MSU Bar Operations 2018

CRIMINAL LAW
By:

JUDGE ARTHUR L. ABUNDIENTE

BOOK 1
Extra- territoriality of Penal Laws applies only in Crimes mentioned under Article 2
RPC and under certain special laws like the the Human Security Act. Crimes
committed outside, even by public officers, like defamation, or slander are not triable
in the Philippines

Probable cause and Mistake of Fact

STAGES OF COMMISSION

When is it consummated, frustrated, and attempted felony

In crimes against persons like murder or homicide, mortal wound should be inflicted
to consider it in its frustrated stage if the victim did not die

INSTIGATION VS. ENTRAPMENT

Note that in “instigation”, the person instigated or induced is NOT liable since he
has no intent to commit the crime. It was the police officer who induces him to
commit the crime. In “entrapment, the person entrapped is criminally liable.

This may be asked in connection with R.A. 9165

Doctrine of “probabale cause”

JUSTIFYING CIRCUMSTANCES

Elements of self-defense:

1. unlawful aggression
2. reasonable necessity of the means employed to prevent or repel it
3. lack of sufficient provocation on the part of the person defending himself

No unlawful aggression when there is an agreement to fight

EXEMPTING CIRCUMSTANCES

In connection with RA 9344:

• Age is 15 below, exempt from criminal liability

• Over 15 under 18, exempt unless he acted with discernment

AGGRAVATING CIRCUMSTANCES

Advantage was taken by the offender of his public position. This could not be offset
by mitigating circumstances and the penalty has to be imposed in its maximum
period.

The crime was committed by an organized/syndicated crime group [Art. 62 [1]. It

exists when the crime was committed by a group of two or more persons
collaborating, confederating or mutually helping one another for purposes of gain.

BAND VERSUS BRIGANDAGE

When more than three armed persons shall have acted together for the commission
of a crime, it shall be deemed to be committed by a band. This is only an
aggravating circumstance.

Brigandage on the other hand exists when more than three armed persons form a
band of robbers for the purpose of committing robbery in the highway, or kidnapping
persons for the purpose of extorting ransom, or for other purposes to be attained by
means of force and violence. This is a felony.

RECIDIVISM, HABITUAL DELINQUENCY, REITERATION QUASI-RECIDIVISM

A recidivist is one who, at the time of the trial for his crime, shall have been
previously convicted by final judgment of another crime embraced in the same Title
of the Revised Penal Code.

Reiteration is when the offender had been previously punished for an offense to
which the law attaches and equal or greater penalty or for two or more crimes to
which the law attaches a lighter penalty

Habitual delinquency exists when within a period of ten years from his last release or
last conviction of the crime of serious or less serious physical injuries, robo, hurto,
estafa, or falsification, he cis found guilty of any of said crimes a third time or oftener
ALTERNATIVE CIRCUMSTANCE

Intoxication may be appreciated either as mitigating or aggravating. Intoxication is

generally mitigating, UNLESS it is habitual, or subsequent to the plan to commit the
crime.

PRINCIPALS, ACCOMPLICES AND ACCESSORIES

Their participations: Principals by direct participation, by inducement, and by

indispensable cooperation

• Accomplice’ participation is by previous or simultaneous act

• Accessory’s participation is subsequent to the commission of the crime
• Note that there are accessories who are exempt from criminal liability under
Article 20

PARDON

Pardon by the private offended party must be given before the institution of the
criminal action to bar criminal prosecution. It is limited to the crimes of concubinage,
adultery, seduction, abduction, rape, and acts of lasciviousness

Pardon given by the President is given after the judgment of conviction becomes
final. It is one of the grounds for the total extinction of criminal liability. It does not
restore the pardonee’s right of suffrage unless such disqualification is expressly
remitted in the pardon

ACCESSORY VS. SUBSIDIARY PENALTY

Both penalties can be imposed only when the judgment of conviction is already final
and executory.

Accessory penalties are deemed imposed even of the decision or judgment is silent
as to its imposition. Subsidiary penalty however can be imposed only if it is
expressly stated in the decision.

