concealing any paper, record, document, or object, with intent
to impair its verity, authenticity, legibility, availability, or
admissibility as evidence in any investigation of or official
proceedings in, criminal cases, or to be used in the
investigation of, or official proceedings in, criminal cases
3. Conceal criminal. Harboring or concealing, or facilitating the
escape of, any person he knows, or has reasonable ground to
believe or suspect, has committed any offense under existing
penal laws in order to prevent his arrest, prosecution and
conviction
4. Fictitious name. Publicly using a fictitious name for the
purpose of concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name and other
personal circumstances for the same purpose or purposes;
5. Delay. Delaying the prosecution of criminal cases by
obstructing the service of process or court orders or disturbing
proceedings in the fiscal's offices, in tanodbayan or in the
courts
6. False records. Making, presenting or using any record,
document, paper or object with knowledge of its falsity and
69
ad majorem dei gloriam SPECIAL PENAL LAW
with intent to affect the course or outcome of the investigation
7.
of, or official proceedings in, criminal cases;
Benefit. Soliciting, accepting, or agreeing to accept any benefit
in consideration of abstaining from, discontinuing, or
impeding the prosecution of a criminal offender
8. Prevent appearance. Threatening directly or indirectly
another with the infliction of any wrong upon his person,
honor or property or that of any immediate member or
members of his family in order to prevent such person from
appearing in the investigation of, or official proceedings in,
criminal cases, or imposing a condition, whether lawful or
unlawful, in order to prevent a person from appearing in the
investigation of or in official proceedings in, criminal cases
9. Mislead. Giving of false or fabricated information to mislead
or prevent the law enforcement agencies from apprehending
the offender or from protecting the life or property of the
victim; or fabricating information from the data gathered in
confidence by investigating authorities for purposes of
background information and not for publication and
publishing or disseminating the same to mislead the
investigator or the court.
Section 1 and 2
Penalty imposed
General rule: The penalty of prision correccional in its maximum period,
or a fine ranging from 1,000 to 6,000 pesos, or both.
Exception:
1. If any of the foregoing acts is committed by a public official or
employee, he shall, in addition to the penalties provided
thereunder, suffer perpetual disqualification from holding
public office.
2. If any of the acts mentioned herein is penalized by any other
law with a higher penalty, the higher penalty shall be imposed
@thejoannev JO VALLES
ANTI-SEXUAL HARASSMENT
ANTI-SEXUAL HARASSMENT ACT
OF 1995
RA 7877
Page 537 codal
Section 3
Work, education or training-related sexual harassment
Work, education or training-related sexual harassment is committed by
an:
1. Employer,
2. Employee,
3. Manager,
4. Supervisor,
5. Agent of the employer,
6. Teacher,
7. Instructor,
8. Professor,
9. Coach,
10. Trainor, or
11. Any other person who, having authority, influence or moral
ascendancy over another
In a work or training or education environment, demands, requests or
otherwise requires any sexual favor from the other
Acceptance not required. Sexual harassment is committed regardless
of whether the demand, request or requirement for submission is
accepted by the object of said act.
Sexual harassment in a work-related or employment environment.
This is committed when:
1. The sexual favor is made as a condition:
a. In the hiring or in the employment, re-employment
or continued employment of said individual, or
b. In granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or
2. The refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in any way would
discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;
3. The above acts would impair the employee's rights or
privileges under existing labor laws; or
ad majorem dei gloriam
4. The above acts would result in an intimidating, hostile, or
offensive environment for the employee
Sexual harassment in an education or training environment. This
is committed:
1. Against one who is under the care, custody or supervision of
the offender;
2. Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
3. When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships or
the payment of a stipend, allowance or other benefits,
privileges, or considerations; or
4. When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
Other persons liable. Any person who:
1. directs or induces another to commit any act of sexual
harassment as herein defined, or
2. who cooperates in the commission thereof by another without
which it would not have been committed,
shall also be held liable under this Act
Section 4
Duty of the employer or head of office in a work-related,
education or training environment
It shall be their duty to:
1. prevent or deter the commission of acts of sexual harassment,
and
2. provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment
Towards this end, the employer or head of office shall:
1. Promulgate appropriate rules and regulations in consultation
with and jointly approved by the employees or students or
trainees, through their duly designated representatives,
prescribing the procedure for the investigation of sexual
harassment cases and the administrative sanctions therefor.
a. Administrative sanctions shall not be a bar to
prosecution in the proper courts for unlawful acts of
sexual harassment.
SPECIAL PENAL LAW
b. The said rules and regulations issued pursuant to this
subsection (a) shall include, among others, guidelines
on proper decorum in the workplace and educational
or training institutions.
2. Create a committee on decorum and investigation of cases on
sexual harassment. The committee shall conduct meetings and
xxx the investigation of alleged cases constituting sexual
harassment.
a. Committee in a work-related environment. The
committee shall be composed of at least (1)
representative each from the management, the union,
if any, the employees from the supervisory rank, and
from the rank and file employees.
b. Committee in an education or training
institution. The committee shall be composed of at
least one (1) representative from the administration,
the trainors, teachers, instructors, professors or
coaches and students or trainees, as the case may be.
Section 5
Liability of the employer, head of office, education or training
institution
The employer or head of office, educational or training institution shall
be solidarily liable for damages arising from the acts of sexual
harassment committed in the employment, education or training
environment if:
1. the employer or head of office, educational or training
institution is informed of such acts by the offended party and
2. no immediate action is taken thereon
Section 6
Independent action for damages
Nothing in this Act shall preclude the victim of work, education or
training-related sexual harassment from instituting a separate and
independent action for damages and other affirmative relief
Prescription. Any action arising from the violation of the provisions of
this Act shall prescribe in three (3) years. Section 7, paragraph 2
Domingo v Rayala
Request need not be articulated; may be discerned. It is not
necessary that the demand, request or requirement of a sexual favor be
articulated in a categorical oral or written statement. It may be discerned,
with equal certitude, from the acts of the offender.

70 @thejoannev JO VALLES
ANTI-TRAFFICKING IN PERSONS ACT ad majorem dei gloriam SPECIAL PENAL LAWS
• The one with the horny professor. Holding and squeezing petitioner would not have been able to take undue liberalities
Domingo's shoulders, running his fingers across her neck and on the person of Juliet had it not been for his high position in
tickling her ear, having inappropriate conversations with her, the City Health Office of Cagayan de Oro City
giving her money allegedly for school expenses with a promise
of future privileges, and making statements with unmistakable
sexual overtones — all these acts of Rayala resound with
deafening clarity the unspoken request for a sexual favor.
Items enumerated in Section 3 are independent from each other.
It is also not essential that the demand, request or requirement be made
as a condition for continued employment or for promotion to a higher
position. It is enough that the acts result in creating an intimidating,
hostile or offensive environment for the employee.

Philippine Aeolus Automotive United Corp v NLRC

The one with the girl who threw a stapler because she was
harassed. It took the woman 4 years before exposing the acts of her
manager. The accused questions this.
• The gravamen of the offense in sexual harassment is not
the violation of the employee's sexuality but the abuse of
power by the employer. Any employee, male or female, may
rightfully cry "foul" provided the claim is well substantiated.
Strictly speaking, there is no time period within which he or
she is expected to complain through the proper channels. The
time to do so may vary depending upon the needs,
circumstances, and more importantly, the emotional threshold
of the employee.

Jacutin v People
Accused holds a high position in the City Health office of Cagayan de
Oro. He offered the victim a job in the family planning research
undertaking and convinced the latter that her physical examination
would be part of the research. He put his hands in her panties and
fondled her breasts. A case for sexual harassment was filed against him,
alleging that sexual favor was made as a condition for the victim’s
employment in the Family Program of the Office of the Accused. The
accused argued that the law cannot apply to him because only the City
Mayor had the power to appoint city personnel.
• He was nevertheless convicted Mayor had the exclusive
prerogative in appointing city personnel, it should stand to
reason, nevertheless, that a recommendation from petitioner
in the appointment of personnel in the municipal health office
could carry good weight. Indeed, petitioner himself would
appear to have conveyed, by his words and actions, an
impression that he could facilitate Juliet's employment. Indeed,

71 @thejoannev JO VALLES
MIGRANT WORKERS & OFW
MIGRANT WORKERS AND
OVERSEAS FILIPINOS ACT OF 1995
RA 8042, as amended by RA 10022
Section 3
Definitions
Migrant worker. This refers to a person who is to be engaged, is
engaged or has been engaged in a remunerated activity in a state of which
he or she is not a legal resident; to be used interchangeably with overseas
Filipino worker. Old definition
Overseas Filipino worker. This refers to a person who is to be
engaged, is engaged or has been engaged in a remunerated activity in a
state of which he or she is not a citizen or on board a vessel navigating
the foreign seas other than a government ship used for military or non-
commercial purposes or on an installation located offshore or on the
high seas; to be used interchangeably with migrant worker. As amended
Gender sensitivity. This shall mean cognizance of the inequalities and
inequities prevalent in society between women and men and a
commitment to address issues with concern for the respective interests
of the sexes.
Overseas Filipinos. This refers to dependents of migrant workers and
other Filipino nationals abroad who are in distress as mentioned in
Sections 24 and 26 of this Act.
Section 4
Deployment of Migrant Workers
The State shall deploy overseas Filipino workers only in countries where
the rights of Filipino migrant workers are protected. The government
recognizes any of the following as a guarantee on the part of the
receiving country for the protection and the rights of overseas Filipino
workers:
a. It has existing labor and social laws protecting the rights of
migrant workers;
b. It is a signatory to multilateral conventions, declarations or
resolutions relating to the protection of migrant workers;
c. It has concluded a bilateral agreement or arrangement with the
government protecting the rights of overseas Filipino workers;
and
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Provided That the receiving country is taking positive, concrete
measures to protect the rights of migrant workers in furtherance of any
of the guarantees under subparagraphs (a), (b) and (c) hereof.
Section 5
Termination or ban on deployment
Notwithstanding the provisions of Section 4 hereof, the government, in
pursuit of the national interest or when public welfare so requires, may,
at any time, terminate or impose a ban on the deployment of migrant
workers.
Section 6
Illegal recruitment definition
For purposes of this Act, illegal recruitment shall mean any act of:
1. canvassing,
2. enlisting,
3. contracting,
4. transporting,
5. utilizing,
6. hiring, or
7. procuring workers and
8. includes referring, contract services, promising or advertising
for employment abroad,
whether for profit or not, when undertaken by a non-licensee or non-
holder of authority contemplated under Article 13(f) of Presidential
Decree No. 442, as amended, otherwise known as the Labor Code of
the Philippines:
Provided, that any such non-licensee or non-holder who, in any manner,
offers or promises for a fee employment abroad to two or more persons
shall be deemed so engaged.
It shall likewise include the following acts, whether committed by any
person, whether a non-licensee, non-holder, licensee or holder of
authority:
a. To charge or accept directly or indirectly any amount greater
than that specified in the schedule of allowable fees prescribed
by the Secretary of Labor and Employment, or to make a
worker pay any amount greater than that actually received by
him as a loan or advance;
b. To furnish or publish any false notice or information or
document in relation to recruitment or employment;
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SPECIAL PENAL LAWS
c. To give any false notice, testimony, information or document
or commit any act of misrepresentation for the purpose of
securing a license or authority under the Labor Code;
d. To induce or attempt to induce a worker already employed to
quit his employment in order to offer him another unless the
transfer is designed to liberate a worker from oppressive terms
and conditions of employment;
e. To influence or attempt to influence any person or entity not
to employ any worker who has not applied for employment
through his agency;
f. To engage in the recruitment or placement of workers in jobs
harmful to public health or morality or to the dignity of the
Republic of the Philippines;
g. To obstruct or attempt to obstruct inspection by the Secretary
of Labor and Employment or by his duly authorized
representative;
h. To fail to submit reports on the status of employment,
placement vacancies, remittance of foreign exchange earnings,
separation from jobs, departures and such other matters or
information as may be required by the Secretary of Labor and
Employment
i. To substitute or alter to the prejudice of the worker,
employment contracts approved and veried by the Department
of Labor and Employment from the time of actual signing
thereof by the parties up to and including the period of the
expiration of the same without the approval of the Department
of Labor and Employment;
j. For an officer or agent of a recruitment or placement agency
to become an officer or member of the Board of any
corporation engaged in travel agency or to be engaged directly
or indirectly in the management of a travel agency;
k. To withhold or deny travel documents from applicant workers
before departure for monetary or financial considerations
other than those authorized under the Labor Code and its
implementing rules and regulations;
l. Failure to actually deploy without valid reason as determined
by the Department of Labor and Employment; and
m. Failure to reimburse expenses incurred by the worker in
connection with his documentation and processing for
purposes of deployment, in cases where the deployment does
not actually take place without the worker's fault.
a. Illegal recruitment when committed by a syndicate or
in large scale shall be considered an offense involving
economic sabotage.
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MIGRANT WORKERS & OFW
n. To allow a non-Filipino citizen to head or manage a licensed
recruitment/manning agency.
Syndicate. Illegal recruitment is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring or
confederating with one another.
Large scale. It is deemed committed in large scale if committed against
three (3) or more persons individually or as a group.
Persons liable. The persons criminally liable for the above offenses are
the:
1. principals,
2. accomplices and
3. accessories.
In case of juridical persons, the officers having control, management or
direction of their business shall be liable
In addition to the acts enumerated above, it shall also be unlawful for
any person or entity to commit the following prohibited acts:
1. Grant a loan to an overseas Filipino worker with interest
exceeding eight percent (8%) p.a., which will be used for
payment of legal and allowable placement fees and make the
migrant worker issue, either personally or through a guarantor
or accommodation party, postdated checks in relation to the
said loan;
2. Impose a compulsory and exclusive arrangement whereby an
overseas Filipino worker is required to avail of a loan only from
specifically designated institutions, entities or persons;
3. Refuse to condone or renegotiate a loan incurred by an
overseas Filipino worker after the latter's employment contract
has been prematurely terminated through no fault of his or her
own;
4. Impose a compulsory and exclusive arrangement whereby an
overseas Filipino worker is required to undergo health
examinations only from specifically designated medical clinics,
institutions, entities or persons, except in the case of a seafarer
whose medical examination cost is shouldered by the
principal/shipowner;
5. Impose a compulsory and exclusive arrangement whereby an
overseas Filipino worker is required to undergo training,
seminar, instruction or schooling of any kind only from
specifically designated institutions, entities or persons, except
for recommendatory trainings mandated by
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principals/shipowners where the latter shoulder the cost of
such trainings;
6. For a suspended recruitment/manning agency to engage in any
kind of recruitment activity including the processing of
pending workers' applications; and
7. For a recruitment/manning agency or a foreign
principal/employer to pass on to the overseas Filipino worker
or deduct from his or her salary the payment of the cost of
insurance fees, premium or other insurance related charges, as
provided under the compulsory worker's insurance coverage.
Section 8
Prohibition on officials and employees
It shall be unlawful for any official or employee of the
1. DOLE
2. POEA
3. OWWA
4. DFA
5. Or other government agencies involved in the implementation
of this Act,
or their relatives within the fourth civil degree of consanguinity or
affinity to engage, directly or indirectly, in the business of recruiting
migrant workers as defined in this Act.
Section 9
Venue
A criminal action arising from illegal recruitment as defined herein
shall be filed with the Regional Trial Court of the province or city
where:
1. the offense was committed or
2. where the offended party actually resides at the time of the
commission of the offense
The court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts.
• The aforestated provisions shall also apply to those criminal
actions that have already been filed in court at the time of the
effectivity of this Act
Section 10
Monetary claims
Jurisdiction of NLRC. Notwithstanding any provision of law to the
contrary, the Labor Arbiters of the National Labor Relations
Commission (NLRC) shall have the original and exclusive jurisdiction
to hear and decide, within ninety (90) calendar days after the filing of the
@thejoannev
SPECIAL PENAL LAWS
complaint, the claims arising out of an employer-employee relationship
or by virtue of any law or contract involving Filipino workers for
overseas deployment including claims for actual, moral, exemplary and
other forms of damages.
Solidary liability. The liability of the principal/employer and the
recruitment/placement agency for any and all claims under this section
shall be joint and several.
