2017 Special Penal Laws Revised

SPECIAL
PENAL LAWS
Atty. Ramon S. Esguerra
COVERAGE:
1. Anti-Arson Law (P.D. No. 1613);
2. New Anti-Carnapping Act (R.A. No. 10883);
3. Anti-Child Abuse Law (R.A. No. 7610, as

amended);
4. Anti-Child Pornography Law (R.A. No. 9755);
5. Anti-Fencing Law (P.D. No. 1612);

COVERAGE:
6. Anti-Graft and Corrupt Practices Act (R.A. No.

3019, as amended);
7. Anti-Hazing Law (R.A. No. 8049);
8. Anti-Hijacking Law (R.A. No. 6235);
9. Anti-Piracy and Anti-Highway Robbery (P.D. No.

532);
10. Anti-Plunder Act (R.A. No. 7080, as amended);

COVERAGE:
11. Anti-Sexual Harassment (R.A. No. 7877);
12. Anti-Torture Act (R.A. No. 9745)
13. Anti-Trafficking in Persons Act (R.A. No. 9208);
14. Anti-Violence against Women and their Children

Act (R.A. No. 9262)
15. Bouncing Checks Law (B.P.Blg. 22);
16. Comprehensive Dangerous Drugs Act (R.A. No.

9165)
COVERAGE:
17. Illegal Possession of Firearms (P.D. No. 1866, as

amended by R.A. No. 8294 and R.A. No. 10591);
18. Indeterminate Sentence Law (R.A. No. 4103, as

amended);
19. Juvenile Justice and Welfare Act (R.A. No. 9344,

as amended by R.A. No. 10630, and in relation to
P.D. No. 603);
20. Obstruction of Justice (P.D. No. 1829);
21. Probation Law (P.D. No. 968, as amended);

COVERAGE:
22. Trust Receipts Law (P.D. No. 115);
23. Cybercrime Prevention Act (R.A. No. 10175); and
24. Human Security Act (R.A. No. 9372) – defining

acts of terrorism
ANTI-ARSON LAW
(P.D. 1613)
KINDS OF ARSON:
1. Arson, under Section 1 of Presidential Decree
No. 1613;
2. Destructive arson, under Article 320 of the
Revised Penal Code, as amended by Republic Act
No. 7659;
3. Other cases of arson, under Section 3 of
Presidential Decree No. 1613.
 The laws on arson in force today are P.D. No. 1613

and Article 320 of the RPC, as amended by R.A.
No. 7659. The provisions of P.D. No. 1613 that are
inconsistent with R.A. 7659 (such as Section 2 on
destructive arson are DEEMED REPEALED)
SIMPLE ARSON
(SECTION 1, P.D. NO. 1613)
There is simple arson when any person burns or
sets fire to the property of another, or his own
property under circumstance which expose to
danger the life or property of another.
DESTRUCTIVE ARSON
(ARTICLE 320 OF THE RPC, AS AMENDED BY
R.A. NO. 7659)
A. Burning of:
i. One or more buildings or edifices, consequent to one

single act of burning, or as a result of simultaneous
burnings, committed on several or different occasions;
ii. Any building of public or private ownership, devoted to

the public in general or where people usually gather or
congregate for a definite purpose such as, but not limited
to, official governmental function or business, private
transaction, commerce, trade workshop, meetings and
conferences, or merely incidental to a definite purpose
such as but not limited to hotels, motels, transient
dwellings, public conveyances or stops or terminals…
DESTRUCTIVE ARSON
R.A. NO. 7659)
ii. … regardless of whether the offender had knowledge that
there are persons in said building or edifice at the time it
is set on fire and regardless also of whether the building
is actually inhabited or not;
DESTRUCTIVE ARSON
R.A. NO. 7659)
A. Burning of:
iii. Any train or locomotive, ship or vessel, airship or

airplane, devoted to transportation or conveyance, or
for public use, entertainment or leisure;
iv. Any building, factory, warehouse installation and any

appurtenances thereto, which are devoted to the
service of public utilities;
v. Any building the burning of which is for the purpose

of concealing or destroying evidence of another
violation of law, or for the purpose of concealing
bankruptcy or defrauding creditors or to collect from
insurance.
DESTRUCTIVE ARSON
R.A. NO. 7659)
B. There is also Destructive Arson:
i. When the arson is committed by 2 or more persons,

regardless of whether their purpose is merely to burn
or destroy the building or the burning merely
constitutes an overt act in the commission of another
violation of the law
ii. When any person shall burn:

1. Any arsenal, shipyard, storehouse or military
powder or fireworks factory, ordinance, storehouse,
archives or general museum of the Government
2. In an inhabited place, any storehouse or factory of
inflammable or explosive materials
OTHER CASES OF ARSON
Burning of:
a. Any building used as offices of the Government or

any of its agencies;
b. Any inhabited house or dwelling;
c. Any industrial establishment, shipyard, oil, well or
mine shaft, platform or tunnel;
d. Any plantation, farm, pasture land, growing crop or
grain field, orchard, bamboo grove or forest;
e. Any rice mill, sugar mill, cane mill, or mill central;
f. Any railway or bus station, airport, wharf, or
warehouse
SPECIAL AGGRAVATING CIRCUMSTANCE
OF ARSON (SECTION 4, P.D. NO. 1613)
a. If committed with intent to gain;

b. If committed for the benefit of another;
c. If the offender be motivated by spite or hatred
towards the owner or occupant of the property
burned; or
d. If committed by a syndicate – planned or carried
out by three or more persons
PRIMA FACIE EVIDENCE OF ARSON
There is prima facie evidence of arson in the following
instances, to wit:
a. If the fire started simultaneously in more than one part

of the building or establishment;
b. If substantial amount of flammable substances or

materials are stored within the building not of the
offender nor for the household;
instances, to wit:
c. If gasoline, kerosene, petroleum or other flammable or

combustible substances or materials soaked therewith
or containers thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to start a
fire, or ashes or traces of any of the foregoing are found
in the ruins or premises of the burned building or
property; and
d. If the building or property is insured for substantially

more than its actual value at the time of the issuance of
the policy
instances, to wit:
e. If during the lifetime of the corresponding fire insurance

more than two fires have occurred in the same or other
premises owned or under the control of the offender
and/or insured;
f. If shortly before the fire a substantial portion of the

effects insured and stored in a building or property had
been withdrawn from the premises except in the ordinary
course of business;
g. If a demand for money or other valuable consideration

was made before the fire in exchange for the desistance of
the offender or for the safety of the person or property of
the victim.
CONSPIRACY TO COMMIT ARSON
Conspiracy to commit arson is punishable by

prision mayor in its minimum period.
NO COMPLEX CRIME OF ARSON WITH

HOMICIDE
Section 5 of P.D. No. 1613 provides that, “if by reason or
on occasion of arson, death results, the penalty of
reclusion perpetua to death is imposed.”
Thus, homicide is absorbed.

