SPL FINALS REVIEWER Q: Grade 1 – too hard for me – parent sends child to Grade
1 – child abuse?
1. ANTI-CHILD ABUSE LAW
Child Abuse- refers to maltreatment, whether habitual or not,
of the child which includes any of the following:
1) Physical or psychological abuse, neglect, cruelty, sexual
abuse and emotional maltreatment
2) Any act by deed or words which debase, degrades or
demean the intrinsic worth and dignity of a child as a
human being.
3) Unreasonable deprivation of his basic needs for survival
such as food and shelter, or
4) Failure to immediately give medical treatment to an injured
child resulting in serious impairment of his growth and
development or his permanent incapacity or death.
- Not all acts committed against a child will result to
child abuse. It is necessary that in the said act, there
was this intention to debase, degrade or demean the
intrinsic worth of a child as a human being.
T/F: A victim under this law would always be below 18
years old?
- False. It can be over 18
- Children- are those:
o Below 18 years of age
o Above 18 years of age who does not have
the capacity to fully protect themselves
against any abuse, cruelty, or maltreatment
because of their physical and mental
disability
- It includes not only those who are below 18 but those
above 18 provided that they cannot protect
themselves due to their physical or mental disability
T/F: All those who may be punished under this law are
above 18 years old?
-
ACTS PUNISHABLE
1) Child prostitution and other sexual abuse Section 5
Note: Under Section 6, there is an attempt to commit
child prostitution
2) Child trafficking
Note: Under Section 8, there is an attempt to commit
child trafficking,
3) Engagement of children in obscene publications and
indecent show
4) Engagement of children in the worst forms of child labor
5) Employment of children as model in advertisement directly
or indirectly promoting alcoholic beverages, intoxicating
drinks, tobacco and its byproducts, gambling or any form
of violence or pornography
6) Discrimination of children of indigenous cultural
communities
7) Other Acts of Neglect, Abuse, Cruelty or Exploitation and
Other Conditions Prejudicial to the Child's Development
- Ex. Depriving child of basic necessities
Q: Person will spank an 8yr old child for misbehaving,
child abuse?
- Depends. For discipline.
Q: If it was one time? Hit with metal stick?
- Child abuse.
Q: How will you know it will affect the child?
- No.
Q: Can you ask the child to go face the wall as punishment
for misbehaving?
- Depends how long.
Q: Lumuhod ka sa monggo beans?
- Child abuse
Q: Clean the house?
- Form of disciplining
What if the parents imposed on their children to be home
by 6pm or else no dinner?
-
How do you reconcile power of parents to discipline and
child abuse?
- Act of child sought to be disciplined should be
commensurate to the act of disciplining
Q: What is child-trafficking?
SEC. 7. Child Trafficking- Any person who shall engage in
trading and dealing with children including, but not limited to,
the act of buying and selling of a child for money, or for any
other consideration, or barter.
So if you get a 16-year-old lady from a province and bring
that child to Manila to be a household help? Child
trafficking?
Q: Can you ask a child to work for example in a sari-sari
store?
"Sec. 12. Employment of Children. — Children below 15
years of age shall not be employed except:
1) When a child works directly under the sole
responsibility of his parents or legal guardian and
where only members of the employer's family are
employed:
- Provided, however, that his employment neither
endangers his life, safety, health and morals, nor
impairs his 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
2) Where a child's employment or participation in public
entertainment or information through cinema, theater,
radio or television is essential:
- Provided, The 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 DOLE: and
- Provided, That the following requirements in all
instances are strictly complied with:
a) The employer shall ensure the protection, health,
safety, morals and normal development of the
child
b) The employer shall institute measures to prevent
the child's exploitation or discrimination taking
into account the 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.
d) Employment does not involve commercials or
advertisements promoting alcoholic beverages,
 intoxicating drinks, tobacco and its byproducts
and violence
In the above-exceptional cases where any such child may be
employed, the employer shall first secure, before engaging
such child, a work permit from the DOLE which shall ensure
observance of the above requirements.
SEC. 12-A. Hours of Work of a Working Child
Age Provision
Below 15 May be allowed to work for not more than 20
years of age hours a week: provided that the work shall
not be more than 4 hours at any given day
Not allowed to work between 8:00 PM and
6:00 AM of the following day
15 years of Not allowed to work for more than 8 hours a
age but below day and in no case beyond 40 hours a week
18
Not allowed to work between 10:00 PM and
6:00 AM the following day
Who are liable under child abuse?
1) Any person who shall commit any other acts of child
abuse, cruelty or exploitation or to be responsible for other
conditions prejudicial to the child's development.
2) Any person who shall keep or have in his company a
minor, 12 years or under or who in 10 years or more his
junior in any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or
similar.
Provided, that this provision shall not apply to any
person who is related within the 4 th degree of
consanguinity or affinity or any bond recognized by
law, local custom and tradition or acts in the
performance of a social, moral or legal duty.
3) Any person who shall induce, deliver or offer a minor to
any one prohibited by this Act to keep or have in his
company a minor as provided in the preceding paragraph.
4) Any person, owner, manager or one entrusted with the
operation of any public or private place of accommodation,
whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along
with him to such place or places any minor herein
described.
5) Any person who shall use, coerce, force or intimidate a
street child or any other child to:
a) Beg or use begging as a means of living;
b) Act as conduit or middlemen in drug trafficking or
pushing;
c) Conduct any illegal activities
Who may file a complaint?
a) Offended party
o Child alone can file – with police or prosecutor
b) Parents or guardians;
o Should they personally know/witness before they
can file? No.
c) Ascendant or collateral relative within the 3rd degree of
consanguinity;
d) Officer, social worker or representative of a licensed child-
caring institution;
e) Officer or social worker of the DSWD
f) Local social welfare development officer;
g) Barangay chairman
o Should they personally know/witness before they
can file? No.
h) Any law enforcement officer
o Including barangay tanod
o Also NBI
i) At least 3 concerned responsible citizens residing in the
place where the violation occurred;
o Why require 3?
o To get a sense of what the community
standard is.
j) Any person who has personal knowledge of the
circumstances of the commission of any offense under this
Act.
2. ANTI-CHILD PORNOGRAPHY
Child refers to a person below 18 years of age or over, but is
unable to fully take care of himself/herself from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or
mental disability or condition.
T/F: There should be a child involved before there can be
violation under Child Pornography?
- False. A person can impersonate a child.
T/F: Unless a child is involved, or a person impersonating
a child involved, there can be no violation of child
pornography?
- Even if it was a child or person portraying as a
child, it can be committed through images or
computer generated image of a child.
Q: Did we not learn in Crim 1 RPC there is no crime if there
is no victim? If no child involved, why do we punish the
act?
- Impossible crimes
- Offender has the intention to commit the crime
but becomes impossible due to some causes
- WHY: To punish the criminal intent or the
perversity of the mind.
- In child pornography, we punish it even if there is
no victim.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or
portrayed as a child as defined herein; and
(2) computer-generated, digitally or manually crafted images
or graphics of a person who is represented or who is made
to appear to be a child as defined herein.
- It includes not only those within the definition of
the law but those who are presented as a child
regardless of age.
- The reason is to prevent perversity surrounding a
child to deter (if not to remove completely) any
forms of child pornography
Child pornography- refers to 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.
Explicit Sexual Activity- includes actual or simulated -
1) As to form:
a) sexual intercourse or lascivious act including,
but not limited to, contact involving genital to
genital, oral to genital, anal to genital, or oral
to anal, whether between persons of the
same or opposite sex;
2) bestiality
3) masturbation;
4) sadistic or masochistic abuse;
 5) lascivious exhibition of the genitals, buttocks, breasts,
pubic area and/or anus; or
6) use of any object or instrument for lascivious acts
Grooming- refers to the act of preparing a child or someone
who the offender believes to be a child for sexual activity or
sexual relationship by communicating any form of child
pornography. It includes online enticement or enticement
through any other means.
Luring- refers to the act of communicating, by means of a
computer system, with a child or someone who the offender
believes to be a child for the purpose of facilitating the
commission of sexual activity or production of any form of child
pornography.
Q: What is pandering?
Pandering- refers to the
 act of offering, advertising, promoting, representing or
distributing through any means any material or purported
material
 that is intended to cause another to believe that the
material or purported material contains any form of child
pornography,
 regardless of the actual content of the material or
purported material.
Prohibited Acts/ Who are liable?
(1) To hire, employ, use, persuade, induce or coerce a child to
perform in the creation or production of any form of child
pornography
(2) To produce, direct, manufacture or create any form of
child pornography;
(3) To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;
(4) To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast:
- Provided. That possession of 3 or more articles
of child pornography of the same form shall be
prima facie evidence of the intent to sell,
distribute, publish or broadcast;
(5) To knowingly, willfully and intentionally provide a venue for
the commission of prohibited acts as, but not limited to,
dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate business;
(6) For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
(7) For a parent, legal guardian or person having custody
or control of a child to knowingly permit the child to
engage, participate or assist in any form of child
pornography;
(8) To engage in the luring or grooming of a child
(9) To engage in pandering of any form of child pornography;
(10) To willfully access any form of child pornography;
Q: A person who will access the internet for child
pornography – liable or not liable? Did not buy, sell,
create or reproduce?
- Yes. Under #10
Q: Open a link, click, opened child pornography, liable
or not liable?
- persons’ even if it does not involve any of the means set forth
Q: Is intent to watch material for child pornography?
-
(11) To conspire to commit any of the prohibited acts
stated in this section. Conspiracy to commit any form of
child pornography shall be committed when 2 or more
persons come to an agreement concerning the
commission of any of the said prohibited acts and decide
to commit it; and
(12) To possess any form of child pornography.
Section 5. Syndicated Child Pornography - The crime of
child pornography is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring
or confederating with one another and shall be punished under
Section 15(a) of this Act.
Who May File a Complaint? - Complaints on cases of any
form of child pornography and other offenses punishable under
this Act may be filed by the following:
k) Offended party;
l) Parents or guardians;
m) Ascendant or collateral relative within the third degree of
consanguinity;
n) Officer, social worker or representative of a licensed child-
caring institution;
o) Officer or social worker of the DSWD;
p) Local social welfare development officer;
q) Barangay chairman
r) Any law enforcement officer
s) At least 3 concerned responsible citizens residing in the
place where the violation occurred; or
t) Any person who has personal knowledge of the
circumstances of the commission of any offense under this
Act.
Section 28. Protective Custody of the Child. – The offended
party shall be immediately placed under the protective custody
of the DSWD pursuant to EO 56, series of 1986. In the regular
performance of this function, the officer of the Department of
Social Welfare and Development shall be free from any
administrative, civil or criminal liability. Custody proceedings
shall be in accordance with the provisions of Presidential
Decree No. 603.
3. HUMAN TRAFFICKING
Trafficking in Persons – refers to the
 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.
Also applies to children:
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
in the preceding paragraph.
T/F: If A will recruit B to serve as a domestic helper in
Kuwait, A is guilty of human trafficking?
- Not human trafficking as long as it is not forced.
Q: Recruited B as prostitute – whether voluntarily or not?
- Human trafficking even if there is consent. This is
sexual exploitation.
Q: What if you recruited B so you could bring B to HK so
that the kidney of B will be harvested and will be given to
C who needs B’s kidney?
- Human trafficking. It is human who is being
transported for the removal or sale of organs.
Q: What if you recruited B but not go to HK, but to harvest
kidney here and you only transport the kidney to HK?
- Human trafficking because law covers removal or
sale of organs.
Q: What if C is a cancer survivor and has no heir. A talked
to B, B you have a lot of hair, I will buy it from you and we
will send it to C to HK.
- Not human trafficking.
- Hair is allowed. Hair is not an organ. What is
provided is removal or sale of organs not body
parts.
Q: What if A recruited B to work as prostitute in HK –
trafficking?
What if it is in Quezon City only? What if here in Rm. 133
recruited and brought to Rm. 134?
- Within or across national borders only
Q: What if B is recruited to be a prostitute in Rm. 134 and
to do it in 134? Human trafficking or not?
- Human Trafficking if recruitment is for the
purpose of sexual exploitation or prostitution.
Prostitution – refers to any act, transaction, scheme or design
involving the use of a person by another, for sexual intercourse
or lascivious conduct in exchange for money, profit or any
other consideration.
Forced Labor – refers to the extraction of work or services
from any person by means of enticement, violence, intimidation
or threat, use of, force or coercion, including deprivation of
freedom, abuse of authority or moral ascendancy, debt-
bondage or deception including any work or service extracted
from any person under the menace of penalty.
Slavery – refers to the status or condition of a person over
whom any or all of the powers attaching to the right of
ownership are exercised.
Involuntary Servitude – refers to a condition of enforced and
compulsory service induced by means of any scheme, plan or
pattern, intended to cause a person to believe that if he or she
did not enter into or continue in such condition, he or she or
another person would suffer serious harm or other forms of
abuse or physical restraint, or threat of abuse or harm, or
coercion including depriving access to travel documents and
withholding salaries, or the abuse or threatened abuse of the
legal process.
Sex Tourism – refers to a program organized by travel and
tourism-related establishments and individuals which consists
of tourism packages or activities, utilizing and offering escort
and sexual services as enticement for tourists. This includes
sexual services and practices offered during rest and
recreation periods for members of the military.
Sexual Exploitation – refers to participation by a person in
prostitution, pornography or the production of pornography, in
exchange for money, profit or any other consideration or where
the participation is caused or facilitated by any means of
intimidation or threat, use of force, or other forms of coercion,
abduction, fraud, deception, debt bondage, abuse of power or
of position or of legal process, taking advantage of the
vulnerability of the person, or giving or receiving of payments
or benefits to achieve the consent of a person having control
over another person; or in sexual intercourse or lascivious
conduct caused or facilitated by any means as provided in this
Act.
