Special Penal Laws

Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

Batas Pambansa Blg. 22

BOUNCING CHECKS LAW

AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT

SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES

• The 1987 Constitution, Sec. 23 of Art. 3 thereof, states that no one shall be imprisoned for
debt. BP 22 does not violate this provision since this does not punish the nonpayment of
an obligation, but it punishes the act of issuing a bouncing check or failing to keep
sufficient funds for payment of the check for 90 days from the date of such check.
• It is a crime malum prohibitum – it is punished not because it is inherently immoral, but
because the law makes such act as criminal. Good faith is not a defense.
• What the law punishes is the issuance of a bouncing check and not the
purpose for which the check was issued, nor the terms and conditions of its
issuance. To determine the reasons 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.
(Caras vs. Court of Appeals, G.R. No. 129900, 2 October 2001)

HOW VIOLATED

1. By Making or drawing and issuing any check to apply on account or for value, knowing at
the time of issue that the drawer does not have sufficient funds in or credit with the drawee
bank.
o If however, the check is issued simultaneously with the creation of the obligation, or the
check is the reason for incurring or creating the obligation, the person is not liable only
for BP 22 but also for violation of the provisions on Estafa.
o 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.
o Elements:
▪ A person makes or draws and issues any check.
▪ The check is made or drawn and issued to apply on account or for value.
▪ The person who makes or draws and issues the check knows 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 to the bank.
▪ The check is then subsequently dishonored by the drawee bank for
insufficiency of funds and credit or would have been dishonored for the same
reason had not the drawer, without any valid reason order the bank to stop
payment.
➢ Actual Dishonor – The bank does not want to pay the check because the
drawer of the check does not have sufficient funds or closed its account.
The bank must have dishonored the check.
➢ The bank would have dishonored the check, it was not able to actually
dishonor as the drawer issued a stop pay order WITHOUT valid reason
(this is not a defense though) – the law sees that order is a pretext or
excuse to avoid criminal liability.
o The drawer knows that he does not have sufficient funds to cover the check at the time
of its issuance.
2. When any person who has sufficient funds in or credit in the bank at the time he makes or
draws and issues a check, he fails to keep sufficient or to maintain a credit to cover the full
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

amount of the check, if the check is presented within a period of 90 days from the date
appearing on the check for which reason it is dishonored by the drawee bank.
• the drawer has sufficient funds at the time of issuance but fails to keep sufficient funds
or maintain credit within ninety (90) days from the date appearing on the check.

In both instances, the offense is consummated by the dishonor of the check for
insufficiency of funds or credit.

EVIDENCE OF KNOWLEDGE OF INSUFFICIENT FUNDS

The making, drawing and issuance of a check payment of which is refused by the drawee
because of insufficient funds in or credit with such bank, when presented within ninety (90)
days from the date of the check, shall be prima facie (at first sight) evidence of knowledge of
such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the
amount due thereon, or makes arrangements for payment in full by the drawee of such check
within five (5) banking days after receiving notice that such check has not been paid by the
drawee.

DUTY OF DRAWEE

• The drawee, when refusing to pay a check, must clearly state the reason for dishonor
stamped in plain language on the check or an attached document.
• If the reason for dishonor is insufficient funds in the drawee bank, it must be explicitly
mentioned in the notice of dishonor.
• In legal proceedings related to this provision, an unpaid and dishonored check with the
drawee's refusal and reason attached is considered prima facie evidence of the check's
issuance, proper presentment, dishonor, and the validity of the stated reason.
• Even if there is an order to stop payment, the drawee must indicate in the notice if there
were insufficient funds for full payment.
• The documents constitute prima facie evidence that the drawee bank dishonored the
checks, and no evidence was presented to rebut the claim.

Republic Act 7610

SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND
DISCRIMINATION ACT

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST

CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

“A child is endowed with dignity and worth of a human being from the moment of conception,
as generally accepted in medical parlance, and is therefore entitled with the right to be born
well.” (PD 603, Art

• The policy statement emphasizes the State's commitment to providing special protection
to children, addressing abuse, neglect, cruelty, exploitation, and discrimination. The State
aims to implement sanctions for such offenses, establish preventive measures, and
intervene when parents or guardians fail to protect children. Additionally, the State pledges
to protect and rehabilitate children facing threats to their survival and normal development
beyond their control. The overarching principle is prioritizing the best interests of children
in all actions, aligning with the United Nations Convention on the Rights of the Child and
promoting their welfare for a meaningful and joyful life.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

DEFINITION OF TERMS

• Children – A person who is below 18 years old or those over but are unable to fully take care
of themselves from abuse, neglect, cruelty, exploitation or discrimination because of
physical or mental disability or condition.
• Child Abuse – Refers to maltreatment, whether habitual or not, of the child which includes:
o Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
o Failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent incapacity
or death.

OPERATIONAL DEFINITION

• PHYSICAL ABUSE – Is characterized by physical injury (e.g., bruises and fractures) resulting
from punching, beating, kicking, biting, or otherwise harming a child. The injury may have
resulted from over discipline or physical punishment that is inappropriate to the child's age
or condition. The injury may be the result from over discipline or physical punishment that
is inappropriate to the child's age or condition. An injury resulting from physical
punishment that requires medical treatment is considered outside the realm of normal
disciplinary measures.
• NEGLECT – Child neglect is characterized by failure to provide for the child's basic needs.
Neglect can be physical, educational or emotional.
• PHYSICAL NEGLECT – Includes refusal of or delay in seeking healthcare, abandonment,
inadequate supervision and expulsion from home or refusing to allow a runaway to return
home.
• EDUCATIONAL NEGLECT – Failure to enroll a child of mandatory school age and inattention
to a special educational need.
• Emotional Neglect – Includes such action as chronic or extreme spouse abuse in the child's
presence, permission of drug abuse or alcohol use by the child and refusal or failure to
provide needed psychological care.
• SEXUAL ABUSE – Includes wide range of behavior, fondling of a child's genitals, intercourse,
rape, sodomy, exhibitionism and commercial exploitation through prostitution or the
production of pornographic materials.
• SEXUAL EXPLOITATION – Children whether male or female, who for money, profit or any
other consideration or due to the coercion or influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
• EMOTIONAL ABUSE – Includes acts or omissions by the parents or other persons
responsible for the child's care and that have caused or could cause serious behavioral,
cognitive, emotional or mental disorder. It is the most difficult form of child maltreatment.
• CHILD TRAFFICKING – The act of trading or dealing with children, including but not limited
to, the buying and selling children for money, or for any other consideration, or barter.
• CHILD LABOR – The employment of children under 15 years of age who force, suffer to work
for money or any other consideration. The condition of employment endangers the life,
safety, health and normal development of the child.
• ABANDONED – The failure to provide for the care and support of a child for at least six (6)
continuous months for no valid reason shall be presumed as an intent to abandon the child
unless said failure is due to reasons beyond the control of the parent or is due to financial
reasons. The failure to report to a law enforcement agency or to the Department of Social
Welfare and Development (DSWD) that the child is missing within seventy-two (72) hours
after his disappearance is discovered.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