NEW ANTI-CARNAPPING ACT
OF 2016
(R.A. NO. 10883)
REPEAL OF R.A. NO. 6539, ALSO KNOWN
AS THE “ANTI-CARNAPPING ACT OF 1972”
 R.A. No. 10883, otherwise known as the “New

Anti-Carnapping Act of 2016,” repealed R.A.
No. 6539, also known as the “Anti-Carnapping
Act of 1972.”
PUNISHABLE ACTS UNDER THE
PROVISIONS OF R.A. NO. 10883
1. Carnapping (Section 3, R.A. No. 10883)
 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.
 Any person charged with carnapping or when the crime

of carnapping is committed by criminal groups, gangs or
syndicates or by means of violence or intimidation of any
person or persons or forced upon things; or when the
owner, driver, passenger or occupant of the carnapped
vehicle is killed or raped in the course of the carnapping
shall be denied bail when the evidence of guilt is strong.
2. Concealment of Carnapping (Section 4, R.A. No.
10883)
 Any public official or employee who directly commits the

unlawful acts defined in R.A. No. 10883 or is guilty of
gross negligence of duty or connives with or permits the
commission of any of the said unlawful acts shall, in
addition to the penalty prescribed for this offense, be
dismissed from the service, and his/her benefits forfeited
and shall be permanently disqualified from holding
public office.
3. Failure to Register Motor Vehicle (Section 6, R.A.
No. 10883)
 Motor vehicle refers to any vehicle propelled by any

power other than muscular power using the public
highways, except road rollers, trolley cars, street
sweepers, sprinklers, lawn mowers, bulldozers, graders,
forklifts, 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 a separate motor vehicle
with no power rating (Section 2[e], R.A. No. 10883).
3. Failure to Register Motor Vehicle (Section 6, R.A.
No. 10883)
 All motor vehicle engines, engine blocks and chassis not

registered with the LTO shall be considered as a
carnapped vehicle, an untaxed importation or coming
from illegal source and shall be confiscated in favor of the
government (Sections 6 and 8, R.A. No. 10883).
4. Willfully encoding in the registry of motor vehicles a non-
existing vehicle or without history, new identity of
already existing vehicle or double/multiple registration
(“KAMBAL”) of vehicle (Section 7, R.A. No. 10883);
5. Defacing or Tampering with Serial Numbers of Motor

Vehicle Engines, Engine Blocks and Chassis (Section 14,
R.A. No. 10883)
 Defacing or tampering with a serial number refers to the
altering, changing, erasing, replacing or scratching of the
original factory inscribed serial number on the motor vehicle
engine, engine block or chassis of any motor vehicle. Whenever
any motor vehicle is found to have a serial number on its engine,
engine block or chassis which is different from that which is
listed in the records of the Bureau of Customs for motor vehicle
imported into the Philippines, that motor vehicle shall be
considered to have a defaced or tampered serial number.
6. Identity Transfer (Section 15, R.A. No. 10883)
 Identity transfer refers to the act of transferring the
engine number, chassis number, body tag number, plate
number, and any other identifying marks of a motor
vehicle declared as “total wreck” or is beyond economic
repair by concerned car insurance companies and/or law
enforcement agencies after its involvement in a vehicular
accident or other incident and registers the same into
another factory-made body or vehicle unit, of the same
classification, type, make or model (Section 2[d], R.A. No.
10883).
7. Unlawful transfer or use of vehicle plates (Section

16, in relation to Section 2[d], R.A. No. 10883).
8. Sale of Second Hand Spare Parts (Section 17, R.A.
No. 10883)
 Second hand spare parts refer to the parts taken from

a carnapped vehicle used in assembling another vehicle
(Section 2[i], R.A. NO. 10883).
DUTY OF COLLECTOR OF CUSTOMS TO
REPORT (SECTION 9, R.A. NO. 10883)
 Within seven (7) days after the arrival of an imported
vehicle, motor vehicle engine, engine block, chassis or
body, the Collector of Customs of a principal port of
entry where the imported vehicle or parts enumerated
above are unloaded shall report the shipment to the
LTO, specifying the make, type and serial numbers, if
any, of the motor vehicle, motor vehicle engine, engine
block, chassis or body, and stating the names and
addresses of the owner or consignee thereof.
 If the motor vehicle, motor vehicle engine, engine

block, chassis or body does not bear any serial number,
the Collector of Customs concerned shall hold the
motor vehicle, motor vehicle engine, engine block,
chassis or body until it is numbered by the
LTO: Provided, That a PNP clearance shall be required
prior to engraving the engine or chassis number.
DUTY OF IMPORTERS, DISTRIBUTORS AND SELLERS OF
MOTOR VEHICLES TO KEEP RECORD OF STOCKS
(SECTION 10, R.A. NO. 10883)
 Any person engaged in the importation,

distribution, and buying and selling of motor
vehicles, motor vehicle engines, engine blocks,
chassis or body shall keep a permanent record of
one’s stocks, stating therein their type, make and
serial numbers, and the names and addresses of
the persons from whom they were acquired and
the names and addresses of the persons to whom
they are sold, and shall render accurately a
monthly report of his/her transactions in motor
vehicles to the LTO.
DUTY OF MANUFACTURERS OF ENGINE BLOCKS,
CHASSIS OR BODY TO CAUSE THE NUMBERING OF
ENGINE BLOCKS, CHASSIS OR BODY MANUFACTURED
(SECTION 11, R.A. NO. 10883)
 Any person engaged in the manufacture of engine

blocks, chassis or body shall cause the numbering
of every engine block, chassis or body
manufactured in a convenient and conspicuous
part thereof which the LTO may direct for the
purpose of uniformity and identification of the
factory and shall submit to the LTO a monthly
report of the manufacture and sale of engine
blocks, chassis or body.
CLEARANCE AND PERMIT REQUIRED FOR ASSEMBLY
OR REBUILDING OF MOTOR VEHICLES
(SECTION 12, R.A. NO. 10883)
 Any person who shall undertake to assemble or rebuild

or cause the assembly or rebuilding of a motor vehicle
shall first secure a certificate of clearance from the
PNP: Provided, That no such permit shall be issued
unless the applicant shall present a statement under
oath containing the type, make and serial numbers of
the engine, chassis and body, if any, and the complete
list of the spare parts of the motor vehicle to be
assembled or rebuilt together with the names and
addresses of the sources thereof.
 In the case of motor vehicle engines to be mounted on

motor boats, motor bancas, water crafts and other light
water vessels, the applicant shall secure a permit from
the PNP, which office shall in turn furnish the LTO
pertinent data concerning the motor vehicle engines
including their type, make and serial numbers.
CLEARANCE REQUIRED FOR SHIPMENT OF MOTOR
VEHICLES, MOTOR VEHICLE ENGINES, ENGINE
BLOCKS, CHASSIS OR BODY
(SECTION 13, R.A. NO. 10883)
 The Philippine Ports Authority (PPA) shall submit a

report to the PNP within seven (7) days upon boarding
all motor vehicles being boarded the “RORO”, ferry,
boat, vessel or ship for interisland and international
shipment.
 The PPA shall not allow the loading of motor vehicles

in all interisland and international shipping vessels
without a motor vehicle clearance from the PNP,
except cargo trucks and other trucks carrying goods,
Land Transportation Franchising and Regulatory
Board (LTFRB)-accredited public utility vehicles (PUV)
and other motor vehicles carrying foodstuff and dry
goods.
FOREIGN NATIONALS (SECTION 20, RA 10883)
 Foreign nationals convicted under the provisions

of R.A. No. 10883 shall be deported immediately
after service of sentence without further
proceedings by the Bureau of Immigration.
REWARD (SECTION 19, R.A. NO. 10883)
 Any person who voluntarily gives information

leading to the recovery of carnapped vehicles and
for the apprehension of the persons charged with
carnapping shall be given monetary reward as
the PNP may determine.
 The PNP shall include in their annual budget the

amount necessary to carry out the purposes of
Section 19, R.A. No. 10883.
 Any information given by informers shall be

treated as confidential matter.
ANTI-CHILD ABUSE LAW
(R.A. NO. 7610, AS AMENDED)
CHILD ABUSE
(SECTION 3[B], R.A. NO. 7610)
It is the maltreatment, whether habitual or not, of the
child, which includes any of the following:
1. Psychological and physical abuse, neglect, cruelty,

sexual abuse and emotional maltreatment;
2. Any act by deeds or words which debases, degrades
or demeans 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 in his permanent
incapacity or death.
Note:
Child abuse is committed, not slight/serious

physical injuries as defined and punished under
Art. 266 of the Revised Penal Code, if the victim is
a child (Sanchez v. People, G.R. No. 179090, 5 June
2009)
ACTS PUNISHABLE
1. Child Prostitution (Section 5, R.A. No. 7610);
2. Attempt to commit child prostitution (Section 6, R.A. No.

