R.A.
3019 (Graft and Corrupt Practices)
Acts Punishable and/or their Elements
SECTION 3 (a)
Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation or offense
Elements of first act punished under Sec. 3(a):
(1) Accused is a public officer;
(2) He persuades, induces or influences another public officer to perform an act;
(3) The act constitutes a violation of rules and regulations duly promulgated by competent
authority, or an offense in connection with the official duties of the latter
Elements of second act punished under Sec. 3(a):
(1) Accused is a public officer;
(2) He allows himself to be persuaded, induced, or influenced by another public officer to
perform an act;
(3) The act constitutes a violation of rules and regulations duly promulgated by competent
authority, or an offense in connection with the official duties of the latter
SECTION 3 (b)
Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit,
for himself or for any other person, in connection with any contract or transaction between
the Government and any other part, wherein the public officer in his official capacity has to
intervene under the law.
Elements:
(1) Accused is a public officer
(2) Said public officer demanded or requested and/or received a gift, present, etc.
(3) The gift, present, etc. was for the benefit of said public officer
(4) Such request and/or receipt of the gift, present, etc. was in connection with a contract
or transaction with the government
(5) Said public officer has a right to intervene therein in his official capacity under the law
SECTION 3 (c)
Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any
manner or capacity, has secured or obtained, or will secure or obtain, any Government
permit or license, in consideration for the help given or to be given, without prejudice to
Section thirteen of this Act.
Elements of act punished under Sec. 3(c):
(1) Accused is a public officer
(2) He has, in any manner or capacity, secured or obtained, or will secure or obtain a
government permit or license for another person
(3) He directly or indirectly requested or received from said person any gift, present, or
other pecuniary or material benefit for himself or for another
(4) He requested or received the gift, present, or other pecuniary benefit in consideration
for help given or to be given
SECTION 3 (d)
Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year
after its termination
Elements of act punished under Sec 3(d)
(1) Accused is a public officer
(2) He has a pending official business with a private enterprise
(3) He accepts employment in a private enterprise for himself or a member of his family
within the 3rd civil degree of affinity or consanguinity (Sec. 4, RA 3019)
(4) During the pendency of the private enterprise’s official business with him or within one
(1) year after its termination
SECTION 3 (e)
Causing any undue injury to any party, including the Government, or giving any private
party any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or permits or other concessions.
Elements
(1) Offender is a public officer or a private person in conspiracy with a public officer
(2) The act was done in the discharge of the public officer’s official, administrative, or
judicial functions
(3) The public officer caused any undue injury to any party, including the government, OR
gave any unwarranted benefits, advantage, or preference
(4) The act was done through manifest partiality, evident bad faith, or gross inexcusable
negligence
SECTION 3 (f)
Neglecting or refusing, after due demand or request, without sufficient justification, to act
within a reasonable time on any matter pending before him for the purpose of obtaining,
directly or indirectly, from any person interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his own interest OR giving undue
advantage in favor of or discriminating against any other interested party.
Elements:
(1) The offender is a public officer
(2) He has neglected or refused to act without sufficient justification after due demand or
request has been made upon him
(3) Reasonable time has elapsed from the time of such demand or request without the
public officer having acted on the matter pending before him
(4) His failure to act is for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit OR giving undue advantage
in favor of an interested party, OR discriminating against another
SECTION 3 (g)
Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will profit
thereby.
Elements:
(1) The accused is a public officer
(2) That he enters into a contract or transaction on behalf of the government
(3) Such contract or transaction is grossly disadvantageous to the government
SECTION 3 (h)
Directly or indirectly having financial or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in
which he is prohibited by the Constitution or by any law from having any interest.
Elements:
(1) Accused is a public officer
(2) Accused has a direct or indirect financial or pecuniary interest in any business, contract,
or transaction
(3) He either:
a. Intervenes or takes part in his official capacity in connection with such interest or;
b. Is prohibited from having such interest by the Constitution (sec. 14 Article VI, Sec.
13 Article VII, and Sec. 2 Article IX-A) or by law
SECTION 3 (i)
Directly or indirectly becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a board, panel or group of which
he is a member, and which exercises discretion in such approval, even if he votes against the
same or does not participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or
acts by the board, panel or group to which they belong.