• Such liabilities shall continue during the entire period or
duration of the employment contract and shall not be affected
by any substitution, amendment or modification made locally
or in a foreign country of the said contract
Undue termination. In case of termination of overseas employment
without just, valid or authorized cause as defined by law or contract, the
worker shall be entitled to:
1. the full reimbursement of his placement fee
2. with interest at twelve percent (12%) per year
3. plus his salaries for the unexpired portion of his employment
contract or for three (3) months for every year of the unexpired
term, whichever is less. Declared unconstitutional per jurisprudence
for violating EPC.
Section 11
Mandatory periods for resolution of illegal recruitment cases
1. The preliminary investigations of cases under this Act shall be
terminated within a period of thirty (30) calendar days from the
date of their filing.
2. Where the preliminary investigation is conducted by a
prosecution officer and a prima facie case is established, the
corresponding information shall be filed in court within
twenty-four (24) hours from the termination of the
investigation.
3. If the preliminary investigation is conducted by a judge and a
prima facie case is found to exist, the corresponding
information shall be filed by the proper prosecution officer
within forty-eight (48) hours from the date of receipt of the
records of the case.
Section 12
Prescriptive periods
General rule: Illegal recruitment cases under this Act shall prescribe in
5 years
JO VALLES
MIGRANT WORKERS & OFW
Exception: Illegal recruitment cases involving economic sabotage as
defined herein shall prescribe in twenty (20) years.
Section 23
Role of government agencies
DFA The Department, through its home office or foreign
posts, shall take priority action or make representation
with the foreign authority concerned to protect the rights
of migrant workers and other overseas Filipinos and
extend immediate assistance including the repatriation of
distressed or beleaguered migrant workers and other
overseas Filipinos;
DOLE shall see to it that labor and social welfare laws in the
foreign countries are fairly applied to migrant workers
and whenever applicable, to other overseas Filipinos
including the grant of legal assistance and the referral to
proper medical centers or hospitals
POEA shall regulate private sector participation in the
recruitment and overseas placement of workers by setting
up a licensing and registration system
It shall also formulate and implement, in coordination
with appropriate entities concerned, when necessary, a
system for promoting and monitoring the overseas
employment of Filipino workers taking into
consideration their welfare and the domestic manpower
requirements.
OWWA The Welfare officer or in his absence, the coordinating
officer shall provide the Filipino migrant worker and his
family all the assistance they may need in the enforcement
of contractual obligations by agencies or entities and/or
by their principals. In the performance of this function,
he shall make representation and may call on the agencies
or entities concerned to conferences or conciliation
meetings for the purpose of settling the complaints or
problems brought to his attention.
Section 35
Exemption from travel tax and airport fee
All laws to the contrary notwithstanding, the migrant worker shall be
exempt from the payment of travel tax and airport fee upon proper
showing of proof of entitlement by the POEA.
People v Chua
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For purposes of deployment for overseas employment and without
having secured the required license from DOLE, accused herein
charged [5 victims, only 3 of whom testified] amounts in excess of that
specified in the schedule of allowable fees as prescribed by POEA.
Accused failed to deploy them and failed to reimburse the amount paid.
Accused interposed the defense that he was merely a temporary cashier
of the company that undertook recruitment activities even though its
license had already expired. She was convicted as a principal of large-
scale illegal recruitment. Conviction proper? Yes.
• Employee as principal. An employee of a company engaged
in illegal recruitment may be held liable as principal together
with his employer if it is shown that he, as in the case of
appellant, actively and consciously participated therein.
• Expired license covered. Any recruitment activities
undertaken by a non-licensee or non-holder of contracts, or an
agency with an expired license shall be deemed illegal.
• Elements of large-scale illegal recruitment. First, the
accused undertook a recruitment activity. Second, he did not
have the license or authority. Third, it was committed against
3 or more persons.
• Malum prohibitum. Assuming that the accused did not know
of the illegal nature of the activities, she is not freed from
liability because intent is immaterial in malum prohibitum
crimes.
Sameer v Cabiles
Cabiles was illegally dismissed. Among others, NLRC awarded her with
3 months’ worth of salaries in accordance with the provision in the
Migrant Workers and Overseas Filipinos Act of 1995, which provides
that an employee illegally dismissed shall be entitled to the full reimbursement
of his placement fee xxx plus his salaries for the unexpired portion of his employment
contract or for three (3) months for every year of the unexpired term, whichever is less.
Proper? No. The award of the 3-month equivalent of her salary should
be increased to the amount equivalent to the unexpired term of the
employment contract. Said clause is unconstitutional for violating the
equal protection clause and substantive due process.
• Further, the foreign employer and the local employment
agency are jointly and severally liable for money claims
including claims arising out of an employer-employee
relationship and/or damages. This section also provides that
the performance bond filed by the local agency shall be
answerable for such money claims or damages if they were
awarded to the employee.
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SPECIAL PENAL LAWS
• This provision is in line with the state's policy of affording
protection to labor and alleviating workers' plight. In overseas
employment, the filing of money claims against the foreign
employer is attended by practical and legal complications. The
distance of the foreign employer alone makes it difficult for an
overseas worker to reach it and make it liable for violations of
the Labor Code.
• This way, the overseas workers are assured that someone —
the foreign employer's local agent — may be made to answer
for violations that the foreign employer may have committed.
• This also shifts the burden of going after the foreign employer
from the overseas worker to the local employment agency.
However, it must be emphasized that the local agency that is
held to answer for the overseas worker's money claims is not
left without remedy. The law does not preclude it from going
after the foreign employer for reimbursement of whatever
payment it has made to the employee to answer for the money
claims against the foreign employer.
People v Lalli
The 3 accused were convicted of Trafficking in Persons and Illegal
Recruitment for conspiring and recruiting Lolita and 3 other girls and
trafficking them as prostitutes without a POEA license, resulting to a
crime committed by a syndicate. Conviction proper? Yes.
Syndicate. Occurs when the crime is committed by a group of 3 or
more persons conspiring or confederating with one another.
• Conspiracy. This happens when 2 or more persons come into
an agreement concerning the commission of a felony and
decide to commit it. It need not be based on direct evidence
but may be inferred from the parties’ conduct. In this case, the
victim would not have been able to leave for Malaysia without
the concerted efforts of the 3 accused.
Illegal recruitment. In its simplest terms, this is committed by
persons who, without authority from the government, give the
impression that they have the power to send workers abroad for
employment purposes. Even the mere act of referring someone for
placement abroad can be considered recruitment. Such act of
referral, in connivance with someone without the requisite authority
or POEA license, constitutes illegal recruitment.
o In this case, the accused tried to break the credibility
of the victim by saying that she was a GRO and had
4 children with different men. Even if these were
true, these cannot constitute exempting or mitigating
circumstances to relieve the accused from their
JO VALLES
MIGRANT WORKERS & OFW ad majorem dei gloriam SPECIAL PENAL LAWS
criminal liabilities. It does not change the fact that the
accused recruited Lolita to work in Malaysia without
the requisite POEA license, thus constituting the
crime of illegal recruitment.
o Worse, the accused deceived her by saying that her
work in Malaysia would be as restaurant entertainer,
when in fact, Lolita would be working as a prostitute,
thus constituting the crime of trafficking.
Trafficking in persons. This includes act of recruitment and not just
transportation of victims. As such, even if one of the accused did not
accompany the victim and 2 other accused to Malaysia, he can be liable
under this law.

75 @thejoannev JO VALLES
ANTI-PIRACY AN ANTI-HIGHWAY ROBBERY
ANTI-PIRACY AND ANTI
HIGHWAY ROBBERY LAW OF 1974
PD 532
Definition
Philippine Waters. It shall refer to all bodies of water, such as but not
limited to, seas, gulfs, bays around, between and connecting each of the
Islands of the Philippine Archipelago, irrespective of its depth, breadth,
length or dimension, and all other waters belonging to the Philippines
by historic or legal title, including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the Philippines has
sovereignty or jurisdiction.
Vessel. Any vessel or watercraft used for transport of passengers and
cargo from one place to another through Philippine Waters. It shall
include all kinds and types of vessels or boats used in fishing.
Philippine Highway. It shall refer to any road, street, passage, highway
and bridges or other parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or locomotives or trains for the
movement or circulation of persons or transportation of goods, articles,
or property or both.
Piracy. Any:
1. attack upon or seizure of any vessel, or
2. the taking away of the whole or part thereof or its cargo,
equipment, or the personal belongings of its complement or
passengers, irrespective of the value thereof,
by means of:
1. violence against or intimidation of persons or
2. force upon things,
committed by ANY PERSON, including a passenger or member of the
complement of said vessel, in Philippine waters, shall be considered as
piracy. The offenders shall be considered as pirates and punished as
hereinafter provided.
Highway Robbery/Brigandage. The:
1. seizure of any person for ransom, extortion or other unlawful
purposes, or
2. the taking away of the property of another by means of
violence against or intimidation of person or force upon things
of other unlawful means,
committed by any person on any Philippine Highway.
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Penalties. Any person who commits piracy or highway
robbery/brigandage as herein defined, shall, upon conviction by
competent court be punished by:
Piracy The penalty of reclusion temporal in its
medium and maximum periods shall be
imposed.
If physical injuries or other crimes are
committed as a result or on the occasion
thereof, the penalty of reclusion perpetua
shall be imposed.
If rape, murder or homicide is committed as
a result or on the occasion of piracy, or when
the offenders abandoned the victims without
means of saving themselves, or when the
seizure is accomplished by firing upon or
boarding a vessel, the mandatory penalty of
death shall be imposed.
Highway The penalty of reclusion temporal in its
Robbery/Brigandage minimum period shall be imposed.
If physical injuries or other crimes are
committed during or on the occasion of the
commission of robbery or brigandage, the
penalty of reclusion temporal in its medium
and maximum periods shall be imposed.
If kidnapping for ransom or extortion, or
murder or homicide, or rape is committed as
a result or on the occasion thereof, the
penalty of death shall be imposed.
Aiding pirates or highway robbers/brigands or abetting piracy or
highway robbery/brigandage. Any person who knowingly and in any
manner aids or protects pirates or highway robbers/brigands, such as:
1. giving them information about the movement of police or
other peace officers of the government, or
2. acquires or receives property taken by such pirates or brigands
or in any manner derives any benefit therefrom; or
3. any person who directly or indirectly abets the commission of
piracy or highway robbery or brigandage,
shall be considered as an accomplice of the principal offenders and be
punished in accordance with the Rules prescribed by the Revised Penal
Code.
@thejoannev
SPECIAL PENAL LAWS
It shall be presumed that any person who does any of the acts provided
in this Section has performed knowingly, unless the contrary is proven.
RPC, ARTICLE 122
As amended by RA 7659
Piracy in general and mutiny on the high seas. The penalty of
reclusion temporal reclusion perpetua shall be inflicted upon ANY
PERSON who, on the high seas or in Philippine waters, shall attack
or seize a vessel or, not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo of said vessel, its
equipment, or personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on the high seas or
in Philippine waters.
People v Catantan
Accused boarded the fishing boat of the Pilapil brothers and used force
to compel the latter to take them to some place. When they boarded,
they asked the brothers to "dapa" or lie down with face downwards, and
then struck one of the brother’s face with a revolver, hitting the lower
portion of his left eye, after which, Catantan told his victims at gun point
to take them to Daan Tabogon Saying that they had no intention to
deprive the brothers of their boat, they contend that their acts do not
constitute piracy but only grave coercion. Proper? No.
Boat was seized by violence and intimidation. This case falls
squarely within the purview of piracy. To sustain the defense and
convert this case of piracy into one of grave coercion would be to ignore
the fact that a fishing vessel cruising in Philippine waters was seized by
the accused by means of violence against or intimidation of persons as
described above.
People v Tulin
Article 122 of the RPC, before its amendment, provided that piracy
must be committed on the high seas by any person not a member of its
complement nor a passenger thereof.
RA 7659. Upon its amendment by RA No. 7659, the coverage of the
provision was widened to include offenses committed "in Philippine
waters."
PD 532. On the other hand, under Presidential Decree No. 532 (issued
in 1974), the coverage of the law on piracy embraces any person
including "a passenger or member of the complement of said vessel in
Philippine waters." There is no contradiction between the two laws. All
the presidential decree did was to widen the coverage of the law, in
JO VALLES
ANTI-PIRACY AN ANTI-HIGHWAY ROBBERY ad majorem dei gloriam SPECIAL PENAL LAWS
keeping with the intent to protect the citizenry as well as neighboring
states from crimes against the law of nations. Hence, passenger or not,
a member of the complement or not, any person is covered by the law.

PD 532 is an exception to the territoriality rule. Piracy is under Title

1 Book 2 of the RPC and is an exception to the rule on territoriality in
Criminal Law. Same principle applies to PD 532, which penalizes piracy
in PH waters.

People v Pascual
Pascual was committed of the crime highway robbery with homicide,
for having robbed and killed a taxi driver in a Philippine Highway.
Proper? No.
Proof to organize for committing robbery indiscriminately
essential. Highway robbery required proof that several accused were
organized for the purpose of committing it indiscriminately. The
objective of PD 532 is to deter and punish lawless elements who commit
acts of depredation upon persons and properties who of innocent and
defenseless inhabitants who travel from one place to another.

77 @thejoannev JO VALLES
ARSON
ARSON
PD 1613 as amended by PD 1744
March 7, 1979
Section 1. Arson. Any person:
• who burns or sets fire to the property of another shall be
punished by Prision Mayor.
• The same penalty shall be imposed when a person sets fire to
his own property under circumstances which expose to
danger the life or property of another.
Section 2. Destructive Arson.
Article 320 of the Revised Penal Code shall read as follows:
The penalty of reclusion perpetua to death shall be imposed upon any
person who shall burn:
1. Burning building. One (1) or more buildings or edifices,
consequent to one single act of burning, or as result of
simultaneous burnings, or committed on several or different
occasions;
2. For gathering. Any building of public or private ownership,
devoted to the use of the public in general, or where people
usually gather or congregated for a definite purpose such as but
not limited to official governmental function or business,
private transaction, commerce, trade, worship, meetings and
conferences, or merely incidental to a definite purpose such as
but not limited to hotels, motels, transient dwellings, public
conveyance or stops or terminals, regardless of whether the
offender had knowledge that there are persons in said building
or edifice at the time it is set on fire, and regardless also of
whether the building is actually inhabited or not.
3. Transport. Any train or locomotive, ship or vessel, airship or
airplane, devoted to transportation or convenience, or public
use, entertainment or leisure.
4. Public utilities. Any building, factory, warehouse installation
and any appurtenances thereto, which are devoted to the
service of public utilities.
5. Concealing crime. Any building, the burning of which is for
the purpose of concealing or destroying evidence of another
violation of law, or for the purpose of concealing bankruptcy
or defrauding creditors or to collect from insurance.
RP to death. Irrespective of the application of the above enumerated
qualifying circumstances, the penalty of relusion perpetua to death shall
likewise be imposed when the arson is perpetrated or committed by two
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ad majorem dei gloriam
(2) or more persons or by a group of persons, regardless of whether their
purpose is merely to burn or destroy the building or the edifice, or the
burning merely constitutes an overt act in the commission or another
violation of law.
RP to death. The penalty of reclusion perpetua to death shall also be
imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or
fireworks factory, ordinance storehouse, archives or general
museum of the government.
2. In an inhabited place, any storehouse or factory of inflammable
or explosive materials.
Death. If as a consequence of the commission of any of the acts
penalized under this Article, death or injury results, or any valuable
documents, equipment, machineries, apparatus, or other valuable
properties were burned or destroyed, the mandatory penalty of death
shall be imposed.
Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to
Reclusion Perpetua shall be imposed if the property burned is any of the
following:
1. Any building used as offices of the government or any of its
agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft,
platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field,
orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.
Section 4. Special Aggravating Circumstances in Arson. The penalty
in any case of arson shall be imposed in its maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the
owner or occupant of the property burned;
4. If committed by a syndicate.
a. When committed by a syndicate. The offense is
committed by a syndicate if it is planned or carried out by
a group of three (3) or more persons.
Section 5. Where Death Results from Arson. If by reason of or on the
occasion of the arson death results, the penalty of Reclusion Perpetua
to death shall be imposed.
Section 6. Prima Facie evidence of Arson. Any of the following
circumstances shall constitute prima facie evidence of arson:
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SPECIAL PENAL LAWS
1. Simultaneous. If the fire started simultaneously in more than
one part of the building or establishment.
