ANTI-DRUNK AND DRUGGED DRIVING AT
A driver found to have
OF 2013 (RA 10586); also see IRR of RA
10586
Section 5. Punishable Act. It shall be
unlawful for any person to drive a motor
vehicle while under the influence of alcohol,
dangerous drugs and/or other similar
substances.
Section 6. Conduct of Field Sobriety,
Chemical and Confirmatory Tests. A law
enforcement officer who has probable
cause to believe that a person is driving
under the influence of alcohol, dangerous
drugs and/or other similar substances by
apparent indications and manifestations,
including overspeeding, weaving, lane
straddling, sudden stops, swerving, poor
coordination or the evident smell of alcohol in
a person’s breath or signs of use of dangerous
drugs and other similar substances, shall
conduct field sobriety tests.
If the driver fails in the sobriety tests, it shall
be the duty of the law enforcement officer to
implement the mandatory determination of the
driver’s blood alcohol concentration level
through the use of a breath analyzer or
similar measuring instrument.
If the law enforcement officer has probable
cause to believe that a person is driving
under the influence of dangerous drugs
and/or other similar substances, it shall be the
duty of the law enforcement officer to bring the
driver to the nearest police station to be
subjected to a drug screening test and, if
necessary, a drug confirmatory test as
mandated under Republic Act No. 9165.
Law enforcement officers and deputized local
traffic enforcement officers shall be
responsible in implementing this section.
Section 7. Mandatory Alcohol and
Chemical Testing of Drivers Involved in
Motor Vehicular Accidents. A driver of a
motor vehicle involved in a vehicular
accident resulting in the loss of human life
or physical injuries shall be subjected to
chemical tests, including a drug screening
test and, if necessary, a drug confirmatory
test as mandated under Republic Act No.
9165, to determine the presence and/or
concentration of alcohol, dangerous drugs
and/or similar substances in the bloodstream
or body.
Section 12. Penalties.
been driving a motor vehicle while under the
influence of alcohol, dangerous drugs and/or
other similar substances, as provided for
under Section 5 of this Act, shall be penalized
as follows:
(a) If the violation of Section 5 did not result in
physical injuries or homicide: (3) months
imprisonment, and a fine ranging from Php20k
to Php80k shall be imposed;
(b) If the violation of Section 5 resulted in
physical injuries, the penalty provided in Art
263 RPC or the penalty provided in the next
preceding subparagraph, whichever is higher,
and a fine ranging from Php100k to Php200k
shall be imposed;
(c) If the violation of Section 5 resulted in
homicide, the penalty provided in Art 249
RPC and a fine ranging from Php300k to
Php500k shall be imposed; and
(d) The nonprofessional driver’s license of
any person found to have violated Section 5
of this Act shall also be confiscated and
suspended for 12 months for the first
conviction and perpetually revoked for the
second conviction. The professional
driver’s license of any person found to have
violated Section 5 of this Act shall also be
confiscated and perpetually revoked for the
first conviction. The perpetual revocation of a
driver’s license shall disqualify the person from
being granted any kind of driver’s license
thereafter.
The prosecution for any violation of this Act
shall be without prejudice to criminal
prosecution for violation of RPC, RA 9165 and
other special laws and existing local
ordinances, whenever applicable.
Section 13. Direct Liability of Operator
and/or Owner of the Offending Vehicle. The
owner and/or operator of the vehicle driven
by the offender shall be directly and
principally held liable together with the
offender for the fine and the award against
the offender for civil damages unless he or
she is able to convincingly prove that he or
she has exercised extraordinary diligence in
the selection and supervision of his or her
drivers in general and the offending driver in
particular. xxx
IRR: an apprehended driver who is suspected
of driving under the influence of alcohol will be
subjected to three field sobriety tests:
 the Eye Test (or 'horizontal gaze
nystagmus'), which requires the driver
to follow with his gaze an object that
the law enforcer moves horizontally,
around one foot away from the driver’s
face;
 the Walk-and-Turn Test, which
requires the driver to walk nine steps
forward in a straight line, turn, then
walk back the same distance without
difficulty; and
 the One-Leg Stand, which requires
the driver to stand on one leg and
raise the other around six inches from
the ground for about 60 seconds.
In case the driver passes the test, he shall
only be charged with his/her traffic violation
and not a violation of RA 10586. If the driver
fails any of the three tests, an Alcohol Breath
Analyzer (ABA or 'breathalyzer') Test shall be
done to determine the blood alcohol level of
the driver.
 Drivers of private motor vehicles
below 4,500 kg are allowed a limit
below 0.05%.
 (PUV), truck, bus and motorcycle
drivers have a strict 0.00% limit.
If a driver is found to have exceeded the
allowed limits, he/she shall be arrested and
the vehicle will be impounded. Otherwise, if
found to be within allowed limits, driver shall
be apprehended for the traffic violation only.
VIII. CRIMES RELATIVE TO OPIUM ND
OTHER PROHIBITED DRUGS
COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002 (RA 9165)
Punishable Acts
1. Importation (Sec. 4)
2. Sale, Trading, Administration,
Dispensation, Delivery, Distribution,
and Transportation (Sec. 5)
3. Dive, Den, Resort
a. Maintenance (Sec. 6)
b. Employee and Visitors(Sec. 7)
4. Manufacture of dangerous drug
(Sec.8)
5. Diversion (Sec. 9)
6. Manufacture or Delivery of Equipment
(Sec. 10)
7. Possession of dangerous drugs (Sec.
11); during parties (Sec. 13)
8. Possession of equipment, instrument,
apparatus, other paraphernalia (Sec.
12); during parties (Sec. 14)
9. Use of dangerous drugs (Sec. 15)
10. Cultivation/culture of plants classified
as dangerous drugs (Sec. 16)
11. Planting (Sec. 29)
ELEMENTS OF SALE:
1. the identity of the buyer and the seller,
the object, and the consideration; and
2. the delivery of the thing sold and the
payment.
Section 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals. The penalty of life imprisonment
to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by
law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute
dispatch in transit or transport any
dangerous drug, including any and all
species of opium poppy regardless of the
quantity and purity involved, or shall act as a
broker in any of such transactions.
The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who,
unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to
another, distribute, dispatch in transit or
transport any controlled precursor and
essential chemical, or shall act as a broker in
such transactions.
If the sale, trading, administration,
dispensation, delivery, distribution or
transportation of any dangerous drug and/or
controlled precursor and essential chemical
transpires within one hundred (100) meters
from the school, the maximum penalty
shall be imposed in every case.
For drug pushers who use minors or
mentally incapacitated individuals as
runners, couriers and messengers, or in
any other capacity directly connected to the
dangerous drugs and/or controlled precursors
and essential chemical trade, the maximum
penalty shall be imposed in every case.
If the victim of the offense is a minor or a
mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor
and essential chemical involved in any offense
herein provided be the proximate cause of
death of a victim thereof, the maximum
penalty provided for under this Section shall
be imposed.
The maximum penalty provided for under this
Section shall be imposed upon any person
who organizes, manages or acts as a
"financier" of any of the illegal activities
prescribed in this Section.
The penalty of twelve (12) years and one (1)
day to twenty (20) years of imprisonment and
a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a
"protector/coddler" of any violator of the
provisions under this Section.
ELEMENTS OF POSSESSION:
1. the accused was in possession of an item
or object identified as a prohibited drug;
2. such possession was not authorized by
law; and
3. the accused freely and consciously
possessed the said drug
Section 12. Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs. The
penalty of imprisonment ranging from six (6)
months and one (1) day to four (4) years and a
fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon 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: Provided,
That in the case of medical practitioners and
various professionals who are required to
carry such equipment, instrument, apparatus
and other paraphernalia in the practice of
their profession, the Board shall prescribe
the necessary implementing guidelines
thereof.
The possession of such equipment,
instrument, apparatus and other paraphernalia
fit or intended for any of the purposes
enumerated in the preceding paragraph shall
be prima facie evidence that the possessor
has smoked, consumed, administered to
himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to
have violated Section 15 of this Act.
