Ateneo de Manila University

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

Reviewer in other up. A candle loses nothing by lighting another
candle.
SPECIAL PENAL LAWS ---
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: November 25, 2019

INTRODUCTION
MALA IN SE V MALA PROHIBITA
MALA IN SE MALA PROHIBITA
Acts that are naturally Wrongful only because
wrongful/inherently prohibited by statute
immoral*
Criminal intent required Criminal intent not required
Serious effects on society as Violates only rules of
to 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
1 @thejoannev
ad majorem dei gloriam
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 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
SPECIAL PENAL LAWS
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
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
JO VALLES
INTRODUCTION
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
4. Mitigating or aggravating circumstances not applied to
offenses punishable under special laws.
• Example: voluntary plea of guilt not a mitigating
circumstance under special laws
5. When the special law adopted penalties from the RPC,
the rules for graduating penalties by degrees or
determining the proper period should be applied.
6. There are no accessory penalties unless the special law
provides it.
• The one with the hitting of the child. Where the
special 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
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ad majorem dei gloriam SPECIAL PENAL LAWS
Indeterminate Sentence Law will apply just as it period of reclusion temporal, such
would in felonies. Sanchez v People technical term under the RPC is not given
• The one with the illegal recruiter. In imposing to that penalty for carnapping]
the penalty, the provisions of the Revised Penal • The one with the TPO. R.A. No. 9262 expressly
Code on the application of the circumstances that provides for the suppletory application of the RPC.
could modify the criminal liability of an accused Hence, the principle of conspiracy under Article 8
cannot be considered, these provisions being of the RPC may be applied suppletorily to R.A. No.
inapplicable to special laws. People v Saley 9262. Go-Tan v Tan
• 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
o [While it is true that the penalty of 14 years
and 8 months to 17 years and 4 months is
virtually equivalent to the minimum
JO VALLES
ISLAW ad majorem dei gloriam SPECIAL PENAL LAWS

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

Last Edit: November 25, 2019

ISLAW
1. The Board of Pardons and Parole is authorized to adopt
such rules and regulations as may be necessary for
carrying out its functions and duties.
2. The Board is empowered to call upon any bureau,
office, branch, subdivision, agency or instrumentality
of the Government for such assistance as it may need
in connection with the performance of its functions.
Board meetings (Section 4):
1. A majority of all the members shall constitute a
quorum and a majority vote shall be necessary to arrive
at a decision.
2. Any dissent from the majority opinion shall be reduced
to writing and filed with the records of the proceedings.
3. Each member of the Board, including the Chairman
and the Executive Officer, shall be entitled to receive
as compensation fifty pesos for each meeting actually
attended by him, and in addition thereto,
reimbursement of actual and necessary traveling
expenses incurred in the performance of duties:
4. Board meetings will not be more than three times a
week
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,
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ad majorem dei gloriam
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
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
SPECIAL PENAL LAWS
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.
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
ad majorem dei gloriam
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.
• 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.
Last Edit: November 25, 2019
SPECIAL PENAL LAWS
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.
• 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.
PROBATION LAW
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;
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
6 @thejoannev
ad majorem dei gloriam
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
SPECIAL PENAL LAWS
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.
JO VALLES
PROBATION LAW
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.
ad majorem dei gloriam SPECIAL PENAL LAWS
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.

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;
• 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

7 @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
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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.
There were conflicting views regarding the interpretation of the
prohibition of imposing death penalty especially about
attempted and frustrated crimes, and with respect to
accomplices and accessories. The confusion arises where the
penalty imposed by the law involves (or is) death. The reason
is because the RPC, especially Art 71 on the scale of penalties,
makes reference to the penalty imposed on the principals in
consummated crimes.
• View #1: The conservative view: graduation of
penalties remains unaffected. The penalties imposed
for crimes at the frustrated or attempted stage, or that
of accomplices or accessories are not affected.
• View #2: The penalties imposed for crimes at the
frustrated or attempted stage, or that of accomplices or
accessories are lowered.
Example: Let us say X and Y were tried for the crime. X was
charged as a principal for having directly participated in the
kidnapping. Y was charged as an accomplice for having
allowed X to use his house to detain the victim, even though Y
was abroad at the time of the crime and 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
SPECIAL PENAL LAWS
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.
• Reason. When CA affirmed RTC’s decision, RA 9346
was not yet in effect, and therefore the imposable
penalty on consummated rape is death. As such, the
penalty imposable on attempted is 2 degrees lower than
death, which is reclusion temporal.
• In view of RA 9346. The determination of his penalty
for attempted rape shall be reckoned not from two
degrees lower than death, but two degrees lower than
reclusion perpetua. Hence, the maximum term of his
penalty shall no longer be reclusion temporal, as ruled
by the Court of Appeals, but instead, prision mayor.
Doctrine: The negation of the word death as previously
inscribed in Article 71 [scale of penalties] will have the effect
of appropriately downgrading the proper penalties attaching to
accomplices, accessories, frustrated and attempted felonies to
the level consistent with the rest of our penal laws. To have
another interpretation would result to an absurd situation
wherein the penalty for a consummated crime and a frustrated
crime punishable by death would be the same.
JO VALLES
PRESCRIPTION
PRESCRIPTION
ACT NO. 3326
Prescriptive period for violations penalized by special acts
and municipal ordinances
Special acts. Acts defining and penalizing violations of the law
not included in the Penal Code.
Section 1
Violations penalized by special acts shall, unless otherwise
provided in such acts, prescribe after:
1 year offenses punished only by a
fine or by imprisonment for
not more than one month, or
both;
4 years punished by imprisonment
for more than one month, but
less than two years;
8 years punished by imprisonment
for two years or more, but
less than six years;
12 years punished by imprisonment
for six years or more, except
the crime of treason, which
shall prescribe after twenty
years.
Violations penalized by municipal ordinances shall prescribe
after two months.
Section 2
When period begins to run
Prescription shall begin to run:
1. From the day of the commission of the violation of the
law
2. From the discovery thereof and the institution of
judicial proceeding for its investigation and
punishment, if the day of commission is unknown
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When interrupted. The prescription shall be interrupted when
proceedings are instituted against the guilty person and shall
begin to run again if the proceedings are dismissed for reasons
not constituting jeopardy.
The one where Citibank violated the SRC. Act No. 3326 is
the law applicable offenses under special laws which do not
provide their own prescriptive offenses under special laws
which do not provide their own prescriptive periods. In this
case Act No. 3326 was applied to determine if the offense has
already prescribed because the prescriptive period in the
Securities Regulation Code pertained only to the enforcement
of civil liabilities, and not criminal actions. Citibank v Tanco
Gabaldon.
The one with Kokoy Romualdez; absence does not toll
running of 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 period. The obvious inference is that
the legislature did not consider the absence of the accused from
the Philippines as a hindrance thereto or intend to make it as
such. Hence, the absence of Kokoy from the PH from 1986 to
2000 did not prevent the running of the prescriptive period. To
rule otherwise would be tantamount to judicial legislation.
Romualdez v Marcelo
• Carpio’s dissent. Apply RPC suppletorily: Absence
from PH archipelago will toll prescriptive period. The
accused should not have the sole discretion of
preventing his own prosecution by the simple
expedient of escaping from the State's jurisdiction.
The one with Kokoy Romualdez; file complaint in the
appropriate body. PCGG conducted a preliminary
investigation over the alleged violation of the Kokoy
Romualdez of RA 3019. PCGG also filed the complaint before
Sandiganbayan. The offense does not fall under PCGG and it
was an unauthorized body to file the complaint before SB.
Hence, these proceedings did not toll the running of
SPECIAL PENAL LAWS
prescriptive period. For the proceeding to interrupt the
prescriptive period, it must be filed or initiated by the offended
party before the appropriate body or office. Romualdez v
Marcelo
Proceedings that interrupt prescriptive period; special
laws. The principle in felonies violating the RPC that the filing
of the complaint in the Municipal Court even if it be merely for
purposes of preliminary examination or investigation interrupts
the period of prescription of the criminal responsibility, even if
the court where the complaint or information is filed cannot try
the case on the merits, is applicable in crimes punished by
special laws. People v Pangilinan
Proceedings that interrupt prescriptive period; municipal
ordinances. The rule is different in municipal ordinances. A
crime may prescribe even if the complaint is filed seasonably
with the prosecutor’s office if the judicial proceedings are not
instituted within 2 months from the commission or discovery,
as the case may be. For violations of ordinances, the
prescriptive period continues to run until the filing of the
Information.
Proceedings that interrupt prescriptive period;
municipal ordinances; the one with the clamped cars.
The wheels of an illegally parked car were clamped for
violating a city ordinance. 16 days after, a complaint was
filed before the Office of the City Prosecutor, but the
information was filed before the Court more than 2
months after. The SC held that the filing was beyond the
2-month prescriptive period provided under Act 3326 for
violations of ordinances. Jadewell v Lidua
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
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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.
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
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SPECIAL PENAL LAWS
‘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.
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
JO VALLES
JUVENILE JUSTICE WELFARE ACT
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 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
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• 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 prevent detection and boxing
AAA to weaken her defense. People v Jacinto
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SPECIAL PENAL LAWS
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
JO VALLES
JUVENILE JUSTICE WELFARE ACT
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 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).
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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.
• 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;
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SPECIAL PENAL LAWS
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 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
JO VALLES
JUVENILE JUSTICE WELFARE ACT
▪ 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
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with the law under suspended sentence, without need Credit in service of sentence.
of application: The child in conflict with the law shall be credited in the
• The suspension of sentence shall still be applied even services of his/her sentence with the full time spent in actual
if the juvenile is already eighteen years (18) of age or commitment and detention under this act.
more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various Section 42
circumstances of the child, the court shall impose the Probation as an alternative to imprisonment.
appropriate disposition measures as provided in the Supreme The court may, after it shall have convicted and sentenced a
Court Rule on Juveniles in Conflict with the Law. child in conflict with the law, and upon application at any time,
place the child on probation in lieu of service of his/her
Section. 39. Discharge of the Child in Conflict with the Law sentence taking into account the best interest of the child.
Upon the recommendation of the social worker who has • For this purpose, section 4 of presidential decree no.
custody of the child, the court shall dismiss the case against the 968, otherwise known as the "probation law of 1976",
child whose sentence has been suspended and against whom is hereby amended accordingly.
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
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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
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ad majorem dei gloriam SPECIAL PENAL LAWS
name and other personal circumstances for the same
purpose or purposes; Exception:
5. Delay. Delaying the prosecution of criminal cases by 1. If any of the foregoing acts is committed by a public
obstructing the service of process or court orders or official or employee, he shall, in addition to the
disturbing proceedings in the fiscal's offices, in penalties provided thereunder, suffer perpetual
tanodbayan or in the courts disqualification from holding public office.
6. False records. Making, presenting or using any record, 2. If any of the acts mentioned herein is penalized by any
document, paper or object with knowledge of its falsity other law with a higher penalty, the higher penalty shall
and with intent to affect the course or outcome of the be imposed
investigation of, or official proceedings in, criminal
cases;
7. 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.
@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.
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ad majorem dei gloriam
• 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.
• 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 Mala prohibita- good faith
may be raised as a defense may not be raised as a defense
When one is convicted, that is, When one is convicted, he is
he possesses a stolen item convicted as a principal.
with 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
@thejoannev
SPECIAL PENAL LAWS
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
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.
JO VALLES
ANTI-FENCING ACT
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 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
16
ad majorem dei gloriam
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 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.
@thejoannev
SPECIAL PENAL LAWS
• 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
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
JO VALLES
ANTI-FENCING ACT
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 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.
17
ad majorem dei gloriam SPECIAL PENAL LAWS
Dimat v People • Should know. These words denote the fact that a person
PD 1612 is a special law that punishes fencing as defined therein. of reasonable prudence and intelligence would ascertain
its violation is regarded as malum prohibitum, requiring no the fact in performance of his duty to another or would
criminal intent. Nevertheless, the prosecution must prove that the govern his conduct upon assumption that such fact exists.
accused knew or should have known that the Nissan Safari he • Knowledge refers to a mental state of awareness about a
acquired and later sold to Delgado was derived from theft or fact. Since the court cannot penetrate the mind of an
robbery and that he intended to obtain some gain out of his acts.
accused and state with certainty what is contained therein,
it must determine such knowledge with care from the
Dizon-Pamintuan v People overt acts of that person. And given two equally plausible
Does the presumption that mere possession of any good, article, states of cognition or mental awareness, the court should
item, object, or anything of value which has been the subject of choose the one which sustains the constitutional
robbery or thievery shall be prima facie evidence of fencing run presumption of innocence.
afoul to the constitutional presumption of innocence? No.
• It has been frequently decided, in case of statutory crimes, De la Torre v COMELEC
that no constitutional provision is violated by a statute Circumstances normally exist to forewarn, for instance, a
providing that proof by the state of some material fact or reasonably vigilant buyer that the object of the sale may have been
facts shall constitute prima facie evidence of guilt, and derived from the proceeds of robbery or theft. Such circumstances
that then the burden is shifted to the defendant for the include the time and place of the sale, both of which may not be in
purpose of showing that such act or acts are innocent and accord with the usual practices of commerce. The nature and
are committed without unlawful intention.
condition of the goods sold, and the fact that the seller is not
• The state having the right to declare what acts are
regularly engaged in the business of selling goods may likewise
criminal, within certain well defined limitations, has a
right to specify what act or acts shall constitute a crime, suggest the illegality of their source, and therefore should caution
as well as what act or acts shall constitute a crime, as well the buyer.
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
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.
• 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.
@thejoannev JO VALLES
ANTI-TORTURE ACT ad majorem dei gloriam SPECIAL PENAL LAWS