2. Substantial amount of flammable materials. If substantial
amount of flammable substances or materials are stored within
the building not necessary in the business of the offender nor
for household use.
3. Flammable materials in the premises. If gasoline, kerosene,
petroleum or other flammable or combustible substances or
materials soaked therewith or containers thereof, or any
mechanical, electrical, chemical, or electronic contrivance
designed to start a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises of the burned
building or property.
4. Substantially insured. If the building or property is insured
for substantially more than its actual value at the time of the
issuance of the policy.
5. 2 or more fires during insurance period. If during the
lifetime of the corresponding fire insurance policy more than
two fires have occurred in the same or other premises owned
or under the control of the offender and/or insured.
6. Withdrawn. If shortly before the fire, a substantial portion of
the effects insured and stored in a building or property had
been withdrawn from the premises except in the ordinary
course of business.
7. Demand. If a demand for money or other valuable
consideration was made before the fire in exchange for the
desistance of the offender or for the safety of the person or
property of the victim.
Section 7. Conspiracy to commit Arson. Conspiracy to commit arson
shall be punished by Prision Mayor in its minimum period.
Section 8. Confiscation of Object of Arson. The building which is the
object of arson including the land on which it is situated shall be
confiscated and escheated to the State
• Exception. Unless the owner thereof can prove that he has
no participation in nor knowledge of such arson despite the
exercise of due diligence on his part.
People v Acosta
In prosecutions for arson, proof of the crime charged is complete where
the evidence establishes:
1. the corpus delicti, that is, a fire because of criminal agency; and
2. the identity of the defendants as the one responsible for the
crime.
Corpus delicti means the substance of the crime, it is the fact that a
crime has actually been committed.
JO VALLES
ARSON
• In arson, the corpus delicti rule is generally satisfied by proof of
the bare occurrence of the fire and of its having been
intentionally caused.
• Even the uncorroborated testimony of a single witness, if
credible, may be enough to prove the corpus delicti and to
warrant conviction.
Value of property not the measure of the offense. In the crime of
arson, the enormity of the offense is not measured by the value of the
property that may be destroyed but rather by the human lives exposed
to destruction. It is indeed a heinous crime that the law wisely seeks to
suppress with the most serious penalty because of its grave anti-social
character.
People v Soriano
The elements of arson under Sec. 3, par. 2, of PD 1613 are:
1. there is intentional burning; and
2. what is intentionally burned is an inhabited house or dwelling.
Destructive arson vs simple arson. The nature of Destructive Arson
is distinguished from Simple Arson by the degree of perversity or
viciousness of the criminal offender.
• Destructive Arson. The acts committed under Art. 320 of
The Revised Penal Code constituting Destructive Arson are
characterized as heinous crimes for being grievous, odious and
hateful offenses and which, by reason of their inherent or
manifest wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and
norms of decency and morality in a just, civilized and ordered
society.
• Simple arson. On the other hand, acts committed under PD
1613 constituting Simple Arson are crimes with a lesser degree
of perversity and viciousness that the law punishes with a lesser
penalty. However, acts falling under Simple Arson may
nevertheless be converted into Destructive Arson depending
on the qualifying circumstances present.
Buebos v People
Arson may be proved by circumstantial evidence. Direct evidence
of the commission of a crime is not the only basis on which a court
draws its finding of guilt. Established facts that form a chain of
circumstances can lead the mind intuitively or impel a conscious process
of reasoning towards a conviction. Resort to circumstantial evidence is
sanctioned by Rule 133, Section 5 of the Revised Rules on Evidence.
• Circumstantial evidence is defined as that evidence that
indirectly proves a fact in issue through an inference which the
fact-finder draws from the evidence established. Resort thereto
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is essential when the lack of direct testimony would result in the building, the resulting homicide may be absorbed by the crime of
setting a felon free. arson.
The following are the requisites for circumstantial evidence to be People v Macabando
sufficient for a conviction: Accused burned his own house, but the conflagration spread to other
1. There is more than one circumstance; neighboring houses, killing 5 members of one family. CA convicted him
2. The facts from which the inferences are derived have been
of destructive arson under Article 320. Proper? No. The crime is only
proven; and
3. The combination of all the circumstances results in a moral Simple Arson under PD 1613 Section 3(2), which covers intentional
burning of inhabited house or dwelling.
certainty that the accused, to the exclusion of all others, is the
one who has committed the crime. Thus, to justify a conviction Simple arson regardless of number of victims. That the act of the
based on circumstantial evidence, the combination of accused affected many families will not convert the crime to destructive
circumstances must be interwoven in such a way as to leave no arson, since the appellant’s act does not appear to be heinous or
reasonable doubt as to the guilt of the accused. represents a greater degree of perversity and viciousness when compared
Must be alleged in the information. To convict the accused of arson to those punished under Article 320 of the RPC.
under Section 3 (2), it must be alleged that what was intentionally burned
was an inhabited house or dwelling. Otherwise, the accused will be
convicted only of simple arson under Section 1 (1), even if the qualifying
or aggravating circumstances were not alleged, such as in this case.
People v Baluntong
Murder v arson. In determining the offense committed, observe the
following rules:
1. Objective to burn. If the main objective is the burning of the
building or edifice, but death results by reason or on the
occasion of arson, the crime is simply arson, and the resulting
homicide is absorbed;
2. Objective to kill. If, on the other hand, the main objective is
to kill objective a particular person who may be in a building
or edifice, when fire is resorted to as the means to accomplish
such goal the crime committed is murder only; lastly,
3. Fire used to cover up. If the objective is, likewise, to kill a
particular person, and in fact the offender has already done so,
but fire is resorted to as a means to cover up the killing, then
there are two separate and distinct crimes committed —
homicide/murder and arson.
People v Cedenio
Murder v Arson; no complex crime of arson with homicide. when
fire is used with the intent to kill a particular person who may be in a
house and that objective is attained by burning the house, the crime is
murder only. When the Penal Code declares that killing committed by
means of fire is murder, it intends that fire should be purposely adopted
as a means to that end. There can be no murder without a design to take
life. In other words, if the main object of the offender is to kill by means
of fire, the offense is murder. But if the main objective is the burning of
@thejoannev JO VALLES
FIREARMS AND AMMUNITIONS
FIREARMS AND AMMUNITIONS
PD 1866 as amended by RA 8294, RA 9516, and RA 10591
Section 1, as amended by RA 8294
Unlawful Manufacture, Sale, Acquisition, Disposition or
Possession of Firearms or Ammunition or Instruments Used or
Intended to be Used in the Manufacture of Firearms of
Ammunition.
Low powered firearm. The penalty of prision correccional in its
maximum period and a fine of not less than Fifteen thousand pesos
(P15,000) shall be imposed upon any person who shall unlawfully
manufacture, deal in, acquire, dispose, or possess any low powered
firearm, such as rimfire handgun, .380 or .32 and other firearm of similar
firepower, part of firearm, ammunition, or machinery, tool or
instrument used or intended to be used in the manufacture of any
firearm or ammunition: Provided, That no other crime was committed.
High powered firearm. The penalty of prision mayor in its minimum
period and a fine of Thirty thousand pesos (P30,000) shall be imposed
if the firearm is classified as high powered firearm which includes those
with bores bigger in diameter than .38 caliber and 9 millimeter such as
caliber .40, .41, .44, .45 and also lesser calibered firearms but considered
powerful such as caliber .357 and caliber .22 center-fire magnum and
other firearms with firing capability of full automatic and by burst of two
or three: Provided, however, That no other crime was committed by the
person arrested.
When aggravating; murder or homicide. If homicide or murder is
committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance.
If the violation of this Sec. is in furtherance of or incident to, or in
connection with the crime of rebellion or insurrection, sedition, or
attempted coup d'etat, such violation shall be absorbed as an element of
the crime of rebellion, or insurrection, sedition, or attempted coup
d'etat.
The same penalty shall be imposed upon the owner, president, manager,
director or other responsible officer of any public or private firm,
company, corporation or entity, who shall willfully or knowingly allow
any of the firearms owned by such firm, company, corporation or entity
to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs or willfully or knowingly allow
any of them to use unlicensed firearms or firearms without any legal
authority to be carried outside of their residence in the course of their
employment.
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Carrying of unlicensed firearm outside residence. The penalty of
arresto mayor shall be imposed upon any person who shall carry any
licensed firearm outside his residence without legal authority therefor.
Section 2. Presumption of Illegal Manufacture of Firearms or
Ammunition. The possession of any machinery, tool or instrument
used directly in the manufacture of firearms or ammunition, by any
person whose business or employment does not lawfully deal with the
manufacture of firearms or ammunition, shall be prima facie evidence
that such article is intended to be used in the unlawful/illegal
manufacture of firearms or ammunition.
Section 3, as amended by RA 8294, then RA 9516
Unlawful Manufacture, Sales, Acquisition, Disposition or
Possession of Explosives.
The penalty of prision mayor in its maximum period to reclusion
temporal and a fine of not less than The penalty of reclusion perpetua shall
be imposed upon any person who shall willfully and unlawfully
manufacture, assemble, deal in, acquire, dispose, import or possess any
explosive or incendiary device, with knowledge of its existence and its
explosive or incendiary character, where the explosive or incendiary
device is capable of producing destructive effect on contiguous objects
or causing injury or death to any person, including but not limited to,
hand grenade(s), rifle grenade(s), 'pillbox bomb', 'molotov cocktail
bomb', 'fire bomb', and other similar explosive and incendiary devices.
• Presumption of knowledge. That mere possession of any
explosive or incendiary device shall be prima facie evidence that
the person had knowledge of the existence and the explosive
or incendiary character of the device
• When not a violation. That a temporary, incidental, casual,
harmless, or transient possession or control of any explosive
or incendiary device, without the knowledge of its existence or
its explosive or incendiary character, shall not be a violation of
this Section.
• Sole purpose of surrender. That the temporary, incidental,
casual, harmless, or transient possession or control of any
explosive or incendiary device for the sole purpose of
surrendering it to the proper authorities shall not be a violation
of this Section.
• Animus possidendi. That in addition to the instances
provided in the two (2) immediately preceeding paragraphs, the
court may determine the absence of the intent to possess,
otherwise referred to as 'animus possidendi", in accordance with
the facts and circumstances of each case and the application of
other pertinent laws, among other things, Articles 11 and 12 of
the Revised Penal Code, as amended.
@thejoannev
SPECIAL PENAL LAW
Section 3-A.
Unlawful Manufacture, Sales, Acquisition, Disposition,
Importation or Possession of a Part, Ingredient, Machinery, Tool
or Instrument Used or Intended to be Used for the Manufacture,
Construction, Assembly, Delivery or Detonation.
The penalty of reclusion perpetua shall be imposed upon any person
who shall willfully and unlawfully manufacture, assemble, deal in,
acquire, dispose, import or possess any part, ingredient, machinery, tool
or instrument of any explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise, used or intended to be
used by that person for its manufacture, construction, assembly, delivery
or detonation, where the explosive or incendiary device is capable or is
intended to be made capable of producing destructive effect on
contiguous objects or causing injury or death to any person.
• Prima facie evidence. That the mere possession of any part,
ingredient, machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of
any explosive or incendiary device, by any person whose
business activity, or employment does not lawfully deal with
the possession of such article shall be prima facie evidence that
such article is intended to be used by that person in the
unlawful/illegal manufacture, construction, assembly, delivery
or detonation of an explosive or incendiary device
• When not a violation. That a temporary incidental, casual,
harmless or transient possession or control of any part,
machinery, tool or instrument directly used in the manufacture,
construction, assembly, delivery or detonation of any explosive
or incendiary device, without the knowledge of its existence or
character as part, ingredient, machinery, tool or instrument
directly used in the manufacture, construction, assembly,
delivery or detonation of any explosive or incendiary device,
shall not be a violation of this Section.
• Sole purpose of surrender. That the temporary, incidental,
casual, harmless, or transient possession or control of any part,
ingredient, machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of
any explosive or incendiary device for the sole purpose of
surrendering it to the proper authorities shall not be a violation
of this Section.
• Animus possidendi. That in addition to the instances
provided in the two (2) immediately preceeding paragraphs, the
court may determine the absence of the intent to possess,
otherwise referred to as 'animus possidendi', in accordance with
the facts and circumstances of each case and the application of
other pertinent laws, among other things, Articles 11 and 12 of
the Revised Penal Code, as amended.
JO VALLES
FIREARMS AND AMMUNITIONS
Section 3-B. Penalty for the Owner, President, Manager, Director or
Other Responsible Officer of Any Public or Private Firm,
Company, Corporation or Entity. The penalty of reclusion perpetua shall
be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation
or entity, who shall willfully or knowingly allow any explosive or
incendiary device or parts thereof owned or controlled by such firm,
company, corporation or entity to be used by any person or persons
found guilty of violating the provisions of the preceding paragraphs.
Section 3-C. Relationship of Other Crimes with a Violation of this
Decree and the Penalty Therefor. When a violation of Section 3, 3-A
or 3-B of this Decree is a necessary means for committing any of the
crimes defined in the Revised Penal Code or special laws, or is in
furtherance of, incident to, in connection with, by reason of, or on
occasion of any of the crimes defined in the Revised Penal Code or
special laws, the penalty of reclusion perpetua and a fine ranging from One
hundred Thousand pesos (P100,000.00) to One million pesos
(P1,000,000.00) shall be imposed.
Section 3-D. Former Conviction or Acquittal; Double Jeopardy.
Subject to the provisions of the Rules of Court on double jeopardy, if
the application thereof is more favorable to the accused, the conviction
or acquittal of the accused or the dismissal of the case for violation of
this Decree shall be a bar to another prosecution of the same accused
for any offense where the violation of this Decree was a necessary means
for committing the offense or in furtherance of which, incident to
which, in connection with which, by reason of which, or on occasion of
which, the violation of this Decree was committed, and vice versa.
Section 4. Presumption of Unlawful Manufacture. The possession of
any machinery, tool or instrument directly used in the manufacture of
explosives, by any person whose business or employment does not
lawfully deal with the manufacture of explosives shall be prima facie
evidence that such article is intended to be used in the unlawful/illegal
manufacture of explosives.
Additions by RA 9516
Section 4. Responsibility and liability of Law Enforcement Agencies
and Other Government Officials and Employees in Testifying as
Prosecution Witnesses. Any member of law enforcement agencies or
any other government official and employee who, after due notice, fails
or refuses, intentionally or negligently, to appear as a witness for the
prosecution of the defense in any proceeding, involving violations of
this Decree, without any valid reason, shall be punished with reclusion
temporal and a fine of Five hundred Thousand pesos (P500,000.00) in
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addition to the administrative liability he/she may be meted out by
his/her immediate superior and/or appropriate body.
• Immediate superior. The immediate superior of the member
of the law enforcement agency or any other government
employee mentioned in the preceding paragraph shall be
penalized with prision correccional and a fine of not less than
Ten Thousand pesos (P10,000.00) but not more than Fifty
thousand pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office if despite due
notice to them and to the witness concerned, the former does
not exert reasonable effort to present the latter to the court.
• The member of the law enforcement agency or any other
government employee mentioned in the preceding paragraphs
shall not be transferred or reassigned to any other government
office located in another territorial jurisdiction during the
pendency of the case in court. However, the concerned
member of the law enforcement agency or government
employee may be transferred or reassigned for compelling
reasons:
o Provided, That his/her immediate superior shall notify
the court where the case is pending of the order to
transfer or reassign, within twenty-four (24) hours
from its approval:
o Provided, further, That his/her immediate superior shall
be penalized with prision correccional and a fine of not
less than Ten thousand pesos (P10,000.00) but not
more than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from
public office, should he/she fail to notify the court of
such order to transfer or reassign
• Prosecution and punishment under this Section shall be
without prejudice to any liability for violation of any existing
law.
Section 4-A. Criminal Liability for Planting of Evidence. Any person
who is found guilty of 'planting' any explosive or incendiary device or
any part, ingredient, machinery, tool or instrument of any explosive or
incendiary device, whether chemical, mechanical, electronic, electrical or
otherwise, shall suffer the penalty of reclusion perpetua.
