2.3 Special Laws

Lesson 2.
3 – Commonly Violated Special Laws
Commonly Violated Special Laws
CRIMINAL INVESTIGATION COURSE (CIC)

Lesson 2.3– Commonly Violated Special Laws
Lesson Goals
This lesson aims to provide the students the

knowledge of Special Laws, crimes and penalties for
the preparation in the filing of cases in court and
eventual conviction of the suspect.

Lesson Objectives
Discuss the following commonly violated laws and
corresponding penalties thereof:
• Anti-Illegal Gambling Act
• Anti-Illegal Drugs Act
• Anti-Illegal Possession of Firearms and

Explosives

Lesson Objectives
• Anti-Illegal Logging Act

• Anti-Illegal Fishing Act
• Anti-Carnapping Law
• Intellectual Property Code
• Anti-Piracy and Highway Robbery Law

Lesson Objectives
• Law on Smuggling
• Anti-Money Laundering Act
• Anti-Fencing Act
• Anti-Voyeurism Act
• Anti-Camcording Act
• Anti-Human Security Act

Lesson Objectives
Determine the specific crime/violation

necessary in the investigation, documentation and
filing of cases.

Anti-illegal Gambling Act (PD 1602

as amended by RA 9287)
Declaration of Policy
to promote a just and dynamic social order

that will ensure the prosperity and independence
of the nation and free the people from poverty
through policies that provide adequate social
services, promote full employment, a rising
standard of living, and an improved equality of
life for all.

Definition of Terms
Illegal Number Games - Any form of illegal
gambling activity which uses numbers or
combinations as factors in giving out jackpots.
Jueteng – An illegal numbers game that involves

the combination of 37 numbers from number one
to 37 serving as a form of local lottery where bets
are placed and accept per combination and its
variants.

Definition of Terms
Masiao – An illegal number games where the
winning combination is derived from the results
of the last game of Jai Alai based on the fictitious
Jai Alai game consisting of ten (10) players pitted
against one another.
Latter Two –An illegal numbers game where the

winning combination is derived from the last two
numbers of the first prize of the winning
Sweepstakes ticket.

Definition of Terms
Bettor (Mananaya or Tayador)- Any person
who places bets for himself/herself or on behalf of
another person, or any person, other than the
personnel or staff of any illegal numbers game
operation.
Financiers or Capitalist - Any person who

finances the operations of any illegal numbers
game.

Definition of Terms
Personnel or Staff of Illegal Number Games

Operation.
Any person who acts in the interest of the

maintainer, manager, operator or any other
personnel performing such similar functions in a
building structure, vessel, vehicles, or any other
place where an illegal numbers game is operated
or conducted.

Definition of Terms
Collector or Agent (Cabo/Cobrador) - Any person,

who collects, solicits or produces bets on behalf
of his/her principal for an illegal numbers game
who is usually in possession of gambling
paraphernalia.
Protector or Coddler - Any person who lends or

provides protection, or receives benefits in any
manner in the operation of any illegal numbers
game.

Definition of Terms
Coordinator, Controller or Supervisor (Encargado)
- Any person who exercises control and
supervision over the collector or agent.
Maintainer, Manager, or Operator - Any person

who maintains, manages or operates an illegal
numbers game in a specific area from whom the
coordinator, controller or supervisor and collectors
or agents get orders.

Punishable Acts
• The penalty of imprisonment from 30 days to 90

days, if such Person acts as a bettor.
• The penalty of imprisonment from six years and

one day to eight years if such person acts as
personnel or staff of an illegal numbers game
operation. Same penalty shall likewise be
imposed on any person who allows his vehicle,
house, building or land to be used in the
operation of the illegal numbers game.

Punishable Acts
• The penalty of imprisonment from eight (8)
years and one (1) day to ten (10) years if such
person acts as collector or agent.
• The penalty of imprisonment from ten (10) years

and one (1) day to 12 years, if such person acts
as a coordinator, controller or supervisor.
• The penalty of imprisonment from twelve (12)

years and one (1) day to fourteen (14) years if
such person acts as a maintainer, manager or
operator.

Punishable Acts
• The penalty of imprisonment from fourteen (14)

years and one (1) day to sixteen (16) years if
such person acts as a financier or capitalist.
• The penalty of imprisonment from sixteen (16)

years and one (1) day to twenty (20) years if
such person acts as a protector or coddler.

Liability of Government Employees

and Public Officials
• If the collector ,agent, coordinator, controller

,supervisor, maintainer, manager, operator,
financer, or capitalist of any illegal numbers
game is a government employee and or public
official, whether elected or appointed, he shall
suffer the penalty of twelve (12) years and one
(1) day to twenty years (20) and a fine ranging
from Three Million pesos (3,000,000.00) to Five
Million pesos (5,000,000.00) and perpetual
absolute disqualification from public office.

Witness Protection
Any person who provides material information,

whether testimonial or documentary, necessary
for the investigation or prosecution of individuals
committing the offenses shall be placed under the
Witness Protection Program pursuant to Republic
Act 6981.

