1. New provision on the Probation Law (must memorize).

SEC. 4. Grant of Probation. — Subject to the provisions of this

Decree, the trial court may, after it shall have convicted and
sentenced a defendant for a probationable penalty and upon
application by said defendant within the period for perfecting an
appeal, suspend the execution of the sentence and place the
defendant on probation for such period and upon such terms and
conditions as it may deem best. No application for probation shall
be entertained or granted if the defendant has perfected the
appeal from the judgment of conviction: Provided, That when a
judgment of conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be
allowed to apply for probation based on the modified decision
before such decision becomes final. The application for probation
based on the modified decision shall be filed in the trial court where
the judgment of conviction imposing a non-probationable penalty
was rendered, or in the trial court where such case has since been
re-raffled. In a case involving several defendants where some have
taken further appeal, the other defendants may apply for
probation by submitting a written application and attaching
thereto a certified true copy of the judgment of conviction.

“The trial court shall, upon receipt of the application filed, suspend
the execution of the sentence imposed in the judgment.

“This notwithstanding, the accused shall lose the benefit of

probation should he seek a review of the modified decision which
already imposes a probationable penalty.

“Probation may be granted whether the sentence imposes a term

of imprisonment or a fine only. The filing of the application shall be
deemed a waiver of the right to appeal.

“An order granting or denying probation shall not be appealable.”

2. Elements of acts punishable under the Human Security Act (RA

9372).
Elements:
1. Is perpetrated by any person who commits the following
predicate crimes:
a. Piracy
b. Highway robbery
 c. Hijacking
d. Rebellion
e. Coup d etat;
f. Murder
g. Kidnapping and serious illegal detention;
h. Crimes involving destruction under
i. Pd 1613 (LAW ON ARSON)
ii. RA 6969( toxic waste and hazardous substance and
nuclear waste control act
iii. Ra 5207 (atomic energy regulatory act
i. Arson
j. Crimes involving unlicensed and loosed firearms

3. New rules on RA 10591.

Section 29. Use of Loose Firearm in the Commission of a Crime. – The
use of a loose firearm, when inherent in the commission of a crime
punishable under the Revised Penal Code or other special laws,
shall be considered as an aggravating circumstance: Provided,
That if the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which is lower than
that prescribed in the preceding section for illegal possession of
firearm, the penalty for illegal possession of firearm shall be imposed
in lieu of the penalty for the crime charged: Provided, further, That if
the crime committed with the use of a loose firearm is penalized by
the law with a maximum penalty which is equal to that imposed
under the preceding section for illegal possession of firearms, the
penalty of prision mayor in its minimum period shall be imposed in
addition to the penalty for the crime punishable under the Revised
Penal Code or other special laws of which he/she is found guilty.

4. Definition of a loose firearm under RA 10591.

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

5. Definition of “qualified trafficking in persons” and the penalty.

Section 6. Qualified Trafficking in Persons. - The following are
considered as qualified trafficking:

(a) When the trafficked person is a child;

 (b) When the adoption is effected through Republic Act No. 8043,
otherwise known as the "Inter-Country Adoption Act of 1995" and
said adoption is for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt
bondage;

(c) When the crime is committed by a syndicate, or in large scale.

Trafficking is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with
one another. It is deemed committed in large scale if committed
against three (3) or more persons, individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or

a person who exercises authority over the trafficked person or when
the offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution

with any member of the military or law enforcement agencies;

(f) When the offender is a member of the military or law

enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in

persons, the offended party dies, becomes insane, suffers mutilation
or is afflicted with Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS).

Any person found guilty of qualified trafficking under Section 6 shall

suffer the penalty of life imprisonment and a fine of not less than
Two million pesos (P2,000,000.00) but not more than Five million
pesos (P5,000,000.00);

6. Rule on plea bargaining under the Comprehensive Dangerous

Drugs Act?

Plea bargaining in prosecutions of drug-related cases is no longer allowed by

Rep. Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, regardless
of the imposable penalty.

