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INTRODUCTION
WHAT IS A PENAL LAW
To determine whether a statute is a penal law, the ff. elements1 should be present:
(1) The law must define the criminal act
(2) It must prescribe a penalty
(3) It must be an act of the Legislature
Special acts shall be acts defining and penalizing violations of the law not included in the Penal Code (Sec. 3, Act 3326)
Filoteo Jr. v Filoteo was part of a W/N 1987 Constitution NO. While Penal laws (ART 22, RPC) shall have
Sandiganbayan custodial investigation in should be applied retroactive effect insofar as they are favourable to
1983. He made an retroactively the person guilty of a felony who is not a habitual
extrajudicial confession criminal, what is being construed here is a
without a counsel. He constitutional provision. A constitutional
claims that the 1987 provision specifically is contained in the Bill of
Constitution provisions on Rights which is obviously not a penal statute.
Bill of Rights should be
retroactively applied to him Penal laws - are those imposing punishment for an
since those were favourable offense committed against the state which the
to him as an accused. executive of the state has the power to pardon.
Lacson v Kuratong Baleleng gang W/N Sec 4 and 7 of RA 8249 NO. Generally, an ex post facto law prohibits
Executive shoot out – None of the are ex post facto laws retrospectivity2 of penal laws. However, R.A. 8249 is
Secretary principal accused had a not a penal law. It is a substantive law on
rank of at least SG 27. jurisdiction which is not penal in character.
Hence the Sandiganbayan
transferred the case to the
1
Boado, Notes and Cases on SPL
2 Art. 4, CC – Laws shall have no retroactive effect, unless the contrary is provided.
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RTC. Subsequently, RA Penal laws are those acts of the Legislature which
8249 was passed, expanding prohibit certain acts and establish penalties for their
SB’s jurisdiction by deleting violations; or those that define crimes, treats of their
the word “principal” from nature, and provide for their punishment.
“principal accused”. The
accepted the OSG’s appeal.
Thus, the case went back to
the SB pursuant to this law.
Lacson claims that Sec 4
and 7 RA 8249 are ex post
facto laws
Llamado v CA Probation law was amended W/N Llamado’s right to apply YES. Probation Law is not a penal statute.
as follows: for probation was lost when
PD 968 – Court may he perfected his appeal from Courts, have no authority to invoke “liberal
suspend the sentence any the judgment of conviction. interpretation” or “the spirit of the law” where the
time after it shall have words of the statute themselves, and as illuminated
convicted and sentenced a by the history of that statute, leave no room for
defendant doubt or interpretation.
PD 1257 – Court may place
defendant on probation
after it shall have convicted
and sentenced a defendant
but before he begins to serve
his sentence
PD 1990 – Probation – after
conviction, within the period
for perfecting an appeal
*Note: Perfecting an appeal
is a bar to application for
probation
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US v Parrone Falsification: “Parrone” W/N accused may avail of the YES. Article 7 of the RPC does not mean to exclude
Jan. 7, 1913 changed to “Partacio”. At benefits of Art 22 provided application of Article 22 of the RPC to special laws.
the time of commission of that the punishment under Article 22 also applies to special laws, and accused
RPC: Jan. 1, the offense, it was punished the amendment is more shall be punished with penalty most favorable to
1932 by Act 1189. However, Act favourable to him, despite him.
2126 was passed amending art. 7 ("offenses punishable
it, providing for a lesser under special laws are not *It must necessarily relate:
penalty. Defendant seeks subject to the provisions of (1) to penal laws existing prior to the Penal
application of art. 22 of this Code.") Code, in which the penalty was less severe
RPC, saying that he should than those of the Penal Code; or
be punished by the lesser Note: Art 7 is now Art 10 (2) to laws enacted subsequent to the Penal
penalty embodied in the Code, in which the penalty was more
later law. favorable to the accused.
Taer v CA Two men stole two male W/N Taer should be convicted NO. He should be convicted only as an accessory for
carabaos and left them at as a principal in violation of all he did was profit from the effects of the crime.
Taer’s house. Taer was Anti Cattle Rustling Law of
convicted as principal in 1974 (PD533) Note: RPC provisions on principals, accomplices,
violation of PD 533 (Anti- accessories were applied notwithstanding the fact
Cattle Rustling) that he was convicted under PD 533, a special penal
PD 533 amended RPC law. Court also ruled that there’s conspiracy.
Articles 308, 309 and 310
3
Boado, Notes and Cases on SPL and San Beda Crim I reviewer
4 Boado, Notes and Cases on SPL
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When there is more than one offender, the degree of participation Degree of participation do not affect the liability – penalty on all of
of each in the commission of the crime is taken into account. them are the same for they are all considered principals, unless the
law expressly considers them otherwise.
Intent is an element Intent is immaterial (generally) 5
People v Quijada shot Iroy in the W/N Quijada should be YES. Murder is malum in se. Qualified Illegal
Quijada head with an unlicensed convicted of two separate Possession of Firearms is malum prohibitum.
firearm. The trial court crimes, namely Murder and
convicted Quijada of two Qualified Illegal Possession There is conceded wisdom in punishing illegal
separate offenses: Murder of Firearms possession of firearms without taking the criminal
and Qualified Illegal intent of the possessor. All that is needed is the
Possession of Firearms intent to perpetrate the act prohibited by the law
coupled by animus possidendi.
Estrada v Plunder case- Erap claims W/N Plunder as defined in NO. The crime of plunder is mala in se. The element
Sandiganbayan that the facts do not RA 7080 is a malum of mens rea must be proven in the crime of plunder.
constitute an offense prohibitum
because the law suffers The legislative declaration in RA 7659 that plunder
from vagueness. He claims is a heinous offense implies that it is a malum in se.
that Plunder Law abolished For when the acts punished are inherently immoral,
the element of mens rea in they are mala in se, and it does not matter that such
crimes already punishable acts are punished in a special law, especially since in
under the RPC, all of which the case of plunder the predicate crimes are mainly
are violations of the rights mala in se.
of the accused to due
process.
ABS-CBN Corp GMA aired a footage that W/N GMA is guilty of YES. Copyright infringement is a mala prohibita
v. Gozon was originally owned by copyright infringement under crime. Acts mala in se require presence of criminal
ABS CBN. GMA claims that the Intellectual Property intent and the person's knowledge of the nature
it does not know of the Code? of his/her act, while in acts mala prohibita,
agreement of exclusivity presence of criminal intent and the person's
between ABS and Reuters. knowledge is not necessary. The Court also
stated that Philippine laws on copyright
5
Note: Estrada v Sandiganbayan (GENERALLY, intent is immaterial, BUT some crimes under SPLs - like the Plunder Law, are mala in se.)
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People v Delim Three perpetrators hog-tied, W/N accused should be liable Murder. When specific intent is an element of the
kidnapped and eventually for kidnapping or murder crime, it must be specified in the information. In this
killed their adopted brother case it was specified that there was intent to kill.
6
Table from San Beda Criminal Law Reviewer Book 1
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People v Dela The accused surrendered to W/N accused is liable under NO. While possession without criminal intent, is
Rosa Kagawad Rigor claiming PD 1866 sufficient to convict a person for illegal possession of a
they want to lead a new life. firearm, it must still be shown that there was animus
They informed him that possidendi or an intent to possess on the part of
Kumander Tamang, a the accused.
member of the NPA was
shot by one of them. There is a difference between intent to commit the
Accused had in their crime and intent to perpetrate the act. A person
7
Reyes, Book 1
8
Boado, Notes and Cases on SPL
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possession a shotgun and a may not have consciously intended to commit a crime
bag containing several but he intended to commit an act, and that act would
sticks of dynamite. constitute a crime. Intent to commit a crime has
criminal intent while intent to perpetrate an act is
done freely or consciously
Mercado v Accused was guilty of W/N the penalty was proper NO. Unless otherwise specified, if the SPL imposes
People carnapping. RTC imposed its own penalty, it is error to designate the terms of
the penalty of reclusion the RPC because the penalties in the RPC apply only
temporal to crimes which fall under the RPC and not to a SPL.
PRESCRIPTION OF SPL
ACT NO. 3326
Penalty Prescription
Violation of municipal ordinances After 2 months
ONLY a fine (regardless of the amount) / Imprisonment of not more After 1 year
than 1 month / BOTH
Imprisonment of more than 1 month but less than 2 years After 4 years
Imprisonment of 2 years or more but less than 6 years After 8 years
Imprisonment of 6 years or more EXCEPT treason After 12 years
Treason After 20 years
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Prescription period begins to run from the day of the commission of the offense if it be known.
If not known, prescription starts to run from the discovery of the offense and the institution of judicial proceeding for
its investigation and punishment.
Prescription period is interrupted when proceedings are instituted against a guilty person and shall begin to run again if the
proceedings are dismissed for reasons not constitution jeopardy.
Act 3326 applies ONLY to acts NOT included in the RPC.
Republic v UNICOM increased its W/N action has prescribed Sec. 2 of Act 3326 – prescription of SPLs
Cojuangco capitalization by increasing (1) if the commission is known, it begins to run from
authorized capital stock the day of the commission of the violation is known;
Feb. 8, 1980 (Amended (2) if it is not known, prescription starts to run from
Articles of Incorporation) the discovery and the institution of judicial
OSG filed a complaint proceedings for its investigation and punishment.
(Violation of RA 3019) on
March 1, 1990 against the Main decision:
respondents alleging that YES. It had prescribed. (In this case, No. 1 applies -
their acts were grossly from the commission)
disadvantageous to the Prescription should be reckoned from the filing of the
government. (Feb 8, 1980) Amended Articles of Incorporation
– because it’s a public document, hence subject
to public scrutiny
Republic v W/N action has prescribed YES. It had prescribed.
Cojuangco Prescription should be reckoned from the filing of the
(Bersamin) (Feb 8, 1980) Amended Articles of Incorporation
in the SEC and NOT from the filing of the General
Information Sheet.
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RPC IS SUPPLETORY
ART. 10, RPC. Offenses not subject to the provisions of this Code. – Offenses which are or in the future may be punishable under special
laws are not subject to the provisions of this Code. This Code shall be suppletory to such laws, unless the latter should specially provide the
contrary.
General Rule: When the special law uses the nomenclature of the Revised Penal Code, the RPC applies suppletorily.
Exceptions:
(1) When the special law explicitly says that the RPC does not apply suppletorily
(2) When there is physical or legal impossibility (People v. Simon)
a. If the SPL does not make use of RPC nomenclature, then RPC does not apply suppletorily9
There will always be legal impossibility if the RPC nomenclature was not used.
People v Simon Simon was convicted for W/N this is the proper NO. The SC modified the penalty to 6 months of
violating RA 6425 penalty arresto mayor minimum to 6 years of prision
(Dangerous Drugs Act of correccional as maximum.
9
People v Simon
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(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the
Revised Penal Code; or
(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of
the Revised Penal Code,
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3 Persons convicted of reclusion perpetua or reduced to reclusion perpetua are not eligible for parole10 / ISL
4 WHO: Board of Pardons and Parole
WHAT: shall cause the publication of the list of names of persons convicted of offenses punished with reclusion perpetua or life
imprisonment who are being recommended for commutation 11 or pardon1213
WHEN: At least one week, for 3 consecutive weeks
WHERE: In a newspaper of general circulation
*The President may still grant Executive Clemency14
5 This act shall take effect immediately after publication in TWO newspapers of general circulation
10
Parole - conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence. (Revised Rules and
Regulations of Board of Pardons and Parole)
11
Commutation of Sentence – reduction of the duration of a prison sentence of a prisoner (Revised Rules and Regulations of Board of Pardons and Parole)
12
Absolute Pardon - total extinction of the criminal liability of the individual to whom it is granted without any condition. It restores to the individual his civil and
political rights and remits the penalty imposed for the particular offense of which he was convicted (Revised Rules and Regulations of Board of Pardons and
Parole)
13
Conditional Pardon – refers to the exemption of an individual, within certain limits or conditions from the punishment which the law inflicts for the offense he
had committed resulting in the partial extinction of his criminal liability (Revised Rules and Regulations of Board of Pardons and Parole)
14
Executive Clemency – refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole Conditions and Commutation of Sentence as may be
granted by the President of the Philippines (Reprieve- refers to the deferment of the implementation of the sentence for an interval of time; it does not
annul the sentence but merely postpones or suspends its execution) (Revised Rules and Regulations of Board of Pardons and Parole)
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If punished by SPL (which did not adopt the nomenclature of the RPC)
Maximum term – “shall not exceed the maximum fixed by law”
Minimum term – “shall not be less than the minimum term prescribed” by the law
Graduation of penalties does not apply in SPL. Thus, the penalty under the SPL cannot be lowered by 1 degree 15
15
From Judge Boomsri S. Rodolfo’s CRIM 1 Handouts
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In applying ISLAW, Courts must impose a minimum and maximum based on the range of the penalty imposed under
the SPL
Ex: SPL imposed the penalty of 3 to 6 years
Courts can impose the ff. indeterminate sentences:
3 years as minimum to 4 years as maximum
3 years as minimum to 5 years as maximum
3 years as minimum to 6 years as maximum
HOWEVER, the Court may impose a straight penalty up to 1 year if the same is within the minimum provided under the
SPL
Ex: SPL imposed the penalty of 6 months to 3 years.
The Court is allowed to impose a straight penalty and need not apply the ISLAW as long as the straight penalty
imposed is within the minimum provided under the SPL and will NOT EXCEED one year.
Courts may impose the ff. straight
penalties: 6 months
8 months
11 months
1 year
Etc. (as long as the penalty will not exceed 1y
*Should the court impose a penalty exceeding one year, it is required to apply ISLAW.
2 Who are disqualified
(1) Persons convicted of offenses punished with death penalty or life imprisonment
(2) To those convicted of
Crimes against National Security Crimes against the Law of Nations Crimes against Public Order
Treason Piracy16 Rebellion
Conspiracy or proposal to commit treason Sedition
Misprision of Treason
Espionage
(3) To those who are habitual delinquents (Note: Recidivists are entitled to ISLAW – People v. Jaranilla)
(4) To those who have escaped from confinement or evaded sentence
(5) Those who, having been granted conditional pardon by the President and shall have violated the terms thereof
(6) Those whose MAXIMUM term of imprisonment does not exceed one year
(7) Not to those already sentenced by final judgment at the time of the approval of this Act except as provided under
Sec. 517 hereof
16
All other crimes under Crimes against the Law of Nations are NOT included in the disqualification (1) Inciting to war or giving motives for reprisals (Art 118), (2)
Violation of Neutrality (Art. 119), (3) Correspondence w/ hostile country (Art 120) (4) Flight to enemy’s country (Art 121)
17
Sec. 5, Act 4103 “ x x x Whenever any prisoner shall have served the minimum penalty imposed on him, and it shall appear to the Board of Indeterminate
Sentence, x x x that such prisoner is fitted by his training for release, that there is a reasonable probability that such prisoner will live and remain at liberty
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(8) To those convicted of offenses punished with reclusion perpetua or whose penalty was reduced to reclusion perpetua
(from RA 9346)
(9) When application of ISLAW will not be favourable to the accused 18
(10) Pendency of another case (Adonis v Tesoro)19
(11) If the sentence does not impose imprisonment. (Ex. If sentence is destierro only, then ISLAW does not apply)
without violating the law, and that such release will not be incompatible with the welfare of the society, said Board of Indeterminate Sentence may, in its
discretion, x x x authorize the release of such prisoner on parole upon such terms and conditions prescribed by the Board.
18
ELC
19 ELC
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De Joya v Jail Violation of Bouncing W/N SC Admin circular NO. Even if the SC Circular will apply retroactively,
Warden Checks Law. She was guilty should apply to her it won’t apply to her in view of her bad faith.
but she remained at large. (1) Philippine Penal Law is based from Spanish
She wants the new SC penal code and adopted the positivist theory
Circular to apply to her (2) Positivist theory: the basis for criminal
where it was said that liability is the sum total of the social
Bouncing Checks Violations economic phenomena to which the offense is
should be punished only expressed. This is exemplified in ISLAW
with fines and not (3) The Phil. Penal law looks at the convict as a
imprisonment member of the society
(4) Factors to be considered
a. His relationship towards his
dependents, family, and their
relationship with him
b. His relationship towards the society
at large and the State
(5) State’s concern
a. To protect the social organization
against criminal acts of destructive
individuals
b. To secure justice
(6) Penalties should not only be retributive but
also reformative.
(7) Court has to consider
a. Primary elements of punishment –
moral responsibility of the offender
b. Also the secondary elements –
reformation
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People v Frustrated murder, Ducosin How to properly apply ISL? In ISLAW, the Court must determine
Ducosin pleaded guilty (1- DEATH TWO penalties, instead of just one.
mitigating), there are no RP
aggravating circumstances. Maximum – determined by the RPC, as if ISLAW
While on appeal, ISL was RT MAX was never passed (note: in view of the attending
passed (1ST case where ISL circumstances). Shall not be greater than the
was applied) Penalty prescribed by the law maximum prescribed by the law
for consummated murder Minimum – shall not be less than the minimum
Note: The penalty for period of the penalty next lower to that prescribed by
consummated murder is RT MED the said Code for the offense.
reclusion temporal MAX to RT MIN
death Frustrated murder – one degree lower than the
PM MAX consummated
Ruling: SC modified as - 1 Ordinary Mitigating circumstance (OM) – plea of
Ducosin is hereby sentenced One degree lower because it’s guilty
to a maximum penalty of 10 frustrated murder No Aggravating circumstance
years and 1 day of
prision mayor in its PM MED Penalty: PC Max to PM Med in any of its
maximum degree and to a PM MIN periods as minimum to PM Max to RT Med in
minimum imprisonment of its minimum as the maximum
7 years. PC MAX
*MAXIMUM term is in its minimum because of 1
Steps in applying ISLAW:20 OM (plea of guilt)
One degree lower to
(1) Identify if the penalty is Now to determine the duration, use the table
determine the range of
divisible. If divisible, of duration of divisible penalties
penalty w/ ISLAW
divide into three periods
(MIN, MED, MAX) Duration Min Med Max
(2) Lower the penalty by RT 12y and 12y and 14 y 8mo 17y 4mo
one degree to determine 1d to 20y 1d to 14y and 1d to and 1d to
the range of the penalty and 8mo 17y and 20y
4mo
20
From Judge Boomsri S. Rodolfo’s CRIM 1 Handouts
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21
Generic aggravating circumstance
22 Ordinary mitigating circumstance
23 Atty Abitria: for purposes of exams, assume you are the judge. You will impose the penalty
24 Refer to Duration of Divisible Penalties in People v Ducosin
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Bacasmas v Violation of RA7610, W/N the SB applied the YES. Under the ISLAW, if the offense is punished
Sandiganbayan PD1445, RA 3019 correct penalty by a special law, such as RA3019, the trial court
shall sentence the accused to an indeterminate
ISLAW as applied to SPLs penalty, the maximum term of which shall not
The Sandiganbayan found exceed the MAX fixed by the law, and the MIN term
them guilty of beyond shall not be less than the minimum prescribed by the
reasonable doubt for law.
violating the Anti-Graft and
Corrupt Practices Act and
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sentences them to an The penalty prescribed by the law for violating Sec
indeterminate penalty of 12 3(e) of RA 3019 is:
years and 1 month to 15 6 years and 1 month – 15 years
years
Imposed penalty
12 years and 1 month – 15 years
(Still within the range fixed by law)
People v Mantalaba is a minor W/N ISLAW should be YES.