OFFENSES AGAINST CHILDREN UNDER RA 7610

• CHILD PROSTITUTION AND OTHER SEXUAL ABUSE

- reclusion temporal in its medium period to reclusion perpetua
- if victim is under twelve (12) years of age: reclusion temporal in its medium period
• ATTEMPT TO COMMIT CHILD PROSTITUTION
- A penalty lower by two (2) degrees than that prescribed for the consummated felony
under Section 5
• CHILD TRAFFICKING
- reclusion temporal to reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years of age.
• ATTEMPT TO COMMIT CHILD TRAFFICKING
- A penalty lower two (2) degrees than that prescribed for the consummated.
- felony under Section 7 shall be imposed upon the principals of the attempt.
• OBSCENE PUBLICATIONS AND INDECENT SHOWS
- prision mayor in its medium period.
- If the child used as a performer, subject or seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its maximum period.
- Any ascendant, guardian, or person entrusted in any capacity with the care of a child
who shall cause and/or allow such child to be employed or to participate: prision
mayor in its medium period.

PERSONS REQUIRED BY LAW TO REPORT CHILD ABUSE CASES

The following must report child abuse case:

1.
The head of a public or private hospital, medical clinic or similar institution, as well as
the physician and nurse who attended to the needs of the abused child.
2. Teachers and administrators of public schools
3. Parole and probation officers
4. Government lawyers
5. Law enforcement officers
6. Barangay officials
7. Correction officers such as jail guards
8. Other government officials and employees whose work involves dealing with children.
Who can file a complaint for child abuse?

1. The child victim

2. The parent or legal guardian of the victim
3. The grandparent, or relative of the child victim up to a first cousin
4. The Barangay Chairman
5. One of a group of 3 or more people who have personal knowledge of the abuse.

Republic Act 9165

COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,

REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS
ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

It is the policy of the State: to safeguard the integrity of its territory & the well-being of its
citizenry, particularly the youth, from the harmful effects of dangerous drugs on their
physical & mental well-being, and 2. to defend the same against acts or omissions
detrimental to their development and preservation

UNLAWFUL ACTS AND PENALTIES

Section 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.
Offenders: Penalty:

1. Importer Life to Death + P500k-P10M

2. Importer Death + P10M using Diplomatic Passport
3. Financier, Organizer, Death + P10M Manager of Importation
4. Protector/Coddler 12y1d to 20y + P100k to P500k

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution & Transportation

of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals

• Elements:
➢ Identity of the buyer and the seller, the object, and the consideration
➢ Delivery of the thing sold and the payment thereof.
• Maximum Penalty Imposed on:
➢ Committed within 100 meters from a school.
➢ Use of minors or mentally incapacitated persons as runners, couriers & messengers, or
in any other capacity
➢ If the victim is a minor or mentally incapacitated
➢ Dangerous drug is the proximate cause of death of victim.
➢ Organizer, Manages the unlawful acts, financier, Protector/Coddler - 12y 1d to 20y +
P100k to P500k

Section 6. Maintenance of a Den, Dive or Resort 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.

● Maintenance of a Den, Dive or Resort Maintenance – Life to death + P500k – P10M fine
● Caters to minor clients – Death + P10M fine
● Financier - Death + P10M fine
● Protector/Coddler - 12 years 1 day – 20 years + P100k - P500k fine
● Client dies – Death + P1M - P15M fine
NOTE: den/dive/resort shall be confiscated in favor of government

Section 7. Employees and Visitors of a Den, Dive or Resort

• Imprisonment: 12y 1d - 20y + Fine: P100k - P500k

a) Any employee of a den, dive or resort, who is aware of the nature of the place as such.
b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same.

Section. 11 Possession of Dangerous Drugs (See Sec. 13 )

• Life Imprisonment to Death and Fine P500k - P10M

• Any person, who, unless authorized by law, shall possess * any dangerous drug in the
following quantities, regardless of the degree of purity:
• Elements:
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

➢ Person is in possession which is identified to be a prohibited drug

➢ Such possession is not authorized by law
➢ Person freely & consciously possessed the said prohibited drug
1. 10 grams or more of opium;
2. 10 grams or more of morphine;
3. 10 grams or more of heroin;
4. 10 grams or more of cocaine or cocaine hydrochloride;
5. 50 grams or more of methamphetamine hydrochloride or “shabu”
6. 10 grams or more of marijuana resin or marijuana resin oil;
7. 500 grams or more of marijuana; and
8. 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or ecstasy; paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxy amphetamine (GHB), and those similarly designed or newly introduced
drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section 93, Article XI of this Act.
Unlawful Acts and Penalties

Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs. (See Sec. 14) Imprisonment: 6 months & 1 day – 4 years Fine: P10k - P50k

• Any person, who, unless authorized by law, 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 : xxx The possession of such xxx 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.

Section 15. Use of Dangerous Drugs

• A person apprehended or arrested, who is found to be positive for use of any dangerous
drug, after a confirmatory test, shall be imposed a penalty of a minimum of 6 months.
• REHABILITATION in a government center for the first offense.
• If apprehended using any dangerous drug for the second time, he/she shall suffer the
penalty of Imprisonment 6 years & 1 day to 12 years + Fine P50k to P200k.
• Provided that this Section shall not be applicable where the person tested is also found to
have in his/her possession such quantity of any dangerous drug provided for under Section
11 of this Act, in which case the provisions stated therein shall apply.

Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources.