PEOPLE v. CRISPO
Topic: sale and possession of dangerous
drugs
DOCTRINE: Evidence was held admissible
because obtained through a lawful search.
The Bgy. Captain was a witness; the accused
and his family were not prevented from
witnessing the search because standing in the
sala, one could see the entire house.
PEOPLE v. PARTOZA
Topic: sale of dangerous drugs
DOCTRINE: Corpus delicti compromised by
not making inventory and photographing
immediately after arrest. Apprehending officer
only signed initials in the precinct. There was
no representative from the media, DOJ,
elected public official to sign the inventory.
Did not relate to whom custody was turned
over for laboratory examination.
NOTES: If proven that there were earnest and
sufficient efforts to contact the witnesses of the
search/signatories of the inventory in Sec. 21
(1), non-compliance is justified.
PEOPLE v. PADUA
Topic: possession of dangerous drugs
DOCTRINE: Non-compliance justified as long
as integrity of drugs preserved. Non-
presentation as witness of investigator
justified. Non-presentation of informant usually
dispensed with because of the need to
preserve their invaluable service to police as
they are subject to drug dealer’s retaliation.
LINKS IN THE CHAIN OF CUSTODY
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;
 4. the turnover and submission of the
marked illegal drug seized from the
forensic chemist to the court.
Section 21. Custody and Disposition of
Confiscated, Seized, and/or Surrendered
Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors
and Essential Chemicals,
Instruments/Paraphernalia and/or
Laboratory Equipment. The PDEA shall take
charge and have custody of all dangerous
drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals,
as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized
and/or surrendered, for proper disposition in
the following manner:
(1) The apprehending team having
initial custody and control of the drugs
shall, immediately after seizure and
confiscation, physically inventory
and photograph the same in the
presence of the accused or the
person/s from whom such items were
confiscated and/or seized, or his/her
representative or counsel, a
representative from the media and
the Department of Justice (DOJ),
and any elected public official who
shall be required to sign the copies
of the inventory and be given a copy
thereof; xxx
PEOPLE v. MONER
Topic: chain of custody
DOCTRINE: Divergence in procedure was not
arbitrary. That the buy bust team was
accompanied by a CPD police officer to the
target location supported the existence of a
security risk. It was sufficient that the
apprehending officers were able to mark,
inventory, and photo at the LP Police Station.
PEOPLE v. QUE
Topic: chain of custody
DOCTRINE: Nobody but the police witnessed
the supposed marking. There were no
justifiable grounds for non-compliance.
Conscionable non-compliance elements:
1. Allege, identify, and prove justifiable
grounds
2. Despite noncompliance, integrity was
preserved
Difference of Sec 21(1):
Originally As amended
Representative from Elected public official
media AND DOJ AND representative
AND any elected of National
public official Prosecution Service
OR the media
x Inventory, photo at
arrest/ nearest police
station/ office
x Non-compliance
justifiable as long as
integrity is preserved
PEOPLE v. GAYOSO
Topic: chain of custody, broken
DOCTRINE: Marking at the station is allowed
in the nearest police station only in warrantless
searches and seizures. Here, they already
secured a warrant, and thus, had sufficient
time to prepare for implementation.
PEOPLE v. PUNDUGAR
Topic: chain of custody, broken
DOCTRINE: All 4 links in the chain of custody
were not broken, from the arresting officer to
the court. Strict compliance is not mandated if
there are justifiable reasons, as in this case
where the arrest was in the squatters area.
They were not able to invite a media
representative because they could not find
anyone available and were pressed for time.
PEOPLE v. DE LA VICTORIA
Topic: chain of custody, broken
DOCTRINE: Marking at the PDEA office was
not made in front of the accused who
remained in the car. The PDEA was not even
the nearest from the tinsmith shop (place of
arrest) because the police station and
barangay hall were nearer. There’s also no
justification given for the absence of a DOJ
representative.
PEOPLE v. ASUNCION
Topic: chain of custody, broken
DOCTRINE: That there was a commotion at
the place of arrest did not justify the conduct of
an inventory at the barangay hall in this case.
The team was composed of 8 police officers,
all armed except one. They could have easily
contained a commotion and proceed with
immediate inventory.
Section 23. Plea-Bargaining Provision. Any
person charged under any provision of this
Act regardless of the imposable penalty shall
not be allowed to avail of the provision on
plea-bargaining.
IX. CRIMES COMMITTED BY PUBLIC
OFFICERS OR RELATED TO PUBLIC
OFFICE
ANTI-GRAFT AND CORRUPT PRACTICES
ACT (RA 3019, AS AMENDED)
Section 3. Corrupt practices of public
officers. In addition to acts or omissions of
public officers already penalized by existing
law, the following shall constitute corrupt
practices of any public officer and are hereby
declared to be unlawful:
(a) Persuading, inducing or influencing
another public officer to perform an act
constituting a violation of rules and regulations
duly promulgated by competent authority or an
offense in connection with the official duties of
the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation
or offense.
(b) Directly or indirectly requesting or receiving
any gift, present, share, percentage, or benefit,
for himself or for any other person, in
connection with any contract or transaction
between the Government and any other part,
wherein the public officer in his official capacity
has to intervene under the law.
(c) Directly or indirectly requesting or receiving
any gift, present or other pecuniary or material
benefit, for himself or for another, from any
person for whom the public officer, in any
manner or capacity, has secured or obtained,
or will secure or obtain, any Government
permit or license, in consideration for the help
given or to be given, without prejudice to
Section thirteen of this Act.
(d) Accepting or having any member of his
family accept employment in a private
enterprise which has pending official business
with him during the pendency thereof or within
one year after its termination.
(e) Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge of
his official administrative or judicial functions
through manifest partiality, evident bad faith
or gross inexcusable negligence. This
provision shall apply to officers and employees
of offices or government corporations charged
with the grant of licenses or permits or other
concessions.
(f) Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter
pending before him for the purpose of
obtaining, directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or
giving undue advantage in favor of or
discriminating against any other interested
party.
(g) Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same,
whether or not the public officer profited or will
profit thereby.
(h) Director or indirectly having financing or
pecuniary interest in any business, contract
or transaction in connection with which he
intervenes or takes part in his official
capacity, or in which he is prohibited by the
Constitution or by any law from having any
interest.
(i) Directly or indirectly becoming interested,
for personal gain, or having a material interest
in any transaction or act requiring the approval
of a board, panel or group of which he is a
member, and which exercises discretion in
such approval, even if he votes against the
same or does not participate in the action of
the board, committee, panel or group.
Interest for personal gain shall be presumed
against those public officers responsible for
the approval of manifestly unlawful,
inequitable, or irregular transaction or acts by
the board, panel or group to which they
belong.
(j) Knowingly approving or granting any
license, permit, privilege or benefit in favor of
any person not qualified for or not legally
entitled to such license, permit, privilege or
advantage, or of a mere representative or
dummy of one who is not so qualified or
entitled.
(k) Divulging valuable information of a
confidential character, acquired by his office or
by him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized
release date.
The person giving the gift, present, share,
percentage or benefit referred to in
subparagraphs (b) and (c); or offering or giving
to the public officer the employment mentioned
in subparagraph (d); or urging the divulging or
untimely release of the confidential information
referred to in subparagraph (k) of this section
shall, together with the offending public officer,
be punished under Section nine of this Act and
shall be permanently or temporarily
disqualified in the discretion of the Court, from
transacting business in any form with the
Government.
REPUBLIC v. TUVERA
Topic: Sec. 3(a) influencing
DOCTRINE: Tuvera’s influence can be seen in
the memorandum submitted by Juan Tuvera to
the Director of Forestry. Twin Peaks acquired
the TLA because of Tuvera’s (presidential
executive assistant) relationship with Pres.
Marcos.
JAVARATA v. SANDIGANBAYAN
Topic: Sec. 3(b) intervene
DOCTRINE: The principal of the school did
not violate 3(b) because she had no capacity
to intervene in the granting of salary
differentials to her teachers. She cannot
choose to grant or hold the money; she only
expedited the payment by following up the
differentials.