Debt Bondage – refers to the pledging by the debtor of his/her
personal services or labor or those of a person under his/her
control as security or payment for a debt, when the length and
nature of services is not clearly defined or when the value of
the services as reasonably assessed is not applied toward the
liquidation of the debt.
Prohibited Acts
Acts of Trafficking in Persons. – It shall be unlawful for any
person, natural or juridical, to commit any of the following acts:
a) To recruit, obtain, hire, provide, offer, transport, transfer,
maintain, harbor, 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, or sexual
exploitation;
b) To introduce or match for money, profit, or material,
economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino
woman to a foreign national, for marriage for the purpose
of acquiring, buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt
bondage;
 Mail order bride:
 Section 2. Pursuant thereto, it is hereby declared
unlawful:
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.
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.
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;
D. To undertake or organize tours and travel plans
consisting of tourism packages or activities for the
purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
E. To maintain or hire a person to engage in prostitution
or pornography;
F. To adopt persons by any form of consideration for
exploitative purposes or to facilitate the same for
purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
G. To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
H. To recruit, hire, adopt, transport, transfer, obtain,
harbor, maintain, provide, offer, receive or abduct a
person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the
purpose of removal or sale of organs of said person;
 Take into consideration the definition of human
trafficking under the definition
I. To recruit, transport, obtain, transfer, harbor, maintain,
offer, hire, provide, receive or adopt a child to engage
in armed activities in the Philippines or abroad;
J. To recruit, transport, transfer, harbor, 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; o
2) To abuse or threaten the use of law or the
legal processes; and
K. To recruit, transport, harbor, obtain, transfer, maintain,
hire, offer, provide, adopt or receive a child for
purposes of exploitation or trading them, including but
not limited to, the act of baring and/or selling a child
for any consideration or for barter for purposes of
exploitation. Trafficking for purposes of exploitation of
children shall include:
1) All forms of slavery or practices similar to slavery,
involuntary servitude, debt bondage and forced
labor, including recruitment of children for use in
armed conflict
2) The use, procuring or offering of a child for
prostitution, for the production of pornography, or
for pornographic performances
3) The use, procuring or offering of a child for the
production and trafficking of drugs; and
4) The use, procuring or offering of a child for illegal
activities or work which, by its nature or the
circumstances in which it is carried out, is likely to
harm their health, safety or morals; and
L. To organize or direct other persons to commit the
offenses defined as acts of trafficking under this Act."
4. VIOLENCE AGAINST WOMEN AND CHILDREN
ACT
Violence against women and their children – any act or a
series of acts committed by any person (can be lesbians)
against a woman who is his:
1) Wife;
2) Former wife; or
3) Against a woman with whom the person has or had a
sexual or dating relationship; or
- Sexual relations- refers to single sexual act which
may or may not result in the bearing of a common
child.
- Dating relationship – situation wherein the parties
o live as H&W w/o benefit of marriage, or
o are romantically involved over time and on
continuing basis during course of
relationship.
4) With whom he has a common child, or
5) Against her child:
- whether legitimate or illegitimate,
- within or without the family abode
- which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse
including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of
liberty.
Prohibited Acts
Acts of Violence Against Women and Their Children.- The
crime of violence against women and their children is
committed through any of the following acts:
a) Causing physical harm to the woman or her child;
b) Threatening to cause the woman or her child physical
harm;
c) Attempting to cause the woman or her child physical harm;
d) Placing the woman or her child in fear of imminent
physical harm;
e) Attempting to compel or compelling the woman or her child
to engage in conduct which the woman or her child has
the right to desist from or desist from conduct which the
woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or threat
of force, physical or other harm or threat of physical or
other harm, or intimidation directed against the woman or
child. This shall include, but not limited to, the following
acts committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or
conduct:
(1) Threatening to deprive or actually depriving the
woman or her child of custody to her/his family
(2) Depriving or threatening to deprive the woman or her
children of financial support legally due her or her
family, or deliberately providing the woman's children
insufficient financial support
(3) Depriving or threatening to deprive the woman or her
child of a legal right
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own mon4ey or properties, or
solely controlling the conjugal or common money, or
properties;
f) Inflicting or threatening to inflict physical harm on oneself
for the purpose of controlling her actions or decisions;
g) Causing or attempting to cause the woman or her child to
engage in any sexual activity which does not constitute
rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or
her/his immediate family;
h) Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes
 substantial emotional or psychological distress to the
woman or her child. This shall include, but not be limited
to, the following acts:
 Stalking or following the woman or her child in public
or private places
 Peering in the window or lingering outside the
residence of the woman or her child;
 Entering or remaining in the dwelling or on the
property of the woman or her child against her/his will;
 Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her
child; and
 Engaging in any form of harassment or violence;
i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children of
access to the woman's child/children.
o One time utterance will not constitute as VAWC
immediately, you have to take into consideration
the circumstance which would show whether
psychological or emotional abuse will arise.
T/F: If violence against women and/or children, you will
violate VAWC?
- False. There has to be a relationship between the
offender and the victim.
Q: How about the children?
 With whom he has a common child – (refers to the woman
who is the victim)
 against her child – (child of the woman only)
- whether legitimate or illegitimate, within or without the
family abode which result in or is likely to result in
physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary
deprivation of liberty.
Q: Scenario:
A + B = Child E
A+C
C + D = Child F
If A and C are now living together with E&F.
A will physically abuse E – Is there VAWC?
- NOT VAWC. Only child abuse.
- No need knowledge of woman as long as it is the
woman’s child that is being abused.
- In this case it is not the woman’s child but the
offender’s own child.
Types of Violence
a) Physical Violence – acts that include bodily or physical
harm
- It suffices that the battering occurred once to
constitute as VAWC
T/F: If the husband will slap or punch the wife one
time. It will be physical abuse under VAWC? Does it
need to be repeated?
- Depends on effect on the woman.
b) Sexual violence includes, but is not limited to:
(1) Rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's
body, forcing her/him to watch obscene publications
and indecent shows or forcing the woman or her child
to do indecent acts and/or make films thereof, forcing
the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the
abuser;
(2) Acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other
harm or coercion;
(3) Prostituting the woman or child.
T/F: Unless they are made a sexual object or made
prostitutes there can be no sexual abuse? If only acts
of lasciviousness?
- Yes.
c) Psychological violence – acts or omissions causing or
likely to cause mental or emotional suffering of the victim
such as but not limited to:
(1) Intimidation
(2) Harassment
(3) Stalking
(4) Damage to property;
(5) Public ridicule or humiliation;
(6) Repeated verbal abuse;
(7) Mental infidelity;
(8) Causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the
family to which the victim belongs; or
(9) To witness pornography in any form;
(10) To witness abusive injury to pets; or
(11) Unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
- Must occur twice or more to constitute VAWC
Q: Scenario: Husband tells wife “Wala kang kwentang
babae” one time. Is that psychological violence?
T/F: Crim1: When you look at crimes, you look at the
acts committed? Not the effect?
Q: Even if woman did not suffer any mental/ emotional
suffering? Is it possible that exact same act could be a
violation of VAWC and on one hand not a violation of
VAWC? Depending on the effect to the woman?
- YES. If you cannot prove the psychological effect it
cannot be VAWC.
d) Economic abuse – acts that make or attempt to make a
woman financially dependent which includes, but is not
limited to the following:
(1) Withdrawal of financial support or
preventing the victim from engaging in any legitimate
profession, occupation, business or activity
XPN: in cases wherein the other spouse/ partner
objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code;
(2) Deprivation or threat of deprivation of the use of
financial resources and the right to the use and
enjoyment of property owned in common
(3) Destroying household property;
(4) Controlling the victim’s own money or properties or
solely controlling the conjugal money or properties.
Q: Scenario: Is it required that the husband/offender
would prohibit the woman from working. Absent
prohibition there can be no VAWC?
- Yes.

Q: Scenario: If woman dependent on husband for past
10years. But husband did not prohibit from working.
After disagreement, the husband said I will no longer
support you anymore. Is that economic abuse? Free
and able to work but does not want to work.
Q: Wife does not want to work. Husband did not give
support. VAWC?
- Woman should be financially dependent for it to be
economic abuse.
 If man supporting not prohibited wife from working
we cannot say that man is making woman
dependent so NO VAWC.
 Even if no express prohibition but the man
obligated the woman to do a lot of things – raising
children, taking care of home – then you can prove
here partner made woman dependent - VAWC
Q: Scenario: Hayden Kho filed by Halili – saying that
there is economic abuse because she lost
endorsements because of what happened – is that
VAWC?
 Not VAWC. Hayden did not prevent Halili from
working because these withdrawals are the acts
of the endorsement companies not Hayden.
T/F: The one alleged to violated VAWC for economic
abuse – should prevent the victim from working?
- No there are other acts.
T/F: If the partner of the woman did not prevent
woman from working then after 5 years break na tayo
– economic abuse?
- There is no economic abuse. Because the
accused did not make the woman dependent on
him.
Q: What if man has been providing for both of them.
But there was never a time that partner prevented
woman not to work, but woman does not want. There
is conjugal home, man said enough is enough – I want
annulment. I am withdrawing support, and you cannot
live in our conjugal home because I paid for this –
economic abuse?
- Economic abuse because it is a conjugal property
that is being deprived from the woman.
- Deprivation or threat of deprivation of the use of
financial resources and the right to the use and
enjoyment of property owned in common
 It might be VAWC if only place woman can stay.
 Even if you did not prohibit if you will use that to
get back to the wife or to make sure wife will
suffer – VAWC.
Q: If they are not married? Common-law partners?
- Ownership will be like co-owners: 50-50
- “Art. 147. When a man and a woman who are
capacitated to marry each other, live exclusively
with each other as husband and wife without the
benefit of marriage or under a void marriage, their
wages and salaries shall be owned by them in
equal shares and the property acquired by both of
them through their work or industry shall be
governed by the rules on co-ownership.
- In the absence of proof to the contrary, [pieces of
property] acquired while they lived together shall
be presumed to have been obtained by their joint
efforts, work or industry, and shall be owned by
them in equal shares. For purposes of this article,
a party who did not participate in the acquisition by
the other party of any property shall be deemed to
have contributed jointly in the acquisition thereof if
the former’s efforts consisted in the care and
maintenance of the family and of the household.”
- “Art. 148. In cases of co-habitation not falling
under the preceding article, only the [pieces of
property] acquired by both of the parties through
their actual joint contribution of money, property or
industry shall be owned by them in common in
proportion to their respective contributions. In
the absence of proof to the contrary, their
contributions and corresponding shares are
presumed to be equal. The same rule and
presumption shall apply to joint deposits of money
and evidences of credit.”
Battered Women Syndrome refers to a scientifically defined
pattern of psychological and behavioral symptoms found in
women living in battering relationships as a result of cumulative
abuse.
o It must occur twice. Stages to be considered as a
battered women syndrome:
 Tension Building Phase minor battering
either verbal or slight abuse, whereby the
woman tries to pacify by showing a nurturing
character or staying out of the way which
only legitimizes the batterer’s belief to abuse
 Acute Battering Phase destructive phase, the
woman becomes passive because she
knows that it is futile to reason due to painful
experience. Hence she loses control
 Tranquil Phase a profound relief whereby
batterer is made aware of his cruel and
aggressive acts hence seeking apology and
promises to change. In turn the woman
believes the batterer on the notion that she is
the anchor of the man.
REMEDIAL PROCEDURES
VENUE.- The RTC designated as a Family Court shall have
original and exclusive jurisdiction over cases of violence
against women and their children under this law. In the
absence of such court in the place where the offense was
committed, the case shall be filed in the Regional Trial Court
where the crime or any of its elements was committed at the
option of the compliant.
REMEDIES:
Q: What are the remedies available? – Protection Order
INCLUDES: prohibition partner from going near to partner or
child
(SEC. 14) Barangay Protection Order (BPO) – issued by a
punong barangay to the applicant on the date of filing after ex
parte determination of the basis of the application.
In the absence of punong barangay, any available barangay
kagawad may act on the application. In such case, the order
must be accompanied by an attestation that the punong
barangay was unavailable at the time of the issuance of the
BPO.
- BPOs shall be effective for 15 days.
- The parties may be accompanied by a non-lawyer
advocate in any proceeding before the punong
barangay.
(SEC. 15) Temporary Protection Order (TPO) – issued by a
court of competent jurisdiction after ex parte determination that
such should be issued.
 - Effective for 30 days.
- The said court shall schedule a hearing on the
issuance of PPO prior to the date of the expiration of
the TPO.
(SEC. 16) Permanent Protection Order (PPO)– issued by the
court after notice and hearing.
- Respondent’s non-appearance despite proper notice,
or his lack of lawyer, shall NOT be a ground for
rescheduling the hearing on the merits of the issuance
of PPO.
- If despite proper notice, respondent fails to
appear: the court shall allow ex parte presentation of
evidence by the applicant
- If respondent appears without counsel: the court
shall appoint a lawyer for the respondent and proceed
with the hearing.
GR: The hearing for the issuance of the PPO shall only be
conducted in only one day.
 Where the court is unable to conduct the hearing within
one day and the TPO is due to expire, the court shall
continuously extend the TPO for a period of 30 days at
each particular time until final judgment is issued.
 The extended or renewed TPO may be modified by the
court as may be necessary or applicable to address the
needs of the applicant.
Effectivity of PPO: PPO shall be effective until revoked by
the court upon application of the person in whose favor it was
issued.
 The court shall not deny the issuance of protection order
on the basis of the lapse of time between the act of
violence and the filing of the application.
 Regardless of the conviction or acquittal of the
respondent, the Court must determine whether or not the
PPO shall become final. Even in a dismissal, a PPO shall
be granted as long as there is no clear showing that the
act from which the order might arise did not exist.