ANTI-TORTURE ACT d. Cigarette burning; burning by electrically a. Blindfolding;

heated rods, hot oil, acid; by the rubbing of b. Threatening a person(s) or his/her relative(s)
RA 9745
pepper or other chemical substances on with bodily harm, execution or other wrongful
An act penalizing torture and other cruel, inhuman and
mucous membranes, or acids or spices directly acts;
degrading treatment or punishment and prescribing penalties
on the wound(s); c. Confinement in solitary cells or secret
therefor
e. The submersion of the head in water or water detention places;
November 10, 2009
polluted with excrement, urine, vomit and/or d. Prolonged interrogation;
blood until the brink of suffocation; e. Preparing a prisoner for a "show trial", public
Page 925 codal
f. Being tied or forced to assume fixed and display or public humiliation of a detainee or
Section 4. Acts of Torture
stressful bodily position; prisoner;
Torture refers to an act by which severe pain or suffering,
g. Rape and sexual abuse, including the insertion f. Causing unscheduled transfer of a person
whether physical or mental, is intentionally inflicted on a
of foreign objects into the sex organ or rectum, deprived of liberty from one place to another,
person for such purposes as:
or electrical torture of the genitals; creating the belief that he/she shall be
1. obtaining from him/her or a third person information
h. Mutilation or amputation of the essential parts summarily executed;
or a confession;
of the body such as the genitalia, ear, tongue, g. Maltreating a member/s of a person's family;
2. punishing him/her for an act he/she or a third person
etc.; h. Causing the torture sessions to be witnessed by
has committed or is suspected of having committed; or
i. Dental torture or the forced extraction of the the person's family, relatives or any third party;
3. intimidating or coercing him/her or a third person; or
teeth; i. Denial of sleep/rest;
4. for any reason based on discrimination of any kind,
j. Pulling out of fingernails; j. Shame infliction such as stripping the person
when such pain or suffering is inflicted by or at the instigation
k. Harmful exposure to the elements such as naked, parading him/her in public places,
of or with the consent or acquiescence of a person in authority
sunlight and extreme cold; shaving the victim's head or putting marks on
or agent of a person in authority.
l. The use of plastic bag and other materials his/her body against his/her will;
• It does not include pain or suffering arising only from,
placed over the head to the point of k. Deliberately prohibiting the victim to
inherent in or incidental to lawful sanctions.
asphyxiation; communicate with any member of his/her
For purposes of this Act, torture shall include, but not be limited
m. The use of psychoactive drugs to change the family; and
to, the following:
perception, memory, alertness or will of a l. Other analogous acts of mental/psychological
1. Physical torture- a form of treatment or punishment
person, such as: torture.
inflicted by a person in authority or agent of a person
i. The administration of drugs to induce
in authority upon another in his/her custody that causes
confession and/or reduce mental Other cruel, inhuman and degrading treatment or
severe pain, exhaustion, disability or dysfunction of
competency; or punishment refers to a deliberate and aggravated treatment or
one or more parts of the body, such as:
ii. The use of drugs to induce extreme punishment not enumerated under Section 4 of this Act,
a. Systematic beating, headbanging, punching,
pain or certain symptoms of a disease; inflicted by a person in authority or agent of a person in
kicking, striking with truncheon or rifle butt or
and authority against a person under his/her custody, which attains
other similar objects, and jumping on the
n. Other analogous acts of physical torture; and a level of severity causing suffering, gross humiliation or
stomach;
2. Mental/Psychological Torture- refers to acts debasement to the latter.
b. Food deprivation or forcible feeding with
committed by a person in authority or agent of a person
spoiled food, animal or human excreta and
in authority which are calculated to affect or confuse
other stuff or substances not normally eaten; Section 6
the mind and/or undermine a person's dignity and
c. Electric shock; Freedom from torture and other cruel, inhuman, and
morale, such as:
degrading treatment or punishment is an absolute right

18 @thejoannev JO VALLES
ANTI-TORTURE ACT
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 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.
19
ad majorem dei gloriam
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 right to demand physical examination by
an independent and competent doctor of his/her own choice.
@thejoannev
SPECIAL PENAL LAWS
• 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).
JO VALLES
ANTI-TORTURE ACT
• 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
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.
20
ad majorem dei gloriam SPECIAL PENAL LAWS
Section 22 reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already
Applicability of the RPC imposed shall be reduced to reclusion perpetua.
The provisions of the Revised Penal Code insofar as they are 2. The employment of physical, psychological, or
applicable shall be suppletory to this Act. degrading punishment against any prisoner or detainee
• If the commission of any crime punishable under Title or the use of substandard or inadequate penal facilities
Eight (Crimes Against Persons) and Title Nine (Crimes under subhuman conditions shall be dealt with by law.
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
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
@thejoannev JO VALLES
VIOLENCE AGAINST WOMEN AND CHILDREN ACT
VIOLENCE AGAINST WOMEN AND
CHILDREN
Republic act no. 9262
An act defining violence against women and their children,
providing for protective measures for victims, prescribing
penalties therefor, and for other purposes
Page 432 codal
Violence against women and their children refers to any act
or a series of acts committed by any person against a woman
who is:
a. his wife,
b. former wife, or
c. against a woman with whom the person has or had a
sexual or dating relationship, or
d. with whom he has a common child,
or against her child:
a. whether legitimate or illegitimate,
b. within or without the family abode,
which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty.
It includes, but is not limited to, the following acts:
1. Physical violence- refers to acts that include bodily or
physical harm
2. Sexual violence- an act sexual in nature, committed
against a woman or her child
a. rape, sexual harassment, acts of
lasciviousness, treating a woman or her child
as a sex object, making demeaning and
sexually suggestive remarks, physically
attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications
and indecent shows or forcing the woman or
her child to do indecent acts and/or make films
21
ad majorem dei gloriam
thereof, forcing the wife and mistress/lover to
live in the conjugal home or sleep together in
the same room with the abuser;
b. acts causing or attempting to cause the victim
to engage in any sexual activity by force, threat
of force, physical or other harm or threat of
physical or other harm or coercion;
c. Prostituting the woman or her child
3. Psychological violence- refers to acts or omissions
causing or likely to cause mental or emotional
suffering of the victim such as but not limited to
a. intimidation, harassment, stalking, damage to
property, public ridicule or humiliation,
repeated verbal abuse and marital infidelity.
b. It includes causing or allowing the victim to
witness the physical, sexual or psychological
abuse of a member of the family to which the
victim belongs, or to witness pornography in
any form or to witness abusive injury to pets or
to unlawful or unwanted deprivation of the
right to custody and/or visitation of common
children.
4. Economic abuse- refers to acts that make or attempt to
make a woman financially dependent such as:
a. withdrawal of financial support or preventing
the victim from engaging in any legitimate
profession, occupation, business or activity,
except in cases wherein the other
spouse/partner objects on valid, serious and
moral grounds as defined in Article 73 of the
Family Code;
b. deprivation or threat of deprivation of financial
resources and the right to the use and
enjoyment of the conjugal, community or
property owned in common;
c. destroying household property
d. controlling the victim's own money or
properties or solely controlling the conjugal
money or properties.
@thejoannev
SPECIAL PENAL LAWS
Some terms defined
1. Battery refers to an act of inflicting physical harm
upon the woman or her child resulting to physical and
psychological or emotional distress.
2. Battered woman syndrome refers to a scientifically
defined pattern of psychological and behavioral
symptoms found in women living in battering
relationships as a result of cumulative abuse.
3. Stalking refers to an intentional act committed by a
person who, knowingly and without lawful justify
cation follows the woman or her child or places the
woman or her child under surveillance directly or
indirectly or a combination thereof.
4. Dating relationship refers to a situation wherein the
parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on
a continuing basis during the course of the relationship.
o A casual acquaintance or ordinary
socialization between two individuals in a
business or social context is not a dating
relationship.
5. Sexual relations refers to a single sexual act which
may or may not result in the bearing of a common
child.
6. Safe place or shelter refers to any home or institution
maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other
agency or voluntary organization accredited by the
DSWD for the purposes of this Act or any other
suitable place the resident of which is willing
temporarily to receive the victim.
7. Children refer to those below eighteen (18) years of
age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610.
As used in this Act, it includes:
a. the biological children of the victim and
b. other children under her care.
Section 5
JO VALLES
VIOLENCE AGAISNT WOMEN AND THEIR CHILDREN ACT ad majorem dei gloriam SPECIAL PENAL LAWS
Acts of violence against women and children i. Causing mental or emotional anguish, public ridicule 5. Police officers, preferably those in charge of women
The crime of violence against women and their children is or humiliation to the woman or her child, including, but and children's desks;
committed through any of the following acts: not limited to, repeated verbal and emotional abuse, 6. Punong barangay or barangay kagawad
a. Causing physical harm to the woman or her child and denial of financial support or custody of minor 7. Lawyer, counselor, therapist or healthcare provider of
b. Threatening to cause the woman or her child physical children or denial of access to the woman's the petitioner;
harm; child/children. 8. At least two (2) concerned responsible citizens of the
c. Attempting to cause the woman or her child physical city or municipality where the violence against women
harm; Section 24 and their children occurred and who has personal
d. Placing the woman or her child in fear of imminent Prescriptive period knowledge of the offense committed.
physical harm • Acts falling under Sections 5(a) to 5(f) shall prescribe
e. Attempting to compel or compelling the woman or her in twenty (20) years. SUMMARY OF RULES FOR PROTECTION ORDERS
child to engage in conduct which the woman or her • Acts falling under Sections 5(g) to 5(i) shall prescribe BPO TPO PPO
child has the right to desist from or to desist from in ten (10) years. Where to file Barangay RTC, MTC, MeTC,
conduct which the woman or her child has the right to MCTC with territorial
engage in Section 8 jurisdiction over the place
f. Inflicting or threatening to inflict physical harm on Protection orders of residence of petitioner
oneself for the purpose of controlling her actions or A protection order is an order issued under this Act for the Enforceability Barangay Anywhere in the PH
decisions Who issues Punong Court Court
purpose of preventing further acts of violence against a woman
g. Causing or attempting to cause the woman or her child barangay, in
or her child specified in Section 5 of this Act and granting other
his absence,
to engage in any sexual activity which does not necessary relief. barangay
constitute rape, by force or threat of force, physical • The relief granted under a protection order should kagawad
harm, or through intimidation directed against the serve the purpose of safeguarding the victim from Ex parte / / Notice &
woman or her child or her/his immediate family further harm, minimizing any disruption in the victim's hearing
h. Engaging in purposeful, knowing, or reckless conduct, daily life, and facilitating the opportunity and ability of reqd
personally or through another, that alarms or causes the victim to independently regain control over her life. Effectivity 15 days 30 days Forever
substantial emotional or psychological distress to the • The protection orders that may be issued under this Act Violation 30 days Contempt of court
woman or her child are the: imprisonment
1. Stalking or following the woman or her child o barangay protection order (BPO), Bond to keep x Should respondent fail to
in public or private places; o temporary protection order (TPO) and the peace give the bond, detain for
2. Peering in the window or lingering outside the o permanent protection order (PPO). not exceeding 6 months
residence of the woman or her child; for acts punished by 5(a-
3. Entering or remaining in the dwelling or on the f), and 30 days for acts
Section 9
property of the woman or her child against under 5(g-i)
Who may file petition for protection orders
her/his will; 1. The offended party;
4. Destroying the property and personal Section 10
2. Parents or guardians of the offended party;
belongings or inflicting harm to animals or Where to apply for a protection order
3. Ascendants, descendants or collateral relatives within
pets of the woman or her child; and 1. Applications for BPOs shall follow the rules on venue
the fourth civil degree of consanguinity or affinity;
5. Engaging in any form of harassment or under Section 409 of the Local Government Code of
4. Officers or social workers of the DSWD or social
violence; 1991 and its implementing rules and regulations
workers of local government units;

22 @thejoannev JO VALLES
VIOLENCE AGAISNT WOMEN AND THEIR CHILDREN ACT
2. An application for a TPO or PPO may be filed in the
a. regional trial court,
b. metropolitan trial court,
c. municipal trial court,
d. municipal circuit trial court with territorial
jurisdiction over the place of residence of the
petitioner:
Provided, however, that if a family court exists in the place of
residence of the petitioner, the application shall be filed with
that court.
Section 12
Enforceability of protection orders
All TPOs and PPOs issued under this Act shall be enforceable
anywhere in the Philippines and a violation thereof shall be
punishable with a fine ranging from Five Thousand Pesos
(P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
Section 11
How to apply for a protection order
1. The application for a protection order must be:
a. In writing,
b. signed and
c. verified under oath by the applicant
2. It may be filed as an independent action or as an
incidental relief in any civil or criminal case the subject
matter or issues thereof partakes of a violence as
described in this Act
3. A standard protection order application form, written
in English with translation to the major local
languages, shall be made available to facilitate
applications for protection orders, and shall contain,
among others, the following information:
a. names and addresses of petitioner and
respondent
b. description of relationships between petitioner
and respondent
23
ad majorem dei gloriam
c. a statement of the circumstances of the abuse;
d. description of the reliefs requested by
petitioner as specified in Section 8 herein
e. request for counsel and reasons for such
f. request for waiver of application fees until
hearing; and
g. an attestation that there is no pending
application for a protection order in another
court.
Applicant not the victim. If the applicant is not the victim, the
application must be accompanied by an affidavit of the
applicant attesting to
1. the circumstances of the abuse suffered by the victim
2. the circumstances of consent given by the victim for
the filing of the application.
When disclosure of address will bring danger. When
disclosure of the address of the victim will pose danger to her
life, it shall be so stated in the application.
• In such a case, the applicant shall attest that the victim
is residing in the municipality or city over which court
has territorial jurisdiction and shall provide a mailing
address for purposes of service processing.
An application for protection order filed with a court shall be
considered an application for both a TPO and PPO.
Assistance. Barangay officials and court personnel shall assist
applicants in the preparation of the application. Law
enforcement agents shall also extend assistance in the
application for protection orders in cases brought to their
attention.
Section 14
Barangay protection orders
BPOs refer to the protection order issued by the Punong
barangay ordering the perpetrator to desist from committing
acts under Section 5(a) and (b) of this Act.
a. Causing physical harm to the woman or her child
@thejoannev
SPECIAL PENAL LAWS
b. Threatening to cause the woman or her child physical
harm;
When issued. A Punong barangay who receives applications
for a BPO shall issue the protection order to the applicant on
the date of filing after ex parte determination of the basis of the
application.
When barangay kagawad may issue BPO. If the Punong
barangay is unavailable to act on the application for a BPO, the
application shall be acted upon by any available Barangay
Kagawad.
• If the BPO is issued by a Barangay Kagawad, the order
must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay was unavailable at
the time for the issuance of the BPO.
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.
JO VALLES
VIOLENCE AGAISNT WOMEN AND THEIR CHILDREN ACT
• 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 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.
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ad majorem dei gloriam
• 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 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.
@thejoannev
SPECIAL PENAL LAWS
• 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.
JO VALLES
VIOLENCE AGAISNT WOMEN AND THEIR CHILDREN ACT
Section 38
Exemption from payment of docket fee and other expenses
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
25
ad majorem dei gloriam
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 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
@thejoannev
SPECIAL PENAL LAWS
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:
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
JO VALLES
VIOLENCE AGAISNT WOMEN AND THEIR CHILDREN ACT ad majorem dei gloriam SPECIAL PENAL LAWS
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.