Informer’s Reward
Any person who, having knowledge or
information of any offense committed and who
shall disclose the same which may lead to the
arrest and final conviction of the offender, may be
rewarded a certain percentage of the cash money
or articles of value confiscated or forfeited in favor
of the government.
.

Anti-Illegal Drugs Act (RA 6425

Declaration of Policy
To safeguard the integrity of its territory and
the well-being of its citizenry, particularly the
youth, from the harmful effects of dangerous
drugs on their physical and mental well-being
and to defend the same against acts or
omission detrimental to their development and
preservation, the government shall pursue an
intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and
other similar substances through policies,
programs and projects
Anti-Illegal Drugs Act (RA 6425

Definition of Terms
Chemical Diversion - The sale, distribution, supply

or transport of legitimately imported, transited,
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.

Definition of Terms
Clandestine Laboratory - Any facility used for the
illegal manufacture of any dangerous drug and/or
controlled precursor and essential chemicals.
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.

Definition of Terms
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.
Deliver- Any act of knowingly passing a

dangerous drug to another personally or
otherwise and by any means with or without
consideration.

Definition of Terms
Den, Dive or Resort- A place where any
dangerous drug 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 use of prescription.

Definition of Terms
Drug Dependence- It is the 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.

Definition of Terms
Employee of a Den, Dive or Resort- the caretaker,

helper, watchman, lookout, and other persons
working in the den, dive or resort employed by the
maintainer, owner and/or operator where any
dangerous drug and/or controlled precursor and
essential chemical is administered, delivered,
distributed, sold or used with or without
compensation in connection with the operation.

Definition of Terms
Drug Syndicate- Any organized group of two (2) or

more persons forming or joining together with the
intention of committing the distribution and selling
of prohibited drugs.
Financier- Any person who pays for, raises or

supplies money for or underwrites any of the
illegal activities.

Definition of Terms
Illegal Trafficking - The illegal cultivation, culture,

delivery, administration, disposition, manufacture,
sale, trading, transportation, distribution,
importation, exportation and possession of any
essential chemical.

Definition of Terms
Instrument - Anything that is used in or intended to

be used in any manner in the commission of
illegal drug trafficking or related offenses.
Laboratory Equipment- The paraphernalia,

apparatus, materials or appliances when used,
intended for use or designed for use in the
manufacture of any dangerous drug and/or
controlled precursor and essential chemical.

Definition of Terms
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.
Trading - Transactions involving the illegal

trafficking of dangerous drugs and/or controlled
precursors and essential chemicals.

Definition of Terms
Planting of Evidence- The willful act by any

person of maliciously and surreptitiously inserting,
placing, adding or attaching directly or indirectly
through any overt or covert act any quantity of any
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.

Definition of Terms
Protector/Coddler- Any person who knowingly

consents to the unlawful acts provided 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 or suspects has violated in
order to prevent the arrest, prosecution, and
conviction of the violator.

Definition of Terms
Pusher- Any person who sells, trades,

administers, dispenses, delivers transits or
transports dangerous drugs or who acts as a
broker in any of such transactions.
Sell- Any act of giving away any dangerous drug

and/or controlled precursor and essential
chemical whether for money or any other
consideration.

Definition of Terms
Use- Any act of injecting, intravenously or

consuming either by chewing, smoking,
sniffing, eating, swallowing or drinking.

Unlawful Acts and Penalties

Unlawful Acts Penalties
Importation of Dangerous life imprisonment to death and a

Drugs and/or Controlled fine ranging from Five Hundred
Precursors and Essential Thousand Pesos (Php
Chemicals 500,000.00) to Ten Million
Pesos (Php10,000,000)
Sale, Trading, Administration, life imprisonment to death and a
Dispensing, Delivery, fine ranging from Five hundred
Distribution, and thousand pesos (Php 500,000)
Transportation of Dangerous to Ten million pesos (Php
Drugs and or Controlled 10,000,000)
Precursors and Essential
Chemicals-


Possession of The penalty of life imprisonment to death
Dangerous Drugs and a fine ranging from Five hundred
thousand pesos (500,000) to ten million
pesos(10,000,000) of the following
quantities, regardless of the degree of
purity:
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;
5) 50 grams or more of methamphetamine
hydrochloride or
shabu;
6) 10 grams or more of marijuana; and
7) 500 grams or more of ecstacy


Possession of Dangerous Drugs maximum penalties.
during parties, social gatherings
or meetings
Use of Dangerous Drugs minimum of six months
rehabilitation in a government
center for the first offense. If
apprehended for the second time,
he/she shall suffer the penalty of
imprisonment ranging from six
years and one day to twelve (12)
years and a fine ranging from Fifty
thousand pesos (Php 50,000) to
two hundred thousand pesos
(200,000).


Cultivation or Culture of Plants The penalty of life imprisonment to
Classified as Dangerous Drugs death and a fine ranging from Five
hundred thousand pesos (Php
500,000) to Ten million pesos
(10,000,000)
Criminal Liability for Planting of penalty of death.