Mantalaba arrested during a buy-bust applied to Mantalaba’s case
operation. If there is an attending circumstance that converts
DEATH the penalty from INDIVISIBLE to DIVISIBLE,
He violated Sec 5 of RA LI ISLAW will STILL apply
9165 which merits the Penalty prescribed by the law
penalty of life
imprisonment to death. DEATH
RP
Under Sec 98 of RA 9165, Sec 98 of RA 9165
when the offender is a
minor, the penalty of acts RT MAX
punishable by life RT MED
imprisonment to death RT MIN
shall be reclusion perpetua Priv. Mit. Circ. of minority
to death.
PM MAX
The penalty is further
PM MED
lowered to reclusion
PM MIN
temporal because of the
Next lower - ISLAW
priv. mitigating
circumstance of minority
DISQUALIFICATION
People v Guinhawa, engaged in the W/N ISLAW is applicable if NO. If the court opts to impose a penalty of
Guinhawa business of selling brand the max term of imprisonment of one year or less, it should not
new cars. One of his drivers
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suffered from a heart attack imprisonment does not impose an indeterminate penalty, but a straight
while working. The car was exceed one year. penalty of one year or less instead.
damaged. Guihawa
repaired the car and sold it Guinhawa was sentenced to straight penalty of 6
as “brand new”. He was months
found guilty for violating
Art 318 of the RPC and *If ISLAW is not applicable, the sentence should only
imposed the penalty of 2 impose a straight penalty
mos and 1d to 4 mos.
People v Manlulu and Samson W/N ISLAW applied to NO. Habitual delinquents cannot avail of the
Manlulu murdered Alfaro. Samson is Samson, a habitual provisions of ISLAW-
a habitual delinquent –he delinquent
was convicted once of Art. 62 (5d.) Habitual delinquents - WITHIN 10
robbery and thrice of theft years from the date of last release or last conviction
within 10 years prior to this of the crimes of (1) serious physical injuries (2) less
case. serious physical injuries (3) robbery (4) theft (5)
estafa (6) falsification, he is found guilty of ANY of
the crimes a third time or oftener
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Fransdilla v Yrevrre was robbed by W/N the lower courts NO. The SC ruled that the crime was complex crime
People Fransdilla and 4 other men. imposed the proper penalties of Robbery in an inhabited house by armed men
The RTC and CA convicted under Art 299, RPC and Robbery with violence
them of Robbery ONLY. against and intimidation of persons under Art 294.
Villareal v Lenny Villa was a victim of W/N the accessory penalties YES. In applying accessory penalties, refer to the
People hazing. that will apply are those principal penalty prescribed by the law before the
which are attached to the application of ISLAW
principal penalty before the
ISLAW was used
SERVING MINIMUM
Board of Barredo was convicted of W/N he finished serving NO. While he has already served the minimum
Pardons and 30y for Carnapping and 18y sentence penalty in the carnapping case, he has not yet served
Parole, Barredo (reduced by the SC) for the minimum in the illegal possession case.
v Vinarao illegal possession. He filed a
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petition for the issuance of Main issue: W/N he’s entitled Doctrine: to be eligible for parole, one has to serve
a writ of habeas corpus to a Writ. NO. – WRIT the minimum of the first crime, and then the
asking that be released on applies to those ILLEGALLY minimum of the second crime. 25
the ground that he has confined.
already finished served for
18 years (minimum of
carnapping)
People v. 1994, Abesamis murdered W/N the grant of parole NO. His release only meant that he has already
Abesamis Ramon, a spotter who put rendered the case moot served the minimum penalty and that he was fitted
the wrong score in a for training fror release. But parole does not
billiards game. extinguish criminal and civil liability.
PROBATION LAW
PRESIDENTIAL DECREE 968
(as amended by P.D. 1257 and R.A. 10707 – [A] = amended)
2 Purpose:
(a) Promote the correction and rehabilitation of an offender by providing him with individualized treatment
(b) Provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a
prison sentence.
(c) Prevent the commission of offenses
3 Probation 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.
25
NOTE: Atty. Abitria notes that in practice, the convicted has to serve the WHOLE sentence of the first crime before he can be eligible for parole.
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4 Grant of Probation26.
[A] WHAT: Court may after it shall have convicted and sentenced a defendant for a probationable penalty27 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.
WHEN TO FILE: No application for probation shall be entertained or granted if the defendant has perfected the appeal of
judgment
o PROVIDED, 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.
WHERE TO FILE: The application for probation based on the modified decision shall be filed
o In the trial court where judgment of conviction imposing a non-probationable penalty was rendered OR
o In the trial court where such case has been reraffled.
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 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.
FILING OF AN APPLICATION = WAIVER OF THE RIGHT TO APPEAL
An order granting or denying probation shall not be appealable
8 Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be placed on probation, the
court shall consider all information relative, to the character, antecedents, environment, mental and physical condition of the
offender, and available institutional and community resources. Probation shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense committed
9 Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:
[A] (a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any crime against national security2829
(c) who have previously been convicted by final judgment of an offense punished by imprisonment of more than six (6)
months and one (1) day or a fine of more than Php 100030
(d) who have been once on probation under the provisions of this Decree; and
26
Amended by 1257 and Amended further by 10707
27 It’s probationable penalty! Not probationable crime!
28 968- any offense against the security of the State;
29 Treason, Conspiracy and proposal to commit Treason, Misprision of Treason, Espionage
30 968 - of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;
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(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant
to Section 33 hereof.
10 Section 10. Conditions of Probation. Every probation order issued by the court shall contain conditions requiring that the
probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at such place as may be specified in the
order within seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such time and place as specified by said officer.
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The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of
his conviction and to totally extinguish his criminal liability as to the offense from which probation was
granted.31 The probationer and the probation officer shall each be furnished with a copy of such order.
NATURE OF PROBATION
Villareal v Lenny Villa was a victim of W/N the accused applied for No, the applicants are not at liberty to choose where
People hazing. RTC Caloocan Br. probation in the correct to file the application for probation.
121 found the several court.
accused to have conspired PD 968 [OLD LAW] – Sec 4. Grant of Probation –
so it convicted ALL of them Subject to the provisions of this Decree, the trial
of homicide. CA lowered the court, may, after it shall have convicted and
crime based on liability of sentenced a defendant x x x
each and lowered penalty
from homicide (not This means that the court of origin – (Court which
probationable) to slight sentenced and convicted) has the jurisdiction over the
physical injury (a case. In this case, RTC Br. 121. Hence, the
probationable offense). application made in Br. 130 is invalid.
After this, the Aquilans RA 10707 [CURRENT RULE: BY VIRTUE OF THE
immediately applied for AMENDMENT]
probation with RTC Sec. 4 x x x The application for probation x x x shall
Caloocan Br. 130 which be filed with In the trial court where the
granted their application. judgement of conviction imposing a non-
probationable penalty was rendered OR in the
trial court where such case has since been
reraffled.
Santos To v Santos To was convicted of W/N Judge Pano was correct NO. Sec. 9 of the Probation law provides for the kind
Pano Estafa for issuing bouncing in denying the application of offenders which are disqualified from availing the
checks. CA reduced his notwithstanding the benefits of probation:
penalty to a probationable recommendation from a (1) Those sentenced to serve a maximum term of
one. Santos To immediately probation officer? imprisonment of more than 6 years
applied for probation. The
probation officer
31
968 fully discharge his liability for any fine imposed as to the offense for which probation was granted.
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recommended for his (2) Those convicted of any offense against the
probation but Judge Pano security32 of the State
did not denied the (3) Those who have previously been convicted by
application for probation for final judgment of an offense punished by
two reasons: (1) to grant the imprisonment of not less than one month and
probation will depreciate one day and/or a fine of not less than P200
the seriousness of the [NOTE: Amended by RA 10707. x x x
offense (2) Petitioner is not convicted by final judgment of an offense
a penitent offender punished by imprisonment of more than six
(6) months and one (1) day or a fine of
more than Php 1000.00]
(4) Those who have been on probation under the
provisions of the decree, and
(5) Those who were already serving sentence at
the time the substantive provision of the
decree became applicable, pursuant to Sec.
33.
In expressly enumerating the offenders not
qualified to enjoy the benefits of the probation law,
the clear intent is to allow said benefits to those not
included in the enumeration.
OCA v Librado Public officer, suspended W/N Librado should be YES. While the purpose of the Probation Law is to
and charged with violation dismissed from office save valuable human material, it must not be
of RA 6425 for selling forgotten that unlike pardon, probation does not
drugs. He was found guilty obliterate the crime of which the person under
and sentenced to 6y probation has been convicted. The reform and
imprisonment. He pleaded rehabilitation of the probationer cannot justify his
guilty and is now on retention in the gov’t service.
probation hoping that he
could be given a 2nd chance
32
Note crimes against security only, crimes against the law of nations is not included although the latter are also under Title One of RPC. Crimes against
national security:
(1) Treason (Art 114)
(2) Conspiracy and proposal to commit treason (Art 115)
(3) Misprision of Treason (Art 116)
(4) Espionage (Art 117)
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CONDITIONS OF PROBATION
Baclayon v Teacher convicted by Judge W/N the questioned condition YES. Probation statutes are liberal in character and
Mutia Mutia of serious oral should be deleted enable the courts to designate practically any
defamation for insulting the condition it chooses as long as the probationer’s
principal. Mutia granted constitutional rights.
probation. One of the
conditions was that Baclayo
was not allowed from
continuing her teaching
profession. Baclayon alleges
Soriano v CA Soriano was convicted of W/N the revocation of the YES. Conditions imposed by the trial court should be
the crime of Reckless probation was lawful followed by the probationer.
Imprudence resulting to
homicide, serious physical
injuries and damage to
prop. He was granted
probation the ff. conditions
were set for him to follow
(1) He shall meet his family
responsibilities (2) He shall
devote himself to a job (3)
Indemnify the heirs of the
victim. Soriano’s father (car
owner) received payment
for insurance of the car but
Soriano did not turn over
the proceeds to the victim’s
heirs. Soriano’s probation
was revoked.
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Bernardo v Bernardo convicted of W/N a judge is bound by the NO. A judge is not bound by the recommendation of
Balagot Estafa in the MTC. He favourable recommendation the Probation Officer.
applied for probation while of a Probation Officer
his motion for new trial was
pending before the MTC.
The Probation Officer
approved it but it was
subsequently denied by the
MTC Judge Balagot
TERMINATION OF PROBATION
Bala v Martinez Bala was convicted with W/N his probation should be YES. Sec. 16 of PD 968. Termination of Probation –
falsification and was revoked after the period of probation and upon the
granted probation for one consideration of the report and recommendation of
year. A year passed but the the probation officer, the court of an order of final
order of final discharge discharge based on the report and recommendation
wasn’t issued because Bala of the probation officer. Only from such issuance can
failed to submit his final the case of the probationer be deemed terminated.
report. This is a violation of He was sentenced to serve the original sentence.
the terms of the probation
Suyan v People Suyan convicted for W/N the revocation of his YES. The Court’s discretion to grant probation is to
violating RA 6425 (DDrugs probation was proper be exercised primarily for the benefit of the
Act). He was granted
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probation but he was again organized society and only incidentally for the
arrested for violating the benefit of the accused.
same law.
People v Salazar Salazar convicted of RA W/N her being on probation NO. That she was on probation would not erase the
6425. Salazar alleges that is material to her subsequent fact of her conviction even though service of her
the trial court relied on her conviction sentence was suspended.
previous conviction for
violation of the same law.
She said that her being
under probation was not
alleged in the Information.
PREVIOUS CONVICTION
Francisco v CA Francisco was convicted of 4 W/N he’s disqualified from YES. He’s disqualified. The law expressly required
counts of oral defamation. applying for probation since that an accused must not have appealed his
He appealed but all of his the law prohibits one from conviction before he can avail of probation.
appeals were denied applying for probation is one
has already chosen to appeal
Rura v Lopena Rura convicted of 5 counts W/N Rura is disqualified NO. When he applied for probation he had no
of Estafa and tried under a previous conviction by final judgement. When he
single decision which applied for probation, the only conviction against
sentenced him to 17mo 25d. him was the judgement which was the subject of his
Rura appealed to the RTC application.
which affirmed the lower
court. Rura applied for
probation which was
opposed by a probation
officer because under Sec 9
of PD968, probation does
not apply to those who
have previously been
convicted by final
judgement of
imprisonment of not less
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Colinares v At first he was found guilty W/N Colinares may apply for YES. He may still apply since the penalty of the new
People of frustrated homicide in probation conviction qualifies him to apply for probation.
the RTC but the SC found Technically he made no appeal to such conviction
him guilty of only since it is a new conviction by the SC.
attempted homicide
(probationable)
Yusi v Morales Spouses Yusi were W/N after applying for YES. The right to appeal should not be irrevocably
convicted of Estafa. They probation, an accused may lost from the moment a convicted accused filed and
applied for probation. A few withdraw the application and application for probation
days later (within the within the reglamentary
reglamentary period) they period, appeal the judgment
filed a notice of appeal. of conviction
SUBSIDIARY PENALTY
Art 39. If the convict has no property with which to meet the fine x x x he shall be subject to subsidiary personal liability (rate: 1d/highest
MIN wage at the time of judgment)
Ex: Fine is P20,000. 20,000/P512 (Highest MIN wage now) = 39 days subsidiary imprisonment
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PRINCIPAL PENALTY: prision correccional OR arresto and fine, he shall remain under confinement until his fine x x x is
satisfied, but his subsidiary imprisonment shall not exceed 1/3 of the term of sentence and in no case shall it continue for
more than 1 year. No fraction or part of the day shall be counted against the prisoner
PRINCIPAL PENALTY: Fine only
o SI shall NOT EXCEED 6mo if culprit has been convicted for a grave/ less grave
felony o SI shall NOT EXCEED 15d if for a light felony only.
PRINCIPAL PENALTY: HIGHER than prision correccional = NO MORE SI.
Prisoner is not relieved of subsidiary personal liability in case his financial circumstances should improve
Narte v CA Delia sold buses to Narte. W/N CA erred in ordering NO. RPC is applied to special laws which adopt its
Narte used PDC worth subsidiary imprisonment in nomenclature such as BP 22
2.2M to pay for the buses. case of non-payment of fine
Checks bounced.
Toledo v Toledo was sentenced in 9 W/N Toledo is required to NO. No prisoner shall be held in jail for more than 6y
Superintendent criminal cases with a total undergo subsidiary detention by reason of insolvency; the aggregate penalties
Correcional imprisonment of 10 y. She to pay for the indemnities should be considered in bulk, not separately.
has already served the 10 y.
Art 39(3) says that when
the principal penalty is
higher than PC (6y) no
more subsidiary
imprisonment. Supt. Of the
institution appealed, saying
that none of each crime
exceeded 6 years
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Ramos v Gonong Ramos was convicted of W/N Ramos should be made No. Subsidiary liability must be expressly stated. No
Damage to Property with to suffer a subsidiary liability one should be made to suffer a subsidiary liability of
Multiple Physical injuries imprisonment if it is not expressly stated.
through reckless
imprudence. The judge
failed to put “subsidiary
imprisonment in case of
insolvency” in the
dispositive portion
Bagtas v Dir. Of Bagtas was convicted of W/N penalty of subsidiary NO. Art. 70 contemplates that the convict shall not
Prisons Estafa in 17 criminal cases liability should be deleted serve the excess of the maximum of the threefold of
and was sentenced to the most severe penalty
6y4m26d w/ Php 43,436 in
case of insolvency. He
contends that the
subsidiary liability should
be deleted because Art 70
states (three fold rule) that
no other penalty to which he
may be liable shall be
inflicted after the sum total
of those have been imposed
BP22
Jao Yu v People Petitioner contends that he W/N an accused found guilty YES. Article 10- suppletory application.
should not be meted with of violations of BP22 should
subsidiary liability because be made to suffer the
BP 22 only says “shall be subsidiary imprisonment in
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PREVENTIVE IMPRISONMENT
Preventive Imprisonment is imposed upon a person before he/she is convicted if he/she cannot afford bail, or his/her criminal
case is non-bailable.33
REPUBLIC ACT NO. 10592
APPLIES TO ARTICLES OF WAR
Garcia v ES Garcia was found guilty of W/N Garcia should be NO. Offenders who have undergone preventive
lying about his SALN. After confined for two more years imprisonment shall be credited the service of their
6 years and 2 months of sentence consisting of deprivation of liberty.
preventive confinement,
Garcia was released. Who are not qualified:
President Aquino affirmed (a) When they are recidivists or have been
the AFP and directed that convicted previously twice or more times of
Garcia is to serve 2 years of any crime
preventive imprisonment. (b) When upon being summoned for execution of
Garcia contends that he has their sentence they have failed to surrender
served more than 2 years voluntarily.
already so he should not be
arrested and confined
anymore
33
Sen. Francis Escudero –Author of the amendment
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ALLOWANCES
WHEN ENTITLED
Baking v Dir. Of Accused have been under W/N the accused could NO.
Prisons detention for more than 18 benefit from Art 97 The allowance for good conduct “for each month of
years. They were convicted good behaviour” refers to a good behaviour of a
July 28, 1969 of rebellion and were prisoner while he is serving his term as a convict and
sentenced to 10 y not otherwise
RA 10592 imprisonment. They
July 23, 2012 contend that they should be CURRENT RULE:
released by virtue of Art 29 Art 94. Partial extinction of criminal liability-
(1/2 of preventive criminal liability is extinguished partially:
imprisonment should be 1.)By conditional pardon
deducted) and Art 97 – 2.) By commutation of sentence
allowance for good conduct 3.) For good conduct allowance which the
of any prisoner culprit may earn while he is undergoing
preventive imprisonment
People v Tan Fidel was sentenced to W/N the warden has NO.
penalty of 2y and 4mo as authority to credit the time The release was premature. Fidel has an unserved
min to 4y and 2mo as max. allowance for good conduct portion of 11 months and 5 days. Art. 99 of the RPC
Provincial warden did not dictates that time allowance for good conduct can
commit him to national only be given by Director of Prisons. Not anyone else,
penitentiary but only such as the warden.
retained him in the
Provincial Jail. He was
released after 2y 8mo 21d
crediting him for good
conduct by the warden.