26 @thejoannev JO VALLES
ANTI-SEXUAL HARRASSMENT ACT ad majorem dei gloriam SPECIAL PENAL LAWS

ANTI-SEXUAL HARRASSMENT 2. The refusal to grant the sexual favor results in limiting, 2. provide the procedures for the resolution, settlement or
segregating or classifying the employee which in any prosecution of acts of sexual harassment
ACT OF 1995 way would discriminate, deprive or diminish
RA 7877 employment opportunities or otherwise adversely Towards this end, the employer or head of office shall:
Page 537 codal affect said employee; 1. Promulgate appropriate rules and regulations in
3. The above acts would impair the employee's rights or consultation with and jointly approved by the
Section 3 privileges under existing labor laws; or employees or students or trainees, through their duly
Work, education or training-related sexual harassment 4. The above acts would result in an intimidating, hostile, designated representatives, prescribing the procedure
Work, education or training-related sexual harassment is or offensive environment for the employee for the investigation of sexual harassment cases and the
committed by an: administrative sanctions therefor.
1. Employer, Sexual harassment in an education or training a. Administrative sanctions shall not be a bar to
2. Employee, environment. This is committed: prosecution in the proper courts for unlawful
3. Manager, 1. Against one who is under the care, custody or acts of sexual harassment.
4. Supervisor, supervision of the offender; b. The said rules and regulations issued pursuant
5. Agent of the employer, 2. Against one whose education, training, apprenticeship to this subsection (a) shall include, among
6. Teacher, or tutorship is entrusted to the offender; others, guidelines on proper decorum in the
7. Instructor, 3. When the sexual favor is made a condition to the giving workplace and educational or training
8. Professor, of a passing grade, or the granting of honors and institutions.
9. Coach, scholarships or the payment of a stipend, allowance or 2. Create a committee on decorum and investigation of
10. Trainor, or other benefits, privileges, or considerations; or cases on sexual harassment. The committee shall
11. Any other person who, having authority, influence or 4. When the sexual advances result in an intimidating, conduct meetings and xxx the investigation of alleged
moral ascendancy over another hostile or offensive environment for the student, cases constituting sexual harassment.
In a work or training or education environment, demands, trainee or apprentice. a. Committee in a work-related environment.
requests or otherwise requires any sexual favor from the other The committee shall be composed of at least
Other persons liable. Any person who: (1) representative each from the management,
Acceptance not required. Sexual harassment is committed 1. directs or induces another to commit any act of sexual the union, if any, the employees from the
regardless of whether the demand, request or requirement for harassment as herein defined, or supervisory rank, and from the rank and file
submission is accepted by the object of said act. 2. who cooperates in the commission thereof by another employees.
without which it would not have been committed, b. Committee in an education or training
Sexual harassment in a work-related or employment shall also be held liable under this Act institution. The committee shall be composed
environment. This is committed when: of at least one (1) representative from the
1. The sexual favor is made as a condition: administration, the trainors, teachers,
a. In the hiring or in the employment, re- instructors, professors or coaches and students
employment or continued employment of said Section 4 or trainees, as the case may be.
individual, or Duty of the employer or head of office in a work-related,
b. In granting said individual favorable education or training environment Section 5
compensation, terms, conditions, promotions, It shall be their duty to: Liability of the employer, head of office, education or
or privileges; or 1. prevent or deter the commission of acts of sexual training institution
harassment, and

27 @thejoannev JO VALLES
ANTI-SEXUAL HARRASSMENT ACT
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.
• The one with the horny professor. Holding and
squeezing Domingo's shoulders, running his fingers
across her neck and tickling her ear, having
inappropriate conversations with her, giving her money
allegedly for school expenses with a promise of future
privileges, and making statements with unmistakable
sexual overtones — all these acts 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
28
ad majorem dei gloriam SPECIAL PENAL LAWS
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, petitioner would not have been able to take
undue liberalities on the person of Juliet had it not been
for his high position in the City Health Office of
Cagayan de Oro City
@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
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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.
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;
@thejoannev
SPECIAL PENAL LAWS
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.
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;
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ANTI-CHILD PORNOGRAPHY ACT ad majorem dei gloriam
3. Ascendant or collateral relative within the third particulars of users who gained
degree of consanguinity; or attempted to gain access to an
internet address which contains
4. Officer, social worker or representative of a licensed
any form of child pornography
child-caring institution;
5. Officer or social worker of the Department of Social Install available technology,
Welfare and Development (DSWD); program or software to ensure
6. Local social welfare development officer; that access to or transmittal of
7. Barangay chairman; (h) Any law enforcement officer; any form of child pornography
will be blocked or filtered
8. At least three (3) concerned responsible citizens
Mall owners/operators and Notify the PNP or the NBI
residing in the place where the violation occurred; or owners or lessors of other within seven (7) days from
9. Any person who has personal knowledge of the business establishments obtaining facts and
circumstances of the commission of any offense under circumstances that child
this Act. pornography is being
committed in their premises
Section 8 Conclusive presumption of
Jurisdiction knowledge. That public display
Jurisdiction over cases for the violation of this Act shall be of any form of child
vested in the Family Court which has territorial jurisdiction pornography within their
over the place where the offense or any of its essential elements premises is a conclusive
presumption of the knowledge
was committed pursuant to Republic Act No. 8369, otherwise of the mall owners/operators
known as "Family Courts Act of 1997". and owners or lessors of other
business establishments of the
Sections 9, 10, and 11 violation of this Act
Duties of an internet service provider, mall
Disputable presumption. That
owners/operators and owners or lessors of other business
a disputable presumption of
establishments; internet content host knowledge by mall
owners/operators and owners or
Internet service provider Notify the PNP or the NBI lessors of other business
within 7 days from obtaining establishments is established if,
facts and circumstances that any through the exercise of ordinary
form of child pornography is diligence, mall
being committed using its owners/operators and owners or
server or facility. lessors of other business
establishments should know or
Preserve such evidence for reasonably know that a
purposes of investigation or violation of this Act is being
prosecution by relevant committed in their premises.
authorities
Photo developers, information
Upon the request of proper technology professionals, credit
authorities, furnish the card companies and banks and
30 @thejoannev
Internet content host
Section 13
Confidentiality
SPECIAL PENAL LAWS
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
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.
JO VALLES
ANTI-CHILD PORNOGRAPHY ACT
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 and read a copy of the protection
order; that he/she submits to the jurisdiction of
the court with respect to the protective order;
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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
ascendant, guardian, step- be in its maximum duration:
parent or collateral relative
within the third degree of But this provision shall not
consanguinity or affinity or apply to Section 4 (g) of this
any person having control or Act;
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 The penalty provided for in
officer or employee this Act shall be imposed in its
maximum duration
Section 17
Confiscation and forfeiture of the proceeds, tools, and
instruments used in child pornography
@thejoannev
SPECIAL PENAL LAWS
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.
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.
JO VALLES
ANTI-CHILD ABUSE ACT ad majorem dei gloriam SPECIAL PENAL LAWS

CHILD ABUSE The best interests of children shall be the paramount b. Working under conditions hazardous to life,
consideration in all actions concerning them, whether safety and morals which unduly interfere with
RA 7610, RA 7658, RA 9231
undertaken by public or private social welfare institutions, their normal development;
Outline of the law:
courts of law, administrative authorities, and legislative bodies, c. Living in or fending for themselves in the
1. Child prostitution and other sexual abuse
consistent with the principle of First Call for Children as streets of urban or rural areas without the care
2. Child trafficking
enunciated in the United Nations Convention on the Rights of of parents or a guardian or any adult
3. Obscene publications and indecent shows
the Child. Every effort shall be exerted to promote the welfare supervision needed for their welfare;
4. Other acts of abuse
of children and enhance their opportunities for a useful and d. Being a member of an indigenous cultural
happy life. community and/or living under conditions of
RA 7610
extreme poverty or in an area which is
Special Protection of Children Against Abuse, Exploitation
Section 3 underdeveloped and/or lacks or has inadequate
and Discrimination Act
Definition of terms access to basic services needed for a good
Page 365 codal
1. Children. Refers to person below eighteen (18) years quality of life;
of age or those over but are unable to fully take care of e. Being a victim of a man-made or natural
Section 2
themselves or protect themselves from abuse, neglect, disaster or calamity; or
As amended by RA 9231
cruelty, exploitation or discrimination because of a f. Circumstances analogous to those above-
It is hereby declared to be the policy of the State to:
physical or mental disability or condition stated which endanger the life, safety or
1. Provide special protection to children from all forms of
2. Child abuse. Refers to the maltreatment, whether normal development of children
abuse, neglect, cruelty, exploitation and
habitual or not, of the child which includes any of the
discrimination, and other conditions prejudicial to their
following: CHILD PROSTITUTION AND OTHER SEXUAL
development including child labor and its worst forms;
a. Psychological and physical abuse, neglect, ABUSE
2. provide sanctions for their commission and carry out a
cruelty, sexual abuse and emotional
program for prevention and deterrence of and crisis
maltreatment; Section 5
intervention in situations of child abuse, exploitation
b. Any act by deeds or words which debases, Child prostitution and other sexual abuse
and discrimination.
degrades or demeans the intrinsic worth and Children, whether male or female, who for money, profit, or
dignity of a child as a human being any other consideration or due to the coercion or influence of
State intervention. The State shall intervene on behalf of the
c. Unreasonable deprivation of his basic needs any adult, syndicate or group, indulge in sexual intercourse or
child when the parent, guardian, teacher or person having care
for survival, such as food and shelter; lascivious conduct, are deemed to be children exploited in
or custody of the child fails or is unable to protect the child
d. Failure to immediately give medical treatment prostitution and other sexual abuse
against abuse, exploitation and discrimination or when such
to an injured child resulting in serious
acts against the child are committed by the said parent,
impairment of his growth and development or The penalty of reclusion temporal in its medium period to
guardian, teacher or person having care and custody of the
in his permanent incapacity or death. reclusion perpetua shall be imposed upon the following:
same.
3. Circumstances which gravely threaten or endanger a. Those who engage in or promote, facilitate or induce
the survival and normal development of children. child prostitution which include, but are not limited to,
It shall be the policy of the State to protect and rehabilitate
These include, but are not limited to, the following: the following:
children gravely threatened or endangered by circumstances
a. Being in a community where there is armed (1) Acting as a procurer of a child prostitute;
which affect or will affect their survival and normal
conflict or being affected by armed conflict- (2) Inducing a person to be a client of a child prostitute
development and over which they have no control.
related activities; by means of written or oral advertisements or other
similar means;

32 @thejoannev JO VALLES
ANTI-CHILD ABUSE ACT
(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 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.
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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 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;
@thejoannev
SPECIAL PENAL LAWS
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.
JO VALLES
ANTI-CHILD ABUSE ACT
OTHER ACTS OF ABUSE
Section 10
Other acts of neglect, abuse, cruelty, or exploitation
and other conditions prejudicial to the child’s
development
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
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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,
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
@thejoannev
SPECIAL PENAL LAWS
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.
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
JO VALLES
ANTI-CHILD ABUSE ACT
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.
Section 14
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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.
@thejoannev
SPECIAL PENAL LAWS
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 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
JO VALLES
ANTI-CHILD ABUSE ACT
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.
• 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.
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• 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
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
@thejoannev
SPECIAL PENAL LAWS
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 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
JO VALLES
ANTI-CHILD ABUSE ACT
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
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income amount to at 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
@thejoannev
SPECIAL PENAL LAWS
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 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
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ANTI-CHILD ABUSE ACT
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.
• 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
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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 modified the decision to Child Abuse
under RA 7610 in view of the age of the victim. It was wrong for
the CA to do so. It should have just affirmed the conviction.
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
@thejoannev
SPECIAL PENAL LAWS
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.
Influence. This is the improper use of power or trust in any way
that deprives a person of free will and substitutes another’s
objective.
Coercion. This is the improper use of power to compel another to
submit to the wishes of one who wields it.
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ANTI-TRAFFICKING IN PERSONS ACT ad majorem dei gloriam SPECIAL PENAL LAWS