Evidence


Criminal Liability of a public The penalty of life imprisonment to
officer or employee for death and a fine ranging from five
misappropriation, misapplication hundred thousand (500,000) pesos
or failure to account for the to ten million (10,000,000) pesos in
confiscated, seized and or addition to absolute perpetual
surrendered dangerous drugs, disqualification from any public
plant sources of dangerous office,
drugs, controlled precursors and
essential chemicals,
instruments/paraphernalia/
laboratory equipment-

PD 1866 AS AMENDED BY RA
8294, RA 9516 AND RA 10591.
ANTI-ILLEGAL POSSESSION
OF FIREARMS AND
EXPLOSIVES

DEFINITION OF TERMS
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.

DEFINITION OF TERMS
Ammunition- refers to a complete unfixed unit

consisting of a bullet, gunpowder, cartridge case
and primer or loaded shell for use in any firearm.
Demilitarized Firearm- refers to a firearm

deliberately made incapable of performing its
main purpose of firing a projectile.

DEFINITION OF TERMS
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.

DEFINITION OF TERMS
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.

DEFINITION OF TERMS
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 parts
thereof, at wholesale or retail basis.

DEFINITION OF TERMS
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.

DEFINITION OF TERMS
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.

DEFINITION OF TERMS
Imitation Firearm- refers to a replica of a

firearm, or other device that is 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.

DEFINITION OF TERMS
Loose Firearm - refers to an unregistered

firearm, an obliterated or altered firearm,
firearm which has been lost or stolen, illegally
manufactured firearms, registered firearms in
the possession of an individual other than the
licensee and those with revoked licenses in
accordance with the rules and regulations.

DEFINITION OF TERMS
Permit to Carry Firearm Outside of Residence-

refers to a written authority issued to a licensed
citizen by the Chief of the PNP which entitles
such person to carry his/her registered or
lawfully issued firearm outside of the residence
for the duration and purpose specified in the
authority.

DEFINITION OF TERMS
Residence- refers to the place or places of

abode of the licensed citizen as indicated in
his/her license.

APPROPRIATE LICENSE UNDER

THE FOLLOWING CATEGORIES:
Type 1 license – allows a citizen to own and

possess a maximum of 2 registered firearms
possess a maximum of 5 registered firearms;
possess a maximum of 10 registered firearms;

APPROPRIATE LICENSE UNDER

THE FOLLOWING CATEGORIES:

possess a maximum of 15) registered firearms;
Type 5 license – allows a citizen, who is a

certified gun collector, to own and possess more
than 15 registered firearms.

Renewal of Licenses and

Registration
All types of licenses to possess a firearm shall

be renewed every two (2) years.
The registration of the firearm shall be renewed

every four (4) years.

Acquisition or Purchase and Sale of

Firearms and Ammunition
Firearms and ammunition may only be acquired

or purchased from authorized dealers, importers
or local manufacturers and may be transferred
or sold only from a licensed citizen or licensed
juridical entity to another licensed citizen or
licensed juridical entity

Unlawful Acquisition, or Possession

of Firearms and Ammunition
a. The penalty of prision mayor in its medium

period shall be imposed upon any person who
shall unlawfully acquire or possess a small arm;


b. 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;


c. The penalty of prision mayor in its maximum

shall unlawfully acquire or possess a Class-A
light weapon;
d. The penalty of reclusion perpetua shall be

imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;


e. The penalty of prision mayor in its maximum

shall unlawfully acquire or possess a Class-A
light weapon;
f. The penalty of reclusion perpetua shall be

imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;

Class-B light weapon
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.

Class-B light weapon
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.


a. The penalty of prision mayor in its minimum

shall unlawfully acquire or possess a major part
of a small arm;


b. The penalty of prision mayor in its minimum

shall unlawfully acquire or possess ammunition
for a small arm or Class-A light weapon.


c. The penalty of prision mayor in its medium

of a Class-A light weapon;


d. The penalty of prision mayor in its medium

shall unlawfully acquire or possess ammunition
for a Class-A light weapon.


e. The penalty of prision mayor in its maximum

of a Class-B light weapon; and

Tampering, Obliteration or Alteration

of Firearms Identification
The penalty of prision correccional to prision
mayor in its minimum period shall be imposed
upon any person who shall tamper, obliterate or
alter without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including the
name of the maker, model, or serial number of
any firearm,

Tampering, Obliteration or Alteration

of Firearms Identification
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.

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

Liability for Planting Evidence
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 perpetual.