Who may file Petition for Protection Orders. – A petition for
protection order may be filed by any of the following:
a) the offended party
b) parents or guardians of the offended party;
c) ascendants, descendants or collateral relatives within the
fourth civil degree of consanguinity or affinity;
d) officers or social workers of the DSWD or social workers of
local government units (LGUs);
e) police officers, preferably those in charge of women and
children's desks;
f) Punong Barangay or Barangay Kagawad;
g) lawyer, counselor, therapist or healthcare provider of the
petitioner;
h) At least two (2) concerned responsible citizens of the city
or municipality where the violence against women and
their children occurred and who has personal knowledge
of the offense committed.
5. ANTI- PHOTO AND VIDEO VOYEURISM ACT
Q: There is a misnomer in this act? Why?
 Voyeurism means “peeping tom concept”
 Not being punished here
Photo/ video voyeurism means –
It is the act of taking photo or video coverage
1) of a person or group of persons performing sexual act or
any similar activity or
2) 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
3) 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.
T/F: What is being punished is only the taking of the
photo/video of people involved in sexual activity?
- NO. Also involves capturing image of the private area.
Q: When you play basketball – topless?
- Upper half of man not considered as private area
- Private area of a person/s – It is the naked or
undergarment clad genitals, pubic area, buttocks or
female breast of an individual.
Q: When you decided to go to Luneta – while in Luneta
you saw two people kissing each other and took a photo
of them- liable or not liable?
- Liable.
- act of taking photo or video coverage of a person
or group of persons performing sexual act or any
similar activity or
Q: Quirino grandstand public place no expectation of
privacy– walking there two people having sexual
intercourse – took photo/video. Liable or not liable?
- Not liable. There is no expectation of privacy.
Q: What do you mean reasonable expectation of privacy?
 Under circumstances in which a person has a
reasonable expectation of privacy
- belief 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.
Q: Juan dela Cruz is inside a public sauna – he took
pictures of people inside the sauna. Liable or not liable?
- Liable. Not because you are in a public place you do
not have a reasonable expectation of privacy anymore
and in a sauna, you still expect privacy.
Q: What other acts are punished under the law aside from
taking photo/video?
1)
a) To take photo or video coverage of a person or group
of persons performing sexual act or any similar activity or
b) 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 without the consent of
the person/s involved and under circumstances in which
the person/s has/have a reasonable expectation of
privacy.
What is important when you take the photo/video of
somebody committing sexual act for you NOT to be
liable? Or is it mere fact of taking you are liable
already?
- If there is consent = liable.

2) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual act
or any similar activity with or without consideration
You upload it in the internet are you liable?
If you download it from the internet?
- Liable.
If you watch/ stream it online? Liable?
- There is no intent to copy or reproduce. Not saved in
computer.
3) To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether it
be the original copy or reproduction thereof; or
4) To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or show or
exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or
device.
 The prohibition under Nos. 2, 3 & 4 shall apply
notwithstanding that consent to record or take photo
or video coverage of the same was given by such
person/s.
Q: Scenario: Will Hayden be liable if the law was already
existent during those time?
- Depends – part with consent – not liable. Those
without consent – liable.
Q: Even if you consented – you cannot in any manner
copy or reproduce, sell or distribute, publish or
broadcast?
- Distinguish first the consent from the taking
photo/video and the consent to sell, reproduce etc.
6. DECRIMINALIZING OF VAGRANCY
Q: What is the law all about? Decrimalizes act of vagrancy
Q: Who are considered vagrants?
The following are vagrants:
1) Any person having no apparent means of subsistence,
who has the physical ability to work and who neglects to
apply himself or herself to some lawful calling
2) Any person found loitering about public or semi-public
buildings or places or tramping or wandering about the
country or the streets without visible means of support;
3) Any idle or dissolute person who lodges in houses of ill
fame; ruffians or pimps and those who habitually associate
with prostitutes;
4) Any person who, not being included in the provisions of
other articles of this Code, shall be found loitering in any
inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose;
5) Prostitutes;
Q: If you fall under the 5 you will no longer be criminally
liable already?
- No. Still liable for prostitution.
Prostitutes - They are women who, for money or profit,
habitually indulge in sexual intercourse or lascivious conduct.
 Sexual intercourse is not a necessary element to
constitute prostitution.
 The act of habitually indulging in lascivious conducts
because of money or gain would already amount to
prostitution.
Term prostitution is not applicable to a man
 The term is applicable only to a woman who, for
money or profit, habitually engages in sexual
intercourse or lascivious conduct.
 A man who engages in the same conduct is not a
prostitute but a vagrant. His acts may also be
punished under city/municipal ordinances.
Q: Why did they decriminalize vagrancy?
- The law intends to punish only or hold persons
criminally liable only for those serious offenses
- This is what they call a prelude to a commission of
some crimes – you punish those crimes not this one.
- The law has been exploited by authorities to oppress
the poor and homeless because wide discretion is
afforded to law enforcement – arbitrary arrest –
abused by officers.
7. ANTI- ILLEGAL GAMBLING
The law that punishes the act of engaging in any numbers
game whether upon chance or skill wherein the wagers give
consisting of money or any valuable consideration are at stake.
Q: If I bet with you that you cannot get a grade higher than
75. If you get I will give you P1k, vice versa. Violation of
this law?
- No. It is simply gambling not illegal.
Q: What are prohibited under this law?
Illegal numbers game –
- Any form illegal gambling activity which uses numbers
or combinations thereof as factors in giving out
jackpots. 
Q: Why was jai-alai mentioned here? What is jai- alai? Is it
covered by this law?
- Someone throws a ball against a wall sport involving a
ball bounced off a walled space by accelerating it to
high speeds with a hand-held device
- No. Jai alai per se is allowed.
- It was only mentioned because Masiao uses Jai Alai.
Masiao is illegal.
- MASIAO – An illegal numbers game where the
winning combination is derived from the results of the
last game of Jai Alai or the Special Llave portion or
any result thereof based on any fictitious Jai Alai
game consisting of 10 players pitted against one
another, and its variants. 
Q: Perya – different colors – Russian Roullete – land in the
color you will win. Legal or not illegal?
- LGU’s are NOT authorized to give permits to
peryahans.
- Derived from
Q: Gambling – you have these authorized agencies to
grant permits/ contracts:
- PAGCOR - casinos
- GAB
- PCSO – lottery
Q: Although it is not prevalent here in the PH, in other
countries, they put up odds in basketball or baseball
games. Including names of babies.
- It is not under the prohibition given by law.
Q: List is exclusive not there cannot be illegal gambling –
even if derivative of one of the prohibited acts there?
- Also derivatives
Q: Bingo – allowed or not allowed?
- In malls – allowed
- Neighborhood/ someone died (Sakla) – not allowed
but merely tolerated.
Who are punished?
a) Bettor
b) Anyone who acts as a personnel or staff of an illegal
numbers game operation
c) Collector or agent
d) Coordinator, controller, or supervisor
e) Maintainer, manager, or operator
f) Financier or capitalist
g) Protector or coddler
- Who are protectors?
o Not necessarily public officers
o Any person who lends or provides protection,
or receives benefits in any manner in the
operation of any illegal numbers game.  the use of illegal drugs are liable under this section.
Q: Are all these equally liable under this law? Who are
punished the least and the most?
- MOST: Operators, protectors, coddlers
- LEAST: Bettors
Sec. 5. Liability of Government Employees and/or Public
Officials. –
a) If the collector, agent, coordinator, controller, supervisor,
maintainer, manager, operator, financier or capitalist of
any illegal numbers game is a government employee
and/or public official, whether elected or appointed shall
suffer the penalty
In addition to the penalty provided in the immediately
preceding section, the accessory penalty of perpetual
disqualification from public office shall be imposed upon
any local government official who, having knowledge of
the existence of the operation of any illegal numbers
game in his/her jurisdiction, fails to abate or to take
action, or tolerates the same in connection therewith.
b) In the case of failure to apprehend perpetrators of any
illegal numbers game, any law enforcer shall suffer an
administrative penalty of suspension or dismissal, as the
case may be, to be imposed by the appropriate authority.
8. COMPREHENSIVE DANGEROUS DRUGS ACT
PROHIBITED ACTS:
1) Importation of dangerous drugs and/or controlled
precursors and essential chemicals
- Any person, who, unless authorized by law, shall
import or bring into the Philippines any dangerous
drug, regardless of the quantity and purity involved.
o In one Supreme Court decision, it held that:
For one to be liable for importation of
dangerous drugs, it is necessary to be
proven that the dangerous drugs that were
taken in a vessel came from a foreign
country with the said dangerous drugs on
board the said vessel; therefore the
prosecution must prove that the vessel which
came into the Philippine ports had with it the
dangerous drugs. Only then can it be said
that the dangerous drugs have been
imported from another country.
2) Sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs and/or
controlled precursors and essential chemicals
1. The identity of the buyer and the seller
a. It is necessary that the identity of the buyer
and the seller are clearly identified.
2. The object and the consideration
3. The delivery of the thing sold and the payment thereof
a. Because if the dangerous drugs had not
been delivered, the 3rd element is lacking,
there is only ATTEMPTED ILLEGAL SALE of
dangerous drugs not consummated illegal
sale of dangerous drugs because the third
element is lacking.
b. DELIVER – an act of knowingly passing a
dangerous drug to another, personally or
otherwise, and by any means, with or without
consideration.
3) Maintenance of a Den, Dive or Resort
- Any person who maintains a den, dive, or resort for
o The said den, dive, or resort for the use of illegal
sale of dangerous drugs shall be escheated in
favor of the government provided that the
following circumstances concur:
 The information must allege that the
said place is intentionally being used in
furtherance of illegal sale/use of
dangerous drugs.
 Such intent must be proven by the
prosecutor.
 The owner of the said house must be
included as an accused in the
information or complaint.
4) Employees and Visitors of a Den, Dive or Resort
- Even the employees who are aware of the nature of
the said den, dive or resort for the use and sale of
dangerous drugs are also criminally liable. Likewise,
even persons who are not employees which
knowingly visit the same place despite the knowledge
of the nature of such den, dive, or resort are also
criminally liable.
5) Manufacture of dangerous drugs and/or controlled
precursors and essential chemicals;
6) Manufacture or delivery of equipment, instrument,
apparatus, and other paraphernalia for dangerous drugs
and/or controlled precursors and essential chemicals
7) Cultivation or culture of plants classified as dangerous
drugs or are sources therefore
8) Illegal Chemical Diversion of controlled precursors and
essential chemicals
9) Possession of Dangerous Drugs;
1. The accused was in possession of prohibited drug
a. In illegal possession of dangerous drugs; the
word possession does not only mean actual
possession of the dangerous drug in his
body. It suffices that the said dangerous drug
is found in a place under the control and
dominion of the said offender
2. Such possession is not authorized by law
a. The offender is not authorized by law to
possess such drugs. Dangerous drugs are
 per se contraband. They are per se illegal
items. The presumption is that such
possession is without authority of law.
Therefore the burden of proof is on the
accused to prove that he has the authority to
possess unlike illegal possession of firearms.
Illegal possession of firearms is not per se
contraband therefore in illegal possession of
firearms, it is the prosecution who has the
burden of proof that the said person lacks
license.
3. The accused freely and consciously possessed the
prohibited drug
a. There must be an animus posidendi on the
part of the said accused. This animus
posidendi on the part of the accused is a
prima facie presumed by law. The moment a
person was found in possession of
dangerous drugs, the presumes that the
person knows that the thing in his
possession is dangerous drugs.
10) Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs;
11) Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings;
12) Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs During Parties,
Social Gatherings or Meetings;
13) Use of Dangerous Drugs
1. The offender was apprehended/ arrested in the actual
use of dangerous drugs.
a. The first element requires that the offender
must be actually using, sniffing the
dangerous drugs.
2. After a confirmatory test; he was found to be positive
for use of any dangerous drugs
a. He was at the PNP Crime Lab and after the
confirmatory test, he was found to be
positive for use of dangerous drugs.
3. No other amount of dangerous drugs must be found in
his possession.
a. If any other amount of dangerous drugs was
found in his possession, then the proper
charge would no longer be illegal use but
illegal possession of dangerous drugs.
- 1st time offenders are imposed of a penalty of a
minimum of 6 months rehabilitation in a government
center.   as the integrity and the evidentiary value of the seized
- If apprehended using any dangerous drug for the 2nd
time, he/she shall suffer the penalty of imprisonment
ranging from 6y1d to 12 years and a fine ranging from
P50,000.00 to P200,000.00.
14) Maintenance and keeping of original records of
transactions on dangerous drugs and/or controlled
precursors and essential chemicals
15) Unnecessary Prescription of Dangerous Drugs
16) Unlawful Prescription of Dangerous Drugs
17) “Planting” of any dangerous drug and/or controlled
precursor and essential chemical, regardless of
quantity and purity.
- Act of putting the dangerous drug to create the idea of
illegal possession of drugs
Q: If you are caught for using illegal drugs, are you
supposed to be charged for use, possession, both?
- Illegal use only.
Q: Use will absorb possession or Possession will absorb
use?
- Possession will absorb use.
T/F: If you own a resort, you can be punished under the
law?
- Not ownership but what is punished is maintenance of
a Den, Dive or Resort
Q: If you own house, it was found out it was a drug
laboratory, punished under the law?
- The presence of equipment/ paraphernalia is a
presumption that you are manufacturing so owner is
liable.
Q: What if it is rented out?
- If the owner knows it is used as drug laboratory,
liable.
(Most important question for the semester)
Q: CHAIN OF CUSTODY RULE
- Duly recorded authorized movements and custody of
dangerous drugs from the time of confiscation/
seizure to the receipt in the forensic laboratory to
safekeeping to presentation in court for destruction.
Procedure:
1. The apprehending team (arresting officer) having initial
custody and control of the dangerous drugs, controlled
precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment
shall, immediately after seizure and confiscation, conduct
a physical inventory of the seized items and photograph
the same in the presence of the
- accused or the person/s from whom such items were
confiscated and/or seized,
- or his/her representative or counsel,
- with an elected public official and
- a representative of the National Prosecution Service
or the media who shall be required to sign the copies
of the inventory and be given a copy 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
items are properly preserved by the apprehending
officer/team, shall not render void and invalid such
seizures and custody over said items.