7610);
3. Child trafficking (Section 7, R.A. No. 7610);
4. Attempt to commit child trafficking (Section 8, R.A. No.

7610);
5. Engagement of children in the worst forms of child labor

(Section 12-D, R.A. No. 7610); and
6. Engagement of children in obscene publications (Section

9, R.A. No. 7610);
ACTS PUNISHABLE
7. Other acts of neglect, abuse, cruelty or exploitation
and other conditions prejudicial to the child’s
development (Section 10, R.A. No. 7610);
8. 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
(Section 14, R.A. No. 7610); and
9. Discrimination of children of indigenous cultural

communities (Section 20, R.A. No. 7610).
ANTI-CHILD PORNOGRAPHY
ACT OF 2009
(R.A. NO. 9775)
CHILD PORNOGRAPHY
(SECTION 3[B], R.A. NO. 9775)
It is any public or private representation, by
whatever means, of a child engaged in real or
simulated explicit sexual activities or any
representation of the sexual parts of a child for
primarily sexual purposes.
UNLAWFUL OR PROHIBITED ACTS
(SECTION 4, R.A. NO. 9775)
It shall be unlawful for any person:
a. To hire, employ, use, persuade, induce or coerce

a child to perform in the creation or production
of any form of child pornography;
b. To produce, direct, manufacture or create any

form of child pornography;
c. To publish offer, transmit, sell, distribute,

broadcast, advertise, promote, export or import
any form of child pornography;
d. To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast:
Provided. That possession of three (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;
e. 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;
f. For film distributors, theaters and telecommunication

companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
g. 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;
h. To engage in the luring or grooming of a child;
i. To engage in pandering of any form of child

pornography;
j. To willfully access any form of child

pornography;
k. 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 two (2) or more persons come to an
agreement concerning the commission of any of
the said prohibited acts and decide to commit it;
and
l. To possess any form of child pornography.

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.
ANTI-FENCING LAW
(P.D. NO. 1612)
FENCING
(SECTION 2[A], P.D. NO. 1612)
Fencing is an act of any person who, with intent to
gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or
shall buy and sell, or in any other manner deal in
any article, item, object or anything of value which
he knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery
and theft.
PRESUMPTION OF FENCING
Mere possession of any goods, article, item, object
or anything of value which has been the subject of
robbery or thievery shall be prima facie evidence of
fencing.
ANTI-GRAFT AND CORRUPT
PRACTICES ACT
CORRUPT PRACTICES OF PUBLIC OFFICERS
In addition to acts or omissions of public officers
already penalized by existing law, the following
shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:
1. Persuading, inducing or influencing another

public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties of
the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation
or offense (Section 3[a], R.A. No. 3019, as
amended);
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 part, wherein the public
officer in his official capacity has to intervene under
the law (Section 3[b], R.A. No. 3019, as amended);
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, without prejudice to
Section thirteen of R.A. No. 3019, as amended
(Section 3[c], R.A. No. 3019, as amended);
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 (Section 3[d], R.A. No.
3019, as amended);
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. This provision
shall apply to officers and employees of offices or
government corporations charged with the grant of
licenses or permits or other concessions (Section 3[e],
R.A. No. 3019, as amended);
Elements of Section 3(e), R.A. No. 3019, as amended:
a) the accused must be a public officer discharging

administrative, judicial or official functions;
b) he must have acted with manifest partiality,
evident bad faith or gross inexcusable negligence;
and
c) his action caused any undue injury to any party,
including the government, or gave any private
party unwarranted benefits, advantage or
preference in the discharge of his functions (SP01
Lihaylihay v. People of the Philippines, G.R. No. 191219, 31
July 2013)
6. Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter pending
before him for the purpose of obtaining, directly
or indirectly, from any person interested in the
matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor
of or discriminating against any other
interested party (Section 3[f], R.A. No. 3019, as
amended);
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
(Section 3[g], R.A. No. 3019, as amended);
8. Directly or indirectly having financing or

pecuniary interest in any business, contract or
transaction in connection with which he
intervenes or takes part in his official capacity,
or in which he is prohibited by the Constitution
or by any law from having any interest (Section
3[h], R.A. No. 3019, as amended);
9. Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a board,
panel or group of which he is a member, and which
exercises discretion in such approval, even if he
votes against the same or does not participate in the
action of the board, committee, panel or group
(Section 3[i], R.A. No. 3019, as amended).
 Interest for personal gain shall be presumed against

those public officers 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 any
person not qualified for or not legally entitled to
such license, permit, privilege or advantage, or
of a mere representative or dummy of one who
is not so qualified or entitled (Section 3[j], R.A.
No. 3019, as amended);
11. Divulging valuable information of a confidential

character, acquired by his office or by him on
account of his official position to unauthorized
persons, or releasing such information in
advance of its authorized release date (Section
3[k], R.A. No. 3019, as amended).
PROHIBITION ON PRIVATE INDIVIDUALS
a. It shall be unlawful for any person having family or
close personal relation with any public official to
capitalize or exploit or take advantage of such
family or close personal relation by directly or
indirectly requesting or receiving any present, gift
or material or pecuniary advantage from any other
person having some business, transaction,
application, request or contract with the
government, in which such public official has to
intervene (Section 4[a], R.A. No. 3019, as amended).
 Family relation shall include the spouse or relatives by

consanguinity or affinity in the third civil degree. The
word "close personal relation" shall include close
personal friendship, social and fraternal connections,
and professional employment all giving rise to intimacy
which assures free access to such public officer.
PROHIBITION ON PRIVATE INDIVIDUALS
b. It shall be unlawful for any person knowingly

to induce or cause any public official to commit
any of the offenses defined in Section 3 of R.A.
No. 3019 (Section 4[b], R.A. No. 3019, as
amended).
PROHIBITION ON CERTAIN RELATIVES
It shall be unlawful for the spouse or for any relative, by
consanguinity or affinity, within the third civil degree, of the
President of the Philippines, the Vice-President of the
Philippines, the President of the Senate, or the Speaker of the
House of Representatives, to intervene, directly or indirectly, in
any business, transaction, contract or application with the
Government
 This shall not apply to 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, nor to any
transaction, contract or application already existing or
pending at the time of such assumption of public office, nor
to 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, nor to any act lawfully performed in an official
capacity or in the exercise of a profession.
PROHIBITION ON MEMBERS OF CONGRESS
It shall be unlawful for any Member of the Congress
during the term for which he has been elected, to acquire
or receive any personal pecuniary interest in any specific
business enterprise which will be directly and
particularly favored or benefited by any law or resolution
authored by him previously approved or adopted by the
Congress during the same term.
 This prohibition shall apply to any other public officer

who recommended the initiation in Congress of the
enactment or adoption of any law or resolution, and
acquires or receives any such interest during his
incumbency.
PROHIBITION ON MEMBERS OF CONGRESS
It shall likewise be unlawful for such member of