• Planting of evidence. Planting of evidence shall mean the
willful act by any person of maliciously and surreptitiously
inserting, placing, adding or attaching, directly or indirectly,
through any overt or covert act, whatever quantity of any
explosive or incendiary device or any part, ingredient,
machinery, tool or instrument of any explosive or incendiary
device, whether chemical, mechanical, electronic, electrical or
otherwise in the person, house, effects or in the immediate
@thejoannev
SPECIAL PENAL LAW
vicinity of an innocent individual for the purpose of
implicating incriminating or imputing the commission of any
violation of this Decree.
Section 4-B. Continuous Trial. In cases involving violations of this
Decree, the judge shall set the case for continuous trial on a daily basis
from Monday to Friday or other short-term trial calendar so as to ensure
speedy trial. Such case shall be terminated within ninety (90) days from
arraignment of the accused.
Section 4-C.Authority to Import, Sell or Possess Chemicals or
Accessories for Explosives. Only persons or entities issued a
manufacturer's license, dealer's license or purchaser's license by the
Philippine National Police (PNP)-Firearms and Explosives Division
may import any of the chemical or accessories that can be used in the
manufacture of explosives or explosive ingredients from foreign
suppliers, or possess or sell them to licensed dealers or end users, as the
case may be.
Section 4-D. Types of Chemicals/Accessories Covered. The
chemicals and accessories mentioned in the preceding Section shall
exclusively refer to chlorates, nitrates, nitric acid and such other
chemicals and accessories that can be used for the manufacture of
explosives and explosive ingredients.
Section 4-E. Record of Transactions. Any person or entity who intends
to import, sell or possess the aforecited chemicals or accessories shall
file an application with the chief of the PNP, stating therein the purpose
for which the license and/or permit is sought and such other
information as may be required by the said official. The concerned
person or entity shall maintain a permanent record of all transactions
entered into in relation with the aforecited chemicals or accessories,
which documents shall be open to inspection by the appropriate
authorities.
Section 4-F. Cancellation of License. Failure to comply with the
provision of Section 4-C, 4-D and 4-E shall be sufficient cause for the
cancellation of the license and the confiscation of all such chemicals or
accessories, whether or not lawfully imported, purchased or possessed
by the subject person or entity.
Section 5. Tampering of Firearm's Serial Number. The penalty of
prision correccional shall be imposed upon any person who shall
unlawfully tamper, change, deface or erase the serial number of any
firearm. as amended by RA 8294
JO VALLES
FIREARMS AND AMMUNITIONS
Section 6. Repacking or Altering the Composition of Lawfully
Manufactured Explosives. The penalty of prision correccional shall
be imposed upon any person who shall unlawfully repack, alter or
modify the composition of any lawfully manufactured explosives. as
amended by RA 8294
Section 7. Unauthorized Issuance of Authority to Carry Firearm
and/or Ammunition Outside of Residence. The penalty of prision
correccional shall be imposed upon any person, civilian or military, who
shall issue authority to carry firearm and/or ammunition outside of
residence, without authority therefor.
Section 8. Rules and Regulations. The Chief of the Philippine
Constabulary shall promulgate the rules and regulations for the effective
implementation of this Decree.
RA 8294, Section 5. Coverage of the term unlicensed firearm. The
term shall include:
1. Firearms with expired license ; or
2. Unauthorized use of the licensed firearm in the commission of
the crime
People v Ladjaalam
No separate offense. If an unlicensed firearm is used in the
commission of any crime, there can be no separate offense of simple
illegal possession of firearms. Hence, if the "other crime" is murder or
homicide, illegal possession of firearms becomes merely an aggravating
circumstance, not a separate offense. Since direct assault with multiple
attempted homicide was committed in this case, appellant can no longer
be held liable for illegal possession of firearms.
Effect; rationale not subject to judicial review. The Court is aware
that this ruling effectively exonerates appellant of illegal possession of
an M-14 rifle, an offense which normally carries a penalty heavier than
that for direct assault. While the penalty for the first is prision mayor,
for the second it is only prision correccional. Indeed, the accused may
evade conviction for illegal possession of firearms by using such
weapons in committing an even lighter offense, like alarm and scandal
or slight physical injuries, both of which are punishable by arresto
menor. This consequence, however, necessarily arises from the language
of RA 8294, whose wisdom is not subject to the Court's review.
Query: Must the unlicensed firearm should be actually used and
discharged in the course of committing the other crime in order that Sec.
1, Rep. Act No. 8294 will apply so that no separate crime of illegal
possession of firearms may be charged? No.
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• In People v Almeda, the accused was charged of illegal possession
of firearms and illegal possession of dangerous drugs.
Although he was acquitted of the former charge on the ground
of insufficiency of evidence, the SC said there that there can be
no separate offense of illegal possession of firearms and
ammunition if there is another crime committed such as, in this
case, that of illegal possession of dangerous drugs. In Almeida,
it should be noted that the unlicensed firearm was merely
found lying around, together with the prohibited drugs, and
therefore, was not being "used" in the commission of an
offense.
• In Matol v Florenzo, the accused was convicted both of illegal
possession of firearms and a violation of COMELEC
Resolution pertaining to gun ban. The SC set aside the
conviction of illegal possession in view of Section of RA 8294,
notwithstanding the fact that the illegal firearm was not used
in the violation of the COMELEC Ordinance.
COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION REGULATION ACT
Republic Act No. 10591
ARTICLE I
Accessories refer to parts of a firearm which may enhance or increase
the operational efficiency or accuracy of a firearm but will not
constitute any of the major or minor internal parts thereof such as,
but not limited to, laser scope, telescopic sight and sound suppressor or
silencer.
Ammunition refers to a complete unfixed unit consisting of a:
• bullet,
• gunpowder,
• cartridge case and
• primer or loaded shell for use in any firearm.
Antique firearm refers to any:
1. firearm which was manufactured at least seventy-five (75)
years prior to the current date but not including replicas;
2. firearm which is certified by the National Museum of the
Philippines to be curio or relic of museum interest; and
3. any other firearm which derives a substantial part of its
monetary value from the fact that it is novel, rare, bizarre or
because of its association with some historical figure, period or
event.
@thejoannev
SPECIAL PENAL LAW
Arms smuggling refers to the import, export, acquisition, sale,
delivery, movement or transfer of firearms, their parts and components
and ammunition, from or across the territory of one country to that of
another country which has not been authorized in accordance with
domestic law in either or both country/countries.
Authority to import refers to a document issued by the Chief of the
Philippine National Police (PNP) authorizing the importation of
firearms, or their parts, ammunition and other components.
Authorized dealer refers to any person, legal entity, corporation,
partnership or business entity duly licensed by the Firearms and
Explosive Office (FEO) of the PNP to engage in the business of buying
and selling ammunition, firearms or part thereof, at wholesale or retail
basis.
Authorized importer refers to any person, legal entity, corporation,
partnership or business duly licensed by the FEO of the PNP to engage
in the business of importing ammunition and firearms, or parts thereof
into the territory of the Republic of the Philippines for purposes of sale
or distribution under the provisions of this Act.
Authorized manufacturer refers to any person, legal entity,
corporation, or partnership duly licensed by the FEO of the PNP to
engage in the business of manufacturing firearms, and ammunition or
parts thereof for purposes of sale or distribution.
Confiscated firearm refers to a firearm that is taken into custody by
the PNP, National Bureau of Investigation (NBI), Philippine Drug
Enforcement Agency (PDEA), and all other law enforcement agencies
by reason of their mandate and must be necessarily reported or turned
over to the PEO of the PNP.
Demilitarized firearm refers to a firearm deliberately made incapable
of performing its main purpose of firing a projectile.
Duty detail order refers to a document issued by the juridical entity or
employer wherein the details of the disposition of firearm is spelled-out,
thus indicating the name of the employee, the firearm information, the
specific duration and location of posting or assignment and the
authorized bonded firearm custodian for the juridical entity to whom
such firearm is turned over after the lapse of the order.
Firearm refers to any handheld or portable weapon, whether a small
arm or light weapon, that expels or is designed to expel a bullet, shot,
JO VALLES
FIREARMS AND AMMUNITIONS
slug, missile or any projectile, which is discharged by means of expansive
force of gases from burning gunpowder or other form of combustion
or any similar instrument or implement. For purposes of this Act, the
barrel, frame or receiver is considered a firearm.
Gun club refers to an organization duly registered with and accredited
in good standing by the FEO of the PNP which is established for the
purpose of propagating responsible and safe gun ownership, proper
appreciation and use of firearms by its members, for the purpose of
sports and shooting competition, self-defense and collection purposes.
Gunsmith refers to any person, legal entity, corporation, partnership or
business duly licensed by the FEO of the PNP to engage in the business
of repairing firearms and other weapons or constructing or assembling
firearms and weapons from finished or manufactured parts thereof on a
per order basis and not in commercial quantities or of making minor
parts for the purpose of repairing or assembling said firearms or
weapons.
Imitation firearm refers to a replica of a firearm, or other device that
is so substantially similar in coloration and overall appearance to an
existing firearm as to lead a reasonable person to believe that such
imitation firearm is a real firearm.
Licensed citizen refers to any Filipino who complies with the
qualifications set forth in this Act and duly issued with a license to
possess or to carry firearms outside of the residence in accordance with
this Act.
Licensed, juridical entity refers to corporations, organizations,
businesses including security agencies and local government units
(LGUs) which are licensed to own and possess firearms in accordance
with this Act.
Light weapons are:
1. Class-A Light weapons which refer to self-loading pistols,
rifles and carbines, submachine guns, assault rifles and light
machine guns not exceeding caliber 7.62MM which have fully
automatic mode; and
2. Class-B Light weapons which refer to weapons designed for
use by two (2) or more persons serving as a crew, or rifles and
machine guns exceeding caliber 7.62MM such as heavy
machine guns, handheld under barrel and mounted grenade
launchers, portable anti-aircraft guns, portable anti-tank guns,
recoilless rifles, portable launchers of anti-tank missile and
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rocket systems, portable launchers of anti-aircraft missile
systems, and mortars of a caliber of less than 100MM.
Long certificate of registration refers to licenses issued to
government agencies or offices or government-owned or -controlled
corporations for firearms to be used by their officials and employees
who are qualified to possess firearms as provided in this Act, excluding
security guards.
Short certificate of registration refers to a certificate issued by the
FEO of the PNP for a government official or employee who was issued
by his/her employer department, agency or government-owned or -
controlled corporation a firearm covered by the long certificate of
registration.
Loose firearm refers to an unregistered firearm, an obliterated or
altered firearm, firearm which has been lost or stolen, illegally
manufactured firearms, registered firearms in the possession of an
individual other than the licensee and those with revoked licenses in
accordance with the rules and regulations.
Major part or components of a firearm refers to the barrel, slide,
frame, receiver, cylinder or the bolt assembly. The term also includes
any part or kit designed and intended for use in converting a semi-
automatic burst to a full automatic firearm.
Minor parts of a firearm refers to the parts of the firearm other than
the major parts which are necessary to effect and complete the action of
expelling a projectile by way of combustion, except those classified as
accessories.
Permit to carry firearm outside of residence refers to a written
authority issued to a licensed citizen by the Chief of the PNP which
entitles such person to carry his/her registered or lawfully issued firearm
outside of the residence for the duration and purpose specified in the
authority.
Permit to transport firearm refers to a written authority issued to a
licensed citizen or entity by the Chief of the PNP or by a PNP Regional
Director which entitles such person or entity to transport a particular
firearm from and to a specific location within the duration and purpose
in the authority.
@thejoannev
SPECIAL PENAL LAW
Small arms refer to firearms intended to be or primarily designed for
individual use or that which is generally considered to mean a weapon
intended to be fired from the hand or shoulder, which are not capable
of fully automatic bursts of discharge, such as:
1. Handgun which is a firearm intended to be fired from the
hand, which includes:
a. A pistol which is a hand-operated firearm having a
chamber integral with or permanently aligned with
the bore which may be self-loading; and
b. Revolver which is a hand-operated firearm with a
revolving cylinder containing chambers for individual
cartridges.
2. Rifle which is a shoulder firearm or designed to be fired from
the shoulder that can discharge a bullet through a rifled barrel
by different actions of loading, which may be classified as lever,
bolt, or self-loading; and
3. Shotgun which is a weapon designed, made and intended to
fire a number of ball shots or a single projectile through a
smooth bore by the action or energy from burning gunpowder.
Tampered, obliterated, or altered firearm refers to any firearm
whose serial number or other identification or ballistics characteristics
have been intentionally tampered with, obliterated or altered without
authority or in order to conceal its source, identity or ownership.
Thermal weapon sight refers to a battery operated, uncooled thermal
imaging device which amplifies available thermal signatures so that the
viewed scene becomes clear to the operator which is used to locate and
engage targets during daylight and from low light to total darkness and
operates in adverse conditions such as light rain, light snow, and dry
smoke or in conjunction with other optical and red dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. Standards and Requisites for Issuance of and Obtaining
a License to Own and Possess Firearms. In order to qualify and
acquire a license to own and possess a firearm or firearms and
ammunition, the applicant must be:
1. a Filipino citizen,
2. at least twenty-one (21) years old and
3. has gainful work, occupation or business or has filed an
Income Tax Return (ITR) for the preceding year as proof of
income, profession, business or occupation.
4. In addition, the applicant shall submit the following
certification issued by appropriate authorities attesting the
following:
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a. The applicant has not been convicted of any crime
involving moral turpitude:
b. The applicant has passed the psychiatric test
administered by a PNP-accredited psychologist or
psychiatrist;
c. The applicant has passed the drug test conducted by
an accredited and authorized drug testing laboratory
or clinic;
d. The applicant has passed a gun safety seminar
which is administered by the PNP or a registered and
authorized gun club;
e. The applicant has filed in writing the application to
possess a registered firearm which shall state the
personal circumstances of the applicant;
f. The applicant must present a police clearance from
the city or municipality police office; and
g. The applicant has not been convicted or is currently
an accused in a pending criminal case before any
court of law for a crime that is punishable with a
penalty of more than two (2) years.
Acquittal or dismissal of a case. For purposes of this Act, an acquittal
or permanent dismissal of a criminal case before the courts of law shall
qualify the accused thereof to qualify and acquire a license.
Fees. The applicant shall pay the reasonable licensing fees as may be
provided in the implementing rules and regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity
shall submit his/her duty detail order to the FEO of the PNP.
Section 5. Ownership of Firearms and Ammunition by a Juridical
Entity. A juridical person maintaining its own security force may be
issued a regular license to own and possess firearms and ammunition
under the following conditions:
1. It must be Filipino-owned and duly registered with the
Securities and Exchange Commission (SEC);
2. It is current, operational and a continuing concern;
3. It has completed and submitted all its reportorial requirements
to the SEC; and
4. It has paid all its income taxes for the year, as duly certified by
the Bureau of Internal Revenue.
The application shall be made in the name of the juridical person
represented by its President or any of its officers mentioned below as
duly authorized in a board resolution to that effect:
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• Provided, That the officer applying for the juridical entity, shall
possess all the qualifications required of a citizen applying for
a license to possess firearms.
• Other corporate officers eligible to represent the juridical
person are: the vice president, treasurer, and board secretary.
Security agencies and LGUs shall be included in this category of licensed
holders but shall be subject to additional requirements as may be
required by the Chief of the PNP.
Section 6. Ownership of Firearms by the National Government. All
firearms owned by the National Government shall be registered with the
FEO of the PNP in the name of the Republic of the Philippines.
• Such registration shall be exempt from all duties and taxes that
may otherwise be levied on other authorized owners of
firearms.
• For reason of national security, firearms of the Armed Forces
of the Philippines (AFP), Coast Guard and other law
enforcement agencies shall only be reported to the FEO of the
PNP.
Section 7. Carrying of Firearms Outside of Residence or Place of
Business. A permit to carry firearms outside of residence shall be issued
by the Chief of the PNP or his/her duly authorized representative to
any qualified person whose life is under actual threat or his/her life is in
imminent danger due to the nature of his/her profession, occupation or
business.
• It shall be the burden of the applicant to prove that his/her life
is under actual threat by submitting a threat assessment
certificate from the PNP.
For purposes of this Act, the following professionals are considered to
be in imminent danger due to the nature of their profession, occupation
or business:
a. Members of the Philippine Bar;
b. Certified Public Accountants;
c. Accredited Media Practitioners;
d. Cashiers, Bank Tellers;
e. Priests, Ministers, Rabbi, Imams;
f. Physicians and Nurses;
g. Engineers; and
h. Businessmen, who by the nature of their business or
undertaking, are exposed to high risk of being targets of
criminal elements.