Investigating officer or apprehending officer?
- Arresting officer
If search warrant operation – 6 officers conduct the
search. What if illegal drugs was found in bedroom or sala,
is it always the person who saw the drugs?
- In this cases – marami sila doing the search – only
one person is assigned to be the person presented in
court, he or she is the complainant, etc.
- Inconvenient if all of them do search all must go to
court pa
2. Immediately surrendered to the investigating officer –
PDEA – within 24hrs for forensic examination.
  Forensic examination – determination whether or
not seized item is dangerous drug thru quantitative
and qualitative tests
3. The forensic chemist must issue certification that they
have conducted the tests
4. In case of huge amount of seized illegal drugs – can
issue a partial report first
- Period: finish testing immediately
5. Case is filed in court
6. 72hrs from filing case conduct ocular inspection
- Inform persons charged
7. PDEA will order burning/ destruction within 24 hours
and retain a representative sample.
- Purpose of sample: For proper identification of
prosecutor and ask is the drug seized, etc.
- If there is issue if test is void they can use that
8. Trial
Q: What if they do not conduct the ocular inspection
within 72hrs what happens? Can you already dismiss
immediately?
- No.
- Judge in charge of ocular inspection.
- You have to prove the integrity is preserved
- Failure to conduct ocular inspection may be a ground
to question validity – bec. It is violation
Q: Do you have to prove that integrity is already
compromised?
- Yes. First state reason why not conducted
- After, you have to show that it was kept in safe place
and integrity is not compromised.
- Prosecution will prove that integrity is preserved and
chain not broken.
Q: Is it now true that the 72hrs is not really mandatory,
because whether to follow it or not you still admit the
evidence?
- This is one thing they are looking at now.
- A lot of courts do not follow the time table.
- To my mind as long as integrity is intact it is still
admissible but officer can be held administratively
liable for not following the mandatory 72hrs.
Chain of Custody (COMPLETE/DETAILED)
Section 21. Custody and Disposition of Confiscated,
Seized, and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment. – The PDEA shall take charge and
have custody of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or
surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of
the drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the presence
of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel,
a representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to
sign the copies of the inventory and be given a copy thereof;
(2) Within 24 hours upon confiscation/seizure of dangerous
drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, as well as instruments/paraphernalia
and/or laboratory equipment, the same shall be submitted to
the PDEA Forensic Laboratory for a qualitative and quantitative
examination;
(3) A certification of the forensic laboratory examination results,
which shall be done under oath by the forensic laboratory
examiner, shall be issued within 24 hours after the receipt of
the subject item/s: Provided, That when the volume of the
dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow
the completion of testing within the time frame, a partial
laboratory examination report shall be provisionally issued
stating therein the quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided, however, That
a final certification shall be issued on the completed forensic
laboratory examination on the same within the next 24 hours;
(4) After the filing of the criminal case, the Court shall, within
seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and
essential chemicals, including the instruments/paraphernalia
and/or laboratory equipment, and through the PDEA shall
within 24 hours thereafter proceed with the destruction or
burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or
seized, or his/her representative or counsel, a representative
from the media and the DOJ, civil society groups and any
elected public official. The Board shall draw up the guidelines
on the manner of proper disposition and destruction of such
item/s which shall be borne by the offender: Provided, That
those item/s of lawful commerce, as determined by the Board,
shall be donated, used or recycled for legitimate purposes:
Provided, further, That a representative sample, duly weighed
and recorded is retained;
(5) The Board shall then issue a sworn certification as to the
fact of destruction or burning of the subject item/s which,
together with the representative sample/s in the custody of the
PDEA, shall be submitted to the court having jurisdiction over
the case. In all instances, the representative sample/s shall be
kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel
shall be allowed to personally observe all of the above
proceedings and his/her presence shall not constitute an
admission of guilt. In case the said offender or accused refuses
or fails to appoint a representative after due notice in writing to
the accused or his/her counsel within 72hours before the actual
burning or destruction of the evidence in question, the
Secretary of Justice shall appoint a member of the public
attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case
wherein the representative sample/s was presented as
evidence in court, the trial prosecutor shall inform the Board of
the final termination of the case and, in turn, shall request the
court for leave to turn over the said representative sample/s to
the PDEA for proper disposition and destruction within 24
hours from receipt of the same; and
(8) Transitory Provision:
a) Within 24 hours from the effectivity of this Act, dangerous
drugs defined herein which are presently in possession of law
enforcement agencies shall, with leave of court, be burned or
destroyed, in the presence of representatives of the Court,
DOJ, Department of Health (DOH) and the accused/and or
his/her counsel, and,
b) Pending the organization of the PDEA, the custody,
disposition, and burning or destruction of seized/surrendered
dangerous drugs provided under this Section shall be
implemented by the DOH.
9. ANTI-DRUNK AND DRUGGED DRIVING ACT OF 2013
This law makes it unlawful for any person to drive a motor
vehicle while under the influence of alcohol, dangerous
drugs and/or other similar substances
Driving under the influence of alcohol refers to the act of
operating a motor vehicle while the driver’s blood alcohol
concentration level has, after being subjected to a breath
analyzer test, reached the level of intoxication, as established
jointly by the DOH, the NAPOLCOM and the DOTC.
Driving under the influence of dangerous drugs and other
similar substances refers to the act of operating a motor
vehicle while the driver, after being subjected to a confirmatory
test as mandated under RA 9165, is found to be positive for
use of any dangerous drug.
ALCOHOL:
- the law does not require any specific level of alcohol
intoxication one has to be under in order that he can be
held liable for driving while in the influence of liquor.  or Instrument Used or Intended to be Used in the
Q: Can the police just tell all the drivers randomly stop
people and check?
- NO. There must be probable cause.
- A law enforcement officer who has probable cause to
believe that a person is driving under the influence of
alcohol, dangerous drugs and/or other similar
substances
o 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, shall conduct field sobriety tests
- There should be probable cause
- If you are swerving, drifting, suddenly stopping –
police can flag you down
- If you are already flagged for any violation and police
can see based on your acts that you are driving under
the influence of alcohol.
Q: What should you do?
- Field sobriety test.
- Has to be conducted exactly where you are.
- refer to standardized tests to initially assess and
determine intoxication, such as the horizontal gaze
nystagmus, the walk-and-turn, the one-leg stand, and
other similar tests as determined jointly by the DOH,
the NAPOLCOM and the DOTC.
Different kinds:
1. Eye test – use flashlight – eyes should follow
2. Walk and turn test
3. One leg stand test
4. Breath analyzer – it will light or make a sound when
you breathe out on the device – asked to blow;
determination of the driver’s blood alcohol
concentration level
Q: Can you refuse all these tests?
- Yes. Will result to confiscation and automatic
revocation of his or her driver’s license
DRUGS:
Drug screening test –
HOW?
1. Officer will bring you to nearest police station
2. Drug test – urine test, fecal test
O How about blood test?
 Too intrusive
10. FIREARMS AND AMMUNITION
Comprehensive Firearms and Ammunition Regulation Act
 Not covers explosives
 Amended to avoid absurdities – whichever is higher
should be the one imposed
 Private individuals can only own short or small
firearms
 Law enforcement/ part of security agencies you are
allowed to possess the long high powered firearms
PUNISHABLE ACTS:
1) Unlawful Acquisition, or Possession of Firearms and
Ammunition
2) Absence of Permit to Carry Outside of Residence
3) Unlawful Manufacture, Importation, Sale or Disposition of
Firearms or Ammunition or Parts Thereof, Machinery, Tool
Manufacture of Firearms, Ammunition or Parts Thereof
4) Arms Smuggling
5) Tampering, Obliteration or Alteration of Firearms
Identification
6) Use of an Imitation Firearm
7) Planting Evidence
8) Failure to Notify Lost or Stolen Firearm or Light Weapon
9) Illegal Transfer/Registration of Firearms.
Q: What is the effect if you commit a crime and you use a
loose firearm?
Use of Loose Firearm in the Commission of a Crime.
1) When inherent in the commission of a crime punishable
under the RPC or other special laws, shall be considered
as an aggravating circumstance.
Q: What do you mean if it is inherent?
- You committed the crime using the firearm.
T/F: If you commit a crime with the use of a firearms it is
always considered as a special aggravating
circumstance?
- Not always.
- Because of #2-5
2) 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 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) 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 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 RPC or other special laws of
which he/she is found guilty.
4) If the violation of R.A. 10591 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 R.A. 10591 shall be
considered as a distinct and separate offense.
6) If any other crime – absolved.
Q: Tanim-bala would that fall under Illegal Possession of
Firearms? How about the controversy on anting-antings?
- If empty shell not fall under this.
- For it to be considered as ammunition – it must have
gun powder.
11. ANTI-CARNAPPING LAW
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
1) Actual taking of motor vehicle
2) The vehicle belongs to another
3) There is intent to gain in the taking of the vehicle of
another
4) Said taking is taking without the consent of the owner
or by means of violence or intimidation or by means of
force upon things.
T/F: As long as it has motor, you are guilty of carnapping?
- False.
Motor vehicle - any vehicle propelled by any power other than
muscular power using the public highways,
XPN: road rollers, trolley cars, street-sweepers, sprinklers,
lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks,
and cranes if not used on public highways, vehicles, which run
only on rails or tracks, and 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 separate motor vehicle with no power
rating.
 As long as a vehicle can be registered with LTO it can be
the subject matter of carnapping
Q: When do you consider a motor vehicle used in public
highways?
Remote control car – no
Bump car – no
Golf cart –
Motor bike – yes
Back how-
12. ACCESS DEVICE ACT
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);
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;
Unauthorized Access Device – means any access device
that is stolen, lost, expired, revoked, canceled, suspended, or
obtained with intent to defraud;
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;
o A person who failed to pay his credit card loan can be
punished under this act for fraudulently applying without
payment
Q: You applied for a credit card and you were issued one.
Maximum of 1M. You went to a shopping spree, you
maxed out your credit card. Come due date, you did not
pay.
- Under the RA 8484, it is stated that not only the
unauthorized use but also the acquisition of credit
cards and the use of such to defraud. If the access
device was fraudulently applied for. (This is the
provision that credit card companies use)
Q: Will this law not violate the constitutional right that any
person cannot be imprisoned for non-payment of debt?
- No. Because the imprisonment is not for the non-
payment of debt. It is for the fraudulent use or
application.
Q: If I am a holder of a credit card for the past 10 yrs and I
dutifully pay my bills. Missed it once. Then I contended, I
don’t care. I always pay my bills. Can the CC company go
after me using RA 8484?
- No. In this case, the application of credit card is
absent already.
Sir: Cases I know are still with the RTC.
CC company or bank use RA 8484 for only those who recently
got their cards. If they are longtime card holders and they don’t
pay, they don’t use 8484. We still have to wait for the
development.
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.
Section 12. Frustrated and attempted access device fraud.
– Any person who performs all the acts of execution which
would produce any of the unlawful acts enumerated in Section
9 of this Act, but which nevertheless does not produce it by
reason of causes independent of the will of said person, shall
be punished with 2/3 of the fine and imprisonment provided for
the consummated offenses listed in said section. Any person
who commences the commission of any of the unlawful acts
enumerated in Section 9 of this Act directly by overt acts and
does not perform all the acts of execution which would produce
the said acts by reason of some cause or accident other than
said person's own spontaneous desistance, shall be punished
with 1/2 of the fine and imprisonment provided for the
consummated offenses listed in the said section.
Section 13. Accessory to access device fraud. – Any
person who, with intent to gain for himself or for another, buy,
receives, possesses, keeps, acquires, conceals, sells, or
disposes of, shall buy and sell, or in any manner deal in any
article, item, object or anything of value which he knows or
should be known to him, to have been acquired through the
use of counterfeit access device or an unauthorized access
device or an access device known to him to have been
fraudulently applied for, shall be considered as an accessory to
an access device fraud and shall be punished with 1/2 of the
fine and imprisonment provided for the applicable
consummated offenses listed in Section 9 of this Act. Said
person shall be prosecuted under this Act or under the Anti-
Fencing Law of 1979 whichever imposes the longer prison
term as penalty for the consummated offense.
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.
A cardholder who abandons or surreptitiously leaves the place
of employment, business or residence stated in his application
or credit card, without informing the credit card company of the
place where he could actually be found, if at the time of such
abandonment or surreptitious leaving, the outstanding and
unpaid balance is past due for at least 90 days and is more
than P10,000.00, shall be prima facie presumed to have used
his credit card with intent to defraud.
13. ANTI MONEY LAUNDERING ACT
Q: What is it all about?
A: It is a scheme whereby the proceeds of an illegal activity
are transacted and made to appear to have originated from
legitimate sources.
“you wash the money”
Q: Are all unlawful activities contemplated under AMLA?
- No. 34 unlawful acts.