COMPLEX CRIMES

When a single act constitutes two or more grave or less grave felonies

Or when an offense is a necessary means of committing another

No complex crime of Rebellion, or Treason, with common crimes, and the latter are
absorbed if committed in pursuance of the crime of rebellion or treason

Ordinary crimes committed not in relation thereto, are treated separately

Computation of penalty in relation to the Indeterminate Sentence law; the Gayrana
ruling was superseded by the Gonzales Ruling

TOTAL EXTINCTION OF CRIMINAL LIABILITY

Death in so far as his criminal liability is concerned. As to his civil liability, death
extinguishes it only if it occurs before final judgment

Distinction between Amnesty and Absolute Pardon

Prescription of crimes

Prescription of penalty

Marriage by the offender with the offended party

SUBSIDIARY PENALTY OF HOTEL-KEEPERS

Subsidiarily civilly liable for damages when there was violation of ordinances or laws;

Not Subsidiarily civilly liable for loss of valuables of guests for robbery with violence
against or intimidation of persons UNLESS the crime was committed by its
employees

OBLIGATION TO MAKE RESTITUTION

Any person who participated gratuitously in the proceeds of a felony shall be bound
to make restitution in the amount equivalent to the extent of his participation.

Book 2:
When is the “taking of a personal property” considered THEFT, ROBBERY,
ESTAFA, OR MALVERSATION

THEFT when there is no force, or violence, without the consent of the owner

ROBBERY when there is violence or intimidation, or force upon things. Note that it is
Robbery with Homicide if the primordial purpose of the accused is to rob the victim,
and death merely resulted as a consequence thereof

ESTAFA when there is fraud and damage. Estafa is characterized by unfaithfulness

or abuse of confidence, false pretenses, with fraudulent misrepresentation or acts
executed prior to or simultaneously with the commission of fraud, or through
fraudulent means. Note that RA 10951 deleted par. 2[e] an it is no longer a crime to
obtain food or accommodation without paying for it.

MALVERSATION when the offender is an accountable public officer and he

embezzled public funds or property. NOTE that there is a prima facie presumption of
malversation.

IN CRIMES AGAINST PERSONS

When is wrongful death considered PARRICIDE, DEATH UNDER EXCEPTIONAL

CIRCUMSTANCES, MURDER, HOMICIDE, INFANTICIDE, UNDER TUMULTUOUS
AFFRAY, DUEL, OR HOMICIDE THROUGH RECKLESS IMPRUDENCE?

IT IS PARRICIDE WHEN:

The a person kills his father, mother, or child, whether legitimate or illegitimate;

Other legitimate ascendants or descendants

Legitimate spouse. Killing a common-law spouse is NOT parricide. Under PD 1083

which embodies the Muslim Personal Laws and which recognizes and allows
polygamous marriages, killing the second, third, or fourth spouse, or other spouses
lawfully married to the accused in accordance with PD 1083, is also considered
parricide

DEATH UNDER EXCEPTIONAL CIRCUMSTANCE, WHEN:

A LEGALLY married person, who having surprised his spouse in the act of sexual
intercourse with another person, shall kill any of them, or both of them in the act, or
immediately thereafter;

With parents with respect to their daughter under 18 years of age, and their seducer,
while the daughter is living with her parents.

NOTE that the penalty is DESTIERRO. The same penalty if the injury inflicted is
physical injuries. If the penalty inflicted is of any other kind, he shall be exempt from
punishment.

KILLING IS MURDER, WHEN

Without the circumstances under Art. 246, shall kill another with the presence of the
qualifying circumstances of Treachery; consideration of price, reward, or promise; by
means of inundation, fire poison, explosion etc; on the occasion of calamity or
misfortune; with evident premeditation; or with cruelty.
NOTE that the qualifying aggravating circumstance/s must be alleged in the
Information, otherwise they shall not be considered or appreciated even if proven
during the trial

KILLING IS HOMICIDE, WHEN

Without being a relative under Article 246, kills another without the presence of any
qualifying aggravating circumstances under Article 248.

UNDER TUMULTUOUS AFFRAY, WHEN:

When several persons not composing groups organized for common purpose of
assaulting or attacking each other, assault each other in a tumultuous manner, and
in the course thereof, someone is killed, but it could not be determined or
ascertained who actually killed the victim, but the person who inflicted physical
injuries can be identified, he shall be liable for the death.

NOTE of the definition of “tumult” . It is tumultuous if caused by more than three

persons who are armed or provided with means of violence

KILLING IS INFANTICIDE, WHEN:

A person is liable for Infanticide when he kills a person less than three [3] days old.
The penalty is provided for under Art. 246 for parricide, and Art. 248 for Murder.

