2D SPL MIDTERMS  
RULES OF CONSTRUCTION
OF PENAL LAWS
Pro reo doctrine
All laws must be interpreted liberally in favor of the accused and
strictly against the state. It applies only when a penal law is
susceptible of two interpretations, one consistent with acquittal, and
the other with conviction, and in such case, the offender is entitled to
acquittal as a matter of right.
In case of repeal or amendment of laws, the beneficial provisions of
the amendatory law shall be given retroactive application as an
exception to the ex post facto rule.
Absolute repeal - Act or omission is decriminalized, thus:
● If a case is pending - case shall be terminated as
there’s no more crime to be tried
● If already convicted/serving sentence - released if he
is not a habitual delinquent unless the law provides
that detention is to continue
Partial repeal
● First law will govern if accused is a habitual
delinquent or if the favorable second law prohibits
retroactivity.
● Second law will govern if it is favorable to the
offender who is not a habitual delinquent or the law
is silent as to its retroactivity.
Although enacted as an SPL, when it uses the nomenclature of
penalties of the RPC, by force of Art. 10 thereof, the beneficial
provisions of Art. 22 applies to and shall be given retroactive effect to
crimes punished thereunder.
Penal laws in Art. 22 should apply to all such laws whether under the
RPC or SPL, and whether the crime is malum in se or malum
prohibitum.
OF EVIDENCE IN CRIMINAL PROSECUTIONS
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 1
 
● Even in the appreciation of evidentiary matters, the liberal
rule (pro reo) holds true. Where the evidence is equipoise,
that is, the evidence of the prosecution and of the defense
are equally balanced, the scale should be tilted in favor of
the accused in view of the constitutional presumption of
evidence.
● Burden of proving guilt lies on the prosecution which must
rely on the strength of its own evidence and not on the
weakness of the defense.
OF QUANTUM OF PROOF
● Every criminal conviction requires the prosecution to prove
two things:
1. Presence of all the elements of the crime
2. The fact that the accused is the perpetrator of the
crime.
● Reasonable doubt as basis of acquittal means that the
evidence of the prosecution was not sufficient to sustain the
guilt of accused beyond the point of moral certainty.
○ Burden is particular to the prosecution
○ It does not apply to exculpatory facts as may be
raised by the defense
● For circumstantial evidence to convict, the Rules of Court
require that:
1. There is more than one circumstance;
2. The facts from which the inferences are derived are
proven; and
3. The combination of all the circumstances is such as
to produce a conviction beyond reasonable doubt.
● The circumstantial evidence presented and proved must
constitute an unbroken chain which leads to one fair
reasonable conclusion pointing to accused, to the exclusion
of all others, as the guilty person.
OF ACQUITTAL
 

2D SPL MIDTERMS  
● An acquitted defendant is entitled to the right of repose as a
direct consequence of the finality of his acquittal
● Right of repose - once acquitted, cannot be charged
OF ESTOPPEL, LACHES, AND WAIVER
● Public offenses like violation of the Anti-Graft Law and
Murder cannot be waived or condoned, much less barred by
the rules of estoppel. Social and public interests demand the
punishment of the offender.
● Criminal liability cannot be the subject of a compromise
because the offended party is the State and the private
offended party is reduced to a mere complaining witness.
 
RELATIONSHIP BETWEEN SPL AND RPC 
Applicability of the RPC on SPL ​(Art. 10, RPC)
1. “Special laws are not subject to the provisions of this Code”
Special laws are controlling with regard to offenses therein
specifically punished following the rule that special legal
provisions prevail over general ones
2. “This code shall be supplementary to such laws”
The main idea and purpose of the article is that the “Code
shall be supplementary” to the special laws, unless the latter
should specifically provide the contrary.
General Rule: Special Laws are not subject to the provisions of the
RPC.
● Circumstances affecting criminal liability under Art. 11-15 is
not applicable to SPL because their purpose is to calibrate
the penalty in proportion to the accused’s perversity or lack
of it.
● Lowering of penalties under Art. 50-57 likewise do not apply
because violators of special laws are all punished as
principals unless the law specifies otherwise.
XPN: RPC shall have a supplementary application to the special
laws when the law uses the nomenclature of RPC penalties and
necessarily, with its duration, correlation and legal effects under the
system of penalties therein.
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 2
No room for applying RPC when:
1. There is a legal or physical impossibility or a prohibition in
the special law against such supplementary application.
2. Special law expressly grants the court the discretion in
applying the penalty prescribed for the offense.
● Suppletory application of the RPC to special laws, by virtue
of Art. 10, finds relevance only when the provisions of the
special law are silent on a particular matter.
ON SYSTEM OF PENALTIES
● Special Penal Laws at times adopt the system of penalties
under the RPC when the nomenclature of the penalties
unique to the latter are used in penalizing offenders.
● When SPL uses the nomenclature of penalties in the RPC,
the rules of the RPC shall be followed in imposing the
penalty.
● Life imprisonment does not have any definite extent or
duration nor does it carry accessory penalties. It is imposed
as a penalty for serious offenses penalized by special laws.
● Reclusion perpetua is not synonymous with life
imprisonment. Life imprisonment is nowhere in the scheme
of penalties in the RPC nor is it a penalty similar to reclusion
perpetua.
Life Imprisonment Reclusion Perpetua
Violation of SPL Violation of RPC
With no fixed duration Fixed duration of 20y1d to 40y
Without accessory penalties With accessory penalties under
Art. 27
 

2D SPL MIDTERMS  
PRINCIPLES OF RPC APPLICABLE TO SPL 
ON MATTER OF REPEAL OF PENAL LAWS
● Beneficial provisions of the amendatory law shall be given
retroactive application as an exception to the ex post facto
law.
○ Absolute/total/express repeal
■ the act or omission is decriminalized so that
if a case is pending it shall be dismissed
■ whether the accused is a habitual delinquent
or not because there is no more crime for
which he should be tried
■ if already convicted and/or serving sentence,
he shall be released if he is not a habitual
delinquent unless the law provides that
detention is to continue
○ Partial/relative/implied repeal or repeal by
re-enactment,
■ first law will govern if the accused is a
habitual delinquent or if the favorable
second law prohibits retroactivity
■ second law will govern if favorable to the
offender who Is not a habitual delinquent or
the law is silent as to it retroactivity
● Art 24 of the RPC enumerates ​measures of prevention or
safety which are not considered as penalties (preventive
remedies/ measures)
○ arrest and temporary detention of accused persons
○ detention by reason of insanity or imbecility, or
illness requiring their confinement in a hospital
○ commitment of a minor to any of the institutions for
minors
○ suspension from the employment or public office
during the trial or in order to institute proceedings
○ fines and other corrective measures which in the
exercise of their administrative disciplinary powers
○ superior officials may impose upon their
subordinates
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 3
○ deprivation of rights and reparations which the civil
law may establish in penal form
● Article 70 of the RPC allows simultaneous service of two or
more penalties if the nature of the penalties so permit.
○ These penalties, ​except destierro, can be served
simultaneously with imprisonment.
■ perpetual absolute disqualification
■ perpetual special disqualification
■ temporary absolute disqualification
■ temporary special disqualification
■ suspension
■ destierro
■ public censure
■ fine and bond to keep the peace
■ civil interdiction
■ confiscation and payment of costs
○ The penalties of deprivation of liberty cannot be
served simultaneously by reason of the nature of
such penalties. Two or more terms of imprisonment
should be served simultaneously
● SC Circular No. 39-97 limits the authority to issue ​hold
departure orders to the Regional Trial Courts in criminal
cases within their exclusive jurisdiction. This is so because
the issuance of a hold departure order is tantamount to an
infringement on the right and liberty of an individual to travel.
○ RTCs issuing the HDO shall furnish the DFA and the
Bureau of immigration of the DOJ with a copy each
of the HDO issued within 24 hours from the time of
issuance and through the fastest available means of
transmittal.
○ Whenever the accused has been acquitted or the
case has been dismissed, the judgment of acquittal
or the order of dismissal shall include therein the
cancellation of the HDO issued.
● Section 8 of Rule 124 of the Revised Rules of Criminal
Procedure enumerates the grounds for dismissal of ​appeals​.
Acts that are subject to outright dismissal, subject to
exceptions:
○ escape from prison or confinement
 
 
 
2D SPL MIDTERMS  

○ jumping bail
○ fleeing to a foreign country of the appellant results in
the outright dismissal of his appeal
○ appeal taken by one or more of several accused
shall not affect those who did not appeal
■ except insofar as the judgment of the
appellate court is favorable and applicable
■ i.e. as when they will benefit from the more
beneficial indeterminate sentence imposed
● Civil liabilities shall be settled in following order:
○ Monetary liabilities
■ 1st - reparation (if restitution is not available)
■ 2nd - indemnification
■ 3rd - fine
■ 4th - costs of proceedings
○ Conditions for moral damages
■ injury, whether physical, mental or
psychological, clearly sustained by the
claimant
■ culpable act or omission factually
established
■ wrongful act or omission of the defendant is
the proximate cause of the injury sustained
■ award of damages is predicated on Art 2219
of the Civil Code (quasi-delicts)