Q: Enumerate the 34 Unlawful Acts
A:
1. Kidnapping for ransom
2. the Comprehensive Dangerous Drugs Act of 2002;
3. the Anti-Graft and Corrupt Practices Act;
4. Plunder;
5. Robbery and extortion;
6. Jueteng and Masiao punished as illegal gambling;
7. Piracy on the high seas under the Revised Penal Code;
8. Qualified theft;
9. Swindling and Other Forms of Swindling;
10. Smuggling;
11. the Electronic Commerce Act of 2000;
12. Hijacking and other violations under Republic Act No. 6235;
destructive arson and murder, as defined under the
Revised Penal Code, as amended;
13. Terrorism and conspiracy to commit terrorism;
14. Financing of terrorism under Section 4 and offenses
punishable under Sections 5, 6, 7 and 8 of Republic Act
No. 10168, otherwise known as the Terrorism Financing
Prevention and Suppression Act of 2012:
15. Bribery and Corruption of Public Officers;
16. Frauds and Illegal Exactions and Transactions;
17. Malversation of Public Funds and Property;
18. Forgeries and Counterfeiting;
19. the Anti-Trafficking in Persons Act of 2003;
20. the Revised Forestry Code of the Philippines, as amended;
21. the Philippine Fisheries Code of 1998;
22. the Philippine Mining Act of 1995;
23. the Wildlife Resources Conservation and Protection Act;
24. the National Caves and Cave Resources Management
Protection Act;
25. the Anti-Carnapping Act of 2002, as amended;
26. the decree Codifying the Laws on Illegal/Unlawful
Possession, Manufacture, Dealing In, Acquisition or
Disposition of Firearms, Ammunition or Explosives;
27. the Anti-Fencing Law;
28. the Migrant Workers and Overseas Filipinos Act of 1995,
as amended by Republic Act No. 10022;
29. the Intellectual Property Code of the Philippines;
30. the Anti- Photo and Video Voyeurism Act of 2009;
31. the Anti- Child Pornography Act of 2009;
32. the Special Protection of Children Against Abuse,
Exploitation and Discrimination;
33. the Securities Regulation Code of 2000; and
34. Felonies or offenses of a similar nature that are punishable
under the penal laws of other countries.
NOTE: As long as it was discussed in BOOK 2 or SPL class
(MEMORIZE!!!)
T or F: If any of the crime mentioned in the list is
committed, there is ML?
A: False.
Q: What is the Php 500,000?
A: COVERED TRANSACTIONS:
A transaction in cash or other equivalent monetary
instrument involving a total amount in excess of Five hundred
thousand pesos (P500,000.00) within one (1) banking day.
(RA9160, Sec 3[b]).
Q: The transaction if over Php500k is considered as
covered transaction?
A: False. ???
Q: Enumerate COVERED INSTITUTIONS
A: Covered persons, natural or juridical, refer to:
1. banks, non-banks, quasi-banks, trust entities, foreign
exchange dealers, pawnshops, money changers,
remittance and transfer companies and other similar
entities and all other persons and their subsidiaries and
affiliates supervised or regulated by the Bangko Sentral
ng Pilipinas (BSP);
35. insurance companies, pre-need companies and all other
persons supervised or regulated by the Insurance
Commission (IC);
36. (i) securities dealers, brokers, salesmen, investment
houses and other similar persons managing securities or
rendering services as investment agent, advisor, or
consultant,
(ii) mutual funds, close-end investment companies,
common trust funds, and other similar persons, and
(iii) 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 the Securities and Exchange Commission
(SEC);
37. jewelry dealers in precious metals, who, as a business,
trade in precious metals, for transactions in excess of One
million pesos (P1,000,000.00);
38. jewelry dealers in precious stones, who, as a business,
trade in precious stones, for transactions in excess of One
million pesos (P1,000,000.00);
39. company service providers which, as a business, provide
any of the following
services to third parties:
a) acting as a formation agent of juridical
persons; acting as (or arranging for another person to
act as) a director or corporate secretary of a
company, a partner of a partnership, or a similar
position in relation to other juridical persons; providing
a registered office, business address or
accommodation, correspondence or administrative
address for a company, a partnership or any other
legal person or arrangement; and acting as (or
arranging for another person to act as) a nominee
shareholder for another person; and
b) persons who provide any of the following services:
- managing of client money, securities or other assets;
- management of bank, savings or securities accounts;
- organization of contributions for the creation,
operation or management of companies; and
- creation, operation or management of juridical
persons or arrangements, and buying and selling
business entities.
Exclusions: The term ‘covered persons’ shall exclude
lawyers and accountants.
Requisites for exclusion
1. Acting as independent legal professionals
1. In relation to information concerning their clients or
2. Where disclosure of information would compromise client
confidences or the attorney-client relationship. (RA 10365,
Sec. 1, amending RA 9160, Sec. 3[a]).
Q: What about casino?
A: Included. Very easy to launder money in a casino.
*We want to conform with international standards so we try to
expand the coverage of covered institutions
T or R: The obligation of CI is only to report covered
transactions?
A: False. Suspicious transactions.
Q: Two types of Transactions
A: COVERED TRANSACTIONS:
- A transaction in cash or other equivalent monetary
instrument involving a total amount in excess of Five
hundred thousand pesos (P500,000.00) within one (1)
banking day. (RA9160, Sec 3[b]).
SUSPICIOUS TRANSACTION:
- transactions with covered institutions, regardless of
the amounts involved
T or F: If it exceeds Php500k within a single banking day
and it is a Covered institution, it is covered transaction?
A: False. The threshold of P1M
T or F: As long as it will not exceed to Php500k or P1M. It
shall not be reported?
A: If it is a suspicious transaction, it must be reported
Q: How many ST are there?
A:
1. There is no underlying legal or trade obligation, purpose or
economic justification;
2. The amount involved is not commensurate with the
business or financial capacity of the client;
3. 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 i.e.
depositing partial amounts (40k this day, next day 20k)
4. 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; or
5. Any transactions that is similar or analogous to any of the
foregoing."
*These are just tools in order for AMLAC to know whether
there is Money Laundering.
Q: Prohibited Acts
SEC. 4. Money Laundering Offense. – Money laundering is
committed by any person who, knowing that any monetary
instrument or property represents, involves, or relates to the
proceeds of any unlawful activity:
a) transacts said monetary instrument or property;
b) converts, transfers, disposes of, moves, acquires,
possesses or uses said monetary instrument or property;
c) conceals or disguises the true nature, source, location,
disposition, movement or ownership of or rights with
respect to said monetary instrument or property;
d) attempts or conspires to commit money laundering
offenses referred to in paragraphs (a), (b) or (c);
e) aids, abets, assists in or counsels the commission of the
money laundering offenses referred to in paragraphs (a),
(b) or (c) above; and
f) performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in
paragraphs (a), (b) or (c) above.
Money laundering is also committed by any covered person
who, knowing that a covered or suspicious transaction is
required under this Act to be reported to the Anti-Money
Laundering Council (AMLC), fails to do so.
SEC. 6. Prosecution of Money Laundering. –
a) Any person may be charged with and convicted of both the
offense of money laundering and the unlawful activity as
herein defined.
b) The prosecution of any offense or violation under this Act
shall proceed independently of any proceeding relating to
the unlawful activity."
REMEDIAL PROCEDURE
SEC. 9. Prevention of Money Laundering; Customer
Identification Requirements and Record Keeping. –
Reporting of Covered and Suspicious Transactions. –
Covered persons shall report to the AMLC all covered
transactions and suspicious transactions within five (5) working
days from occurrence thereof, unless the AMLC prescribes a
different period not exceeding 15 working days.
"Lawyers and accountants acting as independent legal
professionals are not required to report covered and
suspicious transactions if the relevant information was
obtained in circumstances where they are subject to
professional secrecy or legal professional privilege.
"When reporting covered or suspicious transactions to the
AMLC, covered persons and their officers and employees are
prohibited from communicating, directly or indirectly, in any
manner or by any means, to any person or entity, the media,
the fact that a covered or suspicious transaction has been
reported or is about to be reported, the contents of the report,
or any other information in relation thereto.
Neither may such reporting be published or aired in any
manner or form by the mass media", electronic mail, or other
similar devices. In case of violation thereof, the concerned
officer and employee of the covered person and media shall be
held criminally liable."
“Web of accounts” – connected to or in relation to the main
account – also covered by freeze order
SEC. 10. Freezing of Monetary Instrument or Property. –
Upon a 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,
and which shall not exceed 6 months depending upon the
circumstances of the case: Provided, That if there is no case
filed against a person whose account has been frozen within
the period determined by the court, the freeze order shall be
deemed ipso facto lifted:
Provided, further, That this new rule shall not apply to pending
cases in the courts. In any case, the court should act on the
petition to freeze within 24 hours from filing of the petition. If
the application is filed a day before a nonworking day, the
computation of the 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 freeze order.
"No court shall issue a temporary restraining order or a writ of
injunction against any freeze order, except the Supreme
Court."
o Take into consider the web of account: Freezing of Monetary
Instrument is not only limited to the account of the accused, as
long as money is parted to another account IN CONNECTION
with money laundering, such can be the subject of a freeze
account.
o
Forfeiture of Accounts
(a) Civil Forfeiture. – Upon determination by the AMLC 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) or a money
laundering offense under Section 4 hereof, the AMLC shall file with the
appropriate court through the Office of the Solicitor General, a verified
ex parte petition for forfeiture, and the Rules of Court on Civil Forfeiture
shall apply.
"The forfeiture shall include those other monetary instrument or
property having an equivalent value to that of the monetary instrument
or property found to be related in any way to an unlawful activity or a
money laundering offense, when with due diligence, the former cannot
be located, or it has been substantially altered, destroyed, diminished
in value or otherwise rendered worthless by any act or omission, or it
has been concealed, removed, converted, or otherwise transferred, or
it is located outside the Philippines or has been placed or brought
outside the jurisdiction of the court, or it has been commingled with
other monetary instrument or property belonging to either the offender
himself or a third person or entity, thereby rendering the same difficult
to identify or be segregated for purposes of forfeiture.
(b) Claim on Forfeited Assets. – Where the court has issued an order
of forfeiture of the monetary instrument or property in a criminal
prosecution for any money laundering offense defined under Section 4
of this Act, the offender or any other person claiming an interest therein
may apply, by verified petition, for a declaration that the same
legitimately belongs to him and for segregation or exclusion of the
monetary instrument or property corresponding thereto. The verified
petition shall be filed with the court which rendered the judgment of
forfeiture, within fifteen (15) days from the date of the finality of the
order of forfeiture, in default of which the said order shall become final
and executor. This provision shall apply in both civil and criminal
forfeiture.
(c) Payment in Lieu of Forfeiture. – Where the court has issued an
order of forfeiture of the monetary instrument or property subject of a
money laundering offense defined under Section 4, and said order
cannot be enforced because any particular monetary instrument or
property cannot, with due diligence, be located, or it has been
substantially altered, destroyed, diminished in value or otherwise
rendered worthless by any act or omission, directly or indirectly,
attributable to the offender, or it has been concealed, removed,
converted, or otherwise transferred to prevent the same from being
found or to avoid forfeiture thereof, or it is located outside the
Philippines or has been placed or brought outside the jurisdiction of the
court, or it has been commingled with other monetary instruments or
property belonging to either the offender himself or a third person or
entity, thereby rendering the same difficult to identify or be segregated
for purposes of forfeiture, the court may, instead of enforcing the order
of forfeiture of the monetary instrument or property or part thereof or
interest therein, accordingly order the convicted offender to pay an
amount equal to the value of said monetary instrument or property.
This provision shall apply in both civil and criminal forfeiture."
14. BP 22: BOUNCING CHECKS LAW
Q: What is it all about?
A:
Q: If I issue you a check now for 1K knowing fully well that
I don’t have that kind of amount in my check. Did I violate
BP 22?
A: The check was not yet presented to the bank and the latter
has not yet dishonored it.
Q: Elements
A: ELEMENTS OF BP 22 (PAR. 1):
1) That a person makes or draws and issues any check;
The check is drawn or issued to apply on account or for a
valuable consideration (not really important);
2. 90 days - The making, drawing and issuance of a
check payment of which is refused by the drawee
because of insufficient funds in or credit with such
bank, when presented within ninety (90) days from
the date of the check, shall be prima facie evidence of
knowledge of such insufficiency of funds or credit.
OUTSIDE of 90 days, not an prima facie evidence but
can still be liable.
3. 180 days – stale check; the maximum period for the
holder to encash the check. Beyond 180 days, no BP
22 will prosper
Q: If not encashed within the date specified, it will be
considered stale?
A: FALSE. It is not just encashing but also depositing.
Q: If it was not encashed or deposited within 180 days, no
more BP22?
A: It’s a defense
Q: DEFENSES
A:
a. The check was issued as guaranteed deposit
b. The required notice of dishonor wasn’t given
c. The dishonor wasn’t due to insufficiency of funds i.e.
closed account
d. The check was presented beyond the 90-180-day period
e. Valid cause to stop payment i.e. installments
f. Complainant was informed that the account was
previously closed
Q: Can you be imprisoned?
A: First time offenders – fine only, discretion of the court (SC
AO)

2) The person who makes or draws and issues the check Q: If the person convicted is a first time offender, he
knows at the time of issue that he does not have sufficient cannot be imprisoned?
funds in or credit with the drawee bank for the payment of A: False. As much as possible fine, but it was not said that he
such check in full upon its presentment; and cannot be imprisoned.
3) At the time, the check was presented for payment at due
date, the same was dishonoured for insufficiency of funds AC 10-2000 and AC 13-2001 Fine is preferred as compared to
or credit, or would have been dishonoured for the same imprisonment, PROVIDED that taking into consideration the
reason had not the drawer, without any valid reason, gravity of the situation
ordered the bank to stop payment.
Q: Difference with Estafa
BP 22 ESTAFA
Q: If the check was dishonored, it must always comply
Mala Prohibita Mala in Se
with #3?
Crimes against Public Crimes against Property
A: It must be for insufficiency of funds.