MEJORADA v. SANDIGANBAYAN
Topic: Sec. 3(e) undue injury
DOCTRINE: All 3 elements of 3(e) were
present. 1. The 1st element includes public
officers who do not have the duty to grant
licenses. Thus, the right-of-way agent is
included. 2. There was injury to the
government when he inflated the claims, and
injury to the claimants when they were
divested of a large portion of the just
compensation. 3. The injury was done in bad
faith because it was done during the discharge
of his duties. He took advantage of his position
by making claimants sign the documents with
falsified values of the properties.
ELEMENTS OF 3(E):
 that the accused must be a public officer
 that such public officer caused undue
injury to any party, including the
Government, or gave any private party
unwarranted benefits, advantage or
preference in the discharge of his official
administrative or judicial functions.
 done through manifest, partiality, evident
bad faith or gross inexcusable negligence.
FONACIER v. SANDIGANBAYAN
Topic: Sec. 3(e) undue injury, bad faith
DOCTRINE: Through the falsified delivery
receipts, all accused were able to collect
payment without delivery of aggregate
subbase material. Bad faith was evident in the
district engineer signing documents that led to
issuance of checks to the private contractor for
delivery. The supervising engineer knowingly
went along with directives of the district
engineer. The property custodian prepared the
documents even if there was non-observance
of procedures. The materials testing engineer
did not see to it that the materials were in
accordance with government standards.
MENDOZA-ARCE v. OMBUDSMAN
Topic: Sec. 3(e) undue injury, 3 modes
DOCTRINE: The RTC clerk of court merely
copied the form for LOA in the Manual for
Clerks of Court which also describes her office
as essentially a ministerial one. Thus, she was
exercising administrative functions which did
not fall under any of the 3 modes of 3(e)
ALVAREZ v. PEOPLE
Topic:Sec. 3(e) bad faith unnecessary;
commited by negligence
DOCTRINE: The 2 modes in the 2nd element
of 3(e) are not required; one would suffice:
1. undue injury OR
2. unwarranted benefits.
3(e)’s 3rd element has 3 modes:
3. manifest partiality
4. evident bad faith
5. gross inexcusable negligence
Proof of any of the 3 suffices.
Petitioner gave unwarranted benefits to API
even if API was not financially and technically
qualified to build Wag Wag Mall. API was
allowed to present its proposal without
compliance of requirements.
TRIESTE v. SANDIGANBAYAN
Topic:Sec. 3(h) intervene
DOCTRINE: Not guilty for absence of 2nd
element. Yes, Trieste was the mayor and the
president of Trigen. However, he did not
intervene in his capacity as mayor: there was
no bidding, he signed the vouchers AFTER
payment, he did not talk to anyone (treasurer
or secretary) to get construction materials from
Trigen.
ELEMENTS OF 3(H):
a) The public officer has financial or pecuniary
interest in a business, contract or transaction;
b) In connection with which he intervenes in
his official capacity.
Concurrence of both elements is necessary as
the absence of one will not warrant conviction
TEVES v. SANDIGANBAYAN
Topic:Sec. 3(h) intervene
DOCTRINE: Teves can be convicted of the 2nd
mode (offense proved) despite the fact that the
1st mode was the offense charged because of
the variance doctrine. He could not have come
under the 1st mode because mayors could not
issue permits for cockpits. He comes under
the 2nd mode for having a pecuniary interest in
the cockpit. However, he should not be
punished under RA3019 because the LGC is
the later and specific law. He is worthy of a
lesser penalty for only violating the law due to
ignorance of the law. A private party such as
his wife can be convicted under RA3019 for
being a conspirator. However there was no
participation of Teves’ wife in the crime (e.g.,
inducement)
ELEMENTS OF 3(H):
1. The accused is a public officer;
2. He 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 or
by any law.
ELEMENTS OF 1ST MODE OF 3(H)
1. The accused is a public officer;
2. He has a direct or indirect financial or
pecuniary interest in any business,
contract, or transaction, whether or not
prohibited by law; and
3. He intervenes or takes part in his official
capacity in connection with such
interest.
ELEMENTS OF 2ND MODE OF 3(H)
1. The accused is a public officer;
2. He has a direct or indirect financial or
pecuniary interest in any business,
contract or transaction; and
3. He is prohibited from having such interest
by the Constitution or any law.
Section 4. Prohibition on private
individuals. (a) It shall be unlawful for any
person having family or close personal relation
with any public official to capitalize or exploit or
take advantage of such family or close
personal relation by directly or indirectly
requesting or receiving any present, gift or
material or pecuniary advantage from any
other person having some business,
transaction, application, request or contract
with the government, in which such public
official has to intervene. Family relation shall
include the spouse or relatives by
consanguinity or affinity in the third civil
degree. The word "close personal relation"
shall include close personal friendship, social
and fraternal connections, and professional
employment all giving rise to intimacy which
assures free access to such public officer.
(b) It shall be unlawful for any person
knowingly to induce or cause any
public official to commit any of the
offenses defined in Section 3
hereof.
GO v. SANDIGANBAYAN
Topic:Sec. 3(g); grossly disadvantageous to
government
DOCTRINE: The president of PIATCO, a
private person, may be charged w/ 3(g)
because offenses under Sec. 3 extends to
both pubic officers and private persons if they
are in conspiracy. However, Go was acquitted
because 3(g) did not provide for liability of a
private person. 4(b) irt 3(g) provides for liability
of the inducer: but inducement not proven.
CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBIC OFFICIALS AND
EMPLOYEES (RA 6713)
Section 5. Duties of Public Officials and
Employees. In the performance of their
duties, all public officials and employees are
under obligation to
(a) Act promptly on letters and requests. - All
public officials and employees shall, within
fifteen (15) working days from receipt
thereof, respond to letters, telegrams or other
means of communications sent by the public.
The reply must contain the action taken on the
request. xxx
Section 8. (A) Statements of Assets and
Liabilities and Financial Disclosure. - All public
officials and employees, except those who
serve in an honorary capacity, laborers and
casual or temporary workers, shall file under
oath their Statement of Assets, Liabilities and
Net Worth and a Disclosure of Business
Interests and Financial Connections and those
of their spouses and unmarried children under
eighteen (18) years of age living in their
households.
OMB v. MADRIAGA
Topic: act promptly on letters and requests
(Sec. 5(a))
DOCTRINE: OMB meted out a 6 month
Imprisonment penalty for violation of RA 6713.
The principal did not promptly respond within
15 working days from receipt of the school
club’s letter request for the school canteen’s
financial statements. The Constitution grants
the OMB the power to direct the proper
agency (DEPED, in this case) to suspend the
pubic officer.
RABE v. FLORES
Topic: SALN
DOCTRINE: The interpreter of the RTC did
not report her business interest in a market
stall in her SALN in violation of RA 6713.
PD 46
“… punishable for any public official or
employee, whether of the national or local
governments, to receive, directly or
indirectly, and for private persons to give, or
offer to give, any gift, present or other
valuable thing to any occasion, including
Christmas, when such gift, present or other
valuable thing is given by reason of his
official position, regardless of whether or
not the same is for past favor or favors or
the giver hopes or expects to receive a
favor or better treatment in the future from the
public official or employee concerned in the
discharge of his official functions. Included
within the prohibition is the throwing of
parties or entertainments in honor of the
official or employees or his immediate
relatives. xxx”
DEFENSOR-SANTIAGO v. VASQUEZ
Topic: PD46; any occasion
DOCTRINE: Prohibition does not lie to enjoin
Sandiganbayan from further proceedings.
Whether her claim (that the donations for the
Chirstmas party was not for personal use but
for the CID employees’ raffle) would negate
applicability of PD46 would involve an inquiry
into facts better ascertained in the trial.