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:
a. Commission of a crime or offense involving the

firearm, ammunition, of major parts thereof;

b. Conviction of a crime involving moral

turpitude or any offense where the penalty carries
an imprisonment of more than six (6) years;
c. Loss of the firearm, ammunition, or any parts

thereof through negligence;
d. Carrying of the firearm, ammunition, or major

parts thereof outside of residence or workplace
without, the proper permit to carry the same.

e. Carrying of the firearm, ammunition, or major

parts thereof in prohibited places
f. Dismissal for cause from the service in case of

government official and employee;
g. Commission of any of the acts penalized under

Republic Act No. 9165, otherwise known as the
"Comprehensive Dangerous Drugs Act of 2002.

h. Submission of falsified documents or

misrepresentation in the application to obtain a
license or permit;
i. Noncompliance of reportorial requirements; and
j. By virtue of a court order.

Persons in possession of unregistered firearms

and holders of expired license or unregistered
firearms shall register and renew the same
through the Final General Amnesty within six (6)
months from the promulgation of the implementing
rules and regulations of this Act.

During the interim period of six (6) months, no

person applying for license shall be charged of
any delinquent payment accruing to the firearm
subject for registration. The PNP shall conduct an
intensive nationwide campaign to ensure that the
general public is properly informed of the
provisions of this Act.

PD 705 – ANTI-ILLEGAL LOGGING

(REVISED FORESTRY CODE)
1. Prohibited Acts
a. Cutting, Gathering and/or Collecting Timber, or

Other Forest Products without License- Any person
who shall cut, gather, collect, remove timber or other
forest products from any forestland, or timber for
alienable or disposable


public land, or from private land, without any

authority, or possess timber or other forest products
without the legal documents as required under
existing forest laws and regulations, shall be
punished with the penalties imposed under Articles
309 and 310 of the Revised Penal Code:


a. Provided, That in the case of partnership,

associations, or corporations, the officers who
ordered the cutting, gathering, collection or
possession shall be liable, and if such officers are
aliens, they shall, in addition to the penalty, be
deported without further proceedings on the part of
the Commission on Immigration and Deportation.


b. Destruction of Forest lands and Grazing Lands -

Any person who enters and occupies or
possesses, or makes kaingin for his own private
use or for others, any forestland or grazing land
without authority under a license agreement, lease,
license or permit, or in any manner destroys such
forestland or grazing land


without authority under a license agreement,

lease, license or permit, or in any manner destroys
such forestland or grazing land or part thereof, or
causes any damage to the timber stand and other
products and forest growth found therein, or who
assists, aids or abets any other person to do so, or
sets a fire


or negligently permits a fire to be set in any

forest land or grazing land, or refuses to vacate the
area when ordered to do so, pursuant to the
provisions of Section 53 hereof shall, upon
conviction, be fined an amount of not less than Five
Hundred Pesos (P500.00),


nor more than Twenty Thousand Pesos

(Php20,000.00) and imprisoned for not less than six
months nor more than two years for each such
offense, and be liable to the payment of ten (10)
times the rental fees and other charges which
would have accrued had the occupation and use of
the land been authorized under a


license agreement, lease, license or permit:

Provided, That in the case of an offender found
guilty of making kaingin, the penalty shall be
imprisonment for not less than two (2) nor more
than four (4) years and a fine equal to eight (8)
times the regular forest charges due on the forest
products destroyed without prejudice


to the payment of the full cost of production of

the occupied area as determined by the Bureau:
Provided, further, That the maximum of the penalty
prescribed herein shall be imposed upon the
offender who repeats the same offense and double
the maximum of the penalty upon the offender who
commits the same offense for the third time.


c. Pasturing of Livestock- Imprisonment for not

less than six (6) months nor more than two (2)
years and a fine equal to ten (10) times the regular
rentals due, in addition to the confiscation of such
livestock and all improvements introduced in the
area in favor of the government, shall be imposed
upon any


person, who shall, without authority under a

lease or permit, graze or cause to graze livestock
in forest lands, grazing lands and alienable and
disposable lands which have not as yet been
disposed of in accordance with the Public Land
Act


d. Illegal Occupation of National Parks System

and Recreation Areas and Vandalism.
Any person who shall, without permit, occupy

for any length of time any portion of the national
parks system or shall, in any manner cut, destroy,
damage or remove timber or any species or
vegetation or forest


cover and other natural resources found therein,

or shall mutilate, deface or destroy objects of
natural beauty or of scenic value within areas in
the national parks system, shall be fined not less
than five hundred pesos (P500.00) pesos or more
than twenty thousand (P20,000.00) pesos
exclusive of the value of the thing damaged.


e. Destruction of Wildlife Resources
Any person violating the provisions of Section 55

of this Code, or the regulations promulgated
thereunder, shall be fined not less than one hundred
pesos (P100.00) for each such violation and in
addition shall be denied a permit for a period of
three (3) years from the date of the violation.



2. Arrest; Institution of Criminal Actions

a. A forest officer or employee of the Bureau or
any personnel of the Philippine National Police shall
arrest, even without warrant, any person who has
committed or is committing in his presence any of
the offenses defined in this Chapter.



b. If the arrest and seizure are made in the

forest, far from the authorities designated by law
to conduct preliminary investigations, the delivery
to, and filing of the complaint with, the latter shall
be done within a reasonable time sufficient to the
place of delivery.


c. The Department Head may deputize any

agency, barangay or barrio official, or any qualified
person to protect the forest and exercise the power
or authority provided for in the preceding paragraph;

RA 8550. ANTI-ILLEGAL FISHING.