Note that if the accused is the mother of the child for the purpose of concealing her
dishonour, the penalty shall be prision mayor medium to maximum. If committed by
MATERNAL grandparents for the same purpose, the penalty shall be reclusion
temporal

The father CANNOT AVAIL of this mitigating circumstance of concealing dishonour if

he kills his child less than 3 days old

HOMICIDE THROUGH RECKLESS IMPRUDENCE, WHEN:

A person kills another without intent to kill, but the intent was replaced by negligence,
or imprudence.

Reckless imprudence consists of voluntarily but without malice, doing or failing to do

an act from which material damage results by reason of inexcusable lack of
precaution on the part of the person performing or failing to perform an act, taking
into consideration the employment or occupation, degree of intelligence, physical
condition, other circumstances regarding the person, time and place.
DEPRIVATION OF LIBERTY:

When is it punished as Arbitrary detention, Delay in the delivery of detained person

to judicial authority, Delaying Release, Unlawful Arrest, Kidnapping, Slight Illegal
Detention, Slavery, or Forcible Abduction,

BY A PUBLIC OFFICER:

It is Arbitrary Detention when a public officer detains another without legal or lawful
ground.

It is punished as Delay in the Delivery of Detained Person when there is a ground to

detain another, but fails to deliver the detained person within 12 hours for acts
punishable with light penalty, 18 hours if for less grave penalties, and 36 hours if for
grave penalties

It is punished as Delaying Release when there was ground for detention, and there
was a subsequent judicial or executive order for the release of the detainee, but the
public officer unduly delays the release, or unduly delays the service of such notice
or order for the release of the detainee

DETENTION BY A PRIVATE PERSON

It is punished as Kidnapping or Serious Illegal Detention when committed by any

private individual who shall kidnap or detain another or in any manner deprive him of
his liberty.

• If it lasted for more than three days

• If committed simulating public authority
• If serious physical injuries, or threats to kill him were made
• If the person kidnapped is a minor except when accused is any of the
parents woman public officer

Maximum penalty when the purpose is to extort ransom or when the victim dies or
raped, or tortured or dehumanizing act

Punished as Slight Illegal Detention if accused voluntarily release the victim within
three days, without having attained the purpose.

DETENTION BY PRIVATE PERSON…

It is punished as Unlawful Arrest when a private person, without reasonable ground

therefor, shall arrest another for the purpose of delivering him to the proper
authorities [Art. 269]
It is punished as Slavery if a person shall purchase, sell, kidnap, or detain another
human being for the purpose of enslaving him, or for assigning him or her to an
immoral traffic.

It is punished as Forcible Abduction when committed by any person who abducts

any woman against her will and with lewd design.

It is punished as Consented Abduction when the victim is a virgin over 12 and under
18 years of age, carried out with her consent and with lewd design

MOVEMENT AGAINST THE STATE

When punished as Treason, Rebellion, Coup d’etat, or Sedition

It is punished as Treason when committed by any person who when there is a war
and the Philippines in involved, and who owes permanent or temporary allegiance to
the government, levies war against the government, or adheres to the enemy by
giving them aid or comfort.

In Treason, take note of the Two-Witness rule

The offender may be tried in the Philippines although the treasonous act was
committed abroad

REBELLION…

It is punished as Rebellion or Insurrection when the accused rise publicly and take
up arms against the Government of the Philippines for the purpose of removing from
the allegiance of the government or its laws its territory or a portion thereof, or any
body of land, naval or armed forces; or to deprive the executive or legislative of any
of its powers or prerogatives

Rebellion is a continuing crime and any common crimes committed in pursuance

thereof like Murder, Arson, etc are absorved in one crime of Rebellion although
these acts were committed in different occasions

No complex crime of Rebellion with ordinary crimes

COUP D’ETAT:

It is punished as Coup d’etat when the offenders committed a crime characterized as

a swift attack accompanied by violence, intimidation, threat, stealth, or strategy
directed against duly constituted authorities of the Republic of the Philippines, or any
military camp or installation, communication networks, public utilities, or other
facilities needed for the exercise and continued possession of power, singly or
simultaneously carried out anywhere in the Philippines, with or without civilian
support, by any person belonging to the military, police, or holding any public office
or employment, with or without civilian support, for the purpose of seizing or
diminishing state power

SEDITION:

Punished as Sedition when committed by persons who rise publicly and

tumultuously in order to attain by force, intimidation, or by other means outside of
legal methods the purposes mentioned under Article 139

It is tumultuous when caused by more than three persons who are armed or
provided with means of violence [Art. 153]

CRIMES COMMITTED BY PUBLIC OFFICERS

Public officers are those who, by direct provision of law, by popular election, or
appointment by competent authority shall take part in the performance of public
functions in the Government, or shall perform in said government or any branches
public duties as an employee, agent, or subordinate official of any rank or class.