7. Crimes Against Persons.

8. Ways of committing the crime of rape. Elements of each.

 1. Rape through sexual intercourse
a. The offender is a man;
b. That he has carnal knowledge with a woman;
c. Under the following circumstances:
i. Through force or intimidation;
ii. When the offended party is deprived of reason or
otherwise unconscious;
iii. By means of fraudulent machination or grave abuse
of authority; or
iv. When the offended party is under 12 years of age or
is demented.
2. Rape through sexual assault
a. 1st instance
i. That the offender is a man
ii. That he inserts his penis into the mouth or anal orifice
of another person
iii. Under the same circumstances of rape through
sexual intercourse;
b. 2 instance
nd

i. Offender is a man or a woman

ii. That the offender inserts any instrument to the
genital or anal orifice of another person
iii. Under the circumstance of rape through sexual
intercourse

9. Definition of grooming luring and pandering under Section 4 of the

Anti-Child Pornography Act.
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.

10. Rule if the paramour is the one who invokes self-defense when
caught in the act.

“X” cannot invoke the justifying circumstance of self-defense. An

essential requisite of self-defense is unlawful aggression.

The act of B in assaulting X when he found him and A, B’s wife, lying
together in bed in a room of the motel is natural and lawful, as it
was made by B, the deceived and offended husband in order to
defend his honor and rights. X should have known that having illicit
relations with A, a married woman, X being her former boyfriend, he
was performing an unlawful and criminal act that would expose him
to the vengeance of the offended husband. The act of B in
assaulting X under the circumstances cannot constitute unlawful
aggression(US v. Merced, 39 Phil 198).

Furthermore, in view of his illicit relations with A, B’s wife, and the
situation in which B found them, lying together in bed, would
constitute sufficient provocation to B for him to attack X. The third
requisite of self-defense which is lack of sufficient provocation on
the part of the person defending himself is, therefore, also absent.

11. Rule if husband kills identical twin of wife when caught in the act.

A: Mistake of fact

If the principle of “mistake of fact” had been applied to justify the

acts of the accused, to exempt him from liability or to mitigate his
liability, there is no reason why it should not be made applicable to
a case involving absolutory cause under Art. 247 in the light of the
time-honored principle of “pro-reo.”

12. Crimes Against Personal Liberty and Security.

1. Kidnapping and serious illegal detention

2. Slight illegal detention
3. Unlawful arrest
4. Kidnapping and failure to return a minor
5. Inducing a minor to abandon his home
6. Slavery
 7. Exploitation of child labor
8. Services rendered under compulsion in payment of debt
9. Abandonment of persons in danger and abandonment of
one’s own victim
10. Abandoning a minor
11. Abandonment of minor by person entrusted with his custody;
indifference of parents
12. Exploitation of minors
13. Qualified trespass to dwelling
14. Other forms of trespass
15. Grave threat
16. Light threat
17. Bond for good behavior
18. Other light threats
19. Grave coercion
20. Light coercion
21. Unjust vexation
22. Other similar coercions – (Compulsory purchase of merchandise
and payment of wages by means of tokens)
23. Formation, maintenance, and prohibition of combination of
capital or labor through violence or threats
24. Discovering secrets through seizure of correspondence
25. Revealing secrets with abuse of confidence
Revelation of industrial secrets

13. Persons liable for violation of the Anti-Hazing Law.

1. Principals
a. the officers and members of the fraternity, sorority or
organization who actually participated in the infliction of
physical harm shall be liable as principals
b. The officers, former officers, or alumni of the organization,
group, fraternity or sorority who actually planned the
hazing although not present when the acts constituting
the hazing were committed shall be liable as principals.
c. A fraternity or sorority's adviser who is present when the
acts constituting the hazing were committed and failed to
take action to prevent the same from occurring shall be
liable as principal.
 d. If the hazing is held in the home of one of the officers or
members of the fraternity, group, or organization, the
parents shall be held liable as principals when they have
actual knowledge of the hazing conducted therein but
failed to take any action to prevent the same from
occurring.