ANTI PLUNDER LAW (RA 7080)
Definition of terms:
 ill-gotten wealth- see Sec. 1
 plunder- see Sec. 2
 series- 2 or more overt acts under the
same category in Sec. 1 (d)
 combination- at least 2 acts under
different categories in Sec. 1(d)
 pattern-
1. At least a series or combination
2. Directed towards a common
goal—amass ill-gotten wealth
3. Overall unlawful scheme. If there
is no overall unlawful scheme, or
the schemes used by multiple
accused vary, the overt acts must
form part of a conspiracy to
achieve a common purpose.
 evidence necessary- not necessary to
prove each act, it suffices to prove beyond
reasonable doubt a pattern which
produces at least P50k. (see Sec. 4)
Section 1. Definition of Terms - As used in
this Act, the term -
a) 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.
b) Government includes the National
Government, and any of its subdivisions,
agencies or instrumentalities, including
government-owned or -controlled corporations
and their subsidiaries.
c) Person includes any natural or juridical
person, unless the context indicates otherwise.
d) Ill-gotten wealth means any asset,
property, business enterprise or material
possession of any person within the purview of
Section Two (2) hereof, acquired by him
directly or indirectly through dummies,
nominees, agents, subordinates and/or
business associates by any combination or
series of the following means or similar
schemes:
1) Through misappropriation, conversion,
misuse, or malversation of public funds or
raids on the public treasury;
2) By receiving, directly or indirectly, any
commission, gift, share, percentage, kickbacks
or any other form of pecuniary benefit from
any person and/or entity in connection with
any government contract or project or by
reason of the office or position of the public
officer concerned;
3) By the illegal or fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions,
agencies or instrumentalities or government-
owned or -controlled corporations and their
subsidiaries;
4) By obtaining, receiving or accepting directly
or indirectly any shares of stock, equity or any
other form of interest or participation including
promise of future employment in any business
enterprise or undertaking;
5) By establishing agricultural, industrial or
commercial monopolies or other combinations
and/or implementation of decrees and orders
intended to benefit particular persons or
special interests; or
6) By taking undue advantage of official
position, authority, relationship, connection or
influence to unjustly enrich himself or
themselves at the expense and to the damage
and prejudice of the Filipino people and the
Republic of the Philippines.
ELEMENTS OF PLUNDER (Sec. 2):
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 overt or criminal act in Sec. 1(d) ;
and,
3. That the aggregate amount or total value of
the ill-gotten wealth amassed, accumulated or
acquired is at least P50,000,000.00.
Section 2 As amended by Section 12 of RA
No.7659:
Sec. 2. Definition of the Crime of Plunder;
Penalties. Any public officer who, by himself
or in connivance with members of his family,
relatives by affinity or consanguinity, business
associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten
wealth through a combination or series of
overt criminal acts as described in Section 1
(d) hereof in the aggregate amount or total
value of at least Fifty million pesos
(P50,000,000.00) shall be guilty of the crime of
plunder and shall be punished by reclusion
perpetua to death. Any person who
participated with the said public officer in the
commission of an offense contributing to the
crime of plunder shall likewise be punished for
such offense. In the imposition of penalties,
the degree of participation and the attendance
of mitigating and extenuating circumstances,
as provided by the Revised Penal Code, shall
be considered by the court. The court shall
declare any and all ill-gotten wealth and their
interests and other incomes and assets
including the properties and shares of stocks
derived from the deposit or investment thereof
forfeited in favor of the State.
Section 4. Rule of Evidence For purposes of
establishing the crime of plunder, it shall not
be necessary to prove each and every
criminal act done by the accused in
furtherance of the scheme or conspiracy to
amass, accumulate or acquire ill-gotten
wealth, it being sufficient to establish beyond
reasonable doubt a pattern of overt or criminal
acts indicative of the overall unlawful scheme
or conspiracy.
ESTRADA v. SANDIGANBAYAN
Topic: plunder, definitions
DOCTRINE: RA7080 is not vague for not
defining “series” or “combination,” as long as
there is a guide for the judge, in its application,
the counsel, in defending the accused, and the
accused, in identifying the realm of the
proscribed conduct. All elements are in the
amended Info filed by OMB.
FORFEITURE (RA 1379)
Section 2. Filing of petition. Whenever any
public officer or employee has acquired
during his incumbency an amount of
property which is manifestly out of
proportion to his salary as such public
officer or employee and to his other lawful
income and the income from legitimately
acquired property, said property shall be
presumed prima facie to have been
unlawfully acquired. The Solicitor General,
upon complaint by any taxpayer to the city or
provincial fiscal who shall conduct a previous
inquiry similar to preliminary investigations in
criminal cases and shall certify to the Solicitor
General that there is reasonable ground to
believe that there has been committed a
violation of this Act and the respondent is
probably guilty thereof, shall file, in the name
and on behalf of the Republic of the
Philippines, in the Court of First Instance of the
city or province where said public officer or
employee resides or holds office, a petition for
a writ commanding said officer or employee to
show cause why the property aforesaid, or any
part thereof, should not be declared property
of the State: Provided, That no such petition
shall be filed within one year before any
general election or within three months before
any special election.
The resignation, dismissal or separation of the
officer or employee from his office or
employment in the Government or in the
Government-owned or controlled corporation
shall not be a bar to the filing of the
petition: Provided, however, That the right to
file such petition shall prescribe after four
years from the date of the resignation,
dismissal or separation or expiration of the
term of the office or employee concerned,
except as to those who have ceased to hold
office within ten years prior to the approval of
this Act, in which case the proceedings shall
prescribe after four years from the approval
hereof.
GARCIA v. SANDIGANBAYAN
Topic: plunder does not subsume forfeiture
DOCTRINE: There is no double jeopardy if
plunder and forfeiture were not consolidated.
The two have different causes of action.
Forfeiture is civi while plunder is criminal in
nature. One who is sued for forfeiture may be
proceeded against with plunder. Plunder did
not repeal forfeiture.
BUGARIN v. REPUBLIC
Topic: grossly disproportionate to income
DOCTRINE: The previous SC Decision
already declared the properties acquired
during office disproportionate to lawful income
be forfeited—they are all candidates for
forfeiture. No additional proof is required in
another hearing. All that was needed was
Sandiganbayan, the court of origin, to make
sure the acquisition costs remained within the
amount disproportionate to income. The case
was only remanded to Sandiganbayan to
implement the SC Ruling.
HUMAN SECURITY ACT OF 2007 (RA 9372)
SEC. 18. Period of Detention Without
Judicial Warrant of Arrest. The provisions of
Article 125 of the Revised Penal Code to the
contrary notwithstanding, any police or law
enforcement personnel, who, having been duly
authorized in writing by the Anti-Terrorism
Council has taken custody of a person
charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit
terrorism shall, without incurring any criminal
liability for delay in the delivery of detained
persons to the proper judicial authorities,
deliver said charged or suspected person
to the proper judicial authority within a
period of three days counted from the
moment the said charged or suspected
person has been apprehended or arrested,
detained, and taken into custody by the said
police, or law enforcement personnel:
Provided, That the arrest of those suspected
of the crime of terrorism or conspiracy to
commit terrorism must result from the
surveillance under Section 7 and examination
of bank deposits under Section 27 of this Act.
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. It shall be the duty
of the judge, among other things, to ascertain
the identity of the police or law enforcement
personnel and the person or persons they
have arrested and presented before him or
her, to inquire of them the reasons why they
have arrested the person and determine by
questioning and personal observation whether
or not the suspect has been subjected to any
physical, moral or psychological torture by
whom and why. The judge shall then submit a
written report of what he/she had observed
when the subject was brought before him to
the proper court that has jurisdiction over the
case of the person thus arrested. The judge
shall forthwith submit his/her report within
three calendar days from the time the suspect
was brought to his/her residence or office.
Immediately after taking custody of a person
charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism,
the police or law enforcement personnel shall
notify in writing the judge of the court nearest
the place of apprehension or arrest: Provided
,That where the arrest is made during
Saturdays, Sundays, holidays or after office
hours, the written notice shall be served at the
residence of the judge nearest the place
where the accused was arrested.