ANTI-TRAFFICKING IN PERSONS or pattern, intended to cause a person to believe that if he or she

The following shall also be considered as trafficking in persons did not enter into or continue in such condition, he or she or
ACT OF 2003 even if it does not involve any of the means set forth in the another person would:
RA 9208, as amended by RA 10364, preceding paragraph: 1. suffer serious harm or
Expanded anti-trafficking in persons act of 2012 1. The recruitment, transportation, transfer, harboring, 2. other forms of abuse or physical restraint,
adoption or receipt of a child for the purpose of 3. or threat of abuse or harm, or
Section 3 exploitation or 4. coercion including depriving access to travel
Definition of terms 2. When the adoption is induced by any form of documents and withholding salaries, or
The ones in blue are the amendments consideration for exploitative purposes 5. the abuse or threatened abuse of the legal process.
Trafficking in persons. This refers to the:
1. Recruitment Child. This refers to a person: Sex tourism. This refers to a program organized by travel and
2. Obtaining 1. below eighteen (18) years of age or tourism-related establishments and individuals which consists
3. Hiring 2. one who is over eighteen (18) but is unable to fully take of tourism packages or activities, utilizing and offering escort
4. Providing care of or protect himself/herself from abuse, neglect, and sexual services as enticement for tourists.
5. Offering cruelty, exploitation, or discrimination because of a • This includes sexual services and practices offered
6. Transportation, physical or mental disability or condition. during rest and recreation periods for members of the
7. Transfer military.
8. Maintaining Prostitution. This refers to any act, transaction, scheme or
9. Harboring, or design involving the use of a person by another, for sexual Sexual exploitation. This refers to participation by a person in
10. Receipt intercourse or lascivious conduct in exchange for money, profit prostitution, pornography, or the production of pornographic
of persons with or without the victim's consent or knowledge, or any other consideration. materials in exchange for money, profit, or other consideration,
within or across national borders by means of: or participation is caused or facilitated by any means of:
1. threat or Forced labor and slavery. These refer to the extraction of 1. threat,
2. use of force, or work or services from any person by means of: 2. deception,
3. other forms of coercion, 1. enticement, 3. coercion,
4. abduction, 2. violence, 4. abduction,
5. fraud, 3. intimidation or threat, 5. force,
6. deception, 4. use of force or coercion, including deprivation of 6. abuse of authority,
7. abuse of power or of position, freedom, abuse of authority or moral ascendancy, debt- 7. debt bondage,
8. taking advantage of the vulnerability of the persons, bondage or deception 8. fraud or
9. the giving or receiving of payments or benefits including any work or service extracted from any person under 9. through abuse of a victim's vulnerability.
to achieve the consent of a person having control over another the menace of penalty. 10. Or giving or receiving of benefits to achieve the
person for the purpose of exploitation which includes at a consent of a person having control over another person
minimum, the Slavery. This refers to the status or condition of a person over or
1. exploitation or whom any or all of the powers attaching to the right of In sexual intercourse or lascivious conduct caused or facilitated
2. the prostitution of others or ownership are exercised. by any means provided in this Act.
3. other forms of sexual exploitation,
4. forced labor or services, slavery, servitude or Involuntary servitude. This refers to a condition of enforced Debt bondage. This refers to the pledging by the debtor of:
5. the removal or sale of organs. and compulsory service induced by means of any scheme, plan 1. his/her personal services or labor or