• Thereof Life Imprisonment to Death + Fine of P500k to P10M

• Any person who shall plant, cultivate or culture marijuana, opium poppy or any other
plant regardless of quantity, which is or may hereafter be classified as a dangerous drug
or as a source from which any dangerous drug may be manufactured or derived.
• Any person, who organizes, manages or acts as a financier of any of the illegal activities
prescribed in this Section = Death + Fine of P10M Any person, who acts as a
protector/coddler of any violator of the provisions under this Section = Imprisonment of 12
years & 1 day - 20 years Fine of P100k to P500k

Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous

Drugs and/or Controlled Precursors and Essential Chemicals
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

Section 18. Unnecessary Prescription of Dangerous Drugs

Section 19. Unlawful Prescription of Dangerous Drugs

Section 37. Issuance of False or Fraudulent Drug Test Results

Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same penalty prescribed for the commission of the
same:

a) Importation;
b) Sale, trading, administration, dispensation, delivery, distribution and transportation;
c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical;
and
e) Cultivation or culture of plants which are sources of dangerous drugs.

Section 27. Public Officer or Employee is criminally liable for Misappropriation, Misapplication
or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act Committed.

• Any elective local or national official found: To have benefited from the proceeds of the
trafficking of dangerous drugs, or To have received any financial or material contributions
or donations from natural or juridical persons found guilty of trafficking dangerous drugs
Shall be removed from office and perpetually disqualified from holding any elective or
appointive positions in the government, its divisions, subdivisions, and intermediaries,
including GOCCs

Section 29. Criminal Liability for Planting of Evidence.

• Any person who is found guilty of planting any dangerous drug and/or controlled
precursor and essential chemical, regardless of quantity and purity, shall suffer the
penalty of DEATH.
• 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 dangerous drug and/or controlled precursor and essential chemical 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 Act.

Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government
Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases …
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
Imprisonment of 12y & 1d - 20y + Fine of P500k 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, 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.
• Imprisonment of 2 months & 1 day to 6 years + Fine of P10k to P50k in addition, perpetual
absolute disqualification from public office
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

• The member of the law enforcement agency … shall not be transferred or re-assigned 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 re-assigned for compelling reasons:
• Provided, that immediate superior shall notify the court where the case is pending of the
order to transfer or re-assign, within 24 hours from its approval; Should immediate superior
fail to notify the court of such order to transfer or re-assign:
• Imprisonment of 2 months & 1 day to 6 years Fine of P10k to P50k in addition, perpetual
absolute disqualification from public office

Section 92. Delay & Bungling in Prosecution of Drug Cases

• Any government officer or employee tasked with the prosecution of drug-related cases
under this act, who, through patent laxity, inexcusable neglect, unreasonable delay or
deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases:
Imprisonment 12y & 1d to 20y- without prejudice to his/her prosecution under the
pertinent provisions of the Revised Penal Code.

Republic Act 9262

ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES.

It is a law the seeks to address the prevalence of violence against women and their children
(VAWC) by their intimate partners like their husband or ex-husband, live-in partner or former
live-in partner, boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or former
dating partner.

It refers to any act or a series of acts committed by an intimate partner (husband, ex-
husband, live-in partner, boyfriend/girlfriend, fiancé, who the woman had sexual/dating
relationship):

• against a woman who is his wife, former wife;

• against a woman with whom the person has or had a sexual or dating relationship,
• against a woman with whom he has a common child;
• against her child whether legitimate or illegitimate within or without the family abode,

Of which results 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.

ACTS OF VIOLENCE COVERED UNDER R.A. 9262

PHYSICAL VIOLENCE – acts that include bodily or physical harm (battery)

• causing/threatening/attempting to cause physical harm to the woman or her child.

• placing the woman or her child in fear of imminent physical harm

SEXUAL VIOLENCE – the acts which are sexual in nature committed against a woman or her
child. It includes, but is not limited to:
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

• 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 him or her to watch obscene publications and
indecent shows or forcing the woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together
in the same room with the abuser.
• Causing or attempting to make the woman or her child to perform sexual acts (that do
not constitute Rape) by use of force, threats, intimidation directed against the woman,
her child, or her immediate family.
• Prostituting the woman or her child.

PSYCHOLOGICAL VIOLENCE – Acts or omissions causing or likely to cause mental or

emotional suffering of the victim which includes, but is not limited to the following:

• Controlling or restricting the woman’s or her child’s movement or conduct

o Threatening to or actually depriving the woman or her child of custody or access
to her/his family;
o Depriving or threatening to deprive the woman or her child of a legal right;
• Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, e.g. repeated verbal and emotional abuse, and denial of financial support or custody
or minor children or denial of access to the woman’s child/children
• Threatening or actually inflicting physical harm on oneself for the purpose of controlling
the woman’s actions or decisions;
• 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.
• Causing substantial emotional or psychological distress to the woman or her child:
o Stalking or following the woman or her child in public or private places;
o Peering in the window or lingering outside the residence or the woman or her
child;
o Entering or remaining in the dwelling or on the property of the woman or her
child against her/his will;
o Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child;
o Engaging in any form of harassment or violence

ECONOMIC ABUSE – Acts that make or attempt to make a woman financially dependent
upon her abuser, which includes, but is not limited to the following:

• Preventing the woman 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;
• Controlling the woman’s own money or property; or solely controlling the conjugal or
common money/properties;
• Destroying household property;

KEY TERMS UNDER RA 9262

Children - refers 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 the
biological children of the victim and other children under her care.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

Dating Relationship – It is 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. A casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating relationship.

Sexual Relations – It refers to a single sexual act which may or may not result in the bearing
of a common child.

Battered Woman Syndrome – It refers to a scientifically defined pattern of psychological and

behavioral symptoms found in battered women as a result of a long history of abuse.

RA 9262 acknowledges that women who have retaliated against their partner or who commit
violence as a form of self-defense may have suffered from Battered Woman Syndrome (BWS).
Any victim who suffers from BWS should be diagnosed by a Psychiatric expert or a clinical
psychologist. This will also help the victim in obtaining a just decision in her case. The law does
not allow the offender to have custody of minor children. Their care is entrusted to the woman
even if she is found to have BWS.

WHO GETS PROTECTED BY THE LAW?

• The law recognizes the unequal relations between a man and a woman in an abusive
relationship where the woman is usually at a disadvantage. Thus, the law protects the
woman and her children.
• The victim-child who is a minor (legitimate and illegitimate), and a person aged 18 years
and beyond who doesn’t have the ability to decide for herself/ himself because of an
emotional, physical and mental illness can make full use of the law.
• Any child under the care of a woman is also protected under the law.

What can women and children do under RA 9262?

Under the law, the offended party may file a criminal action, or apply for Protection Order either
as an independent action or as an incident in civil or criminal action and other remedies.

Is VAWC committed by men alone?