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City Warden v Phil. National Committee Who has the authority to Art. 99 of the RPC dictates that time allowance for
Mla City Jail on Legal Aid visited the grant good conduct time good conduct can only be given by Director of
prison and found that 34 allowances? Prisons.
prisoners are entitled to be
released after deducting CURRENT RULE:
time allowances for good AMENDMENT OF ART 99:
conduct. NCLA filed for a The ff. may grant good conduct time allowances:
writ of habeas corpus before (1) Dir. Of Bureau of Corrections
the court. Jail Warden (2) Chief of the BJMP
opposes saying that only (3) WARDEN of a provincial district,
the Director may give time municipality, or city jail
allowance for good conduct
OBSTRUCTION OF JUSTICE
PRESIDENTIAL DECREE NO. 1829
ELEMENTS
Padiernos v DENRO apprehended a W/N the accused are liable as NO. But they are liable under Obstruction of Justice
People truck and discovered that it accessories (PD1829)
was carrying lumber
illegally. They left the truck Art. 19, par. 2 defines accessories as those who with
on the road. The following knowledge of the commission of the crime and
day, petitioners agreed to without having participated therein, either as
take the truck to the police principals or accomplices, take part subsequent to
station. While on the way to its commission by concealing or destroying the
the Police STN, Mesina, the body of the crime, its effects or instruments in
driver and sped off and order to prevent its discovery
carried the truck to the
wrong direction. In the present case, the illegal possession of lumber
had already been discovered at the time the
Padiernos took the truck.
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Posadas v Dennis Venturina of Sigma W/N petitioners violated PD NO. Generally, a criminal prosecution cannot be
Ombudsman Rho died in a rumble with 1829 enjoined but one of the exemptions is to protect the
Scintilla Juris frat. Posadas constitutional rights of the accused. (Brocka v.
(UP Chancellor) asked NBI Enrile)
to assist in the
investigation.
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FENCING
PRESIDENTIAL DECREE NO. 1612
ELEMENTS
Ong v People Azajar owns 44 tires. 38 W/N Ong is guilty of Fencing YES.
were stolen from his place, Elements of Fencing:
the gate was forcibly (a) A crime of robbery or theft has been
opened. He chanced upon committed
Ong’s store and found that (b) The accused who is not a principal or an
Ong was selling his tires. accomplice in the commission of the crime of
They conducted a buy-bust robbery or theft buys, receives, possesses,
keeps or sells in any manner deals in any
article, item, object or anything of value
which has been derived from the proceeds of
the crime of robbery or theft
(c) The accused knew or should have known that
said items has been derived from the
proceeds of the crime of robbery or theft
(d) There is on the part of the accused intent to
gain for oneself or for another
Dimat v People Delgado bought a car from W/N Dimat is guilty of YES. PD1612 is malum prohibitum. Criminal intent
Dimat. Dimat was found to Fencing is immaterial.
have stolen the car from
Jose Mantequilla. Dimat The accused should have known that the car was
claims that he did not know stolen from the irregularity of the documents when
Mantequilla and he bought he “bought” the car from Tolentino
the car from a certain
Manuel Tolentino (despite
the fact that it was not
documented properly). He
also claims that he had no
criminal intent to steal
Capili v CA Several pieces of jewelry W/N Capili is guilty of YES. Mere possession is enough to give rise to a
were stolen from Diokno. It Fencing presumption of fencing.
turns out Michael Manzo
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stole them and sold them to Since the elements of fencing are present and Capili
Gabriel Capili and his wife was not able to rebut the presumption, he is guilty.
for 50k. Capili contends
that the lower courts were
not able to prove the value
of the stolen items.
Sierra v People Sierra convicted of qualified W/N he is exempted YES. Minority is an EXEMPTING
rape He was 15 at the time CIRCUMSTANCE
of the commission Intent is to protect the rights of the child in conflict
with the law
EXEMPTING CIRCUMSTANCE
Ortega v People Offender was 14 years old W/N he is exempted YES. What is controlling is the age of the CICL at
when he raped an 8 year the time of the commission of the offense
old. 9344 was passed 6
years later
Madali v People AAA was killed in an W/N he is exempted YES. But exemption from criminal liability does not
initiation process to join include exemption from CIVIL liability
“Rugby Boys”. The offender
was 14 years old
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MITIGATING
People v Jacinto Jacinto raped a 5 year old W/N he is guilty of rape YES. RA 9344 exempts a child above 15 but BELOW
when he was 17 years old W/N may benefit from the 18 UNLESS it is proved that he acted with
and he did so with provisions of RA 9344 on discernment.
discernment. When the suspension of sentence
decision was promulgated, YES. The suspension of sentence shall still be
he was already 25 applied even if he was not a minor at the time of the
pronouncement of his guilt. What matters is that he
committed the crime at a tender age (Sec 38)
SUSPENDED SENTENCE
Declarador v Frank was 17, a minor Was the RTC correct? NO. Frank Bansales is disqualified. His sentence
Gubaton when he stabbed Yvonne should not be suspended
Declarador his teacher at
the back. The victim The disqualification is based on the nature of the
sustained 15 stab wounds crime charged and the imposable penalty therefor
and died. RTC suspended (RP), and not on the penalty imposed by the Court
his sentence after trial (RT)
Sec 32 of AM 02-1-18
Automatic Suspension of Sentence and Disposition
Orders – the benefits of suspended sentence shall not
apply to a juvenile in conflict with the law who has
once enjoyed the suspension of sentence, or to one
who is convicted of an offense punishable by death,
reclusion perpetua or life imp or at the time of
promulgation of judgment the juvenile is already 18
or over.
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People v Sarcia Rape was allegedly W/N he could avail of benefits YES. He is entitled to confinement of convicted
committed by an 18 year old from RA9344 children because he committed the crime when he
towards a 5 year old girl. was 18.
RTC found Sarcia guilty of
rape but applied a priv. mit Sec 38. 34 of RA 9344
of minority. He was 31 y/o Automatic Suspension of Sentence – once a child is
already at the time of under 18 years at the time he committed the offense,
promulgation the court, instead of pronouncing the judgment
of conviction, place the CICL under suspended
sentence without need of application.
PROVIDED, the suspension of sentence shall
still be applied even if the juvenile is already 18
years OR MORE at the time of the
pronouncement.
AGRICULTURAL CAMP
34
Sec 38 v Sec32 of the AM, Sec 38 of 9344 prevails!
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IMPRISONMENT
Hubilla v People Hubilla attacked Espinola’s W/N CA applied the correct RA 9344 does not allow the courts the discretion to
neck with a knife. He was penalty (w/ Islaw) YES reduce the penalty further even for the sake of
found guilty of homicide. W/N he is entitled to enabling the CICL to qualify for probation.
probation and suspension of While Sec 5c of 9344 bestows on CICL the right not
sentence – NO. to be unlawfully or arbitrarily deprived of their
liberty, imprisonment as a proper disposition of a
case is duly recognized, subject to restrictions on the
imposition of imprisonment
(1) That the detention or imprisonment is a
disposition of last resort
(2) The detention or imprisonment shall be for
the shortest appropriate period of time
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Ricalde v People 31-year old man inserted W/N Ricalde is liable under YES. Ricalde was convicted of Rape through sexual
his penis inside a 10 year the RPC for Rape through assault, but since the victim is a child, the SC
old while he was spending sexual assault imposed the penalty under RA 7610.
the night in the child’s Lascivious conduct (as defined IRR of RA 7610) :
house. RTC and CA held Note: PENALTIES The intentional touching either directly or through
that Ricalde was guilty of Rape – Reclusion Perpetua clothing of the genitalia, anus, groin, breast, inner
rape through sexual thigh, or buttocks or the introduction of any object
assault. Rape through sexual assault into the genitalia, anus or mouth of any person,
- Prision Mayor whether of the same or opposite sex, with an intent
to abuse, humiliate, harass, degrade, or arouse or
RA 7610, Art III, Sec 5(b) – gratify the sexual desire of any person…
Provided, that when the
victim is UNDER 12, the Leonen: In enacting RA 7610, the legislature
perpetrators shall be intended to impose a higher penalty when the victim
prosecuted under Article 355, is a child.
Para 3 for rape (Amended by
RA 8353 – Now Art 266) and VELASCO, dissenting opinion:
Article 336 of RPC for rape or He implies that there should be other acts of sexual
lascivious conduct, as the abuse other than rape itself that will characterize
case may be: rape as child abuse. One count of rape is not enough.
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Provided that the penalty for Child abuse in his view is not yet present with one
lascivious conduct when the count of rape.
victim is UNDER 12, shall be
RT MED Leonen’s response: If we adopt this view, we are
subscribing to the idea that a single act of rape is not
debilitating to a child.
Quimvel v Quimvel, a caretaker of the W/N Quimvel should be The crime is Acts of Lasciviousness in relation to Sec
People victim’s grandma’s ducks, convicted of 5(b), Art III of RA 7610.
inserted his right hand in AoL in relation to Sec 5(b) of
the panty of the 7 year old RA 7610 Sec 5(b) covers not only a situation where a child is
victim and caressed her OR abused for profit but also one in which a child,
private part. AoL under Art. 336 of the through coercion, intimidation or influence,
Quimvel claims that he RPC ONLY engages in sexual intercourse or lascivious
cannot be liable under RA conduct.
7610 because it’s necessary
under that law that the Note: It’s in this case where Leonen posited the
child is subjected to theory that Acts of Lasciviousness ceased to be a
prostitution or other sexual crime under the RPC following the Art 335’s express
abuse repeal.
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35
PD 603, Article 59. Crimes. - 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" as here used means absence without cause for more
than twenty schooldays, not necessarily consecutive.
7. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five schooldays.
8. 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.
9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrass or humiliate
him.
10. Causes or encourages the child to lead an immoral or dissolute life.
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11. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership.
12. 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" as here used shall include the guardian and the head of the institution or foster home which has custody of the child.
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RA 7610 Art. III, Sec. 5a/b Sexual Abuse RPC Art. 336 Acts of Lasciviousness RPC Art. 339 AoL with consent of the
Offended Party
(1) Sexual intercourse/ Lascivious (1) Offender commits any act of (1) That the offender commits acts of
conduct lasciviousness / lewdness Lasciviousness or lewdness
(2) Act performed with a child (2) That it is done under any of the ff. (2) That the acts are committed upon a
exploited in prostitution or circumstances woman who is a virgin, single,, or a
subjected to other sexual abuse a. By using force widow of good reputation, under 18
(3) The child, whether male or female is or intimidation years of age but over 12 years, or a
BELOW 18 years old b. When the offended party sister or descendant regardless of
is deprived of reason or her reputation or age,
Provided, that when the victim is otherwise unconscious (3) That the offender accomplished the
UNDER 12, the perpetrators shall be c. By means of fraudulent acts by abuse of authority,
prosecuted under Article 355, Para 3 for machinations or grave abuse confidence, relationship or deceit.
rape (Amended by RA 8353 – Now Art of authority
266) and Article 336 of RPC for rape or d. When the offended party is
lascivious conduct, as the case may be: under 12 YEARS OF AGE
Provided that the penalty for lascivious
conduct when the victim is
UNDER 12, shall be RT MED
Application:
Victim is UNDER 12: Acts of Lasciviousness under Art. 336 of the RPC, in relation to RA 7610 Art III, Sec 5.
(Which means, the CRIME is Acts of Lasciviousness under Art. 336 but the PENALTY for AoL under RA 7610 Art III, Sec. 5 is applied)
Victim is 12 to UNDER 18: Lascivious conduct under RA 7610, Art. III, Sec. 5.
(Since AoL under Art. 336(d) of RPC governs if the victim is under 12, RPC does not apply anymore if the victim is 12 to under 18)
RA 8353 RA 8353
Corruption of Minors
RPC Art. 266-A (1) RPC Art. 266-A (2)
Rape by Sexual Intercourse Rape through sexual assault
(1) That the offender is MAN (1) The offender commits an act of
(2) That the offender had carnal sexual assault
knowledge of a woman (2) That act of sexual assault is
(3) That such act is accomplished under committed by any of the following
any of the following circumstances: means
a. By using force or a. By inserting his penis into
intimidation another person’s mouth or
anal orifice
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Review also: Rape, Statutory Rape, Seduction, Acts of Lasciviousness, Corruption of Minors + other related special laws (RA 8353, RA 9231)
Art Employment of Children. – Children below fifteen (15) years of age shall not be employed EXCEPT:
8, 1.) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of
Sec his/her family are employed: Provided, however, That his/her employment neither endangers his/her life, safety, health
12 and morals, nor impairs his/her normal development; Provided, further That the parent or legal guardian shall provide
the said minor child with the prescribed primary and/or secondary education; or
*Atty Abitria: Intent of the law here is that the child is under the direct supervision of the parents (e.g. family business/ sari-sari)
2.) Where a child’s employment or participation in public entertainment or information through cinema, theatre, radio or
television is essential: Provided, That employment contract is concluded by the child’s parents or legal guardian, with the
express agreement of the child concerned if possible, and the approval of the Department of Labor and Employment:
Provided, further, That the following requirements in all instances are strictly complied with:
a. That employer shall ensure the protection, health, safety, morals and normal development of the child;
b. That employer shall institute measures to prevent the child’s exploitation or discrimination taking into account
system and level of remuneration and the duration and arrangement of working time; and
c. The employer shall formulate and implement, subject to the approval and supervision of competent authorities,
a continuing program for training and skills acquisition of the child
*DOLE permit is required
Art 8, Sec 12-A: Hours of Work of a Working Child (From R.A. No. 9321) Child Labor
AGE HOURS OF WORK
A child BELOW 15 years of age -NOT MORE THAN 20 hours per WEEK; work NOT MORE THAN 4 HOURS per DAY
Not allowed to work between 8:00PM and 6AM of the following day
A child 15 years of age but -NOT MORE THAN 40 hours per WEEK; work NOT MORE THAN 8 HOURS per DAY
BELOW 18
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Not allowed to work between 10:00PM and 6AM the following day
People v Genosa Marivic Genosa suffered W/N Marivic Genosa acted in NO. Only an incomplete self defense- the requisite of
(Jan 15, 2004) maltreatment form her self-defense for her unborn unlawful aggression in complete self defense was
husband Ben. When Ben child and due to her Battered absent at the time she killed her husband.
Passage of would get drunk, he would Woman Syndrome.
VAWC: March 8, batter her while she was 8 The existence of the syndrome in a relationship does
2004 mos. preganant. Ben got not itself establish the legal right of the woman to
furious about her nagging kill her abusive partner. Evidence must still be
one night and tried to open considered in the context of self-defense.
a drawer where the gun
was but he failed to open it. Genosa convicted of PARRICIDE with two mitigating
Marivic escaped from Ben circumstances: (1)“psychological paralysis” leading to
by hitting him with a pipe. “dimunition of freedom of action, intelligence or
While her husband was intent” and (2) Passion and obfuscation
sleeping, she “distorted” the
drawer, took the gun and People v Genosa characterized BWS as an
shot him with it. She incomplete form of self-defense (absent the element
admitted the killing and of unlawful aggression) and if invoked, entitled the
was found guilty of female victim to a MITIGATION of the penalty but
parricide. Her defense: she NOT an ACQUITTAL.
acted only in self-defense
and she has Battered People v Genosa: BWS – mitigating circumstance
Woman Syndrome only
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Del Soccoro v Del Soccoro and Van W/N Wilsem, a foreigner may YES.
Brinkman van Wilsem got married in be held liable for violation of By virtue of the doctrine of processual
Wilsem Holland and had a son. VAWC presumption the laws in the Philippines will be
They later got divorced in presumed to be the law governing Wilsem’s country.
Holland. Del Soccoro went
back to Ph with their son. Even if Wilsem successfully presents the laws
Despite his promises, Van governing Holland on support (Holland’s laws
Wilsem failed to provide provide that he is not obliged to give support after
financial support for the the decree of divorce is issued), they cannot be
child. 16 years later Wilsem appreciated by the Philippine Court. When the
went back to the PH and national laws of foreigners are contrary to public
remarried. Del Soccoro filed policy, they shall not be appreciated by the courts.
a case against him under
VAWC saying that their Depriving a child of support is contrary to public
child was devoid of support policy and will bring injustice.
which amounts to
economic abuse. Wilsem Wilsem is liable under VAWC
cannot be sued since his
national law prevails. NOTE: Depriving a woman of economic support
under VAWC is a continuing offense, VAWC is a
public crime
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POST-MIDTERMS
TRAFFICKING
REPUBLIC ACT NO. 9208
(As amended by RA 10364)
Section. 3(a) Trafficking in Persons – refers to the :
[ACT] - recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with
or without the victim's consent or knowledge, within or across national borders
BY [MEANS] OF - threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person
having control over another person
FOR THE [PURPOSE] OF exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is
induced by any form of consideration for exploitative purposes shall also be considered as 'trafficking in persons' even if it does not
involve any of the means set forth in the preceding paragraph.36
*Atty. Abitria: As you read the prohibited acts, take note of the ACT, MEANS and PURPOSE. Some prohibited acts do not indicate
the means. But for purposes of CRIM, look at the punishable act. Before they do not follow the A[acts], M[means], P[purpose] formula
Keyword Sec Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or juridical, to commit any of
4 the following acts:37
Recruit A To recruit, transport, transfer; counsel, provide, or receive a person by any means, including those done under the
pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
Mail B To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for
Order under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of
Bride acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
36
Sec 3, Ra 10364
37
Mnemonic: “R MoMa Tries Many Awesome Fruits On Sandwiches and Salad Diets” (Recruit- MailOrder - Marriage– Travel - Maintain – Adopt- Facilitates –
Organs – Soldiers – Slavery –Direct)
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*Dating website – members pay to get matched. The site matches Filipina women with foreign nationals. Pedro
(foreigner) was matched with Petra (Filipina). They got married. Petra made Pedro her sexual slave. Is Juan (the
owner of the site/ introducer) liable under RA 9208?
NO. Because the law explicitly says that the victim has to be a FILIPINA WOMAN. However, Petra may be liable
under Sec 4(e) of RA 9208. Furthermore, the facts did not indicate the purpose of the matchmaking. Hence, Juan did
not commit human trafficking. If Pedro and Petra were matched for money, profit or consideration for the purpose of
sexual exploitation, pornography then Juan may be held liable under RA 9208.
*TV program where a Filipina and a foreigner goes on dates (?) for 90 days (You’re road!!). Are the producers liable?
No. The purpose is not for sexual exploitation.
*What if the purpose of the marriage is for sexual exploitation but it all happened in the US? Is the person who
introduced still liable? YES. Because the victim is a Filipina. (Legal Basis: Sec. 17(c)- committed against Fil.)
Marriage C To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading
them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or
debt bondage;
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Note: It becomes qualified trafficking when the adoption is effected through RA No. 8043 (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.