39 @thejoannev JO VALLES
ANTI-TRAFFICKING IN PERSONS ACT
2. those of a person under his/her control
as security or payment for a debt, when:
1. the length and nature of services is not clearly defined
or
2. when the value of the services as reasonably assessed
is not applied toward the liquidation of the debt.
Pornography. This refers to any representation, through
publication, exhibition, cinematography, indecent shows,
information technology, or by whatever means, of a person
engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily
sexual purposes.
Section 4
Acts of trafficking in persons
1. Direct. To recruit, obtain, hire, provide, offer,
transport, transfer, maintain, harbor, provide, or
receive a person by any means, including those done
under the pretext of domestic or overseas employment
or training or apprenticeship, for the purpose of
prostitution, pornography, 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
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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
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
@thejoannev
SPECIAL PENAL LAWS
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
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ANTI-TRAFFICKING IN PERSONS ACT
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
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
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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;
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.
@thejoannev
SPECIAL PENAL LAWS
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.
a. Syndicate. Trafficking is deemed committed
by a syndicate if carried out by a group of three
(3) or more persons conspiring or
confederating with one another.
b. Large scale. It is deemed committed in large
scale if committed against three (3) or more
persons, individually or as a group
4. Relationship. When the offender is a spouse, an
ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when
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ANTI-TRAFFICKING IN PERSONS ACT
the offense is committed by a public officer or
employee;
5. Military. When the trafficked person is recruited to
engage in prostitution with any member of the military
or law enforcement agencies;
6. Military offender. When the offender is a member of
the military or law enforcement agencies; and
7. HIV/AIDS. When by reason or on occasion of the act
of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with
Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS).
8. When the offender commits one or more violations of
Section 4 over a period of sixty (60) or more days,
whether those days are continuous or not;
9. When the offender directs or through another manages
the tracking victim in carrying out the exploitative
purpose of trafficking
Section 7
Confidentiality
Law enforcement officers, prosecutors and judges to whom the
complaint has been referred may, whenever necessary to ensure
a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-
door investigation, prosecution or trial.
• In cases when prosecution or trial is conducted behind
closed-doors, it shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television
and radio, producer and director of a film in case of the
movie industry, or any person utilizing tri-media
facilities or information technology to cause publicity
of any case of trafficking in persons.
The name and personal circumstances of the trafficked person
or of the accused, or any other information tending to establish
their identities and such circumstances or information shall not
be disclosed to the public.
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ad majorem dei gloriam SPECIAL PENAL LAWS
Section 14
Section 8 Confiscation and forfeiture of the proceeds and
Who may file a complaint for trafficking instruments of the crime
1. Any person who has personal knowledge of the In addition to the penalty imposed for the violation of this Act,
commission of any offense under this Act, the court shall order the confiscation and forfeiture, in favor of
2. the trafficked person, the government, of all the proceeds and properties derived from
3. the parents, the commission of the crime, unless they are the property of a
4. spouse, third person not liable for the unlawful act.
5. siblings, • Provided: That all awards for damages shall be taken
6. children or from the personal and separate properties of the
7. legal guardian offender
• If such properties are insufficient, the balance shall be
Section 9 taken from the confiscated and forfeited properties
Venue When the proceeds, properties and instruments of the offense
A criminal action arising from violation of this Act shall be have been:
filed: 1. destroyed, diminished in value or otherwise rendered
1. where the offense was committed, or worthless by any act or omission, directly or indirectly,
2. where any of its elements occurred, or of the offender or
3. where the trafficked person actually resides at the time 2. it has been concealed, removed, converted or
of the commission of the offense transferred to prevent the same from being found or to
That the court where the criminal action is first filed shall avoid forfeiture or confiscation,
acquire jurisdiction to the exclusion of other courts. the offender shall be ordered to pay the amount equal to the
value of the proceeds, property or instruments of the offense
Section 12
Prescriptive period Section 17
Trafficking cases under this act shall prescribe in 10 years. Legal protection to trafficked persons; consent irrelevant
• But when committed by a syndicate or in a large scale, Trafficked persons shall be recognized as victims of the act or
it shall prescribe in 20 years. acts of trafficking and as such shall not be penalized for crimes
Reckoning period. The prescriptive period shall commence to directly related to the acts of trafficking enumerated in this Act
run from the day on which the trafficked person is delivered or or in obedience to the order made by the trafficker in relation
released from the conditions of bondage or in the case of a child thereto. In this regard, the consent of a trafficked person to the
victim, from the day the child reaches the age of majority intended exploitation set forth in this Act shall be irrelevant.
Interruption of period. Interrupted by the filing of the Section 17-B
complaint or information and shall commence to run again Irrelevance of past sexual behavior, opinion thereof, or
when such proceedings terminate without the accused being reputation of victims and consent of victims in cases of
convicted or acquitted or are unjustifiably stopped for any deception, coercion, and other prohibited means
reason not imputable to the accused. The past sexual behavior or the sexual predisposition of a
tracked person shall be considered inadmissible in evidence for
@thejoannev JO VALLES
ANTI-TRAFFICKING IN PERSONS ACT
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 to appropriate protection,
assistance and services available to trafficked persons under
this Act:
• Provided, that they shall be permitted continued
presence in the Philippines for a length of time
prescribed by the Council as necessary to effect the
prosecution of offenders.
Section 26
Extradition
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
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ad majorem dei gloriam SPECIAL PENAL LAWS
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 employed by perpetrators of human
trafficking, and even without the use of coercive,
abusive, or deceptive means, a minor’s consent is not
given out of his or her own free will.
• No sex needed to consummate offense. The act of
"sexual intercourse" need not have been consummated
for the mere transaction i.e., that 'solicitation' for sex
and the handing over of the "bust money" of
Php1,000.00 already consummated the said act.
@thejoannev JO VALLES
MIGRANT WORKERS AND OFW ACT
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;
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ad majorem dei gloriam
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
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.
@thejoannev
SPECIAL PENAL LAWS
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;
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
JO VALLES
MIGRANT WORKERS AND OFW ACT
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.
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.
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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 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
@thejoannev
SPECIAL PENAL LAWS
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)
JO VALLES
MIGRANT WORKERS AND OFW ACT
calendar days after the filing of the 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
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ad majorem dei gloriam
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
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
@thejoannev
SPECIAL PENAL LAWS
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
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.
JO VALLES
MIGRANT WORKERS AND OFW ACT
• 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.
• 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.
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ad majorem dei gloriam SPECIAL PENAL LAWS
• This also shifts the burden of going after the foreign liabilities. It does not change the fact that the
employer from the overseas worker to the local accused recruited Lolita to work in Malaysia
employment agency. However, it must be emphasized without the requisite POEA license, thus
that the local agency that is held to answer for the constituting the crime of illegal recruitment.
overseas worker's money claims is not left without o Worse, the accused deceived her by saying that
her work in Malaysia would be as restaurant
remedy. The law does not preclude it from going after
entertainer, when in fact, Lolita would be
the foreign employer for reimbursement of whatever
working as a prostitute, thus constituting the
payment it has made to the employee to answer for the crime of trafficking.
money claims against the foreign employer. Trafficking in persons. This includes act of recruitment and
not just transportation of victims. As such, even if one of the
People v Lalli accused did not accompany the victim and 2 other accused to
The 3 accused were convicted of Trafficking in Persons and Malaysia, he can be liable under this law.
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 ------END OF MIDTERM COVERAGE----
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 criminal
@thejoannev JO VALLES
DANGEROUS DRUGS ACT
COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002
RA 9165, as amended by RA 10640
Article 1
Definition of Terms
Administer. Any act of
1. introducing any dangerous drug into the body of any
person, with or without his/her knowledge by:
a. injection,
b. inhalation,
c. ingestion or
d. other means, or of
2. committing any act of indispensable assistance to a person
in administering a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for purposes of
medication.
Chemical diversion. The sale, distribution, supply or transport of
legitimately imported, in-transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or in
concentrated form, to any person or entity engaged in the manufacture
of any dangerous drug, and shall include packaging, repackaging,
labeling, relabeling or concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits, misdeclaration,
use of front companies or mail fraud
Clandestine laboratory. Any facility used for the illegal
manufacture of any dangerous drug and/or controlled precursor and
essential chemical.
Confirmatory Test. An analytical test using a device, tool or
equipment with a different chemical or physical principle that is more
specific which will validate and confirm the result of the screening
test.
Controlled Delivery. The investigative technique of allowing an
unlawful or suspect consignment of any dangerous drug and/or
controlled precursor and essential chemical, equipment or
paraphernalia, or property believed to be derived directly or indirectly
from any offense, to pass into, through or out of the country under the
supervision of an authorized officer, with a view to gathering
48
ad majorem dei gloriam
evidence to identify any person involved in any dangerous drugs
related offense, or to facilitate prosecution of that offense.
Controlled Precursors and Essential Chemicals. Include those
listed in Tables I and II of the 1988 UN Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances as enumerated
in the attached annex, which is an integral part of this Act.
Cultivate or Culture. Any act of knowingly planting, growing,
raising, or permitting the planting, growing or raising of any plant
which is the source of a dangerous drug
Dangerous Drugs. Include those listed in the Schedules annexed to
the 1961 Single Convention on Narcotic Drugs, as amended by the
1972 Protocol, and in the Schedules annexed to the 1971 Single
Convention on Psychotropic Substances as enumerated in the
attached annex which is an integral part of this Act.
Deliver. Any act of knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with or without
consideration.
Den, Dive or Resort. A place where any dangerous drug and/or
controlled precursor and essential chemical is administered,
delivered, stored for illegal purposes, distributed, sold or used in any
form.
Dispense. Any act of giving away, selling or distributing medicine or
any dangerous drug with or without the use of prescription.
Drug Dependence. As based on the World Health Organization
definition, it is a cluster of physiological, behavioral and cognitive
phenomena of variable intensity, in which the use of psychoactive
drug takes on a high priority thereby involving, among others, a
strong desire or a sense of compulsion to take the substance and the
difficulties in controlling substance - taking behavior in terms of its
onset, termination, or levels of use.
Drug Syndicate. Any organized group of two (2) or more persons
forming or joining together with the intention of committing any
offense prescribed under this Act.
Financier. Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this Act.
@thejoannev
SPL
Manufacture. The production, preparation, compounding or
processing of any dangerous drug and/or controlled precursor and
essential chemical, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis,
and shall include any packaging or repackaging of such substances,
design or configuration of its form, or labeling or relabeling of its
container; except that such terms do not include the preparation,
compounding, packaging or labeling of a drug or other substances by
a duly authorized practitioner as an incident to his/her administration
or dispensation of such drug or substance in the course of his/her
professional practice including research, teaching and chemical
analysis of dangerous drugs or such substances that are not intended
for sale or for any other purpose.
Cannabis or commonly known as “Marijuana” or “Indian
Hemp” or by its any other name. – Embraces every kind, class,
genus, or specie of the plant Cannabis sativa L. including, but not
limited to, Cannabis americana, hashish, bhang, guaza, churrus and
ganjab, and embraces every kind, class and character of marijuana,
whether dried or fresh and flowering, flowering or fruiting tops, or
any part or portion of the plant and seeds thereof, and all its
geographic varieties, whether as a reefer, resin, extract, tincture or in
any form whatsoever.
Methylenedioxymethamphetamine (MDMA) or commonly known
as “Ecstasy”, or by its any other name. – Refers to the drug having
such chemical composition, including any of its isomers or
derivatives in any form.
Methamphetamine Hydrochloride or commonly known as
“Shabu”, “Ice”, “Meth”, or by its any other name. Refers to the drug
having such chemical composition, including any of its isomers or
derivatives in any form.
Opium. Refers to the coagulated juice of the opium poppy (Papaver
somniferum L.) and embraces every kind, class and character of
opium, whether crude or prepared; the ashes or refuse of the same;
narcotic preparations thereof or therefrom; morphine or any alkaloid
of opium; preparations in which opium, morphine or any alkaloid of
opium enters as an ingredient; opium poppy; opium poppy straw; and
leaves or wrappings of opium leaves, whether prepared for use or not.
JO VALLES
DANGEROUS DRUGS ACT
Opium Poppy. Refers to any part of the plant of the species Papaver
somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
bracteatum and Papaver rhoeas, which includes the seeds, straws,
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
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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 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.
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SUBJECT
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 (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;
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DANGEROUS DRUGS ACT
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,
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.
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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
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
@thejoannev
SUBJECT
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 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:
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DANGEROUS DRUGS ACT
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
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
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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,
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
@thejoannev
SUBJECT
(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.
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.
JO VALLES
DANGEROUS DRUGS ACT
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
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
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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 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
@thejoannev
SUBJECT
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, 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.
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DANGEROUS DRUGS ACT
• 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 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;
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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 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.
@thejoannev
SUBJECT
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 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
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DANGEROUS DRUGS ACT
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, the judgment shall, if the accused is certified by the
treatment and rehabilitation center to have maintained good behavior,
54
ad majorem dei gloriam
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
@thejoannev
SUBJECT
escape again, he/she 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.
JO VALLES
DANGEROUS DRUGS ACT
SEC. 67. Discharge After Compliance with Conditions of
Suspended Sentence of a First-Time Minor Offender. – If the
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
55
ad majorem dei gloriam
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 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
@thejoannev
SUBJECT
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.
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
JO VALLES
DANGEROUS DRUGS ACT
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.
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
56
ad majorem dei gloriam
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 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.
@thejoannev
SUBJECT
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
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
JO VALLES
DANGEROUS DRUGS ACT
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
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
57
ad majorem dei gloriam SUBJECT
Section 23 of RA 9165 is unconstitutional for it violates the doctrine 3. If there is no justification or explanation expressly declared
of separation of powers by encroaching upon the rule-making power in the sworn statements or affidavits, the investigating fiscal
of the Supreme Court under the constitution. Plea-bargaining is must not immediately file the case before the court. Instead,
procedural in nature and it is within the sole prerogative of the he or she must refer the case for further preliminary
Supreme Court. The power to promulgate rules concerning the investigation in order to determine the (non) existence of
protection and enforcement of constitutional rights, pleading, probable cause.
4. If the investigating fiscal filed the case despite such absence,
practice, and procedure in all courts belongs exclusively to the
the court may exercise its discretion to either refuse to issue
Supreme Court. Rules on plea bargaining neither create a right nor a commitment order (or warrant of arrest) or dismiss the case
take away a vested right. Instead, it operates as a means to implement outright for lack of probable cause in accordance with
an existing right by regulating the judicial process for enforcing rights Section 5,40 Rule 112, Rules of Court.
and duties recognized by substantive law and for justly administering
remedy and redress for disregard or infraction of them. People v Padua
The fact that the persons who had possession or custody of the subject
People v Lim drugs, such as Forensic Chemist Rivera-Dagasdas and the alleged
Lim and Gorres were apprehended because of possession and illegal investigator, were not presented as witnesses to corroborate the
sale of Shabu. However, no representative from the media and apprehending officer’s testimony is not essential. The matter of
barangay officials were present during the apprehension and, nobody presentation of witnesses by the prosecution is not for the court to
arrived to witness the inventory-taking. The inventory receipt was decide. The prosecution has the discretion as to how to present its case
also not signed by the accused. WON Lim is can be convicted. NO. It and it has the right to choose whom it wishes to present as witnesses.
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.
@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.
58
ad majorem dei gloriam
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
2. makes arrangements for payment in full by the drawee
of such check
within (5) banking days after receiving notice that such check
has not been paid by the drawee.
Section 3
Duty of drawee; rules of evidence.
It shall be the duty of the drawee of any check, when refusing
to pay the same to the holder thereof upon presentment, to cause
to be written, printed, or stamped in plain language thereon, or
attached thereto, the reason for drawee's dishonor or refusal to
pay the same:
• Provided, That where there are no sufficient funds in
or credit with such drawee bank, such fact shall always
be explicitly stated in the notice of dishonor or refusal.
In all prosecutions under this Act, the introduction in evidence
of any unpaid and dishonored check, having the drawee's
refusal to pay stamped or written thereon or attached thereto,
with the reason therefor as aforesaid, shall be prima facie
evidence of the making or issuance of said check, and the due
presentment to the drawee for payment and the dishonor
thereof, and that the same was properly dishonored for the
reason written, stamped or attached by the drawee on such
dishonored check.
• Notwithstanding receipt of an order to stop payment,
the drawee shall state in the notice that there were no
sufficient funds in or credit with such bank for the
payment in full of such check, if such be the fact.
Section 4
Credit construed. - The word "credit" as used herein shall be
construed to mean an arrangement or understanding with the
bank for the payment of such check.
@thejoannev
SPECIAL PENAL LAW
Section 5
Liability under the Revised Penal Code. Prosecution under this
Act shall be without prejudice to any liability for violation of
any provision of the Revised Penal Code.
Malum prohibitum; law punishes the act of issuing
worthless checks, regardless of underlying transaction.
True, it is common practice in commercial transactions to
require debtors to issue checks on which creditors must rely as
guarantee of payment, or as evidence of indebtedness, if not a
mode of payment. But to determine the reason for which checks
are issued, or the terms and conditions for their issuance, will
greatly erode the faith the public reposes in the stability and
commercial value of checks as currency substitutes, and bring
about havoc in trade and in banking communities. So, what the
law punishes is the issuance of a bouncing check and not the
purpose for which it was issued nor the terms and conditions
relating to its issuance. The mere act of issuing a worthless
check is malum prohibitum. Llamado v CA
Lim v People
BP 22 is malum prohibitum. The gravamen of B. P. No. 22 is the
act of making and issuing a worthless check or one that is dishonored
upon its presentment for payment. The act is malum prohibitum,
pernicious and inimical to public welfare. Why and to whom the
check was issued is irrelevant in determining culpability. The terms
and conditions surrounding the issuance of the checks are also
irrelevant.
Nierras v dacuycuy
Single act of issuing worthless check may give rise to
liability under BP 22 and estafa under RPC. What is
prohibited is not the prosecution for the same act, but the
prosecution for the same offense. This is because a single
criminal act can give rise to multiplicity of offenses and where
is variance of elements, there can be no double jeopardy. The
following are the differences between BP 22 and estafa:
BP 22 Estafa
Check issued for a present or Check is issued for a pre-
existing obligation existing obligation
JO VALLES
INCREASONG THE PENALTY FOR CERTAIN FORMS OF ESTAFA ad majorem dei gloriam
Crime against public Crime against property territory or another. Accordingly, Pampanga also has
interest; Injury to the entire jurisdiction.
banking system
Mala prohibitum Mala in se Llamado v CA
Elements: Elements: It was company practice for the treasurer to sign blank checks
1. Mere issuance of a 1. Issuance of a check and leave them with the president to allow the latter to make
check w/o sufficient in payment of an disbursements even in the absence of the treasurer. One of such
funds obligation checks were issued and subsequently dishonored for lack of
2. Dishonor by the contracted at the funds. Can the treasurer be convicted notwithstanding the fact
that he merely signed the check without being involved in the
drawee time the check was
issued transaction for which it was issued? Yes.
2. Lack of funds Knowledge is a state of mind and is difficult to prove; hence
3. Damage the law presumes knowledge. The law presumes that the
drawer had knowledge of the insufficiency of his funds in or
Wong v CA credit with the bank at the time of the issuance and on the
Wong issued 6 post-dated checks to guarantee payment of his check's presentment for payment. Petitioner failed to rebut the
customers. However, the agreement was later on changed in presumption by paying the amount of the check within five (5)
that the checks will no longer serve as guarantee, but rather, banking days from notice of the dishonor. His claim that he
they are to serve as payment for Wong’s prior unremitted signed the check in blank which allegedly is common business
collections. The checks were dishonored. Assuming all other practice, is hardly a defense. As Treasurer of the corporation
elements of BP 22 are present, can Wong be convicted? Yes. who signed the check in his capacity as an officer of the
What BP 22 punishes is the issuance of a bouncing check corporation, lack of involvement in the negotiation for the
and not the purpose for which it was issued nor the terms and transaction is not a defense.
conditions relating to its issuance.
Svendensen v People
People v Grospe Oral notice of dishonor and demand to pay not sufficient
Subject checks were issued in Bulacan, delivered to SMC for conviction. Both the letter and the spirit of the Law require
Regional Office in Pampanga, and dishonored by the PDB not only the fact of dishonor, but also that the accused has been
Bulacan Branch. RTC Pampanga dismissed the case for lack of notified in writing of such fact. If no notice is given to the
jurisdiction. Proper? No. maker or drawer of the check or if there is no proof as to when
Estafa and BP 22 are transitory offenses and may be tried in such notice was received, the presumption of knowledge
the place where any of the essential elements took place. provided in Section 2 cannot arise, since there would be no way
• Estafa. The damage was inflicted in Bulacan, where of reckoning the crucial 5-day period.
the check was dishonored. Deceit took place in
Pampanga, where it was delivered to the finance Proof of receipt required as well. Not only must there be
officer, the person intended to be a holder of the check. written notice of dishonor or demand letters, but there must also
Either court may take cognizance. be proof of receipt thereof that is property authenticated, and
• BP 22. BP 22 penalizes the making, drawing, and not mere registered receipt and/or return receipt.
issuing of worthless checks, which happened in
Bulacan. The dishonor also took place in Bulacan. People v Nitafan
Knowledge is also an essential element, which is a BP 22 applies to memorandum checks. A memorandum
continuing eventuality, whether the accused is in one check is in the form of an ordinary check, with the word
SPECIAL PENAL LAW
“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