Interest
Q: So if we have three elements, failure to prove any of the Deceit not required Deceit is an element
three should be tantamount to acquittal? (The check is not the (The offended party would not
A: if you proved 1 and 3, need not prove 2. UNLESS there is reason why the offended have parted his part of the
contrary evidence, then you have to prove 2 also. party parted with his obligation without the
obligation) worthless check)
Q: Notice of Dishonor? Damage not required Damage is required
A: Sec. 3 of B.P. 22 requires that the holder of the check of Drawer is given 5 banking Drawer is given 3 days to
the drawee bank, must notify the drawer of the check that the days to make arrangement make arrangement
same was dishonored, if the same is presented within 90 days
from the date of the issuance, and upon notice, the drawer has
five days within which to make arrangements for the payment 15. BANK SECRECY LAW
of the check or pay the same in full. AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY
INTO, DEPOSITS WITH ANY BANKING INSTITUTION AND
Q: IMPORTANT PERIODS PROVIDING PENALTY THEREFOR
A: It is hereby declared to be the policy of the Government to give
1. 5 days - Drawer is given 5 banking days to make encouragement to the people to deposit their money in banking
arrangements of payment after receipt of notice of institutions and to discourage private hoarding so that the
dishonor (to make good the check) same may be properly utilized by banks in authorized loans to
assist in the economic development of the country.

GR: All deposits of whatever nature with banks or banking
institutions in the PH, including investments in bonds issued by
the Govt of the PH, 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.
XPN:
1) upon written permission of the depositor,
2) in cases of impeachment, or
3) upon order of a competent court in cases of bribery or
dereliction of duty of public officials, or
4) in cases where the money deposited or invested is the
subject matter of the litigation. (SEC. 2)
Q: Foreign Currency Deposits?
A: Only written consent.
Q: Bangladesh Heist. Was it correct for RCBC to invoke
this when the Senate asked them where the money went?
A: DEPENDS.
Yes, they are correct.
Not correct, valid only when there are real depositors. Fictitious
persons daw kasi.
16. ANTI-SEXUAL HARRASMENT ACT
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL
IN THE EMPLOYMENT, EDUCATION OR TRAINING
ENVIRONMENT, AND FOR OTHER PURPOSES.
Q: When will there be SH?
A:
(1) (MIA) Authority, influence, or moral ascendancy –
the employer, employee, manager, supervisor, agent
of the employer, teacher, instructor, professor, coach,
trainer, or any other person has authority, influence,
or moral ascendancy over another;
(2) (WET) Existing in a work, education, and training
environment – the authority, influence, or moral
ascendancy exists in a working
environment/training/education; and
(3) (SF) Demand, request, or requirement of sexual
favor – the employer, employee, manager,
supervisor, agent of the employer, teacher, instructor,
professor, coach, trainer, or any other person makes
a demand, request, or requirement of a sexual favor.
Any person who directs or induces another to commit any act
of sexual harassment as herein defined, or who cooperates in
the commission thereof by another without which it would not
have been committed, shall also be held liable under this Act.
FIRST SITUATION: Judge kisses everyday his staff. Is it
SH?
SECOND: Prof beso guys when they get a right answer.
SH?
*BOTH SITUATIONS = TOTALITY OF CIRCUMSTANCES
Q: All acts will lead to hostile, intimidation working
environment?
A: False.
Q: What happens when the sexual advance was welcome.
Is it sexual harassment still?
A: Regardless whether welcome or not. Still SH. As long as it
will create a hostile environment.
17. CODE OF CONDUCT FOR PUBLIC OFFICER
Q: Prohibited Acts
A:
Section 7. Prohibited Acts and Transactions. - In addition to
acts and omissions of public officials and employees now
prescribed in the Constitution and existing laws, the following
shall constitute prohibited acts and transactions of any public
official and employee and are hereby declared to be unlawful:
(a) Financial and material interest. - Public officials and
employees shall not, directly or indirectly, have any financial or
material interest in any transaction requiring the approval of
their office.
(b) Outside employment and other activities related thereto. -
Public officials and employees during their incumbency shall
not:
(1) Own, control, manage or accept employment as officer,
employee, consultant, counsel, broker, agent, trustee or
nominee in any private enterprise regulated, supervised or
licensed by their office unless expressly allowed by law;
(2) Engage in the private practice of their profession unless
authorized by the Constitution or law, provided, that such
practice will not conflict or tend to conflict with their official
functions; or
(3) Recommend any person to any position in a private
enterprise which has a regular or pending official transaction
with their office.
These prohibitions shall continue to apply for a period of one
(1) year after resignation, retirement, or separation from public
office, except in the case of subparagraph (b) (2) above, but
the professional concerned cannot practice his profession in
connection with any matter before the office he used to be with,
in which case the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. -
Public officials and employees shall not use or divulge,
confidential or classified information officially known to them by
reason of their office and not made available to the public,
either:
(1) To further their private interests, or give undue advantage
to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and
employees shall not solicit or accept, directly or indirectly, any
gift, gratuity, favor, entertainment, loan or anything of monetary
value from any person in the course of their official duties or in
connection with any operation being regulated by, or any
transaction which may be affected by the functions of their
office.
As to gifts or grants from foreign governments, the Congress
consents to:
(i) The acceptance and retention by a public official or
employee of a gift of nominal value tendered and received as a
souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in
the nature of a scholarship or fellowship grant or medical
treatment; or
(iii) The acceptance by a public official or employee of travel
grants or expenses for travel taking place entirely outside the
Philippine (such as allowances, transportation, food, and
lodging) of more than nominal value if such acceptance is
appropriate or consistent with the interests of the Philippines,
and permitted by the head of office, branch or agency to which
he belongs.
The Ombudsman shall prescribe such regulations as may be
necessary to carry out the purpose of this subsection, including
pertinent reporting and disclosure requirements.
Nothing in this Act shall be construed to restrict or prohibit any
educational, scientific or cultural exchange programs subject to
national security requirements.
Q: SALN
A: Statements of Assets and Liabilities and Financial
Disclosure. - All public officials and employees, except those
who serve in an honorary capacity, laborers and casual or
temporary workers, shall file under oath their Statement of
Assets, Liabilities and Net Worth and a Disclosure of Business
Interests and Financial Connections and those of their spouses
and unmarried children under eighteen (18) years of age living
in their households.
Q: The two documents shall contain information on the
following: BLARP
A:
a) real property, its improvements, acquisition costs,
assessed value and current fair market value;
b) personal property and acquisition cost i.e. share of stocks;
c) all other assets such as investments, cash on hand or in
banks, stocks, bonds, and the like;
d) Liabilities – utang and financial interests
e) all business interests and financial connections.
Q: The documents must be filed: ASA
A:
a) within thirty (30) days after assumption of office;
b) on or before April 30, of every year thereafter; and
c) within thirty (30) days after separation from the service.
Q: How should you disclose your property?
A: Specific & detailed disclosure of assets
Q: If you are the judge and a case is pending before you,
the things submitted before you are: 1) a Cert from RD
saying that PO owns 20 parcels of land; 2) SALN stating
there under RP is a House and Lot & all improvements,
acquisition value. Compliant?
A: THIS IS DEBATABLE
(SIR) Compliant as long as you put the address and the total
acquisition cost/value for all.
However, some disagree.
*Before 2013-2014, there was a move to amend the form,
additional item – expenses need to be declared
Q: How about gadget?
A: Lagay mo year
Q: FILING of Husband and Wife?
A:
If both government EEs – may be jointly
If only one – you include the other spouse; ask him/her to sign.
18. FORFEITURE LAW
GR: Other legitimately acquired property means any real or
personal property, money or securities which the respondent
has at any time acquired by inheritance and the income
thereof, or by gift inter vivos before his becoming a public
officer or employee, or any property (or income thereof)
already pertaining to him when he qualified for public office or
employment, or the fruits and income of the exclusive property
of the respondent's spouse. It shall not include:
XPNs:
1. Property unlawfully acquired by the respondent, but
its ownership is concealed by its being recorded in the
name of, or held by, the respondent's spouse,
ascendants, descendants, relatives, or any other
person.
2. Property unlawfully acquired by the respondent, but
transferred by him to another person or persons on or
after the effectivity of this Act.
3. Property donated to the respondent during his
incumbency, unless he can prove to the satisfaction of
the court that the donation is lawful.
Q: How do we now relate SALN?
A: PO’s properties MANIFESTLY out of proportion to his salary
will be forfeited
Q: All properties of a PO or EE that are out of proportion to
his salary must be forfeited?
A: FALSE. Must be MANIFESTLY out of proportion to his
lawful income.
Lawful income pertains not only to salary but also to other
incomes (private business)
Q: What is the presumption?
A: That it was unlawfully acquired or ill-gotten
Q: Is that presumption rebuttable?
A: PO must be given the chance to answer or explain his side.
Q: How do you justify?
A: Evidence; you can say donated yung property.
Q: Is forfeiture civil or criminal in nature? Why?
A: Civil because absence of some criminal proceedings.
Penalty is so grave that you forfeit the property therefore it
requires criminal proceeding that’s why need of probable cause
It is civil in nature but partakes some criminal procedure
because the penalty is so great that the state needs to
afford the defendant all the rights of the accused
Case of Jolly Bugarin
19. GOVERNMENT PROCUREMENT LAW
Q: Procurement
A: It is the acquisition of Goods, Consulting Services, and the
contracting for Infrastructure Projects by the Procuring Entity.
Procurement shall also include the lease of goods and real
estate. With respect to real property, its procurement shall be
governed by the provisions of Republic Act No.8974, entitled
"An Act to Facilitate the Acquisition of Right-of -Way Site or
Location of National Government Infrastructure Projects and
for Other Purposes" and other applicable laws, rules and
regulations.
Q: Consultant, included?
A: Macasaet case – ID consultant hired by the SC
Depende kung sino tinatanong mo
(SIR) Di dapat kasama especially if the consultant involves
highly confidential/technical positions.
If COA, nakalagay sa GPRA na dapat may bidding.
Q: If there is procurement of goods, CS, etc. it should be
by public bidding?
A: FALSE.
XPNs:
(a) Limited Source Bidding, otherwise known as Selective
Bidding – a method of Procurement that involves direct
invitation to bid by the Procuring Entity from a set of
preselected suppliers or consultants with known experience
and proven capability relative to the requirements of a
particular contract;
SEC. 49. Limited Source Bidding. – Limited Source Bidding
may be resorted to only in any of the following conditions:
(a) Procurement of highly specialized types of Goods and
Consulting Services which are known to be obtainable only
from a limited number of sources; or
(b) Procurement of major plant components where it is
deemed advantageous to limit the bidding to known eligible
bidders in order to maintain an optimum and uniform level
of quality and performance of the plant as a whole.
(b) Direct Contracting, otherwise known as Single Source
Procurement – a method of Procurement that does not require
elaborate Bidding Documents because the supplier is simply
asked to submit a price quotation or a pro-forma invoice
together with the conditions of sale, which offer may be
accepted immediately or after some negotiations;
SEC. 50. Direct Contracting. – Direct Contracting may be
resorted to only in any of the following conditions:
(a) Procurement of Goods of proprietary nature, which can
be obtained only from the proprietary source, i.e. when
patents, trade secrets and copyrights prohibit others from
manufacturing the same item;
(b) When the Procurement of critical components from a
specific manufacturer, supplier or distributor is a condition
precedent to hold a contractor to guarantee its project
performance, in accordance with the provisions of his
contract; or,
(c) Those sold by an exclusive dealer or manufacturer,
which does not have subdealers selling at lower prices and
for which no suitable substitute can be obtained at more
advantageous terms to the Government.
(c) Repeat Order – a method of Procurement that involves a
direct Procurement of Goods from the previous winning bidder,
whenever there is a need to replenish Goods procured under a
contract previously awarded through Competitive Bidding;
SEC. 51. Repeat Order. – When provided for in the Annual
Procurement Plan, Repeat Order may be allowed wherein
the Procuring Entity directly procures Goods from the
previous winning bidder whenever there arises a need to
replenish goods procured under a contract previously
awarded through Competitive Bidding, subject to post-
qualification process prescribed in the Bidding Documents
and provided all the following conditions are present:
(a) The unit price must be equal to or lower than that
provided in the original contract;
(b) The repeat order does not result in splitting of
requisitions or purchase orders;
(c) Except in special circumstances defined in the IRR, the
repeat order shall be availed of only within six (6) months
from the date of the Notice to Proceed arising from the
original contract; and,
(d) The repeat order shall not exceed twenty-five percent
(25%) of the quantity of each item of the original contract.
(d) Shopping – a method of Procurement whereby the
Procuring Entity simply requests for the submission of price
quotations for readily available off-the-shelf Goods or
ordinary/regular equipment to be procured directly from
suppliers of known qualification; or
SEC. 52. Shopping. – Shopping may be resorted to under
any of the following instances:
(a) When there is an unforeseen contingency requiring
immediate purchase: Provided, however, That the amount
shall not exceed Fifty Thousand Pesos (P50,000); or
(b) Procurement of ordinary or regular office supplies and
equipment not available in the Procurement Service
involving an amount not exceeding Two Hundred Fifty
Thousand Pesos (P250,000):
Provided, however, That the Procurement does not result in
Splitting of Contracts:
Provided, further, That at least three (3) price quotations
from bona fide suppliers shall be obtained. The above
amounts shall be subject to a periodic review by the GPPB.
For this purpose, the GPPB shall be authorized to increase
or decrease the said amount in order to reflect changes in
economic conditions and for other justifiable reasons.
(e) Negotiated Procurement – a method of Procurement that
may be resorted under the extraordinary circumstances
provided for in Section 53 of this Act and other instances that
shall be specified in the IRR, whereby the Procuring Entity
directly negotiates a contract with a technically, legally and
financially capable supplier, contractor or consultant. In all
instances, the Procuring Entity shall ensure that the most
advantageous price for the Government is obtained.