Women can also be liable under the law. These are the lesbian partners/ girlfriends or former
partners of the victim with whom she has or had a sexual or dating relationship.

What if the male spouse/ partner complains about abuses committed by his wife/
partner?

He may file a complaint or case under the Revised Penal Code.

Who may file a complaint under RA 9262?

Any citizen having personal knowledge of the circumstances involving the commission of the
crime may file a complaint because violence against women and their children is considered
a public crime.

Where should cases for VAWC be filed?

Cases may be filed in the Regional Trial Court designated as Family Court of the place where
the crime was committed. These courts have original and exclusive jurisdiction over these
cases.

What are the penalties for committing VAWC?

Offenders proven in court to be guilty of the crime shall be penalized with:

Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

• Imprisonment ranging from 1 month and 1 day to 20 years.

• Payment of P100, 000 to P300, 000 in damages.
• Mandatory psychological counselling or psychiatric treatment.

What is a Protection Order?

It is an order issued by the Barangay or the Court to prevent further acts of violence against a
woman or her child and to grant other necessary relief, under RA 9262.

1. Barangay Protection Order (BPO)

2. Temporary Protection Order (TPO)
3. Permanent Protection Order (PPO)

Who may apply for Protection Order?

1. The offended party.

2. Parents or guardians of the offended party.
3. Ascendants, descendants or collateral relatives, within the fourth civil degree or
consanguinity or affinity.
4. Officers or social workers of the DSWD or LGU.
5. Police officers, preferably those in-charge of women and children’s desk.
6. Punong barangay or barangay kagawad.
7. Lawyers, counsellors, therapists, health care provider of the petitioner.
8. At least two concerned citizens of the city or municipality where VAWC happened and
who have personal knowledge of the offense committed.

Republic Act 9344

JUVENILE JUSTICE AND WELFARE ACT

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM,

CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF
JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSE

• Juvenile Justice and Welfare Act is the system giving special treatment and protection to
juvenile delinquency.
• Provides child-appropriate proceedings including programs and services for prevention,
diversion, rehabilitation, reintegration, and aftercare to ensure their normal growth and
development.
• It is for the protection of children and youth physically, morally, spiritually, intellectually, and
socially against any prejudicial act that may endanger them, especially in legal
proceedings.

TERMS

CHILDREN – any person below 18 years of age, unless under the law applicable to the child in
which majority is attained earlier.

CHILDREN AT RISK – children that are experiencing or is at the risk of abuse, neglect, or other
kinds of harm; Has needs for care and support (whether or not the authority is meeting any
of those needs).

CHILD IN CONFLICT WITH THE LAW – refers to anyone under 18 who comes into contact with
the justice system as a result of being suspected or accused of committing an offense.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

DIVERSION PROGRAM – refers to the program that the CICL is required to undergo after he is
found responsible for an offense without resorting to formal court proceedings.

INTERVENTION PROGRAM – a treatment method used by the mental health community and
utilized in a number of ways to better the situation of individuals who have become
dependent on various substances or activities.

STATUS OFFENSES – offenses that can be committed only by juveniles and would not be
crimes if an adult engaged in the same conduct. (i.e Underage drinking)

YOUTH DETENTION HOME – a child caring institution providing short-term resident care for
youthful offenders, 9 – below 18 years of age, who are awaiting court disposition of their cases
or transfer to other agencies or jurisdiction (PD 603).

YOUTH REHABILITATION CENTER – a 24 hour residential care facility managed by the

Department of Social Welfare and Development (DSWD), LGUs, licensed or accredited NGOs
monitored by the DSWD, which provides care, treatment, and rehabilitation services for
children in conflict with the law.

Republic Act 9346

DEATH PENALTY LAW

AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES

SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic
Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the
Act Designating Death by Lethal Injection is hereby repealed. Republic Act No. Seven
Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law,
and all other laws, executive orders and decrees, insofar as they impose the death penalty are
hereby repealed or amended accordingly.

SEC. 2. In lieu of the death penalty, the following shall be imposed.

a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature
of the penalties of the Revised Penal Code; or
b) the penalty of life imprisonment, when the law violated does not make use of the
nomenclature of the penalties of the Revised Penal Code.

SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences
will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under
Act No. 4180, otherwise known as the Indeterminate Sentence Law, as amended.

SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a week for
three consecutive weeks in a newspaper of general circulation of the names of persons
convicted of offenses punished with reclusion perpetua or life imprisonment by reason of this
Act who are being considered or recommend for commutation or pardon; Provided, however,
That nothing herein shall limit the power of the President to grant executive clemency under
Section 19, Article VII of the Constitutions.

Republic Act 10173

THE DATA PRIVACY ACT 2012

Republic Act 10173 or The Data Privacy Act 2012 is a comprehensive and strict privacy
legislation to protect the fundamental human right of every individual to privacy while
ensuring free flow of information to promote innovation, growth and national development.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

National Privacy Commission is created to administer and implement the provisions of this
Act, and to monitor and ensure compliance of the country with international standards set
for data protection. On September 9, 2016, the Implementing Rules and Regulations was put
in effect thus mandating all companies to comply.

SCOPE AND APPLICATION

The Data Privacy Act is applicable to any natural and juridical person or entity involved in
processing of personal information, with provided exceptions. The act applies to the
processing of the personal information of Philippines citizens regardless of where they reside.
The law has extraterritorial application which is applicable not only to businesses with offices
in the Philippines but also when equipment based in the Philippines is used for the
processing of personal information.

LAWFUL PROCESSING OF PERSONAL INFORMATION

The processing of personal information shall be allowed subject to adherence to the

principles of transparency, legitimate purpose, and proportionality. Personal information
must be collected and processed for a declared, specified and legitimate purpose only.
Personal information must be kept accurate, relevant, adequate, up to date, and retained
only for as long as reasonably needed. For the processing of personal information be
considered as lawful, consent from data subject is required, subject to the exceptions
provided by the Act and other applicable laws.

Consent is given when the data subject agrees to the collection and processing of his or her
personal, sensitive personal or privileged information. Consent must be freely given, specific
and with an informed indication of will. Consent shall be evidenced by written, electronic or
recorded means.

The processing of sensitive personal and privileged information is prohibited, except in the
cases stated in the Act. All collected and processed data shall be held under strict
confidentiality and shall be used only for the declared purpose.