 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 4 

2D SPL MIDTERMS  
LAWS AFFECTING LIABILITIES AND PENALTIES
PROHIBITION OF DEATH PENALTY (R.A. 9346)  JUVENILE JUSTICE AND WELFARE ACT (R.A. 9344; R.A.
Non-imposition of cruel and unusual punishment or excessive
fines (CONST Art III, Sec 19)
The employment of physical, psychological, or degrading
punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.
No more imposition of death penalty (Sec 2)
in lieu of the death penalty, the following shall be imposed
○ reclusion perpetua, when the law violated makes use of the
nomenclature of the penalties of the Revised Penal Code
○ life imprisonment, when the law violated does not make use
of the nomenclature of the penalties of the Revised Penal
Code.
Non-eligibility for Parole (Sec 3)
Person convicted of offenses punished with reclusion perpetua, or
whose sentences will be reduced to reclusion perpetua shall not be
eligible for parole the Indeterminate Sentence Law
The Board of Pardons and Parole shall cause the publication
(Sec 4)
● at least one a week for three consecutive weeks in a
newspaper of general circulation of the names of persons
convicted of offenses punished with reclusion perpetua or
life imprisonment
● who are being considered or recommend for commutation or
pardon
● nothing shall limit the power of the President to grant
executive clemency under Section 19, Article VII of the
Constitutions
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 5
 
 
10630) 
Child in conflict with the law
refers to a child who is alleged as, accused of, or adjudged as having
committed an offense under Philippine laws.
The child in conflict with the law shall be credited in the services of
his/her sentence with the full time spent in actual commitment and
detention under this Act (Sec 41)
Probation as alternative to imprisonment (Sec 42)
Court may, after it shall have convicted and sentenced a child in
conflict with the law, and upon application at any time, place the child
on probation in lieu of service of his/her sentence taking into account
the best interest of the child. For this purpose, Section 4 PD 968,
otherwise known as the "Probation Law of 1976”.
Liberal Construction (Sec 3)
In case of doubt, this act including its IRRs shall be construed
liberally in favor of the child in conflict with the law.
Definition of terms (Sec 4)
Child at risk ​refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and social
circumstances, such as, but not limited to, the following:
● abused by any person through sexual, physical,
psychological, mental, economic or any other means and the
parents or guardian refuse, are unwilling, or unable to
provide protection for the child
● exploited sexually or economically
● abandoned or neglected, and after diligent search and
inquiry, the parent or guardian cannot be found
● coming from a dysfunctional or broken family or without a
parent or guardian
● out of school
 

2D SPL MIDTERMS  
● streetchild
● being a member of a gang
● living in a community with a high level of criminality or drug
abuse
● living in situations of armed conflict.
Diversion refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict with
the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal
court proceedings.
Diversion Program refers to the program that the child in conflict
with the law is required to undergo after he/she is found responsible
for an offense without resorting to formal court proceedings.
Initial Contact With the Child refers to the apprehension or taking
into custody of a child in conflict with the law by law enforcement
officers or private citizens. It includes the time when the child alleged
to be in conflict with the law receives a subpoena or summons in
cases that do not require preliminary investigation or where there is
no necessity to place the child alleged to be in conflict with the law
under immediate custody.
Juvenile Justice and Welfare System refers to a system dealing
with children at risk and children in conflict with the law, which
provides child-appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-integration and
aftercare to ensure their normal growth and development.
Intervention refers to a series of activities which are designed to
address issues that caused the child to commit an offense. It may
take the form of an individualized treatment program which may
include counseling, skills training, education, and other activities that
will enhance his/her psychological, emotional and psycho-social
well-being.
Restorative Justice refers to a principle which requires a process of
resolving conflicts with the maximum involvement of the victim, the
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 6
offender and the community. It seeks to obtain reparation for the
victim; reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she can be
reintegrated into society. It also enhances public safety by activating
the offender, the victim and the community in prevention strategies.
Status Offenses refers to offenses which discriminate only against a
child, while an adult does not suffer any penalty for committing
similar acts. These shall include curfew violations; truancy, parental
disobedience and the like.
● Any conduct not considered an offense or not penalized if
committed by an adult shall not be considered an offense
and shall not be punished if committed by a child (Sec 57)
● Persons below 18 years of age shall be exempt from (Sec
58)
○ prosecution for the crime of vagrancy and
prostitution under the Revised Penal Code
○ mendicancy under PD 1563
○ sniffing of rugby under PD 1619, such prosecution
being inconsistent with the United Nations
Convention on the Rights of the Child
○ Provided these persons shall undergo appropriate
counseling and treatment program.
Bahay Pag-asa refers to a 24-hour child-caring institution
established, funded and managed by local government units (LGUs)
and licensed and/or accredited nongovernment organizations
(NGOs) providing short-term residential care for children in conflict
with the law who are above fifteen (15) but below eighteen (18) years
of age who are awaiting court disposition of their cases or transfer to
other agencies or jurisdiction.
Rights of the Child in Conflict with the law
Fundamental rights in court proceedings:
● not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment
● not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release
 
 
 
2D SPL MIDTERMS  

● not to be deprived, unlawfully or arbitrarily, of his/her liberty; ○ where discretion is given by law to the judge to
detention or imprisonment being a disposition of last resort, determine whether to impose fine or imprisonment,
and which shall be for the shortest appropriate period of time the imposition of fine being preferred as the more
● to be treated with humanity and respect, for the inherent appropriate penalty
dignity of the person, and in a manner which takes into ● Generally, the right to automatic suspension of sentence
account the needs of a person of his/her age. ● to probation as an alternative to imprisonment, if qualified
○ a child deprived of liberty shall be separated from under the Probation Law
adult offenders at all times ● to be free from liability for perjury, concealment or
○ no child shall be detained together with adult misrepresentation
offenders. ● rights as provided for under existing laws, rules and
○ shall be conveyed separately to or from court. regulations.
○ shall await hearing of his/her own case in a separate
holding area. Other rights further adopted
○ child in conflict with the law shall have the right to ● United Nations Standard Minimum Rules for the
maintain contact with his/her family through Administration of Juvenile Justice or "Beijing Rules", United
correspondence and visits, save in exceptional Nations Guidelines for the Prevention of Juvenile
circumstances Delinquency or the "Riyadh Guidelines"
○ to prompt access to legal and other appropriate ● United Nations Rules for the Protection of Juveniles
assistance, as well as the right to challenge the Deprived of Liberty.
legality of the deprivation of his/her liberty before a
court or other competent, independent and impartial Minimum age of criminal responsibility (Sec 3 of amended law)
authority, and to a prompt decision on such action
Age Criminal Liability Civil Liability
● to bail and recognizance, in appropriate cases
● to testify as a witness in hid/her own behalf under the rule on 15 years of age or Exempt but shall Subject to civil liability
examination of a child witness under at the time of undergo intervention
● to have his/her privacy respected fully at all stages of the commission of the program
proceedings offense
● to diversion if he/she is qualified and voluntarily avails of the
same Above 15 years but Exempt but shall Subject to civil liability
below 18 years of age undergo intervention
without discernment program
Rights as to imposable punishment and its alternatives
● to be imposed a judgment in proportion to the gravity of the Above 15 years but Subject to criminal Subject to civil liability
offense where his/her best interests below 18 years of age liability but shall
○ rights of the victim and the needs of society are all with discernment undergo diversion
taken into consideration by the court program
○ under the principle of restorative justice
● to have restrictions on his/her personal liberty limited to the At least 18 years of Subject to criminal Subject to civil liability
minimum age liability
○ judge’s discretion
 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 7 

2D SPL MIDTERMS  
Determination of Age (Sec 7)
The child in conflict with the law shall enjoy the presumption of
minority until he/she is proven to be eighteen (18) years old or older.
● Documents
○ child's birth certificate
○ baptismal certificate
○ any other pertinent documents.
● In the absence of these documents, age may be based on
information
○ from the child himself/herself
○ testimonies of other persons
○ the physical appearance of the child and other
relevant evidence.
● Any person contesting the age of the child in conflict with the
law prior to the filing of the information in any appropriate
court may file a case in a summary proceeding for the
determination of age before the Family Court which shall
decide the case within 24 hours from receipt of the
appropriate pleadings of all interested parties.
● If a case has been filed against the child in conflict with the
law and is pending in the appropriate court
○ ile a motion to determine the age of the child in the
same court where the case is pending
○ pending hearing on the said motion, proceedings on
the main case shall be suspended.
● In all proceedings, law enforcement officers, prosecutors,
judges and other government officials concerned shall exert
all efforts at determining the age of the child in conflict with
the law.
Treatment of the child below age of criminal responsibility (Sec
20)
● authority which will have an initial contact with the child has
the duty to immediately release
○ to the custody of his/her parents or guardian
○ in the absence thereof, the child's nearest relative.
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 8
○ authority shall give notice to the local social welfare
and development officer who will
● authority shall give notice to the local social welfare and
development officer who will determine the appropriate
programs
○ in consultation with the child and to the person
having custody over the child
○ if the parents, guardians or nearest relatives cannot
be located, or if they refuse to take custody, the child
may be released to any of the ff:
■ a duly registered nongovernmental or
religious organization
■ barangay official
■ a member of the Barangay Council for the
Protection of Children
■ local social welfare and development officer
■ when and where appropriate, the DSWD.
● Petition for involuntary commitment under PD 603 shall be
filed by the DSWD when the child is:
○ abandoned
○ neglected
○ abused by his parents
○ parents will not comply with the prevention program
Prohibited acts
● Labeling and shaming (Sec 60)
○ in the conduct of the proceedings beginning from the
initial contact with the child, the competent
authorities must refrain from branding or labeling
children as
■ young criminals
■ juvenile delinquents
■ prostitutes
■ or attaching to them in any manner any
other derogatory names.
■ remarks and practices that do not respect
child's class or ethnic origin
● Employment of threats of whatever kind and nature
 