59 @thejoannev JO VALLES
INCREASONG THE PENALTY FOR CERTAIN FORMS OF ESTAFA
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, 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
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ad majorem dei gloriam SPECIAL PENAL LAW
accepted the judgment of the trial court and applied for 3. Should only a fine be imposed and the accused be
probation to evade a prison term. unable to pay the fine, there is no legal obstacle to the
application of the Revised Penal Code provisions on
subsidiary imprisonment.
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.
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;
@thejoannev JO VALLES
INCREASONG THE PENALTY FOR CERTAIN FORMS OF ESTAFA
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.
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.
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ad majorem dei gloriam SPECIAL PENAL LAW
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
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.
@thejoannev JO VALLES
ARSON
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.
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ad majorem dei gloriam SPECIAL PENAL LAW
Trailers having any number of wheels, when propelled or Penalties. Any person who is found guilty of carnapping shall,
intended to be propelled by attachment to a motor vehicle, shall regardless of the value of the motor vehicle taken, be punished
be classified as a separate motor vehicle with no power rating by:
Overhauling refers to the cleaning or repairing of the whole imprisonment for not less carnapping is committed
engine of a motor vehicle by separating the motor engine and than twenty (20) years and without violence against or
its parts from the body of the motor vehicle
one (1) day but not more than intimidation of persons, or
thirty (30) years force upon things
Repainting refers to changing the color of a motor vehicle by
means of painting. imprisonment for not less carnapping is committed by
• There is painting whenever the new color of a motor than thirty (30) years and one means of violence against or
vehicle is different from its color registered in the Land (1) day but not more than intimidation of persons, or
forty (40) years force upon things
Transportation Office (LTO)
life imprisonment when the owner, driver, or
Remodeling refers to the introduction of some changes in the occupant of the carnapped
shape or form of the body of the motor vehicle motor vehicle is killed or
raped in the commission of
Second hand spare parts refer to the parts taken from a the carnapping
carnapped vehicle used in assembling another vehicle
Foreign Nationals. Foreign nationals convicted under the
Total wreck refers to the state or status of a motor vehicle after provisions of this Act shall be deported immediately after
a vehicular accident or other incident, so that it is rendered in
service of sentence without further proceedings by the Bureau
operational and beyond economic repair due to the extent of
of Immigration. Section 18.
damage in its body, chassis and engine
When bail shall be denied. Any person charged with
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 carnapping or when the crime of carnapping is committed by:
to another vehicle. a. criminal groups, gangs or syndicates or
• It is presumed illegally transferred when the motor b. by means of violence or intimidation of any person or
vehicle plate does not correspond with that as persons or forced upon things; or
appearing in the certificate of registration of the motor c. when the owner, driver, passenger or occupant of the
vehicle to which it was issued carnapped vehicle is killed or raped in the course of the
carnapping
Carnapping. The taking, with intent to gain, of a motor vehicle shall be denied bail when the evidence of guilt is strong.
belonging to another without the latter’s consent, or by means
of violence against or intimidation of persons, or by using force Reward. Any person who voluntarily gives information leading
upon things. Section 3 to the recovery of carnapped vehicles and for the apprehension
of the persons charged with carnapping shall be given monetary
reward as the PNP may determine. The PNP shall include in
@thejoannev JO VALLES
ARSON
their annual budget the amount necessary to carry out the
purposes of this section. Any information given by informers
shall be treated as confidential matter. Section 19.
Section 4
Concealment of Carnapping. Any person who conceals
carnapping 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 vehicle, motor vehicle engine,
or any other part involved in the violation.
When committed by a juridical person. If the person
violating any provision of this Act is a juridical person, the
penalty herein provided shall be imposed on its:
a. president,
b. secretary, and/or
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
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ad majorem dei gloriam
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 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.
@thejoannev
SPECIAL PENAL LAW
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,
JO VALLES
ARSON
or a vehicle proceeding 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
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ad majorem dei gloriam
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 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.
@thejoannev
SPECIAL PENAL LAW
• 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 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
JO VALLES
ARSON
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 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;
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ad majorem dei gloriam SPECIAL PENAL LAW
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.
@thejoannev JO VALLES
ARSON
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:
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ad majorem dei gloriam
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.
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
Robbery/Brigandage its 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
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SPECIAL PENAL LAW
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.
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
JO VALLES
ARSON
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.
ad majorem dei gloriam SPECIAL PENAL LAW
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.

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 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

67 @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
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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 (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.
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SPECIAL PENAL LAW
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:
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.
JO VALLES
ARSON
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.
• 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.
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ad majorem dei gloriam
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 is essential when
the lack of direct testimony would result in setting a
felon free.
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SPECIAL PENAL LAW
The following are the requisites for circumstantial evidence to
be sufficient for a conviction:
1. There is more than one circumstance;
2. The facts from which the inferences are derived have
been proven; and
3. 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. Thus,
to justify a conviction based on circumstantial
evidence, the combination of circumstances must be
interwoven in such a way as to leave no reasonable
doubt as to the guilt of the accused.
Must be alleged in the information. To convict the accused
of arson 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
JO VALLES
ARSON ad majorem dei gloriam SPECIAL PENAL LAW
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
the building, the resulting homicide may be absorbed by the
crime of arson.

People v Macabando
Accused burned his own house, but the conflagration spread to
other neighboring houses, killing 5 members of one family. CA
convicted him of destructive arson under Article 320. Proper?
No. The crime is only Simple Arson under PD 1613 Section
3(2), which covers intentional burning of inhabited house or
dwelling.
Simple arson regardless of number of victims. That the act
of the accused affected many families will not convert the crime
to destructive arson, since the appellant’s act does not appear
to be heinous or represents a greater degree of perversity and
viciousness when compared to those punished under Article
320 of the RPC.

70 @thejoannev JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM 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 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
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ad majorem dei gloriam
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 part
against the 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
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,
@thejoannev
SPECIAL PENAL LAW
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.
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
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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:
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
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ad majorem dei gloriam
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.
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
@thejoannev
SPECIAL PENAL LAW
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:
• 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.
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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
by an affidavit of the law enforcement authority executing it stating the
dates and times covered by the examination, and the law enforcement
authority who may access the deposit, among other relevant data.
• The law enforcement authority shall also certify 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 package deposited with the court.
• The package so deposited shall not be opened, or the recordings
replayed, or used in evidence, or then 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.
Section 17. Destruction of Computer Data. Upon expiration of the
periods as provided in Sections 13 and 15, service providers and law
enforcement authorities, as the case may be, shall immediately and
completely destroy the computer data subject of a preservation and
examination.
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Section 18. Exclusionary Rule. Any evidence procured without a valid administrative supervision of the Office of the President, for policy
warrant or beyond the authority of the same shall be inadmissible for any coordination among concerned agencies and for the formulation and
proceeding before any court or tribunal. enforcement of the national cybersecurity plan.
Section 19. Restricting or Blocking Access to Computer Data. When
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.
• There shall be designated special cybercrime courts manned by
specially trained judges to handle cybercrime cases.
CHAPTER VI. INTERNATIONAL COOPERATION
Section 22. General Principles Relating to International Cooperation.
All relevant international instruments on international cooperation in
criminal matters, arrangements agreed on the basis of uniform or
reciprocal legislation, and domestic laws, to the widest extent possible for
the purposes of investigations or proceedings concerning criminal
offenses related to computer systems and data, or for the collection of
evidence in electronic form of a criminal, offense shall be given full force
and effect.
CHAPTER VII. COMPETENT AUTHORITIES
Section 23. Department of Justice (DOJ). There is hereby created an
Office of Cybercrime within the DOJ designated as the central authority
in all matters related to international mutual assistance and extradition.
Section 24. Cybercrime Investigation and Coordinating
Center. There is hereby created, within thirty (30) days from the
effectivity of this Act, an inter-agency body to be known as the
Cybercrime Investigation and Coordinating Center (CICC), under the
@thejoannev JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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
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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.
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
@thejoannev
SPECIAL PENAL LAW
• 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.
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
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
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
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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,
@thejoannev
SPECIAL PENAL LAW
without any valid reason, shall be punished with reclusion
temporal and a fine of 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.
• 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.
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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 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.
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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
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
@thejoannev
SPECIAL PENAL LAW
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.
• 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
JO VALLES
 ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
OFFICIAL GAZETTE PHILIPPINES
OF THE REPUBLIC OF THE
ES UNDER COMMONWEALTH ACT NO. 638
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,
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bizarre or because of its association with some
historical figure, period or event.
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.
@thejoannev
SPECIAL PENAL LAW
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, 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.
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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 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
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possession of an individual other than the licensee and those 2. Rifle which is a shoulder firearm or designed to be fired
with revoked licenses in accordance with the rules and from the shoulder that can discharge a bullet through a
regulations. rifled barrel by different actions of loading, which may
be classified as lever, bolt, or self-loading; and
Major part or components of a firearm refers to the barrel, 3. Shotgun which is a weapon designed, made and
slide, frame, receiver, cylinder or the bolt assembly. The term intended to fire a number of ball shots or a single
projectile through a smooth bore by the action or
also includes any part or kit designed and intended for use in
energy from burning gunpowder.
converting a semi-automatic burst to a full automatic firearm.
Tampered, obliterated, or altered firearm refers to any
Minor parts of a firearm refers to the parts of the firearm
firearm whose serial number or other identification or ballistics
other than the major parts which are necessary to effect and
characteristics have been intentionally tampered with,
complete the action of expelling a projectile by way of
obliterated or altered without authority or in order to conceal its
combustion, except those classified as accessories.
source, identity or ownership.
Thermal weapon sight refers to a battery operated, uncooled
Permit to carry firearm outside of residence refers to a
thermal imaging device which amplifies available thermal
written authority issued to a licensed citizen by the Chief of the
signatures so that the viewed scene becomes clear to the
PNP which entitles such person to carry his/her registered or
operator which is used to locate and engage targets during
lawfully issued firearm outside of the residence for the duration
daylight and from low light to total darkness and operates in
and purpose specified in the authority.
adverse conditions such as light rain, light snow, and dry smoke
or in conjunction with other optical and red dot sights.
Permit to transport firearm refers to a written authority
issued to a licensed citizen or entity by the Chief of the PNP or
ARTICLE II
by a PNP Regional Director which entitles such person or entity
OWNERSHIP AND POSSESSION OF FIREARMS
to transport a particular firearm from and to a specific location
Section 4. Standards and Requisites for Issuance of and
within the duration and purpose in the authority.
Obtaining a License to Own and Possess Firearms. In order
to qualify and acquire a license to own and possess a firearm or
Small arms refer to firearms intended to be or primarily
firearms and ammunition, the applicant must be:
designed for individual use or that which is generally
1. a Filipino citizen,
considered to mean a weapon intended to be fired from the hand 2. at least twenty-one (21) years old and
or shoulder, which are not capable of fully automatic bursts of 3. has gainful work, occupation or business or has filed
discharge, such as: an Income Tax Return (ITR) for the preceding year as
1. Handgun which is a firearm intended to be fired from proof of income, profession, business or occupation.
the hand, which includes: 4. In addition, the applicant shall submit the following
a. A pistol which is a hand-operated firearm certification issued by appropriate authorities attesting
having a chamber integral with or permanently the following:
aligned with the bore which may be self- a. The applicant has not been convicted of any
loading; and crime involving moral turpitude:
b. Revolver which is a hand-operated firearm b. The applicant has passed the psychiatric test
with a revolving cylinder containing chambers administered by a PNP-accredited
for individual cartridges. psychologist or psychiatrist;
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ANTI-PHOTO AND VIDEO VEYEURISM ACT
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
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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:
• 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.
@thejoannev
SPECIAL PENAL LAW
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.
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.
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ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
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:
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• 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 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
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SPECIAL PENAL LAW
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.
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ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
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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.
• 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
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SPECIAL PENAL LAW
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 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.
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ANTI-PHOTO AND VIDEO VEYEURISM ACT
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 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
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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 possession of
a small arm, the former violation shall be absorbed by the latter;
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SPECIAL PENAL LAW
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.
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ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
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
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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 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
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SPECIAL PENAL LAW
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 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,
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ANTI-PHOTO AND VIDEO VEYEURISM ACT
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;
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
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10. By virtue of a court order. • Within one (1) year upon approval of this Act, all
military and law enforcement agencies, government
Section 40. Failure to Notify Lost or Stolen Firearm or Light agencies, LGUs and government-owned or -controlled
Weapon. A fine of Ten thousand pesos (P10,000.00) shall be corporations shall submit an inventory of all their
imposed upon any licensed firearm holder who fails to report firearms and ammunition to the PNP.
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.
@thejoannev JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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
operating as a public utility within the Philippines shall be in
accordance with regulations issued by the Civil Aeronautics
Administration.
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Section 5. As used in this Act responsible for such violation and in addition thereto, the
Explosive shall mean any substance, either solid or liquid, mixture or license of said corporation to do business in the Philippines
single compound, which by chemical reaction liberates heat and gas shall be revoked.
at high speed and causes tremendous pressure resulting in explosion. Any violation of Section four hereof shall be an offense punishable
• The term shall include but not limited to dynamites, with the minimum of the penalty provided in the next preceding
firecrackers, blasting caps, black powders, bursters, paragraph.
percussions, cartridges and other explosive materials, except
bullets for firearm. 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
Flammable is any substance or material that is highly combustible responsible therefor may be held liable in accordance with the
and self-igniting by chemical reaction and shall include but not applicable provisions of the Revised Penal Code.
limited to acrolein, allene, aluminum dyethyl monochloride, and other
aluminum compounds, ammonium chlorate and other ammonium Section 8. Aircraft companies which operate as public utilities or
mixtures and other similar substances or materials. operators of aircraft which are for hire are authorized to open and
investigate suspicious packages and cargoes in the presence of the
Corrosive is any substance or material, either liquid, solid or gaseous, owner or shipper, or his authorized representatives if present; in order
which through chemical reaction wears away, impairs or consumes to help the authorities in the enforcement of the provisions of this
any object. Act: Provided, That if the owner, shipper or his representative refuses
• It shall include but not limited to alkaline battery fluid to have the same opened and inspected, the airline or air carrier is
packed with empty storage battery, allyl chloroformate, authorized to refuse the loading thereof.
allytrichlorosilane, ammonium dinitro-orthocresolate and
other similar materials and substances. Section 9. Every ticket issued to a passenger by the airline or air
carrier concerned shall contain among others the following condition
Poisonous is any substance or materials, except medicinal drug, printed thereon: "Holder hereof and his hand-carried luggage(s) are
either liquid, solid or gaseous, which through chemical reactions kills, subject to search for, and seizure of, prohibited materials or
injuries or impairs a living organism or person, and shall include but substances. Holder refusing to be searched shall not be allowed to
not limited to allyl isothiocyanate, ammunition (chemical, non- board the aircraft," which shall constitute a part of the contract
explosive but containing Class A, B or poison), aniline oil, arsine,
between the passenger and the air carrier.
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
@thejoannev JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
ANTI-GRAFT AND CORRUPT
PRACTICES ACT
Republic Act No. 3019
Approved: August 17, 1960
Section 1. Statement of policy. It is the policy of the Philippine
Government, in line with the principle that a public office is a
public trust, to repress certain acts of public officers and private
persons alike which constitute graft or corrupt practices or
which may lead thereto.
Section 2. Definition of terms. As used in this Act, that term
Government includes:
• the national government,
• the local governments,
• the government-owned and government-controlled
corporations, and
• all other instrumentalities or agencies of the Republic
of the Philippines and their branches.
Public officer includes:
• elective and appointive officials and employees,
• permanent or temporary,
• whether in the classified or unclassified or exempt
service
• receiving compensation, even nominal, from the
government as defined in the preceding subparagraph.
Receiving any gift includes the act of accepting directly or
indirectly a gift from a person other than a member of the
public officer's immediate family, in behalf of:
• himself or
• of any member of his family or
• relative within the fourth civil degree, either by
consanguinity or affinity,
even on the occasion of a family celebration or national
festivity like Christmas, if the value of the gift is under the
circumstances manifestly excessive.
Person
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includes natural and juridical persons, unless the context
indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to
acts or omissions of public officers already penalized by
existing law, the following shall constitute corrupt practices of
any public officer and are hereby declared to be unlawful:
a. Persuading, inducing or influencing another public
officer to perform an act constituting a violation of
rules and regulations duly promulgated by competent
authority or an offense in connection with the official
duties of the latter, or allowing himself to be
persuaded, induced, or influenced to commit such
violation or offense.
b. Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or
transaction between the Government and any other
part, wherein the public officer in his official
capacity has to intervene under the law.
c. Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for
himself or for another, from any person for whom the
public officer, in any manner or capacity, has secured
or obtained, or will secure or obtain, any
Government permit or license, in consideration for
the help given or to be given, without prejudice to
Section thirteen of this Act.
d. Accepting or having any member of his family accept
employment in a private enterprise which has pending
official business with him during the pendency thereof
or within one year after its termination.
e. Causing any undue injury to any party, including the
Government, or giving any private party any
unwarranted benefits, advantage or preference in the
discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith
or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or
government corporations charged with the grant of
licenses or permits or other concessions.
f. Neglecting or refusing, after due demand or
request, without sufficient justification, to act
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SPECIAL PENAL LAW
within a reasonable time on any matter pending
before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter
some pecuniary or material benefit or advantage, or for
the purpose of favoring his own interest or giving
undue advantage in favor of or discriminating against
any other interested party.
g. Entering, on behalf of the Government, into any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
h. Director or indirectly having financing or pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
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
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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 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:
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ad majorem dei gloriam
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.
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
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SPECIAL PENAL LAW
• 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
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
• 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
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ad majorem dei gloriam
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 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
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SPECIAL PENAL LAW
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;
3. That they caused undue injury to any party, whether the
Government or a private party;
4. That such injury is caused by giving unwarranted
benefits, advantage or preference to such parties; and
5. That the public officers have acted with manifest
partiality, evident bad faith or gross inexcusable
negligence.
Trieste v Sandiganbayan
Intervention in official capacity. A municipal mayor was
charged with a violation of Section 3(h) for having awarded a
contract for the supply and delivery of materials to accompany
of which he was president, incorporator, director and major
stockholder. His participation was 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
intervention contemplated by law. What is contemplated is
actual intervention wherein a public officer unduly favors a
firm in contracts entered into by the municipality.
JO VALLES
 ANTI-PHOTO AND VIDEO VEYEURISM ACT
•
There is no evidence that he used his influence as
municipal mayor in the awarding of the contracts.
Also, evidence shows that the company had been
dealing with the municipality even 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.
ad majorem dei gloriam SPECIAL PENAL LAW
The liability of private individuals who participated in the
transaction must be established under the appropriate provision
which is Section 4(b), for knowingly inducing or causing the
public officers to commit Section 3(g).
Section 3(g) is violated even if the official does not profit
from such violation. A public officer is duty bound to see to it
that the interest of the government is duly protected. Thus,
should the contract or transaction entered into by such public
officer is manifestly or grossly disadvantageous to the
government's interests, the public officer is held liable for
violation of Section 3 (g), whether or not this public officer
profited or will profit thereby.