PHILIPPINE FISHERIES CODE OF
1998 (RA 8550)
1. Unauthorized Fishing or Engaging in Other

Unauthorized Fisheries Activities:
a. No person shall exploit, occupy, produce breed,

culture, capture or gather fish, fry or fingerlings of any
fisheries species or fishery activity in Philippine Waters.


1998 (RA 8550)
b. Discovery of any person in an area where he has no

permit or registration papers for a fishing vessel shall
constitute a prima facie presumption that the person
and/or vessel is engaged in unauthorized fishing
Provided, That fishing for daily food sustenance or
for leisure which is not for commercial, occupation
or livelihood purposes may be allowed


1998 (RA 8550)
2. Use of Fine Mesh Net
a. It shall be unlawful to engage in fishing using nets

with mesh smaller than that with which may be fixed
by the Department: Provided, that the prohibition on
the use of fine mesh net shall not apply to the
gathering of fry, glass eels, elvers, tavios and alamang.


1998 (RA 8550)
b. Violation of the above shall subject the

offender to a fine from Two thousand pesos (Php
2,000.00) to Twenty thousand pesos (P
20,000.00) or imprisonment from 6 months to 2
years or both such fine and imprisonment at the
discretion of the court:


1998 (RA 8550)
Provided, That if the offense is committed by a

commercial fishing vessel, the boat captain and the
master fisherman shall also be subject to the penalties
provided herein: Provided, further That the
owner/operator of the commercial fishing vessel, the
boat captain and the master fisherman


1998 (RA 8550)
3. Ban on Coral Exploitation and Exportation
It shall be unlawful for any person or corporation to

gather, possess, sell or export ordinary precious and
semi-precious corals, whether raw or in processed form,
except for scientific or research purposes.


1998 (RA 8550)
4. Ban on Muro-Ami, Other Methods and Gear
Destructive to Coral Reef and Other Marine Habitat.
a. It shall be unlawful for any person, natural or

juridical, to fish with gear method that destroys coral
reefs, sea grass beds, and


1998 (RA 8550)
other fishery marine life habitat as may be

determined by the Department. “Muro-Ami” and any
of its variation, and such similar gear and methods
that require diving, other physical or mechanical acts
to pound the coral reefs and other habitat to entrap
gather of catch fish and other fishery species are
also prohibited.



1998 (RA 8550)
b. The operator, boat captain, master fisherman, and

recruiter or organizer of fish workers who violate this
provision shall suffer a penalty of Two (2) years to
ten (10) years imprisonment and a fine of not less
than One hundred thousand pesos (P 100,000.00)
to Five hundred thousand pesos (P 500,000.00)



1998 (RA 8550)
5. Illegal Use of Super Lights

a. It shall be unlawful to engage in fishing with the
use of super lights in municipal waters or in
violation of the rules and regulations which may be
promulgated by the Department on the use of super
lights outside municipal waters.


1998 (RA 8550)
b. Violation of this provision shall be punished by

imprisonment from six (6) months to two (2) years or
a fine of Five thousand pesos (P 5,000.00) per
superlight, or both such fine and imprisonment at the
discretion of the courts.



1998 (RA 8550)
6. Conversion of Mangroves
a. It shall be unlawful for any person to convert
mangroves into fishponds or for any other
purposes; and


1998 (RA 8550)
b. Violation of the provision of this section shall be

punished by imprisonment of six (6) years and one
(1) day to twelve (12) years and/or a fine of Eighty
thousand pesos (P 80,000.00):


1998 (RA 8550)
7. Fishing in Overfished Areas and During Closed

Season
a. It shall be unlawful to fish in overfished areas and

during closed season; and


1998 (RA 8550)

punished by imprisonment of six (6) months and
one (1) day to six (6) years and/or a fine of Six
thousand pesos (P 6,000.00) and by forfeiture of the
catch and cancellation of fishing permit or license.


1998 (RA 8550)
8. Fishing in Fishery Reserves, Refuge and

Sanctuaries.

a. It shall be unlawful to fish in fishery areas
declared by the Department as fishery reserves,
refuge and sanctuaries; and


1998 (RA 8550)
punished by imprisonment of Two (2) years to Six
(6) years and/or fine of Two thousand pesos (P
2,000.00) to Twenty thousand pesos (P 20,000.00)
and by forfeiture of the catch and the cancellation
of fishing permit or license.


1998 (RA 8550)
9. Fishing or Taking of rare, Threatened or

Endangered Species

a. It shall be unlawful to fish or take rare, threatened
or endangered species as listed in the CITES and as
determined by the Department;


1998 (RA 8550)

punished by imprisonment of twelve (12) years to
twenty (20) years and/or a fine of One hundred and
twenty thousand pesos (P 120,000.00) and
forfeiture of the catch, and the cancellation of
fishing permit.