2. Accomplice
a. The owner of the place where hazing is conducted shall
be liable as an accomplice, when he has actual
knowledge of the hazing conducted therein but failed to
take any action to prevent the same from occurring.
b. The school authorities including faculty members who
consent to the hazing or who have actual knowledge
thereof, but failed to take any action to prevent the same
from occurring shall be punished as accomplices for the
acts of hazing committed by the perpetrators.

14. What qualifies the offense of hazing?

If death, rape, sodomy or mutilation results from the hazing, there

principals are liable for reclusion perpetua.

15. Attempt to commit child prostitution under Section 6 of RA 7610.

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.
16. Anti-torture law.

a) "Torture" refers to an act by which severe pain or suffering,

whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him/her or a third person
information or a confession; punishing him/her for an act he/she or
a third person has committed or is suspected of having committed;
or intimidating or coercing him/her or a third person; or for any
reason based on discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a person in authority or agent of a person in
authority. It does not include pain or Buffering arising only from,
inherent in or incidental to lawful sanctions.

17. Crimes Against Property.

1. Robbery
2. Robbery with violence against or intimidation of persons
3. Robbery with physical injuries, committed in an uninhabited
place and by a band, or with the use of firearm on a street, road
or alley
4. Execution of deeds by means of violence or intimidation
5. Robbery in an inhabited house or public building or edifice
devoted to worship
6. Robbery in an uninhabited place and by a band
7. Robbery in uninhabited place or in a private building
8. Robbery of cereals, fruits, or firewood in an uninhabited place or
private building
9. Possession of picklocks or similar tools
10. False keys
11. Brigandage
12. Aiding and abetting a band of brigands
13. Theft
14. Qualified theft
15. Theft of the property of the National Library and National
Museum
16. Occupation of real property or usurpation of real rights in
property
17. Altering boundaries or landmarks
18. Fraudulent insolvency
 19. Swindling/Estafa
20. Other forms of swindling
21. Swindling a minor
22. Other deceits
23. Removal, sale or pledge of mortgaged property
24. Other forms of arson
25. Malicious mischief
26. Special cases of malicious mischief
27. Other mischiefs
28. Damage and obstruction to means of communication
29. Destroying or damaging statues, public documents, or paintings

18. Ways of committing the crime of estafa.

Article 315. Swindling (estafa). - Any person who shall defraud

another by any of the means

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of

value which the offender shall deliver by virtue of an obligation to
do so, even though such obligation be based on an immoral or
illegal consideration.

(b) By misappropriating or converting, to the prejudice of another,

money, goods, or any other personal property received by the
offender in trust or on commission, or for administration, or under
any other obligation involving the duty to make delivery of or to
return the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such
money, goods, or other property.

(c) By taking undue advantage of the signature of the offended

party in blank, and by writing any document above such signature
in blank, to the prejudice of the offended party or of any third
person.

2. By means of any of the following false pretenses or fraudulent acts

executed prior to or simultaneously with the commission of the
fraud:
 (a) By using fictitious name, or falsely pretending to possess power,
influence, qualifications, property, credit, agency, business or
imaginary transactions, or by means of other similar deceits.

(b) By altering the quality, fineness or weight of anything pertaining

to his art or business.

(c) By pretending to have bribed any Government employee,

without prejudice to the action for calumny which the offended
party may deem proper to bring against the offender. In this case,
the offender shall be punished by the maximum period of the
penalty.

(d) By post-dating a check, or issuing a check in payment of an

obligation when the offender therein were not sufficient to cover
the amount of the check. The failure of the drawer of the check to
deposit the amount necessary to cover his check within three (3)
days from receipt of notice from the bank and/or the payee or
holder that said check has been dishonored for lack of insufficiency
of funds shall be prima facie evidence of deceit constituting false
pretense or fraudulent act. (As amended by R.A. 4885, approved
June 17, 1967.)