Elements:
(1) Accused is a public officer
(2) He is a member of a board, committee, panel or group who exercises discretion in the
approval of any transaction or act
(3) He is directly or indirectly becoming interested, for personal gain, or is having a material
interest in any transaction or act requiring the approval of said board, panel or group of
which he is a member, and which exercises discretion in such approval, even if he votes
against the same or does not participate in the action of the board, committee, panel or
group
SECTION 3 (j)
Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or advantage,
or of a mere representative or dummy of one who is not so qualified or entitled
Elements:
(1) Accused is a public officer
(2) He has a duty of approving or granting any license, permit, privilege, or benefit
(3) He knowingly grants the same in favor of a person
(4) Said person is not qualified for or not legally entitled to such license, permit, privilege or
advantage, OR is a mere representative or dummy of one who is not so qualified or
entitled
SECTION 3 (k)
Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in
advance of its authorized release date.
Elements:
(1) Accused is a public officer
(2) He acquires valuable information of a confidential character by reason of his office or on
account of his official position
(3) He divulges the said information to unauthorized persons or releases such information
in advance of its authorized release date
PROHIBITION ON PRIVATE INDIVIDUALS
Elements:
(1) The offender is any person who has a family or close personal relations with a public
official
(2) The public official has to intervene in some business, transaction, application, request,
or contract of between the government and another person
(3) The offender takes advantage of or exploits such relation by receiving or requesting any
gift, present, or material or pecuniary advantage from the person having the business,
etc. with the government
PROHIBITION ON CERTAIN RELATIVES
It shall be unlawful for the spouse or for any relative, by consanguinity or affinity,
within the third civil degree, of the President of the Philippines, the Vice-President of the
Philippines, the President of the Senate, or the Speaker of the House of Representatives, to
intervene, directly or indirectly, in any business, transaction, contract or application with
the Government
PROHIBITION ON MEMBERS OF CONGRESS
It shall be unlawful hereafter for any Member of the Congress during the term for
which he has been elected, to acquire or receive any personal pecuniary interest in any
specific business enterprise which will be directly and particularly favored or benefited by
any law or resolution authored by him previously approved or adopted by the Congress
during the same term.
The provision of this section shall apply to any other public officer who
recommended the initiation in Congress of the enactment or adoption of any law or
resolution, and acquires or receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other public officer,
who, having such interest prior to the approval of such law or resolution authored or
recommended by him, continues for thirty days after such approval to retain such interest.
ARIAS DOCTRINE: The Arias doctrine held that all heads of offices have to rely to a
reasonable extent on their subordinates and on the good faith of those who prepare bids,
purchase supplies, or enter into negotiations
R.A. 7080 (Plunder Law)
Definition of terms
“ Public Officer ” means any person holding any public office in the Government of the
Republic of the Philippines by virtue of an appointment, election or contract.
“ Government ” includes the National Government, and any of its subdivisions, agencies or
instrumentalities, including government-owned or -controlled corporations and their
subsidiaries.
“ Person ” includes any natural or juridical person, unless the context indicates otherwise.
“ Ill-gotten wealth ” means any asset, property, business enterprise or material possession of
any person within the purview of Section Two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates and/or business associates by
any combination or series of the enumerated means in Section 1(d) or similar schemes.
“ Series ” refers to two (2) or more overt or criminal acts falling under the same category of
enumeration found in Sec. 1, par. (d), e.g., misappropriation, malversation and raids on the
public treasury, all of which fall under Sec. 1, par. (d), subpar. (1).
Series - a number of things or events of the same class coming one after another in spatial
and temporal succession (Webster's New Collegiate Dictionary) (Estrada v. Sandiganbayan)
“ Combination ” refers to at least two (2) acts falling under different categories of
enumeration provided in Sec. 1, par. (d) , e.g., raids on the public treasury in Sec. 1, par. (d),
subpar. (1), and fraudulent conveyance of assets belonging to the National Government
under Sec. 1, par. (d), subpar. (3)
Combination - the result or product of combining; the act or process of combining. To
combine is to bring into such close relationship as to obscure individual characters.