Person in authority is any person with jurisdiction whether as an individual, or

member of a court, tribunal or government corporation or board, or commission.

An agent of a person in authority is by direct provision of law, by election, or

appointment by competent authority, is charged with the maintenance of public order
and the protection and security of life and property.

VIOLATION OF DOMICILE VERSUS… TRESPASSING

It is Violation of Domicile when committed by a public officer who, without authority,

enters a dwelling without the consent of the owner thereof and search papers or
other effects found therein; or by a public officer who surreptitiously entered a
dwelling and being required to leave, refuse to do so.

Qualified Trespass to Dwelling is committed by a private person who enters the

dwelling of another without the latter’s consent

OFFENDING RELIGIOUS FEELINGS

Committed by any person [public officer or private individual] who, in a place

dedicated to religious worship or during the celebration of any religious ceremony,
shall perform an act notoriously offensive to the feelings of the faithful.
Thus, when the accused, a private individual entered the Church during a mass,
bring a placard calling categorizing priests “Damaso”, that notorious priest in Rizal’s
novel Noli Mi Tangere, which offended those who attended the mass, the crime
committed the crime of Offending Religious Feelings

CARNAL INTERCOURSE IS:

RAPE when committed by a man who has carnal intercourse with a woman

1. through force, threat or intimidation

2. when the offended party is deprived of reason or otherwise unconscious
3. by means of fraudulent machination or grave abuse of authority
4. when the offended party is under twelve years of age or is demented

NOTE THAT IN RAPE, THE SLIGHTEST PENETRATION CONSUMMATES

THE CRIME. IT IS EVEN CONSIDERED CONSUMMATED EVEN IF THERE
WAS NO HYMENAL LACERATION

SEDUCTION when the victim is a virgin, over twelve but under eighteen years of
age, committed by any person in public authority, priest, home-servant, domestic,
guardian, teacher, or any person who, in any capacity shall be entrusted with the
education or custody of the woman seduced.

USURPATION OF AUTHORITY

Usurpation of authority or official function is committed when a person knowingly and

falsely represent himself to be an officer, agent or representative of any department
or agency o the Philippine government or of any foreign government; or who under
pretense of official position, shall perform any act pertaining to any person in
authority or public officer of the Philippine government, or any foreign government or
any agency thereof without being lawfully entitled to do so.

OTHER FORMS OF USURPATION

Usurpation of legislative powers is committed by any public officer who shall

encroach upon the powers of the legislative branch either by making general rules or
regulation beyond the scope of his authority, or by attempting to repeal a law or
suspending the execution thereof

Usurpation of executive function is committed by any Judge who shall assume any
power pertaining to the executive authorities, or shall obstruct the latter in the lawful
exercise of the powers.
Usurpation of Judicial functions is committed by any officer in the executive branch
of the government who shall assume judicial powers or shall obstruct the execution
of any order or decision rendered by any Judge within his jurisdiction

INFIDELITY OF PUBLIC OFFICERS

Infidelity in the custody of prisoners: [1] conniving with or consenting to evasion; [2]
evasion through negligence [3] escape of prisoner under the custody of a person not
a public officer

Infidelity in the custody of documents: [1] removal, concealment or destruction of

documents [2[ officer breaking seal [3] opening of closed documents

GRAVE THREAT AND GRAVE COERCION

A Grave threat is committed by any person who shall threaten another with the
infliction upon the person, honor, property, of the latter of of his family of any wrong
amounting to a crime

Grave coercion is committed by any person who, without authority of law, shall by
means of violence, threats, or intimidation, prevent another from doing something
not prohibited by law, or to compel him to do something against his will whether it be
right or wrong. A higher penalty shall be imposed if the coercion is committed in
violation of the right of suffrage, or the exercise of religion