Transfer of Personal Information

Data sharing shall be allowed when it is expressly authorized by law provided that there are
adequate safeguards for data privacy and security, and processing adheres to principle of
transparency, legitimate purpose and proportionality. The law also states the responsibility of
the entity for the personal information under its control or custody, including information
that have been transferred to a third party for processing, whether domestically or
internationally, subject to cross-border arrangement and cooperation. The entity is
accountable for complying with the requirements of this Act and shall use contractual or
other reasonable means to provide a comparable level of protection while the information is
being processed by a third party. The entity shall designate an individual or individuals who
are accountable for the organization’s compliance with this Act.

RIGHTS OF THE DATA SUBJECT

The personal information controller or personal information processor shall uphold the rights
of data subjects and adhere to general data privacy principles and the requirements of lawful
processing. The data subject is entitled to the following rights:

a) Right to be informed
b) Right to object
c) Right to access
d) Right to rectification
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

e) Right to erasure or blocking

f) Right to damages

The rights shall not be applicable if the processed personal data are used only for the needs
of scientific and statistical research and, on the basis of such, no activities are carried out and
no decisions are taken regarding the data subject. The rights are also not applicable to the
processing of personal data gathered for the purpose of investigations in relation to any
criminal, administrative or tax liabilities of a data subject.

DATA PRIVACY AND SECURITY

The law requires that any entity involved in data collection and processing must implement
reasonable and appropriate organizational, physical and technical measures intended for the
protection of personal information against any accidental or unlawful destruction, alteration
and disclosure, as well as against any other unlawful processing. Organizational security
measures include:

a) Appointing Data Protection officers

b) Implementing Privacy and Data protection policies
c) Records of processing activities
d) Management of Human Resource
e) Processing of Personal Data
f) Contracts with personal information processors

Physical security measures include:

a) Policies and procedures to monitor and limit access on different activities.

b) Design of office space and workstations taking into account the environment and
accessibility of the private data to the public
c) Duties, responsibilities and schedules of the personal information processors
d) Policies and procedures for the transfer, removal, disposal, and reuse of electronic media
e) Policies and procedures that prevent the mechanical destruction of files and equipment

Technical security measures include:

a) Security policy with respect to the processing of personal

b) Safeguards to protect computer network against accidental, unlawful or unauthorized
usage, any interference which will affect data integrity or hinder the functioning or
availability of the system, and unauthorized access through an electronic network
c) The ability to ensure and maintain the confidentiality, integrity, availability, and resilience
of their processing systems and services
d) Regular monitoring for security breaches
e) The ability to restore the availability and access to personal data in a timely manner in the
event of a physical or technical incident
f) A process for regularly testing, assessing, and evaluating the effectiveness of security
measures.
g) Encryption of personal data during storage and while in transit, authentication process,
and other technical security measures that control and limit access

Republic Act 10175

CYBERCRIME PREVENTION ACT OF 2012
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION,

SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES.

The State acknowledges the importance of information and communications industries for
national development. It aims to create a conducive environment for responsible use of
technology, ensuring easy access to information. The State also emphasizes the need to
protect computer systems and data from misuse. To address these concerns, it plans to
empower itself to prevent and combat offenses at both domestic and international levels,
promoting fast and reliable international cooperation.

Cybercrime also called computer crime is the use of a computer as an instrument to further
illegal ends such as committing fraud trafficking child pornography, intellectual property
violations, stealing identities or violation of privacy. The difference between traditional criminal
offences from cybercrime is the use of the computer in committing such offences. Majorly
cybercrime is an attack on the information of Individuals, governments or corporations.

DEFINITION OF TERMS

• Access – Instruction, communication with, storing data in, retrieving data from, or making
use of any resources of a computer system or communication network.
• Alteration – Modification or change, in form or substance, of existing computer data or
program.
• Communication – Transmission of information through ICT media, including voice, video,
and other forms of data.
• Computer – Electronic, magnetic, or other data processing device capable of performing
logical, arithmetic, routing, or storage functions, including mobile phones, smart phones,
computer networks, and internet-connected devices.
• Computer Data – Representation of facts, information, or concepts suitable for processing
in a computer system, including electronic documents and data messages.
• Computer Program – Set of instructions executed by a computer to achieve intended
results.
• Computer System – Device or group of interconnected devices performing automated
processing of data, including hardware, software, input/output, and storage components.
• Without Right – Conduct undertaken without or in excess of authority, not covered by legal
defenses or justifications.
• Cyber – Refers to a computer or computer network, the electronic medium for online
communication.
• Critical Infrastructure – Vital computer systems, networks, programs, data, and traffic data
crucial to national security, public health, safety, or economic security.
• Cybersecurity – Collection of tools, policies, and technologies to protect the cyber
environment and user assets.
• Database – Formalized representation of information for use in a computer system.
• Interception – Listening to, recording, monitoring, or surveillance of communication
content, directly or indirectly.
• Service Provider – Entity providing communication services or processing/storing
computer data on behalf of users.
• Subscriber’s Information – Information held by a service provider related to subscribers,
establishing identity and service details.
• Traffic Data – Non-content computer data related to communication, including origin,
destination, route, time, date, size, duration, or type of service.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

OFFENSES

Cybercrime Offense Penalty/Fines

Sec. 4 (a), (b) Offenses against confidentiality, • Prision Mayor
integrity and availability of • Fine of at least
computer data & systems P200,000 up to a
maximum amount
Computer-related offenses commensurate to
the damage
incurred, or
• Both
Sec. 4 (a)5 • Prision Mayor
Misuse of Devices • Fine of not more
than P500,000, or
• Both
Sec. 4 (a) – If committed Offenses against confidentiality, • Reclusion
against critical integrity and availability of temporal
infrastructure computer data & systems • Fine of at least
P500,000 up to a
maximum amount
commensurate to
the damage
incurred ,
• Both
• Prision Mayor
Sec. 4 (c) • Fine of at least
Cybersex P200,000 but not
exceeding P1
Million pesos, or
• Both
Sec. 4 (C )2 •
If committed through a • One (1) degree
computer system Child Pornography higher than that
provided for in RA
9775
• Arresto Mayor
Sec 4 (C ) 3 Unsolicited Commercial • Fine of at least
Communication P50,000 but not
exceeding
P250,000, or
• Both
Sec 5 Aiding or abetting of cybercrime • Imprisonment of
one (1) degree
Attempt in the commission of lower than that of
cybercrime the prescribed
penalty
• Fine of at least
P100,000 but not
exceeding
P500,000, or
• Both