The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be
imposed upon the police or law enforcement
personnel who fails to notify and judge as
Provided in the preceding paragraph.
SEC. 44. Infidelity in the Custody of
Detained Persons. Any public officer who has
direct custody of a detained person or under
the provisions of this Act and who by his
deliberate act, misconduct, or inexcusable
negligence causes or allows the escape of
such detained person shall be guilty of an
offense and shall suffer the penalty of: (a)
twelve (12) years and one day to twenty (20)
years of imprisonment, if the detained person
has already been convicted and sentenced in
a final judgment of a competent court; and (b)
six years and one day to twelve (12) years of
imprisonment, if the detained person has not
been convicted and sentenced in a final
judgment of a competent court.
SEC. 38. Penalty for False or Untruthful
Statement or Misrepresentation of Material
Fact in Joint Affidavits. Any false or
untruthful statement or misrepresentation of
material fact in the joint affidavits required
respectively in Section 12 and Section 32 of
this Act shall constitute a criminal offense and
the affiants shall suffer individually the penalty
of ten (10) years and one day to twelve (12)
years of imprisonment.
SEC. 47. Penalty for Furnishing False
Evidence, Forged Document, or Spurious
Evidence. The penalty of twelve (12) years
and one day to twenty (20) years of
imprisonment shall be imposed upon any
person who knowingly furnishes false
testimony, forged document or spurious
evidence in any investigation or hearing under
this Act.
ANTI-RED TAPE ACT OF 2007 (RA 9485)
SEC. 4. Definition of Terms. As used in this
Act, the following terms are defined as follows:
(a) "Simple Transactions" refer to requests or
applications submitted by clients of a
government office or agency which only
require ministerial actions on the part of the
public officer or employee, or that which
present only inconsequential issues for the
resolution by an officer or employee of said
government office.
(b) "Complex Transactions" refer to requests
or applications submitted by clients of a
government office which necessitate the use
of discretion in the resolution of complicated
issues by an officer or employee of said
government office, such transaction to be
determined by the office concerned.
(c) "Frontline Service" refers to the process
or transaction between clients and government
offices or agencies involving applications for
any privilege, right, permit, reward, license,
concession, or for any modification, renewal or
extension of the enumerated applications
and/or requests which are acted upon in the
ordinary course of business of the agency or
office concerned.
(d) "Action" refers to the written approval or
disapproval made by a government office or
agency on the application or request submitted
by a client for processing.
(e) "Officer or Employee" refers to a person
employed in a government office or agency
required to perform specific duties and
responsibilities related to the application or
request submitted by a client for processing.
(f) "Irrevelant requirement" refer to any
document or performance of an act not directly
material to the resolution of the issues raised
in the request or needed in the application
submitted by the client.
(g) "Fixer" refers to any individual whether or
not officially involved in the operation of a
government office or agency who has access
to people working therein, and whether or not
in collusion with them, facilitates speedy
completion of transactions for pecuniary gain
or any other advantage or consideration.
SEC. 11. Violations. -After compliance with
the substantive and procedural due process,
the following shall constitute violations of this
Act together with their corresponding
penalties:
(a) Light Offense - (1) Refusal to accept
application and/or request within the
prescribed period or any document being
submitted by a client;
(2) Failure to act on an application
and/or request or failure to refer back
to the client a request which cannot be
acted upon due to lack of
requirement/s within the prescribed
period;
(3) Failure to attend to clients who are
within the premises of the office or
agency concerned prior to the end of
official working hours and during lunch
 (4) Failure to render frontline
services within the prescribed period
on any application and/or request
without due cause;
(5) Failure to give the client a written
notice on the disapproval of an
application or request; and
(6) Imposition of additional irrelevant
requirements other than those listed
in the first notice.
Penalties for light offense shall be as
follows:
First Offense - Thirty (30) days
suspension without pay and
mandatory attendance in
Values Orientation Program;
Second Offense - Three (3)
months suspension without
pay; and
Third Offense - Dismissal and
perpetual disqualification from
public service.
(b) Grave Offense - Fixing and/or collusion
with fixers in consideration of economic
and/or other gain or advantage.
Penalty - Dismissal and perpetual
disqualification from public service.
SEC. 13. Civil and Criminal Liability, Not
Barred. The finding of administrative liability
under this Act shall not be a bar to the filing of
criminal, civil or other related charges under
existing laws arising from the same act or
omission as herein enumerated.
X. CRIMES AGAINST PERSONS
ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004 (RA 9262)
SECTION 3. Definition of Terms. As used in
this Act,
(a) "Violence against women and their
children" refers to any act or a series of acts
committed by any person against a woman
who is his wife, former wife, or against a
woman with whom the person has or had a
sexual or dating relationship, or with whom he
has a common child, or against her child
whether legitimate or illegitimate, within or
without the family abode, which result in or is
likely to result in physical, sexual,
psychological harm or suffering, or economic
abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not
limited to, the following acts:
A. "Physical Violence" refers to acts
that include bodily or physical harm;
B. "Sexual violence" refers to an act
which is sexual in nature, committed
against a woman or her child. It
includes, but is not limited to:
a) rape, sexual harassment,
acts of lasciviousness, treating
a woman or her child as a sex
object, making demeaning
and sexually suggestive
remarks, physically attacking
the sexual parts of the victim's
body, forcing her/him to watch
obscene publications and
indecent shows or forcing the
woman or her child to do
indecent acts and/or make
films thereof, forcing the wife
and mistress/lover to live in
the conjugal home or sleep
together in the same room
with the abuser;
b) acts causing or attempting
to cause the victim to engage
in any sexual activity by force,
threat of force, physical or
other harm or threat of
physical or other harm or
coercion;
c) Prostituting the woman or
child.
C. "Psychological violence" refers to
acts or omissions causing or likely to
cause mental or emotional suffering of
the victim such as but not limited to
intimidation, harassment, stalking,
damage to property, public ridicule or
humiliation, repeated verbal abuse
and mental infidelity. 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.
D. "Economic abuse" refers to acts
that make or attempt to make a
woman financially dependent which
 includes, but is not limited to the
following:
1. withdrawal of financial
support or preventing the
victim from engaging in any
legitimate profession,
occupation, business or
activity, except in cases
wherein the other
spouse/partner objects on
valid, serious and moral
grounds as defined in Article
73 of the Family Code;
2. deprivation or threat of
deprivation of financial
resources and the right to the
use and enjoyment of the
conjugal, community or
property owned in common;
3. destroying household
property;
4. controlling the victims' own
money or properties or solely
controlling the conjugal money
or properties.
xxx
(e) "Dating relationship" refers to a situation
wherein the parties live as husband and wife
without the benefit of marriage or are
romantically involved over time and on a
continuing basis during the course of the
relationship. A casual acquaintance or
ordinary socialization between two individuals
in a business or social context is not a dating
relationship.
xxx
(h) "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.
SECTION 5. Acts of Violence Against Women
and Their Children.- The crime of violence
against women and their children is committed
through any of the following acts:
(a) Causing physical harm to the woman or
her child;
(b) Threatening to cause the woman or her
child physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the right to
desist from or desist from conduct which the
woman or her child has the right to engage in,
or attempting to restrict or restricting the
woman's or her child's freedom of movement
or conduct by force or threat of force, physical
or other harm or threat of physical or other
harm, or intimidation directed against the
woman or child. This shall include, but not
limited to, the following acts committed with
the purpose or effect of controlling or
restricting the woman's or her child's
movement or conduct:
(1) Threatening to deprive or actually
depriving the woman or her child of
custody to her/his family;
(2) 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;
(3) Depriving or threatening to deprive
the woman or her child of a legal right;
(4) Preventing the woman in engaging
in any legitimate profession,
occupation, business or activity or
controlling the victim's own mon4ey or
properties, or solely controlling the
conjugal or common money, or
properties;
(f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of controlling
her actions or decisions;
(g) 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;
(h) 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:
(1) Stalking or following the woman or
her child in public or private places;
(2) Peering in the window or lingering
outside the residence of the woman or
her child;
(3) Entering or remaining in the
dwelling or on the property of the
 woman or her child against her/his
will;
(4) Destroying the property and
personal belongings or inflicting harm
to animals or pets of the woman or her
child; and
(5) Engaging in any form of
harassment or violence;
(i) 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.
