I.

Trafficking
6955 – Mail Order Bride

UNLAWFUL ACTS:
(a) For a person, natural or juridical, association, club or any other entity to commit, directly or
indirectly, any of the following acts:

(1) To establish or carry on a business which has for its purpose the matching of Filipino women
for marriage to foreign nationals either on a mail-order basis or through personal introduction;

(2) To advertise, publish, print or distribute or cause the advertisement, publication, printing or
distribution of any brochure, flier, or any propaganda material calculated to promote the prohibited
acts in the preceding subparagraph;

(3) To solicit, enlist or in any manner attract or induce any Filipino woman to become a member
in any club or association whose objective is to match women for marriage to foreign nationals either
on a mail-order basis or through personal introduction for a fee;

(4) To use the postal service to promote the prohibited acts in subparagraph 1
hereof.1awphi1©alf

(b) For the manager or officer-in-charge or advertising manager of any newspaper, magazine, television
or radio station, or other media, or of an advertising agency, printing company or other similar entities, to
knowingly allow, or consent to, the acts prohibited in the preceding paragraph.

Section 3. In case of violation of this Act by an association, club, partnership, corporation, or any other entity,
the incumbent officers thereof who have knowingly participated in the violation of this Act shall be held
liable.

II. ANTI-SEXUAL HARRASSMENT REPUBLIC ACT NO. 7877

ELEMENTS:
1. Authority, influence or moral ascendancy
2. Existing in a work environment
3. Demand request or requirement of sexual favor

OFFENERS:
1. Actual person who Committed
2. One who Directs or Induces another to commit
3. One who Cooperates in the commission

NOTES:
• Mere buss is NOT harassment under this law because no showing that it was in exchange for
favorable compensation

RA 7877: Anti-Sexual Harassment Act of 1995
- Policy: Valuing human dignity in the employment, education, or training environment
- Work, education or training-related sexual harassment
o Committed by person1 who, having authority, influence, or moral ascendancy
o Demands, requests or requires any sexual favor from the other, whether accepted or not
- Work-related or employment environment
1. Committed when:

1
e.g. employer, employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach or trainor
 a. sexual favor made as a condition in
- the hiring or in the employment, re-employment or continued employment of said
individual
- granting favorable compensation, terms of conditions, promotions or privileges
a. refusal to grant sexual favor results in
- limiting, segregating or classifying the employee which in any way would
discriminate, deprive or diminish employment opportunities or otherwise adversely
affect said employee
2. Above acts would impair the employee’s rights or privileges under existing labor laws
3. Above acts would result in an intimidating, hostile, or offensive environment for the employee
- Education or training environment
1. Against one who is under the care, custody or supervision of the offender
2. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender
3. When the sexual favor is made a condition to the
a. giving of a passing grade
b. granting of honors and scholarships
c. payment of a stipend, allowance or other benefits, privileges or consideration
4. When sexual advances result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice
- Employer/Head of Office
o DUTY
- Prevent or deter the commission of acts of sexual harassment
- Provide the procedures for the resolution, settlement or prosecution of acts of
sexual harassment
o LIABILITY
- solidary liable for damages arising from the acts of sexual harassment if
o informed of such acts by the offended party and
o no immediate action is taken
- NOTE: This act shall not preclude the victim from instituting a separate and
independent action for damages and other affirmative relief.

III. DANGEROUS DRUGS














NOTES:
• Penalty no longer based on quantity except in case of possession under Sec. 11

CLASSIFICATION OF DRUGS
1. DANGEROUS DRUGS – Include those listed in the Schedules annexed to the 1961 Single Convention
on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971
Single Convention on Psychotropic Substances as enumerated in the attached annex which is an
integral part of this Act.
2. CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS -- Include those listed in Tables I and II of
the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as
enumerated in the attached annex, which is an integral part of this Act.

LIMITED APPLICATION OF THE REVISED PENAL CODE
• Impossable Penalty under Art 63(2) – mitigating/aggravating – DOESN’T apply

DEFINITIONS, DISTINCTIONS AND ELEMENTS OF THE OFFENSE
1. DRUG DEPENDENCE – pychic or physical or both following administration or use; periodic or
continuous
2. USE – injecting, consuming; introducing into the physiological system of the body
3. DELIVERY – knowledge; knowingly passing with or without consideration; personal or instructed
another
4. SALE: (1) identity of buyer and seller, object, consideration; (2) Delivery
§ Payment is immaterial
5. POSSESSION
o ELEMENTS
§ Actual possession
 Possession not authorized
§
Freely or consciously possessed – intent immaterial but must be proven that he has
§
INTENT TO POSSESS (animus posidendi) – actual and constructive (dominion or
control) possession; exclusive possession immaterial
o Absorbed/necessarily included in
§ Sale
§ Use
6. POSSESSION OF INSTRUMENT – separate crime
7. TRANSPORT – carry or convey from one place to another; MOVEMENT; not merely in car
8. POSSESSION + TESTED POSITIVE