Congress or other public officer, who, having such
interest prior to the approval of such law or
resolution authored or recommended by him,
continues for thirty (30) days after such approval to
retain such interest.
EXCEPTION
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 R.A. No. 3019, as amended.
TERMINATION OF OFFICE
No public officer shall be allowed to resign or retire
pending an investigation, criminal or
administrative, or pending a prosecution against
him, for any offense under R.A. No. 3019, as
amended, or under the provisions of the Revised
Penal Code on bribery.
ANTI-HAZING LAW
(R.A. NO. 8049)
HAZING
Hazing is 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 similar
tasks or activities or otherwise subjecting him to
physical or psychological suffering or injury.
(Sec. 1, R.A. No. 8049)
PERSONS LIABLE AND PUNISHABLE ACTS
1. Officers and members of the fraternity, sorority,
or organization who actually participated in the
infliction of physical harm shall be liable as
principals if the person subjected to hazing
suffers any physical injury or dies as a result
thereof; (Sec. 4, par.1, R.A. No. 8049)
2. Owner of the place where the hazing is

conducted shall be liable as an accomplice when
he has knowledge of the hazing conducted
therein but failed to take any action to prevent
the same from occurring; (Sec. 4, par.4, R.A. No.
8049)
3. Parents shall be liable as principals when they

have actual knowledge of the hazing conducted
in the home of one of the officers or members of
the fraternity, sorority or organization, but
failed to prevent the same; (Sec. 4, par.4, R.A.
No. 8049)
4. School authorities and faculty members shall be

liable as accomplices when they consent to the
hazing or have actual knowledge thereof, but
failed to take any action to prevent the same
from occurring; (Sec. 4, par.5, R.A. No. 8049)
5. Officers or members of the organization, group,
fraternity or sorority shall be liable as
principals if they actually planned the hazing or
have actual knowledge thereof, but failed to
take any action to prevent the same from
occurring; (Sec. 4, par.6, R.A. No. 8049)
6. Officers, former officers or alumni of the

organization, group, fraternity or sorority shall
be liable as principals if they knowingly
cooperated in carrying out the hazing by
inducing the victim to be present thereat; (Sec.
4, par.6, R.A. No. 8049)
7. The fraternity or sorority’s adviser shall be
liable as principal if he was present when the
acts constituting the hazing were committed
and failed to take any action to prevent the
same. (Sec. 4, par.6, R.A. No. 8049)
 The presence of any person (whether or not a
member of the fraternity/sorority) during the
hazing is prima facie evidence of participation
therein as a principal unless he prevented the
commission of prohibited acts. (Sec. 4, par.7, R.A.
No. 8049)
 The mitigating circumstance that there was no

intention to commit so grave a wrong shall not
apply. (Sec. 4, par.8, R.A. No. 8049)
ANTI-HIGHJACKING LAW
(R.A. NO. 6235)
PUNISHABLE ACTS
a. To compel a change in the course or destination of
an aircraft of Philippine registry, or to seize or
usurp the control thereof, while it is in flight; (Sec.
1, par. 1, R.A. No. 6235)
b. To compel an aircraft of foreign registry to land in

Philippine territory or to seize or usurp the control
thereof while it is within the said territory; (Sec. 1,
par. 2, R.A. No. 6235) and
c. To ship, load or carry in any passenger air-craft

operating as a public utility within the Philippines,
any explosive, flammable, corrosive or poisonous
substance or material. (Sec. 3, R.A. No. 6235)
ANTI-PIRACY AND ANTI-
HIGHWAY ROBBERY
(P.D. NO. 532)
PIRACY
It is an attack upon or seizure of any vessel or the
taking away of the whole or part thereof of 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. (Sec. 2 (d), P.D. No. 532)
PUNISHABLE ACTS
1. Piracy - Attacking or seizing any vessel while the

vessel is within Philippine waters; (Sec. 2 (d), P.D. No.
532)
2. Highway Robbery/Brigandage - Seizing or taking

away the whole or part of the vessel 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 while the vessel is in
Philippine waters; (Sec. 2 (e), P.D. No. 532)
PUNISHABLE ACTS
3. Aiding pirates or highway robbers/brigands

or abetting piracy or highway
robbery/brigandage -- Knowingly aiding or
protecting pirates, such as giving them information
about the movement of police or other peace officers
of the government, or by acquiring or receiving
property taken by the pirates or in any manner
derives any benefit therefrom. (Sec. 4, P.D. No. 532)
 Philippine Waters shall refer to all bodies of
water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the Islands
of the Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other
waters belonging to the Philippines by historic or
legal title, including territorial sea, the sea-bed, the
insular shelves, and other submarine areas over
which the Philippines has sovereignty or
jurisdiction. (Sec. 2 (a), P.D. No. 532)
 Vessel shall refer to any vessel or watercraft used

for transport of passengers and cargo from one place
to another through Philippine Waters. It shall
include all kinds and types of vessels or boats used
in fishing. (Sec. 2 (b), P.D. No. 532)
PIRACY UNDER RPC AND
PIRACY UNDER P.D. NO. 532, COMPARED
RPC P.D. 532

High seas;
Where Committed Philippine Waters Philippine Waters
Strangers
(persons other
than the
Persons who may
passenger or Any person
commit
member of the
complement of
the vessel)
ANTI-PLUNDER ACT
ILL-GOTTEN WEALTH
Ill-gotten wealth means any asset, property,
business enterprise or material possession of any
person within the purview of Section 2 of R.A. No.
7080 acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or
business associates by any combination or series of
the following means or similar schemes under
Section 1 (d) of R.A. No. 7080, as amended:
1. Through misappropriation, conversion, misuse,

or malversation of public funds or raids on the
public treasury; (Sec. 1(d)(1), R.A. No. 7080, as
amended)
SECTION 1 (D), R.A. NO. 7080, AS
AMENDED
2. By receiving, directly or indirectly, any commission,
gift, share, percentage, kickbacks or any other form
of pecuniary benefit 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; (Sec. 1(d)(2), R.A. No. 7080,
as amended)
3. By the illegal or fraudulent conveyance or

disposition of assets belonging to the National
Government or any of its subdivisions, agencies or
instrumentalities or government-owned or -
controlled corporations and their subsidiaries; (Sec.
1(d)(3), R.A. No. 7080, as amended)
AMENDED
4. By obtaining, receiving or accepting directly or

indirectly any shares of stock, equity or any
other form of interest or participation including
promise of future employment in any business
enterprise or undertaking; (Sec. 1(d)(4), R.A.
No. 7080, as amended)
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; (Sec. 1(d)(5), R.A. No. 7080, as
amended) or
AMENDED
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. (Sec. 1(d)(6), R.A. No. 7080, as
amended)
PERSONS LIABLE (SEC. 2, R.A. NO. 7080,
AS AMENDED)
a. any public officer who, by himself or in

connivance with members of his family,
relatives by affinity or consanguinity, business
associates, subordinates or other persons,
amasses, accumulates or acquires ill-
gotten wealth through a combination or
series of overt or criminal acts, in the
aggregate amount or total value of at least Fifty
million pesos (P50,000,000.00) .
PERSONS LIABLE (SEC. 2, R.A. NO. 7080,
AS AMENDED)
b. any person who participated with said public