2D SPL MIDTERMS  
● Employment of abusive, coercive and punitive measures
such as cursing, beating, stripping, and solitary confinement
● Employment of degrading, inhuman and cruel forms of
punishment
○ having the heads
○ pouring irritating
○ corrosive or harmful substances over the body of the
child
○ forcing him/her to walk around the community
wearing signs which embarrass, humiliate, and
degrade his/her personality and dignity
● Compelling the child to perform involuntary servitude in any
and all forms under any and all instances (Sec 61)
CHILD AND YOUTH WELFARE CODE (P.D. 603) 
“Child” or “minor” or “youth” - a person below twenty-one years of
age except those emancipated in accordance with law
Liabilities Of Parents
Parents and guardians are responsible for the damage caused by
the child under their parental authority in accordance with the Civil
Code.
Criminal liability shall attach to any parent who:
(1) Conceals or abandons the child with intent to make such
child lose his civil status.
(2) Abandons the child under such circumstances as to
deprive him of the love, care and protection he needs.
(3) Sells or abandons the child to another person for
valuable consideration.
(4) Neglects the child by not giving him the education which
the family’s station in life and financial conditions permit.
(5) Fails or refuses, without justifiable grounds, to enroll the
child as required by Article 72.
(6) Causes, abates, or permits the truancy of the child from
the school where he is enrolled.
Truancy - absence without cause for more than twenty schooldays,
not necessarily consecutive. It shall be the duty of the teacher in
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 9
charge to report to the parents the absences of the child the moment
these exceed five schooldays.
(7) Improperly exploits the child by using him, directly or
indirectly, such as for purposes of begging and other acts
which are inimical to his interest and welfare.
(8) Inflicts cruel and unusual punishment upon the child or
deliberately subjects him to indignitions and other excessive
chastisement that embarrass or humiliate him.
(9) Causes or encourages the child to lead an immoral or
dissolute life.
(10) Permits the child to possess, handle or carry a deadly
weapon, regardless of its ownership.
(11) Allows or requires the child to drive without a license or
with a license which the parent knows to have been illegally
procured. If the motor vehicle driven by the child belongs to
the parent, it shall be presumed that he permitted or ordered
the child to drive.
Parents - include the guardian and the head of the institution
or foster home which has custody of the child.
Penalty: punishable with imprisonment from two or six
months / fine not exceeding five hundred pesos / or both / at
the discretion of the Court / unless a higher penalty is
provided for in the Revised Penal Code or special laws,
without prejudice to actions for the involuntary commitment
of the child
Youthful Offenders (YO)
Youthful Offender - one who is over nine years but under twenty-one
years of age at the time of the commission of the offense
*It is the duty of the law-enforcement agency concerned to take the
youthful offender, immediately after his apprehension, to the proper
medical or health officer for a thorough physical and mental
examination
Child nine years of age or under AND child over nine years and
under fifteen years of age who acted without discernment (Both
at the time of the commission of the offense)
 
 
 
2D SPL MIDTERMS  

exempt from criminal liability and shall be committed to the care of
his or her father or mother, or nearest relative or family friend in the
discretion of the court and subject to its supervision
Child over nine years and under fifteen years of age (at the time
of the commission of the offense) who acted with discernment
- proceeded against in accordance with Article 192
- If after hearing, YO is guilty:
(1) the court shall determine the imposable penalty,
including any civil liability chargeable against him
(2) instead of pronouncing judgment of conviction, the
court shall suspend all further proceedings and commit such
minor to the custody or care of the:
a. DSWD,
b. any training institution operated by the
government,
c. duly licensed agencies or
d. any other responsible person,
*until he shall have reached twenty-one years of age or, for a shorter
period as the court may deem proper after considering the reports
and recommendations of the DSWD or the agency or responsible
individual under whose care he has been committed
*subject to visitation and supervision by a representative of the
Department of Social Welfare or any duly licensed agency or such
other officer as the Court may designate
Care of Youthful Offender Held for Examination or Trial
If unable to furnish bail, YO shall be committed to the care of the:
- DSWD
- the local rehabilitation center or
- a detention home in the province or city,
which shall be responsible for his appearance in court whenever
required
YO may be released on ​recognizance ​to the custody of:
· ​his parents​ or
· ​other suitable person
who shall be responsible for his appearance whenever required by
the Court
Report on Conduct of Child
● submitted every four months or oftener as may be required
in special cases
● written report on the conduct of said youthful offender as well
as the intellectual, physical, moral, social and emotional
progress made by him
Appeal
appeal from the order of the court in the same manner as appeals in
criminal cases
Care and Maintenance of Youthful Offender
Expenses for the care and maintenance of the YO borne by:
● his parents or
● those persons liable to support him
In case his parents or those persons liable to support him cannot pay
all or part of said expenses:
If municipality:
· municipality in which the offense was committed - pays
one-third
· province to which the municipality belongs - pays one-third
· National Government – remaining 1/3
If chartered city:
· Chartered cities – pay two-thirds
· National government – 1/3

In the ​absence​ of any such center or agency: If chartered city cannot pay:
provincial, city and municipal jail shall provide quarters for YOs part of the internal revenue allotments applicable to the unpaid
separate from other detainees portion shall be withheld and applied to the settlement of said
indebtedness
Upon recommendation of DSWD or authorized agency,
 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 10 

2D SPL MIDTERMS  
Dismissal of the Case
Upon recommendation of DSWD, the court can dismiss case and
order the discharge of YO:
● If YO has behaved properly
● has shown his capability to be a useful member of the
community, even before reaching the age of majority
Return of the Youth Offender to Court
YO returned to the committing court if YO:
● has been found incorrigible
● willfully failed to comply with the conditions of his
rehabilitation programs
● should his continued stay in the training institution be
inadvisable
● when YO has reached the age of twenty-one while in
commitment, the court shall determine whether
○ to dismiss the case
○ to pronounce the judgment of conviction
*The YO shall be credited in the service of his sentence with the full
time spent in actual commitment and detention
Effect of Release of Child Based on Good Conduct
- shall not obliterate YO’s civil liability
Living Quarters for Youthful Offenders Sentence
When a judgment of conviction is pronounced AND
at the time of said pronouncement the YO is still under twenty-one:
YO shall be committed to the proper penal institution to serve the
remaining period of his sentence, PROVIDED
· Penal institutions shall provide youthful offenders with
separate quarters and,
· as far as practicable, group them according to appropriate
age levels or other criteria as will insure their speedy rehabilitation
· The Bureau of Prisons shall maintain agricultural and
forestry camps where youthful offenders may serve their sentence in
lieu of confinement in regular penitentiaries.
Records of Proceedings
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 11
Records - include those which may be in the files of the National
Bureau of Investigation and with any police department, or any other
government agency which may have been involved in the case
Where charges against YO have been ordered dropped
- all the records of the case shall be destroyed immediately
Court acquits YO,
Dismisses the case or
commits YO to an institution and subsequently releases him:
- all the records of his case shall be destroyed immediately
unless​ civil liability has also been imposed in the criminal action
- records shall be destroyed after satisfaction of such civil liability
The YO concerned shall not be held to be guilty of the ff:
● Perjury
● Concealment
● Misrepresentation
by reason of his failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made of him for any
purpose
Civil Liability of Youthful Offenders assumed by (in order of
priority – in case of death or incapacity):
1. Offender’s father
2. Mother
3. Guardian
4. Civil liability may also be voluntarily assumed by a relative
or family friend of the YO
Rehabilitation Centers
DSWD – establish regional rehabilitation centers for YO
Local govt and other non-govtal entities – contribute support for
maintenance of these facilities
Detention Homes
- shall be established by Department of Local Government and
Community Development in cities and provinces distinct and
separate from jails pending the disposition of cases of juvenile
offenders
 
 
 
2D SPL MIDTERMS  

Parents or Guardian or Any Person in the Commission of

1 agg RT max PM any
Delinquent Acts by Their Children or Wards are also liable
when:
2 mit PM med PC any
(1) Aids, causes, abets or connives with the commission by a child
2 ordinary mit = privileged (jurisprudence);
of a delinquency, or
which will lower penalty by a
(2) Does any act producing, promoting, or contributing to a child’s
degree or PM min (​correct
being or becoming a juvenile delinquent
interpretation of ISL​ -
penalty next lower to
LIABILITY:
prescribed)
- fine not exceeding five hundred pesos or
- imprisonment for a period not exceeding two years or 1 mit + 1 agg RT med PM any
- both such fine and imprisonment, at the discretion of the court
2 mit + 1 agg RT min PM any
INDETERMINATE SENTENCE LAW (R.A. 4103) 
3 mit + 1 agg RT min PM any
= regardless of the no. of
RULES for crimes punishable under RPC: mitigating (ordinary), if there
1. Determine if ISL is applicable such as when the penalty to is an aggravating, they will
be imposed is imprisonment and the case does not fall under not become privileged
Sec.2 of ISL. mitigating
2. If the ISL is applicable, fix the ISL Maximum and the ISL = ordinary mit cannot lower
Minimum. by a degree - only by period
3. The ISL Maximum shall be within the prescribed penalty
under the RPC for the offense taking into consideration all 1 min + 2 agg RT max PM any
modifying circumstances.
4. The ISL Minimum shall be within the range of the penalty 1 min + 3 agg RT max PM any
next lower to that prescribed by the RPC for the offense = agg cannot increase by
without considering the modifying circumstances. degree, only by period
5. If the ISL Maximum is lower than the ISL Minimum, do not
apply the ISL and impose instead a straight penalty. ISL should not be applied if it will result to absurdity