Facilitate G To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced
Adoption labor, slavery, involuntary servitude or debt bondage;
*Maute group recruits a CHILD and trains him for combat. Is the Maute group liable under RA 9208? YES.
*Maute group recruits an ADULT and trains him for combat. Is the Maute group liable under RA 9208? NO. The law
explicitly says “child”
Slavery J To recruit, transport, transfer, counsel, obtain, maintain, offer, hire, provide or receive a person by means defined in
Section 3 of this Act for purposes of forced labor, slavery, debt bondage and involuntary servitude, including a
scheme, plan, or pattern intended to cause the person either:
(1) To believe that if the person did not perform such labor or services, he or she or another person would suffer
serious harm or physical restraint; or
(2) To abuse or threaten the use of law or the legal processes; and
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Section 6. Qualified Trafficking in Persons. – The following are considered as qualified trafficking:
CASAM2A – 1E (Child-Adoption-Syndicate-Authority-Military1-prostitution 2-offender-AIDS -1 or more –Exploitative)
Section 7. Confidentiality – (Right to privacy of the trafficked person. x x x Law enforcement officers prosecutors, and judges to whom
the complaint has been referred to may x x x order a closed-door investigation, prosecution or trial.)
Section 11. (Probation Law does NOT apply – to any person who buys or engages the services of a trafficked person for prostitution)
38
(h) and (i) – inserted by 10364
39 (h) and (i) – inserted by 10364
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Section 17. ABSOLUTORY CAUSE - Trafficked persons x x x shall not be penalized for crimes directly related to the acts of
trafficking enumerated in this Act or in obedience to the order made by the trafficker in relation thereto.
Jun-jun, a 16-year-old was hired to work in a videoke bar. Trafficking? No. Employment was not for the purpose of exploitation of the child.
(Though he might be liable under Art 8, RA 7610 for Child labor)40
Section 17-B. (The past sexual behavior x x x shall be considered inadmissible in evidence for the purpose of proving consent of the
victim to engage in sexual behavior, or to prove the predisposition, sexual or otherwise, of a trafficked person. Consent of the victim to
trafficking is IRRELEVANT)
Section 17-C. Immunity from Suit, Prohibited Acts and Injunctive Remedies. – No action or suit shall be brought, instituted or
maintained in any court or tribunal or before any other authority against any: (a) law enforcement officer; (b) social worker; or (c) person
acting in compliance with a lawful order from any of the above, for lawful acts done or statements made during an authorized rescue
operation, recovery or rehabilitation/intervention, or an investigation or prosecution of an anti-trafficking case: Provided, That such acts
shall have been made in good faith. x x x
Section 26-A. Extra-Territorial Jurisdiction. - The State shall exercise jurisdiction over any act defined and penalized under this Act, even
if committed outside the Philippines and whether or not such act or acts constitute an offense at the place of commission, the crime being a
continuing offense, having been commenced in the Philippines and other elements having been committed in another country, if the
suspect or accused:
No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction
recognized by the Philippines, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the
approval of the Secretary of Justice.
The government may surrender or extradite persons accused of trafficking in the Philippines to the appropriate international court if
any, or to another State pursuant to the applicable extradition laws and treaties.
40
Child Trafficking – RA 9208-qualifying , RA 9344- aggravating (JJWC), RA 7610-aggravating (MAX if child is under 12)/ RA 7610 attempted child trafficking is
also punished, RA 9165- aggravating (Dangerous Drugs)
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TRAFFICKING
Facts Issue Ruling/Doctrine
RA 9208
People v Casio Decoys pretended to be tour W/N Shirley Casio is liable YES.
guides looking for girls to under RA 9208 Human trafficking elements:
entertain their guests. (a) The act of recruitment, transportation,
Casio offered two girls, AAA transfer, harbouring or receipt of persons
and BBB. They reached the with or without the victim’s consent or
hotel and the decoys gave knowledge, within or across national borders.
Casio a consideration. They (b) By means of threat or use of force or other
entrapped her. forms of coercion, abduction, of fraud, of
deception, of the abuse of power or of a
position of vulnerability or of the giving or
receiving payments or benefits to achieve the
consent of a person having control over
another
(c) The purpose of trafficking is exploitation
which includes at a minimum “exploitation
or the prostitution of others or other forms of
sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of
organs
People v Aguirre Arabit and Aguirre W/N the accused are liable YES.
convinced ten girls (3 were under RA 9208 Sec 3(a) of RA 9208: may be with or without the
minors) to swim, drink and consent or knowledge of the victim
have sex with foreigners in
exchange of money or shabu When the victim is a minor, the recruitment or
transportation need not involve “threat or use of
force or other forms of coercion, abduction, fraud,
deception, abuse of power, or the giving or receiving
payments or benefits to achieve the consent of a
person having control over another
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VOYEURISM
REPUBLIC ACT NO. 9995
Sec. Definition of terms:
3 “Broadcast” to make public, by any means, a visual image with the intent that it be viewed by a person or persons.
“Photo or video voyeurism” means the act of taking photo of 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
“Private area of a person” – means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of an
individual.
“Under circumstances which a person has a reasonable expectation of privacy” means believe that he/she could
disrobe in privacy without being concerned that an image or a private area of the person was being captured; or
circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public,
regardless of whether that person is in a public or private place.
Sec. Prohibited Acts. (Take,Copy,Distribute,Publish)
4 (a) Elements:
1.) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as the naked or undergarment clad genitals, pubic area,
buttocks or female breast
2.) WITHOUT the CONSENT of the persons/s involved and
3.) Under circumstances in which the person/s has/have a reasonable expectation of privacy.41
Ex. Anne Curtis, ASAP beach party, televised – Bikini malfunction. Person A recorded the video of her.
Is A liable under RA 9995?
NO. Anne was not in any position of doing a sexual act. It was unintended and merely accidental. There was
no reasonable expectation of privacy. It was a public event and she expected that she will be photographed.
Person A then sells the footage. Is A now liable under RA 9995?
41
Atty. Abitria: means circumstances where he/she believes that he/she can disrobe without his/her being taken a photo of.
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YES. The act of selling is a separate punishable act. Selling the footage is punishable under Sec 4(c) of RA 9995.
Person B uploads the video online. Is Person B liable under RA 9995?
YES. Taking the video without the consent of the person being captured is distinct from the act of distributing the
photo/video.
Before the picture or video may be used as evidence, a written order must be issued or granted upon written application and
examination under oath of affirmation of the applicant and the witnesses he/she may produce, and upon showing that there are
reasonable grounds to believe that the photo or video voyeurism has been committed or is about to be committed, and that the
evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such crime.
Any record, photo or video or copy thereof, obtained or secured by any person in violation of the preceding sections shall not be
admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.
Discussion:
Is intent material in voyeurism? It depends on the circumstances
Ex. Person A lives in Condominium A, 28th floor, adjacent to Condominium B. Person A sees Person B from 20 th floor, Condo B
undressing. Person A takes a photo. – check intent.
ANTI-TORTURE
REPUBLIC ACT NO. 9745
Sec. "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a
3(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
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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.
T/F – Anti-torture can be committed by private individuals. T – YES, if the private person commits it with the consent or
acquiescence of a person in authority or agent of a person in authority
Sec. "Order of Battle" refers to any document or determination made by the military, police or any law enforcement agency of the
3(d) government, listing the names of persons and organizations that it perceives to be enemies of the State and that it considers
as legitimate targets as combatants that it could deal with, through the use of means allowed by domestic and international
law.
Sec. Acts of Torture – refer to the law.
4 (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or
more parts of the body (some examples: systematic beating, food deprivation, electric shock, submersion of head in
water, being tied, rape, mutilation or amputation, dental torture)
(b) Mental/Psychological Torture" refers to acts committed by a 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 dignity and morale, (some examples:
blindfolding, confinement in solitary cells, prolonged interrogation)
Atty. Abitria: Torture is a results crime - the punishment depends on the amount/ gravity of the results
Sec. Other Cruel, Inhuman and Degrading Treatment or Punishment. x x x not enumerated under Section 4 of this Act, inflicted by
5 a person in authority or agent of a person in authority against another person in custody, which attains a level of severity
sufficient to cause suffering, gross humiliation or debasement to the latter.
Sec. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An Absolute Right. - Torture and
6 other cruel, inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances. A state
of war or a threat of war, internal political instability, or any other public emergency, or a document or any
determination comprising an "order of battle" shall not and can never be invoked as a justification for torture
and other cruel, inhuman and degrading treatment or punishment.
Atty. Abitria: This is the “non-derogability” nature of Anti-torture
Ex. Ticking bomb – Can the government inflict torture on the person who planted the bomb so he will divulge the passcode
to stop the impending explosion? NO. The Anti-torture has a non-derogable nature. No amount of emergency can serve as
justification for torture.
Sec. Prohibited Detention. Secret detention places x x x are prohibited.
7
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Sec. Any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence in any
8 proceedings, except if the same is used as evidence against a person or persons accused of committing torture.
Sec. Disposition of Writs of Habeas Corpus, Amparo and Habeas Data Proceedings and Compliance with a Judicial Order. - A writ
10 of habeas corpus or writ of amparo or writ of habeas data proceeding, if any, filed on behalf of the victim of torture or other
cruel, degrading and inhuman treatment or punishment shall be disposed of expeditiously and any order of release by
virtue thereof, or other appropriate order of a court relative thereto, shall be executed or complied with immediately.
Sec. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not be absorbed by any other
15 crime or felony committed as a consequence, or as a means in the conduct or commission thereof. In which case, torture shall be
treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to any other
criminal liability provided for by domestic and international laws.
*Political offense doctrine, common crimes absorbs other crimes. (e.g. when killing is done in the furtherance of rebellion, the
killing is absorbed) Torture is an exception to the rule. It shall not absorb or shall not be absorbed by any other crime or
felony even if done in the furtherance thereof.
Sec. x x x persons who have committed any act of torture shall NOT benefit from any special amnesty law or similar measures
16 that will have the effect of exempting them from any criminal proceedings and sanctions.
Sec. Applicability of Refouler. No person shall be expelled, returned or extradited to another State where there are substantial
17 grounds to believe that such person shall be in danger of being subjected to torture.
Sec. (Victims of torture have the right to receive compensation – which in no case shall be lower than Php 10,000.00)
18
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a manifestation and Atty. Abitria: This case is not about the Anti-torture
omnibus motion to treat law but it was assigned to show you that torture
their existing petition as a really happens.
Writ of Amparo petition. CA
granted this and ordered
the Sec. of DND and AFP to
furnish the Manalos with
the official and unofficial
investigation reports
Sec. (a) Agents of the State refer to persons who, by direct provision of the law, popular election or appointment by competent
3(a) authority, shall take part in the 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. (b) Enforced or involuntary disappearance refers to
3(b) 1. the arrest, detention, abduction or any other form of deprivation of liberty committed
2. by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of
the State,
3. followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of
the disappeared person,
4. which places such person outside the protection of the law.
Sec. (c) Order of Battle refers to a document made by the military, police or any law enforcement agency of the government, listing the
3(c) names of persons and organizations that it perceives to be enemies of the State and which it considers as legitimate targets as
combatants that it could deal with, through the use of means allowed by domestic and international law.
Sec. Nonderogability of the Right Against Enforced Involuntary Disappearance - The right against enforced or involuntary
4 disappearance and the fundamental safeguards for its prevention shall not be suspended under any circumstance including
political instability, threat of war, state of war or other public emergencies.
Sec. (Order of battle is prohibited)
5
Sec. Duty to Report Victims of Enforced or Involuntary Disappearance. – Any person, not being a principal, accomplice or
7 accessory, who has an information of a case of enforced or involuntary disappearance or who shall learn of such information or
that a person is a victim of enforced or involuntary disappearance, shall immediately report in writing the circumstances and
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whereabouts of the victim to any office, detachment or division of the Department of the Interior and Local Government (DILG),
the Department of National Defense (DND), the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP),
the National Bureau of Investigation (NBI), the City or Provincial Prosecutor, the Commission on Human Rights (CHR) or any
human rights organization and, if known, the victim’s family, relative, or lawyer.
Sec. Duty to Certify in Writing on the Results of Inquiry into a Reported Disappeared Person’s Whereabouts. –In case a family member,
8 relative, lawyer, representative of a human rights organization or a member of the media inquires with a member or official of
any police or military detention center, the PNP or any of its agencies, the AFP or any of its agencies, the NBI or any other
agency or instrumentality of the government, as well as any hospital or morgue, public or private, on the presence or whereabouts
of a reported victim of enforced or involuntary disappearance, such member or official shall immediately issue a certification in
writing to the inquiring person or entity on the presence or absence and/or information on the whereabouts of such
disappeared person, stating, among others, in clear and unequivocal manner the date and time of inquiry, details of the
inquiry and the response to the inquiry.
Sec. Duty of Inquest/Investigating Public Prosecutor or any Judicial or Quasi-Judicial Official or Employee. –Any inquest or
9 investigating public prosecutor, or any judicial or quasi-judicial official or employee who learns that the person delivered for
inquest or preliminary investigation or for any other judicial process is a victim of enforced or involuntary disappearance shall
have the duty to immediately disclose the victim’s whereabouts to his or her immediate family, relatives, lawyer/s or to a
human rights organization by the most expedient means.
Sec. (All proceedings pertaining to the issuance of the writs of habeas corpus, amparo and habeas data shall be dispensed with
12 expeditiously.)
Sec. (Liability of a Commanding Officer - The immediate commanding officer of the unit concerned of the AFP or the immediate
14 senior official of the PNP and other law enforcement agencies shall be held liable as a principal x x x If such commanding
officer has knowledge of or, owing to the circumstances at the time, should have known that an enforced or involuntary
disappearance is being committed, x x x and, despite such knowledge, did not take preventive or coercive action either
before, during or immediately after its commission x x x
Sec. Section 15. Penal Provisions. – (a) The penalty of reclusion perpetua and its accessory penalties shall be imposed upon the
15 following persons:
(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;
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(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; and
(5) Those who cooperated in the execution of the act of enforced or involuntary disappearance by previous or
simultaneous acts.
(b) The penalty of reclusion temporal and its accessory penalties shall be imposed upon 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.
(c) The penalty of reclusion temporal and its accessory penalties shall also be imposed upon (accessories) x x x
(d) The penalty of prision correctional and its accessory penalties shall be imposed against persons 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.
(e) The penalty of arresto mayor and its accessory penalties shall be imposed against any person who shall violate the provisions
of Sections 6, 7, 8, 9 and 10 of this Act.
Sec. Government officials and personnel who are found to be perpetrators x x x shall be preventively suspended or summarily
16 dismissed from the service, depending on the strength of the evidence x x x
Sec Independent Liability. –The criminal liability of the offender under this Act shall be independent of or without prejudice to
18 the prosecution and conviction of the said offender for any violation of
Republic Act No. 7438, - Rights of Person Arrested, Detained or Under Custodial Investigation
Republic Act No. 9745, - Anti-Torture
Sec. Nonexclusivity or Double Jeopardy Under International Law. – Any investigation, trial and decision in any Philippines court, or
19 body for any violation of this Act shall; be without prejudice to any investigation, trial, decision or any other legal or
administrative process before any appropriate international court or agency under applicable international human rights
and humanitarian law.
20 Exemption from Prosecution. – Any offender who volunteers information that leads to the discovery of the victim of enforced or
involuntary disappearance or the prosecution of the offenders without the victim being found shall be exempt from any criminal
and/or civil liability under this Act: Provided, That said offender does not appear to be the most guilty.
Sec. Continuing Offense. – An act constituting enforced or involuntary disappearance shall be considered a continuing offense as long
21 as the perpetrators continue to conceal the fate and whereabouts of the disappeared person and such
circumstances have not been determined with certainty.
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Sec. Action does NOT PRESCRIBE unless the victim surfaces alive. In which case, the prescriptive period shall be twenty-five (25)
22 years from the date of such reappearance.
Sec. Persons who are changed with and/or guilty of the act of enforced or involuntary disappearance shall not benefit from any special
23 amnesty law or other similar executive measures that shall exempt them from any penal proceedings or sanctions.
Sec. Applicability of Refouler. –No person shall be expelled, returned or extradited to another State where there are substantial
24 grounds to believe that such person shall be in danger of being subjected to enforced or involuntary disappearance. For purposes
of determining whether such grounds exist, the Secretary of the Department, of Foreign Affairs (DFA) and the Secretary of the
Department of Justice (DOJ) in coordination with the Chairperson of the CHR, shall take into account all relevant
considerations including where applicable and not limited to, the existence in the requesting State of a consistent pattern of
gross, flagrant or mass violations of human rights.
Section 3(c) "Armed conflict" means any use of force or armed violence between States or a protracted armed violence between
governmental authorities and organized armed groups or between such groups within that State: Provided, That such force or armed
violence gives rise, or may give rise, to a situation to which the Geneva Conventions of 12 August 1949, including their common Article 3,
apply. Armed conflict may be international, that is, between two (2) or more States, including belligerent occupation; or non-international,
that is, between governmental authorities and organized armed groups or between such groups within a state. It does not cover internal
disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
Section 3(i) "Extermination" means the international infliction of conditions of life, inter alia, the deprivation of access to food
and medicine, calculated to bring about the destruction of a part of a population.
Section 3(o) "Perfidy" means acts which invite the confidence of an adversary to lead him/her to believe he/she is entitled to, or is obliged
to accord, protection under the rules of International Humanitarian Law, with the intent to betray that confidence, including but not
limited to:
(1) feigning an intent to negotiate under a flag of truce;
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Section 3(p) "Persecution" means the international42 and severe deprivation of fundamental rights contrary to international law by
reason of identity of the group or collectivity.
Section 4. War Crimes. - For the purpose of this Act, "war crimes" or "crimes against Interntional Human Humanitarian Law" means:
(a) In case of an international armed conflict, grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the
following acts against persons or property protected under provisions of the relevant Geneva Convention:
(1) Willful killing;
*LOOK AT THE ACTUS REUS 43Ex. Nagsurrender na, pinatay mo pa. Wilful na yun
(2) Torture or inhuman treatment, including biological experiments;
(3) Willfully causing great suffering, or serious injury to body or health;
(4) Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and
wantonly;
(5) Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(6) Arbitrary deportation or forcible transfer of population or unlawful confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war or other protected person to serve in the forces of a hostile power; and
(9) Unjustifiable delay in the repatriation of prisoners of war or other protected persons.
(b) In case of a non-international armed conflict, serious violations of common Article 3 to the four (4) Geneva Conventions of
12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including
member of the armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any
other cause;
(1) Violence to life and person, in particular, willful killings, mutilation, cruel treatment and torture;
(2) Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;
(3) Taking of hostages; and
42
Yes, international talaga.
43 Atty Iyok
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(4) The 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.