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
Only public officers can violate Section 3(g). Violation of
Section 3 (g) relate to the public officer, not to the private
individual, for as have been emphasized, Section 3 (g) is a
crime that can only be committed by public officers. In this
case, Go, a private individual, was charged under 3(g) for
having conspired with a public officer in awarding to PIATCO
the construction of NAIA-IPT III without complying with the
requirements of the law. The SC ruled that regardless of the
charge of conspiracy, he cannot be convicted under the
provision because it can only be committed by a public officer.

89 @thejoannev JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT ad majorem dei gloriam
AN ACT DEFINING AND connection with any government contract or project or
by reason of the office or position of the public officer
PENALIZING THE CRIME OF concerned;
PLUNDER 3. By the illegal or fraudulent conveyance or disposition
Republic Act No. 7080 of assets belonging to the National Government or any
July 12, 1991 of its subdivisions, agencies or instrumentalities or
government-owned or -controlled corporations and
Be it enacted by the Senate and House of Representatives of the their subsidiaries;
Philippines in Congress assembled: 4. By obtaining, receiving or accepting directly or
indirectly any shares of stock, equity or any other form
Section 1. Definition of Terms. As used in this Act, the term of interest or participation including promise of future
Public Officer means any person holding any public office in employment in any business enterprise or undertaking;
the Government of the Republic of the Philippines by virtue of 5. By establishing agricultural, industrial or commercial
an appointment, election or contract. monopolies or other combinations and/or
implementation of decrees and orders intended to
Government includes the: benefit particular persons or special interests; or
• National Government, and 6. By taking undue advantage of official position,
authority, relationship, connection or influence to
• any of its subdivisions, agencies or instrumentalities,
unjustly enrich himself or themselves at the expense
• including government-owned or -controlled
and to the damage and prejudice of the Filipino people
corporations and their subsidiaries.
and the Republic of the Philippines.
Person includes any natural or juridical person, unless the
Section 2. Definition of the Crime of Plunder; Penalties.
context indicates otherwise.
As amended by Section 12 of RA No.7659
Any public officer who, by himself or in connivance with:
Ill-gotten wealth means any asset, property, business
• members of his family,
enterprise or material possession of any person within the
purview of Section Two (2) hereof, acquired by him directly or • relatives by affinity or consanguinity,
indirectly through: • business associates,
• dummies, • subordinates or
• other persons,
• nominees,
amasses, accumulates or acquires ill-gotten wealth through a
• agents,
combination or series of overt criminal acts as described in
• subordinates and/or
Section 1 (d) hereof in the aggregate amount or total value of
• business associates
at least Fifty million pesos (P50,000,000.00) shall be guilty of
by any combination or series of the following means or similar
the crime of plunder and shall be punished by reclusion
schemes:
perpetua to death.
1. Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public
Any person who participated with the said public officer in the
treasury;
commission of an offense contributing to the crime of plunder
2. By receiving, directly or indirectly, any commission,
shall likewise be punished for such offense.
gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in
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SPECIAL PENAL LAW
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 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.
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.
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
ad majorem dei gloriam SPECIAL PENAL LAW
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.

Section 9. Effectivity. This Act shall take effect after fifteen Plunder is malum in se; criminal intent necessary. Precisely
(15) days from its publication in the Official Gazette and in a because the constitutive crimes are mala in se the element
newspaper of general circulation. of mens rea must be proven in a prosecution for plunder. It is
noteworthy that the amended information alleges that the crime
Estrada v Sandiganbayan of plunder was committed willfully, unlawfully and criminally.
Plunder Law not vague. The Plunder Law contains It thus alleges guilty knowledge on the part of petitioner.
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 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

91 @thejoannev JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT ad majorem dei gloriam SPECIAL PENAL LAW

ANTI-HAZING ACT Organization refers to an organized body of people which g. The application shall be posted from the time of
includes, but it is not limited to: submission of the written notice to the school
RA 8049, as amended by RA 11053
1. any club, authorities or head of organization and shall only be
An act regulating hazing and other forms of initiation rites in
2. association, removed from its posting three (3) days after the
fraternities, sororities, and other organizations and providing
3. group, conduct of the initiation rites.
penalties therefor
4. fraternity, and The school, fraternity, sorority, or organization shall provide
5. sorority. for their respective bulletin boards for purposes of this section.
Hazing refers to any act that results in:
This term shall include the:
1. physical or
1. Armed Forces of the Philippines (AFP), Sorority, fraternity, org application for initiation rites.
2. psychological
2. the Philippine National Police (PNP), Guidelines for the approval or denial of the application to
suffering, harm, or injury inflicted on a recruit, neophyte,
3. the Philippine Military Academy (PMA), conduct initiation rites by a registered fraternity, sorority,
applicant, or member:
4. the Philippine National Police Academy (PNPA), and organization shall be promulgated by the appropriate school
1. as part of an initiation rite or practice made as a
5. other similar uniformed service learning institutions. official not later than sixty (60) days after the approval of this
prerequisite for admission or
Act.
2. a requirement for continuing membership in a
fraternity, sorority, or organization
Schools refer to colleges, universities, and other educational • The appropriate school authorities shall have the
institutions. obligation to disapprove the application to conduct
including, but not limited to:
1. paddling, initiation rites that do not conform with any of the
Section 2. Regulation of School-Based Initiation Rites. Only requirements of this section, and in unequivocal terms
2. whipping,
initiation rites or practices that do not constitute hazing shall be in a formal advice to the fraternity sorority, or
3. beating,
allowed: Provided, That: organization concerned, taking into consideration the
4. branding,
a. A written application to conduct initiation rites shall be safety and security of participants in the activity.
5. forced calisthenics,
6. exposure to the weather,
made to the proper authorities of the school not later • School officials shall have the authority to impose after
than seven (7) days prior to scheduled initiation date; due notice and summary hearing, disciplinary
7. forced consumption of any food, liquor, beverage, drug
b. The written application shall indicate the place and sanctions, in accordance with the school's guidelines
or other substance, or
date of the initiation rites and the names of the recruits, and regulations on the matter, which shall include, but
8. any other brutal treatment or forced physical activity
neophytes, or applicants to be initiated and the manner shall not be limited to, reprimand, suspension,
which is likely to adversely affect the physical and
by which they will conduct the initiation rites; exclusion, or expulsion, to the head and all other
psychological health of such recruit, neophyte,
c. Such written application shall further contain an officers of the fraternity, sorority and organization
applicant, or member.
undertaking that no harm of any kid shall be which conducts an initiation without first securing the
This shall also include any activity, intentionally made or
committed by anybody during the initiation rites. necessary approval of the school as required under this
otherwise, by one person alone or acting with others, that tends
d. The initiation rites shall not last more than three (3) section.
to humiliate or embarrass, degrade, abuse, or endanger, by
requiring a recruit, neophyte, applicant, or member to do
days; • All members of the fraternity, sorority, or organization,
e. The application shall contain the names of the who participated in the unauthorized initiation rites,
menial, silly, or foolish tasks.
incumbent officers of the fraternity, sorority, or even if no hazing was conducted, shall also be
organization and any person or persons who will take punished accordingly.
Initiation or Initiation Rites refer to ceremonies, practices,
charge in the conduct of the initiation rites;
rituals, or other acts, weather formal or informal, that a person
f. The application shall be under oath with a declaration False information. In case the written application for the
must perform or take part in order to be accepted into fraternity,
that it has been posted in the official school bulletin conduct of initiation rites contains false or inaccurate
sorority, organization as a full-fledged member. It includes
board, the bulletin board of the office of the fraternity, information, appropriate disciplinary sanctions in accordance
ceremonies practices, rituals, and other acts in all stages of
sorority, or organization, and two(2) other conspicuous with the school's guidelines and regulations on the matter
membership in a fraternity, sorority, or organization.
places in the school or in the premises of the ranging from reprimand to expulsion shall be imposed, after
organization; and due notice and summary hearing, against the person who

92 @thejoannev JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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 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.
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ad majorem dei gloriam
• 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.
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
@thejoannev
SPECIAL PENAL LAW
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.
.
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.
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
• 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.
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;
c. Such written application shall further contain an
undertaking 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
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ad majorem dei gloriam
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 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
@thejoannev
SPECIAL PENAL LAW
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;
(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:
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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
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ad majorem dei gloriam
carrying 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."
@thejoannev
SPECIAL PENAL LAW
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 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.
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
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.
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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
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.
@thejoannev
SPECIAL PENAL LAW
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 body parts were predominantly
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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
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different from the crime proven, which is not necessarily
included in the other. Contention valid? No.
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
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
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ANTI-PHOTO AND VIDEO VEYEURISM ACT ad majorem dei gloriam SPECIAL PENAL LAW