2 privileged mit or PC med PM any

Homicide: Reclusion Max Min
1 priv mit + 2 ordinary mit (min > max)
Temporal
(lower penalty by 2 - ​court should
degrees) impose a straight
No attending RT med PM any
penalty
1 mit RT min PM any

 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 12 
 
 
2D SPL MIDTERMS  

Concubinage: PC Min to PC Med

PC min to PC med

Prision Correccional Min 6m 1d to 20m 20d

Min 6m 1d to 2y 4m Med 20m 21d to 35m 10d

Med 2y 4m 1d to 4y 2m Max 35m 10d to 50m

= 28m 1d to 50m

Max 4y 2m 1d to 6y
Concubinage: PC Max Min
Min to PC Med
Since the penalty prescribed for concubinage is ​PC min to PC med
(unlike in homicide which is only RT), it is necessary to compute for
No attending 20m 21d to 35m AM med to AM max
the medium term of PC min to PC med.
10d (1 period lower for
PC min to PC med)
Medium term of PC min to PC med:
1. To divide PC min to PC med into 3 (to know its minimum, 1 mit 6m 1d to 20m 20d AM med to AM max
medium and maximum), subtract the lower point of PC min from
the higher point of PC med, then divide by 3. ISL does not apply when max does not exceed 1 year

x = ​PC med (high) - PC min (low)​ ​ ​is the extent of each term
so x 2 mit Med of AM min to AM med to AM max
3 (​straight penalty AM med
= ​50m - 6m​ = ​44m​ = 14 ⅔ or ​14m 20d instead​, no more (AM = 1m 1d to
3 3 max and min) 6m)

2. To determine the minimum term of PC min to PC med, add x

to the lower point of PC min (then that would be the higher point Punished by any other law
of the minimum term): Max: not exceed the maximum fixed by said law
Min: not less than the minimum term prescribed by said law
Higher point of PC min to PC med = PC min (low) + x
= 6m 1d + 14m 20d Sec. 2 - Not applicable to:
= 20m 20d 1. Punished with death penalty or life-imprisonment;
2. Convicted of treason, conspiracy, or proposal to commit
PC min to PC med (min) = 6m 1d to 20m 20d treason;
3. For the medium term of PC min to PC med, add x to the 3. Convicted of misprision of treason, rebellion, sedition or
higher point of the minimum term. Do the same for the espionage;
maximum. 4. Convicted of piracy;
5. Habitual delinquents;

 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 13 

2D SPL MIDTERMS  
6. Escaped from confinement or evaded sentence;
7. Violated the terms of conditional pardon granted by the Chief
Executive;
8. Maximum term of imprisonment does not exceed one year;
9. Already sentenced by final judgment at the approval of this
act;
Board of Pardons and Parole/ Board of Indeterminate Sentence
● Look into the physical, mental, and moral record of prisoners
who shall be eligible to parole
● Determine the proper time of release of such prisoners
● In its discretion, authorize the release of a prisoner on
parole:
○ Prisoner has served the minimum penalty imposed;
○ Appears from the records and investigation that:
■ Prisoner is fitted by his training for release
■ Reasonable probability that he will live and
remain at liberty without violating the law
■ Release will not be incompatible with the
welfare of society
● Sec. 7 - File with the court which passed judgment on the
case, and with the Chief of Constabulary, a certified copy of
each order of condition or final release and discharge
Prisoners released on parole
Report personally to the Board or other parole officers at times
required by the conditions of parole
Limits of residence of paroled prisoner
May be fixed and changed from time to time by the Board in its
discretion
If during period of surveillance, paroled prisoner shall show
himself to be a law-abiding citizen and shall not violate any law
Board may issue a final certificate of release which entitles him to
final release and discharge
Prisoner released on parole violates any of the conditions of his
parole during the period of surveillance
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 14
● Board may order for his re-arrest
○ May be served in any part of the Phils
○ By any police officer
● Re-arrested prisoner shall serve the remaining unexpired
portion of the maximum sentence for which he was originally
committed to prison
○ Unless the Board in its discretion shall grant a new
parole
PROBATION LAW (P.D. 968; P.D. 1257) 
Probation
It is a disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the court and
to the supervision of a probation officer. (sec. 3(a))
Probationer
A person placed on probation
Probation Officer
One who investigates for the court a referral for probation or
supervises a probationer or both.
Purpose of probation
1. To promote correction and rehabilitation of an offender by
providing him with individualized treatment;
2. To provide an opportunity for the reformation of a penitent
offender which might be less probable if he were to serve a
prison sentence; and
3. To prevent the commission of offenses. (Sec.2)
Grant of Probation (Sec. 4)
Court may, after it shall have convicted and sentenced a defendant
and upon application at any time of said defendant
1. Suspend the execution of said sentence; and
2. Place the defendant on probation for such period and upon
such terms and conditions as it may deem best.
 

2D SPL MIDTERMS  
Probation may be granted even if the sentence is fine only but with
subsidiary imprisonment in case of insolvency.
An application for probation shall be filed with the trial court, with
notice to the appellate court if an appeal has been taken from the
sentence of conviction.
Effect of filing of an application for probation and its Grant or
Denial
The filing of the application shall be deemed:
1. A waiver of the right to appeal; or
2. The automatic withdrawal of a pending appeal
3. Order granting or denying probation shall not be appealable
4. Accessory penalties are deemed suspended once probation
is granted
5. Waiver of the right to appeal the criminal liability DOES NOT
affect the right the right to appeal the Civil liability ex delicto
(Each liability is independent of each other)
By perfecting an appeal, petitioner ipso facto relinquished the
alternative remedy of availing the Probation Law (Francisco v. CA,
G.R. No. 108747)
Exception to the Rule, Colinares Doctrine; Erroneous
Convictions
Even if the accused has perfected his appeal, he may still apply for
probation, if on appeal, the court finds that he was convicted of the
wrong offense in the first instance. (First penalty imposed was not a
probationable penalty, but on appeal a new penalty was imposed
which is cognizable by the Probation Law)
Process of Applying for probation
1. Application
2. Investigation by the probation officer and a determination by
the court that the ends of justice and the best interest of the
public as well as that of the defendant will be served thereby.
(Sec. 5)
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 15
● Pending resolution of the petition, the defendant may
be allowed on temporary liberty under his bail filed in
the criminal case/release on recognizance
3. A probation order shall take effect upon its issuance
4. At any time during probation, the court may issue a warrant
for the arrest of a probationer for serious violation of any of
the conditions of probation.
● The probationer, once arrested and detained, shall
immediately be brought before the court for a
hearing, which may be informal and summary, of the
violation charged. If the violation is established, the
court may revoke or continue his probation and
modify the conditions thereof. If revoked, the court
shall order the probationer to serve the sentence
originally imposed.
5. After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court
may order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his probation
and thereupon the case is deemed terminated.
● The final discharge of the probationer shall operate
to restore to him all civil rights lost or suspend as a
result of his conviction and to fully discharge his
liability for any fine imposed as to the offense for
which probation was granted.
Investigation Report (Sec. 7)
Probation officer shall submit to the court the investigation report on
a defendant not later than 60 days from receipt of the order of said
court to conduct the investigation.
Court shall resolve the petition for probation not later than 15 days
after receipt of said report.
Grounds for denial of application
1. Offender is in need of Correctional treatment that can be
provided most effectively by his commitment to an institution.
2. Undue risk that during the period of probation, the offender
will commit another crime.
 

2D SPL MIDTERMS  
3. Probation will depreciate the seriousness of the offense
committed.
Disqualified Offenders
1. Sentenced to serve a maximum term of imprisonment of
more than six years;
2. Convicted of any offense against the National Security of the
State;
3. Those who have previously been convicted by final judgment
of an offense punished by imprisonment of more than 6m 1d
and/or a fine of more than P1,000.
4. Those who have been once on probation
5. Those who are already serving sentence at the time the
probation law became applicable
6. Those who have perfected an appeal
7. Convicted of Drug trafficking or drug pushing
8. Convicted of Election Offenses under the Omnibus Election
Code
9. Placing offender on probation will not serve the end of justice
(Sec. 8)
10. Malicious reporting of money laundering transaction
11. Those guilty of the crime of torture
Conditions of Probation
1. Mandatory
● Present himself to the probation officer designated to
undertake his supervision at such place as may be
specified in the order within seventy-two (72) hours
from receipt of said order;
● Report to the probation officer at least once a month
at such time and place as specified by said officer.
2. Discretionary
They are the additional conditions which the courts may
impose on the probationer. It is allowed as long as the
probationer’s constitutional rights are not jeopardized.
● Cooperate with a program of supervision;
● Meet his family responsibilities;
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 16
● Devote himself to a specific employment and not to
change said employment without the prior written
approval of the probation officer;
● Undergo medical, psychological or psychiatric
examination and treatment and enter and remain in
a specified institution, when required for that
purpose;
● Pursue a prescribed secular study or vocational
training;
● Attend or reside in a facility established for
instruction, recreation or residence of persons on
probation;
● Refrain from visiting houses of ill-repute;
● Abstain from drinking intoxicating beverages to
excess;
● Permit to probation officer or an authorized social
worker to visit his home and place or work;
● Reside at premises approved by it and not to change
his residence without its prior written approval; or
● Satisfy any other condition related to the
rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience.
Modification
During probation, the court may, upon application of either the
probationer or the probation officer, revise or modify the conditions or
period of probation. Court shall notify parties so as to give them an
opportunity to be heard thereon. The court shall inform in writing the
probation officer and the probationer of any change in the period or
conditions of probation.
Period of Probation
Period of Imprisonment Period of Probation
Not more than 1 year Not exceeding 2 years
1 year to 6 years Not exceeding six years
 