RA 6539. ANTI-CARNAPPING LAW
A. Definition of Terms:
1. Carnapping- is the taking, with intent to

gain, of a motor vehicle belonging to
another without the latter’s consent, or by
violence against or intimidation of persons, or
by using force upon things
.
A. Definition of Terms:
2. Defacing or tampering with serial number-is the

erasing, scrapping, altering or changing of the
original factory inscribed serial number on the motor
vehicle engine, engine block or chassis of a motor
vehicle
.
B. Penalty for Carnapping – Any person who is

found guilty of carnapping irrespective of the value
of motor vehicle taken, shall be punished by
imprisonment of not less than fourteen years and
eight months and not more than seventeen and four
months

RA 8293 INTELLECTUAL PROPERTY

RIGHTS CODE
A. State Policy Declarations- The State

recognizes that an effective intellectual and
industrial property system is vital to the
development of domestic and creative activity,
facilitates transfer of technology, attracts foreign
investments, and ensures market access for our
products.

RA 8293 INTELLECTUAL PROPERTY

RIGHTS CODE
b. Laws Repealed- Republic Act No. 8293

repealed all Acts and parts of Acts inconsistent
therewith, more particularly:

Republic Act No. 165, as amended [An Act
Creating a Patent Office, Prescribing its Powers
and Duties, Regulating the Issuance of Patents,
and Appropriating Funds Therefor.

PD 532 ANTI-PIRACY AND ANTI-HIGHWAY

ROBBERY LAW
A. Definition of Terms
1. Philippine Waters – It shall refer to all bodies

of water, such as 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 over which the Philippine has sovereignty or
jurisdiction.

PD 532 ANTI-PIRACY AND ANTI-

HIGHWAY ROBBERY LAW
2. Highway Robbery – The seizure of any person

for ransom, extortion or other unlawful purposes, or
the taking away of the property of another by
means of violence against or intimidation of
persons or force upon things or other unlawful
means committed by any person on any Philippine
Highway

PD 532 ANTI-PIRACY AND ANTI-HIGHWAY

ROBBERY LAW
3. Piracy – The penalty of reclusion temporal in its

maximum periods shall be imposed. If physical
injuries or other crimes are committed as a result
or on the occasion, the penalty reclusion perpetua
shall be imposed

RA 455 LAW ON SMUGGLING
Salient Features of RA 455:
Section 1. Section two thousand seven hundred

and two of the Revised Administrative Code is
hereby amended to read as follows:
a. "Sec. 2702 Unlawful importation of

merchandise. — Any person who shall fraudulently
or knowingly import or bring into the Philippines, or
assist in so doing any merchandise, contrary to
law, or shall receive,

RA 455 LAW ON SMUGGLING
Salient Features of RA 455:
b. "When, upon trial for a violation of this section,

the defendant is shown to have or to have had
possession of the merchandise in question, such
possession shall be deemed sufficient evidence to
authorize conviction, unless the defendant shall
explain the possession to the satisfaction of the
court."

RA 9160 ANTI-MONEY LAUNDERING

ACT
1 Declaration of Policy – It is the policy of the

State to protect and preserve the integrity and
confidentiality of bank accounts and to ensure that
the Philippines shall not be used as a money
laundering site for the proceeds of any unlawful
activity.


ACT
2. Definition, Jurisdictions and Penalties
a. Money Laundering Offense – Money

laundering is a crime whereby the proceeds of an
unlawful activity are transacted, making them
appear to have originated from legitimate sources.


ACT
2. Definition, Jurisdictions and Penalties
b. Jurisdiction of Money Laundering Cases – the

Regional Trial Court shall have jurisdiction to try all
cases on money laundering

PD1612 ANTI-FENCING LAW OF 1979

1.Definition of Terms.

a. 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.

1.Definition of Terms.

b. Fence- includes any person, firm, association
corporation or partnership or other organization
who/which commits the act of fencing.

2. Penalties

a. The penalty of prision mayor, if the value of the
property involved is more than Twelve Thousand
Pesos (Php12,000.) but not exceeding Twenty Two
Thousand Pesos (Php22,000.); if the value of such
property exceeds the latter sum, the penalty
provided in this paragraph shall be imposed in its
maximum period.


2. Penalties

adding one year for each additional Ten Thousand
Pesos (Php10,000.); but the total penalty which
may be imposed shall not exceed twenty years. In
such cases, the penalty shall be termed reclusion
temporal and the accessory penalty pertaining
thereto provided in the Revised Penal Code shall
also be imposed.


2. Penalties

b. The penalty of prision correccional in its medium

and maximum periods, if the value of the property
robbed or stolen is more than Six Thousand Pesos
(Php6,000.) but not exceeding Twelce Thousand
Pesos (Php12,000.).