@thejoannev
SPECIAL PENAL LAW
ARTICLE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License. The Chief of the PNP, through
the FEO of the PNP, shall issue licenses to qualified individuals and to
cause the registration of firearms.
Section 9. Licenses Issued to Individuals. Subject to the requirements
set forth in this Act and payment of required fees to be determined by
the Chief of the PNP, a qualified individual may be issued the
appropriate license under the following categories;
a. Type 1 license – allows a citizen to own and possess a
maximum of two (2) registered firearms;
b. Type 2 license – allows a citizen to own and possess a
maximum of five (5) registered firearms;
c. Type 3 license – allows a citizen to own and possess a
maximum of ten (10) registered firearms;
d. Type 4 license – allows a citizen to own and possess a
maximum of fifteen (15) registered firearms; and
e. Type 5 license – allows a citizen, who is a certified gun
collector, to own and possess more than fifteen (15) registered
firearms.
Safekeeping. For Types 1 to 5 licenses, a vault or a container secured
by lock and key or other security measures for the safekeeping of
firearms shall be required.
Inspection and bond. For Types 3 to 5 licenses, the citizen must
comply with the inspection and bond requirements.
Section 10. Firearms That May Be Registered. Only small arms may
be registered by licensed citizens or licensed juridical entities for ownership,
possession and concealed carry.
• A light weapon shall be lawfully acquired or possessed
exclusively by the AFP, the PNP and other law enforcement agencies
authorized by the President in the performance of their duties:
• Provided, That private individuals who already have licenses to
possess Class-A light weapons upon the effectivity of this Act
shall not be deprived of the privilege to continue possessing
the same and renewing the licenses therefor, for the sole reason
that these firearms are Class “A” light weapons, and shall be
required to comply with other applicable provisions of this
Act.
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Section 11. Registration of Firearms. The licensed citizen or licensed
juridical entity shall register his/her/its firearms so purchased with the
FEO of the PNP in accordance with the type of license such licensed
citizen or licensed juridical entity possesses. A certificate of registration
of the firearm shall be issued upon payment of reasonable fees.
• For purposes of this Act, registration refers to the application,
approval, record-keeping and monitoring of firearms with the
FEO of the PNP in accordance with the type of license issued
to any person under Section 9 of this Act.
Section 12. License to Possess Ammunition Necessarily
Included. The licenses granted to qualified citizens or juridical entities
as provided in Section 9 of this Act shall include the license to possess
ammunition with a maximum of fifty (50) rounds for each registered
firearm:
• Provided; That the FEO of the PNP may allow more
ammunition to be possessed by licensed sports shooters.
Section 13. Issuance of License to Manufacture or Deal In Firearms
and Ammunition. Any person desiring to manufacture or deal in
firearms, parts of firearms or ammunition thereof, or instruments and
implements used or intended to be used in the manufacture of firearms,
parts of firearms or ammunition, shall make an application to:
a. The Secretary of the Department of the Interior and Local
Government (DILG) in the case of an application for a license
to manufacture; and
b. The Chief of the PNP in the case of a license to deal in firearms
and firearms parts, ammunition and gun repair.
The applicant shall state the:
1. amount of capitalization for manufacture or cost of the
purchase and sale of said articles intended to be transacted by
such applicant; and
2. the types of firms, ammunition or implements which the
applicant intends to manufacture or purchase and sell under
the license applied for; and
3. such additional information as may be especially requested by
the Secretary of the DILG or the Chief of the PNP.
Approve or disapprove. The Secretary of the DILG or the Chief of the
PNP may approve or disapprove such application based on the
prescribed guidelines.
• Approval. In the case of approval, the Secretary of the DILG
or the Chief of the PNP shall indicate the amount of the bond
to be executed by the applicant before the issuance of the
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license and the period of time by which said license shall be
effective, unless sooner revoked by their authority.
FEO issues licenses. Upon approval of the license to manufacture or
otherwise deal in firearms by the Secretary of the DILG or the Chief of
the PNP as the case may be, the same shall be transmitted to the FEO
of the PNP which shall issue the license in accordance with the approved
terms and conditions, upon the execution and delivery by the applicant
of the required bond conditioned upon the faithful compliance on the
part of the licensee to the laws and regulations relative to the business
licensed.
Section 14. Scope of License to Manufacture Firearms and
Ammunition. The scope of the License to Manufacture firearms and
ammunition shall also include the following:
a. The authority to manufacture and assemble firearms,
ammunition, spare parts and accessories, ammunition
components, and reloading of ammunitions, within sites, areas,
and factories stated therein. The Secretary of the DILG shall
approve such license;
b. The license to deal in or sell all the items covered by the
License to Manufacture, such as parts, firearms or ammunition
and components;
c. The authority to subcontract the manufacturing of parts
and accessories necessary for the firearms which the
manufacturer is licensed to manufacture:
o Provided, That the subcontractor of major parts or
major components is also licensed to manufacture
firearms and ammunition; and
d. The authority to import machinery, equipment, and firearm
parts and ammunition components for the manufacture
thereof.
o Firearm parts and ammunition components to be
imported shall, however, be limited to those
authorized to be manufactured as reflected in the
approved License to Manufacture. The Import
Permit shall be under the administration of the PNP.
A licensed manufacturer of ammunition is also entitled to import
various reference firearms needed to test the ammunition manufactured
under the License to Manufacture. A licensed manufacturer of firearms,
on the other hand, is entitled to import various firearms for reference,
test and evaluation for manufacture of similar, types of firearms covered
by the License to Manufacture.
@thejoannev
SPECIAL PENAL LAW
Export permit not included. An export permit shall, however, be
necessary to export manufactured parts or finished products of firearms
and ammunition. The Export Permit of firearms and ammunition shall
be under the administration of the PNP.
Section 15. Registration of Locally Manufactured and Imported
Firearms. Local manufacturers and importers of firearms and major
parts thereof shall register the same as follows:
1. For locally manufactured firearms and major parts thereof, the
initial registration shall be done at the manufacturing
facility:
o Provided, That firearms intended for export shall no
longer be subjected to ballistic identification
procedures; and
2. For imported firearms and major parts thereof, the registration
shall be done upon arrival at the FEO of the PNP storage
facility.
Section 16. License and Scope of License to Deal. The License to Deal
authorizes the purchase, sale and general business in handling firearms
and ammunition, major and minor parts of firearms, accessories, spare
parts, components, and reloading machines, which shall be issued by the
Chief of the PNP.
Section 17. License and Scope of License for Gunsmiths. The license
for gunsmiths shall allow the grantee to repair registered firearms.
• The license shall include customization of firearms from
finished or manufactured parts thereof on per order basis and
not in commercial quantities and making the minor parts
thereof, i.e. pins, triggers, trigger bows, sights and the like only
for the purpose of repairing the registered firearm.
• The license for gunsmiths shall be issued by the Chief of the
PNP.
Section 18. Firearms for Use in Sports and Competitions. A qualified
individual shall apply for a permit to transport his/her registered
firearm/s from his/her residence to the firing range/s and competition
sites as may be warranted.
Section 19. Renewal of Licenses and Registration. All types of licenses
to possess a firearm shall be renewed every two (2) years. Failure to
renew the license on or before the date of its expiration shall cause the
revocation of the license and of the registration of the firearm/s under
said licensee.
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• Renew every 4 years. The registration of the firearm shall be
renewed every four (4) years. Failure to renew the registration
of the firearm on or before the date of expiration shall cause
the revocation of the license of the firearm. The said firearm
shall be confiscated or forfeited in favor of the government
after due process.
• Failure to renew twice. The failure to renew a license or
registration within the periods stated above on two (2)
occasions shall cause the holder of the firearm to be perpetually
disqualified from applying for any firearm license. The
application for the renewal of the license or registration may
be submitted to the FEO of the PNP, within six (6) months
before the date of the expiration of such license or
registration.
Section 20. Inspection and Inventory. The Chief of the PNP or his/her
authorized representative shall require the submission of reports, inspect
or examine the inventory and records of a licensed manufacturer, dealer
or importer of firearms and ammunition during reasonable hours.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms and
Ammunition. Firearms and ammunition may only be acquired or
purchased from authorized dealers, importers or local manufacturers
and may be transferred or sold ONLY from a licensed citizen or
licensed juridical entity to another licensed citizen or licensed juridical
entity:
• Provided, That, during election periods, the sale and registration
of firearms and ammunition and the issuance of the
corresponding licenses to citizens shall be allowed on the
condition that the transport or delivery thereof shall strictly
comply with the issuances, resolutions, rules and regulations
promulgated by the Commission on Elections.
Section 22. Deposit of Firearms by Persons Arriving
From Abroad. A person arriving in the Philippines who is legally in
possession of any firearm or ammunition in his/her country of origin
and who has declared the existence of the firearm upon embarkation
and disembarkation but whose firearm is not registered in the
Philippines in accordance with this Act shall deposit the same upon
written receipt with the Collector of Customs for delivery to the FEO of
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the PNP for safekeeping, or for the issuance of a permit to transport if
the person is a competitor in a sports shooting competition.
• If the importation of the same is allowed and the party in
question desires to obtain a domestic firearm license, the same
should be undertaken in accordance with the provisions of this
Act.
• If no license is desired or leave to import is not granted, the
firearm or ammunition in question shall remain in the custody
of the FEO of the PNP until otherwise disposed of in-
accordance with law.
Section 23. Return of Firearms to Owner upon Departure from the
Philippines. Upon the departure from the Philippines of any person
whose firearm or ammunition is in the custody of the FEO of the PNP,
the same shall, upon timely request, be delivered to the person through
the Collector of Customs. In the case of a participant in a local sports
shooting competition, the firearm must be presented to the Collector of
Customs before the same is allowed to be loaded on board the carrier
on which the person is to board.
Section 24. Safekeeping of Firearms and Ammunition. Any licensee
may deposit a registered firearm to the FEO of the PNP, or any Police
Regional Office for safekeeping. Reasonable fees for storage shall be
imposed.
Section 25. Abandoned Firearms and Ammunition. Any firearm or
ammunition deposited in the custody of the FEO of the PNP pursuant
to the provisions of this Act, shall be deemed to have been abandoned
by the owner or his/her authorized representative if he/she failed to
reclaim the same within five (5) years or failed to advise the FEO of
the PNP of the disposition to be made thereof. Thereafter, the FEO of
the PNP may dispose of the same after compliance with established
procedures.
Section 26. Death or Disability of Licensee. Upon the death or legal
disability of the holder of a firearm license, it shall be the duty of his/her
next of kin, nearest relative, legal representative, or other person who
shall knowingly come into possession of such firearm or ammunition,
to deliver the same to the FEO of the PNP or Police Regional Office,
and such firearm or ammunition shall be retained by the police custodian
pending the issuance of a license and its registration in accordance, with
this Act.
• The failure to deliver the firearm or ammunition within six
(6) months after the death or legal disability of the licensee
@thejoannev
SPECIAL PENAL LAW
shall render the possessor liable for illegal possession of the
firearm.
Section 27. Antique Firearm. Any person who possesses an antique
firearm shall register the same and secure a collector’s license from the
FEO of the PNP. Proper storage of antique firearm shall be strictly
imposed. Noncompliance of this provision shall be considered as illegal
possession of the firearm as penalized in this Act.
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or Possession of Firearms and
Ammunition. The unlawful acquisition, possession of firearms and
ammunition shall be penalized as follows:
The penalty of prision mayor in its medium period shall be imposed upon
any person who shall unlawfully acquire or possess a small arm;
The penalty of reclusion temporal to reclusion perpetua shall be imposed if
three (3) or more small arms or Class-A light weapons are unlawfully
acquired or possessed by any person;
The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess a Class-A light
weapon;
The penalty of reclusion perpetua shall be imposed upon any person who
shall, unlawfully acquire or possess a Class-B light weapon;
The penalty of one (1) degree higher than that provided in paragraphs
(a) to (c) in this section shall be imposed upon any person who shall
unlawfully possess any firearm under any or combination of the
following conditions:
1. Loaded with ammunition or inserted with a loaded magazine;
2. Fitted or mounted with laser or any gadget used to guide the
shooter to hit the target such as thermal weapon sight (TWS)
and the like
3. Fitted or mounted with sniper scopes, firearm muffler or
firearm silencer;
4. Accompanied with an extra barrel; and
5. Converted to be capable of firing full automatic bursts.
The penalty of prision mayor in its minimum period shall be imposed
upon any person who shall unlawfully acquire or possess a major part of
a small arm;
The penalty of prision mayor in its minimum period shall be imposed upon
any person who shall unlawfully acquire or possess ammunition for a
small arm or Class-A light weapon. If the violation of this paragraph is
committed by the same person charged with the unlawful acquisition or
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possession of a small arm, the former violation shall be absorbed by the
latter;
The penalty of prision mayor in its medium period shall be imposed upon
any person who shall unlawfully acquire or possess a major part of a
Class-A light weapon;
The penalty of prision mayor in its medium period shall be imposed upon
any person who shall unlawfully acquire or possess ammunition for a
Class-A light weapon. If the violation of this paragraph is committed by
the same person charged with the unlawful acquisition or possession of
a Class-A light weapon, the former violation shall be absorbed by the
latter;
The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess a major part of
a Class-B light weapon; and
The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess ammunition
for a Class-B light weapon. If the violation of this paragraph is
committed by the same person charged with the unlawful acquisition or
possession of a Class-B light weapon, the former violation shall be
absorbed by the latter.
Section 29. Use of Loose Firearm in the Commission of a Crime. The
use of a loose firearm, when inherent in the commission of a crime
punishable under the Revised Penal Code or other special laws, shall be
considered as an aggravating circumstance:
• Provided, That if the crime committed with the use of a loose
firearm is penalized by the law with a maximum penalty which
is lower than that prescribed in the preceding section for illegal
possession of firearm, the penalty for illegal possession of
firearm shall be imposed in lieu of the penalty for the crime
charged:
• Provided, further, That if the crime committed with the use of a
loose firearm is penalized by the law with a maximum penalty
which is equal to that imposed under the preceding section for
illegal possession of firearms, the penalty of prision mayor in
its minimum period shall be imposed in addition to the
penalty for the crime punishable under the Revised Penal Code
or other special laws of which he/she is found guilty.
Rebellion, insurrection, coup; absorbed when used. If the violation
of this Act is in furtherance of, or incident to, or in connection with the
crime of rebellion of insurrection, or attempted coup d’ etat, such
violation shall be absorbed as an element of the crime of rebellion or
insurrection, or attempted coup d’ etat.
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Rebellion, insurrection, coup; separate crime if not used. If the
crime is committed by the person without using the loose firearm, the
violation of this Act shall be considered as a distinct and separate
offense.
Section 30. Liability of Juridical Person. The penalty of prision mayor in
its minimum to prision mayor in its medium period shall be imposed upon
the owner, president, manager, director or other responsible officer
of/any public or private firm, company, corporation or entity who shall
willfully or knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or persons
found guilty of violating the provisions of the preceding section, or
willfully or knowingly allow any of them to use unregistered firearm or
firearms without any legal authority to be carried outside of their
residence in the course of their employment.
Section 31. Absence of Permit to Carry Outside of Residence. The
penalty of prision correccional and a fine of Ten thousand pesos
(P10,000.00) shall be imposed upon any person who is licensed to own
a firearm but who shall carry the registered firearm outside his/her
residence without any legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or Disposition
of Firearms or Ammunition or Parts Thereof, Machinery, Tool or
Instrument Used or Intended to be Used in the Manufacture of
Firearms, Ammunition or Parts Thereof. The penalty of reclusion
temporal to reclusion perpetua shall be imposed upon any person who shall
unlawfully engage in the manufacture, importation, sale or disposition
of a firearm or ammunition, or a major part of a firearm or ammunition,
or machinery, tool or instrument used or intended to be used by the
same person in the manufacture of a firearm, ammunition, or a major
part thereof.
Possession is prima facie proof. The possession of any machinery,
tool or instrument used directly in the manufacture of firearms,
ammunition, or major parts thereof by any person whose business,
employment or activity does not lawfully deal with the possession of
such article, shall be prima facie evidence that such article is intended to
be used in the unlawful or illegal manufacture of firearms, ammunition
or parts thereof.