 
 
2D SPL MIDTERMS  

1. If the principal penalty imposed be ​prision correccional or

Fine with subsidiary Twice the period
arresto and fine, he shall ​remain under confinement until his fine
imprisonment
referred in the preceding paragraph is satisfied, but his subsidiary
imprisonment shall n​ot exceed one-third of the term of the
Notes: sentence​, and in ​no case shall it ​continue for more than one year,
- Probation is a privilege, not a right and no fraction or part of a day shall be counted against the prisoner.
- Probation suspends sentence including the accessory 2. When the principal penalty imposed be ​only a fine​, the subsidiary
penalties. imprisonment shall ​not exceed six months​, if the culprit shall have
been prosecuted for a ​grave or less grave felony​, and shall ​not
exceed fifteen days​, if for a ​light felony​.
Probation Parole (ISL)
3. When the principal penalty imposed is ​higher than prision
Sentence Must not be more than Must be more than 1 year correccional​, ​no subsidiary imprisonment shall be imposed upon
6 years the culprit.
4. If the principal penalty imposed is ​not to be executed by
Penalty Imprisonment or Fine Imprisonment only confinement in a penal institution​, but such penalty is of fixed
duration, the convict, during the period of time established in the
Disposition Sentence is suspended Imprisonment for at least the preceding rules, shall continue to suffer the ​same deprivations as
minimum those of which the ​principal penalty consists​.
5. The subsidiary personal liability which the convict may have
Effect of Entire sentence is to be Unexpired portion shall be
suffered by reason of his insolvency shall ​not relieve him from the
Violation of served served
Condition fine in case his financial circumstances should improve​.

Appeal Forecloses Probation No effect SUMMARY:

- Law applies if the convict has no property with which to meet
Availability Only Once Anytime as long as offender imposed fine, he shall be subject to a subsidiary personal
is not disqualified liability.
- Rate: 1 day = minimum wage (highest prevailing in the
Character Grant of Privilege; must Mandatory; application not PH at the time of the rendition of judgment of
be applied for necessary
conviction)
- Subsidiary personal liability which the convict may have
suffered by reason of insolvency shall not relieve him from
SUBSIDIARY PENALTY (R.A. 10159) 
the fine in case his financial circumstances should improve.
Subsidiary Penalty (Sec. 1)
-If the convict has no property with which to meet the fine, he shall
be subject to a subsidiary personal liability at the rate of ​one day for
each amount equivalent to the highest minimum wage rate
prevailing in the Philippines at the time of the rendition of judgment
of conviction by the trial court.

 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 17 
 
 
2D SPL MIDTERMS  

undergone preventive imprisonment only will be credited (in

writing and with counsel)
Principal Penalty Subsidiary Penalty
● Credit for preventive imprisonment for the ​penalty of RP
Higher than Prision Correccional No Subsidiary Penalty shall ​be deducted from 30 yrs
● Whenever an accused has undergone ​preventive
Prision Correccional / Arresto and Shall not exceed 1/3 of the term, imprisonment for a period equal to the possible
fine maximum of 1 year maximum imprisonment of the offense charged to which
he may be sentenced and his ​case is not yet terminated​,
Fine only Grave or Less Grave Felony​ - he shall be ​released immediately without prejudice to the
Max 6 months continuation of the trial thereof or the proceeding on
Light Felony​ - Max 15 days appeal​, if the same is under review.
● Computation of preventive imprisonment for purposes of
Fixed duration, but no confinement Penalty is continuance of principal
in prison (Ex. Destierro) penalty immediate release – ​actual period of detention + good
conduct time allowance ​PROVIDED HOWEVER,
- if accused is absent at any stage of trial, court can
PREVENTIVE IMPRISONMENT (R.A. 10592)  motu proprio order the rearrest
- Recidivists, habitual delinquents, escapees and
Art. 29 – Period of preventive imprisonment deducted term of persons charged with heinous crimes are excluded
imprisonment from the coverage of this act
● Offenders or accused who have undergone preventive - If maximum penalty is destierro, he shall be released
imprisonment shall be credited in the service of their after 30 days of preventive imprisonment.
sentence consisting of deprivation of liberty, with the full time
during which they have undergone preventive imprisonment Partial extinction of criminal liability (Art. 94)
if Criminal liability is extinguished partially by:
● Detention prisoner agrees ​voluntarily in writing after being 1. Conditional pardon
informed of the effects thereof and with the ​assistance of 2. Commutation of the sentence
counsel 3. For good conduct allowances which the culprit may earn
● To abide by the same disciplinary rules imposed upon while he is undergoing preventive imprisonment or serving
convicted prisoners his sentence
(XPN)
1. Recidivist or convicted twice or more time previously of any
crime GOOD CONDUCT TIME ALLOWANCE AND OTHER 
2. When upon being summoned for the execution of their ALLOWANCES (R.A. 10592) 
sentence they have failed to surrender voluntarily ● The good conduct of any offender qualified for credit for
preventive imprisonment pursuant to Art. 29 of this Code, or
● If the detention prisoner ​does not agree to abide by the of any convicted prisoner in any penal institution,
same disciplinary rules imposed upon convicted prisoners rehabilitation, or detention center or any other local jail shall
-> ​FOUR-FIFTHS (4/5) of the time during which he has entitle him to the following deductions from the period of his
sentence:
 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 18 
 
 
2D SPL MIDTERMS  

2. Chief of the Bureau of Jail Management and Penology

Deductions for good conduct:
First 2 years of imprisonment
3rd - 5th year
6th - 10th year
11th - Successive years
3. Warden of provincial, district, municipal or city jail
20 days / month
Such allowances once granted ​shall not revoked
23 days / month
Penal Clause
25 days / month 1 year imprisonment, 100k fine, AND perpetual disqualification to
hold office shall be imposed against any public officer or employee
30 days / month who violates the provisions of this Act

● At any time during the period of imprisonment = another 15
days in addition to numbers 1 – 4 hereof, for each month of:
a. Study
b. Teaching or
c. Mentoring
● An appeal by the accused shall not deprive him of
entitlement to the above allowances for good conduct
Special time allowance for loyalty (Art. 98)
● Deduction of ​ONE FIFTH (1/5​) of his sentence – prisoner
who, having ​evaded his preventive imprisonment or the
service of his sentence under the circumstance
mentioned in Art. 158 of RPC, gives himself up to the
authorities within 48 hours ​following the issuance of a
proclamation announcing the passing away of the calamity
or catastrophe referred to in said article
● Deduction of ​TWO-FIFTHS (2/5) ​– prisoner who ​chose to
stay in the place of his confinement, notwithstanding the
existence of a calamity or catastrophe enumerated in Art.
158 of RPC
● This article shall apply to any prisoner whether ​undergoing
preventive imprisonment​ or ​serving sentence
● Art. 158 - “​on the occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar catastrophe,
or during a mutiny in which he has not participated”
Who Grants Time Allowances
1. Director of the Bureau of Corrections
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 19
OBSTRUCTION OF JUSTICE (P.D. 1829) 
Obstruction of Justice (Sec. 1)
any person who knowingly or willfully obstructs, impedes, frustrates
or delays the ​apprehension of suspects and the ​investigation and
prosecution of criminal cases
Committed through:
a. preventing witnesses ​from testifying in any criminal
proceeding or from reporting the commission of any offense
or the identity of any offender/s by means of ​bribery,
misrepresentation, deceit, intimidation, force or threats​;
b. altering, destroying, suppressing or concealing any
paper, record, document, or object, with i​ntent to impair its
verity, authenticity, legibility, availability, or admissibility as
evidence in any investigation of or official proceedings in,
criminal cases, or to be used in the investigation of, or official
proceedings in, criminal cases;
c. harboring or concealing, or facilitating the escape of, any
person he knows, or has reasonable ground to believe or
suspect, has committed any offense under existing penal
laws in order to prevent his arrest prosecution and
conviction;
d. publicly using a fictitious name for the purpose of
concealing a crime​, evading prosecution or the execution
of a judgment, or concealing his true name and other
personal circumstances for the same purpose or purposes;
e. delaying the prosecution of criminal cases by
obstructing the service of process or court orders or
 
 
 
2D SPL MIDTERMS  

disturbing proceedings in the fiscal's offices, in Tanodbayan, Obstruction v. Accessory

or in the courts;
Obstruction of Justice Accessory (Arts. 19 and 20
f. making, presenting or using any record, document,
RPC)
paper or object with knowledge of its falsity and with
intent to affect the course or outcome of the investigation of,
Separate Crime Part of Original Crime
or official proceedings in, criminal cases;
g. soliciting, accepting, or agreeing to accept any ​benefit in Punished as Principa As Accessory (If accessory is a:
consideration of ​abstaining from, ​discounting​, or ​impeding (benefits of Art. 20 RPC are not 1. Spouse
the ​prosecution​ of a criminal offender; available in Obstruction of 2. Ascendant,
h. threatening directly or indirectl​y another with the Justice Act)l 3. Descendant,
infliction of any wrong upon his p​erson, honor or property 4. Legitimate/adopted/nat
or that of any immediate member or ​members of his family ural sibling or relative
in order to prevent such person from appearing in the by affinity within the
investigation of, or official proceedings in, criminal cases, or same degree
imposing a condition, whether lawful or unlawful, in order to of the principal = exempt from
prevent a person from appearing in the investigation of or in criminal liability)
official proceedings in, criminal cases;
i. giving of false or fabricated information to mislead or Prohibited Mentioned in Harboring, Concealing, or
prevent the law enforcement agencies from apprehending Apprehension, Investigation, Assisting in the Escape of the
the offender or from protecting the life or property of the and Prosecution of a Crime Principal Crime
victim; or fabricating information from the data gathered in
confidence by investigating authorities for purposes of Punishes both public (w/ addtl Punishes Public Officials who
background information and not for publication and penalty) and private individuals abused public functions and
publishing or disseminating the same to mislead the Private Persons only in
investigator or to the court. connection to treason, attempt
in the life of the president,
If any of the acts mentioned herein is penalized by any other murder, parricide, or to a
law with a higher penalty, the higher penalty shall be principal known to be habitually
imposed. guilty of some other crime.