officer in the commission of plunder shall be
punished by life imprisonment with perpetual
absolute disqualification from holding any
public office.
 For purposes of establishing the crime of plunder,
it shall not be necessary to prove each and every
criminal act done by the accused in furtherance
of the scheme or conspiracy to amass, accumulate
or acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of
overt or criminal acts indicative of the
overall unlawful scheme or conspiracy. (Sec.
4, R.A. No. 7080, as amended)
PRESCRIPTION
The crime punishable under R.A. No. 7080 shall
prescribe in twenty (20) years. However, the right
of the State to recover properties unlawfully
acquired by public officers from them or from their
nominees or transferees shall not be barred by
prescription, laches, or estoppel. (Sec. 6, R.A.
No. 7080, as amended)
ANTI-SEXUAL HARASSMENT ACT
(R.A. NO. 7877)
WORK, EDUCATION OR TRAINING -RELATED,
SEXUAL HARASSMENT, DEFINED. (SEC. 3, R.A.
NO. 7877)
Work, education or training-related sexual
harassment is committed by an employer,
employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority,
influence or moral ascendancy over another in a
work or training or education environment,
demands, requests or otherwise requires any
sexual favor from the other, regardless of whether
the demand, request or requirement for submission
is accepted by the other.
In a work-related or employment environment,
sexual harassment is committed when:
1. The sexual favor is made as a condition in the hiring or

in the employment, re-employment or continued
employment of said individual, or in granting said
individual favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to grant the
sexual favor results in limiting, segregating or
classifying the employee which in any way would
discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said
employee (Sec. 3(a)(1), R.A. No. 7877);
2. The above acts would impair the employee's rights or

privileges under existing labor laws (Sec. 3(a)(2), R.A.
No. 7877); or
3. The above acts would result in an intimidating, hostile,

or offensive environment for the employee (Sec. 3(a)(3),
R.A. No. 7877).
In an education or training environment, sexual
harassment is committed:
1. Against one who is under the care, custody or

supervision of the offender; (Sec. 3(b)(1), R.A. No. 7877)
2. Against one whose education, training, apprenticeship

or tutorship is entrusted to the offender; (Sec. 3(b)(2),
R.A. No. 7877)
3. When the sexual favor is made a condition to the giving

of a passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or
other benefits, privileges, or consideration; (Sec.
3(b)(3), R.A. No. 7877) or
4. When the sexual advances result in an intimidating,

hostile or offensive environment for the student,
trainee or apprentice. (Sec. 3(b)(4), R.A. No. 7877)
 Any person who directs or induces another to
commit any act of sexual harassment, or who
cooperates in the commission thereof by another
without which it would not have been committed,
shall also be held liable. (Sec. 3, par. 4, R.A. No.
7877)
LIABILITY OF THE EMPLOYER, HEAD OF
OFFICE, EDUCATIONAL OR TRAINING
INSTITUTION
The employer or head of office, educational or

training institution shall be solidarily liable for
damages arising from the acts of sexual
harassment committed in the employment,
education or training environment if the employer
or head of office, educational or training institution
is informed of such acts by the offended party and
no immediate action is taken. (Sec. 5, R.A. No.
7877)
ANTI-TORTURE ACT OF 2009
(R.A. NO. 9745)
TORTURE (SECTION 3 (A), R.A. NO. 9745)
An act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person
for such purposes as obtaining from him/her or a
third person information or a confession;
punishing him/her for an act he/she or a third
person has committed or is suspected of having
committed; or intimidating or coercing him/her or
a third person; or for any reason based on
discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of a
person in authority or agent of a person in
authority. It does not include pain or buffering arising
only from, inherent in or incidental to lawful sanctions.
ACTS PUNISHABLE
Acts of Torture which shall include, but not limited to
the following (Sec. 4, R.A. No. 9745):
 Physical Torture- a form of treatment or

punishment inflicted by a person in authority or
agent of a person in authority upon another in his/her
custody that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the
body; (Sec. 4(a), R.A. No. 9745) and
 Mental or Psychological Torture- Acts committed

by a person in authority or agent of a person in
authority which are calculated to affect or confuse the
mind and/or undermine a person’s dignity and
morale. (Sec. 4(b), R.A. No. 9745)
APPLICABILITY (SEC. 6, R.A. NO. 9745)
Freedom from torture and other cruel, inhuman and
degrading treatment or punishment is an absolute
right.
Torture and other cruel, inhuman and degrading

treatment or punishment as criminal acts shall apply to
all circumstances.
A state of war or threat of war, internal political

instability, or any other public emergency, or a
document or any determination comprising an order of
battle shall not and can never be invoked as a
justification for torture and other cruel, inhuman and
degrading treatment or punishment.
PROHIBITED DETENTION
Secret detention places, solitary confinement,
incommunicado or other similar forms of detention,
where torture may be carried out with impunity
are prohibited. (Sec. 7, R.A. No. 9745)
WHO ARE CRIMINALLY LIABLE
 Any person who actually participated or induced

another in the commission of torture or other
cruel, inhuman and degrading treatment or
punishment or who cooperated in the execution of
the act of torture or other cruel, inhuman and
degrading treatment or punishment by previous
or simultaneous acts shall be liable as principal.
(Sec. 13, par. 1, R.A. No. 9745)
 Any superior military, police or law enforcement

officer or senior government official who issued
an order to any lower ranking personnel to
commit torture for whatever purpose shall be
held equally liable as principals. (Sec. 13, par. 2,
R.A. No. 9745)
The immediate commanding officer of the unit
concerned of the AFP or the immediate senior
public official of the PNP and other law enforcement
agencies shall be held liable as a principal to the
crime of torture or other cruel or inhuman and
degrading treatment or punishment for any act or
omission, or negligence committed by him/her that
shall have led, assisted, abetted or allowed, whether
directly or indirectly, the commission thereof by
his/her subordinates. (Sec. 13, par. 3, R.A. No. 9745)
If he/she has knowledge of or, owing to the
circumstances at the time, should have known that acts
of torture or other cruel, inhuman and degrading
treatment or punishment shall be committed, is being
committed, or has been committed by his/her
subordinates or by others within his/her area of
responsibility and, despite such knowledge, did not take
preventive or corrective action either before, during or
immediately after its commission, when he/she has the
authority to prevent or investigate allegations of torture
or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate
allegations of such act, whether deliberately or due to
negligence shall also be liable as principals. (Sec. 13,
par. 3, R.A. No. 9745)
Any public officer or employee shall be liable as an
accessory if he/she has knowledge that torture or
other cruel, inhuman and degrading treatment or
punishment is being committed and without having
participated therein, either as principal or
accomplice, takes part subsequent to its
commission in any of the following manner:
 By themselves profiting from or assisting the

offender to profit from the effects of the act of
torture or other cruel, inhuman and degrading
treatment or punishment; (Sec. 13, par. 4, R.A.
No. 9745)
 By concealing the act of torture or other cruel,
inhuman and degrading treatment or
punishment and/or destroying the effects or
instruments thereof in order to prevent its
discovery; or
 By harboring, concealing or assisting in the

escape of the principal/s in the act of torture or
other cruel, inhuman and degrading treatment
or punishment: Provided, That the accessory
acts are done with the abuse of the official's
public functions. (Sec. 13, par. 4, R.A. No.
9745)
APPLICABILITY OF THE EXCLUSIONARY
RULE
Any confession, admission or statement obtained as
a result of torture shall be inadmissible in evidence
in any proceedings.
Exception:
if the same is used as evidence against a person or
persons accused of committing torture. (Sec. 8, R.A.
No. 9745)
TORTURE AS A SEPARATE AND
INDEPENDENT CRIME
Torture as a crime shall not absorb or shall not be
absorbed by any other crime or felony committed as
a consequence, or as a means in the conduct or
commission thereof. In which case, torture shall
be treated as a separate and independent
criminal act whose penalties shall be
imposable without prejudice to any other
criminal liability provided for by domestic
and international laws. (Sec. 15, R.A. No. 9745)
EXCLUSION FROM THE COVERAGE OF
SPECIAL AMNESTY LAW
In order not to depreciate the crime of torture,