2. Penalties

b. The penalty of prision correccional in its
minimum and medium periods, if the value of the
property involved is more than Two Hundred Pesos
(Php200.) but not exceeding Six Thousand Pesos
(Php6,000.).


2. Penalties

c. The penalty of prision correccional in its
minimum and medium periods, if the value of the
property involved is more than Two Hundred Pesos
(Php200.) but not exceeding Six Thousand Pesos
(Php6,000.).


3. Visitorial Power
It shall be the duty of the owner of the store or of

the president, manager or responsible officer-in-
charge of any firm, establishment or other entity or
of an individual having in his premises articles to be
sold or offered for sale to the public to allow the
Station Commander or his authorized
representative to exercise visitorial powers.

RA9995 ANTI-VOYEURISM ACT

A. Definition of Terms.
1. Broadcast- means to make public, by any

means, a visual images with the intent that it be
viewed by a person or persons;
2. Capture with respect to an image- means to

videotape, photograph, film, record by any means,
or broadcast.

A. Definition of Terms.
3. Female breast- means any portion of the female

breast.
4. Private area of a person- means the naked or

undergarment clad genitals, public area, buttocks or
female breast of an individual.


B. Prohibited Acts
1. 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, pubic area, buttocks or
female breast without the consent of the person;

B. Prohibited Acts
2. 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;

B. Prohibited Acts
3. 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

B. Prohibited Acts
4. 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.


B. Penalty
The penalty of imprisonment of not less that 3

years but not more than 7 years and a fine of not
less than One Hundred Thousand Pesos
(Php100,000.00) but not more than Five Hundred
Thousand Pesos (Php500,000.00), or both, at the
discretion of the court shall be imposed upon any
person found guilty of violating Section 4 of this Act.

RA 10088 ANTI CAMCORDING ACT OF

2010
1. Definition of Terms
a. Audiovisual work- a work that consists of a
series of related images which are intrinsically
intended to be shown by the use of machines or
devices such as projectors, viewers or electronic
equipment, together with accompanying sounds, if
any, regardless of the nature of the material objects,
such as films or tapes, in which the works are
embodied.

2010
b. Audiovisual recording device- a digital or analog

photographic or video camera, or any other
technology or device capable of enabling the
recording or transmission of a cinematographic film
or other audiovisual work, or any part thereof,
regardless of whether audiovisual recording is the
sole or primary purpose of the device.


2010
c. Authorized Persons- are the members of the

Philippine National Police (PNP) and the National
Bureau of Investigation (NBI) and/or any other
person duly authorized by the same to exercise
powers conferred upon by this Act.
d. "Camcording"- any of the unlawful acts

enumerated under Section 3 of this Act.

2010
e. "Copy"- any article or thing in which the visual

images or sounds comprised in any
cinematographic film or audiovisual work are
embodied, and includes the making of a copy which
is in electronic format or transient or incidental to
some other use thereof.


2010
g. "Relevant authority"- the officers, members and

responsible personnel of law enforcement agencies
such as the PNP and their adjuncts and the NBI.


2010
2. Acts Constituting Unauthorized Possession
Use and/or Control of Audiovisual Recording

Devices. - It shall be unlawful for any person, at a
time when copyright subsists in a cinematographic
film or other audiovisual work or its soundtrack and
without the authorization of the copyright owner or
exclusive licensee thereof, to


2010
a. have in his/her possession, an audiovisual

recording device in an exhibition facility, with the
intent of using or attempts to use the audiovisual
recording device to transmit or make a copy of any
performance in the exhibition facility of such
cinematographic film or other audiovisual work or its
soundtrack, or any part thereof; or


2010
b. use or attempt to use an audiovisual recording

device to transmit or make a copy of any
performance in an exhibition facility of such
soundtrack, or any part thereof;
c. aid, abet or connive in the commission of the acts

prohibited under this section.

2010
3. Penalties
Any person who will be found guilty of violating

the provision of this law shall be subject to a fine of
Fifty thousand pesos (Php50,000.00) but not
exceeding Seven hundred fifty thousand pesos
(Php750,000.00) and imprisonment of six (6)
months and one (1) day to six (6) years and one (1)
day.

2010
4. Presumptions as to the Subsistence of Copyright
and/or Ownership of Copyright
Copyright shall be presumed to subsist in the

subject cinematographic film or other audiovisual
work or its soundtrack if the accused does not put in
issue the question as to whether copyright subsists
therein. However:


2010
4.Presumptions as to the Subsistence of Copyright
and/or Ownership of Copyright
where the accused puts such question in issue

but does not satisfy the court that he/she does so in
good faith, the presumption as to the subsistence of
copyright herein shall apply, notwithstanding that the
accused puts that question in issue;


2010
5. No Defense on Account of Use for Private or

Domestic Purposes - It shall not be a defense that
the transmission or making of the copy of the
soundtrack, or any part thereof, was for private or
domestic purposes or in connection with a fair use
deal.


2010
6. Requirement for Posting of Notices in an

Exhibition Facility on the Prohibition Against the
Bringing into Said Exhibition Facility of Audiovisual
Recording Devices and the Like.