SEC. 53. Negotiated Procurement. – Negotiated
Procurement shall be allowed only in the following
instances:
(a) In cases of two failed biddings, as provided in Section
35 hereof;
(b) In case of imminent danger to life or property during a
state of calamity, or when time is of the essence arising
from natural or man-made calamities or other causes
where immediate action is necessary to prevent damage to
or loss of life or property, or to restore vital public services,
infrastructure facilities and other public utilities;
(c) Take-over of contracts, which have been rescinded or
terminated for causes provided for in the contract and
existing laws, where immediate action is necessary to
prevent damage to or loss of life or property, or to restore
vital public services, infrastructure facilities and other public
utilities;
(d) Where the subject contract is adjacent or contiguous to
an on-going infrastructure project, as defined in the IRR:
Provided, however, That the original contract is the result of
a Competitive Bidding; the subject contract to be negotiated
has similar or related scopes of work; it is within the
 contracting capacity of the contractor; the contractor uses
the same prices or lower unit prices as in the original
contract less mobilization cost; the amount involved does
not exceed the amount of the ongoing project; and, the
contractor has no negative slippage: Provided, further, That
negotiations for the procurement are commenced before
the expiry of the original contract. Whenever applicable,
this principle shall also govern consultancy contracts,
where the consultants have unique experience and
expertise to deliver the required service; or,
(e) Subject to the guidelines specified in the IRR,
purchases of Goods from another agency of the
Government, such as the Procurement Service of the DBM,
which is tasked with a centralized procurement of
commonly used Goods for the government in accordance
with Letters of Instruction No. 755 and Executive Order No.
359, series of 1989.
(d) Swiss Challenge – proposals coming from a private sector
and not from the government
 A form of public procurement operated in some
jurisdictions, which requires a public authority (usually an
agency of government) which has received an
unsolicited bid for a public project (such as a port, road or
railway), or for services to be provided to government, to
publish the bid and invite third parties to match or better it.
 Not a violation of public bidding, because the proponent
did all the feasibility study and research
Q: Is it always the lowest bidder?
A:
GR: Government will get the lowest possible bidder
XPN: Terms of reference w/in the Approved Budget for
Contract (ABC) even if not the lowest
Approved Budget for the Contract (ABC) - refers to the
budget for the contract duly approved by the Head of the
Procuring Entity, as provided for in the General
Appropriations Act and/or continuing appropriations, in the
National Government Agencies; the Corporate Budget for the
contract approved by the governing Boards, pursuant to
E.O.No.518, series of 1979, in the case of Government
Financial Institutions and State Universities and Colleges;
and the Budget for the contract approved by the respective
Sanggunian, in the case of Local Government Units.
Competitive Bidding - refers to a method of procurement
which is open to participation by any interested party and
which consist of the following processes: advertisement, pre-
bid conference, eligibility screening of bids, evaluations of
bids, post - qualification, and award of contract, the specific
requirements and mechanics of which shall be defined in the
IRR to be promulgated under this Act.
20. ANTI GRAFT AND CORRUPT PRACTICES ACT
Important sections to remember: SEC 3,4 & 5
PUNISHABLE ACTS under Sec. 3 of RA 3019
1. A public officer:
a. Persuading, inducing, or influencing another
public officer to:
i. Perform an act constituting a violation of
the Rules and Regulations duly
promulgated by competent authority, or
ii. An offense in connection with the official
duties of the latter.
b. Allowing himself to be persuaded, induced or
influenced to commit such violation or offense
(Sec 3 (a), RA 3019).
2. Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or
transaction between the Government and any other
party, wherein the public officer in his official capacity has
to intervene under the law (Sec. 3 (b), RA 3019).
 Take into consideration also PD 42 which prohibits the act
of giving gifts even on occasions.
- XPN: Section 14. Unsolicited gifts or presents of small
or insignificant value offered or given as a mere
ordinary token of gratitude or friendship according to
local customs or usage, shall be excepted from the
provisions of this Act.
3. Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for himself
or for another, from any person for whom the public officer,
in any manner or capacity, has secured or obtained, or
will secure or obtain, any Government permit or
license, in consideration for the help given or to be given
(Sec. 3 (c), RA 3019).
4. Accepting or having any member of his family accept
employment in a private enterprise which has pending
official business with him during the pendency thereof or
within one year after its termination.
5. Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his
official, administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable
negligence (Sec. 3 (e), RA 3019). (FAVORITE NI SIR!)
 Causing undue injury — there must be actual damage
sustained, otherwise you cannot be prosecuted under this
law.
 Giving any private party any unwarranted benefit,
advantage, or preference
Important elements:
 That he acted with MANIFEST partiality, EVIDENT bad
faith, or GROSS INEXCUSABLE negligence.
6. Neglecting or refusing, after due demand or request,
without sufficient justification, to act within a reasonable
time on any matter pending before him (Sec. 3 (f), RA
3019).
7. Entering, on behalf of the Government, into any contract
or transaction manifestly and grossly
disadvantageous to the same, whether or not the public
officer profited or will profit thereby (Sec. 3 (g), RA 3019).
Important elements:
 Such contract or transaction is grossly and manifestly
disadvantageous to the government (the threshold of the
crime).
8. Directly or indirectly having financial or pecuniary interest in
any business, contract or transaction in which he:
 a. Intervenes or takes part in his official capacity;
(Intervention must be actual and in the official
capacity of the public officer), or
b. Is prohibited by the constitution or by law from having
any interest (Sec. 3 (h), RA 3019).
9. Directly or indirectly becoming interested, for personal gains,
or having a material interest in any transaction or act which:
a. Requires the approval of a board, panel or group of
which he is a member and which exercises discretion
in such approval; or
b. b. Even if he votes against the same or does not
participate in the action of the board, committee,
panel or group (Sec. 3 (i), RA 3019).
• Interest for personal gain shall be presumed against those
public officials responsible for the approval of manifestly
unlawful, inequitable, or irregular transaction or acts by the
board, panel or group to which they belong.
10. Knowingly approving or granting any license, permit,
privilege or benefit in favor of:
a. Any person not qualified for or not legally entitled to
such license, permit, privilege or benefit; or
b. A mere representative or dummy of one who is not so
qualified or entitled (Sec. 3 (j), RA 3019).
11. a. Divulging valuable information of a:
i. Confidential character
ii. Acquired by his office or by him on account of his
official position to unauthorized person
b. Releasing such information in advance of its authorized
released date (Sec. 3 (k), RA 3019).
Q: Should the law be constitutional?
A: Regardless if the law is unconstitutional or not, so long as
he divulges valuable information he is liable under this act.
PROHIBITED ACTS FOR PRIVATE INDIVIDUALS under
Sec. 4 of RA 3019
It shall be unlawful:
1. For any person having family or close personal
relation with any public official to capitalize or
exploit or take advantage of such family or personal
relation, by directly or indirectly requesting or
receiving any present, gift, material or pecuniary
advantage from any person having some business,
transaction, application, request or contract with the
government, in which such public officer has to
intervene (Sec. 4, RA 3019); and
OTHER PROHIBITED ACTS FOR THE RELATIVES under
Sec. 5 of RA 3019
GR: It shall be unlawful for the spouse or relative by
consanguinity or affinity within the third civil degree of the
President, Vice President, Senate President, or Speaker of
the House to intervene directly or indirectly in any business,
transaction, contract or application with the government.
Q: The son of JDV is contracting w/ the gov’t, is that
punishable under this act?
A: It depends, if he doesn’t belong* under the XPNs below he
is liable.
XPN: This will not apply to:
1. Any person who prior to the assumption of office of
any of the above officials to whom he is related, has
been already dealing with the Government along the
same line of business;
2. Any transaction, contract or application already
existing or pending at the time of such assumption
of public office;
3. Any application filed by him the approval of which is
not discretionary on the part of the official or
officials concerned but depends upon compliance
with requisites provided by law, or rules or regulations
issued pursuant to law; or
4. Any act lawfully performed in an official capacity or in
the exercise of a profession (Sec. 5, RA 3019).
21. PLUNDER
Q: What is plunder?
A: It is a crime committed by a public officer by himself or in
connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other
persons, by amassing, accumulating or acquiring ill-gotten
wealth through a combination or series of overt acts in the
aggregate amount or total value of at least P50 million (Sec. 2,
RA 7080, as amended by RA 7659).
• There must be at least 2 predicate crimes committed before
one can be convicted of plunder.
• It includes both public and private funds.
Elements of Plunder
1. That the offender is a public officer who acts by himself or in
connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates, or other
persons;
2. That he amassed, accumulated or acquired ill- gotten wealth
through a combination or series of the following overt or
criminal acts (SECTION 1(d)):
1) through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public
treasury;
2) by receiving, directly or indirectly, any commission, gift,
share, percentage, kickback or any other form of
pecuniary benefits from any person and/or entity in
connection with any government contract or project or by
reason of the office or position of the public officer
concerned;
3) by the illegal or fraudulent conveyance or disposition of
assets belonging to the National Government or any of its
subdivisions, agencies or instrumentalities of GOCCs or
their subsidiaries;
4) by obtaining, receiving or accepting directly or indirectly
any shares of stock, equity or any other form of interest or
participation including the promise of future employment
in any business enterprise or undertaking;
5) by establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation
of decrees and orders intended to benefit particular
persons or special interests;
6) by taking undue advantage of official position, authority,
relationship, connection 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; and
3. That the aggregate amount or total value of the ill-gotten
wealth amassed, accumulated or acquired is at least
P50,000,000.00 (Enrile v. People, G.R. 213455, August 11,
2015).
Q: In Argosino case, he was caught in the casino w/ 49.9M is
he liable?
A1: It must be at least 2 acts/ combination.
A2: In favor of the accused and against the gov’t, it must be
50M.
Combination
· Combination refers to at least two different acts in the
above enumeration.
Series
· Series refers to at least 3 overt acts covered by the
enumeration.
· (Serapio v. Sandiganbayan, G.R. No. 148468, January
28, 2003).
22. ANTI-ALIAS LAW
 According to the SC, an alias is a name or names use
intended to be used by a person publicly and
habitually, usually in business transaction other than the
name registered at birth for the first time before the local
civil registrar.
PROHIBITED ACT:
 No person can use any other name other than the name
by which he is baptized at the office of the civil registrar in
your place other than the name by which he is recorded in
Bureau of Immigration, if case he is a foreigner coming
here in the Philippines. He can only use his name.
Jurisprudence
 Must use publicly and with intent to be known by such
alias
In Cesario Ursua vs. CA,
According to the SC, the use of the name Oscar Perez
in an isolated transaction, without any showing,
absent an evidence that henceforth he wanted to be
known by the name of Oscar Perez in not within the
prohibition of CA 142 as amended.
In People vs. Estrada,
Again, the SC said, the use by Erap of the name Jose
Velarde in a single, isolated transaction, without any
showing that henceforth he wanted to be known by
such name, is not within the prohibition of CA 142 as
amended.
XPNs:
1) Upon approval of court to use other name
2) In entertainment field i.e., television, sports
(wrestling), literary, media
3) In single isolated transactions
23. ANTI- HAZING LAW
HAZING
· An initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant
in some embarrassing or humiliating situations such as
forcing him to do menial, silly, foolish and other similar
tasks or activities or otherwise subjecting him to physical
or psychological suffering or injury (Sec. 1, RA 8049).
ALLOWABLE INITIATION RITES
1) Those conducted by “organizations” which shall include
any club or the AFP, PNP, PMA, or officer and cadet
corp. of the Citizen's Military Training and CAT. The
physical, mental and psychological testing and
training procedure and practices to determine and
enhance the physical, mental and psychological
fitness of prospective regular members of the AFP and
the PNP as approved by the Secretary of National
Defense and the National Police Commission duly
recommended by the Chief of Staff, AFP and the Director
General of the PNP.
 Hazing is not totally prohibited in the Philippines. Hazing
by non-military is allowed provided that the following
requisites:
2) Those conducted by any fraternity, sorority or
organization with prior written notice to the school
authorities or head of organization 7 days before the
conduct of such initiation (Sec. 1, RA 8049).
PERSONS LIABLE:
The following are liable as PRINCIPAL:
1. The officers and members of the fraternity, sorority or
organization who actually participated in the infliction of
physical harm;
2. The parents of the officer or member of the fraternity,
sorority or organization, when they have actual
knowledge of the hazing conducted in their home but
failed to take any action to prevent the same from
occurring; and
3. The officers, former officers or alumni of the
organization, group, fraternity or sorority who actually
planned the hazing although not present when the acts
constituting hazing were committed (Sec. 4, RA 8049).
 The presence of any person during the hazing is prima
facie evidence of participation therein as principal,
UNLESS he prevented the commission of the acts
punishable therein.
The following are liable as ACCOMPLICE:
1. The owner of the place where the hazing is conducted,
when he has actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same
from occurring; and
2. The school authorities including faculty members who
consent to the hazing or who have actual knowledge
thereof, but failed to take any action to prevent the
same from occurring (Sec. 4, RA 8049).
24. ANTI-WIRETAPPING LAW
“In private communication intended for those who are
present only”
What is foremost prohibited is the act of tapping, recording or
intercepting any private communication or spoken word without
the consent of all the parties. Without being authorized by all
the parties to the said private communication or spoken word.
PUNISHABLE ACTS:
1. Not being authorized by all the parties to any private
communication or spoken word, by tapping any wire or
cable, or by using any other device or arrangement, by
secretly overhearing, intercepting, or recording such
communication or spoken word.
2. By knowingly possessing any tape record, wire record,
disc record, or any other such record, or copies thereof, of
any tapped or recorded private communication or spoken
word unauthorized by all the parties thereto, be he a
participant or not; or
3. By replaying the same for any other person or persons; or
4. By communicating the contents thereof, either verbally
or in writing; or
5. By furnishing transcriptions thereof, whether complete or
 partial, to any other person.
XPN: the use of such record or any copies thereof any peace
officer, who is authorized by a written order of the Court, as
evidence in any civil, criminal investigation or trial of the
following offenses:
· treason, espionage, provoking war and disloyalty in
case of war, piracy, mutiny in the high seas, rebellion,
conspiracy and proposal to commit rebellion, inciting
to rebellion, sedition, conspiracy to commit sedition,
inciting to sedition, kidnapping as defined by the RPC,
and violations of CA. 616, punishing espionage and
other offenses against national security.
Q: Tulfo brother, Imbestigador and the like recording
videos and being shown on televisions nationwide, is that
punishable under this Act?