persons who have committed any act of torture
shall not benefit from any special amnesty law or
similar measures that will have the effect of
exempting them from any criminal proceedings
and sanctions. (Sec. 16, R.A. No. 9745)
APPLICABILITY OF REFOULER
No person shall be expelled, returned or extradited
to another State where there are substantial
grounds to believe that such person shall be in
danger of being subjected to torture. For the
purposes of determining whether such grounds
exist, the Secretary of the Department of Foreign
Affairs (DFA) and the Secretary of the DOJ, in
coordination with the Chairperson of the CHR,
shall take into account all relevant considerations
including, where applicable and not limited to, the
existence in the requesting State of a consistent
pattern of gross, flagrant or mass violations of
human rights. (Sec. 17, R.A. No. 9745)
APPLICABILITY OF THE REVISED PENAL
CODE
The provisions of the Revised Penal Code insofar as
they are applicable shall be suppletory to R.A. No.
9745. Moreover, if the commission of any crime
punishable under Title Eight (Crimes Against
Persons) and Title Nine (Crimes Against Personal
Liberty and Security) of the Revised Penal Code is
attended by any of the acts constituting torture and
other cruel, inhuman and degrading treatment or
punishment as defined herein, the penalty to be
imposed shall be in its maximum period. (Sec. 22,
R.A. No. 9745)
ANTI-TRAFFICKING IN PERSONS
ACT OF 2003
(R.A. NO. 9208)
TRAFFICKING IN PERSONS
It is the recruitment, transportation, transfer or
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 (Sec 3(a), R.A.
No. 9208).
ACTS OF TRAFFICKING IN PERSONS
It shall be unlawful for any person, natural or
judicial to commit any of the following acts:
1. To recruit, transport, transfer, harbor, provide

or receive a person by any means, including
those done under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery (Sec. 4(a), R.A. No. 9208);
2. To introduce or match for money, profit or material,
economic or other consideration, any person or, as
provided for under R.A. 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 (Sec. 4(b), R.A. No. 9208);
3. 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 (Sec.
4(c), R.A. No. 9208);
4. 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 Sec. 4(d), R.A.
No. 9208;
5. To maintain or hire a person to engage in

prostitution or pornography Sec. 4(e), R.A. No. 9208;
6. To adopt or facilitate the adoption of persons for the

purpose of prostitution, pornography sexual
exploitation, forced-labor, slavery, involuntary
servitude or debt-bondage Sec. 4(f), R.A. No. 9208;
7. To recruit, hire, adopt, transport 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 (Sec. 4(g), R.A. No. 9208); and
8. To recruit, transport or adopt a child to engage

in armed activities in the Philippines or abroad
(Sec. 4(h), R.A. No. 9208).
ACTS THAT PROMOTE TRAFFICKING IN
PERSONS
The following acts which promote or facilitate
trafficking in persons shall be unlawful:
1. To knowingly lease or sublease, use or allow to be

used any house, building or establishment for the
purpose of promoting trafficking in persons (Sec.
5(a), R.A. No. 9208);
2. To produce, print and issue or distribute unissued,

tampered or fake counseling certificates,
registration stickers and certificates of any
government agency which issues these certificates
and stickers as proof of compliance with government
regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons (Sec.
5(b), R.A. No. 9208);
PERSONS
3. To advertise, publish, print, broadcast or distribute,
or cause the advertisement, publication, printing,
broadcasting or distribution by any means,
including the sue of information technology and the
internet of any brochure, flyer or any propaganda
material that promotes trafficking in persons (Sec.
5(c), R.A. No. 9208);
4. To assist in the conduct of misrepresentation or

fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from
government agencies that are mandated to provide
pre-departure registration and services for
departing persons for the purpose of promoting
trafficking in persons (Sec. 5(d), R.A. No. 9208);
PERSONS
5. To facilitate, assist or help in the exist and entry of
persons from/to the country at international and
local airports, territorial boundaries and seaports
who are in possession of unissued, tampered or
fraudulent travel documents for the purpose of
promoting trafficking in persons (Sec. 5(e), R.A. No.
9208);
6. To confiscate, conceal or destroy the passport, travel

documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking
redress from the government or appropriate
agencies (Sec. 5(f), R.A. No. 9208); and
PERSONS
7. To knowingly benefit from, financial or
otherwise, or make use of, the labor or services
of a person held to a condition of involuntary
servitude, forced labor or slavery (Sec. 5(g), R.A.
No. 9208).
QUALIFIED TRAFFICKING IN PERSONS
1. When the trafficked person is a child (Sec. 6(a),
R.A. No. 9208);
2. When the adoption is effected through R.A. No.

8043, otherwise known as the “Inter-country
Adoption Act” and said adoption is for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage (Sec. 6(b), R.A. No.
9208);
3. When the crime is committed by a syndicate or

in large scale (Sec. 6(c), R.A. No. 9208);
4. When the offender is an ascendant, parent,
sibling, guardian or a person who exercises
authority over the trafficked persons or when
the offense is committed by a public officer or
employee (Sec. 6(d), R.A. No. 9208);
5. When the trafficked person is recruited to

engage in prostitution with any member of the
military or law enforcement agencies (Sec. 6(e),
R.A. No. 9208);
6. When the offender is a member of the military
or law enforcement agencies (Sec. 6(f), R.A. No.
9208); and
7. When by reason or on occasion of the act of

trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or
the Acquired Immune Deficiency Syndrome
(AIDS) (Sec. 6(g), R.A. No. 9208).
ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN
ACT
(R.A. NO. 9262)
ELEMENTS
1. The offender has or had a sexual or dating
relationship with the offended woman;
2. The offender, by himself or through another,

commits an act or series of acts of harassment
against the woman; and
3. The harassment alarms or causes substantial

emotional or psychological distress to her (Sec.
3(a), R.A. 9262; Ang v. Sagud, G.R. No. 182835,
20 April 2010)
A single act of harassment is enough to
commit an offense
Sec. 3(a) of R.A. No. 9262 punishes “any act or

series of acts” that constitutes violence against
women. This means that a single act of harassment
which translates into violence, would be enough.
The object of the law is to protect women and
children. Punishing only violence that is repeatedly
committed would license isolated ones (Ang v.
Sagud, supra)
It is not indispensable that the act of violence be a
consequence of the dating or sexual relationship
While it is required that the offender has or had a

sexual or dating relationship with the offended woman,
for R.A. 92622 to be applicable, it is not indispensable
that the act of violence be a consequence of such
relationship (Dabalos v. Quiambao, G.R. No. 193960, 7
January 2013).
Note: It is immaterial whether the relationship had

ceased for as long as there is sufficient evidence of such
relationship between the offender and the victim when
the physical harm was committed (Dabalos v.
Quiambao, supra).
Abuses through Conspiracy
While Sec. 3 of R.A. No. 9262 provides that the
offender be related or connected to the victim by
marriage, former marriage, or a sexual or dating
relationship, it does not preclude the application of
the principle of conspiracy under the Revised Penal
Code (Go-Tan v. Spouses Tan, G.R. No. 168852, 30
September 2008).
ACTS OF VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
1. Physical violence or acts that include bodily
or physical harm;
2. Economic abuse or acts that make or attempt

to make a woman financially dependent;
3. Psychological violence or acts or omissions

causing or likely to cause mental or emotional
suffering of the victim; and
4. Sexual violence or acts which are sexual in