ANTI-WIRE TAPPING ACT upon conviction thereof, be punished by imprisonment for not sedition, conspiracy to commit sedition, and
less than six months or more than six years and inciting to sedition, such authority shall be
RA 4200
An act to prohibit and penalize wire-tapping and other related • with the accessory penalty of perpetual absolute granted only upon prior proof that a rebellion
disqualification from public office if the offender be a or acts of sedition, as the case may be, have
violations of the privacy of communication, and for other
public official at the time of the commission of the actually been or are being committed;
purposes.
offense, and, b. that there are reasonable grounds to believe
Section 1. It shall be unlawful for any person, not being • if the offender is an alien he shall be subject to that evidence will be obtained essential to the
deportation proceedings. conviction of any person for, or to the solution
authorized by ALL the parties to any private communication or
of, or to the prevention of, any of such crimes;
spoken word:
Section 3. Nothing contained in this Act, however, shall render and
1. To tap any wire or cable, or by using any other device
it unlawful or punishable for any peace officer, who is c. that there are no other means readily available
or arrangement,
authorized by a written order of the Court, to execute any of the for obtaining such evidence.
2. to secretly overhear, intercept, or record such
communication or spoken word by using a device acts declared to be unlawful in the two preceding sections in
cases involving the crimes of: Contents of the order: The order granted or issued shall
commonly known as a dictaphone or dictagraph or
1. treason, specify:
dictaphone or walkie-talkie or tape recorder, or
2. espionage, 1. Identity of the party listened to. The identity of the
however otherwise described:
3. provoking war and disloyalty in case of war, person or persons whose communications,
4. piracy, conversations, discussions, or spoken words are to be
Possession, replay, and communication of recording. It shall
5. mutiny in the high seas, overheard, intercepted, or recorded and, in the case of
also be unlawful for any person, be he a participant or not in the
6. rebellion, telegraphic or telephonic communications, the
act or acts penalized in the next preceding sentence
7. conspiracy and proposal to commit rebellion, telegraph line or the telephone number involved and its
1. to knowingly possess any tape record, wire record, disc
8. inciting to rebellion, location;
record, or any other such record, or copies thereof, of
9. sedition, 2. Identity of the listening officer. The identity of the
any communication or spoken word secured either
10. conspiracy to commit sedition, peace officer authorized to overhear, intercept, or
before or after the effective date of this Act in the
11. inciting to sedition, record the communications, conversations,
manner prohibited by this law; or
12. kidnapping as defined by the Revised Penal Code, and discussions, or spoken words;
2. to replay the same for any other person or persons; or
13. violations of Commonwealth Act No. 616, punishing 3. Offense sought to be prevented. The offense or
3. to communicate the contents thereof, either verbally or
espionage and other offenses against national security: offenses committed or sought to be prevented; and
in writing, or
4. The period of the authorization. The authorization
4. to furnish transcriptions thereof, whether complete or
When court order shall issue. Provided, That such written shall be effective for the period specified in the order
partial, to any other person:
order shall only be issued or granted upon: which shall not exceed sixty (60) days from the date of
1. written application and issuance of the order, unless extended or renewed by
Use as evidence when authorized by court (in specific
2. the examination under oath or affirmation of the the court upon being satisfied that such extension or
crimes) not covered by prohibition. Provided, That the use of
applicant and the witnesses he may produce and renewal is in the public interest.
such record or any copies thereof as evidence in any civil,
criminal investigation or trial of offenses mentioned in section 3. a showing:
a. that there are reasonable grounds to believe All recordings made under court authorization shall, within
3 hereof, shall not be covered by this prohibition.
that any of the crimes enumerated hereinabove forty-eight hours after the expiration of the period fixed in the
has been committed or is being committed or order:
Section 2. Any person who willfully or knowingly does or who
is about to be committed: 1. be deposited with the court in a sealed envelope or
shall aid, permit, or cause to be done any of the acts declared to
Provided, however, That in cases involving the sealed package, and
be unlawful in the preceding section or who violates the
offenses of rebellion, conspiracy and proposal 2. shall be accompanied by an affidavit of the peace
provisions of the following section or of any order issued
to commit rebellion, inciting to rebellion, officer granted such authority stating the number of
thereunder, or aids, permits, or causes such violation shall,

98 @thejoannev JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
Gaanan v IAC
The issue in this case is WON an extension telephone is among
the prohibited devices in Section 1 of the Act, such that its use
to overhear a private conversation would constitute unlawful
interception of communications between the two parties using
a telephone line. No.
Law requires use of apparatus installed or used for the
purpose of 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
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ad majorem dei gloriam SPECIAL PENAL LAW
recording the communication. There must be either a physical another without the knowledge of the latter will qualify as a
interruption through a wiretap or the deliberate installation of a violator under this provision of R.A. 4200.
device or arrangement in order to overhear, intercept, or record
the spoken words. The substance of the conversation need not be alleged in the
• An extension telephone cannot be placed in the same information. What R.A. 4200 penalizes are the acts of secretly
category as a dictaphone, dictagraph or the other overhearing, intercepting or recording private communications
devices enumerated in Section 1 of RA No. 4200 as the by means of the devices enumerated therein. The mere
use thereof cannot be considered as "tapping" the wire allegation that an individual made a secret recording of a
or cable of a telephone line. private communication by means of a tape recorder would
• The telephone extension in this case was not installed suffice to constitute an offense under Section 1 of R.A. 4200.
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
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ANTI-PHOTO AND VIDEO VEYEURISM ACT ad majorem dei gloriam SPECIAL PENAL LAW

HUMAN SECURITY ACT OF 2007 otherwise known as the Indeterminate Sentence Law, as accessories falling within the provisions of
amended. subparagraph (a).
RA 9372
An act to secure the state and protect our people from
Section 4. Conspiracy to Commit Terrorism. Persons who Section 7. Surveillance of Suspects and Interception and
terrorism
conspire to commit the crime of terrorism shall suffer the Recording of Communications. The provisions of Republic
penalty of forty (40) years of imprisonment. Act No. 4200 (Anti-Wire Tapping Law) to the contrary
Sections discussed are highlighted.
Section 3. Terrorism. Any person who commits an act • There is conspiracy when two or more persons come to notwithstanding, a police or law enforcement official and the
an agreement concerning the commission of the crime members of his team may, upon a written order of the Court of
punishable under any of the following provisions of the
of terrorism as defined in Section 3 hereof and decide Appeals:
Revised Penal Code:
to commit the same. 1. listen to,
a. Article 122 (Piracy in General and Mutiny in the High
2. intercept and
Seas or in the Philippine Waters);
Section 5. Accomplice. Any person who, not being a principal 3. record,
b. Article 134 (Rebellion or Insurrection);
under Article 17 of the Revised Penal Code or a conspirator as with the use of any mode, form, kind or type of electronic or
c. Article 134-a (Coup d' Etat), including acts committed
defined in Section 4 hereof, cooperates in the execution of other surveillance equipment or intercepting and tracking
by private persons;
either the crime of terrorism or conspiracy to commit terrorism devices, or with the use of any other suitable ways and means
d. Article 248 (Murder);
by previous or simultaneous acts shall suffer the penalty of for that purpose, any communication, message, conversation,
e. Article 267 (Kidnapping and Serious Illegal
from seventeen (17) years, four months one day to twenty (20) discussion, or spoken or written words between:
Detention);
years of imprisonment. 1. members of a judicially declared and outlawed
f. Article 324 (Crimes Involving Destruction), or under
terrorist organization, association, or
1. Presidential Decree No. 1613 (The Law on
Section 6. Accessory. Any person who, having knowledge of 2. group of persons or of any person charged with or
Arson);
the commission of the crime of terrorism or conspiracy to suspected of the crime of terrorism or conspiracy to
2. Republic Act No. 6969 (Toxic Substances and
commit terrorism, and without having participated therein, commit terrorism.
Hazardous and Nuclear Waste Control Act of
1990); either as principal or accomplice under Articles 17 and 18 of
the Revised Penal Code, takes part subsequent to its Confidential. Provided, that surveillance, interception and
3. Republic Act No. 5207, (Atomic Energy
commission in any of the following manner: recording of communications between:
Regulatory and Liability Act of 1968);
a. by profiting himself or assisting the offender to profit 1. lawyers and clients,
4. Republic Act No. 6235 (Anti-Hijacking Law);
by the effects of the crime; 2. doctors and patients,
5. Presidential Decree No. 532 (Anti-Piracy and
b. by concealing or destroying the body of the crime, or 3. journalists and their sources and
Anti-Highway Robbery Law of 1974); and,
the effects, or instruments thereof, in order to prevent 4. confidential business correspondence
6. Presidential Decree No. 1866, as amended
its discovery; shall not be authorized.
(Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing c. by harboring, concealing, or assisting in the escape of
the principal or conspirator of the crime, Section 8. Formal Application for Judicial
in, Acquisition or Disposition of Firearms,
shall suffer the penalty of ten (10) years and one day to twelve Authorization. The written order of the authorizing division of
Ammunitions or Explosives)
(12) years of imprisonment. the Court of Appeals to track down, tap, listen to, intercept, and
Thereby
record communications, messages, conversations, discussions,
1. sowing and creating a condition of widespread and
Exemption; subparagraph b and c only. Notwithstanding the or spoken or written words of any person suspected of the crime
extraordinary fear and panic among the populace,
above paragraph, the penalties prescribed for accessories shall of terrorism or the crime of conspiracy to commit terrorism
2. in order to coerce the government to give in to an
not be imposed upon those who are such with respect to their: shall only be granted by the authorizing division of the Court
unlawful demand
shall be guilty of the crime of terrorism and shall suffer the • spouses, ascendants, descendants, legitimate, natural, of Appeals upon:
and adopted brothers and sisters, or relatives by affinity 1. an ex parte written application of a police or of a law
penalty of forty (40) years of imprisonment, without the
within the same degrees, with the single exception of enforcement official who has been duly authorized in
benefit of parole as provided for under Act No. 4103,
writing by the Anti-Terrorism Council created in

100 @thejoannev JO VALLES

ANTI-PHOTO AND VIDEO VEYEURISM ACT
Section 53 of this Act to file such ex parte application,
and
2. upon examination under oath or affirmation of the
applicant and the witnesses he may produce
3. to establish:
a. that there is probable cause to believe based on
personal knowledge of facts or circumstances
that the said crime of terrorism or conspiracy
to commit terrorism has been committed, or is
being committed, or is about to be committed;
b. that there is probable cause to believe based on
personal knowledge of facts or circumstances
that evidence, which is essential to the
conviction of any charged or suspected person
for, or to the solution or prevention of, any
such crimes, will be obtained; and
c. that there is no other effective means readily
available for acquiring such evidence.
Section 9. Classification and Contents of the Order of the
Court. 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, the original application of the applicant,
including his 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:
• Right to be informed. Provided, That the person being
surveilled or whose communications, letters, papers,
messages, 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,
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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 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
@thejoannev
SPECIAL PENAL LAW
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-
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
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
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ad majorem dei gloriam
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.
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
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SPECIAL PENAL LAW
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 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
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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 the SURVEILLANCE under Section
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ad majorem dei gloriam
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.
@thejoannev
SPECIAL PENAL LAW
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, 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
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ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
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
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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,
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,
@thejoannev
SPECIAL PENAL LAW
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, 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:
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ANTI-PHOTO AND VIDEO VEYEURISM ACT
• 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
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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 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:
@thejoannev
SPECIAL PENAL LAW
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.
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
JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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, 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
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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.
@thejoannev
SPECIAL PENAL LAW
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.
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
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ANTI-PHOTO AND VIDEO VEYEURISM ACT
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:
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
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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
• 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
@thejoannev
SPECIAL PENAL 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 (P500,000.00) for
every day that he or she has been detained or deprived of
liberty or arrested without a warrant as a result of such an
accusation.
• The amount of damages shall be automatically charged
against the appropriations of the police agency or the
Anti-Terrorism Council that brought or sanctioned the
filing of the charges against the accused.
• It shall also be released within fifteen (15) days from
the date of the acquittal of the accused.
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ANTI-PHOTO AND VIDEO VEYEURISM ACT
• The award of damages mentioned above shall be
without prejudice to the right of the acquitted accused
to file criminal or administrative charges against those
responsible for charging him with the case of terrorism.
In the event that the amount cannot be covered by the current
budget of the police or law enforcement agency concerned, the
amount shall be automatically included in the appropriations of
the said agency for the coming year.
Section 51. Duty to Record and Report the Name and
Address of the Informant. The police or law enforcement
officers to whom the name or a suspect in the crime of terrorism
was first revealed shall record the real name and the specific
address of the informant.
• 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.
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Section 58. Extra-Territorial Application of this Act. Subject
to the provision of an existing treaty of which the Philippines is
a signatory and to any contrary provision of any law of
preferential application, the provisions of this Act shall apply:
1. to individual persons who commit any of the crimes
defined and punished in this Act within the terrestrial
domain, interior waters, maritime zone, and airspace of
the Philippines;
2. to individual persons who, although physically outside
the territorial limits of the Philippines, commit,
conspire or plot to commit any of the crimes defined
and punished in this Act inside the territorial limits of
the Philippines;
3. to individual persons who, although physically outside
the territorial limits of the Philippines, commit any of
the said crimes on board Philippine ship or Philippine
airship;
4. to individual persons who commit any of said crimes
within any embassy, consulate, or diplomatic premises
belonging to or occupied by the Philippine government
in an official capacity;
5. to individual persons who, although physically outside
the territorial limits of the Philippines, commit said
crimes against Philippine citizens or persons of
Philippines descent, where their citizenship or ethnicity
was a factor in the commission of the crime; and
6. to individual persons who, although physically outside
the territorial limits of the Philippines, commit said
crimes directly against the Philippine government.
@thejoannev JO VALLES
ANTI-PHOTO AND VIDEO VEYEURISM ACT
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.
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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 and under circumstances in
which the person/s has/have a reasonable expectation
of privacy;
b. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
act or any similar activity with or without
consideration;
c. To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether
it be the original copy or reproduction thereof; or
d. To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or show
or exhibit the photo or video coverage or recordings of
such sexual act or any similar activity through
VCD/DVD, internet, cellular phones and other similar
means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply
notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s. Any
person who 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
@thejoannev
SPECIAL PENAL LAW
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:
When court order may be issued. 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/she may produce, and
3. upon showing that:
a. there are reasonable grounds to believe that
photo or video voyeurism has been committed
or is about to be committed, and
b. that the evidence to be obtained is essential to
the conviction of any person for, or to the
solution or prevention of such, crime.
Section 7. Inadmissibility of Evidence. Any record, photo or
video, or copy thereof, obtained or secured by any person in
violation of the preceding sections shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.
JO VALLES