A: NO. It is a video recording w/c is not prohibited under this
law. Videos are incapable of being fabricated unlike recording,
machinations w/c can be easily fabricated.
CONTENTS OF COURT ORDER: (No blanket order
allowed)
The order granted or issued shall specify:
1) the identity of the person or persons whose
communications, conversations, discussions, or spoken
words are to be overheard, intercepted, or recorded and,
in the case of telegraphic or telephonic communications,
the telegraph line or the telephone number involved and its
location;
2) the identity of the peace officer authorized to overhear,
intercept, or record the communications, conversations,
discussions, or spoken words;
3) the offense or offenses committed or sought to be
prevented; and
4) the period of the authorization. The authorization shall be
effective for the period specified in the order which shall
not exceed 60 days from the date of issuance of the order,
unless extended or renewed by the court upon being
satisfied that such extension or renewal is in the public
interest.  personal belongings of the members of the complement or
25. ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY
Piracy
- Any attack upon or seizure of any vessel,
- or the taking away of the whole or part thereof or its
cargo, equipment, or the personal belongings of its
complement or passengers,
- irrespective of the value thereof,
- by means of violence against or intimidation of
persons or force upon things committed by any
person,
- including a passenger or member of the complement
of said vessel, in Philippine waters.
RPC –
Art. 122. Piracy in general and mutiny on the high seas. —
The penalty of reclusion temporal shall be inflicted upon any
person who, on the high seas, shall attack or seize a vessel or,
not being a member of its complement nor a passenger, shall
seize the whole or part of the cargo of said vessel, its
equipment, or personal belongings of its complement or
passengers.
The same penalty shall be inflicted in case of mutiny on the
high seas.
Qualified Piracy when any of the following crimes is
committed on the occasion of piracy:
a) Physical injuries or other crimes
b) Rape, murder or homicide
c) Offender abandoned the victims without means of saving
themselves
d) When seizure is accompanied by firing upon or boarding a
vessel
Highway Robbery/Brigandage.
The seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of
another by means of violence against or intimidation of person
or force upon things of other unlawful means, committed by
any person on any Philippine Highway.
o To sustain a conviction for highway robbery, the
prosecution must prove that the accused were
organized for the purpose of committing robbery
indiscriminately.
o If the purpose is only a particular robbery, the crime is
only robbery, or robbery in band if there are at least
four armed men
Qualified Highway Robbery/Brigandage when any of the
following crimes is committed on the occasion of Highway
Robbery/Brigandage:
a) Physical injuries or other crimes
b) Kidnap for ransom, extortion, murder, homicide, or
rape.
Aiding or protecting pirates or highway robbers/brigands
in any of the following manner shall be considered accomplice
of the principal offenders and be punished in accordance with
the Rules prescribed by the RPC:
a) Giving them information about the movement of the police
or other peace officers of the government
b) Acquiring or receiving property taken by such pirates or
brigands or in any manner derives any benefit therefrom
c) Directly or indirectly abetting the commission of piracy or
highway robbery or brigandage
Difference of Piracy under RPC and SPL
Under PD 532, piracy is committed by attacking or seizing the
vessel or seizing in whole or in part the cargo, equipment or
passengers of the vessel IRRESPECTIVE of the value thereof,
committed by means of force and violence and committed by
any person whether he may a member of the complement or
passenger of the vessel or strangers to the vessel BUT the
vessel is on Philippine waters.
Therefore, for PIRACY UNDER PD 532 to arise, it
necessary that the vessel is on Philippine waters.
- If the vessel is on the high seas, immediately rule
out PD 532.
DIFFERENCE:
 PD 532
- the offenders can be any person. He can be a
stranger. He can be members of the complement or
passengers of the vessel
- vessel is on the Philippine Water
 RPC
- by persons who are not members of the vessel’s
complement, nor by passengers of the vessel
- in the high seas or in Philippine waters.
26. ANTI-HIJACKING LAW
PROHIBITED ACTS
1) By compelling the pilot of an aircraft of Philippine
registry to change its course or destination OR by seizing
or usurping control thereof while it is in flight
- If the aircraft is of Philippine registry, the seizure or
usurpation to amount in violation of RA 6235, requires
that the aircraft must be in flight.
- An aircraft is in flight the moment all its external doors
had been closed, following embarkation until any of it
external doors had been opened for purposes of
disembarkation
2) By compelling an aircraft of foreign registry to land in
Philippine territory OR by seizing or usurping control
thereof while the same is in Philippine territory
- if the aircraft is of foreign registry, the seizure or
usurpation did not need while it is in flight. For as long
as the aircraft of foreign registry is within the
Philippine territory, seizure or usurpation thereof will
bring about violation of RA 6235 even if all its doors
are opened; even if it is not in flight.
3) By carrying or loading on board a PASSENGER
AIRCRAFT operating as a public utility in the Philippines
materials or substances which are explosive, flammable,
corrosive or poisonous
- If the aircraft is a PASSENGER AIRCRAFT, the mere
act of carrying or loading explosive, flammable,
corrosive or poisonous substances will immediately
constitute a violation of RA 6235.
AGGRAVATING CIRCUMSTANCE
Insofar as these two prohibited acts are concerned, what
are the circumstances which will qualify the penalty?
Under RA 6235, the following circumstances will qualify the
first two acts:
a) By firing upon the pilot or the member of the crew or
passenger of the aircraft; or
b) By exploding or attempting to explode by mean of a bomb
or explosive for purposes of destroying the aircraft; or
c) Whenever the crime is accompanied by murder, homicide,
serious physical injuries or rape
By shipping, carrying or loading on board a CARGO
AIRCRAFT operating as a public utility in the Philippines
materials or substances which are explosive, flammable,
corrosive or poisonous in a manner not in accordance with the
rules and regulations of the Air Transportation Office
If however the aircraft is a CARGO AIRCRAFT, the loading of
these poisonous substances, flammable substances, is
allowed because it is a cargo aircraft. The crime will only arise
if such act of loading is not in accordance with the rules and
regulations of the Air Transportation Office – a permit allowing
to carry such materials.
27. CYBERCRIME LAW
PROHIBITED ACTS
CATEGORIES OF OFFENSES:
(a) OFFENSES AGAINST THE CONFIDENTIALITY,
INTEGRITY AND AVAILABILITY OF COMPUTER DATA
AND SYSTEMS:
1) Illegal Access. – The access to the whole or any part of a
computer system without right.
2) Illegal Interception. – The interception made by technical
means without right of any non-public transmission of
computer data to, from, or within a computer system
including electromagnetic emissions from a computer
system carrying such computer data.
3) Data Interference. — The intentional or reckless
alteration, damaging, deletion or deterioration of computer
data, electronic document, or electronic data message,
without right, including the introduction or transmission of
viruses.
4) System Interference. — The intentional alteration or
reckless hindering or interference with the functioning of a
computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing
computer data or program, electronic document, or
electronic data message, without right or authority,
including the introduction or transmission of viruses.
5) Misuse of Devices.
- The use, production, sale, procurement, importation,
distribution, or otherwise making available, without
right, of:
o A device, including a computer program,
designed or adapted primarily for the
purpose of committing any of the offenses
under this Act; or
o A computer password, access code, or
similar data by which the whole or any part of
a computer system is capable of being
accessed with intent that it be used for the
purpose of committing any of the offenses
under this Act.
- The possession of an item referred to above with
intent to use said devices for the purpose of
committing any of the offenses under this section.
6) Cyber-squatting. – The acquisition of a domain name
over the internet in bad faith to profit, mislead, destroy
reputation, and deprive others from registering the same, if
such a domain name is:
- Similar, identical, or confusingly similar to an existing
trademark registered with the appropriate government
agency at the time of the domain name registration:
- Identical or in any way similar with the name of a
person other than the registrant, in case of a personal
name; an
- Acquired without right or with intellectual property
interests in it.
(b) COMPUTER-RELATED OFFENSES:
1) Computer-related Forgery. —
- The input, alteration, or deletion of any computer data
without right resulting in inauthentic data with the
intent that it be considered or acted upon for legal
purposes as if it were authentic, regardless whether or
not the data is directly readable and intelligible; or
- The act of knowingly using computer data which is the
product of computer-related forgery as defined herein,
for the purpose of perpetuating a fraudulent or
dishonest design.
2) Computer-related Fraud. — The unauthorized input,
alteration, or deletion of computer data or program or
interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided,
That if no damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
3) Computer-related Identity Theft. – The intentional
acquisition, use, misuse, transfer, possession, alteration or
deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if
no damage has yet been caused, the penalty imposable
shall be one (1) degree lower.
(c) CONTENT-RELATED OFFENSES:
1) Cybersex. — The willful engagement, maintenance,
control, or operation, directly or indirectly, of any lascivious
exhibition of sexual organs or sexual activity, with the aid
of a computer system, for favor or consideration.
2) Child Pornography. — The unlawful or prohibited acts
defined and punishable by Republic Act No. 9775 or the
 Anti-Child Pornography Act of 2009, committed through a k) P.D. No. 532 (Anti-Piracy and Anti-Highway Robbery Law
computer system: Provided, That the penalty to be of 1974); and,
imposed shall be (1) one degree higher than that provided l) P.D. No. 1866, as amended (Decree Codifying the Laws
for in Republic Act No. 9775. on Illegal and Unlawful Possession, Manufacture, Dealing
3) Unsolicited Commercial Communications. — The in, Acquisition or Disposition of Firearms, Ammunitions or
transmission of commercial electronic communication with Explosives)
the use of computer system which seek to advertise, sell, thereby sowing and creating a condition of widespread
or offer for sale products and services are prohibited and extraordinary fear and panic among the populace, in
unless: order to coerce the government to give in to an unlawful
- There is prior affirmative consent from the recipient; or demand.
- The primary intent of the communication is for service
and/or administrative announcements from the sender
to its existing users, subscribers or customers; or Punishable Acts
- The following conditions are present: RPC SPL
o The commercial electronic communication  Piracy in  Anti‐Hijacking Law
contains a simple, valid, and reliable way for General and  Anti‐Piracy and Anti‐
the recipient to reject. receipt of further Mutiny in the Highway Robbery
commercial electronic messages (opt-out) High Seas or in Law of 1974 (PD
from the same source; the Philippine 532)
o The commercial electronic communication Waters  Decree Codifying
does not purposely disguise the source of  Rebellion or the Laws on Illegal
the electronic message; and Insurrection and Unlawful
o The commercial electronic communication  Coup d'etat, Possession,
does not purposely include misleading including acts Manufacture,
information in any part of the message in committed by Dealing In,
order to induce the recipients to read the private persons Acquisition or
message.  Murder Disposition of
4) Libel. — The unlawful or prohibited acts of libel as defined  Kidnapping and Firearms,
in Article 355 of the RPC, as amended, committed through Serious Illegal Ammunitions or
a computer system or any other similar means which may Detention Explosives
be devised in the future.  Crimes Involving  The Law on Arson
o With respect to online libel, its vagueness raises Destruction;  Toxic Substances
apprehension on the part of internet users because of and Hazardous and
its obvious chilling effect on the freedom of Nuclear Waste
expression, especially since the crime of aiding or Control Act of 1990
abetting ensnares all the actors in the cyberspace  Atomic Energy
front in a fuzzy way. What is more, as the petitioners Regulatory and
point out, formal crimes such as libel are not Liability Act of 1968
punishable unless consummated.
In both instances the following elements must also occur:
T/F: Is Cyber Libel constitutional – YES. a. Sow and create a condition of widespread and
Reason: extraordinary fear and panic among the populace;
OR
Will Cyber Libel fall under the RPC? Is it already provided b. Coerce the government to give in to an unlawful demand
for under the RPC? (Sec. 3).
- Yes. RPC says in writing, printing, painting, etc. and
“or any similar means” T/F: If you commit terrorism by Rebellion, you can no
longer be punished under this?
28. HUMAN SECURITY ACT - SEC. 49. Prosecution Under This Act Shall be a
Bar to Another Prosecution under the Revised
Terrorism; how committed: Penal Code or any Special Penal Laws. - When a
It is committed by any person who commits an act punishable person has been prosecuted under a provision of this
under any of the following provisions of the Revised Penal Act, upon a valid complaint or information or other
Code: formal charge sufficient in form and substance to
a) Article 122 (Piracy in General and Mutiny in the High Seas sustain a conviction and after the accused had
or in the Philippine Waters); pleaded to the charge, the acquittal of the accused or
b) Article 134 (Rebellion or Insurrection); the dismissal of the case shall be a bar to another
c) Article 134-a (Coup d’etat), including acts committed by prosecution for any offense or felony which is
private persons; necessarily included in the offense charged under this
d) Article 248 (Murder); Act.
e) Article 267 (Kidnapping and Serious Illegal Detention);
f) Article 324 (Crimes Involving Destruction), or under Absorption theory - Prosecution under R.A. 9372, a bar to
g) P.D. No. 1613 (The Law on Arson); another prosecution under the RPC or any special penal
h) R.A. No. 6969 (Toxic Substances and Hazardous and laws:
Nuclear Waste Control Act of 1990);  When a person has been prosecuted under a R.A.
i) R.A. No. 5207 (Atomic Energy Regulatory and Liability Act 9372, upon a valid complaint or information or other
of 1968); formal charge sufficient in form and substance to
j) R.A. No. 6235 (Anti-Hijacking Law); sustain a conviction and after the accused had
 pleaded to the charge, the acquittal of the accused
or the dismissal of the case shall be a bar to
another prosecution for any offense or felony
which is necessarily included in the offense
charged under this Act.

How do you get rich in HSA?

- Section 50. Damages for Unproven Charge - Upon
acquittal, any person who is accused of terrorism shall
be entitled to the payment of damages in the amount
of Five hundred thousand pesos (P500,000.00) for
every day that he or she has been detained or
deprived of liberty or arrested without a warrant as a
result of such an accusation.