nature (Sec 3(a), R.A. No. 9262).
PUNISHABLE ACTS
a. Causing physical harm to the woman or her
child (Sec. 5(a), R.A. No. 9262);
b. Threatening to cause the woman or her child

physical harm (Sec. 5(b), R.A. No. 9262);
c. Attempting to cause the woman or her child

physical harm (Sec. 5(c), R.A. No. 9262);
d. Placing the woman or her child in fear of

imminent physical harm (Sec. 5(d), R.A. No.
9262);
PUNISHABLE ACTS
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 (Sec. 5(e),
R.A. No. 9262):
PUNISHABLE ACTS
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 money or
properties, or solely controlling the conjugal or
common money, or properties (Sec. 5(e)(1-4), R.A.
No. 9262);
PUNISHABLE ACTS
f. Inflicting or threatening to inflict physical harm
on oneself for the purpose of controlling her
actions or decisions (Sec. 5(f), R.A. No. 9262);
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 (Sec. 5(g), R.A. No.
9262);
PUNISHABLE ACTS
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:
1) Stalking or following the woman or her child in public or

private places;
2) Peering in the window or lingering outside the residence
of the woman or her child;
3) Entering or remaining in the dwelling or on the property
of the woman or her child against her/his will;
4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her
child; and
5) Engaging in any form of harassment or violence (Sec.
5(h), R.A. No. 9262);
PUNISHABLE ACTS
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 (Sec. 5(i),
R.A. No. 9262).
BATTERED WOMAN SYNDROME
It is a scientifically defined pattern of psychological
and behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse scientifically defined pattern of psychological
and behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse (Sec. 3(c), R.A. No. 9262; People v. Genosa,
G.R. No. 135981, 15 January 2004).
BATTERED WOMAN SYNDROME
Battered woman syndrome is characterized by the so-
called cycle of violence which has three phases:
 Tension-building phase- minor battering occurs. It

could be verbal or slight physical abuse or another
form of hostile behavior
 Acute battering incident- characterized by
brutality, destructiveness and sometimes, death. The
battered woman deems this incident as
unpredictable, yet also inevitable
 Tranquil, loving (or at least nonviolent) phase-
the couple experience profound relief. The batterer
may show a tender and nurturing behavior towards
his partner. On the other hand, the battered woman
tries to convince herself that the battery will never
happen again (People v. Genosa, supra).
BOUNCING CHECKS LAW
(B.P. BLG. 22)
PUNISHABLE ACTS
A. Making or drawing and issuing a check knowing at
the time of issue that he does not have sufficient
funds (Sec. 1, B.P. 22).
Elements:
i. A person makes or draws and issues any check to
apply or account or for value;
ii. A person knows that at the time of issue he does
not have sufficient funds or credit with the drawee
bank for the payment of such check upon its
presentment; and
iii. The check is subsequently dishonored by the
drawee bank for insufficiency of funds or credit, or
would have been dishonored for the same reason
had not the drawer, without any valid reason,
ordered the bank to stop payment.
PUNISHABLE ACTS
B. Failing to keep sufficient funds to cover the full

amount of the check (Sec. 1, B.P. 22).
Elements:
i. A person has sufficient funds with the drawee
bank when he makes or draws and issues a
check;
ii. He fails to keep sufficient funds or to maintain
a credit to cover the full amount if presented
within a period of 90 days from the date of
appearing thereon; and
iii. The check is dishonored by the drawee bank.
REQUISITES FOR CRIMINAL LIABILITY
a. A person makes, draws or issues a check as
payment for account or for value;
b. That the check was dishonored by the bank due
to a lack of funds, insufficiency of funds or
account already closed;
c. The payee or holder of such check gives a
written notice of dishonor and demand for
payment;
d. That the maker, drawer or issuer, after
receiving such notice and demand refuses or
fails to pay the value of the check within five (5)
banking days (Campos v. People, G.R. No.
187401, 17 September 2014).
THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002
(R.A. NO. 9165)
PUNISHABLE ACTS
1. Importation of dangerous drugs and / or controlled
precursors and essential chemicals (Article II, Sec. 4,
R.A. No. 9165);
2. Sale, trading, administration, dispensation, delivery,

distribution and transportation of dangerous drugs
and / or controlled precursors and essential
chemicals (Article II, Sec. 5, R.A. No. 9165);
3. Maintenance of den, dive or resort where dangerous

drugs and / or controlled precursors and essential
chemicals are used or sold (Article II, Sec. 6, R.A.
No. 9165);
PUNISHABLE ACTS
4. Being employees of the den, dive or resort
(Article II, Sec. 7, R.A. No. 9165):
a. Any employee of a den, dive, or resort who is aware
of the nature of the place as such
b. Any person who, not being included in the
provisions of the next preceding paragraph, is aware
of the nature of the place as such and shall
knowingly visit the same
5. Manufacture of dangerous drugs and / or

controlled precursors and essential chemicals
(Article II, Sec. 8, R.A. No. 9165)
PUNISHABLE ACTS
6. Illegal diversion of any controlled precursor and
essential chemical (Article II, Sec. 9, R.A. No. 9165);
7. Manufacture or delivery of equipment, instrument,

apparatus, and other paraphernalia for dangerous
chemicals (Article II, Sec. 10), R.A. No. 9165;
8. Possession of dangerous drug (Article II, Sec. 11,

R.A. No. 9165);
9. Possession of equipment, instrument, apparatus and

other paraphernalia for dangerous drugs (Article II,
Sec. 12, R.A. No. 9165)
PUNISHABLE ACTS
10. Possession of dangerous drugs during parties, social
gatherings or meetings will merit maximum penalty
regardless of quantity and purity (Article II, Sec. 13, R.A.
No. 9165);
11. Possession of equipment, instrument, apparatus for

dangerous drugs during parties, social gatherings, or
meetings merit maximum penalty (Article II, Sec. 14, R.A.
No. 9165);
12. Use of dangerous drugs (Article II, Sec. 15, R.A. No.
9165);
Note: This section will not apply where the person

tested positive is also found to have in his possession
dangerous drugs; section on "possession of dangerous drugs"
will apply)
PUNISHABLE ACTS
13. Cultivation or culture of plants classified as
dangerous drugs (Article II, Sec. 16, R.A. No. 9165);
14. Maintenance and keeping of original records of

transactions on dangerous drugs and / or controlled
precursors and essential chemicals (Article II, Sec.
17, R.A. No. 9165);
15. Unnecessary prescription of dangerous drugs

(Article II, Sec. 18, R.A. No. 9165); and
16. Unlawful prescription of dangerous drugs (Article II,