RA 9372 ANTI-HUMAN SECURITY

Human Security Act
1. Declaration Policy
- It is declared a policy of the State to protect
life, liberty, and property from acts of terrorism,
to condemn terrorism as inimical and
:
dangerous to the national security of the
country and to the welfare of the people, and to
make terrorism a crime against the Filipino
people, against humanity, and against the law
of nations.
OTHER SPECIAL LAWS. RA 8049.

ANTI- HAZING LAW
Hazing
An initiation rite or practice as a prerequisite for

admission into membership in a fraternity, sorority
or organization by placing the recruit, neophyte or
applicant 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.

ANTI- HAZING LAW
The person or persons who participated in the

hazing shall suffer:
a. The penalty of reclusion perpetua (life

imprisonment) if death, rape, sodomy or
mutilation results there from;



ANTI- HAZING LAW

b. The penalty of reclusion temporal in its

maximum period (17 years, 4 months and 1 day to
20 years) if in consequence of the hazing the
victim shall become insane, imbecile, impotent or
blind;


ANTI- HAZING LAW
c. The penalty of prison mayor in its maximum

period (ten years and one day to 12 years) if in
consequence of the hazing the victim shall have
been ill or incapacitated for the performance on
the activity or work in which he was habitually
engaged for a period of more than 30 days .


ANTI- HAZING LAW
d. The penalty of prison correccional in its

maximum period (4 years, 2 months and one day
to 6 years) if in consequence of the hazing the
victim sustained physical injuries which do not
prevent him from engaging in his habitual activity
or work nor require medical attendance

SUMMARY
This lessons provided the participants with

both basic and advance knowledge on the
various Special Laws related to crimes
committed by law-breakers to help them in the
investigation of cases they handle, thus will
make them better investigators.

2.3 Special Laws

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2.3 Special Laws

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Lesson 2.

3 – Commonly Violated Special Laws

Commonly Violated Special Laws

CRIMINAL INVESTIGATION COURSE (CIC)

This lesson aims to provide the students the

CRIMINAL INVESTIGATION COURSE (CIC)

• Anti-Illegal Gambling Act

• Anti-Illegal Drugs Act

• Anti-Illegal Possession of Firearms and

CRIMINAL INVESTIGATION COURSE (CIC)

• Anti-Illegal Logging Act

• Intellectual Property Code

• Anti-Piracy and Highway Robbery Law

CRIMINAL INVESTIGATION COURSE (CIC)

• Anti-Money Laundering Act

• Anti-Human Security Act

CRIMINAL INVESTIGATION COURSE (CIC)

Determine the specific crime/violation

CRIMINAL INVESTIGATION COURSE (CIC)

Anti-illegal Gambling Act (PD 1602

to promote a just and dynamic social order

CRIMINAL INVESTIGATION COURSE (CIC)

Jueteng – An illegal numbers game that involves

CRIMINAL INVESTIGATION COURSE (CIC)

Latter Two –An illegal numbers game where the

CRIMINAL INVESTIGATION COURSE (CIC)

Financiers or Capitalist - Any person who

CRIMINAL INVESTIGATION COURSE (CIC)

Personnel or Staff of Illegal Number Games

Any person who acts in the interest of the

CRIMINAL INVESTIGATION COURSE (CIC)

Collector or Agent (Cabo/Cobrador) - Any person,

Protector or Coddler - Any person who lends or

CRIMINAL INVESTIGATION COURSE (CIC)

Maintainer, Manager, or Operator - Any person

CRIMINAL INVESTIGATION COURSE (CIC)

• The penalty of imprisonment from 30 days to 90

• The penalty of imprisonment from six years and

CRIMINAL INVESTIGATION COURSE (CIC)

• The penalty of imprisonment from ten (10) years

• The penalty of imprisonment from twelve (12)

CRIMINAL INVESTIGATION COURSE (CIC)

• The penalty of imprisonment from fourteen (14)

• The penalty of imprisonment from sixteen (16)

CRIMINAL INVESTIGATION COURSE (CIC)

Liability of Government Employees

• If the collector ,agent, coordinator, controller

CRIMINAL INVESTIGATION COURSE (CIC)

Any person who provides material information,

CRIMINAL INVESTIGATION COURSE (CIC)

CRIMINAL INVESTIGATION COURSE (CIC)

Anti-Illegal Drugs Act (RA 6425

Anti-Illegal Drugs Act (RA 6425

Chemical Diversion - The sale, distribution, supply

CRIMINAL INVESTIGATION COURSE (CIC)

Controlled Delivery - The investigative technique

CRIMINAL INVESTIGATION COURSE (CIC)

Cultivate or Culture - Any act of knowingly

Deliver- Any act of knowingly passing a

CRIMINAL INVESTIGATION COURSE (CIC)

Dispense- Any act of giving away, selling or

CRIMINAL INVESTIGATION COURSE (CIC)

Drug Dependence- It is the cluster of