Additional Penalty for Public Official/Employee

Perpetual disqualification from holding office

Penalty
Prision Correccional (max) or Fine 1k-6k, or both

 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 20 
 
 
2D SPL MIDTERMS  

Start of Prescription (Sec. 2)

Prescription (Act No. 3326) 
Prescription Table
2 Months For violations penalized by Municipal
Ordinances
1 Year Offenses Punishable by a Fine or by
Imprisonment for NOT MORE than 1 month
or both
4 Years Punishable by Imprisonment for MORE than
1 month but LESS than 2 years
8 Years Punishable by imprisonment for 2 years OR
MORE but LESS than 6 years
12 years For any other offense punishable by
imprisonment of 6 years OR MORE
*except the crime of Treason, which shall
prescribe after 20 Years
*Violations of BIR Laws – 5 years​.
Prescription begins from:
1. The day of the commission of the crime.
2. If unknown, from the discovery thereof and the institution of
judicial proceedings for its investigation and punishment.
Interruption of Prescription (Sec. 2)
It shall be interrupted when proceedings are instituted against the
guilty party, and ​shall begin to run again if the proceedings are
dismissed for reasons not constituting jeopardy.
Steps to determine whether or not this law will apply
1. Determine if the law violated is a Special Penal Law or not.
2. If it is a SPL, apply this law based on the maximum
imposable penalty UNLESS specifically provided in the law.
3. If not, then apply Article 90 and 91 of the Revised Penal
Code.
Art. 90. Prescription of crime. —​ Crimes punishable by death, reclusion
perpetua or reclusion temporal shall prescribe in twenty years
Crimes punishable by other afflictive penalties shall prescribe in fifteen
years.
Those punishable by a correctional penalty shall prescribe in ten years; with
the exception of those punishable by arresto mayor, which shall prescribe in
five years.
The crime of libel or other similar offenses shall prescribe in one year.

Prescription where offenders are not in the Philippines
The running of the prescription of an offense punished by a special
law is not tolled by the absence of the offender from Philippine Soil.
Sec. 2 of Act. No. 3326 is ​conspicuously silent as to whether
absence of the offender from the Philippines bars the running of
the prescriptive period. The silence of the law can only be
interpreted to mean that Sec. 2 did not intend such a interruption of
prescription unlike the explicit mandate of Art. 91 (​Romualdez v.
Marcelo​, G.R. No. 165510-33)
The crime of oral defamation and slander by deed shall prescribe in six
months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the highest penalty shall
be made the basis of the application of the rules contained in the first,
second and third paragraphs of this article. (As amended by RA 4661,
approved June 19, 1966).

 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 21 
 
 
2D SPL MIDTERMS  

Art. 91. Computation of prescription of offenses. — The period of

prescription shall commence to run from the day on which the crime is
discovered by the offended party, the authorities, or their agents, and shall
be interrupted by the filing of the complaint or information, and shall
commence to run again when such proceedings terminate without the
accused being convicted or acquitted, or are unjustifiably stopped for any
reason not imputable to him.

The term of prescription shall not run when the offender is absent from the
Philippine Archipelago.

 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 22 
 
 
2D SPL MIDTERMS  

HUMANITARIAN AND HUMAN RIGHTS LAW 

6. Being tied or forced to assume fixed and stressful bodily
position;
ANTI-TORTURE (R.A. 9745) 
7. Rape and sexual abuse, including the insertion of foreign
Definition of Torture (Sec. 3) objects into the sex organ or rectum, or electrical torture of
Act by which: the genitals;
● Severe pain or suffering whether physical or mental is 8. Mutilation or amputation of the essential parts of the body
INTENTIONALLY inflicted on a person; and such as the genitalia, ear, tongue, etc.;
9. Dental torture or the forced extraction of the teeth;
● When such pain or suffering is inflicted by or at the
10. Pulling out of fingernails;
instigation of or with the consent or acquiescence of a 11. Harmful exposure to the elements such as sunlight and
person in authority for such purposes as: extreme cold;
○ Obtaining from him or a third person, information or 12. The use of plastic bag and other materials placed over the
confession head to the point of asphyxiation;
○ Punishing for an act committed or is suspected of 13. The use of psychoactive drugs to change the perception,
committing memory. alertness or will of a person, such as:
○ Discrimination-based a. The administration or drugs to induce confession and/or
reduce mental competency; or
b. The use of drugs to induce extreme pain or certain
Acts of Torture (Sec. 4)
symptoms of a disease; and
Physical torture is a form of treatment or punishment inflicted by a
14. Other analogous acts of physical torture; and
person in authority or agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion, disability or
"Mental/Psychological Torture" refers to acts committed by a
dysfunction of one or more parts of the body, such as:
person in authority or agent of a person in authority which are
calculated to affect or confuse the mind and/or undermine a person's
1. Systematic beating, headbanging, punching, kicking, striking
dignity and morale, such as:
with truncheon or rifle butt or other similar objects, and
jumping on the stomach;
1. Blindfolding;
2. Food deprivation or forcible feeding with spoiled food, animal
2. Threatening a person(s) or his/fher relative(s) with bodily
or human excreta and other stuff or substances not normally
harm, execution or other wrongful acts;
eaten;
3. Confinement in solitary cells or secret detention places;
3. Electric shock;
4. Prolonged interrogation;
4. Cigarette burning; burning by electrically heated rods, hot oil,
5. Preparing a prisoner for a "show trial", public display or
acid; by the rubbing of pepper or other chemical substances
public humiliation of a detainee or prisoner;
on mucous membranes, or acids or spices directly on the
6. Causing unscheduled transfer of a person deprived of liberty
wound(s);
from one place to another, creating the belief that he/she
5. The submersion of the head in water or water polluted with
shall be summarily executed;
excrement, urine, vomit and/or blood until the brink of
7. Maltreating a member/s of a person's family;
suffocation;

 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 23 

2D SPL MIDTERMS  
8. Causing the torture sessions to be witnessed by the person's
family, relatives or any third party;
9. Denial of sleep/rest;
10. Shame infliction such as stripping the person naked,
parading him/her in public places, shaving the victim's head
or putting marks on his/her body against his/her will;
11. Deliberately prohibiting the victim to communicate with any
member of his/her family; and
12. Other analogous acts of mental/psychological torture.
Other Cruel, Inhuman and Degrading Treatment or Punishment
(Sec. 5)
● Those not included in sec. 4.
● Attains a level of severity sufficient to cause suffering, gross
humiliation or debasement
● Depend on all the circumstances of the case, including the
duration of the treatment or punishment, its physical and
mental effects and, in some cases, the sex, religion, age and
state of health of the victim.
● Example: Making the victim play with his penis which is
against his religion
Prohibited Detention (Sec. 7)
Secret detention places, solitary confinement, incommunicado or
other similar forms of detention, where torture may be carried out
with impunity are hereby prohibited.
Applicability of the Exclusionary Rule; Exception​ ​(Sec. 8)
Any confession, admission or statement obtained as a result of
torture shall be inadmissible in evidence in any proceedings,
● EXCEPT if the same is used as evidence against a person
or persons accused of committing torture.
Persons Liable (Sec. 13)
Principals
1. ANY person who:
a. Actually participated OR
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 24
b. Induced another OR
c. Cooperated
2. ANY superior military, police or law enforcement officer or senior
government official who issued an order
3. Immediate commanding officer of the unit concerned of the AFP or
the immediate senior public official of the PNP and other law
enforcement agencies through:
a. Act or omission or negligence that led or abetted the
torture
b. Acquiescence → silence/did not take any measure
even though with knowledge of torture
Accessories
ANY public officer or employee → takes part ​subsequent to its
commission in any of the following manner provided done with
ABUSE of official’s public functions:
a. Profiting or assisting offender to profit
b. Concealing acts and/or destroying effects or
instruments
c. Harboring, concealing or assisting escape
Penalties (Sec. 14)
RP - Torture with:
a. Death
b. Mutilation
c. Rape
d. Sexual Abuse resulting to imbecility, insanity, impotence,
blindness or maimed for life
e. Against children
Torture as a Separate and Independent Crime (Sec. 15)
● Torture shall NOT absorb or shall be absorbed by any other
crime.
● Treated as separate and independent criminal act without
prejudice to other criminal liabilities provided by domestic
and int’l laws
 