SECTION 9. Who may file Petition for
Protection Orders. – A petition for protection
order may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral
relatives within the fourth civil degree of
consanguinity or affinity;
(d) officers or social workers of the DSWD or
social workers of local government units
(LGUs);
(e) police officers, preferably those in charge
of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare
provider of the petitioner;
(h) At least two (2) concerned responsible
citizens of the city or municipality where the
violence against women and their children
occurred and who has personal knowledge of
the offense committed.
PAVLOW v. MENDENILLA
Topic: remedies
DOCTRINE: The parent’s right to file for PO
under Sec. 9 is suspended (not cancelled)
when the victim has filed a petition for herself.
Mother filed after her daughter’s complaint
was dismissed. There was no forum shopping
by the mother because daughter’s complaint
did not even commence proceedings for TPO.
Preliminary investigation at prosecutor’s level
is not a trial which engenders risk of litis
pendentia or res judicata.
3 remedies:
1. Criminal Complaint (Sec. 5, VAMC)
2. Civil (damages) (Sec. 36 VAWC)
3. Civil (Protection Order)
1. Barangay PO- issued by Punong
Barangay or Kagawad
2. Temporary PO (provisional, 30
days effective, during which a
hearing is conducted for the
propriety of the TPO)
3. Permanent PO (TPO and PPO
issued by Trial Court.)
ANTI-CHILD PORNOGRAPHY ACT OF 2009
(RA9775)
Section 3. Definition of Terms. -
(a) "Child" refers to a person below eighteen
(18) years of age or over, but is unable to fully
take care of himself/herself from abuse,
neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or
condition.
For the purpose of this Act, a child shall also
refer to:
(1) a person regardless of age who is
presented, depicted or portrayed as a
child as defined herein; and
(2) computer-generated, digitally or
manually crafted images or graphics
of a person who is represented or who
is made to appear to be a child as
defined herein.
(b) "Child pornography" refers to any
representation, whether visual, audio, or
written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in
real or simulated explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual or
simulated -
(1) As to form:
(i) sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to
genital, anal to genital, or oral to anal,
whether between persons of the same
or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or
anus; or
 (6) use of any object or instrument for
lascivious acts xxx
(f) "Internet content host" refers to a person
who hosts or who proposes to host internet
content in the Philippines.
(g) "Internet service provider (ISP)" refers to a
person or entity that supplies or proposes to
supply, an internet carriage service to the
public.
(h) "Grooming" refers to the act of preparing a
child or someone who the offender believes to
be a child for sexual activity or sexual
relationship by communicating any form of
child pornography. It includes online
enticement or enticement through any other
means.
(i) "Luring" refers to the act of communicating,
by means of a computer system, with a child
or someone who the offender believes to be a
child for the purpose of facilitating the
commission of sexual activity or production of
any form of child pornography.(2) Bestiality;
(j) "Pandering" refers to the act of offering,
advertising, promoting, representing or
distributing through any means any material or
purported material that is intended to cause
another to believe that the material or
purported material contains any form of child
pornography, regardless of the actual content
of the material or purported material.
(k) "Person" refers to any natural or juridical
entity.
Section 4. Unlawful or Prohibited Acts. - It
shall be unlawful for any person:
(a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create
any form of child pornography;
(c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or
import any form of child pornography;
(d) To possess any form of child pornography
with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three
(3) or more articles of child pornography of the
same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to, dens,
private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate
business;
(f) For film distributors, theaters and
telecommunication companies, by themselves
or in cooperation with other entities, to
distribute any form of child pornography;
(g) For a parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of child
pornography;
(h) To engage in the luring or grooming of a
child;
(i) To engage in pandering of any form of child
pornography;
(j) To willfully access any form of child
pornography;
(k) To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to
commit any form of child pornography shall be
committed when two (2) or more persons
come to an agreement concerning the
commission of any of the said prohibited acts
and decide to commit it; and
(l) To possess any form of child pornography.
Section 5. Syndicated Child Pornography -
The crime of child pornography is deemed
committed by a syndicate if carried out by a
group of three (3) or more persons conspiring
or confederating with one another and shall be
punished under Section 15(a) of this Act.
ANTI-HAZING LAW (RA 8049)
VILLAREAL v. PEOPLE
Topic: nature and purpose of hazing
DOCTRINE: Intentional felony requires
malicious intent for conspiracy to attach.
Culpable Felony/criminal negligence is where
injury inflicted is unintentional. There was no
intent to kill because the utterances were all
part of psychological initiation and not from ill
will. There being no intent to kill, conspiracy
cannot attach and all accused were judged by
their individual acts. There was no intent to
injure because all the acts were part of
physical initiation. However, there was patent
recklessness in their collective acts, thus
criminal liability redounds to all who directly
participated. Dizon, et.al. are guilty of reckless
imprudence resulting in homicide. Had the
Anti-Hazing Law been in effect then, they
would have all been convicted of Hazing
punishable by reclusion perpetua. Without the
Hazing Law, hazing resulting in death,
physical injuries, or sexual abuse would all
need proof of malicious intent for a conviction
under RPC. With the Hazing Law, intent is
immaterial, it being mala prohibita; regardless
if the victim consented, results of hazing (e.g.
death, physical injuries) merely aggravates the
crime with higher penalties. Physical/
Psychological pain is by itself the punishable
act.
SPECIAL PROTECTION OF CHILDREN
AGAINST ABUSE, EXPLOITATION AND
DISCRIMINATION ACT (RA 7310)
Section 3. Definition of Terms. –
(a) "Children" refers to person below eighteen
(18) years of age or those over but are unable
to fully take care of themselves or protect
themselves from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition;
(b) "Child abuse" refers to the maltreatment,
whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical
abuse, neglect, cruelty, sexual abuse
and emotional maltreatment;
(2) Any act by deeds or words which
debases, degrades or demeans the
intrinsic worth and dignity of a child as
a human being;
(3) Unreasonable deprivation of his
basic needs for survival, such as food
and shelter; or
(4) 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. xxx
Section 5. Child Prostitution and Other
Sexual Abuse. – Children, whether male or
female, who for money, profit, or any other
consideration or due to the coercion or
influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited
in prostitution and other sexual abuse.
The penalty of reclusion temporal in its
medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote, facilitate
or induce child prostitution which include, but
are not limited to, the following:
(1) Acting as a procurer of a child
prostitute;
(2) Inducing a person to be a client of
a child prostitute by means of written
or oral advertisements or other similar
means;
(3) Taking advantage of influence or
relationship to procure a child as
prostitute;
(4) Threatening or using violence
towards a child to engage him as a
prostitute; or
(5) Giving monetary consideration
goods or other pecuniary benefit to a
child with intent to engage such child
in prostitution.
(b) Those who commit the act of sexual
intercourse of lascivious conduct with a child
exploited in prostitution or subject to other
sexual abuse; Provided, That when the
victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article
335, paragraph 3, for rape and Article 336 of
Act No. 3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as the
case may be: Provided, That the penalty for
lascivious conduct when the victim is under
twelve (12) years of age shall be reclusion
temporal in its medium period; and
(c) Those who derive profit or advantage
therefrom, whether as manager or owner of
the establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place
of entertainment or establishment serving as a
cover or which engages in prostitution in
addition to the activity for which the license
has been issued to said establishment.
Section 6. Attempt To Commit Child
Prostitution. – There is an attempt to commit
child prostitution under Section 5, paragraph
(a) hereof when any person who, not being a
relative of a child, is found alone with the said
child inside the room or cubicle of a house, an
inn, hotel, motel, pension house, apartelle or
other similar establishments, vessel, vehicle or
any other hidden or secluded area under
circumstances which would lead a reasonable
person to believe that the child is about to be
exploited in prostitution and other sexual
abuse.