The penalty of prision mayor in its minimum period to prision mayor in its
medium period shall be imposed upon any laborer, worker or employee
of a licensed firearms dealer who shall unlawfully take, sell or otherwise
dispose of parts of firearms or ammunition which the company
@thejoannev
SPECIAL PENAL LAW
manufactures and sells, and other materials used by the company in the
manufacture or sale of firearms or ammunition.
• The buyer or possessor of such stolen part or material, who is
aware that such part or material was stolen, shall suffer the
same penalty as the laborer, worker or employee.
If committed by juridical person. If the violation or offense is
committed by a corporation, partnership, association or other juridical
entity, the penalty provided for in this section shall be imposed upon the
directors, officers, employees or other officials or persons therein who
knowingly and willingly participated in the unlawful act.
Section 33. Arms Smuggling. The penalty of reclusion perpetua shall be
imposed upon any person who shall engage or participate in arms
smuggling as defined in this Act.
Section 34. Tampering, Obliteration or Alteration of Firearms
Identification. The penalty of prision correccional to prision mayor in its
minimum period shall be imposed upon any person who shall tamper,
obliterate or alter without authority the barrel, slide, frame, receiver,
cylinder, or bolt assembly, including the name of the maker, model, or
serial number of any firearm, or who shall replace without authority the
barrel, slide, frame, receiver, cylinder, or bolt assembly, including its
individual or peculiar identifying characteristics essential in forensic
examination of a firearm or light weapon.
• The PNP shall place this information, including its individual
or peculiar identifying characteristics into the database of
integrated firearms identification system of the PNP Crime
Laboratory for future use and identification of a particular
firearm.
Section 35. Use of an Imitation Firearm. An imitation firearm used in
the commission of a crime shall be considered a real firearm as defined
in this Act and the person who committed the crime shall be punished
in accordance with this Act:
• Provided, That injuries caused on the occasion of the conduct
of competitions, sports, games, or any recreation activities
involving imitation firearms shall not be punishable under this
Act.
Section 36. In Custodia Legis. During the pendency of any case filed in
violation of this Act, seized firearm, ammunition, or parts thereof,
machinery, tools or instruments shall remain in the custody of the court.
If the court decides that it has no adequate means to safely keep the
same, the court shall issue an order to turn over to the PNP Crime
Laboratory such firearm, ammunition, or parts thereof, machinery, tools
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FIREARMS AND AMMUNITIONS
or instruments in its custody during the pendency of the case and to
produce the same to the court when so ordered.
• No bond shall be admitted for the release of the firearm,
ammunition or parts thereof, machinery, tool or instrument.
• Any violation of this paragraph shall be punishable by prision
mayor in its minimum period to prision mayor in its medium
period.
Section 37. Confiscation and Forfeiture. The imposition of penalty for
any violation of this Act shall carry with it the accessory penalty of
confiscation and forfeiture of the firearm, ammunition, or parts thereof,
machinery, tool or instrument in favor of the government which shall
be disposed of in accordance with law.
Section 38. Liability for Planting Evidence. The penalty of prision
mayor in its maximum period shall be imposed upon any person who
shall willfully and maliciously insert; place, and/or attach, directly or
indirectly, through any overt or covert act, any firearm, or ammunition,
or parts thereof in the person, house, effects, or in the immediate vicinity
of an innocent individual for the purpose of implicating or incriminating
the person, or imputing the commission of any violation of the
provisions of this Act to said individual. If the person found guilty under
this paragraph is a public officer or employee, such person shall suffer
the penalty of reclusion perpetua.
Section 39. Grounds for Revocation, Cancellation or Suspension of
License or Permit. The Chief of the PNP or his/her authorized
representative may revoke, cancel or suspend a license or permit on the
following grounds:
1. Commission of a crime or offense involving the firearm,
ammunition, of major parts thereof;
2. Conviction of a crime involving moral turpitude or any offense
where the penalty carries an imprisonment of more than six (6)
years;
3. Loss of the firearm, ammunition, or any parts thereof through
negligence
4. Carrying of the firearm, ammunition, or major parts thereof
outside of residence or workplace without, the proper permit
to carry the same;
5. Carrying of the firearm, ammunition, or major parts thereof in
prohibited places;
6. Dismissal for cause from the service in case of government
official and employee;
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ad majorem dei gloriam SPECIAL PENAL LAW
7. Commission of any of the acts penalized under Republic Act
No. 9165, otherwise known as the “Comprehensive
Dangerous Drugs Act of 2002”;
8. Submission of falsified documents or misrepresentation in the
application to obtain a license or permit;
9. Noncompliance of reportorial requirements; and
10. By virtue of a court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light
Weapon. A fine of Ten thousand pesos (P10,000.00) shall be imposed
upon any licensed firearm holder who fails to report to the FEO of the
PNP that the subject firearm has been lost or stolen within a period of
thirty (30) days from the date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed
upon any person holding a valid firearm license who changes residence
or office address other than that indicated in the license card and fails
within a period of thirty (30) days from said transfer to notify the FEO
of the PNP of such change of address.
Section 41. Illegal Transfer/Registration of Firearms. It shall be
unlawful to transfer possession of any firearm to any person who has
not yet obtained or secured the necessary license or permit thereof.
The penalty of prision correccional shall be imposed upon any person who
shall violate the provision of the preceding paragraph. In addition,
he/she shall be disqualified to apply for a license to possess other
firearms and all his/her existing firearms licenses whether for purposes
of commerce or possession, shall be revoked. If government-issued
firearms, ammunition or major parts of firearms or light weapons are
unlawfully disposed, sold or transferred by any law enforcement agent
or public officer to private individuals, the penalty of reclusion
temporal shall be imposed.
Any public officer or employee or any person who shall facilitate the
registration of a firearm through fraud, deceit, misrepresentation or
submission of falsified documents shall suffer the penalty of prision
correccional.
Section 42. Firearms Repository. The FEO of the PNP shall be the sole
repository of all firearms records to include imported and locally
manufactured firearms and ammunition.
• Within one (1) year upon approval of this Act, all military and
law enforcement agencies, government agencies, LGUs and
government-owned or -controlled corporations shall submit
an inventory of all their firearms and ammunition to the PNP.
@thejoannev JO VALLES
CIVIL AVIATION
AN ACT PROHIBITING CERTAIN
ACTS INIMICAL TO CIVIL
AVIATION, AND FOR OTHER
PURPOSES
Republic Act No. 6235
Section 1. It shall be unlawful for any person to compel a change in the
course or destination of an aircraft of Philippine registry, or to seize or
usurp the control thereof, while it is in flight.
• When in flight. An aircraft is in flight from the moment all its
external doors are closed following embarkation until any of
such doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of
foreign registry to land in Philippine territory or to seize or usurp the
control thereof while it is within the said territory.
Section 2. Any person violating any provision of the foregoing section
shall be punished by an imprisonment of not less than twelve years
but not more than twenty years, or by a fine of not less than twenty
thousand pesos but not more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not
less than twenty-five thousand pesos but not more than fifty thousand
pesos shall be imposed upon any person committing such violation
under any of the following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or
passenger of the aircraft;
2. Whenever he has exploded or attempted to explode any bomb
or explosive to destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide,
serious physical injuries or rape.
4.
Section 3. It shall be unlawful for any person, natural or juridical, to
ship, load or carry in any passenger aircraft operating as a public utility
within the Philippines, any explosive, flammable, corrosive or poisonous
substance or material.
Section 4. The shipping, loading or carrying of any substance or
material mentioned in the preceding section in any cargo aircraft
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ad majorem dei gloriam SPECIAL PENAL LAW
operating as a public utility within the Philippines shall be in accordance violation and in addition thereto, the license of said
with regulations issued by the Civil Aeronautics Administration. corporation to do business in the Philippines shall be revoked.
Any violation of Section four hereof shall be an offense punishable with
Section 5. As used in this Act the minimum of the penalty provided in the next preceding paragraph.
Explosive shall mean any substance, either solid or liquid, mixture or
single compound, which by chemical reaction liberates heat and gas at Section 7. For any death or injury to persons or damage to property
resulting from a violation of Sections three and four hereof, the person
high speed and causes tremendous pressure resulting in explosion.
responsible therefor may be held liable in accordance with the applicable
• The term shall include but not limited to dynamites,
firecrackers, blasting caps, black powders, bursters, provisions of the Revised Penal Code.
percussions, cartridges and other explosive materials, except
bullets for firearm. Section 8. Aircraft companies which operate as public utilities or
operators of aircraft which are for hire are authorized to open and
Flammable is any substance or material that is highly combustible and investigate suspicious packages and cargoes in the presence of the owner
self-igniting by chemical reaction and shall include but not limited to or shipper, or his authorized representatives if present; in order to help
acrolein, allene, aluminum dyethyl monochloride, and other aluminum the authorities in the enforcement of the provisions of this Act: Provided,
compounds, ammonium chlorate and other ammonium mixtures and That if the owner, shipper or his representative refuses to have the same
other similar substances or materials. opened and inspected, the airline or air carrier is authorized to refuse the
loading thereof.
Corrosive is any substance or material, either liquid, solid or gaseous,
which through chemical reaction wears away, impairs or consumes any Section 9. Every ticket issued to a passenger by the airline or air carrier
object. concerned shall contain among others the following condition printed
• It shall include but not limited to alkaline battery fluid packed thereon: "Holder hereof and his hand-carried luggage(s) are subject to
with empty storage battery, allyl chloroformate, search for, and seizure of, prohibited materials or substances. Holder
allytrichlorosilane, ammonium dinitro-orthocresolate and refusing to be searched shall not be allowed to board the aircraft," which
other similar materials and substances. shall constitute a part of the contract between the passenger and the air
carrier.
Poisonous is any substance or materials, except medicinal drug, either
liquid, solid or gaseous, which through chemical reactions kills, injuries
or impairs a living organism or person, and shall include but not limited
to allyl isothiocyanate, ammunition (chemical, non-explosive but
containing Class A, B or poison), aniline oil, arsine, bromobenzyle
cyanide, bromoacetone and other similar substances or materials.
Section 6. Any violation of Section three hereof shall be punishable by
an imprisonment of at least five years but not more than ten years or by
a fine of not less than ten thousand pesos but not more than twenty
thousand pesos:
• Provided, That if the violation is committed by a juridical person,
the penalty shall be imposed upon the manager, representative,
director, agent or employee who violated, or caused, directed,
cooperated or participated in the violation thereof:
• Provided, further, That in case the violation is committed in the
interest of a foreign corporation legally doing business in the
Philippines, the penalty shall be imposed upon its resident
agent, manager, representative or director responsible for such
@thejoannev JO VALLES
CIVIL AVIATION ad majorem dei gloriam SPECIAL PENAL LAW
2. group of persons or of any person charged with or suspected
Section 5. Accomplice. Any person who, not being a principal under of the crime of terrorism or conspiracy to commit terrorism.
HUMAN SECURITY ACT OF 2007 Article 17 of the Revised Penal Code or a conspirator as defined in
Section 4 hereof, cooperates in the execution of either the crime of Confidential. Provided, that surveillance, interception and recording of
RA 9372
terrorism or conspiracy to commit terrorism by previous or communications between:
An act to secure the state and protect our people from terrorism
simultaneous acts shall suffer the penalty of from seventeen (17) years, 1. lawyers and clients,
four months one day to twenty (20) years of imprisonment. 2. doctors and patients,
Sections discussed are highlighted.
3. journalists and their sources and
Section 3. Terrorism. Any person who commits an act punishable under
Section 6. Accessory. Any person who, having knowledge of the 4. confidential business correspondence
any of the following provisions of the Revised Penal Code:
commission of the crime of terrorism or conspiracy to commit shall not be authorized.
a. Article 122 (Piracy in General and Mutiny in the High Seas or
terrorism, and without having participated therein, either as principal or
in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection); accomplice under Articles 17 and 18 of the Revised Penal Code, takes Section 8. Formal Application for Judicial Authorization. The written
part subsequent to its commission in any of the following manner: order of the authorizing division of the Court of Appeals to track down,
c. Article 134-a (Coup d' Etat), including acts committed by
a. by profiting himself or assisting the offender to profit by the tap, listen to, intercept, and record communications, messages,
private persons;
effects of the crime; conversations, discussions, or spoken or written words of any person
d. Article 248 (Murder);
b. by concealing or destroying the body of the crime, or the suspected of the crime of terrorism or the crime of conspiracy to
e. Article 267 (Kidnapping and Serious Illegal Detention);
effects, or instruments thereof, in order to prevent its commit terrorism shall only be granted by the authorizing division of
f. Article 324 (Crimes Involving Destruction), or under
discovery; the Court of Appeals upon:
1. Presidential Decree No. 1613 (The Law on Arson);
c. by harboring, concealing, or assisting in the escape of the 1. an ex parte written application of a police or of a law
2. Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990); principal or conspirator of the crime, enforcement official who has been duly authorized in writing
shall suffer the penalty of ten (10) years and one day to twelve (12) years by the Anti-Terrorism Council created in Section 53 of this Act
3. Republic Act No. 5207, (Atomic Energy Regulatory
of imprisonment. to file such ex parte application, and
and Liability Act of 1968);
2. upon examination under oath or affirmation of the applicant
4. Republic Act No. 6235 (Anti-Hijacking Law);
Exemption; subparagraph b and c only. Notwithstanding the above and the witnesses he may produce
5. Presidential Decree No. 532 (Anti-Piracy and Anti-
paragraph, the penalties prescribed for accessories shall not be imposed 3. to establish:
Highway Robbery Law of 1974); and,
upon those who are such with respect to their: a. that there is probable cause to believe based on
6. Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful • spouses, ascendants, descendants, legitimate, natural, and personal knowledge of facts or circumstances that the
Possession, Manufacture, Dealing in, Acquisition or adopted brothers and sisters, or relatives by affinity within the said crime of terrorism or conspiracy to commit
same degrees, with the single exception of accessories falling terrorism has been committed, or is being
Disposition of Firearms, Ammunitions or
within the provisions of subparagraph (a). committed, or is about to be committed;
Explosives)
b. that there is probable cause to believe based on
Thereby
Section 7. Surveillance of Suspects and Interception and Recording personal knowledge of facts or circumstances that
1. sowing and creating a condition of widespread and
of Communications. The provisions of Republic Act No. 4200 (Anti- evidence, which is essential to the conviction of any
extraordinary fear and panic among the populace,
Wire Tapping Law) to the contrary notwithstanding, a police or law charged or suspected person for, or to the solution or
2. in order to coerce the government to give in to an unlawful
enforcement official and the members of his team may, upon a written prevention of, any such crimes, will be obtained; and
demand
order of the Court of Appeals: c. that there is no other effective means readily available
shall be guilty of the crime of terrorism and shall suffer the penalty of
1. listen to, for acquiring such evidence.
forty (40) years of imprisonment, without the benefit of parole as
provided for under Act No. 4103, otherwise known as the Indeterminate 2. intercept and
3. record, Section 9. Classification and Contents of the Order of the Court. The
Sentence Law, as amended.
with the use of any mode, form, kind or type of electronic or other written order granted by the authorizing division of the Court of
surveillance equipment or intercepting and tracking devices, or with the Appeals as well as its order, if any, to extend or renew the same, the
Section 4. Conspiracy to Commit Terrorism. Persons who conspire to
use of any other suitable ways and means for that purpose, any original application of the applicant, including his application to extend
commit the crime of terrorism shall suffer the penalty of forty (40) years
communication, message, conversation, discussion, or spoken or written or renew, if any, and the written authorizations of the Anti-Terrorism
of imprisonment.
words between: Council shall be deemed and are hereby declared as classified
• There is conspiracy when two or more persons come to an information:
1. members of a judicially declared and outlawed terrorist
agreement concerning the commission of the crime of
organization, association, or • Right to be informed. Provided, That the person being
terrorism as defined in Section 3 hereof and decide to commit
surveilled or whose communications, letters, papers, messages,
the same.

90 @thejoannev JO VALLES
CIVIL AVIATION
conversations, discussions, spoken or written words and
effects have been monitored, listened to, bugged or recorded
by law enforcement authorities has the right to be informed of
the acts done by the law enforcement authorities in the
premises or to challenge, if he or she intends to do so, the
legality of the interference before the Court of Appeals which
issued the written order.