(Webster's New Collegiate Dictionary) (Estrada v. Sandiganbayan)
“ Pattern ” consists of at least a combination or series of overt or criminal acts enumerated in
subsections (1) to (6) of Sec. 1 (d)
Elements:
(1) That the offender is a public officer who acts by himself or in connivance with members
of his family, relatives by affinity or consanguinity, business associates, subordinates or
other persons;
(2) That he amassed, accumulated or acquired ill-gotten wealth through a combination or
series of the following overt or criminal acts:
a. through misappropriation, conversion, misuse, or malversation of public funds or
raids on the public treasury;
b. by receiving, directly or indirectly, any commission, gift, share, percentage,
kickback or any other form of pecuniary benefits from any person and/or entity in
connection with any government contract or project or by reason of the office or
position of the public officer;
c. by the illegal or fraudulent conveyance or disposition of assets belonging to the
National Government or any of its subdivisions, agencies or instrumentalities of
Government owned or controlled corporations or their subsidiaries;
d. by obtaining, receiving or accepting directly or indirectly any shares of stock, equity
or any other form of interest or participation including the promise of future
employment in any business enterprise or undertaking;
e. by establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests; or
f. by taking advantage of official position, authority, relationship, connection or
influence to unjustly enrich himself or themselves at the expense and to the
damage and prejudice of the Filipino people and the Republic of the Philippines;
(3) That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated
or acquired is at least P50 million.
Persons liable
(1) Any public officer who, by himself or in connivance with members of his family, relatives
by affinity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or series of
overt criminal acts as described in Section 1 (d)190 hereof in the aggregate amount or
total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of
plunder and shall be punished by reclusion perpetua to death.
(2) Any person who participated with the said public officer in the commission of an offense
contributing to the crime of plunder shall likewise be punished for such offense.
Act punished
Accumulating or acquiring ill-gotten through the following schemes:
a. Misappropriating, converting, misusing, or malversation of public funds or raids on
the public treasury;
b. Receiving, directly or indirectly, any commission, gift, share, percentage, kickback
or any other form of pecuniary benefits from any person and/or entity in
connection with any government contract or project or by reason of the office or
position of the public officer;
c. Illegal or fraudulent conveyance or disposition of assets belonging to the National
Government or any of its subdivisions, agencies or instrumentalities of Government
owned or controlled corporations or their subsidiaries;
d. Obtaining, receiving or accepting directly or indirectly any shares of stock, equity or
any other form of interest or participation including the promise of future
employment in any business enterprise or undertaking;
e. Establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests; or
f. Taking advantage of official position, authority, relationship, connection or
influence to unjustly enrich himself or themselves at the expense and to the
damage and prejudice of the Filipino people and the Republic of the Philippines
Relevant case
Estrada v. Sandiganbayan, G.R. No. 148965, February 26, 2002
- Definition of pattern, series and combination (found above)
R.A. 9262 (Anti-VAWC Law)
Acts Punishable Elements
(1) Causing physical harm to the woman or her child; (1) The relationship of the offender with the victim is that the victim is either:
(2) Threatening to cause the women or her child physical harm; a. a woman who is his wife or a former wife, or
(3) Attempting to cause the women or child physical harm; b. a woman with whom the person has or had a sexual or dating relationship, or
(4) Placing the woman or her child in fear of imminent physical harm; c. a woman with whom he has a common child, or
(5) Attempting to compel or compelling the woman or her child to engage in conduct which d. a child, whether legitimate or illegitimate, of one of the women stated above,
the woman or her child has the right to desist from or desist from conduct which the within or without the family abode
woman or her child has the right to engage in, or attempting to restrict or restricting the (2) The offender, by himself or through another, commits an act or series of acts of against
woman's or her child's freedom of movement or conduct by force or threat of force, any of the persons listed above; and
physical or other harm or threat of physical or other harm, or intimidation directed (3) The acts result in or is likely to result in physical, sexual, psychological harm or suffering,
against the woman or child. This shall include, but not limited to, the following acts or economic abuse
committed with the purpose or effect of controlling or restricting the women’s or her
child’s movement or conduct:
a. Threatening to deprive or actually depriving the woman or her child of
custody to her/his family;
b. Depriving or threatening to deprive the woman or her children of financial
support legally due her or her family, or deliberately providing the woman's
children insufficient financial support;
c. Depriving or threatening to deprive the woman or her child of a legal right;
d. Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling the victim's own money or properties, or
solely controlling the conjugal or common money, or properties;
(6) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling
her actions or decisions.