There is also an attempt to commit child
prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services
from a child in a sauna parlor or bath,
massage clinic, health club and other similar
establishments. A penalty lower by two (2)
degrees than that prescribed for the
consummated felony under Section 5 hereof
shall be imposed upon the principals of the
attempt to commit the crime of child
prostitution under this Act, or, in the proper
case, under the Revised Penal Code.
Section 10. Other Acts of Neglect, Abuse,
Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's
Development. –
(a) Any person who shall commit any other
acts of child abuse, cruelty or exploitation
or to be responsible for other conditions
prejudicial to the child's development
including those covered by Article 59 of
Presidential Decree No. 603, as amended, but
not covered by the Revised Penal Code, as
amended, shall suffer the penalty of prision
mayor in its minimum period.
(b) Any person who shall keep or have in his
company a minor, twelve (12) years or under
or who in ten (10) years or more his junior in
any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other
tourist resort or similar places shall suffer the
penalty of prision mayor in its maximum period
and a fine of not less than Fifty thousand
pesos (P50,000): Provided, That this provision
shall not apply to any person who is related
within the fourth degree of consanguinity or
affinity or any bond recognized by law, local
custom and tradition or acts in the
performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or
offer a minor to any one prohibited by this Act
to keep or have in his company a minor as
provided in the preceding paragraph shall
suffer the penalty of prision mayor in its
medium period and a fine of not less than
Forty thousand pesos (P40,000); Provided,
however, That should the perpetrator be an
ascendant, stepparent or guardian of the
minor, the penalty to be imposed shall be
prision mayor in its maximum period, a fine of
not less than Fifty thousand pesos (P50,000),
and the loss of parental authority over the
minor.
(d) Any person, owner, manager or one
entrusted with the operation of any public or
private place of accommodation, whether for
occupancy, food, drink or otherwise, including
residential places, who allows any person to
take along with him to such place or places
any minor herein described shall be imposed a
penalty of prision mayor in its medium period
and a fine of not less than Fifty thousand
pesos (P50,000), and the loss of the license to
operate such a place or establishment.
(e) Any person who shall use, coerce, force or
intimidate a street child or any other child to;
(1) Beg or use begging as a means of
living;
(2) Act as conduit or middlemen in
drug trafficking or pushing; or
(3) Conduct any illegal activities, shall
suffer the penalty of prision
correccional in its medium period to
reclusion perpetua.
LUCIDO v. PEOPLE
Topic: Child abuse; Sec. 3 (b)
DOCTRINE: Sec. 3(b)(1) of RA7610 defines
child abuse as maltreatment, whether or not
habitual, including physical abuse. Thus,
Lucido is guilty of child abuse for pinching,
beating, and inserting her finger into an 8 year
old’s vagina. Sec. 10(a) punishes 4 distinct
offenses: child abuse, child cruelty, child
exploitation, and being responsible for
conditions prejudicial to the child’s
development. The 1st 3 do not need proof that
it was prejudicial to the child’s development.
Bongalon ruling wherein Bongalon was only
convicted of slight physical injuries does not
apply; unlike in this case, Bongalon acted for
the safety of his daughters.
BONGALON v. PEOPLE
Topic: laying hands
DOCTRINE: Not guilty of child abuse under
Sec. 10(a) but only slight physical injuries
mitigated by passion or obfuscation. It was not
established that his laying of hands on the
minor had been intended to debase the
“intrinsic worth and dignity” of the child or that
he intended to humiliate or embarrass him. It
was done for the safety of is daughters.
PEOPLE v. CAOILI
Topic: sexual assault, acts of lasciviousness,
and rape
DOCTRINE: Rape by sexual assault was the
offense proved. When rape is committed by a
close kin, like here by the victim’s father, it is
not necessary that actual force or intimidation
be employed. Moral influence takes place of
violence or intimidation. Caoili cannot be
convicted of object rape (sexual assault)
pursuant to the variance doctrine when he was
charged with penile rape (sexual intercourse)
because the two modes of rape are different.
In Object Rape, the offender and victim can be
a man or a woman who inserts his penis or
inserts an instrument into any of the victim’s
orifices. In Penile Rape, the victim is always a
woman and the offender is always a man who
has carnal knowledge of the woman. Caoili
can be convicted of lascivious conduct under
Sec 5b RA7610: victims should be 18 y.o.
below or those over but unable to fully take
care of themselves. Sec. 2. Of RR of RA7610:
g (coercion) and h (touches breasts, genitalia.)
Further, Acts of Lasciviousness under Sec 5b
is subsumed in penile rape (Art 266A, RPC)
QUIMVEL v. PEOPLE
Topic: sexual assault, acts of lasciviousness,
and rape
DOCTRINE: Quimvel argues that the Info did
not include the victim being subjected to
prostitution which is necessary under Sec 5b.
However, the law punishes both: Sec 5a
punishes prostitution for profit while 5b
punishes sexual intercourse/lascivious
conduct on a child subjected to other sexual
abuse. Force and intimidation is subsumed
under coercion and influence. There need not
be a 3rd person (bugaw) subjecting the child to
other abuse: 5a (applies won there is a
bugaw), 5b (can be committed by “any adult,
syndicate, or group.” Art 336 RPC was never
rendered ineffective by RA 8353. A335 now
refers to A266-A which replaced A335. A336
covers acts of lasciviousness with a child not
exploited in prostitution nor subjected to other
sexual abuse which are covered by Sec 5 of
RA 7310. Quimvel violated 5b for putting his
finger inside a child under 12 y.o. while asleep.
Physical violence and intimidation are not
required. Moral coercion/ascendancy is
sufficient, Quimvel being the caretaker of the
victim’s grandfather’s ducks.
ANTI-ENFORCED OR INVOLUNTARY
DISAPPEARANCE ACT OF 2012 (RA 10353)
Section 3. Definitions. –For purposes of this
Act, the following terms shall be defined as
follows: xxx
(b) Enforced or involuntary
disappearance refers to the arrest, detention,
abduction or any other form of deprivation of
liberty committed by agents of the State or by
persons or groups of persons acting with the
authorization, support or acquiescence of the
State, followed by a refusal to acknowledge
the deprivation of liberty or by concealment of
the fate or whereabouts of the disappeared
person, which places such person outside the
protection of the law.
(c) Order of Battle refers to a document made
by the military, police or any law enforcement
agency of the government, listing the names of
persons and organizations that it perceives to
be enemies of the State and which it considers
as legitimate targets as combatants that it
could deal with, through the use of means
allowed by domestic and international law. xxx
XI. CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY
AN ACT PROHIBITING THE DETENTION OF
PATIENTS IN HOSPITALS (RA 9439)
SECTION 1. It shall be unlawful for any
hospital or medical clinic in the country to
detain or to otherwise cause, directly or
indirectly, the detention of patients who have
fully or partially recovered or have been
adequately attended to or who may have died,
for reasons of nonpayment in part or in full
of hospital bills or medical expenses.
SEC. 2. Patients who have fully or partially
recovered and who already wish to leave the
hospital or medical clinic but are financially
incapable to settle, in part or in full, their
hospitalization expenses, including
professional fees and medicines, shall be
allowed to leave the hospital or medical clinic,
with a right to demand the issuance of the
corresponding medical certificate and
other pertinent papers required for the
release of the patient from the hospital or
medical clinic upon the execution of a
promissory note covering the unpaid
obligation. The promissory note shall be
secured by either a mortgage or by a
guarantee of a co-maker, who will be jointly
and severally liable with the patient for the
unpaid obligation. In the case of a deceased
patient, the corresponding death certificate
and other documents required for interment
and other purposes shall be released to any of
his surviving relatives requesting for the
same: Provided, however, That patients who
stayed in private rooms shall not be covered
by this Act.