• The written order of the authorizing division of the Court of
Appeals shall specify the following:
o Identity of the parties listened to. The identity,
such as name and address, if known, of the charged
or suspected person whose communications,
messages, conversations, discussions, or spoken or
written words are to be tracked down, tapped,
listened to, intercepted, and recorded and, in the case
of radio, electronic, or telephonic (whether wireless
or otherwise) communications, messages,
conversations, discussions, or spoken or written
words, the electronic transmission systems or the
telephone numbers to be tracked down, tapped,
listened to, intercepted, and recorded and their
locations or if the person suspected of the crime of
terrorism or conspiracy to commit terrorism is not
fully known, such person shall be subject to
continuous surveillance provided there is a
reasonable ground to do so;
o Identity of the listener. The identity (name, address,
and the police or law enforcement organization) of
the police or of the law enforcement official,
including the individual identity (names, addresses,
and the police or law enforcement organization) of
the members of his team, judicially authorized to
track down, tap, listen to, intercept, and record the
communications, messages, conversations,
discussions, or spoken or written words;
o Offense. The offense or offenses committed, or
being committed, or sought to be prevented; and,
o Period of authority. The length of time within
which the authorization shall be used or carried out.
Section 10. Effective Period of Judicial Authorization. Any
authorization granted by the authorizing division of the Court of
Appeals, pursuant to Section 9(d) of this Act, shall only be effective for
the length of time specified in the written order of the authorizing
division of the Court of Appeals, which shall not exceed a period of
thirty (30) days from the date of receipt of the written order of the
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ad majorem dei gloriam
authorizing division of the Court of Appeals by the applicant police or
law enforcement official.
• Extension. The authorizing division of the Court of Appeals
may extend or renew the said authorization for another non-
extendible period, which shall not exceed thirty (30) days
from the expiration of the original period:
• Provided, That the authorizing division of the Court of
Appeals is satisfied that such extension or renewal is in the
public interest: and
• Provided, further, That the ex parte application for extension or
renewal, which must be filed by the original applicant, has been
duly authorized in writing by the Anti-Terrorism Council.
Death or incapacity of original applicant; next in rank will file. In
case of death of the original applicant or in case he is physically disabled
to file the application for extension or renewal, the one next in rank to
the original applicant among the members of the team named in the
original written order of the authorizing division of the Court of Appeals
shall file the application for extension or renewal:
• Provided, That, without prejudice to the liability of the police
or law enforcement personnel under Section 20 hereof, the
applicant police or law enforcement official shall have thirty
(30) days after the termination of the period granted by the
Court of Appeals as provided in the preceding paragraphs
within which to file the appropriate case before the Public
Prosecutor's Office for any violation of this Act.
• If no case is filed within the thirty (30)-day period, the applicant
police or law enforcement official shall immediately notify the
person subject of the surveillance, interception and recording
of the termination of the said surveillance, interception and
recording.
Section 11. Custody of Intercepted and Recorded Communications.
All tapes, discs, and recordings made pursuant to the authorization of
the authorizing division of the Court of Appeals, including all excerpts
and summaries thereof as well as all written notes or memoranda made
in connection therewith, shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the authorizing
division of the Court of Appeals or within forty-eight (48) hours after
the expiration of any extension or renewal granted by the authorizing
division of the Court of Appeals:
1. be deposited with the authorizing Division of the Court of
Appeals in a sealed envelope or sealed package, as the case may
be, and
2. shall be accompanied by a joint affidavit of the applicant police
or law enforcement official and the members of his team.
@thejoannev
SPECIAL PENAL LAW
In case of death of the applicant or in case he is physically disabled to
execute the required affidavit, the one next in rank to the applicant
among the members of the team named in the written order of the
authorizing division of the Court of Appeals shall execute with the
members of the team that required affidavit.
Unlawful to delete, expunge, incinerate, etc. It shall be unlawful for
any person, police officer or any custodian of the tapes, discs and
recording, and their excerpts and summaries, written notes or
memoranda to copy in whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items enumerated above
in whole or in part under any pretext whatsoever.
• Any person who removes, deletes, expunges, incinerates,
shreds or destroys the items enumerated above shall suffer a
penalty of not less than six years and one day to twelve (12)
years of imprisonment.
Section 12. Contents of Joint Affidavit. The joint affidavit of the police
or of the law enforcement official and the individual members of his
team shall state:
a. the number of tapes, discs, and recordings that have been
made, as well as the number of excerpts and summaries thereof
and the number of written notes and memoranda, if any, made
in connection therewith;
b. the dates and times covered by each of such tapes, discs, and
recordings;
c. the number of tapes, discs, and recordings, as well as the
number of excerpts and summaries thereof and the number of
written notes and memoranda made in connection therewith
that have been included in the deposit; and
d. the date of the original written authorization granted by the
Anti-Terrorism Council to the applicant to file the ex parte
application to conduct the tracking down, tapping,
intercepting, and recording, as well as the date of any extension
or renewal of the original written authority granted by the
authorizing division of the Court of Appeals.
State that no other copies were made, or that they have been
surrendered. The joint affidavit shall also certify under oath that no
duplicates or copies of the whole or any part of any of such tapes, discs,
and recordings, and that no duplicates or copies of the whole or any part
of any of such excerpts, summaries, written notes, and memoranda, have
been made, or,
• if made, that all such duplicates and copies are included in the
sealed envelope or sealed package, as the case may be,
deposited with the authorizing division of the Court of
Appeals.
JO VALLES
CIVIL AVIATION
It shall be unlawful for any person, police or law enforcement official to
omit or exclude from the joint affidavit any item or portion thereof
mentioned in this Section.
Any person, police or law enforcement officer who violates any of the
acts prescribed in the preceding paragraph shall suffer the penalty of not
less than ten (10) years and one day to twelve (12) years of
imprisonment.
Section 13. Disposition of Deposited Material. The sealed envelope or
sealed package and the contents thereof, which are deposited with the
authorizing division of the Court of Appeals, shall be deemed and are
hereby declared classified information, and the sealed envelope or sealed
package shall not be opened and its contents (including the tapes, discs,
and recordings and all the excerpts and summaries thereof and the notes
and memoranda made in connection therewith) shall not be divulged,
revealed, read, replayed, or used as evidence unless authorized by written
order of the authorizing division of the Court of Appeals, which written
order shall be granted only upon a written application of the Department
of Justice filed before the authorizing division of the Court of Appeals
and only upon a showing that the Department of Justice has been duly
authorized in writing by the Anti-Terrorism Council to file the
application with proper written notice the person whose conversation,
communication, message discussion or spoken or written words have
been the subject of surveillance, monitoring, recording and interception
to open, reveal, divulge, and use the contents of the sealed envelope or
sealed package as evidence.
Any person, law enforcement official or judicial authority who violates
his duty to notify in writing the persons subject of the surveillance as
defined above shall suffer the penalty of six years and one day to eight
years of imprisonment.
Section 14. Application to Open Deposited Sealed Envelope or
Sealed Package. The written application with notice to the party
concerned to open the deposited sealed envelope or sealed package shall
clearly state the purpose or reason:
a. for opening the sealed envelope or sealed package;
b. for revealing or disclosing its classified contents;
c. for replaying, divulging, and or reading any of the listened to,
intercepted, and recorded communications, messages,
conversations, discussions, or spoken or written words
(including any of the excerpts and summaries thereof and any
of the notes or memoranda made in connection therewith);
and,
d. for using any of said listened to, intercepted, and recorded
communications, messages, conversations, discussions, or
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spoken or written words (including any of the excerpts and
summaries thereof and any of the notes or memoranda made
in connection therewith) as evidence.
Any person, law enforcement official or judicial authority who violates
his duty to notify as defined above shall suffer the penalty of six years
and one day to eight years of imprisonment.
Section 15. Evidentiary Value of Deposited Materials. Any listened to,
intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words, or any part or parts thereof, or
any information or fact contained therein, including their existence,
content, substance, purport, effect, or meaning, which have been
secured in violation of the pertinent provisions of this Act, shall
absolutely not be admissible and usable as evidence against anybody
in any judicial, quasi-judicial, legislative, or administrative investigation,
inquiry, proceeding, or hearing.
Section 17. Proscription of Terrorist Organizations, Association, or
Group of Persons. Any organization, association, or group of persons:
• organized for the purpose of engaging in terrorism, or
• which, although not organized for that purpose, actually uses
the acts to terrorize mentioned in this Act or to sow and create
a condition of widespread and extraordinary fear and panic
among the populace in order to coerce the government to give
in to an unlawful demand
shall
• upon application of the Department of Justice before a
competent Regional Trial Court,
• with due notice and opportunity to be heard given to the
organization, association, or group of persons concerned,
be declared as a terrorist and outlawed organization, association, or
group of persons by the said Regional Trial Court.
Section 18. Period of Detention Without Judicial Warrant of
Arrest. The provisions of Article 125 of the Revised Penal Code to the
contrary notwithstanding, any police or law enforcement personnel,
who, having been duly authorized in writing by the Anti-Terrorism
Council has taken custody of a person charged with or suspected of the
crime of terrorism or the crime of conspiracy to commit terrorism shall,
without incurring any criminal liability for delay in the delivery of
detained persons to the proper judicial authorities, deliver said charged
or suspected person to the proper judicial authority within a period of
three days counted from the moment the said charged or suspected
person has been apprehended or arrested, detained, and taken into
custody by the said police, or law enforcement personnel:
• Provided, That the arrest of those suspected of the crime of
terrorism or conspiracy to commit terrorism must result from
@thejoannev
SPECIAL PENAL LAW
the SURVEILLANCE under Section 7 and
EXAMINATION OF BANK DEPOSITS under Section
27 of this Act.
Present to judge before detaining. The police or law enforcement
personnel concerned shall, before detaining the person suspected of the
crime of terrorism, present him or her before any judge at the latter's
residence or office nearest the place where the arrest took place at any
time of the day or night.
Duty of the judge. It shall be the duty of the judge, among other things,
to ascertain the identity of the police or law enforcement personnel and
the person or persons they have arrested and presented before him or
her:
1. to inquire of them the reasons why they have arrested the
person and
2. determine by questioning and personal observation whether or
not the suspect has been subjected to any physical, moral or
psychological torture by whom and why.
Report of the judge. The judge shall then submit a written report of
what he/she had observed when the subject was brought before him to
the proper court that has jurisdiction over the case of the person thus
arrested. The judge shall forthwith submit his/her report within three
calendar days from the time the suspect was brought to his/her
residence or office.
Immediately after taking custody of a person charged with or suspected
of the crime of terrorism or conspiracy to commit terrorism, the police
or law enforcement personnel shall notify in writing the judge of the
court nearest the place of apprehension or arrest:
• Provided, that where the arrest is made during Saturdays,
Sundays, holidays or after office hours, the written notice shall
be served at the residence of the judge nearest the place where
the accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the police or law enforcement
personnel who fails to notify and judge as Provided in the preceding
paragraph.
Section 19. Period of Detention in the Event of an Actual or
Imminent Terrorist Attack. In the event of an actual or imminent
terrorist attack, suspects may not be detained for more than three days
without the written approval of a municipal, city, provincial or regional
official of a Human Rights Commission or judge of the municipal,
JO VALLES
CIVIL AVIATION
regional trial court, the Sandiganbayan or a justice of the Court of
Appeals nearest the place of the arrest.
• If the arrest is made during Saturdays, Sundays, holidays or
after office hours, the arresting police or law enforcement
personnel shall bring the person thus arrested to the residence
of any of the officials mentioned above that is nearest the place
where the accused was arrested.
• The approval in writing of any of the said officials shall be
secured by the police or law enforcement personnel concerned
within five days after the date of the detention of the persons
concerned:
• Provided, however, That within three days after the detention
the suspects, whose connection with the terror attack or threat
is not established, shall be released immediately.
Section 21. Rights of a Person under Custodial Detention. The
moment a person charged with or suspected of the crime of terrorism
or the crime of conspiracy to commit terrorism is apprehended or
arrested and detained, he shall forthwith be informed, by the arresting
police or law enforcement officers or by the police or law enforcement
officers to whose custody the person concerned is brought, of his or her
right:
a. to be informed of the nature and cause of his arrest, to remain
silent and to have competent and independent counsel
preferably of his choice.
1. If the person cannot afford the services of counsel
of his or her choice, the police or law enforcement
officers concerned shall immediately contact the free
legal assistance unit of the Integrated Bar of the
Philippines (IBP) or the Public Attorney's Office
(PAO).
2. It shall be the duty of the free legal assistance unit of
the IBP or the PAO thus contacted to immediately
visit the person(s) detained and provide him or her
with legal assistance.
3. These rights cannot be waived except in writing and
in the presence of the counsel of choice;
b. informed of the cause or causes of his detention in the
presence of his legal counsel;
c. allowed to communicate freely with his legal counsel and to
confer with them at any time without restriction;
d. allowed to communicate freely and privately without
restrictions with the members of his family or with his nearest
relatives and to be visited by them; and
e. allowed freely to avail of the service of a physician or
physicians of choice.
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Section 24. No Torture or Coercion in Investigation and
Interrogation. No threat, intimidation, or coercion, and no act which
will inflict any form of physical pain or torment, or mental, moral, or
psychological pressure, on the detained person, which shall vitiate his
freewill, shall be employed in his investigation and interrogation for the
crime of terrorism or the crime of conspiracy to commit terrorism;
• otherwise, the evidence obtained from said detained person
resulting from such threat, intimidation, or coercion, or from
such inflicted physical pain or torment, or mental, moral, or
psychological pressure, shall be, in its entirety, absolutely not
admissible and usable as evidence in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry, proceeding,
or hearing.
Section 26. Restriction on Travel. In cases where evidence of guilt is not
strong, and the person charged with the crime of terrorism or conspiracy
to commit terrorism is entitled to bail and is granted the same, the court,
upon application by the prosecutor, shall limit the right of travel of the
accused to within the municipality or city where he resides or where
the case is pending, in the interest of national security and public
safety, consistent with Article III, Section 6 of the Constitution.
• Travel outside of said municipality or city, without the
authorization of the court, shall be deemed a violation of the
terms and conditions of his bail, which shall then be forfeited
as provided under the Rules of Court.
House arrest. He/she may also be placed under house arrest by order
of the court at his or her usual place of residence.
• No means of communication. While under house arrest, he
or she may not use telephones, cellphones, e-mails, computers,
the internet or other means of communications with people
outside the residence until otherwise ordered by the court.
The restrictions abovementioned shall be terminated upon the acquittal
of the accused or of the dismissal of the case filed against him or earlier
upon the discretion of the court on motion of the prosecutor or of the
accused.
Section 27. Judicial Authorization Required to Examine Bank
Deposits, Accounts, and Records. The provisions of Republic Act
No. 1405 as amended, to the contrary notwithstanding, the justices of
the Court of Appeals designated as a special court to handle anti-terrorism
cases after satisfying themselves of the existence of probable cause in a
hearing called for that purpose that:
1. a person charged with or suspected of the crime of terrorism
or, conspiracy to commit terrorism,
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2. of a judicially declared and outlawed terrorist organization,
association, or group of persons; and
3. of a member of such judicially declared and outlawed
organization, association, or group of persons
may authorize in writing any police or law enforcement officer and the
members of his/her team duly authorized in writing by the anti-
terrorism council to:
1. examine, or cause the examination of, the deposits,
placements, trust accounts, assets and records in a bank or
financial institution; and
2. gather or cause the gathering of any relevant information about
such deposits, placements, trust accounts, assets, and records
from a bank or financial institution.
The bank or financial institution concerned, shall not refuse to allow
such examination or to provide the desired information, when so,
ordered by and served with the written order of the Court of Appeals.
Section 28. Application to Examine Bank Deposits, Accounts, and
Records. The written order of the Court of Appeals authorizing the
examination of bank deposits, placements, trust accounts, assets, and
records:
1. of a person charged with or suspected of the crime of terrorism
or conspiracy to commit terrorism;
2. of any judicially declared and outlawed terrorist organization,
association, or group of persons, or
3. of any member of such organization, association, or group of
persons in a bank or financial institution,
and the gathering of any relevant information about the same from said
bank or financial institution, shall only be granted by the authorizing
division of the Court of Appeals upon an ex parte application to that
effect of a police or of a law enforcement official who has been duly
authorized in writing to file such ex parte application by the Anti-
Terrorism Council created in Section 53 of this Act to file such ex parte
application, and upon examination under oath or affirmation of the
applicant and, the witnesses he may produce to establish the facts that
will justify the need and urgency of examining and freezing the bank
deposits, placements, trust accounts, assets, and records:
1. of the person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism;
2. of a judicially declared and outlawed terrorist organization,
association or group of persons; or
3. of any member of such organization, association, or group of
persons.