 
 
2D SPL MIDTERMS  

Exclusion from the Coverage of Special Amnesty Law​ ​(Sec. 16) Order of Battle
Not benefit from any special amnesty law or similar measures that ● A document made by the military, police or any law enforcement
will have the effect of exempting them from any criminal proceedings agency of the government, listing the names of persons and
and sanctions. organizations that it perceives to be enemies of the State. (Sec. 3)
● Cannot be invoked as a justifying or exempting circumstance. Any
Applicability of the Revised Penal Code (Section 22) person receiving such an order shall have the right to disobey it.
● RPC is Suppletory (Sec. 5)
● If the commission of any crime punishable under Title Eight
(Crimes Against Persons) and Title Nine (Crimes Against Nonderogability of the Right Against Enforced or Involuntary
Personal Liberty and Security) of the Revised Penal Code is Disappearance
attended by crimes under this Act, the penalty to be imposed The right against enforced or involuntary disappearance ​shall not be
shall be in its ​maximum period. suspended ​under any circumstance including political instability,
threat of war, state of war or other public emergencies. (Sec. 4)
Anti-Enforced or Involuntary Disappearance Act (RA 
10353)  Official Up-to-Date Register of All Persons Detained or Confined
All persons detained or confined shall be placed ​solely in officially
recognized and controlled places of detention or confinement
Enforced or Involuntary Disappearance​ refers to the: (Sec. 3)
where an official up-to-date register of such persons shall be
1. Arrest, detention, abduction or any other form of deprivation
maintained. (Sec 10) ​(If they are placed in a detention center that is
of liberty
NOT officially recognized, this law is violated.)
2. Committed by agents of the State or by persons or groups of
persons acting with the authorization, support or
The following details, among others, shall be recorded, in the
acquiescence​ of the State,
register:​ (Sec. 10)
3. Followed by a ​refusal to acknowledge ​the deprivation of
1. The identity or name, description and address of the person
liberty or by concealment of the fate or whereabouts of the
deprived of liberty;
disappeared person,
2. The date, time and location where the person was deprived of
4. Which, places such person ​outside the protection​ of the law.
liberty and the identity of the person who made such deprivation;
3. The ​authority who decided the deprivation of liberty ​and the
Agents of the State
reasons for the deprivation of liberty or the crime or offense
Persons who, by direct provision of the law, popular election or
committed; ​(check questions, not sure if sir was talking about #3
appointment by competent authority, shall take part in the
or #4)
performance of public functions in the government, or shall perform
in the government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class. (Sec. 3)

 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 25 

2D SPL MIDTERMS  
4. The ​authority controlling the deprivation of liberty; The place
date and time of admission to the detention facility and the
authority responsible;
5. Records of physical, mental and psychological condition of the
detained or confined person before and after the deprivation and
the name and address of the physician who examined him or her
physically, mentally and medically;
6. The date and time of release or transfer of the detained or
confined person to another place of detention;
7. The date and time of each removal of the detainee from his or her
cell, the reason or purpose for such removal and the date and
time of his or her return to his or her cell;
8. A summary of the physical, mental and medical findings of the
detained or confined person after each interrogation;
9. The names and addresses of the persons who visit the detainee
and the date and time of such visits;
10. In the event of death during the deprivation of liberty, the identity,
the circumstances and cause of death of the victim as well as the
destination of the human remains; and
11. All other important events bearing on and all relevant details
regarding the treatment of the detained or confined person.
Provided, t​ hat the details required in the ​first six shall be entered
immediately in the register upon arrest and/or detention. ​(check
questions)
Officially Recognized Government Detention Facilities
All government agencies concerned ​shall submit an updated
inventory or ​list ​of all ​officially recognized and controlled detention or
confinement facilities, ​and the list of detainees or persons deprived
of liberty under their respective jurisdictions to the CHR. (Sec. 11)
(Atty. Chua said that this law mandates the Government to submit a
list of official detention facilities.)
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 26
Liability of Commanding Officer or Superior​ (Sec 14)
● The ​immediate commanding officer ​of the unit concerned of the
AFP or the ​immediate senior official of the PNP and other law
enforcement agencies ​shall be held liable as a principal ​to the
crime of enforced or involuntary disappearance for acts
committed by him or her that shall have led, assisted, abetted or
allowed, ​whether directly or indirectly​, the commission thereof
by his or her subordinates.
● If such commanding officer ​has knowledge of or should have
known that an enforced or involuntary disappearance is being
committed, or has been committed by subordinates or by others
within the officer’s area of responsibility and, despite such
knowledge, did not take preventive or coercive action either
before, during or immediately after its commission, when he or
she has the authority to prevent or investigate allegations of
enforced or involuntary disappearance but failed to prevent or
investigate such allegations, ​whether deliberately or due to
negligence,​ shall also be held liable as principal.
Acts Punished by Reclusion Perpetua​ (Sec. 15)
1. Those who directly committed the act of enforced or involuntary
disappearance;
2. Those who directly forced, instigated, encouraged or induced
others to commit the act of enforced or involuntary
disappearance;
3. Those who cooperated in the act of enforced or involuntary
disappearance by committing another act without which the act of
enforced or involuntary disappearance would not have been
consummated;
4. Those officials who allowed the act or abetted in the
consummation of enforced or involuntary disappearance when it
is within their power to stop or uncover the commission thereof;
5. Those who cooperated in the execution of the act of enforced or
involuntary disappearance by previous or simultaneous acts.
 

2D SPL MIDTERMS  
Acts Punished by Reclusion Temporal​ (Sec. 15)
1. Those who shall commit the act of enforced or involuntary
disappearance in the attempted stage as provided for and defined
under Article 6 of the Revised Penal Code.
2. Those persons who, having knowledge of the act of enforced or
involuntary disappearance and without having participated
therein, either as principals or accomplices, took part subsequent
to its commission in any of the following manner:
a. By themselves profiting from or assisting the offender to
profit from the effects of the act of enforced or involuntary
disappearance;
b. By concealing the act of enforced or involuntary
disappearance and/or destroying the effects or instruments
thereof in order to prevent its discovery; or
c. By harboring, concealing or assisting in the escape of the
principal/s in the act of enforced or involuntary
disappearance, provided such accessory acts are done
with the abuse of official functions.
Acts Punished by Prision Correccional​ (Sec. 15)
Those who ​defy, ignore or unduly delay compliance with any order
duly issued or promulgated pursuant to the writs of ​habeas corpus,
amparo ​and ​habeas data ​or their respective proceedings.
Nonexclusivity or Double Jeopardy Under International Law
(Sec 19)
Any investigation, trial and decision (ITD) in any Philippine court shall
be without prejudice to any ITD before any appropriate international
court under applicable international human rights and humanitarian
law.
Violation of this law is a Continuing Offense​ (Sec 21)
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 27
As long as the perpetrators continue to conceal the fate and
whereabouts of the disappeared person and such circumstances
have not been determined with certainty.
Imprescriptibility of the Prosecution of Persons Liable under
this Act ​ ​GR: Prosecution shall not prescribe.
EXP: When the victim surfaces alive, the prescriptive period shall be
25 years from the date of such reappearance. (Sec. 22)
Refouler Rule is Applicable ​ (Sec 25)
If there is a strong possibility that an extraditee will be subjected to
enforced or involuntary disappearance, then the government shall
not send him to the requesting State. The secretaries of the DOJ and
DFA shall take into account the circumstances to ascertain the
possibility.
Rights of the Victims under this Act:
1. They have the right to ​monetary compensation, rehabilitation
and restitution of honor and reputation. (Sec. 26)
2. The immediate relatives of a victim within the 4th civil degree
of consanguinity or affinity, may also claim for compensation.
(Sec. 26)
3. Victims who have surfaced alive and/or their immediate
relatives may be effectively reintegrated into the mainstream
of society and in the process of development, the State,
through the CHR, DOH and DSWD shall provide them with
appropriate medical care and rehabilitation free of charge.
(Sec. 27)
Questions asked by Atty. Chua during class (Sept 28, 2018)
1. Why is there a need for the ​first 6 to be recorded
SIMULTANEOUSLY in the moment of detention?
Answer: To prevent the “hiding” of the detainees. For
example, if the records were NOT updated, the person
 