(c) Other serious violations of the laws and customs applicable in armed conflict, within the established framework of international
law, namely:
(1) Internationally directing attacks against the civilian population as such or against individual civilians not taking
direct part in hostilities;
(2) Intentionally directing attacks against civilian objects, that is, object which are not military objectives;
(3) x x x
MANY OTHER MEANS: REFER TO THE LAW
(25) x x x
Any person found guilty of commiting any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act.
Section 5. Genocide - (a) For the purpose of this Act, "genocide" means any of the following acts with intent to destroy, in whole or in
part, a national, ethnic, racial, religious, social or any other similar stable and permanent group as such:
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to members of the group;
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(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(4) Imposing measures intended to prevent births within the group; and
(5) Forcibly transferring children of the group to another group.
(b) It shall be unlawful for any person to directly and publicly incite others to commit genocide.
Section 6. Other Crimes Against Humanity. - For the purpose of this act, "other crimes against humanity" means any of the following
acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of
comparable gravity;
(h) 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;
(i) Enforced or involuntary disappearance of persons;
(j) Apartheid; and
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or
physical health.
Any person found guilty of committing any of the acts specified herein shall suffer the penalty provided under Section 7 of this Act.
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(2) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(3) 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. Such contribution shall be intentional and shall either:
(i) be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity
or purpose involves the commission of a crime defined in this Act; or
(ii) be made in the knowledge of the intention of the group to commit the crime.
(b) Accomplices - punished
(c) Attempted stage – punished
Section 9. Irrelevance of Official Capacity. - This Act 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 Act, nor shall it, in and of itself, constitute a
ground for reduction of sentence. However:
(a) 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;
Section 10. Responsibility of Superiors. - In addition to other grounds of criminal responsibility for crimes defined and penalized
under this Act, a superior shall be criminally responsible as a principal x x x
(a) That superior either knew or, owing to the circumstances at the time, should have known that the subordinates
were committing or about to commit such crimes;
(b) That superior 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.
Section 11. Non-prescription. - The crimes defined and penalized under this Act, x x x shall not be subject to any prescription.
Section 12. 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:
(a) The person was under a legal obligation to obey orders of the government or the superior in question;
(b) The person did not know that the order was unlawful; and
(c) The order was not manifestly unlawful.
For the purposes of this section, orders to commit genocide or other crimes against humanity are manifestly unlawful.
Section 15. (Philippine courts shall be guided by other international laws such as 1948 Genocide Convention, Geneva Convention, Hague
Convention etc.)
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Section 17. [EXTRA TERRITORIAL] 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:
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 be the appropriate international
court, if any, or to another State pursuant to the applicable extradition laws and treaties.
No criminal proceedings shall be initiated against foreign nationals suspected to have committed 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 after having been
convicted, already serving their sentence.
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Ocampo v A mass grave in Leyte W/N political offense doctrine NO. Under the political offense doctrine, “common
Abando contained skeletons of applies, thus warranting the crimes”, perpetrated in the furtherance of a political
persons suspected victims of dismissal of the murder cases offense, are divested of their character as “common”
“Operation Venereal offenses and assume the political complexion of the
Disease” launched by the main crime of which they are mere ingredients.
CPP-NPA to assassinate
suspected military Thus when a killing is committed in the furtherance
informers. Relatives of the of rebellion, the killing is not homicide or murder.
victims filed complaints Rather killing assumes the political complexion of
against 71 members of the rebellion as its mere ingredient and must be
CPP-NPA for murder. prosecuted as rebellion alone.
Judge Abando of RTC Leyte
issued arrest warrants Leonen’s Separate Opinion:
pursuant to this. Ocampo He concurred with the main decision that the
argued that a case against case should be remanded for the ascertainment if
them for rebellion was the separate charges of murder were committed
pending in RTC Makati and in furtherance of rebellion.
argues that common crimes
are absorbed in rebellion On the basis of International Humanitarian
when committed as a Law, inhumane acts should not be under the
necessary means, in guise of political doctrine.
connection with and in
furtherance of rebellion.
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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 and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed
by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and 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 in any
proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or 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 and of no effect.
(f) 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 Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the President. The person's "immediate family" shall
include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or
niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include 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.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting
preliminary investigation or those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided
that if the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided,
That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the
province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the
investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.
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DECRIMINALIZATION OF VAGRANCY
REPUBLIC ACT NO. 10158
Atty. Abitria’s discussion:
RA 9344 – Juvenile Justice and Welfare Act – Decriminalized vagrancy for
children RA 10158 (enacted 2012) – Decriminalized vagrancy even for adults
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(l) Firearm refers to any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel
a bullet, shot, slug, missile or any projectile, which is discharged by means of expansive force of gases from burning gunpowder
or other form of combustion or any similar instrument or implement. For purposes of this Act, the barrel, frame or receiver is
considered a firearm.
(q) Imitation firearm refers to a replica of a firearm, or other device that is so substantially similar in coloration and overall
appearance to an existing firearm as to lead a reasonable person to believe that such imitation firearm is a real firearm. *Sumpak-
an improvised firearm, without serial number, is it an imitation firearm? / Aerosoft? Used for recreational purposes?
(r) Licensed citizen refers to any Filipino who complies with the qualifications set forth in this Act and duly issued with a
license to possess or to carry firearms outside of the residence in accordance with this Act.
(s) Licensed, juridical entity refers to corporations, organizations, businesses including security agencies and local
government units (LGUs) which are licensed to own and possess firearms in accordance with this Act.
(t) Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and carbines, submachine guns, assault
rifles and light machine guns not exceeding caliber 7.62MM which have fully automatic mode; and Class-B Light weapons
which refer to weapons designed for use by two (2) or more persons serving as a crew, or rifles and machine guns exceeding
caliber 7.62MM such as heavy machine guns, handheld underbarrel and mounted grenade launchers, portable anti-aircraft
guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable launchers of
anti-aircraft missile systems, and mortars of a caliber of less than 100MM.
(u) Long certificate of registration refers to licenses issued to government agencies or offices or government-owned or -controlled
corporations for firearms to be used by their officials and employees who are qualified to possess firearms as provider in this Act,
excluding security guards.
(v) 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.
(y) Permit to carry firearm outside of residence refers to a written authority issued to a licensed citizen by the Chief of the
PNP which entitles such person to carry his/her registered or lawfully issued firearm outside of the residence for the duration
and purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority issued to a licensed citizen or entity by the Chief of the PNP or by a
PNP Regional Director which entitles such person or entity to transport a particular firearm from and to a specific location within
the duration and purpose in the authority.
*Permit to carry is different from permit to transport.
(cc) Short certificate of registration refers to a certificate issued by the FEO of the PNP for a government official or employee who
was issued by his/her employer department, agency or government-owned or -controlled corporation a firearm covered by the
long certificate of registration.
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(dd) Small arms refer to firearms intended to be or primarily designed for individual use or that which is generally considered to
mean a weapon intended to be fired from the hand or shoulder, which are not capable of fully automatic bursts of discharge,
such as:
(1) Handgun which is a firearm intended to be fired from the hand, which includes:
a. A pistol which is a hand-operated firearm having a chamber integral with or permanently aligned with the
bore which may be self-loading; and
b. Revolver which is a hand-operated firearm with a revolving cylinder containing chambers for individual
cartridges.
(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that can discharge a bullet through a
rifled barrel by different actions of loading, which may be classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number of ball shots or a single projectile through
a smooth bore by the action or energy from burning gunpowder.
4 Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess Firearms. – In order to qualify
and acquire a license to own and possess a firearm or firearms and ammunition, the applicant must be a Filipino citizen, at least
twenty-one (21) years old and has gainful work, occupation or business or has filed an Income Tax Return (ITR) for the preceding
year as proof of income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate authorities attesting the following:
(a) The applicant has not been convicted of any crime involving moral turpitude;
(b) The applicant has passed the psychiatric test administered by a PNP-accredited psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the PNP or a registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm which shall state the personal circumstances
of the applicant;
(f) The applicant must present a police clearance from the city or municipality police office; and
(g) The applicant has not been convicted or is currently an accused in a pending criminal case before any court of law for a crime
that is punishable with a penalty of more than two (2) years.
An acquittal or permanent dismissal of a criminal case before the courts of law shall qualify the accused x x x
Applicant shall pay licensing fees.
5 Section 5. Ownership of Firearms and Ammunition by a Juridical Entity. – A juridical person maintaining its own security force
may be issued a regular license to own and possess firearms and ammunition under the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and Exchange Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; and
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(d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal Revenue.
The application shall be made in the name of the juridical person represented by its President or any of its officers mentioned
below as duly authorized in a board resolution to that effect: Provided, That the officer applying for the juridical entity,
shall possess all the qualifications required of a citizen applying for a license to possess firearms. (Other eligible officers: the
vice president, treasurer, and board secretary.)
Security agencies and LGUs shall x x x be subject to additional requirements as may be required by the Chief of the PNP.
7 Section 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to carry firearms outside of residence
shall be issued by the Chief of the PNP or his/her duly authorized representative to any qualified person whose life is under
actual threat or his/her life is in imminent danger due to the nature of his/her profession, occupation or business.
It shall be the burden of the applicant to prove that his/her life is under actual threat by submitting a threat
assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent danger due to the nature of their profession,
occupation or business:
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or undertaking, are exposed to high risk of being targets of
criminal elements.
9 Section 9. Licenses Issued to Individuals. – Subject to the requirements set forth in this Act and payment of required fees to be
determined by the Chief of the PNP, a qualified individual may be issued the appropriate license under the following categories;
Type 1 license – allows a citizen to own and possess a maximum of two (2) registered firearms;
Type 2 license – allows a citizen to own and possess a maximum of five (5) registered firearms; Type
3 license – allows a citizen to own and possess a maximum of ten (10) registered firearms;
Type 4 license – allows a citizen to own and possess a maximum of fifteen (15) registered firearms; and
Type 5 license – allows a citizen, who is a certified gun collector, to own and possess more than fifteen (15) registered
firearms. For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security measures for the
safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements.
10 Section 10. Firearms That May Be Registered. –
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Small arms ONLY! may be registered by licensed citizens or licensed juridical entities for ownership, possession and
concealed carry.
Light weapons- exclusively for AFP, the PNP and other law enforcement agencies authorized by the President in the
performance of their duties: Those private individuals with licensed Class A light weapons upon the effectivity of this act
may have their license renewed.
12 Section 12. License to Possess Ammunition Necessarily Included. – The licenses granted to qualified citizens or juridical entities
as provided in Section 9 of this Act shall include the license to possess ammunition with a maximum of fifty (50) rounds for each
registered firearm
**Do you need a separate license for ammo? No. Before you need a separate license for firearms. Now you don’t need a
separate license.
18 Section 18. Firearms for Use in Sports and Competitions. – A qualified individual shall apply for a permit to transport
his/her registered firearm/s from his/her residence to the firing range/s and competition sites as may be warranted.
19 Section 19. Renewal of Licenses and Registration. – Firearm shall be renewed
All types of licenses to possess - every two (2) years. Failure to renew - revocation of the license and of the registration of the
firearm/s under said licensee.
The registration of the firearm shall be renewed every four (4) years. Failure to renew - revocation of the license of the firearm.
The said firearm shall be confiscated or forfeited in favor of the government after due process.
Failure to renew a license or registration within the periods stated above on two (2) occasions shall cause the holder of the
firearm to be perpetually disqualified from applying for any firearm license. The application for the renewal of the license or
registration may be submitted to the FEO of the PNP, within six (6) months before the date of the expiration of such license or
registration.
26 Section 26. Death or Disability of Licensee. – Upon the death or legal disability of the holder of a firearm license, it shall be the
duty of his/her next of kin, nearest relative, legal representative, or other person who shall knowingly come into possession of
such firearm or ammunition, to deliver the same to the FEO of the PNP or Police Regional Office, and such firearm or
ammunition shall be retained by the police custodian pending the issuance of a license and its registration in accordance, with
this Act. The failure to deliver the firearm or ammunition within six (6) months after the death or legal disability of the
licensee shall render the possessor liable for illegal possession of the firearm.
*Can Pedro display his deceased father’s unlicensed firearm in his house?
Ownership of the gun can pass to Pedro, but Pedro has to secure a license to possess. Firearm has to be surrendered to the FEO
if he fails to obtain a license.
*Pedro after his father’s death brings the gun to crame. He gets intercepted while on his way. He could not produce a Permit
to transport firearm. Is he liable? NO. People v Dela Rosa – Pedro has no intent to possess
28 Unlawful Acquisition, or Possession of Firearms and Ammunition.
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*Separate information – Ex.38 cal – 1 info / .45 cal- 1 info. WHY? The law provides different penalties depending on the type
of gun.
29 Section 29. Use of Loose Firearm in the Commission of a Crime. –
(1) 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
Ex. Murder / Homicide results from the use of an unlicensed firearm, the crime is Murder aggravated by illegal possession
of firearm
(2) 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:
(3) 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.
Use of firearm is aggravating UNLESS lower penalty is imposed
Ex: New Year, Pedro uses a loose firearm and causes alarms and scandals. (Prision mayor – use of loose firearm +
Arresto mayor – for causing alarm)
(4) If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of rebellion of
insurrection, or attempted coup d’ etat, such violation shall be absorbed as an element of the crime of rebellion or
insurrection, or attempted coup d’ etat.
(5) If the crime is committed by the person without using the loose firearm, the violation of this Act shall be considered as a
distinct and separate offense.
Ex. Pedro caught selling drugs and carrying an unlicensed firearm (unused) – Separate crimes
31 Absence of Permit to Carry Outside of Residence.
32 Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts Thereof, Machinery, Tool
or Instrument Used or Intended to be Used in the Manufacture of Firearms, Ammunition or Parts Thereof
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37 Violation of this act carries an accessory penalty of confiscation and forfeiture of the firearm in favour of the Gov’t
38 Planting Evidence
40 Failure to Notify Lost or Stolen Firearm or Light Weapon (this includes failure of a licensee to inform the FEO that he changed
residence)
41 Illegal Transfer/Registration of Firearms
44Animus possidendi is a state of mind which may be determined on a case to case basis, taking into consideration the prior and coetaneous
acts of the accused and the surrounding circumstances.
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Padilla v CA Robin Padilla was involved W/N Robin Padilla is liable YES. The requisites are present in this case.
in a hit and run. Policemen under PD 1866 Requisites of illegal possession:
caught him in possession of (1) the existence of the subject firearm and
firearms. When asked to (2) the fact that the accused who owned or possessed
produce license, he was not such, did not have the license or permit to possess or
able to produce any. carry.
Palaganas v Ferrer v Palaganas bros. W/N use of unlicensed Use of unlicensed firearm is a special aggravating
People were involved in a fist fight. firearm in committing circumstance and not merely a generic aggravating
One of the Palaganas homicide or murder is a circumstance.
brothers went to the house qualifying or generic
of his uncle. Uncle then aggravating circumstance. Under PD 1866
shot the three Ferrer “If homicide or murder is committed with the use of
brothers, Servillano in the an unlicensed firearm, such use of an unlicensed
abdomen area, Melton in firearm shall be considered as an aggravating
the head and Michael in the circumstance.”
right shoulder
But it was silent as to w/n it’s special or generic.
Lower courts applied generic since it’s more
favorable to the accused.
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PUBLIC MORALS
GAMBLING AND BETTING
PRESIDENTIAL DECREE NO. 1612
REPUBLIC ACT NO. 9287
Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game shall suffer the following penalties:
a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such person acts as a bettor;
b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years, if such person acts as a personnel or staff of
an illegal numbers game operation;
The same penalty shall likewise be imposed to any person who allows his vehicle, house, building or land to be used in the
operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10) years, if such person acts as a collector or agent;
d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12) years, if such person acts as a
coordinator, controller or supervisor;
e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10) fourteen (14) years, if such person acts as
a maintainer, manager or operator; and
f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen (16) years, if such person acts as a financier
or capitalist;
g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty (20) years, if such person acts as protector or
coddler.
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DANGEROUS DRUGS
REPUBLIC ACT NO. 9165
LI-Death and Fine (500k -10M) Importer of dangerous drug (DD) (Unless authorized)
Importer of controlled precursor and essential
12 y -20y and Fine (100k-500k)
chemical (CPEC)
Importation of Dangerous Drugs and/or Controlled Maximum penalty + Imports DD or CPEC using diplomatic passport,
4
Precursors and Essential Chemicals confiscation and cancellation of diplomatic facilities, official status to facilitate
passport unlawful entry
Maximum penalty Financier
12 y -20y and Fine (100k-500k) Protector/Coddler
Persons who sell, trade, administer, dispense, deliver,
give away to another, distribute dispatch in transit or
LI-Death and Fine (500k -10M)
transport any dangerous drug OR a broker in any of
such transactions (Unless authorized)
Persons who sell, trade, administer, dispense, deliver,
give away to another, distribute dispatch in transit or
12 y -20y and Fine (100k-500k)
transport any CPEC OR a broker in any of such
transactions (Unless authorized)
Sale, Trading, Administration, Dispensation, Delivery, If sale etc. of any dangerous drug and/or controlled
5 Distribution and Transportation of Dangerous Drugs Maximum penalty precursor and essential chemical transpires within
and/or Controlled Precursors and Essential Chemicals one hundred (100) meters from the school
Pushers who use minors or mentally incapacitated
Maximum penalty
individuals as runners, couriers and messengers,
Maximum penalty If victim is a minor / mentally incapacitated
Maximum penalty Financier
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LI-Death and Fine (500k -10M) Manufacturer of dangerous drugs (unless authorized)
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Drugs and/or Controlled Precursors and Essential under circumstances where one reasonably should
Chemicals. know, that it will be used to plant, propagate,
cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze,
pack, repack, store, contain or conceal any dangerous
drug and/or controlled precursor and essential
chemical
If it will be used to inject, ingest, inhale or otherwise
6m1d to 4y and Fine (10k-50k) introduce into the human body a dangerous drug in
violation of this Act.
uses a minor or a mentally incapacitated individual to
Maximum penalty deliver such equipment, instrument, apparatus and
other paraphernalia for dangerous drugs.
Possession of 10g (opium, morphine, heroin, cocaine,
cocaine HCL, marijuana resin/marijuana resin oil,
LI-Death and Fine (500k -10M)
ecstasy, LSD, PMA, TMA, GHB), 500g marijuana, 50g
shabu
LI and Fine (400k-500k) If shabu is 10 to less than 50g
5-less than 10g of opium, morphine, heroin, cocaine,
11 Possession of Dangerous Drugs cocaine HCL, marijuana resin/marijuana resin oil,
20y1d-LI and Fine (400k-500k)
ecstasy, LSD, PMA, TMA, GHB, shabu
300 to less than 500 of marijuana
Less than 5 g opium, morphine, heroin, cocaine,
12y1d to 20y1d and Fine cocaine HCL, marijuana resin/marijuana resin oil,
(300k-400k) ecstasy, LSD, PMA, TMA, GHB, shabu
Less than three hundred (300) grams of marijuana.