Section 29. Classification and Contents of the Court Order
Authorizing the Examination of Bank Deposits, Accounts, and
Records. The written order granted by the authorizing division of the
Court of Appeals as well as its order, if any, to extend or renew the same,
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the original ex parte application of the applicant, including his ex parte
application to extend or renew, if any, and the written authorizations of
the Anti-Terrorism Council, shall be deemed and are hereby declared as
classified information:
• Provided, That the person whose bank deposits, placements,
trust accounts, assets, and records have been examined, frozen,
sequestered and seized by law enforcement authorities has the
right to be informed of the acts done by the law enforcement
authorities in the premises or to challenge, if he or she intends
to do so, the legality of the interference.
The written order of the authorizing division of the Court of Appeals
designated to handle cases involving terrorism shall specify:
a. the identity of the said:
a. person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism;
b. judicially declared and outlawed terrorist
organization, association, or group of persons; and
c. member of such judicially declared and outlawed
organization, association, or group of persons, as the
case may be. whose deposits, placements, trust
accounts, assets, and records are to be examined or
the information to be gathered;
b. the identity of the bank or financial Institution where such
deposits, placements, trust accounts, assets, and records are
held and maintained;
c. the identity of the persons who will conduct the said
examination and the gathering of the desired information; and,
d. the length of time the authorization shall be carried out.
Section 30. Effective Period of Court Authorization to Examine and
Obtain Information on Bank Deposits, Accounts, and
Records. The authorization issued or granted by the authorizing
division of the Court of Appeals to examine or cause the examination
of and to freeze bank deposits, placements, trust accounts, assets, and
records, or to gather information about the same, shall be effective for
the length of time specified in the written order of the authorizing
division of the Court of Appeals, which shall not exceed a period of
thirty (30) days from the date of receipt of the written order of the
authorizing division of the Court of Appeals by the applicant police or
law enforcement official.
• Renewal. The authorizing division of the Court of Appeals
may extend or renew the said authorization for another period,
which shall not exceed thirty (30) days renewable to another
thirty (30) days from the expiration of the original period:
• Provided, That the authorizing division of the Court of
Appeals is satisfied that such extension or renewal is in the
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public interest: and, Provided, further, That the application for
extension or renewal, which must be filed by the original
applicant, has been duly authorized in writing by the Anti-
Terrorism Council.
Death or disability of original applicant; next in rank will file. In
case of death of the original applicant or in case he is physically disabled
to file the application for extension or renewal, the one next in rank to
the original applicant among the members of the ream named in the
original written order of the authorizing division of the Court of Appeals
shall file the application for extension or renewal:
• Provided, That, without prejudice to the liability of the police
or law enforcement personnel under Section 19 hereof, the
applicant police or law enforcement official shall have thirty
(30) days after the termination of the period granted by the
Court of Appeals as provided in the preceding paragraphs
within which to file the appropriate case before the Public
Prosecutor's Office for any violation of this Act.
If no case is filed within the thirty (30)-day period, the applicant police
or law enforcement official shall immediately notify in writing the
person subject of the bank examination and freezing of bank deposits,
placements, trust accounts, assets and records.
Section 31. Custody of Bank Data and Information Obtained after
Examination of Deposits, Placements, Trust Accounts, Assets and
Records. All information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and other documents obtained
from the examination of the bank deposits, placements, trust accounts,
assets and records of:
1. a person charged with or suspected of the crime of terrorism
or the crime of conspiracy to commit terrorism;
2. a judicially declared and outlawed terrorist organization,
association, or group of persons; or
3. a member of any such organization, association, or group of
persons
shall, within forty-eight (48) hours after the expiration of the period
fixed in the written order of the authorizing division of the Court of
Appeals or within forty-eight (48) hours after the expiration of the
extension or renewal granted by the authorizing division of the Court of
Appeals:
1. be deposited with the authorizing division of the Court of
Appeals in a sealed envelope or sealed package, as the case may
be, and
2. shall be accompanied by a joint affidavit of the applicant police
or law enforcement official and the persons who actually
conducted the examination of said bank deposits, placements,
trust accounts, assets and records.
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SPECIAL PENAL LAW
Section 32. Contents of Joint Affidavit. - The joint affidavit shall state:
a. the identifying marks, numbers, or symbols of the deposits,
placements, trust accounts, assets, and records examined;
b. the identity and address of the bank or financial institution
where such deposits, placements, trust accounts, assets, and
records are held and maintained;
c. the number of bank deposits, placements, trust accounts,
assets, and records discovered, examined, and frozen;
d. the outstanding balances of each of such deposits, placements,
trust accounts, assets;
e. all information, data, excerpts, summaries, notes, memoranda,
working sheets, reports, documents, records examined and
placed in the sealed envelope or sealed package deposited with
the authorizing division of the Court of Appeals;
f. the date of the original written authorization granted by the
Anti-Terrorism Council to the applicant to file the ex parte
Application to conduct the examination of the said bank
deposits, placements, trust accounts, assets and records, as well
as the date of any extension or renewal of the original written
authorization granted by the authorizing division of the Court
of Appeals; and (g) that the items Enumerated were all that
were found in the bank or financial institution examined at the
time of the completion of the examination.
The joint affidavit shall also certify under oath that no duplicates or
copies of the information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents acquired from the
examination of the bank deposits, placements, trust accounts, assets and
records have been made, or, if made, that all such duplicates and copies
are placed in the sealed envelope or sealed package deposited with the
authorizing division of the Court of Appeals.
It shall be unlawful for any person, police officer or custodian of the
bank data and information obtained after examination of deposits,
placements, trust accounts, assets and records to copy, to remove,
delete, expunge, incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext whatsoever,
Any person who copies, removes, deletes, expunges, incinerates, shreds
or destroys the items enumerated above shall suffer a penalty of not less
than six years and one day to twelve (12) years of imprisonment.
Section 33. Disposition of Bank Materials. - The sealed envelope or
sealed package and the contents thereof, which are deposited with the
authorizing division of the Court of Appeals, shall be deemed and are
hereby declared classified information and the sealed envelope or
sealed package shall not be opened and its contents shall not be divulged,
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CIVIL AVIATION
revealed, read, or used as evidence unless authorized in a written order
of the authorizing division of the Court of Appeals
• which written order shall be granted only upon:
1. a written application of the Department of Justice filed
before the authorizing division of the Court of Appeals
and
2. only upon a showing that the Department of Justice has
been duly authorized in writing by the Anti-Terrorism
Council to file the application, with notice in writing to
the party concerned not later than three days before the
scheduled opening, to open, reveal, divulge, and use the
contents of the sealed envelope or sealed package as
evidence.
Any person, law enforcement official or judicial authority who violates
his duty to notify in writing as defined above shall suffer the penalty of
six years and one day to eight years of imprisonment.
Section 34. Contents of Joint Affidavit. The joint affidavit shall state:
a. the identifying marks, numbers, or symbols of the deposits,
placements, trust accounts, assets, and records examined;
b. the identity and address of the bank or financial institution
where such deposits, placements, trust accounts, assets, and
records are held and maintained;
c. the number of bank deposits, placements, trust accounts,
assets, and records discovered, examined, and frozen;
d. the outstanding balances of each of such deposits, placements,
trust accounts, assets;
e. all information, data, excerpts, summaries, notes, memoranda,
working sheets, reports, documents, records examined and
placed in the sealed envelope or sealed package deposited with
the authorizing division of the Court of Appeals;
f. the date of the original written authorization granted by the
Anti-Terrorism Council to the applicant to file the ex parte
Application to conduct the examination of the said bank
deposits, placements, trust accounts, assets and records, as well
as the date of any extension or renewal of the original written
authorization granted by the authorizing division of the Court
of Appeals; and
g. that the items Enumerated were all that were found in the bank
or financial institution examined at the time of the completion
of the examination.
The joint affidavit shall also certify under oath that no duplicates or
copies of the information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents acquired from the
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examination of the bank deposits, placements, trust accounts, assets and
records have been made, or, if made,
• that all such duplicates and copies are placed in the sealed
envelope or sealed package deposited with the authorizing
division of the Court of Appeals.
It shall be unlawful for any person, police officer or custodian of the
bank data and information obtained after examination of deposits,
placements, trust accounts, assets and records to copy, to remove,
delete, expunge, incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext whatsoever
Any person who copies, removes, deletes, expunges, incinerates, shreds
or destroys the items enumerated above shall suffer a penalty of not less
than six years and one day to twelve (12) years of imprisonment.
Application to Open Deposited Bank Materials. The written
application, with notice in writing to the party concerned not later than
three days of the scheduled opening, to open the sealed envelope or
sealed package shall clearly state the purpose and reason:
a. for opening the sealed envelope or sealed package;
b. for revealing and disclosing its classified contents; and,
c. for using the classified information, data, excerpts, summaries,
notes, memoranda, working sheets, reports, and documents as
evidence.
Section 35. Evidentiary Value of Deposited Bank Materials. Any
information, data, excerpts, summaries, notes, memoranda, work sheets,
reports, or documents acquired from the examination of the bank
deposits, placements, trust accounts, assets and records of:
1. a person charged or suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism;
2. a judicially declared and outlawed terrorist organization,
association, or group of persons; or
3. a member of such organization, association, or group of
persons, which have been secured in violation of the
provisions of this Act,
shall absolutely not be admissible and usable as evidence against
anybody in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.
Section 39. Seizure and Sequestration. The deposits and their
outstanding balances, placements, trust accounts, assets, and records in
any bank or financial institution, moneys, businesses, transportation and
communication equipment, supplies and other implements, and
property of whatever kind and nature belonging:
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SPECIAL PENAL LAW
1. to any person suspected of or charged before a competent
Regional Trial Court for the crime of terrorism or the crime of
conspiracy to commit terrorism;
2. to a judicially declared and outlawed organization, association,
or group of persons; or
3. to a member of such organization, association, or group of
persons
shall be seized, sequestered, and frozen in order to prevent their use,
transfer, or conveyance for purposes that are inimical to the safety and
security of the people or injurious to the interest of the State.
Withdrawal of confiscated items. The accused or a person suspected
of may withdraw such sums as may be reasonably needed by the monthly
needs of his family including the services of his or her counsel and his
or her family's medical needs upon approval of the court.
• He or she may also use any of his property that is under seizure
or sequestration or frozen because of his/her indictment as a
terrorist upon permission of the court for any legitimate
reason.
Section 40. Nature of Seized. Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records. The
seized, sequestered and frozen bank deposits, placements, trust
accounts, assets and records belonging to a person suspected of or
charged with the crime of terrorism or conspiracy to commit terrorism
shall be deemed as property held in trust by the bank or financial
institution for such person and the government during the pendency of
the investigation of the person suspected of or during the pendency of
the trial of the person charged with any of the said crimes, as the case
may be and their use or disposition while the case is pending shall be
subject to the approval of the court before which the case or cases are
pending.
Section 41. Disposition of the Seized, Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Record. If the
person suspected of or charged with the crime of terrorism or
conspiracy to commit terrorism is found, after his investigation, to be
innocent by the investigating body, or is acquitted, after his arraignment
or his case is dismissed before his arraignment by a competent court, the
seizure, sequestration and freezing of his bank deposits, placements,
trust accounts, assets and records shall forthwith be deemed lifted by
the investigating body or by the competent court, as the case may be
• And his bank deposits, placements, trust accounts, assets and
records shall be deemed released from such seizure,
sequestration and freezing, and
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• shall be restored to him without any delay by the bank or
financial institution concerned without any further action on
his part.
• The filing of any appeal on motion for reconsideration shall
not state the release of said funds from seizure, sequestration
and freezing.
If the person charged with the crime of terrorism or conspiracy to
commit terrorism is convicted by a final judgment of a competent trial
court, his seized, sequestered and frozen bank deposits, placements,
trust accounts, assets and records shall be automatically forfeited in
favor of the government.
Damages in case of acquittal. Upon his or her acquittal or the
dismissal of the charges against him or her, the amount of Five hundred
thousand pesos (P500.000.00) a day for the period in which his
properties, assets or funds were seized shall be paid to him on the
concept of liquidated damages. The amount shall be taken from the
appropriations of the police or law enforcement agency that caused the
filing of the enumerated charges against him/her.
Section 45. Immunity and Protection of Government Witnesses. The
provisions of Republic Act No. 6981 (Witness Protection, Security and
Benefits Act) to the contrary notwithstanding, the immunity of
government witnesses testifying under this Act shall be governed by
Sections 17 and 18 of Rule 119 of the Rules of Court:
• Provided, however, That said witnesses shall be entitled to
benefits granted to witnesses under said Republic Act
No.6981.
Section 48. In cases of terrorism or conspiracy to commit terrorism, the
judge shall set the continuous trial on a daily basis from Monday to
Friday or other short-term trial calendar so as to ensure speedy trial.
Section 49. Prosecution Under This Act Shall be a Bar to Another
Prosecution under the Revised Penal Code or any Special Penal
Laws. When a person has been prosecuted under a provision of this
Act, upon a valid complaint or information or other formal charge
sufficient in form and substance to sustain a conviction and after the
accused had pleaded to the charge, the acquittal of the accused or the
dismissal of the case shall be a bar to another prosecution for any offense
or felony which is necessarily included in the offense charged under this
Act.
Section 50. Damages for Unproven Charge of Terrorism. Upon
acquittal, any person who is accused of terrorism shall be entitled to the
payment of damages in the amount of Five hundred thousand pesos
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(P500,000.00) for every day that he or she has been detained or to any contrary provision of any law of preferential application, the
deprived of liberty or arrested without a warrant as a result of such an provisions of this Act shall apply:
accusation. 1. to individual persons who commit any of the crimes defined
• The amount of damages shall be automatically charged against and punished in this Act within the terrestrial domain, interior
the appropriations of the police agency or the Anti-Terrorism waters, maritime zone, and airspace of the Philippines;
Council that brought or sanctioned the filing of the charges 2. to individual persons who, although physically outside the
against the accused. territorial limits of the Philippines, commit, conspire or plot to
• It shall also be released within fifteen (15) days from the date commit any of the crimes defined and punished in this Act
of the acquittal of the accused. inside the territorial limits of the Philippines;
• The award of damages mentioned above shall be without 3. to individual persons who, although physically outside the
prejudice to the right of the acquitted accused to file criminal territorial limits of the Philippines, commit any of the said
or administrative charges against those responsible for crimes on board Philippine ship or Philippine airship;
charging him with the case of terrorism. 4. to individual persons who commit any of said crimes within
any embassy, consulate, or diplomatic premises belonging to
In the event that the amount cannot be covered by the current budget or occupied by the Philippine government in an official
of the police or law enforcement agency concerned, the amount shall be capacity;
automatically included in the appropriations of the said agency for the 5. to individual persons who, although physically outside the
coming year. territorial limits of the Philippines, commit said crimes against
Philippine citizens or persons of Philippines descent, where
Section 51. Duty to Record and Report the Name and Address of the their citizenship or ethnicity was a factor in the commission of
Informant. The police or law enforcement officers to whom the name the crime; and
or a suspect in the crime of terrorism was first revealed shall record the 6. to individual persons who, although physically outside the
real name and the specific address of the informant. territorial limits of the Philippines, commit said crimes directly
against the Philippine government.
• The police or law enforcement officials concerned shall report
the informant's name and address to their superior officer who
shall transmit the information to the Congressional Oversight
Committee or to the proper court within five days after the
suspect was placed under arrest or his properties were
sequestered, seized or frozen.
• The name and address of the informant shall be considered
confidential and shall not be unnecessarily revealed until after
the proceedings against the suspect shall have been terminated.
Section 52. Applicability of the Revised Penal Code. The provisions
of Book I of the Revised Penal Code shall be applicable to this Act.
Section 57. Ban on Extraordinary Rendition. No person suspected or
convicted of the crime of terrorism shall be subjected to extraordinary
rendition to any country unless his or her testimony is needed for
terrorist related police investigations or judicial trials in the said country
and unless his or her human rights, including the right against torture,
and right to counsel, are officially assured by the requesting country and
transmitted accordingly and approved by the Department of Justice.
Section 58. Extra-Territorial Application of this Act. Subject to the
provision of an existing treaty of which the Philippines is a signatory and
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