SECTION 4 CYBERCRIME OFFENSES

Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

A. Offenses against the confidentiality, integrity and availability of computer data and systems
1. Illegal access – the access to the whole or any part of a computer system without right
2. Illegal interception – the interception made by technical means without right of any
public transmission of computer data to, from or within a computer system including
electromagnetic emissions from a computer system carrying such computer data.
3. 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.
4. System Interference – the intentional alteration or reckless hindering or interference
with the functioning of the computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or authority, including
the introduction or transmission of viruses.
5. Misuse of Devices
• The use, production, sale, procurement, importation, distribution, or otherwise
making available without right of:
o A device, including a computer program designed or adapted primarily for
the purpose of committing any of the offenses under this Act, or
o A computer password, access code or similar data by which the whole or any
part of the 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.
• The possession of an item referred to above with intent to use said devices for the
purpose of committing any of the offenses in this Act.
6. 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:
• Similar, identical or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration.
• Identical or any way similar with the name of a person other than the registrant, in
case of a personal name, and
• Acquired without right or with intellectual property interests in it

B. Computer-related offenses
1. Computer-related forgery
• The input, alteration or deletion of any 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
• The act of knowingly using computer data which is the product of computer-related
forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest
design.
2. 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.
3. 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.

C. Content-related Offenses:
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

1. Cybersex- The wilful engagement, maintenance, control, or operation, directly or

indirectly, or any lascivious exhibition of sexual organs or sexual activity, with the aid of
a computer system, for favour or consideration.
2. Child Pornography – The unlawful or prohibited acts defined and punishable by RA
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 RA 9775
3. 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:
• There is prior affirmative consent from the recipient; or
• The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or
• The following conditions are present:
o The commercial electronic communication contain a simple, valid, and reliable
way for the recipient to reject, receipt of further commercial electronic
messages (opt-out) from the same source:
o The CEC does not purposely disguise the source of the electronic message; and
o The CEC does not purposely include misleading information in any part of the
message in order to induce the recipients to read the message
4. 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. (Art 355 is about Libel by means of writing
or similar means)

SECTION 5. OTHER OFFENSES – The following acts shall also constitute an offense:

a) 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.
b) 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 RPC, as amended, and special laws, if
committed by, through and with the use of information and communications technologies
shall be covered by the relevant provisions of this Act: Provided, that the penalty to be imposed
shall be one (1) degree higher than that provided for by the RPC, and special laws, as the case
may be.

Republic Act 10364

EXPANDED ANTI-TRAFFICKING IN PERSONS ACT

AN ACT EXPANDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE POLICIES
TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN,
ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND
SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS AND
FOR OTHER PURPOSES"

The State prioritizes the dignity and rights of every individual. It is committed to enacting
measures and programs that prevent violence, exploitation, trafficking, and involuntary
migration. Emphasizing equal rights, especially for women and men, it aligns with
international conventions. The focus is on supporting trafficked individuals and ensuring their
recovery and reintegration into society.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

In the new law, the following acts are now considered human trafficking
• recruitment of domestic/ overseas employment for sexual exploitation
• forced labor or involuntary debt bondage
• recruitment of Filipino woman to marry a foreigner
• recruitment for sex tourism
• recruitment for organ removal
• recruitment of a child to engage in armed activities abroad

DEFINITION OF TERMS

• TRAFFICKING IN PERSONS - The recruitment, obtaining, hiring, providing, offering,

transportation, transfer, maintaining, harboring, or receipt of persons, involving threat,
force, coercion, fraud, deception, abuse of power, or taking advantage of vulnerability, for
the purpose of exploitation. This includes prostitution, sexual exploitation, forced labor,
servitude, slavery, or organ removal.
• CHILD - A person below eighteen (18) years of age or over eighteen (18) unable to protect
themselves from abuse due to physical or mental disability.
• PROSTITUTION - Any act involving the use of a person for sexual intercourse or lascivious
conduct in exchange for money, profit, or consideration.
• FORCED LABOR - Extraction of work or services through enticement, violence,
intimidation, coercion, abuse of authority, or moral ascendancy.
• SLAVERY - The status or condition of a person over whom ownership powers are exercised.
• INVOLUNTARY SERVITUDE - Enforced and compulsory service induced by schemes or
threats to cause harm, abuse, coercion, or deprivation.
• SEX TOURISM - A program using escort and sexual services as enticement for tourists,
including sexual services during rest and recreation for military members.
• SEXUAL EXPLOITATION - Participation in prostitution, pornography, or the production of
pornography for money or consideration, facilitated by intimidation, force, coercion, or
abuse.
• DEBT BONDAGE - Pledging personal services or labor as security or payment for a debt
without clear terms or proper application toward debt reduction.
• PORNOGRAPHY - Representation of a person engaged in explicit sexual activities or
displaying sexual parts for primarily sexual purposes.
• COUNCIL - The Inter-Agency Council Against Trafficking, established under Section 20 of
this Act.

ACTS PUNISHABLE

Acts of Trafficking in Persons

• Recruiting, obtaining, hiring, providing, offering, transporting, transferring, maintaining,

harboring, or receiving a person for prostitution, pornography, or sexual exploitation, under
the pretext of domestic or overseas employment or training.
• Introducing or matching individuals for profit to engage in prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage.
• Offering or contracting marriages for the purpose of acquiring individuals for exploitative
reasons related to prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude, or debt bondage.
• Organizing tours and travel plans with the intent of utilizing and offering persons for
prostitution, pornography, or sexual exploitation.
• Maintaining or hiring a person for prostitution or pornography.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

• Adopting persons for exploitative purposes, facilitating such adoption, or recruiting, hiring,
adopting, or abducting a person for organ removal.
• Recruiting, transporting, obtaining, transferring, harboring, maintaining, offering, hiring,
providing, receiving, or abducting a child for armed activities, forced labor, slavery, debt
bondage, or involuntary servitude.
• Recruiting, transporting, transferring, harboring, obtaining, maintaining, offering, hiring,
providing, or receiving a person for forced labor, slavery, debt bondage, and involuntary
servitude, involving threat, use of force, fraud, deceit, violence, coercion, or intimidation.
• Recruiting, transporting, harboring, obtaining, transferring, maintaining, hiring, offering,
providing, adopting, or receiving a child for exploitation or trading, including but not
limited to prostitution, production of pornography, drug trafficking, and involvement in
illegal activities or work likely to harm their health, safety, or morals.
• Organizing or directing other persons to commit offenses defined as acts of trafficking
under this Act.