(7) Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family.
(8) Engaging in purposeful, knowing, or reckless conduct, personally or through another
that alarms or causes substantial emotional or psychological distress to the woman or
her child. This shall include, but not be limited to, the following acts:
a. Stalking or following the woman or her child in public or private places
b. Peering in the window or lingering outside the residence of the woman or her
child
c. Entering or remaining in the dwelling or on the property of the woman or her
child against her/his will
d. Destroying the property and personal belongings or inflicting harm to animals
or pets of the woman or her child
e. Engaging in any form of harassment or violence;
(9) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children of access to the woman's child/children
R.A. 9165 – The Comprehensive Dangerous Drugs Act of 2002 as amended by R.A. 10640 (3) Committed by an Alien, then he shall be deported without further proceedings after the
Acts Punished under Article II service of the sentence, unless the penalty is death. (Section 31)
(1) Importation
(2) Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation Accessory Penalties for all Crimes under the Dangerous Drugs Act
(3) Maintenance of a Den, Dive or Resort. 1. Disqualified to exercise civil rights such as, but not limited to
(4) Manufacture of Dangerous Drugs a. The rights of parental authority or guardianship, either as to the person or property
(5) Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals of any ward.
(6) Manufacture or Delivery of Equipment, Instrument, Apparatus, and other Paraphernalia b. The rights to dispose of such property by any act or any conveyance intervivos.
(7) Possession of Dangerous Drugs 2. Disqualified to exercise political rights such as, but not limited to
(8) Possession of Dangerous Drugs during Parties, Social Gatherings or Meetings a. The right to vote
(9) Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous b. The right to be voted for
Drugs. -> These rights will be suspended during the pendency of appeal from conviction.
(10) Possession of Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Attempt or conspiracy, effect on liability
Drugs during Parties, Social Gatherings or Meetings. Attempt or Conspiracy to commit the following unlawful acts are punished by the same
(11) Use of Dangerous Drugs penalty for the unlawful acts:
(12) Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources thereof. (1) Importation (Section 4)
(13) Maintenance and Keeping of Original Records of Transactions (2) Sale, trading administration, dispensation, delivery distribution and transportation
(14) Unnecessary Prescription of Dangerous Drugs (Section 5)
(15) Unlawful Prescription of Dangerous Drugs (3) Maintenance of a den, dive or resort where any dangerous drug is used in any form.
Other Acts Punished Under Dangerous Drugs Act (Section 6)
(1) Planting of Evidence (Sec. 29) (4) Manufacture of dangerous drugs or controlled precursor and essential chemicals.
(2) Violation of any Regulation Issued by the Dangerous Drugs Board (Sec. 32) (Section 8)
(3) If a Public Officer or Employee who misappropriated, misapplied or failed to account for (5) Cultivation or culture of plants which are sources of drugs. (Section 16)
the confiscated, seized and/or surrendered prohibited objects and their proceeds. (Sec. Immunity from Prosecution
27, par. 1)
(4) Issuance of False or Fraudulent Drug Test Results (Sec. 37)
(5) Violation of Confidentiality of Records by person who has custody of such records
(6) Any member of a law enforcement agency, government official and employee who fails
or refuses to appear as a witness for prosecution without just cause (Section 91)
(7) Delay and Bungling in the Prosecution of Drugs Cases (Sec. 92)
Liability of Different Persons
If the Violation is committed by a:
(1) Partnership, corporation, association or any juridical entity, then the:
a. Partner, president, director, manager, trustee, estate administrator, or officer,
Who consents to or knowingly tolerates such violation of the Dangerous Drugs
Act shall be held liable as CO-PRINCIPAL (Section 30 par. 1)
b. Partner, president, director, manager, trustee, estate administrator, or officer
shall suffer the penalty provided for the offense under this act if he/she
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft,
equipment or other facility as an instrument in the (1) Importation, (2) Sale,
Includes information given of the offenses mentioned if committed by a drug syndicate. Any
(3) Trading, (4) Administration, (5) Dispensation, (6) Delivery, (7) Distribution,
information leading to the whereabouts, identities and arrest of all or any of the members
(8) Transportation, (9) Manufacture of dangerous drugs (10) Chemical
thereof, and the person seeking immunity willingly testifies against such members of the
Diversion. (Section 30, Par. 2)
drug syndicate.
o PROVIDED, such vehicle, vessel, aircraft, equipment or other instrument
PROVIDED:
is owned by or under the control or supervision of the partnership,
(1) The information and testimony are necessary for the conviction of the persons who
corporation, association or juridical entity to which they are affiliated.
violated the law.