(e) By obtaining any food, refreshment or accommodation at a

hotel, inn, restaurant, boarding house, lodging house, or apartment
house and the like without paying therefor, with intent to defraud
the proprietor or manager thereof, or by obtaining credit at hotel,
inn, restaurant, boarding house, lodging house, or apartment house
by the use of any false pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining
credit, food, refreshment or accommodation therein without paying
for his food, refreshment or accommodation.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a

gambling game.

(c) By removing, concealing or destroying, in whole or in part, any

court record, office files, document or any other papers.
 Article 316. Other forms of swindling. - The penalty of arresto mayor
in its minimum and medium period and a fine of not less than the
value of the damage caused and not more than three times such
value, shall be imposed upon:

1. Any person who, pretending to be owner of any real property,

shall convey, sell, encumber or mortgage the same.

2. Any person, who, knowing that real property is encumbered, shall

dispose of the same, although such encumbrance be not
recorded.

3. The owner of any personal property who shall wrongfully take it

from its lawful possessor, to the prejudice of the latter or any third
person.

4. Any person who, to the prejudice of another, shall execute any

fictitious contract.

5. Any person who shall accept any compensation given him under
the belief that it was in payment of services rendered or labor
performed by him, when in fact he did not actually perform such
services or labor.

6. Any person who, while being a surety in a bond given in a

criminal or civil action, without express authority from the court or
before the cancellation of his bond or before being relieved from
the obligation contracted by him, shall sell, mortgage, or, in any
other manner, encumber the real property or properties with which
he guaranteed the fulfillment of such obligation.

19. Anti-Photo and Video Voyeurism Act.

d) "Photo or video voyeurism" means the act of taking photo or

video coverage of a person or group of persons performing sexual
act or any similar activity or of capturing an image of the private
area of a person or persons without the latter's consent, under
circumstances in which such person/s has/have a reasonable
expectation of privacy, or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar means or device
without the written consent of the person/s involved,
 notwithstanding that consent to record or take photo or video
coverage of same was given by such person's.

20. Rules on Adultery and Concubinage.

Article 333. Who are guilty of adultery. - Adultery is committed

 by any married woman who shall have sexual intercourse with a man not
her husband and
 by the man who has carnal knowledge of her knowing her to be married,
even if the marriage be subsequently declared void.

Adultery shall be punished by prisioncorreccional in its medium and

maximum periods.

If the person guilty of adultery committed this offense while being

abandoned without justification by the offended spouse, the penalty next
lower in degree than that provided in the next preceding paragraph shall
be imposed.

Article 334. Concubinage. - Any husband who shall

 Keep a mistress in the conjugal dwelling, or

 Have sexual intercourse, under scandalous circumstances, with a woman
who is not his wife, or
 Cohabit with her in any other place,

Shall be punished by prisioncorreccional in its minimum and medium periods.

The concubine shall suffer the penalty of destierro.

21. Birth certificate simulation under the RPC and Anti-Trafficking Act.

Simulation of birth is committed by any person who shall simulate

birth for another. (art. 347, RPC) Simulation of birth is the tampering
of the civil registry making it appear in the birth records that a
certain child was born to a person who is not his/her biological
mother, causing such child to lose his or her true identity or status.

RA 9208 Section 5. Acts that Promote Trafficking in Persons. - The

following acts which promote or facilitate trafficking in persons, shall
be unlawful:
 (b) To produce, print and issue or distribute unissued, tampered or
fake counseling certificates, registration stickers and certificates of
any government agency which issues these certificates and stickers
as proof of compliance with government regulatory and pre-
departure requirements for the purpose of promoting trafficking in
persons;

22. Elements and rules in libel.

Article 353. Definition of libel. - A libel is public and malicious

imputation of a crime, or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead.
Elements:

1. The writing or the utterrance must be defamatory

2. It must be malicious
3. It must be given publicity; and
4. The victim must be identifiable.