Attempted Trafficking in Persons

• Facilitating the unaccompanied travel of a child to a foreign country without valid

clearance or parental consent.
• Charging a fee for executing an affidavit or written consent for adoption.
• Recruiting a woman to bear a child for the purpose of selling the child.
• Simulating a birth for the purpose of selling the child.
• Soliciting and obtaining custody of a child from various sources, including hospitals,
clinics, and low-income families, for the purpose of selling the child.

Accomplice Liability. – Whoever knowingly aids, abets, cooperates in the execution of the
offense by previous or simultaneous acts defined in this Act shall be punished in accordance
with the provisions of Section 10(c) of this Act.

QUALIFIED TRAFFICKING IN PERSONS

Violations of Section 4 of this Act are considered qualified trafficking under the following
circumstances:

• Relationship: When the offender is a spouse, ascendant, parent, sibling, guardian, or a

person exercising authority over the trafficked person, or when the offense is committed
by a public officer or employee.
• Military or Law Enforcement: When the offender is a member of the military or law
enforcement agencies.
• Severe Consequences: When, by reason or on occasion of trafficking, the offended party
dies, becomes insane, suffers mutilation, or contracts Human Immunodeficiency Virus
(HIV) or Acquired Immune Deficiency Syndrome (AIDS).
• Prolonged Offenses: When the offender commits one or more violations of Section 4 over
a period of sixty (60) or more days, whether continuous or not.
• Management Role: When the offender directs or manages the trafficking victim in carrying
out the exploitative purpose of trafficking.

PENALTIES FOR BUYING OR ENGAGING THE SERVICES OF TRAFFICKED PERSONS

General Offense (a):

Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

• Imprisonment: Prision Correccional in its maximum period to prision mayor (6 to 12 years)

• Fine: PHP 50,000 to PHP 100,000

Special Cases under paragraph (a)

• Offense involving sexual acts with a child:

o Imprisonment: Reclusion Temporal in its medium period to reclusion perpetua (17
to 40 years)
o Fine: PHP 500,000 to PHP 1,000,000
• Offense involving force, intimidation, victims deprived of reason, or victims under 12 years
old:
o Fine: PHP 1,000,000 to PHP 5,000,000
o Imprisonment: Reclusion perpetua or 40 years with no parole

Deportation for Foreign Offenders (b):

• Foreigners committing offenses described in 1 or 2 or violating the law:

o Deportation after serving sentence
o Permanent ban on re-entering the country

Penalties for Public Officials (c):

• Dismissal from service

• Perpetual absolute disqualification from holding public office
• Additional imprisonment or fine as per other provisions of the law

Additional Considerations:

• If the offender knows the person providing prostitution services is a trafficking victim,
they are penalized under a different section.
• If the offender violates Section 4 while committing the offense, they are penalized under
Section 10, and, if applicable, for qualified trafficking instead of under this section.

Republic Act 10586

ANTI-DRUNK AND DRUGGED DRIVING ACT OF 2013

AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOL,

DANGEROUS DRUGS, AND SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES

The policy behind Republic Act No. 10586 is to penalize the acts of driving under the influence
of alcohol, dangerous drugs and other intoxicating substances, and to inculcate the standards
of safe driving and the benefits that may be derived from it through institutional programs
and appropriate public information strategies.

DEFINITION OF TERMS

a) Alcohol - Alcoholic beverages (beer, wine, distilled spirits) causing intoxication.

b) Breath Analyzer - Equipment determining blood alcohol concentration via breath test.
c) Chemical Tests - Tests (breath, saliva, urine, blood) for alcohol/drugs in the body.
d) Dangerous Drugs - Substances listed in drug conventions and Republic Act No. 9165.
e) DUI of Alcohol - Operating a vehicle with intoxicating blood alcohol concentration.
f) DUI of Drugs - Operating a vehicle with positive drug confirmatory test.
g) Field Sobriety Tests - Standardized tests (e.g., gaze, walk-and-turn) to assess intoxication.
h) Motor Vehicle - Land transportation vehicle powered by non-muscular means.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

i) Vehicles for Hazardous Materials - Designed for materials endangering public health.
j) Public Utility Vehicles - Hireable vehicles transporting passengers or goods

COVERAGE

The law covers all acts of driving and/or operating a motor vehicle while under the influence of
alcohol, and/or dangerous drugs and similar substances. Motor vehicle refers to any land
transportation vehicle propelled by any power other than muscular power, including:

1. Trucks and buses, which are motor vehicles with gross vehicle weight from 4501 kg and
above; and
2. Motorcycles, which are two- or three-wheeled motor vehicles, and which may include a
side-car attached thereto.

SCOPE

Driving Under the Influence of Alcohol (DUIA)

• Driving under the influence of alcohol (DUIA) refers to the act of operating a motor vehicle
while drunk.
o Blood Alcohol Concentration (BAC) level reached the level of intoxication. This is
determined by the Alcohol Breath Analyzer Test (ABA).
o The driver of a private motor vehicle with a gross vehicle weight not exceeding 4500
kg., a BAC of 0.05% or higher is proof that the driver is under the influence of alcohol.
o Drivers of trucks, buses, motorcycles, and public utility vehicles with a BAC of more
than 0.0% shall be proof that the driver is under the influence of alcohol.

Driving under the Influence of dangerous drugs and other similar substances (DUID)

• Driving under the influence of dangerous drugs and other similar substances (DUID) refers
to the act of operating a motor vehicle while the driver, after being subjected to a screening
and a confirmatory test, is found to be positive for use of any dangerous drugs.
o Dangerous drugs are enumerated in RA 9165.

DUI APPREHENSIONS PROCEDURE

1. Law Enforcement Officer (LEO) establishes probable cause

o By establishing probable cause, the LEO decides that there is reasonable ground to
believe that the person driving the motor vehicle is under the influence of alcohol,
dangerous drugs and/or other similar substances upon personally witnessing a
traffic offense.
2. Upon personal determination of probable cause, a deputized LEO shall flag down the
motor vehicle and determine whether or not the driver is drunk or drugged.
o Some telltale signs:
▪ Evident smell of alcohol in driver’s breath
▪ Generally slurred speech in response to questioning
▪ Bloodshot or reddish eyes
▪ Flushed face
▪ Poor coordination
▪ Difficulty in understanding and responding intelligently to questions.
3. In any case, the burden to proof to establish the existence of probable cause is on the LEO.
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

FIELD SOBRIETY TESTS

• The Eye Test (Horizontal Gaze Nystagmus)

o Refers to horizontal or lateral jerking of the driver’s eyes as he or she gazes
sideways following a moving object.
• The Walk-and-Turn
o Requires the driver to walk heel-to-toe along a straight line for nine (9) steps, turn
at the end and return to the point of origin without any difficulty.
• The One-Leg Stand
o Requires the driver to stand on either right or left leg with both arms on the side.