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Laboratory Equipment Including the Proceeds or properties obtained from the unlawful acts as
Properties Obtained from the Unlawful Act Committed. provided for in this Act.
Removed from office and
perpetually disqualified from
Elective local or national official found to have
holding any elective or
benefited from the proceeds of the trafficking of
appointive positions in the
dangerous drugs, or have received any financial or
government, its divisions,
material contributions or donations from natural or
subdivisions, and
juridical persons found guilty of trafficking dangerous
intermediaries, including
drugs
government-owned or –
controlled corporations.
If those found guilty of such unlawful acts are
Maximum penalty + addition government officials and employees.
Criminal Liability of Government Officials and to absolute perpetual
28
Employees disqualification from public *What if through negligence? – RPC –Malversation of
office public property – misappropriation of government
property
"planting" any dangerous drug and/or controlled
29 Criminal Liability for Planting of Evidence Death
precursor and essential chemical
Penalty provided for the A partnership, corporation, association or any
offense under this Act shall be juridical entity, the partner, president, director,
Criminal Liability of Officers of Partnerships,
30 imposed upon the partner, manager, trustee, estate administrator, or officer who
Corporations, Associations or Other Juridical Entities
president, director, manager, consents to or knowingly tolerates such violation shall
etc. be held criminally liable as a co-principal.
After service of sentence, be
deported immediately without
31 Additional Penalty if Offender is an Alien Alien
further proceedings, unless the
penalty is death.
Liability to a Person Violating Any Regulation Issued
32 6m1d to 4y and Fine (10k-50k) Violator of the regulation
by the Board.
45
See Estipona v Lobrigo
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(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous
drug and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Atty. Abitria: Take note, not all of the prohibited acts are punished in an attempted stage or when in a conspiracy
27 (Liability of a public officer who misappropriates - any public officer or employee who misappropriates, misapplies or fails to
account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained
from the unlawful acts as provided for in this Act.)
*What if through negligence the public officer misappropriates? – He will be punished under RPC – Malversation of Public
Property because the articles involved in RA 9165 are public property.
33 Immunity from Prosecution and Punishment. – Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of
Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any
person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives information about any
violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by
a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who
willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for the offense with
reference to which his/her information of testimony were given, and may plead or prove the giving of such information and
testimony in bar of such prosecution: Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except
when there is no other direct evidence available for the State other than the information and testimony of
said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of
immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty
for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct
evidence available for the State except for the information and testimony of the said informant or witness.
54 Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation - A drug dependent or any person
who violates Section 15 of this Act may, by himself/herself or through his/her parent, spouse, guardian or relative within the
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fourth degree of consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment
and rehabilitation of the drug dependency
55 Exemption from the Criminal Liability Under the Voluntary Submission Program. A drug dependent under the voluntary
submission program, who is finally discharged from confinement, shall be exempt from the criminal liability under Section
15 (subject to conditions)
66 RA 9344 – Juvenile Justice and Welfare Act now applies.
Suspension of Sentence of a First-Time Minor Offender. – An accused who is over fifteen (15) years of age at the time of the
commission of the offense mentioned in Section 11 of this Act, but not more than eighteen (18) years of age at the time when
judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a
suspended sentence
70 Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment.
R.A. 9165 Sec. 21- June 7, 2002 R.A. 10640 Sec. 21 (Amendment) – July 15, 2014
(1) The apprehending team having initial custody and control of (1) The apprehending team having initial custody and control of
the drugs shall, immediately after seizure and confiscation, the drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the presence of physically inventory and photograph the same in the presence of
the accused or the person/s from whom such items were confiscated the accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a and/or seized, or his/her representative or counsel, with an
representative from the media and the Department of elected public official and a representative of the National
Justice (DOJ), AND any elected public official who shall be Prosecution Service OR the media who shall be required to
required to sign the copies of the inventory and be given a copy sign the copies of the inventory and be given a copy thereof;
thereof;
Provided, That the physical inventory and photograph shall
be conducted at the place where the search warrant
is served; or at the nearest police station or at the
nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless
seizures:
Provided finally, that noncompliance of these requirements
under justifiable grounds, as long as the integrity
and the evidentiary value of the seized items are
properly preserved by the apprehending officer/
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46
See People v Lim (Jan 2018) case for the application of this exception
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miss most of the parts of The dangerous drug itself constitutes the very corpus
the search. Police alleged delicti of the offense and the fact of its existence is
that 2 sachets of shabu fell vital to judgment of conviction.
from the pillow and 5 Chain of custody rule – required that the admission
sachets were found in the of an exhibit be preceded by evidence sufficient to
bedroom support a finding that the matter in question is what
the proponent claims it to be. It includes the
testimony about every link in the chain, from the
moment that the item was picked up to the time it is
offered in evidence
People v Garcia Buy-bust – Police posed as RTC convicted the accused of NO. Not proven beyond reasonable doubt
poseur buyer, bought RA 9165. CA Affirmed SECTION 5 – Illegal Sale Elements:
Marijuana and gave 1. Identity of the buyer, seller, the object and
marked money. No physical W/N Accused is guilty? the consideration
inventory was made. No 2. The delivery of the thing sold and the
photos of the drug were payment therefor
taken. The police marked Corpus delicti – the body or substance of the
the crime that establishes that a crime has
actually been committed, as shown by
presenting the object
In the present case, the object is marijuana
which the prosecution must present and prove in
court to be the same item seized from the
accused. It is in this respect that the prosecution
failed.
Zalameda v The police received a tip W/N the accused are guilty of YES.
People that there was an ongoing violating Sections 11 and 12 SECTION 11 – Illegal Possession Elements:
pot session in Brgy. Tejeros, of the RA 9165 1. Possession by the accused of an item or object
Makati. The police found identified to be a prohibited drug.
Zalameda and Villaflor 2. The possession is not authorized by law
sniffing crystalline subs. In 3. The free and conscious possession of the
the bed. drug by the accused
SECTION 12 – Illegal Possession of Equipment and
other paraphernalia Elements:
1. The possession or control by the accused of
any equipment, apparatus or other
paraphernalia for or intended for smoking,
consuming, administering, injecting,
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granted the Motion because thereby, and the instruments or tools with
it was shown that the car which the particular unlawful act was
belongs to a third party, committed, unless they are the property of a third
Mrs. Brodett who allegedly person not liable for the unlawful act, x x x shall be
had no knowledge of the ordered destroyed without delay pursuant to the
crime. provisions of Section 21 of this Act.”
of the case in the RTC and 2. Turnover of the drugs seized to the
the question of whether the investigating officer - No testimony from
officers substantially the witnesses as to the turnover of the items
complied with the custody to Jamisolamin, the investigating officer.
procedure required under 3. Turnover by the investigating officer to
RA 9165. the forensic chemist for lab examination
Engr. Ma. Luisa Gundran the forensic
chemist did not appear in court despite
numerous subpoenas.
4. Turnover and submission by the
chemist to the court. No testimonial or
documentary evidence was given as to how
the drugs were kept while in custody of the
chemist until it was transferred to the court.
People v Pavia Police marked the plastic W/N the proper chain of Non-compliance with the procedural requirements
sachet he seized with "JP," - custody was observed under RA 9165 and its IRR relative to the custody,
initials of Jeric Pavia while photographing, and drug-testing of the apprehended
that taken from appellant persons, is not a serious flaw that can render void
Buendia was marked with the seizures and custody of drugs in a buy-bust
"JB," representing the operation the preservation of the integrity and
initials of Juan Buendia. the evidentiary value of the seized items, as the
The plastic sachets tested same would be utilized in the determination of the
positive for "shabu." The guilt or innocence of the accused."
appellants claim that the
apprehending team failed to
strictly comply with the
requirements of Sec. 21 (1)
of RA 9165.
People v Charged with illegal sale W/N the accused is guilty of No. The chain of custody should be established from
Santiago and illegal use. She was illegal sale and use the time the seized drugs were confiscated and
caught in a buy-bust eventually marked until the same is presented
operation. She challenged during trial.
the validity of her arrest
Estipona Jr. v Salvador Estipona is W/N 9165’s prohibition on NO. SECTION 23 OF RA 9165 IS DECLARED
Lobrigo charged for Possession of plea-bargaining is UNCONSTITUTIONAL
Dangerous Drugs. He constitutional The Court explained that the power to promulgate
Aug 15 2017 moved to engage in a plea- rules concerning procedure in all courts is exclusive
5 and 11 of RA 9165.
Despite exerting efforts to Physical inventory should be conducted in the
secure attendance by presence of (1) an elected public official and (2) a
representative from representative of the National Prosecution Service or
media, barangay officials, the media who shall be required to sign the copies of
nobody arrived to witness the inventory and be given a copy thereof.
the inventory taking. Provided, That the physical inventory and
(required to under the IRR). photograph shall be conducted at the place where the
Lim’s urine sample yielded search warrant is served; or at the nearest police
positive for presence of station or at the nearest office of the apprehending
shabu, Gorres (-) officer/team, whichever is practicable, in case of
warrantless seizures:
(e) Motor vehicle refers to any vehicle propelled by any power other than muscular power using the public highways, except
1. road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks,
and cranes if not used on public highways;
2. vehicles which run only on rails or tracks; and
3. tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be
classified as a separate motor vehicle with no power rating;
*Is a golf cart covered? No. it’s not used on public highways. In such case, the crime would either be theft or robbery.
* T/F All motorized vehicles are covered in the Anti-Carnapping Act – False. *Expns
* Taking of a pison? Covered? No. It does not have a plate number – not registered. It is not meant to be used on public hwy,
3 Section 3. Carnapping; Penalties.— Carnapping is the taking, with intent to gain, of a motor vehicle belonging to another
without the latter’s consent, or by means of violence against or intimidation of persons, or by using force upon things.
Elements of Carnapping:
1. Taking of a motor vehicle belonging to another
2. Without consent or by means of force and intimidation
3. Intent to gain.
Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be punished by
Imprisonment for not less than twenty (20) years and one (1) day but not more than thirty (30) years, when the
carnapping is committed without violence against or intimidation of persons, or force upon things; and by
Imprisonment for not less than thirty (30) years and one (1) day but not more than forty (40) years, when the
carnapping is committed by means of violence against or intimidation of persons, or force upon things; and the
Penalty of life imprisonment shall be imposed when the owner, driver, or occupant of the carnapped
motor vehicle is killed or raped in the commission of the carnapping.
Any person charged with carnapping or when the crime of carnapping is committed by criminal groups, gangs or
syndicates or by means of violence or intimidation of any person or persons or forced upon things; or when the
owner, driver, passenger or occupant of the carnapped vehicle is killed or raped in the course of the
carnapping shall be denied bail when the evidence of guilt is strong.
14 Section 14. Defacing or Tampering with Serial Numbers of Motor Vehicle Engines, Engine Blocks and Chassis.— It shall be
unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle
engines, engine blocks and chassis.
Atty. Abitria: “UNLAWFUL” but the law does not provide penalties.
15 Identity Transfer.— It shall be unlawful for any person, office or entity to cause and/or allow the sale, registration, and/or
transfer into another name, the chassis number, engine number and plate number of a motor vehicle declared as “total wreck”
or beyond economic repair by concerned insurance company, and/or law enforcement agencies, due to its involvement in a
vehicular accident or for some other causes. The LTO shall cancel the registration of total wreck vehicle as reported by the
PNP and/or as declared by the Insurance Commission.
16 Transfer of Vehicle Plate.— It shall be unlawful for any person, office or entity to transfer or use a vehicle plate from one
vehicle to another without securing the proper authority from the LTO.
18 Section 18. Foreign Nationals.— Foreign nationals convicted under the provisions of this Act shall be deported immediately
after service of sentence without further proceedings by the Bureau of Immigration.
ARSON
PRESIDENTIAL DECREE 1613
REPUBLIC ACT NO. 7659 (amending A-320 of the RPC)
ARTICLES 320-326B
Three kinds:
Article 320. Destructive Arson. - The penalty of reclusion perpetua to death shall be imposed upon any person who shall burn:
1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous
burnings, committed on several or different occasions.
2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate
for a definite purpose such as, but not limited to, official governmental function or business, private transaction,
commerce, trade, workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to
hotels, motels, transient dwellings, public conveyances or stops or terminals, regardless of whether the offender had
knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the
building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use,
entertainment or leisure.
4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of
public utilities
5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation
The penalty of reclusion perpetua to death shall also be imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse, archives or
general museum of the Government.
2. In an inhabited place, any storehouse or factory of inflammable or explosive materials.
Section 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed if the property burned is any of
the following:
1. Any building used as offices of the government or any of its agencies;
2. Any inhabited house or dwelling
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse. [italics and emphasis ours]
47
See People v Macabando
ACCESS DEVICES
REPUBLIC ACT NO. 8484
Sec. RA 8484
2 (a) Access Device – means any card, plate, code, account number, electronic serial number, personal identification
number, or other telecommunications service, equipment, or instrumental identifier, or other means of account
access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of
funds (other than a transfer originated solely by paper instrument);
(b) Counterfeit Access Device – means any access device that is counterfeit, fictitious, altered, or forged, or an
identifiable component of an access device or counterfeit access device;
(c) Unauthorized Access Device – means any access device that is stolen, lost, expired, revoked, canceled, suspended, or obtained
with intent to defraud;
(d) Access Device Fraudulently Applied for – means any access device that was applied for or issued on account of the use of
falsified document, false information, fictitious identities and addresses, or any form of false pretense or misrepresentation;
(f) Credit Card – means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, goods,
property, labor or services or any thing of value on credit;
(g) Device Making or Altering Equipment – means any equipment, mechanism or impression designed or primarily used
for making or altering or reencoding an access device or a counterfeit access device;
(l) Trafficking – means transferring, or otherwise disposing of, to another, or obtaining control of, with intent to transfer
or dispose of.
Prepaid card is an access device
PLDT account number is an access device.
9 Prohibited Acts. – The following acts shall constitute access device fraud and are hereby declared to be unlawful:
(a) producing, using, trafficking in one or more counterfeit access devices;
(b) trafficking in one or more unauthorized access devices or access devices fraudulently applied for;
(c) using, with intent to defraud, an unauthorized access device;
(d) using an access device fraudulently applied for;
(e) possessing one or more counterfeit access devices or access devices fraudulently applied for;
(f) producing, trafficking in, having control or custody of, or possessing device-making or altering equipment without being in
the business or employment, which lawfully deals with the manufacture, issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise to produce, use, traffic in
counterfeit access devices, unauthorized access devices or access devices fraudulently applied for;
(h) multiple imprinting on more than one transaction record, sales slip or similar document, thereby making it appear that the
device holder has entered into a transaction other than those which said device holder had lawfully contracted for, or
submitting, without being an affiliated merchant, an order to collect from the issuer of the access device, such extra sales slip
through an affiliated merchant who connives therewith, or, under false pretenses of being an affiliated merchant, present for
collection such sales slips, and similar documents;
(i) disclosing any information imprinted on the access device, such as, but not limited to, the account number or name
or address of the device holder, without the latter's authority or permission;
(j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain
and fleeing thereafter;
(k) having in one's possession, without authority from the owner of the access device or the access device company, an access
device, or any material, such as slips, carbon paper, or any other medium, on which the access device is written, printed,
embossed, or otherwise indicated;
(l) writing or causing to be written on sales slips, approval numbers from the issuer of the access device of the fact of approval,
where in fact no such approval was given, or where, if given, what is written is deliberately different from the approval actually
given;
(m) making any alteration, without the access device holder's authority, of any amount or other information written on the
sales slip;
(n) effecting transaction, with one or more access devices issued to another person or persons, to receive payment or any other
thing of value;
(o) without the authorization of the issuer of the access device, soliciting a person for the purpose of:
1) offering an access device; or
2) selling information regarding or an application to obtain an access device; or
(p) without the authorization of the credit card system member or its agent, causing or arranging for another person to present
to the member or its agent, for payment, one or more evidence or records of transactions made by credit card.
11 Conspiracy to commit access device fraud.
12 Frustrated and attempted access device fraud.
13 Accessory to access device fraud.
14 Section 14. Presumption and prima facie evidence of intent to defraud. – The mere possession, control or custody of:
(a) an access device, without permission of the owner or without any lawful authority;
(b) a counterfeit access device;
(c) access device fraudulently applied for;
(d) any device-making or altering equipment by any person whose business or employment does not lawfully deal with
the manufacture, issuance, or distribution of access device;
(e) an access device or medium on which an access device is written, not in the ordinary course of the possessor's trade
or business; or
(f) a genuine access device, not in the name of the possessor, or not in the ordinary course of the possessor's trade or business,
shall be prima facie evidence that such device or equipment is intended to be used to defraud.
BANK SECRECY
REPUBLIC ACT NO. 1405 (LOCAL)
2 All deposits of whatever nature with banks or banking institutions in the Philippines including investments in bonds issued
by the Government of the Philippines, its political subdivisions and its instrumentalities, are hereby considered as of an
absolutely confidential nature and may not be examined, inquired or looked into by any person, government
official, bureau or office except
1. Upon WRITTEN permission of the depositor
2. In cases of impeachment
3. Upon order of a competent court in cases of bribery or dereliction of duty of public officials
4. In cases where the money deposited or invested is the subject matter of litigation
48
There are four exceptions in local deposits, but only ONE in foreign deposits: Written permission of the depositor
deposits shall be exempt from attachment, garnishment or any other order or process of any court, legislative body, government
agency or any administrative body whatsoever.
MONEY LAUNDERING
REPUBLIC ACT NO. 9160
REPUBLIC ACT NO. 9194
REPUBLIC ACT NO. 10167
REPUBLIC ACT NO. 10365
REPUBLIC ACT NO. 10927
SEC Money Laundering
3 a) "Covered institution" refers to:
1. banks, non-banks, quasi-banks, trust entities, and all other institutions and their subsidiaries and affiliates
supervised or regulated by the Bangko Sentral ng Pilipinas (BSP);
2. insurance companies and all other institutions supervised or regulated by the Insurance Commission; and
3. (i) securities dealers, brokers, salesmen, investment houses and other similar entities managing securities or rendering
services as investment agent, advisor, or consultant, (ii) mutual funds, close-end investment companies, common trust
funds, pre-need companies and other similar entities, (iii) foreign exchange corporations, money changers, money
payment, remittance, and transfer companies and other similar entities, and (iv) other entities administering or
otherwise dealing in currency, commodities or financial derivatives based thereon, valuable objects, cash substitutes
and other similar monetary instruments or property supervised or regulated by Securities and Exchange Commission
and Exchange Commission
(b) Covered transaction' is a transaction in cash or other equivalent monetary instrument involving a total amount in
excess of Five hundred thousand pesos (PhP 500,000.00) within one (1) banking day. 49
"(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved, where any
of the following circumstances exist:
1. there is no underlying legal or trade obligation, purpose or economic justification;
2. the client is not properly identified;
3. the amount involved is not commensurate with the business or financial capacity of the client;
4. taking into account all known circumstances, it may be perceived that the client's transaction is structured in order to avoid
being the subject of reporting requirements under the Act;
5. any circumstances relating to the transaction which is observed to deviate from the profile of the client and/or the
client's past transactions with the covered institution;
6. the transactions is in a way related to an unlawful activity or offense under this Act that is about to be, is being or has been
committed; or
7. any transactions that is similar or analogous to any of the foregoing."