ANTI-HOSPITAL DEPOSIT LAW (RA 10932)
Section 1. In emergency or serious cases, it
shall be unlawful for any proprietor,
president, director, manager or any other
officer, and/or medical practitioner or
employee of a hospital or medical clinic to
request, solicit, demand or accept any
deposit or any other form of advance
payment as a prerequisite for
administering basic emergency care to any
patient confinement or medical clinic or to
refuse to administer medical treatment and
support as dictated by good practice of
medicine to prevent death, or permanent
disability, or in the case of a pregnant woman
permanent injury or loss of her unborn child, or
noninstitutional delivery: Provided, that by
reason of inadequacy of the medical
capabilities of the hospital or medical clinic.
The attending physician may transfer the
patient to a facility where the appropriate
care can be given, after the patient or his
next of kin consents to said transfer and
after the receiving hospital or medical clinic
agrees to the transfer. Provided, however, that
when the patient is unconscious, incapable
of giving consent and/or unaccompanied
the physician can transfer the patient even
without his consent. Provided, further, that
such transfer shall be done only after
necessary emergency treatment and
support have been administered to stabilize
the patient and after it has been establish
that such transfer entails less risks than
the patient’s continued confinement.
Provided, furthermore, that no hospital or
clinic, after being informed of the medical
indication for such transfer shall refuse to
receive the patient nor demand from the
patient or his next of kin any deposit or
advance payment. Provided, finally, that strict
compliance with the foregoing procedure on
transfer shall not be constructed as a refusal
made punishable by this Act.”
ANTI-BULLYING ACT OF 2013 (RA 10627)
Section 2. Acts of Bullying. – For purposes of
this Act, "bullying" shall refer to any severe or
repeated use by one or more students of a
written, verbal or electronic expression, or a
physical act or gesture, or any combination
thereof, directed at another student that has
the effect of actually causing or placing the
latter in reasonable fear of physical or
emotional harm or damage to his property;
creating a hostile environment at school for the
other student; infringing on the rights of the
other student at school; or materially and
substantially disrupting the education process
or the orderly operation of a school; such as,
but not limited to, the following:
a. Any unwanted physical contact between the
bully and the victim like punching, pushing,
shoving, kicking, slapping, tickling, headlocks,
inflicting school pranks, teasing, fighting and
the use of available objects as weapons;
b. Any act that causes damage to a victim’s
psyche and/or emotional well-being;
c. Any slanderous statement or accusation
that causes the victim undue emotional
distress like directing foul language or
profanity at the target, name-calling,
tormenting and commenting negatively on
victim’s looks, clothes and body; and
d. Cyber-bullying or any bullying done through
the use of technology or any electronic means.
Section 3. Adoption of Anti-Bullying Policies. –
All elementary and secondary schools are
hereby directed to adopt policies to address
the existence of bullying in their respective
institutions. Such policies shall be regularly
updated and, at a minimum, shall include
provisions which:
(a) Prohibit the following acts:
(1) Bullying on school grounds;
property immediately adjacent to
school grounds; at school-sponsored
 or school-related activities, functions
or programs whether on or off school
grounds; at school bus stops; on
school buses or other vehicles owned,
leased or used by a school; or through
the use of technology or an electronic
device owned, leased or used by a
school;
(2) Bullying at a location, activity,
function or program that is not school-
related and through the use of
technology or an electronic device that
is not owned, leased or used by a
school if the act or acts in question
create a hostile environment at school
for the victim, infringe on the rights of
the victim at school, or materially and
substantially disrupt the education
process or the orderly operation of a
school; and
(3) Retaliation against a person who
reports bullying, who provides
information during an investigation of
bullying, or who is a witness to or has
reliable information about bullying;
(b) Identify the range of disciplinary
administrative actions that may be taken
against a perpetrator for bullying or retaliation
which shall be commensurate with the nature
and gravity of the offense: Provided, That, in
addition to the disciplinary sanctions imposed
upon a perpetrator of bullying or retaliation,
he/she shall also be required to undergo a
rehabilitation program which shall be
administered by the institution concerned. The
parents of the said perpetrator shall be
encouraged by the said institution to join the
rehabilitation program;
(c) Establish clear procedures and strategies
for:
(1) Reporting acts of bullying or
retaliation;
(2) Responding promptly to and
investigating reports of bullying or
retaliation;
(3) Restoring a sense of safety for a
victim and assessing the student’s
need for protection;
(4) Protecting from bullying or
retaliation of a person who reports
acts of bullying, provides information
during an investigation of bullying, or
is witness to or has reliable
information about an act of bullying;
and
(5) Providing counseling or referral to
appropriate services for perpetrators,
victims and appropriate family
members of said students;
(d) Enable students to anonymously report
bullying or retaliation: Provided, however, That
no disciplinary administrative action shall be
taken against a perpetrator solely on the basis
of an anonymous report;
(e) Subject a student who knowingly makes a
false accusation of bullying to disciplinary
administrative action;
(f) Educate students on the dynamics of
bullying, the anti-bullying policies of the school
as well as the mechanisms of such school for
the anonymous reporting of acts of bullying or
retaliation;
(g) Educate parents and guardians about the
dynamics of bullying, the anti-bullying policies
of the school and how parents and guardians
can provide support and reinforce such
policies at home; and
(h) Maintain a public record of relevant
information and statistics on acts of bullying or
retaliation in school: Provided, That the names
of students who committed acts of bullying or
retaliation shall be strictly confidential and only
made available to the school administration,
teachers directly responsible for the said
students and parents or guardians of students
who are or have been victims of acts of
bullying or retaliation.
All elementary and secondary schools shall
provide students and their parents or
guardians a copy of the anti-bullying policies
being adopted by the school. Such policies
shall likewise be included in the school’s
student and/or employee handbook and shall
be conspicuously posted on the school walls
and website, if there is any.
The Department of Education (DepED) shall
include in its training programs, courses or
activities which shall provide opportunities for
school administrators, teachers and other
employees to develop their knowledge and
skills in preventing or responding to any without a valid license, as a restaurant
bullying act. entertainer in Malaysia but making her work as
a prostitute. It then follows that Lalli was also
ANTI-ENFORCED OR INVOLUNTARY guilty of trafficking. Illegal recruitment of a
DISAPPEARANCE ACT OF 2012 (RA 10353) prostitute constitutes trafficking in persons.
[Already tackled] (Sec 3a & 4 of RA 9208) Trafficking under
these provisions is not limited to transportation
ANTI-WIRE TAPPING ACT (RA 4200) of victims but also recruitment of victims for
trafficking.
Section 1. It shall be unlawful for any person,
not being authorized by all the parties to
any private communication or spoken word,
to tap any wire or cable, or by using any other
device or arrangement, to secretly overhear,
intercept, or record such communication or
spoken word by using a device commonly
known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder, or
however otherwise described:

It shall also be unlawful for any person, be he

a participant or not in the act or acts penalized
in the next preceding sentence, to knowingly
possess any tape record, wire record, disc
record, or any other such record, or copies
thereof, of any communication or spoken word
secured either before or after the effective
date of this Act in the manner prohibited by
this law; or to replay the same for any other
person or persons; or to communicate the
contents thereof, either verbally or in writing,
or to furnish transcriptions thereof, whether
complete or partial, to any other
person: Provided, That the use of such record
or any copies thereof as evidence in any civil,
criminal investigation or trial of offenses
mentioned in section 3 hereof, shall not be
covered by this prohibition.

RAMIREZ v. CA
Topic: wire tap by person privy to
communication
DOCTRINE: RA 4200 applies to recordings by
one of the parties in the conversation,
pursuant to Sec. 1: “…unlawful for any
person… to tap any wire…” Nature of the
conversations is immaterial and need not be
alleged in the information. Verbal, non-verbal,
written, or expressive communications cover
emotionally charged exchange in the privacy
of Garcia’s office.

ANTI-TRAFFICKING IN PERSONS ACT OF

2003 (RA 9208) [Already tackled]

PEOPLE v. LALLI [Already tackled]

Topic: punishable acts
DOCTRINE: Lalli was found guilty of illegal
recruitment for recruiting the complainant,