(2) Government official or employee, then the maximum penalty will be imposed and
(2) Such information and testimony are not yet in the possession of the State
he/she will be perpetually disqualified from any public office. (Section 28)
(3) Such information and testimony can be corroborated on its material points.
(4) The informant or witness has not yet been previously convicted of a crime involving
moral turpitude, except when there is no other direct evidence available for the State
other than the information and testimony of said informant or witness.
(5) The informant or witness shall strictly and faithfully comply without delay, any condition
or undertaking, reduced into writing, lawfully imposed by the State as further
consideration for the grant of immunity from prosecution and punishment.
(6) The informant or witness does not appear to be most guilty of the offense with
reference to which his/her information or testimony were given.
(7) There is no direct evidence available for the State except for the information and
testimony of the said informant or witness.
Chain of Custody Rule
Custody and Disposition of Confiscated, Seized and/or Surrendered Prohibited Items -
Section 21
(1) Immediately after seizure and confiscation, physically inventory and photograph the
same
(2) Within 24 hours, the seized items will be submitted to the PDEA Forensic Laboratory for
a qualitative and quantitative examination.
(3) Certification of Forensic Laboratory Examination
(4) Ocular Inspection by the court and Destruction and Burning of Drugs in the presence of
the accused or the persons from whom such items were confiscated or seized
(5) Dangerous Drugs Board sworn certification of the fact of destruction or burning of the
subject items.
(6) The presence of the accused or the persons from whom the items were confiscated or
seized do not constitute an admission of guilt
(7) After promulgation of judgment in the criminal case where the samples were used as
evidence, they will be turned over to PDEA for proper disposition and destruction within
24 hours.
Chain of Custody establishes the identity of the subject substance. (People Vs. Barba, 2009)
 Failure to comply, results in the acquittal of the accused for the offense charged.
Elements of Chain of Custody in Drugs Cases:
(1) The seizure and marking, if practicable, of the illegal drug recovered from the accused
by the apprehending officer;
(2) The turnover of the illegal drug seized by the apprehending officer to the investigating
officer;
(3) The turnover by the investigating officer of the illegal drug to the forensic chemist for
laboratory examination; and
(4) The turnover and submission of the marked illegal drug seized from the forensic chemist
to the court
Importance of Chain of Custody:
- Compliance with the chain of custody requirement provided by Section 21,
therefore, ensures the integrity of confiscated, seized, and/or surrendered drugs
and/or drug paraphernalia in four (4) respects: first, the nature of the substances
or items seized; second, the quantity (e.g., weight) of the substances or items
seized; third, the relation of the substances or items seized to the incident allegedly
causing their seizure; and fourth, the relation of the substances or items seized to
the person/s alleged to have been in possession of or peddling them. Compliance
with this requirement forecloses opportunities for planting, contaminating, or
tampering of evidence in any manner. (People vs. Holgado y Dela Cruz, G.R. No.
207992. August 11, 2014 )
R.A. 9372 (Human Security Act)
Period of Detention
Period of Detention Without Judicial Warrant of Arrest (Sec. 18)
• Any police or law enforcement personnel, having been duly authorized in writing by the
Anti-Terrorism Council
• Has taken custody of a person charged with or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism
• Shall deliver said charged or suspected person to the proper judicial authority within a
period of three days counted from the moment the said charged or suspected person
has been apprehended or arrested, detained, and taken into custody by the said police,
or law enforcement personnel, without incurring any criminal liability for delay in the
delivery of detained persons to the proper judicial authorities
• Requisites:
(1) That the arrest of those suspected of the crime of terrorism or conspiracy to
commit terrorism must result from the surveillance under Section 7 and
examination of bank deposits under Section 27 of this Act.