Indications

• If the driver passes all the three sobriety tests – the driver shall be issued traffic tickets
only for the traffic offense that got him pulled over for.
• If the driver fails any of the sobriety tests – The driver is then subjected to the breathalyzer
or ABA test.
• If the driver registers a BAC higher than the prescribed limit – The LEO impound vehicle,
arrest the driver, and turn the case over to the police officer-on-duty in the nearest police
station.
• If the LEO has reasonable grounds to believe that the driver is intoxicated with drugs or
other similar substances – the LEO shall bring the driver to the nearest police station for a
drug screening test.

PENALTIES

• If you fail the field sobriety tests, the breathalyzer exam, and the drug test: Php 50,000 –
Php 100,000 and a 6-month prison sentence.
• If you caused an injury while drunk driving: Php 150,000 – Php 250,000 and
imprisonment.
• If you caused an accident that resulted in homicide: Php 350,000 – Php 500,000 and
imprisonment.
• If you are a non-professional driver’s license holder: License will be confiscated and
suspended for 18 months for first conviction and permanently revoked for the second.
• If you are a professional driver’s license holder: License is confiscated and revoked, cannot
apply for another license in the future.

The license will be turned over to LTO for safekeeping.

Republic Act 10591

COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND

PROVIDING PENALTIES FOR VIOLATIONS THEREOF

The law recognizes the right of its qualified citizens to self-defense through the use of firearms
and regulates the ownership, possession, carrying, manufacture, dealing in and importation of
firearms, ammunition, or parts thereof, in order to provide legal support to law enforcement
agencies in their campaign against crime, stop the proliferation of illegal firearms or weapons
and the illegal manufacture of firearms or weapons, ammunition and parts thereof.

CLASSIFICATION OF FIREARMS

1. Small Arms:
• Handgun (pistol and revolver)
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

• Rifle (lever, bolt, or self-loading)

• Shotgun (smooth bore for ball shots or single projectiles)
2. Class—A Light Weapons:
• Self-loading pistols, rifles, and carbines
• Submachine guns
• Assault rifles
• Light machine guns (calibre not exceeding 7.62MM) with fully automatic mode
3. Class—B Light Weapons:
• Weapons for use by two or more persons
• Rifles and machine guns exceeding 7.62MM
• Heavy machine guns
• Handheld underbarrel and mounted grenade launchers
• Portable anti-aircraft and anti-tank guns
• Recoilless rifles
• Portable launchers of anti-tank and anti-aircraft missiles
• Mortars (calibre less than 100MM)

OFFENSES PUNISHED

Offenses Relating to Acquisition or Possession:

1. Unlawful acquisition or possession of firearms.

2. Unlawful acquisition or possession of ammunition.
3. Unlawful acquisition or possession of major parts of a firearm.
4. Buying or possessing stolen parts/materials from a firearms and ammunition company,
knowing they are stolen (Sec. 32, par. 3).

Note: Unlawful possession or acquisition of Class—A Light Weapon ammunition is

reiterated in paragraph (g) with a lighter penalty (Sec. 28).

Offenses Relating to Manufacture, Importation, or Sale:

1. Unlawful manufacture, importation, sale, or disposition of firearms, ammunition, major

firearm parts, or related machinery/tools (Sec. 32).
2. Arms smuggling (Sec. 33).
3. Unlawful taking, sale, or disposition of firearms or ammunition parts by employees of a
licensed firearms dealer (Sec. 32).

Important: Possession of machinery, tools, or instruments for firearm manufacturing by

individuals not lawfully involved in such activities is prima facie evidence of intent for
unlawful manufacture.

Other Related Offenses:

1. Carrying firearms outside residence without legal authority (Sec. 31).

2. Tampering, obliteration, or alteration of firearm identification (Sec. 34).
3. Planting firearms, ammunition, or parts as evidence (Sec. 38).
4. Failure to notify lost or stolen firearms (Sec. 40).
5. Illegal transfer or registration of firearms (Sec. 41).
6. Fraudulent facilitation of firearm registration by a public officer (Sec. 41, 2nd par.)
Special Penal Laws
Intro to Law | Atty. Hannah Barrantes | Compiled by Lourdes and Soph

QUALIFYING OR AGGRAVATING CIRCUMSTANCES

Circumstances relating to possession

• Possession of three or more short arms or Class—A Light Weapons upgrades the penalty
to reclusion temporal to reclusion perpetua.
• Illegal possession may be qualified by:
1. Loaded firearm or loaded magazine.
2. Fitted or mounted with laser or target-guidance gadgets.
3. Equipped with sniper scopes, firearm muffler, or silencer.
4. Accompanied by an extra barrel.
5. Converted for full automatic bursts.

Penalty: One degree higher, termed Qualified Illegal Possession of Firearms.

Circumstances relating to use:

• Use of a loose firearm in a crime under the Revised Penal Code or other laws is an
aggravating circumstance.
• If the crime's maximum penalty is lower than illegal firearm possession, the latter's penalty
applies. If penalties are equal, prision mayor in its minimum period is added.
• If a licensed firearm is used in a crime, it's not considered an aggravating circumstance; any
violation is treated separately (Sec. 29). Example: carrying outside residence without
authority.

PENALTIES

Simple Possession/ Acquisition

1. Small Arms Prision mayor in its medium period.

2. Class – A light weapon
3. Class – B light weapon
4. Major part of small arm
5. Major part of Class – A light weapon
6. Major part of Class – B light weapon
7. Ammunition of small arm
8. Ammunition of Class – A light
weapon
9. Ammunition of Class – B light
weapon
Prision mayor in its maximum period.
Reclusion perpetua.
Prision mayor in its minimum period.
Prision mayor in its medium period.
Prision mayor in its maximum period.
Prision mayor in its minimum period.
Prision mayor in its medium period.
Prision mayor in its maximum period.

There is a discrepancy in the law, where the possession or acquisition of ammunition of Class—
A Light Weapons is mentioned twice Sec. 28(g) and Sec. 28(i). It's likely that the inclusion in
paragraph (g) is a clerical error. Additionally, if a person is charged with unlawful possession or
acquisition of a firearm, any violation related to ammunition is absorbed within the charge of
unlawful firearm possession.

As to qualified possession