ART. 332: NO CRIMINAL BUT ONLY CIVIL LIABILITY

Persons exempt from criminal liability:

1. spouses, ascendants, descendants, or relatives by affinity in the same

degree
2. Widowed spouse with respect to the property which belonged to the
deceased spouse before the same have passed into the possession of
another

This exemption from criminal liability does not apply when the crime is
complexed with another crime. Example, ESTAFA thru FALSIFICATION

SIMULATION OF BIRTH, SUBSTITUTION OF ONE CHILD FOR ANOTHER, ETC

Simulation of birth, substitution of one child for another, concealment, and

abandonment of legitimate child are punishable

Concealment and abandonment of a legitimate child to lose his civil status

ART. 349: BIGAMY

ELEMENTS:

1. The offender is legally married;

2. The marriage has not yet been dissolved, or the absent spouse is absent
but presumptive death has not yet been declared by the court

3. The accused contracted another marriage

4. the subsequent marriage has all the essential requisites for validity.

NOTE: THE MUSLIM GAMBIT HAD BEEN REJECTED BY THE COURT

CYBERLIBEL

The SC struck down as unconstitutional the penalizing of people who AID OR ABET
online libel as provided for under RA 10175

While it upheld ONLINE LIBEL as a crime BUT ONLY THE ORIGINAL AUTHOR is
to be penalized. Those who merely “LIKE” IT are not liable

BP 22

There is prima facie evidence of knowledge of insufficiency of funds if the check is

presented within ninety [90] days from the date of the check, and was dishonoured,
and the drawer received a notice of dishonour, and the drawer or maker of the chcl
fails to pay the amount due thereon within five banking days after receiving the
notice.

Such presumption cannot arise if the notice of dishonour is not sent to the drawer, or
if there is no proof that such notice was sent and received by the drawer since there
is no way to reckon the crucial 5-day period.

The absence of a notice of dishonour necessarily deprives the accused an

opportunity to preclude a criminal prosecution.

ANTI-FENCING LAW [PD 1612]

It is the act of any person who with intent to fain for himself or for another, shall bur,
receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell or
in any other manner deal in any article, items, object or anything of value which he
knows or shown be known to him to have been derived from the proceeds of the
crime of robbery or theft.
The presumption of fencing arises only when the article or item involved is the
subject of robbery or theft. The presumption of fencing applies when a person paid a
price so inadequate for the value of the thing suggestive that it was nit legitimately
acquired by the seller.

CARNAPPING

It 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.

Carnapping in aggravated form [qualified carnapping] is committed when the owner,

friver, or occupant of the carnapped motor vehicle is killed, or raped in the course of
the commission of carnapping or on occasion thereof

HUMAN SECURITY ACT [R.A. 372]

TERRORISM is committed by any person who commits any of the following crimes:
Piracy, Rebellion, Coup d’tat. Murder, Kidnapping and Serious illegal detention,
Crimes involving destruction, Violations of RA `1612, RA 6969, Roxic susbtances and
hazardous nuclear waste, Atomic Energy Regulatory Act, Anti Hijacking law, Anti
highway robbery law, PD 1866 as amended, thereby sowing and creating an extra-
ordinary fear and panic among the populace in order to coerce the government to
give in to an unlawful demand. Penalty is 40 years without the benefit of parole

Mere conspiracy to commit Terrorism is punishable with forty [40] years of

imprisonment

Accessories who are spouse. Ascendants, descendants, legitimate, natural, or

adopted brothers and sisters or relatives by affinity within the same degrees are
exempt from criminal liability except those who profited themselves or assisted the
offenders to profit from the effects of the crime.