(c) "Monetary instrument" refers to:
1. coins or currency of legal tender of the Philippines, or of any other country
2. drafts, checks and notes;
3. securities or negotiable instruments, bonds, commercial papers, deposit certificates, trust certificates, custodial receipts
or deposit substitute instruments, trading orders, transaction tickets and confirmations of sale or investments and
money market instruments; and
4. other similar instruments where title thereto passes to another by endorsement, assignment or delivery.
(g) "Supervising Authority" refers to the appropriate supervisory or regulatory agency, department or office supervising
or regulating the covered institutions enumerated in Section 3(a).
(h) "Transaction" refers to any act establishing any right or obligation or giving rise to any contractual or legal relationship
between the parties thereto. It also includes any movement of funds by any means with a covered institution.
4 Money Laundering Offense. -- Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined
are transacted, thereby making them appear to have originated from legitimate sources. It is committed by the
following:
49
Amended by RA 9194 – used to be P4M
(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds
of any unlawful activity, transacts or attempts to transacts said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity,
performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to
in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and
filed with the Anti-Money Laundering Council (AMLC), fails to do so.
*It is not illegal to transact Php 500,000.00, what is illegal is the failure to report or disclose of this fact.
10 Freezing of Monetary Instrument or Property. – Upon verified ex parte petition by the AMLC and after determination that
probable cause exists that any monetary instrument or property is in any way related to an unlawful activity as defined in
Section 3(i) hereof, the Court of Appeals may issue a freeze order, which shall be effective immediately. The freeze
order shall be for a period of twenty (20) days unless extended by the court. In any case, the court should act on
the petition to freeze within twenty-four (24) hours from filing of the petition. If the application is filed a day before
a nonworking day, the computation of the twenty-four (24)-hour period shall exclude the nonworking days.
A person whose account has been frozen may file a motion to lift the freeze order and the court must resolve this motion before
the expiration of the twenty (20)-day original freeze order.
No court shall issue a temporary restraining order or a writ of injunction against any freeze order, except the Supreme Court.50
11 Authority to Inquire into Bank Deposits. -- Notwithstanding the provisions of Republic Act No. 1405, as amended, Republic Act
No. 6426, as amended, Republic Act No. 8791, and other laws, the AMLC may inquire into or examine any particular deposit or
investment with any banking institution or non-bank financial institution upon order of any competent court in cases of
violation of this Act, when it has been established that there is probable cause that the deposits or investments are related to
an unlawful activities as defined in Section 3(I) hereof or a money laundering offense under Section 4 hereof, except that no
court order shall be required in cases involving unlawful activities defined in Sections 3(I)1, (2) and (12).
"To ensure compliance with this Act, the Bangko Sentral ng Pilipinas (BSP) may inquire into or examine any deposit of
investment with any banking institution or non-bank financial institution when the examination is made in the course of
a periodic or special examination, in accordance with the rules of examination of the BSP.
50
As amended by 10167
the requesting State stating that the conviction and the order of forfeiture are final and that no further appeal lies in respect of
either.
(c) Obtaining Assistance from Foreign States. - The AMLC may make a request to any foreign State for assistance in
1. tracking down, freezing, restraining and seizing assets alleged to be proceeds of any unlawful activity;
2. obtaining information that it needs relating to any covered transaction, money laundering offense or any other
matter directly or indirectly related thereto;
3. to the extent allowed by the law of the foreign State, applying with the proper court therein for an order to enter any
premises belonging to or in the possession or control of, any or all of the persons named in said request, and/or
search any or all such persons named therein and/or remove any document, material or object named in said request:
Provided, That the documents accompanying the request in support of the application have been duly authenticated
in accordance with the applicable law or regulation of the foreign State; and
4. applying for an order of forfeiture of any monetary instrument or property in the proper court in the foreign State:
Provided, That the request is accompanied by an authenticated copy of the order of the regional trial court ordering the
forfeiture of said monetary instrument or property of a convicted offender and an affidavit of the clerk of court stating
that the conviction and the order of forfeiture are final and that no further appeal lies in respect of either.
(d) Limitations on Requests for Mutual Assistance. - The AMLC may refuse to comply with any request for assistance where
the action sought by the request contravenes any provision of the Constitution or the execution of a request is likely
to prejudice the national interest of the Philippines unless there is a treaty between the Philippines and the requesting
State relating to the provision of assistance in relation to money laundering offenses.
(e) Requirements for Requests for Mutual Assistance from Foreign States. - A request for mutual assistance from a foreign
State must (1) confirm that an investigation or prosecution is being conducted in respect of a money launderer named therein
or that he has been convicted of any money laundering offense; (2) state the grounds on which any person is being investigated
or prosecuted for money laundering or the details of his conviction; (3) give sufficient particulars as to the identity of said
person; (4) give particulars sufficient to identify any covered institution believed to have any information, document, material
or object which may be of assistance to the investigation or prosecution; (5) ask from the covered institution concerned any
information, document, material or object which may be of assistance to the investigation or prosecution; (6) specify the manner
in which and to whom said information, document, material or object obtained pursuant to said request, is to be produced; (7)
give all the particulars necessary for the issuance by the court in the requested State of the writs, orders or processes needed by
the requesting State; and (8) contain such other information as may assist in the execution of the request.
BOUNCING CHECKS
BATAS PAMBANSA BLG. 22
SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 12-2001
SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 13-2001
Supreme Court Circulars laid down the rule of preference in imposing penalties in BP 22. The ff. are the alternative penalties:
1. Imprisonment of not less than 30 days but not more than a year
2. A fine of not less but more than double of the amount of the check which fine shall not exceed P200,000
3. Or both such fine and imprisonment at the discretion of the court
Rationale of the rule of preference: It would best serve the ends of criminal justice in, in fixing philosophy underlying the Indeterminate
Sentence Law is observed, i.e., that of redeeming value of human material and preventing unnecessary deprivation of personal liberty
and economic usefulness with regard to the protection of the social order.
Anamot) RTC and CA found (3) without the consent of the owner/raiser;
them guilty (4) by any means, method or scheme;
(5) with/out intent to gain; and
(6) with/out violence or intimidation against persons
or force upon things.
LABOR
ILLEGAL RECRUITMENT
REPUBLIC ACT NO. 8042
REPUBLIC ACT NO. 10022
LABOR CODE
SEXUAL HARASSMENT
REPUBLIC ACT NO. 7877
PUBLIC INTEREST
ANTI-ALIAS
COMMONWEALTH ACT NO. 142
REPUBLIC ACT NO. 6085
CA NO 142 R.A. 6085 (As compared to:
(Old law) (Amended) ART 178, RPC)
ART. 178. Using fictitious name and
SEC. 1 Except as a pseudonym for SEC 1. Except as a pseudonym solely for concealing true name
literary purposes, no person shall use literary, cinema, television, radio 1. That the offender uses a name other
any name different from the one with or other entertainment purposes his real name
which he was christened or by which he and in athletic events where the 2. That the offender uses the fictitious
has been known since his childhood, or use of pseudonym is a normally name for publicity
such substitute name as may have been accepted practice, no person shall use 3. That his purpose for using the
authorized by a competent court. The any name different from the one with fictitious name:
name shall comprise the patronymic which he was registered at birth in the a. To conceal a crime
name and one or two surnames. office of the local civil registry, or with b. To evade the execution
which he was baptized for the first of judgment
time, or, in case of an alien, with c. To cause damage to
which he was registered in the bureau public interest
of immigration upon entry; or such
substitute name as may have been
authorized by a competent court:
Provided, That persons, whose births
have not been registered in any local
civil registry and who have not been
baptized, have one year from the
approval of this act within which to
register their names in the civil
registry of their residence. The name
shall comprise the patronymic name
and one or two surnames
PERSONS
HAZING
REPUBLIC ACT NO. 8049
REPUBLIC ACT NO. 11053
Facts Issue Ruling/Doctrine
People v Fernando Balidoy was W/N the Information filed ELEMENTS OF HAZING:
Bayabos admitted as a probationary against respondents contains (a) A person is placed in some embarrassing or
midshipment at the PMMA. all the material averments humiliating situation/ subjected to physical/ mental
In order to reach an active for the prosecution of the suffering or injury;
status, all entrants were crime of accomplice to hazing (b)These acts were employed as a prerequisite for the
required to successfully under Anti Hazing law. NO. person’s admission into an org.
complete the mandatory ABSENT: “That the physical
“Introduction and or psychological infliction of In case of school authorities and faculty who have no
Orientation Period” (set pain and agony was a direct participation in the act, they may charge as
from 2 May- 1 June 2001). prerequisite to be admitted in accomplices if the ff elements occur (a)Hazing as
Balidoy died on 3 May 2001. the said org” estb by the above elements, occurred;(b) The accused
are school authorities or faculty members; and
(c)They consented to or failed to take preventive
action against hazing in spite actual knowledge
Dungo v People Dungo and Sibal were W/N Dungo and Sibal could YES. Hazing law is malum prohibitum, therefore
found guilty of the crime of be found guilty of hazing intent is immaterial. What is important is the result
violating Sec. 4 of the Anti- even though malicious intent of the act of hazing.
Hazing Law for the death of was absent.
Villanueva.
PUBLIC OFFICERS
GRAFT AND CORRUPT PRACTICES
REPUBLIC ACT NO. 3019
DOUBLE JEOPARDY
Facts Issue Ruling/Doctrine
Merencillo v Merencillo, as a public W/N there was double No.
People officer in the BIR, and in jeopardy when he was Although the 2 charges stemmed from the same
his capacity as a public charged of a violation of Sec. transaction, the same act gave rise to 2 separate and
officer, extorted from Cesar 3(b) of RA 3019 and direct distinct offenses, hence, no double jeopardy. Not all
P20,000 in exchange of the bribery. elements of RA 3019 are included in direct bribery
release of her certificate and vice versa.
authorizing registration. An
entrapment operation was Sec. 3(b) of RA 3019 Direct Bribery
conducted and Merencillo Offender is a public officer. Offender is a public officer.
Requested or received a gift, Offender accepts an offer,
was arrested. He was present, share, percentage, or promise, or receives a gift or
charged with both violation benefit. present by himself or through
of Sec. 3(b) of RA 3019 and another.
direct bribery Made the request or receipt on Such offer or promise be
behalf of the offender or any accepted or received by the
other person. public officer with a view to
committing some crime or in
consideration of the execution
of an act which does not
constitute a crime but the act
must be unjust, or to refrain
from doing something which it
is his official duty to do.
Request or receipt was made Act which the offender agrees
in connection with a contract to perform or which he
or transaction with the executes is connected with the
government. performance of his official
duties.
Offender has the right to
intervene, in an official
capacity under the law, in
connection with a contract or
transaction has the right to
intervene.
SECTION 3(b)
Facts Issue Ruling/Doctrine
Garcia v Garcia was the Regional W/N Garcia violated Sec. 3(b) No. Here, the prosecution failed to prove the fourth
Sandiganbayan Director of LTO in CDO. He of RA 3019 element by failing to describe the transactions which
was charged with 56 counts needed Garcia’s intervention with particularity.
of the violation of Section
3(b) of RA NO. 3019. This Section 3(b) of Republic Act No. 3019, elements:
was allegedly for taking 1. Offender is a public officer,
SECTION 3(e)
Facts Issue Ruling/Doctrine
Ambil Jr. v Eastern Samar Gov. Ambil, W/N accused violated Section Yes. All the elements are present. The transfer has
Sandiganbayan Jr., transferred then Mayor 3(e) of RA 3019 no legal justification, risk was not proven.
Francisco Adalim from the Section 3(e) of Republic Act No. 3019, elements:
Provincial Jail to Ambil’s 1. Accused must be a public officer discharging
residence and stayed there admin, judicial, or official functions
for 85 days. IBP sent a 2. Must have acted with (1) manifest
letter to the OMB to partiality, (2) evident bad faith or (3) gross
investigate such transfer. inexcusable negligence
3. Action caused (1) any undue injury to any
Gov. Ambil, Jr. claimed party, including the govt, or (2) gave any
that Mayor Adalim’s safety private party unwarranted benefits,
was at stake because the advantage or preference in the discharge of
inmates in said jail were his functions.
composed of political Private Party – according to legal parlance, it
opponents as well as those includes a private person or a public officer acting in
put to jail by his sister. a private capacity to protect personal interest
Jaca v People The audit team reported W/N the accused are guilty Yes. The law requires that the intent or negligence,
that Bandana incurred a which must attend the commission of the prohibited
cash shortage of acts under Section 3(e) of RA No. 3019, should meet
P18,527,137.19. The audit the gravity required by law. Thus, in construing
team found out that the these phrases, the Court observed that bad faith or
reason for the shortage is partiality, on the one hand, and negligence, on the
the failure of Gaviola, Cesa other hand, per se are not enough for one to be held
and Bacasmas to follow the criminally liable under the law; that the bad faith or
different provisions of partiality is evident or manifest, or, that the
different laws which negligent act or omission is gross and inexcusable
provide for the grant, must be shown.
utilization and liquidation
of cash advances under the Gaviola, Cesa and Bacasmas weren’t in good faith.
COA. Bacasmas’ testimony clearly establishes a “practice”
in the Office of the Cash Division of simply relying
on the request of the paymaster without
actually requiring the submission of the
necessary documents in support of the request.
Sanchez v Miranda is the mayor of Section 3(e) of Republic Act No. 3019, elements:
People Santiago, Isabela and was 1. Accused must be a public officer discharging
placed under preventive admin, judicial, or official functions
suspension for six months. 2. Must have acted with (1) manifest
But despite this, Miranda partiality, (2) evident bad faith or (3) gross
re-assumed his position as inexcusable negligence
mayor of the city. 3. Action caused (1) any undue injury to any
party, including the govt, or (2) gave any
private party unwarranted benefits,
advantage or preference in the discharge of
his functions.
Luspo v People PNP officials and the W/N Luspo is guilty Acquitted.
private individual conspired Section 3(e) of Republic Act No. 3019, elements:
to swiftly and 4. Accused must be a public officer discharging
surreptitiously execute the admin, judicial, or official functions
"ghost purchase" of the 5. Must have acted with (1) manifest
combat clothing, the partiality, (2) evident bad faith or (3) gross
OMB-AFP recommended inexcusable negligence
the filing of the criminal
information for 100 counts 6. Action caused (1) any undue injury to any
of Malversation of Public party, including the govt, or (2) gave any
Funds, Art 217 of RPC. The private party unwarranted benefits,
Office of the Special advantage or preference in the discharge of
Prosecutor modified the his functions.
offense to violation of
Section 3(e) of R.A. No. There is "manifest partiality" when there is a clear,
3019, as amended, for only notorious, or plain inclination or predilection to favor
one (1) count. one side or person rather than another. "Evident
bad faith" connotes not only bad judgment but also
palpably and patently fraudulent and dishonest
purpose to do moral obliquity or conscious
wrongdoing for some perverse motive or ill will.
"Gross inexcusable negligence" refers to
negligence characterized by the want of even the
slightest care, acting or omitting to act in a situation
where there is a duty to act, not inadvertently but
willfully and intentionally, with conscious
indifference to consequences insofar as other persons
may be affected
SECTION 3(g)
Facts Issue Ruling/Doctrine
Caunan v People Joey Marquez, as mayor of W/N the accused violated NO. The last element - such contract or transaction
Paranaque and other public Sec. 3(g) of RA 3019 is grossly and manifestly disadvantageous to the
officials were charged with government - was not sufficient proven because they
violation of RA 3019 Sec used a walis of a different specification from the one
3(g) for purchasing walis actually being used by the sweepers of Parañaque.
tingtings, originally priced
at Php 11/piece for Php Sec. 3(g) of R.A. 3019 elements:
25/piece and Php 15/piece. 1. The accused is a public officer;
CoA’s audit team conducted 2. That he entered into a contract or
its own investigation and transaction on behalf of the government; and
SECTION 3(h)
Facts Issue Ruling/Doctrine
Teves v The Sps. Teves are being W/N the accused are guilty Edgar Teves is liable for violation of Sec. 3(h) of the
Sandiganbayan charged with violation of Anti-Graft Law, but Teresita Teves, the wife is
Section 3(h) of the Anti- acquitted.
Graft Law for allegedly Elements of RA 3019 3(h)
intervening in the issuance 1. The accused is a public officer;
of license to operate a 2. He has a direct or indirect financial or
cockpit and having direct pecuniary interest in any business, contract,
and pecuniary interest, in or transaction;
the official capacity of 3. He either
Edgar Teves as Mayor of a. Intervenes or takes part in his
Valencia. official capacity in connection
with such interest; or
b. Is prohibited from having such
interest by the Constitution or by
any law
It was not proved that he intervenes or takes part in
the cockpit, - it is one of those prohibited under the
LGC which clearly states that it is unlawful for a
government official to have direct interest over a
cockpit.
Teresita Teves, the wife is acquitted because they
failed to prove conspiracy and the fact of marriage
does not presumed to prove knowledge of such.
SECTION 4(a)
Facts Issue Ruling/Doctrine
Disini v Ombudsman charged Disini W/N the Informations are The elements of the offense under Section 4 (a) of
Sandiganbayan with two criminal sufficient – YES. R.A. No. 3019 are:
complaints. One is under
SECTION 13
Facts Issue Ruling/Doctrine
Miranda v Miranda is the mayor of W/N Sec 13 of RA 3019 SB properly construed Sec 13 as covering two types
Sandiganbayan Santiago, Isabela and was applies only to fraudulent of offenses:
placed under preventive acts involving public funds or 1. Any offense involving fraud on the
suspension for six months. property government
But despite this, Miranda 2. Any offense involving public funds or
re-assumed his position as NO. Miranda’s case falls property.
mayor of the city. Charged under the section also.
with felony of usurpation A violation of Art 177 involves fraud which in a
punished under Art. 177 of general sense is deemed to comprise anything
the RPC. calculated to deceive, including all acts,
Miranda contends that the omissions and concealment involving a breach
offense of usurpation of of legal or equitable duty, trust or confidence,
authority or official resulting in damage to another or by which an
functions under Art 177 of undue and unconscious advantage is taken of
the RPC is not embraced another. Miranda’s act fell within the “catch-all
under Sec 1351 of RA 3019 provision”.
which only contemplates
offenses enumerated under
RA 3019, Title VII of Book
II of the RPC or which
involve “fraud upon
government or public funds
or property.”