PRESUMPTIONS UNDER THE LAW
• Possession of instruments gives prima facie evidence that accused used and therefore violated law
o Subjected to drug test within 24 hours if arresting officer has reasonable ground to believe that
he has physical signs of being under the influence
• Presence of CPEC or equipment in a clandestine laboratory is prima facie proof to manufacture

PROGRAMS FOR TREATMENT OF DRUG DEPENDENTS
1. APPLY to Board under Voluntary Submission Program
2. COMPULSORY CONFINEMENT under the Compulsory Submission Program

TREATMENT OF A MINOR
1. Suspended sentence for a first time offense
2. Probation or community service for a first time offense in lieu of imprisonment
3. Service of sentence as other convicts if violation of conditions of his suspended sentence

ENTRAPMENT, INSTIGATION, BUY-BUST, FRAME-UP
- Entrapment is valid; instigation (inducing) is a bar to prosection
- In entrapment, there must be a buy-bust operation – details of the purported transaction must be
clearly shown (OBJECTIVE TEST)

PROCEDURE UPON INITIAL SEIZURE OF DRUGS
1. Apprehending team shall have initial custody; inventory and photograph in the presence of the
accused with reps from media, DOJ and any elected official shall sign
2. 24 hours submit to PDEA forensic laboratory for quali and quanti test
3. certification of the forensic lab exam results; under oath; or provisionary certification if large
quantity
4. file criminal case; 72 ocular inspection; 24 hours destruction of drugs
5. Board will issue a certification of the destruction; submitted to court
6. Offender shall have the right to personally observe and will not constitute admission of guilt

B. Anti-Drunk and Drugged Driving Act of 2013 (R.A. 10586)
Punishable Acts (Sec. 5): Any person to drive a motor vehicle while under the influence of alcohol, dangerous
drugs and/or other similar substances.
Acts prohibited under this law: It is unlawful for
- any person to drive a motor vehicle
- while under the influence of alcohol, dangerous drugs and/or other similar substances”. (ADS)

Motor vehicle – any land transportation vehicle propelled by any power other than muscular power.
Field Sobriety Test (HOW)
- standardized tests to initially assess and determine intoxication.
- horizontal gaze nystagmus
- the one-leg stand
- the walk-and-turn

When can law enforcer (LEO) conduct field sobriety test?
- has probable cause to believe that a person is driving under the influence of ADS
- Indications: POWLSSE
o poor coordination
o overspeeding,
o weaving,
o lane straddling,
o sudden stops,
o swerving,
o evident smell of alcohol in a person’s breath or signs of use of DS.
If the driver fails the field sobriety test, what will happen?
- LEO shall determine blood alcohol level through a breath analyzer

If the law enforcement officer has probable cause to believe that a person is driving under the influence of drugs, what will
happen?
- LEO brings to nearest police station where a drug screening and/or confirmatory test is done.

If the driver is involved with a motor vehicle accident, is there a need to conduct the same test described above?
- Yes, screening and/or confirmatory test.
- Mandatory if accident leads to death/physical injury.

Will the driver be penalized if he refuses to take the mandatory test?
- Yes, confiscation and automatic revocation of his or her driver’s license

Note: Direct liability of operator and owner of offending vehicle.

How to Conduct a field Sobriety, Chemical and Confirmatory
Test (Sec. 6)
1. A law enforcement officer shall conduct a field sobriety test if:
• He has probable cause to believe that a person is driving
under the influence of alcohol, dangerous drugs and/or
other similar substances
• by apparent indications and manifestations, including
overspeeding, weaving, lane straddling, sudden stops,
swerving, poor coordination or the evident smell of
alcohol in a person’s breath or signs of use of
dangerous drugs and other similar substances.

Note: Field Sobriety Test are
1) the horizontal gaze nystagmus,
2) the walk-and-turn,
3) the one-leg stand,
4) and other similar tests as determined jointly by the DOH, the NAPOLCOM and the DOTC.

2. If the driver fails in the sobriety tests, it shall be the duty of the
law enforcement officer to implement the mandatory
determination of the driver’s blood alcohol concentration level
through the use of a breath analyzer or similar measuring
instrument.
• It shall be the duty of the law enforcement officer to bring
the driver to the nearest police station to be subjected to a