HUMAN SECURITY ACT

Marawi siege is considered to be an example of violation of RA 9372

Period of detention without judicial authorization of a person charged or suspected

of the crime of terrorism or the crime of conspiracy to commit terrorism, is three [3]
days, counted from the moment the person suspected of terrorism was apprehended,
without incurring any criminal liability under Article 125 RPC, PROVIDED that the
arrest was the result of a surveillance, or examination of bank deposits. Before
detaining such person, the latter must be presented before any Judge at the latter’s
residence or office nearest the place where the arrest was made at any time of day
or night. The Judge shall ascertain the identity of the police or law enforcement
personnel and the person/s they arrested. The Judge shall then submit to the court
of competent jurisdiction his report

Upon acquittal, any person who is accused of terrorism shall be entitled to the
payment of damages in the amount of P500,000.00 per day of detention [Sec. 50]

RA 9344

Age is 15 years old or below: EXEMPT from criminal liability. He shall be subjected
to intervention program. He is not exempt from civil liability

AGE IS OVER 15 BUT UNDER 18: If he did not act with discernment, he shall be
exempt from criminal liability. Not exempt from civil liablity

AGE IS OVER 15 UNDER 18 and he acted with discernment: He is not exempt from
criminal liability, He shall be subjected to the criminal proceedings in accordance
with RA 9344. Entitled to suspended sentence in case of conviction even if he did not
apply for it

Once the child who is under 18 years of age at the the time of the commission of a
crime is found guilty of the offense charged, the court shall determine abd ascertain
any civil liability which may have resulted. However instead of pronouncing the
judgment of conviction, the court shall place the child under suspended sentence,
without need of application. Provided however that the suspension of sentence shall
be supplied even if the juvenile is already eighteen years of age at the time of the
pronouncement of his sentence. [Sec. 38]

RA 9344

Discharge of the child in conflict with the law. Upon recommendation of the social
worker who has custody of the child, the court shall dismiss the case against the
child whose sentence has been suspended, and shall order his final discharge. The
discharge shall not affect the civil liability.

If the court finds that the child has wilfully failed to comply with the conditions of his
disposition or rehabilitation program, the child shall be returned to the court for the
execution of judgment.
R.A. 9262

Violence against women or children refers to any act or series of acts committed by
any person against a woman who is his wife, former wife, or against a woman with
whom the person has or had sexual or dating relationship, or with whom he has a
former child, or against his child, whether legitimate or illegitimate.

Battered woman syndrome. Victims or survivors who are found by the courts to be
suffering from battered woman syndrome do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for the justifying circumstance of
self-defense.

PROTECTION ORDERS WHICH MAY BE ISSUED:

Barangay Protection Order [BPO] may be issued by the Barangay Captain.

Temporary Protection Orde [TPO] may be issued by the court. Valid for 30
days

Permanent Protection Order [PPO] issued by the court after notice and
hearing, valid until revoked

R.A. 7610: SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,

ETC

PUNISHAABLE ACTS:

1. Child prostitution and other sexual abuse

2. Child trafficking [trading and dealing with children, for money or gain]

3. Obscene publication and indecent shows

Other acts of abuse [neglect, cruelty, and other conditions prejudicial to the
cbhikd’s development]

RA 9775: ANTI CHILD PORNOGRAPHY ACT OF 2009

Child. Any person below 18 years of age or over but is unable to full take care of
himself/herself from abuse, neglect, cruelty, exploitation or discrimination beause of
physical or mental disability or condition

Child pornography. Any representation whether visual, audio or written combination

thereof, by electronic, mechanical, digital, optical, magnetic, or any other means, of
child engaged or involved in real or simulated explicit sexual activities
RA 8049: ANTI-HAZING LAW

Hazing. An initiation rite or practice as a pre-requisite for admission into membership

in fraternity, sorority, or organization by placing the recruit neophyte or applicant in
some embarrassing or humiliating situations, or subjecting him to physical or
psychological sufferings.

The physical, mdntal and psychological testing and training procedure to enhance
and determine the physical, metal, and psychological fitness of prospective
members of the AFP, PNP, as approved by the DND and NAPOLCOM shall not be
considered as hazing.

RA 3019: THE ANTI GRAFT AND CORRUPT PRACTICES ACT

Persons covered by RA 3019

All public officers, who by direct provision of law, by popular election, or appointment
by competent authority, permanent or temporary, whether in the classified, non-
classified, or exempt service receiving regular or nominal compensation from the
government.

R.A. 7080: ANTI-PLUNDER ACT

Persons liable: any person holding public office in the Government of the Pnilippines
by virtue of direct provision of law, appointment by competent authority, popular
election, or contract.

A private person who conspires with the public official may also be held liable for
Plunder

Plunder is a crime committed by a public officer himself, or in connivance with

members of his family, relatives bny affinity or consanguinity, business associates,
subordinates or other persons by amassing, accumulating, or acquiring ill-gotten
wealth through combination or series of acts tin the aggregate amount or value of
Fifty Million [50M] pesos.