2D SPL MIDTERMS  
detaining the individual could just claim NOT to know of the
whereabouts of the detainee. And afterwards, they can just
update the records, thereby circumventing the law. Where after
an interested individual, like a relative, asks the authorities if
such detainee was in a detention facility, updating the record
can expedite the process of locating the individual.
2. Is there such a thing as COMMAND RESPONSIBILITY in this
law?
Answer: ​YES. Section 14 of this Act demonstrates the liability
of a commanding or superior officer. They shall be held
principally liable in the following circumstances:
1. If he committed, assisted, abetted or allowed, ​whether
directly or indirectly​, the commission of the offense by
his or her subordinates.
2. If such commanding officer ​has knowledge ​of or ​should
have known ​that an offense is being committed, or has
been committed by subordinates
3. If the commanding officer has the ​authority to prevent
or investigate allegations ​of an offense but failed to
prevent or investigate such allegations, ​whether
deliberately or due to negligence​.
3. T/F: The superior officer will only be liable IF he committed an
act contrary to this law/ had the knowledge?
Answer: ​FALSE. Even through negligence, the commanding officer
may be held principally liable.
4. What does “​authority who decided the deprivation of liberty”
mean in Section 10 of this Act?
Answer: ​This means that there must be an order, like a valid warrant
of arrest, or if there is no warrant of arrest, then the warrantless
arrest must be valid.
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 28
Crimes against International Humanitarian Law (RA 9851) 
A. War Crimes
During Armed Conflict
● Willful killing
● Torture or inhuman treatment, including biological
experiments
● Willfully causing great suffering, or serious injury to body or
health
● Extensive destruction and appropriation of property not
justified by military necessity and carried out unlawfully and
wantonly
● Willfully depriving a prisoner of war or other protected person
of the rights of fair and regular trial; · Arbitrary deportation or
forcible transfer of population or unlawful confinement
● Taking of hostages
● Compelling a prisoner a prisoner of war or other protected
person to serve in the forces of a hostile power
● Unjustifiable delay in the repatriation of prisoners of war or
other protected persons.
During Non-International Armed Conflict
● Violence to life and person, in particular, willful killings,
mutilation, cruel treatment and torture
● Committing outrages upon personal dignity, in particular,
humiliating and degrading treatment
● Taking of hostages
● Passing of sentences and the carrying out of executions
without previous judgment pronounced by a regularly
constituted court, affording all judicial guarantees which are
generally recognized as indispensable.
B. Genocide
● Killing members of the group
● Causing serious bodily or mental harm to members of the
group
 

2D SPL MIDTERMS  
● Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or
in part
● Imposing measures intended to prevent births within the
group
● Forcibly transferring children of the group to another group.
NOTE: It is unlawful for any person to directly and publicly incite
others to commit genocide.
C. Other Crimes Against Humanity
● Willful killing
● Extermination
● Enslavement
● Arbitrary deportation or forcible transfer of population
● Imprisonment or other severe deprivation of physical liberty
in violation of fundamental rules of international law
● Torture
● Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of sexual
violence of comparable gravity
● Persecution against any identifiable group or collectivity on
political, racial, national, ethnic, cultural, religious, gender,
sexual orientation or other grounds that are universally
recognized as impermissible under international law, in
connection with any act referred to in this paragraph or any
crime defined in this Act
● Enforced or involuntary disappearance of persons
● Apartheid
● Other inhumane acts of a similar character intentionally
causing great suffering, or serious injury to body or to mental
or physical health.
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 29
D. Individual Criminal Responsibilities
Principal
● Commits such a crime, whether as an individual, jointly with
another or through another person, regardless of whether
that other person is criminally responsible
● Orders, solicits or induces the commission of such a crime
which in fact occurs or is attempted
● In any other way contributes to the commission or attempted
commission of such a crime by a group of person acting with
a common purpose.
Accomplice
If he/she aids, abets or otherwise assists in its commission or
attempted commission, including providing the means for its
commission.
NOTE: A person shall be criminally liable for a crime defined and
penalized in this Act if he/she attempts to commit such a crime by
taking action that commences its execution by means of a
substantial step, but the crime does not occur because of
circumstances independent of the person's intention.
However ​a person who abandons the effort to commit the crime or
otherwise prevents the completion of the crime shall not be liable for
punishment under this Act for the attempt to commit the same if
he/she completely and voluntarily gave up the criminal purpose.
E. Irrelevance of Official Capacity
● shall apply equally to all persons without any distinction
based on official capacity
● In particular, official capacity as a head of state or
government, a member of a government or parliament, an
elected representative or a government official shall in no
case exempt a person from criminal responsibility under this
 

2D SPL MIDTERMS  
Act, nor shall it, in and of itself, constitute a ground for
reduction of sentence.
However:
● Immunities or special procedural rules that may be attached
to the official capacity of a person under Philippine law other
than the established constitutional immunity from suit of the
Philippine President during his/her tenure, shall not bar the
court from exercising jurisdiction over such a person
● Immunities that may be attached to the official capacity of a
person under international law may limit the application of
this Act, not only within the bounds established under
international law.
F. Responsibility of Superiors
A superior shall be criminally responsible as a principal for such
crimes committed by subordinates under his/her effective command
and control, or effective authority and control as the case may be, as
a result of his/her failure to properly exercise control over such
subordinates.
● if he either knew or, owing to the circumstances at the time,
have or should have known that the subordinates were
committing or about to commit such crimes
● if he failed to take all necessary and reasonable measures
within his/her power to prevent or repress their commission
or to submit the matter to the competent authorities for
investigation and prosecution.
G. Orders from a Superior
The fact that a crime defined and penalized under this Act has been
committed by a person pursuant to an order of a government or a
superior, whether military or civilian, shall not relieve that person of
criminal responsibility unless all of the following elements occur:
● person was under a legal obligation to obey orders of the
government or the superior in question;
● person did not know that the order was unlawful; and
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 30
● order was not manifestly unlawful.
NOTE: Orders to commit genocide or other crimes against humanity
are manifestly unlawful.
H. Jurisdiction
The State shall exercise jurisdiction over persons, whether military or
civilian, suspected or accused of a crime defined and penalized in
this Act, regardless of where the crime is committed, provided, any
one of the following conditions is met:
● accused is a Filipino citizen;
● accused, regardless of citizenship or residence, is present in
the Philippines; or
● accused has committed the said crime against a Filipino
citizen.
NOTE: In the interest of justice, the relevant Philippine authorities
may dispense with the investigation or prosecution of a crime
punishable under this Act if another court or international tribunal is
already conducting the investigation or undertaking the prosecution
of such crime.
Instead, the authorities may surrender or extradite suspected or
accused persons in the Philippines to the appropriate international
court, if any, or to another State pursuant to the applicable
extradition laws and treaties.
NOTE: No criminal proceedings shall be initiated against foreign
nationals suspected or accused of having committed the crimes
defined and penalized in this Act if they have been tried by a
competent court outside the Philippines in respect of the same
offense and acquitted, or having been convicted, already served their
sentence.
 

2D SPL MIDTERMS  
I. Philippine Courts, Prosecutors and Investigators
Regional Trial Court
·Has original and exclusive jurisdiction over the crimes punishable
under this Act.
· Their judgments may be appealed or elevated to the Court of
Appeals and to the Supreme Court as provided by law.
Supreme Court
· Shall designate special courts to try cases involving crimes
punishable under this Act.
· For these cases, the Commission on Human Rights, the
Department of Justice, the Philippine National Police or other
concerned law enforcement agencies shall designate prosecutors or
investigators as the case may be.
NOTE: The State shall ensure that judges, prosecutors and
investigators, especially those designated for purposes of this Act,
receive effective training in human rights, International Humanitarian
Law and International Criminal Law.
Miranda Rights Law (RA 7438)  detained or under custodial investigation shall be in writing
NOTE: ​A person is under “Custodial Investigation” when:
● He is put or already under the custody of the law and
● The general line of questioning ceases and questions which
elicit incriminating statements are asked by the authorities
A. Rights of Persons Arrested, Detained or Under Custodial
Investigation; Duties of Public Officers
● all times be assisted by counsel.
● Any public officer or employee, or anyone acting under his
order or his place, who arrests, detains or investigates any
person for the commission of an offense
○ Inform, in a language known to and understood by
him, of his rights to remain silent and to have
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 31
competent and independent counsel, preferably of
his own choice
○ who shall at all times be allowed to confer privately
with the person arrested, detained or under custodial
investigation
○ if such person cannot afford the services of his own
counsel, he must be provided with a competent and
independent counsel by the investigating officer.
● The custodial investigation report shall be reduced to writing
by the investigating officer
○ provided that before such report is signed, or
thumbmarked if the person arrested or detained
does not know how to read and write, it shall be read
and adequately explained to him
○ by his counsel or by the assisting counsel provided
by the investigating officer in the language or dialect
known to such arrested or detained person.
○ otherwise, such investigation report shall be null and
void.
● Any extrajudicial confession made by a person arrested,
and signed by such person in the presence of his counsel or
in the latter's absence
○ upon a valid waiver
○ in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest
or minister of the gospel as chosen by him
○ otherwise, such extrajudicial confession shall be
inadmissible as evidence.
NOTE: Atty. Chua finds this provision problematic. It should be the
counsel, and the counsel only since he is the one armed with the
knowledge of the law.
 
 
 
2D SPL MIDTERMS  

● Any waiver by a person arrested or detained under the investigating officer in accordance with the provisions of Article 125
provisions of Article 125 of the Revised Penal Code, or of the Revised Penal Code.
under custodial investigation, shall be in writing and signed
by such person in the presence of his counsel. Otherwise
the waiver shall be null and void.
● Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences with
any member of his immediate family, or any medical doctor
or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any
national non-governmental organization duly accredited by
the CHR of by any international non-governmental
organization duly accredited by the Office of the President.
○ spouse, fiancé or fiancée
○ parent or child
○ brother or sister
○ grandparent or grandchild
○ uncle or aunt
○ nephew or niece
○ guardian or ward.
NOTE: "Custodial Investigation" includes the practice of issuing an
"invitation" to a person who is investigated in connection with an
offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.

B. Assisting Counsel
“Assisting Counsel”
· Any lawyer, except those directly affected by the case, those
charged with conducting preliminary investigation or those charged
with the prosecution of crimes.

NOTE: In the absence of any lawyer, no custodial investigation shall

be conducted and the suspected person can only be detained by the

 
Bulatao Casama Capacite Chang Cruz Faderguya Infante Navarro Reyes Ybañez​ 32