(2) That the police or law enforcement personnel concerned shall, before detaining
the person suspected of the crime of terrorism, present him or her before any
judge at the latter's residence or office nearest the place where the arrest took
place at any time of the day or night.
*Immediately after taking custody of a person charged with or suspected of the
crime of terrorism or conspiracy to commit terrorism, the police or law
enforcement personnel shall notify in writing the judge of the court nearest the
place of apprehension or arrest.
*Where the arrest is made during Saturdays, Sundays, holidays or after office
hours, the written notice shall be served at the residence of the judge nearest the
place where the accused was arrested.
Period of Detention in the Event of an Actual or Imminent Terrorist Attack (Sec. 19)
 In the event of an actual or imminent terrorist attack, suspects may not be detained for
more than three days without the ff:
(1) Written approval of a municipal, city, provincial or regional official of a Human
Rights Commission or judge of the municipal, regional trial court, the
Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest;
or
(2) If the arrest is made during Saturdays, Sundays, holidays or after office hours, the
arresting police or law enforcement personnel shall bring the person thus arrested
to the residence of any of the officials mentioned above that is nearest the place
where the accused was arrested. The approval in writing of any of the said officials
shall be secured by the police or law enforcement personnel concerned within five
days after the date of the detention of the persons concerned.
*Within three days after the detention the suspects, whose connection with the
terror attack or threat is not established, they shall be released immediately.
Elements of Terrorism: (Sec. 3)
(1) That the offender commits an act punishable under any of the ff. provisions of the RPC:
a. Art. 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters)
b. Art. 134 (Rebellion or Insurrection)
c. Art. 134-a (Coup d’Etat), including acts committed by private persons
d. Art. 248 (Murder)
e. Art. 267 (Kidnapping and Serious Illegal Detention)
f. Art. 324 (Crimes Involving Destruction)
or under any of the ff. special laws:
a. PD 1613 (The Law on Arson)
b. RA 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990)
c. RA 5207 (Atomic Energy Regulatory and Liability Act of 1968)
d. RA 6235 (Anti-Hijacking Law)
e. PD 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974)
f. PD 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
(2) That as a result of such act, a condition of widespread and extraordinary fear and panic
among the populace is sowed and created.
(3) That such was done to coerce the government to give in to an unlawful demand
Punishable acts of terrorism
IV. Punishable Acts (besides terrorism & conspiracy to commit terrorism) :
(1) Failure of Police or Law Enforcement Official to Immediately Notify (Sec. 10)
(2) Unlawful Custody of Intercepted and Recorded Communications (Sec. 11)
(3) Omission or Exclusion of Any Item from the Joint Affidavit (Sec. 12)
(4) Failure to Notify in Application to Open Deposited Sealed Envelop or Sealed Package
(Sec. 14)
(5) Unauthorized or Malicious Interceptions and/or Recordings (Sec. 16)
(6) Failure to Notify in Disposition of Deposited Materials (Sec. 13)
(7) Failure To Notify Judge in Detention without Judicial Warrant of Arrest (Sec. 18)
(8) Violation of the Rights of a Detainee (Sec. 22)
(9) Failure to Keep an Official Logbook (Sec. 23)
(10) Threat, Intimidation, Coercion or Torture in the Investigation and Interrogation of a
Detained Person (Sec. 25)
(11) Infidelity in the Custody of Detained Persons (Sec. 44)
(12) Omission or Exclusion of Any Item from the Join Affidavit re Bank Deposits (Sec. 32)
(13) Failure to Notify in Disposition of Bank Materials (Sec. 33)
(14) Unauthorized or Malicious Examination of a Bank or a Financial Institution (Sec. 36)
(15) Bank Officials and Employees Defying a Court Authorization (Sec. 37)
(16) False or Untruthful Statement or Misrepresentation of Material Fact in Joint Affidavits
(Sec. 38)
(17) Unjustiable Failure to Follow the Order of the Court (Sec. 39)
(18) Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered and Frozen
Bank Deposits, Placements, Trust Accounts, Assets and Records (Sec. 42)
(19) Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen Bank Deposits,
Placements, Trust Accounts, Assets and Records (Sec. 43)
(20) Unauthorized Revelation of Classified Materials (Sec. 46)
(21) Furnishing False Evidence, Forged Document, or Spurious Evidence (Sec. 47)
(22) Delay in the Release of Damages for Unproven Charge of Terrorism (Sec. 50)