Miranda v The dissent says there was no fraud. It said that
Sandiganbayan fraud upon government must be read so as to require
(Carpio, that malversation was committed.
dissenting)
Amended Information is insufficient in form as it
should have “expressly and clearly stated that
Miranda re-assumed of office to defraud the
government or that in re-assuming of office Miranda
51Sec 13 RA 3019 Section 13. Suspension and loss of benefits. Any public officer against whom any criminal prosecution under a valid information
under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office. Should he be convicted by
final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the
salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him.
PLUNDER
REPUBLIC ACT NO. 7080
SECTION 12, REPUBLIC ACT NO. 7659
Facts Issue Ruling/Doctrine
Gloria Arroyo v Arroyo approved requests W/N accused Arroyo is guilty NO. The prosecution failed to establish an overt act
People for additional Intelligence of Plunder in furtherance of the conspiracy, either on the part of
Funds for PSCO, seven petitioner Arroyo or Aguas.
CHAIN times in the course of three
CONSPIRACY years. The law requires in the criminal charge for plunder
against several individuals that there must be a
main plunderer and her co-conspirators, who
may be members of her family, relatives by affinity
or consanguinity, business associates, subordinates
or other persons. In other words, the allegation of the
wheel conspiracy or express conspiracy in the
information was appropriate because the main
plunderer would then be identified in either manner.
Gloria Arroyo v Arroyo approved requests W/N accused Arroyo is guilty Section 2 of the Plunder Law does not require a
People (Sereno, for additional CIFs, seven of Plunder mastermind or a main recipient when it comes to
dissenting) times in the course of three plunder as a collective act.
years.
In a conspiracy, the act of one is the act of all. Every
conspirator becomes a principal even if the person
did not participate in the actual commission of every
act constituting the crime. Hence, it is not material if
only Uriarte among all the accused is proven or
shown to have taken material possession of the
plundered amount.
52
As cited in Gloria Macapagal Arroyo v People
NATIONAL SECURITY
ANTI-WIRETAPPING
REPUBLIC ACT NO. 4200
Facts Issue Ruling/Doctrine
Ramirez v CA A civil case was filed by W/N Garcia is liable under Yes.
Ramirez against Garcia, RA 4200 notwithstanding the “Sec. 1. It shall be unlawful for any person, not being
alleging that the latter fact that she was a authorized by all the parties to any private
humiliated and vexed her. participant to the recorded communication or spoken word, to tap any wire or
In support of this claim, communication cable, or by using any other device or arrangement,
Ramirez produced a to secretly overhear, intercept, or record such
recording of their heated communication or spoken word x x x”
argument. Garcia filed a
criminal case for violation The law makes no distinction as to whether the party
of RA 4200. Ramirez argued sought to be penalized by the statute ought to be a
that she is not liable of such party other than or different from those involved in
because R.A. 4200 refers to the private communication. The statute's intent to
the taping of a penalize all persons unauthorized to make such
communication by a person recording is underscored by the use of the qualifier
other than a participant to "any".
the communication.
Ganaan v IAC Atty. Pintor and his client W/N Ganaan and Laconico NO. The law refers to a "tap" of a wire or cable or the
Montebon were discussing are liable under RA 4200 / use of a "device or arrangement" for the purpose of
the terms for the W/N an extension telephone is secretly overhearing, intercepting, or recording the
withdrawal of the complaint covered by the term “device or communication. It refers to instruments whose
for direct assault against arrangement” installation or presence cannot be presumed by the
Lacnico. Laconico requested party being overheard because, by their very nature,
his counsel, Atty. Ganaan to they are not of common usage and their purpose is
listen to the conversation precisely for tapping, intercepting or recording a
through the telephone telephone conversation. An extension telephone is an
extension to hear the instrument which is very common especially now
proposed conditions for when the extended unit does not have to be
settlement. Upon discovery, connected by wire to the main telephone but can be
complainant charged moved from place ' to place within a radius of a
Laconico and Ganaan with kilometer or more.
violation of RA 4200
PIRACY
PRESIDENTIAL DECREE NO. 532
ARTICLE 293, RPC
ARTICLE 286, RPC
ARTICLE 122-123, RPC
HIGHWAY ROBBERY
PRESIDENTIAL DECREE NO. 532
ARTICLE 306-307, RPC
ARTICLE 296, RPC
PURPOSE
Facts Issue Ruling/Doctrine
People v Laurente and co-accused W/N Laurente and co-accused NO. Highway robbery is directed indiscriminately
Laurente held up Herminiano in a committed highway robbery against any person on Philippine highways, and
Philippine highway. not those committed against a predetermined or
Laurente and his co- particular victim.
accused strangled and hit
the head of Herminiano The main object of the Brigandage Law is to prevent
during the incident which the formation of bands of robbers (more than 3
caused his death. Laurente armed persons). The purpose then of brigandage is
was convicted by the RTC of indiscriminate highway robbery. If the purpose is
highway robbery with only a particular robbery, the crime is only robbery,
homicide under PD 532. or robbery in a band if there are at least four armed
participants.
People v There was a hold-up in a W/N the accused is guilty of NO. Robbery with homicide under Art 294 of the
Versoza passenger jeep in C3. One highway robbery with RPC
passenger fought back, so homicide
he was shot. A conviction for highway robbery requires proof that
several accused were organized for the purpose of
committing highway robbery indiscriminately. This
was not proven in the case. If the purpose is only a
particular robbery, the crime is only robbery, or
robbery in band if there are at least four armed
participants.
People v Accused boarded a jeepney. W/N the accused are guilty of NO. Robbery with homicide only.
Mendoza When it reached a dark highway robbery with
portion, the accused homicide It was not proven that accused were organized for
announced a hold up. The the purpose of committing highway robbery
accused used violence. One indiscriminately.
got injured and one died. There was no evidence of any previous attempts at
similar robberies by the accused.
Accused claims that they An accused may be charged with as many crimes
should have only been as defined in our penal laws even if these arose
charged with complex crime from one incident.
of robbery and homicide
since highway robbery is
already absorbed in the
former.
HIJACKING
REPUBLIC ACT NO. 6235
1 (a) It shall be unlawful for any person to compel a change in the course or destination of an aircraft of Philippine
registry.
Aircraft is in flight the moment all its external doors are closed following embarkation until any of such doors
is opened for disembarkation
(b) It shall be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or to
seize or usurp the control thereof while it is within the said territory.
2 Qualifying circumstances:
(a) Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft
(b) Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or
(c) Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
3 (Unlawful to ship, load or carry in a passenger aircraft operating as public utility within the PH any explosive, flammable,
corrosive or prohibited substance or material)
8 (Aircraft companies which operate as public utilities x x x are authorized to open and investigate suspicious packages and
cargoes in the presence of the owner or shipper, or his authorized representatives, if present)
(If owner refuses, the airline may refuse the loading thereof)
CYBERCRIME
REPUBLIC ACT NO. 10175
Facts Issue Ruling/Doctrine
Disini v Constitutionality of the Real time collection of data under Sec 12 is
Secretary of Cybercrime law unconstitutional
Justice Section 19, which empowers the DoJ to restrict or
(February 18, block access to computer data is unconstitutional
2014) Child pornography committed online, as to which
charging the offender under both Sec 4(c2) of RA
COMPARISON TABLES
A.
Executive Clemency Refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole Conditions and
Commutation of Sentence as may be granted by the President of the Philippines 53
Absolute Pardon Total extinction of the criminal liability of the individual to whom it is granted without any condition.
It restores to the individual his civil and political rights and remits the penalty imposed for the
particular offense of which he was convicted 54 – unlike amnesty, this is a private act pleaded by the offender
Conditional Pardon Exemption of an individual, within certain limits or conditions from the punishment which the law
inflicts for the offense he had committed resulting in the partial extinction of his criminal liability
Amnesty A public act granted by the President and should have the Congress’ concurrence55
Granted to classes of persons or communities who may be guilty of political offenses
Effect: as if no crime as if no crime has been committed
Commutation of Reduction of the duration of a prison sentence of a prisoner56
Sentence
Reprieve Deferment of the implementation of the sentence for an interval of time; it does not annul the sentence but
merely postpones or suspends its execution57
Automatic Suspension Sec 38. RA 9344 (JJWA) – Once the child who is under eighteen (18) years of age at the time of the
of Sentence commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any
civil liability which may have resulted from the offense committed. However, instead of pronouncing the
judgment of conviction, the court shall place the child in conflict with the law under suspended sentence,
without need of application: Provided, however that suspension of sentence shall still be applied even f the
juvenile is already eighteen years of age or more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various circumstances of the child, the court shall
impose the appropriate disposition measures as provided in the SC Rule on Juveniles in Conflict with the
Law.
Parole Refers to the conditional release of an offender from a correctional institution after he serves the minimum
term of his prison sentence. Note: Parole does not extinguish criminal and civil liability 58
53
Revised Rules and Regulations of Board of Pardons and Parole
54 Revised Rules and Regulations of Board of Pardons and Parole
55 People v Casido, 1997
56 Revised Rules and Regulations of Board of Pardons and Parole
57 Revised Rules and Regulations of Board of Pardons and Parole
58 People v Abesamis
Probation 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 59
Preventive Preventive Imprisonment is imposed upon a person before he/she is convicted if he/she cannot afford bail, or
Imprisonment his/her criminal case is non-bailable.60
Subsidiary penalty Subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine at
the rate of one day for each amount equivalent to the highest min wage in the Ph at the time of rendition of
final judgment
Secondary Sec 19 of RA 9344 – intervention for children at risk
Intervention
Tertiary Intervention Sec 19 of RA 9344 – intervention for CICL
Diversion Ra 9344 alternative child appropriate process of determining the responsibility and treatment of a child in
conflict with the law on the basis of his social, cultural, economic, psychological or educational background
without resorting to formal court proceedings
Intervention Series of activities which are designed to addressed issues that caused the child to commit an offense
B.
Habitual delinquency Art. 62 WITHIN 10 years from the date of last release or last conviction of the crimes of (1) serious physical
injuries (2) less serious physical injuries (3) robbery (4) theft (5) estafa (6) falsification, he is found guilty of
ANY of the crimes a third time or oftener
Reiteracion Art 14(10), RPC – Aggravating circumstance | The offender has been PREVIOUSLY PUNISHED (served?)
for an offense to which the law attaches an equal or greater penalty or for TWO or MORE crimes61 to which
it attaches a lighter penalty.
Recidivism Art 14(9), RPC – Aggravating circumstance | At the time of his trial for a crime, he shall have been
previously convicted by final judgment of another crime embraced in the SAME TITLE of THIS CODE
(Means it applies to crimes committed under the SAME TITLE in the RPC – NO RECIDIVISM in SPL)
Quasi-recidivism Art. 160, RPC
C.
59
PD 968, Sec 3(a)
60 Sen. Francis Escudero –Author of the amendment
61 Note: Not “felony”. So does it apply to SPL?
D.
Art (19) Accessories Obstruction of Justice Anti Fencing
ELEMENTS See Art. 19. Elements of Fencing:
(a) A crime of robbery or theft
has been committed
(b) The accused who is not a
principal or an accomplice in
the commission of the crime
of robbery or theft buys,
receives, possesses, keeps or
sells in any manner deals in
any article, item, object or
62
Del Soccoro v Van Wilsem
E.
PREVENTIVE
PAROLE PROBATION
IMPRISONMENT
Disqualifications (1) Escapees or evaded (1) sentenced to serve a NOT AVAILABLE TO:
sentence maximum term of (1) Recidivists
(2) Violated terms of imprisonment of more (2) Those who did not
conditional pardon than six years; voluntarily
(3) Habitual delinquents (2) convicted of any crime surrender when
(4) Convicted of Treason, against national summoned for the
Misprision of Treason, security execution of their
Conspiracy or Proposal to (3) who have previously been sentence
Commit Treason, convicted by final
Espionage, Sedition, judgment of an offense
Rebellion and Piracy punished by imprisonment
(5) If the max of the penalty is of more than six (6)
less than 1 year months and one (1) day
(6) Those punished with life or a fine of more than
imprisonment or death Php 1000
(7) Those punished with RP or (4) who have been once on
penalty is reduced to RP probation under the
(8) Convicted by Final provisions of this Decree;
Judgment upon the and
passage of this act (5) who are already serving
(9) Another pending case sentence at the time the
(10) Penalty does not impose substantive provisions of
imprisonment this Decree became
(11) When application of applicable pursuant to
ISLAW does not favour the Section 33 hereof.
accused
In case of violation Serve the remaining portion of Serve the entire sentence
sentence
Appeal No effect Forecloses probation
Availability Anytime as long as not Only ONCE
disqualified
Disposition Imprisonment of at least minimum Sentence is suspended
Imposition Mandatory Upon application
G.
CHAIN CONSPIRACY WHEEL CONSPIRACY
A chain conspiracy x x x exists when there is successive The wheel conspiracy occurs when there is a single person or
communication and cooperation in much the same way as with group (the hub) dealing individually with two or more other
legitimate business operations between manufacturer and persons or groups (the spokes). The spoke typically interacts
wholesaler, then wholesaler and retailer, and then retailer and with the hub rather than with another spoke. In the event that the
consumer. This involves individuals linked together in a vertical spoke shares a common purpose to succeed, there is a single
chain to achieve a criminal objective.63 conspiracy. However, in the instances when each spoke is
unconcerned with the success of the other spokes, there are
multiple conspiracies64
Tobacco
business
Belle
Excise
Real
Tax
Napoles - Reyes - Issues Enrile - Owner of shares
Fictitious NGO "permit" the PDAF funds Estrada
Velarde
Jueteng Bank
Account
Examples: GMA v People, Enrile v People, Jaca v People Example: Estrada v. Sandiganbayan
To be convicted of plunder in a chain conspiracy, it must be proven
In a wheel conspiracy, not necessary that all of the spokes are
that A, B, C and D all had COMMON INTENT. All of them knew of
conspiring with each other. Spoke 1 – own intent Spoke 2 – own
the conspiracy
intent.
*Why GMA was acquitted.
63
Gloria Macapagal-Arroyo v People, G.R. No. 220598
64 Gloria Macapagal-Arroyo v People, G.R. No. 220598
H.
Direct Bribery Indirect Bribery RA 3019 Anti- Graft and Corrupt
Plunder
Art 210, RPC Art 211, RPC Practices Act
1. Offender is a public officer Elements of Direct Bribery: Elements of Indirect bribery: 1) Through misappropriation, conversion,
who acts by himself or in 1. That the offender is a 1. That the offender is misuse, or malversation of public funds or
connivance with members of Public Officer a Public Officer raids on the public treasury;
her family, relatives by 2. That the offender 2. That he accepts 2) By receiving, directly or indirectly, any
affinity or consanguinity, accepts an offer or a gifts commission, gift, share, percentage,
business associates, promise or receives a 3. That the gifts are kickbacks or any other form of pecuniary
subordinates or other gift or present by offered by reason of benefit from any person and/or entity in
persons; himself or through his public office connection with any government contract or
2. That the offender amasses, another *No agreement exists, not project or by reason of the office or position
accumulates or acquires ill- 3. That such promise be necessary that the PO 3) By the illegal or fraudulent conveyance
gotten wealth through a accepted by the public should do any particular act or disposition of assets belonging
combination or series of the officer or promise tod oa n act Government
following overt or criminal (a) With the view of 4) By obtaining, receiving or accepting
acts, each of which may committing some directly or indirectly any shares of stock,
constitute different offenses crime or equity or any other form of interest or
3. That the aggregate amount or (b) in consideration of the participation including promise of future
total value of the ill-gotten execution of an act employment in any business enterprise or
wealth amassed, accumulated which does not undertaking;
or acquired is at least constitute a crime but 5) By establishing agricultural, industrial or
P50,000,000.00. the act must be commercial monopolies or other
unjust combinations and/or implementation of
65
People v De Leon, GR No. 179943
(c) That the act which decrees and orders intended to benefit
the offender agrees to particular persons or special interests; or
perform be connected 6) By taking undue advantage of official
with the performance position, authority, relationship, connection
of his official duties or influence to unjustly enrich himself or
themselves at the expense and to the
damage and prejudice of the Filipino people
and the Republic of the Philippines.
Anti-Cattle
Theft Qualified Theft Robbery Highway Robbery Anti-Carnapping
Rustling
Elements of Theft: Elements of Qualified Elements of Robbery Elements of Highway Elements of Elements of cattle-
1. That there be Theft: (In General): Robbery: Carnapping: rustling:
taking of 1. That there be 1. That there be 1. The group was 1. Taking of a (1) large cattle is
personal taking of personal organized for motor taken;
property personal property the purpose of vehicle (2) it belongs to
2. That said property belonging to committing belonging another; Taking is
property 2. That said another robbery in a to another done:
belongs to property 2. That there is highway. 2. Without (3) without the
another belongs to unlawful 2. There is no consent or by consent of the
3. That the taking another taking predetermined means of owner/raiser;
be done with 3. That the taking 3. That the victim. force and (4) by any means,
intent to gain be done with taking must intimidation method or scheme;
4. That the taking intent to gain be with intent 3. Intent to (5) with/out intent
be done without 4. That the taking to gain gain. to gain; and
the consent of be done 4. That there (6) with/out violence
the owner without the is violence *Qualified Theft only or intimidation
5. That the consent of the against or if the material was against persons or
taking be owner intimidation NOT TAKEN but was force upon things.
accomplished 5. That the taking of any delivered by the
without the be person or owner or the
use of accomplished force upon possessor to the
violence without the use things. offender, who
against or of violence thereafter
intimidation against or MISAPPROPRIATED
of persons or intimidation of the same
force upon persons or force *Estafa – if material
things upon things plus juridical
6. That it be possession were given
done with to the offender
grave abuse
of confidence
ENUMERATION:
Applicability of Refouler No person shall be expelled, returned or extradited to another State where there are substantial grounds
to believe that such person shall be in danger of being subjected to harm.
1. Anti-Torture
2. Anti- Enforced Involuntary Disappearance
Imprescriptible
1. Anti-Enforced Involuntary Disappearances
a. UNLESS the person reappears, in which case, the prescription period shall be 25 years
2. Crimes against International Humanitarian Law
3. Plunder Law - Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty (20) years.
However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or
transferees shall not be barred by prescription, laches, or estoppel.
Absolutory Causes
Dangerous Drugs
Attempt and Conspiracy (ISMa2C!)
1. Importation of any dangerous drug and/or controlled precursor and essential chemical;
2. Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled
precursor and essential chemical;
3. Maintenance of a den, dive or resort where any dangerous drug is used in any form;
4. Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
5. Cultivation or culture of plants which are sources of dangerous drugs.