Ill-gotten wealth refers to any asset, property, business enterprise, or material

possession of any person, acquired ny a public officer directly or indirectly through
dummies, nominees, associates, agents, or subordinates.
R.A. 10591: ILLEGAL POSSESSION OF FIREARMS, AMMUNITIONS, ETC.

If the unlicensed firearm is used in furtherance of the crime of rebellion sedition, or

coup d’etat, the use of unlicensed firearms or explosives is ABSORBED.

The use of unlicensed firearm is considered AGGRAVATING in the crime of Murder

or Homicide

When a person commit any crime with the use of explosives, detonation agents, or
incendiary devices which results in the death if any person or persons, the use of
such explosives, detonation agents or incendiary devices shall be considered as
AGGRVATING CIRCUMSTANCES

The unlawful manufacture, sale, acquisition, disposition or possession of firearms

and ammunitions etc. are likewise absorbed in the crime of rebellion, sedition, coup
d’etat

R.A. 4200: ANTI-WIRE TAPPING LAW

It punishes the following acts:

a. Not being authorized by all the parties to any private communication, or spoken
word, to tap any wire or cable, or to secretly overhear, intercept, or record such
communication or spoken word byb using a device;

Be he a participant or not in the act or acts penalized afore-mentioned, to knowingly

possess any tape record, wire record, disc record, or any such record, or copies
thereof, of any communication or spoken worde, or to replay the same for any other
person or persons, or to furnish transcription thereof, whether complete or partial.

R.A. 4200

NOTES: An extension telephone cannot be placed in the same category as

Dictaphone, dictagraph or the other devices under RA 4200 as the use thereof
cannot be used as “tapping”. [Gaanan vs. CA]

Absent a clear showing that both parties to the telephone conversation qllowed the
recording of the same, the INADMISSIBILITY of the subject tapes is MANDATORY
R.A. 9194 ANTI MONEY LAUNDERING ACT

Money laundering, defined. Crime wherein the proceeds of unlawful activity are
transacted, making it appear to have come from lawful transaction

Covered transation are those transaction in cash or other equivalent monetary

instrument involving a total amount in excess of Php 500,000.00 within one [1]
banking day

RA 9995: ANTI PHOTO AND VIDEO VOYEURISM ACT OF 2009

Acts punished:

A. 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 such as the naked or undergarment, clad genitals, buttocks, or female
breasts without the consent of the person involved

B. To copy or reproduce, or cause to be copied or reproduced such photo or

videop or recording of a sexual act with or without consideration

To sell or distribute or cause to be sold or distributed such phor or video whether it

be original copy or reproduction thereof.

To publish or boradcaset, or cause to be published or broadcast whether in print or

broadcast media the photo or video coverage or recording

R.A. 9165: COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Section 5. Sale, Trading, Administration, etc.

A. Elements of Selling: [1] identity of the buyer, and the seller, the object and
the consideration thereof; [2[ the delivery of the thing sold, and the payment
therefor.

NOTE: THE ABSENCE OF THE BUY-BUST MONEY WILL NOT

PREJUDICE THE PROSECUTION FOR AS LONG AS THE SALE OF THE
DANGEROUS DRUGS IS PROVEN, AND THE CHAIN OF CUSTODY IS
NOT VIOLATED IN ORDER TO PRESERVE THE INTEGRITY AND
PROBATIVE VALUE OF THE SEIZED EVIDENCE
SECTION 11. POSSESSION

Elements:

1. The accused was in possession of an illegal drugs

2. Such possession is not authorized by law

3. The accused was freely and consciously aware of being in possession of the
drugs.

Thus, a person cannot be held criminally liable for possession of illegal drugs if
he/she is unaware of the content of the container handed to her.

SEC. 28: ATTEMPT AND CONSPIRACY

Mere attempt or conspiracy to commit the following, shall be penalized with the
same penalty prescribed for the commission of the same:

1. Importation of dangerous drugs, controlled chemicals

2. Sale, trading etc

3. Maintenance of drug de or dive

4. Manufacture of dangerous drugs

5. Cultivation or culture of plants which are sources of dangerous drugs

MY DEAR EXAMINEES, MAY YOU BE GUIDED BY GOD… GOD BLESS YOU

ALL…

AMEN…..