Who are liable
Who Are Liable for The Crime of Terrorism (Besides the Principal)
(1) Conspirator (Sec. 4)
a. Persons who conspire to commit the crime of terrorism (There is conspiracy
when two or more persons come to an agreement concerning the commission
of the crime of terrorism as defined in Sec. 3)
(2) Accomplice (Sec. 5)
 a. Any person, not being a principal under Art. 17 of the RPC or a conspirator as
defined in Sec. 4 of this act (Cooperates in the execution of either the crime of
terrorism or conspiracy to commit the same by previous or simultaneous acts)
(3) Accessory (Sec. 6)
a. Any person, having knowledge of the commission of the crime of terrorism or
conspiracy to commit the same, and w/o having participated therein, either as
principal or accomplice under Arts. 17 & 18 of the RPC
b. Takes part subsequent to its commission in any of the ff. manner:
i. by profiting himself or assisting the offender to profit by the effects
of the crime
ii. by concealing or destroying the body of the crime, or the effects, or
instruments thereof to prevent its discovery
iii. by harbouring, concealing, or assisting in the escape of the principal
or conspirator of the cri
Exception: The penalties prescribed for accessories shall not be imposed upon those who are
such with respect to their: (only with respect to subparagraph a)
(1) spouses
(2) ascendants
(3) descendants
(4) legitimate, natural, and adopted brothers and sisters
(5) relatives by affinity within the same degrees
Absorption Principle in relation to complex crimes
In cases of rebellion, other crimes committed in the course of crime are deemed
absorbed in the crime of rebellion either as a means necessary for its commission or as
an unintended effect of rebellion
They cannot be charged as separate offenses in themselves
Exception: When the common crimes are committed without any political motivation. In
such case, they will not be absorbed by rebellion.
P.D. 1613,as amended by P.D. 1744 (Arson Law)
SIMPLE ARSON (PD 1613 SEC. 1) Elements
(1) That there is intentional burning
(2) What is intentionally burned is:
a. Property of another; or
b. His own property under circumstances which expose to danger the life or
property of another
OTHER CASES OF ARSON (PD 1613 SEC. 3) Elements
(1) That there is intentional burning
(2) What is intentionally burned is:
a. Any building used as offices of the government or any of its agencies; or
b. Any inhabited house or dwelling; or
c. Any industrial establishment, shipyard, oil well or mine shaft, platform or
tunnel; or
d. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo
grove or forest; or
e. Any rice mill, sugar mill, cane mill or mill central; or
f. Any railway or bus station, airport, wharf or warehouse.
DESTRUCTIVE ARSON (RA 7659 SEC. 10) Elements
(1) That there is intentional burning
(2) What is intentionally burned is:
a. One (1) or more buildings or edifices, consequent to one single act of burning,
or as a result of simultaneous burnings, committed on several or different
occasions; or
b. Any building of public or private ownership, devoted to the public in general
or where people usually gather or congregate for a definite purpose such as,
but not limited to, official governmental function or business, private
transaction, commerce, trade, workshop, meetings and conferences, or
merely incidental to a definite purpose such as but not limited to hotels,
motels, transient dwellings, public conveyances or stops or terminals,
regardless of whether the offender had knowledge that there are persons in
said building or edifice at the time it is set on fire and regardless also of
whether the building is actually inhabited or not; or
c. Any train or locomotive, ship or vessel, airship or airplane, devoted to
transportation or conveyance, or for public use, entertainment or leisure; or
d. Any building, factory, warehouse installation and any appurtenances thereto,
which are devoted to the service of public utilities; or
e. Any building the burning of which is for the purpose of concealing or
destroying evidence of another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors or to collect from insurance; or
f. When the arson is perpetrated or committed by two (2) or more persons or by
a group of persons, regardless of whether their purpose is merely to burn or
destroy the building or the burning merely constitutes an overt act in the
commission of another violation of law; or
g. Any arsenal, shipyard, storehouse or military powder or fireworks factory,
ordinance, storehouse, archives or general museum of the Government; or
h. In an inhabited place, any storehouse or factory of inflammable or explosive
materials.