Sec. 19, R.A. No. 9165).
ATTEMPT OR CONSPIRACY
(ART. II, SEC. 26, R.A. NO. 9165)
Any attempt or conspiracy to commit the following shall
be punishable:
a. Importation of dangerous drugs and / or controlled

precursors and essential chemicals;
b. Sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs and /
or controlled precursors and essential chemicals;
c. Maintenance of den, dive or resort where dangerous
chemicals are used or sold;
d. Manufacture of dangerous drugs and / or controlled
precursors and essential chemicals;
e. Cultivation or culture of plants classified as dangerous
drugs.
SALIENT FEATURES
 Plea-Bargaining Provision - A person charged
under R.A. No. 9165 shall not be allowed to avail of
the provision on plea-bargaining (Article II, Sec.
23, R.A. No. 9165) .
 Non-Applicability of the Probation Law - A

person convicted of drug trafficking or pushing
cannot avail of the privilege granted by the
Probation Law (Article II, Sec. 24, R.A. No. 9165).
 Qualifying Aggravating Circumstances - A

positive finding for the use of dangerous drugs
shall be a qualifying aggravating circumstance in
the commission of a crime by an offender (Article
II, Sec. 25, R.A. No. 9165).
SALIENT FEATURES
 Rules on Possession and Use of Dangerous Drugs
(Sections 11 and 15 of R.A. No. 9165):
 If the person apprehended or arrested is found to be
positive for use of any dangerous drug, he shall be
imposed a penalty of a minimum of six (6) months
rehabilitation in a government center for the first
offense (Section 15, R.A. No. 9165).;
 If he is apprehended using any dangerous drug for the

second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day
to twelve (12) years and a fine ranging from Fifty
thousand pesos (P50,000.00) to Two hundred thousand
pesos (P200,000.00) (Section 15, R.A. No. 9165).;
 If he is found to have in his/her possession such quantity

of dangerous drugs provided for under Section 11, R.A. No.
9165, he shall be punished for possession only (Section
15, in relation to Section 11, R.A. No. 9165).
SALIENT FEATURES
 Limited Applicability of the Revised Penal Code;
Applicability of the Indeterminate Sentence Law -
 Notwithstanding any law, rule or regulation to the

contrary, the provisions of the Revised Penal Code shall
not apply to the provisions of R.A. No. 9165 except in the
case of minor offenders (Article II, Sec. 98, R.A. No. 9165).
 Where the offender is a minor, the penalty for acts

punishable by life imprisonment to death provided in R.A.
No. 9165 shall be reclusion perpetua to death (Article II,
Sec. 98, R.A. No. 9165).
 If the offense is punished by a special law (e.g. R.A. No.

9165), the court shall sentence the accused to an
indeterminate sentence, the maximum term of which shall
not exceed the maximum fixed by said law and the
minimum shall not be less than the minimum term
prescribed by the same (Section 1, Indeterminate Sentence
Law).
SALIENT FEATURES
 Limited Applicability of the Revised Penal Code;
Applicability of the Indeterminate Sentence Law -
 People v. Mantalaba (G.R. No. 186227, 20 July 2011)

The privileged mitigating circumstance of minority can
now be appreciated in fixing the penalty that should be
imposed. Applying the rules, the proper penalty should be one degree
lower than reclusion perpetua, which is reclusion temporal, the
privileged mitigating circumstance of minority having been
appreciated. Necessarily, also applying the Indeterminate Sentence
Law (ISLAW), the minimum penalty should be taken from the
penalty next lower in degree which is prision mayor and the
maximum penalty shall be taken from the medium period of reclusion
temporal, there being no other mitigating circumstance nor
aggravating circumstance. The ISLAW is applicable in the present
case because the penalty which has been originally an indivisible
penalty (reclusion perpetua to death), where ISLAW is inapplicable,
became a divisible penalty (reclusion temporal) by virtue of the
presence of the privileged mitigating circumstance of
minority. Therefore, a penalty of six (6) years and one (1) day of
prision mayor, as minimum, and fourteen (14) years, eight (8) months
and one (1) day of reclusion temporal, as maximum, would be the
proper imposable penalty.
SALIENT FEATURES
 Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation - A
drug dependent or any person who violates Section
15 of R.A. No. 9165 may, by himself/herself or
through his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity,
apply to the Board or its duly recognized
representative, for treatment and rehabilitation of
the drug dependency (Section 54, R.A. No. 9165).
 Upon such application, the Board shall bring forth

the matter to the Court which shall order that the
applicant be examined for drug dependency
(Section 54, R.A. No. 9165).
SALIENT FEATURES
Confinement, Treatment and Rehabilitation -
 If the examination by a DOH-accredited physician

results in the issuance of a certification that the
applicant is a drug dependent, he/she shall be
ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board
for a period of not less than six (6) months: Provided,
That a drug dependent may be placed under the care
of a DOH-accredited physician where there is no
Center near or accessible to the residence of the drug
dependent or where said drug dependent is below
eighteen (18) years of age and is a first-time offender
and non-confinement in a Center will not pose a
serious danger to his/her family or the community
(Section 54, R.A. No. 9165).
SALIENT FEATURES

Confinement, Treatment and Rehabilitation -
 Confinement in a Center for treatment and

rehabilitation shall not exceed one (1) year, after
which time the Court, as well as the Board, shall be
apprised by the head of the treatment and
rehabilitation center of the status of said drug
dependent and determine whether further
confinement will be for the welfare of the drug
dependent and his/her family or the community
(Section 54, R.A. No. 9165).
SALIENT FEATURES
 Exemption from the Criminal Liability Under the
Voluntary Submission Program - A drug dependent
under the voluntary submission program, who is finally
discharged from confinement, shall be exempt from the
criminal liability under Section 15 of R.A. No. 9165
subject to the following conditions:
1. He/she has complied with the rules and regulations of

the center, the applicable rules and regulations of the
Board, including the after-care and follow-up program
for at least eighteen (18) months following temporary
discharge from confinement in the Center or, in the
case of a dependent placed under the care of the DOH-
accredited physician, the after-care program and follow-
up schedule formulated by the DSWD and approved by
the Board: Provided, That capability-building of local
government social workers shall be undertaken by the
DSWD (Section 55, R.A. 9165);
SALIENT FEATURES
 Exemption from the Criminal Liability Under the
Voluntary Submission Program – conditions:
2. He/she has never been charged or convicted of any

offense punishable under R.A. No. 9165, the Dangerous
Drugs Act of 1972 or Republic Act No. 6425, as
amended; the Revised Penal Code, as amended; or any
special penal laws (Section 55, R.A. No. 9165);
3. He/she has no record of escape from a Center: Provided,

That had he/she escaped, he/she surrendered by
himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of
consanguinity or affinity, within one (1) week from the
date of the said escape (Section 55, R.A. No. 9165); and
4. He/she poses no serious danger to himself/herself,

his/her family or the community by his/her exemption
from criminal liability (Section 55, R.A. No. 9165).
SALIENT FEATURES
 Filing of Charges Against a Drug Dependent

Who is Not Rehabilitated Under the
Voluntary Submission Program –
• A drug dependent, who is not rehabilitated after

the second commitment to the Center under the
voluntary submission program, shall, upon
recommendation of the Board, be charged for
violation of Section 15 of R.A. No. 9165 and
prosecuted like any other offender. If convicted,
he/she shall be credited for the period of
confinement and rehabilitation in the Center in
the service of his/her sentence (Section 58, R.A. No.
9165).
SALIENT FEATURES
 Compulsory Confinement of a Drug
Dependent Who Refuses to Apply Under the
Voluntary Submission Program –
 Notwithstanding any law, rule and regulation to

the contrary, any person determined and found to
be dependent on dangerous drugs shall, upon
petition by the Board or any of its authorized
representative, be confined for treatment and
rehabilitation in any Center duly designated or
accredited for the purpose (Section 61, R.A. 9165).
• A petition for the confinement of a person alleged

to be dependent on dangerous drugs to a Center
may be filed by any person authorized by the
Board with the Regional Trial Court of the
province or city where such person is found
(Section 61, R.A. 9165).
SALIENT FEATURES
o Compulsory Confinement of a Drug
Dependent Who Refuses to Apply Under the
Voluntary Submission Program -
• After the petition is filed, the court, by an order,

shall immediately fix a date for the hearing, and a
copy of such order shall be served on the person
alleged to be dependent on dangerous drugs, and to
the one having charge of him (Section 61, R.A.
9165).
SALIENT FEATURES
o Compulsory Confinement of a Drug Dependent
Who Refuses to Apply Under the Voluntary
Submission Program -
• If after such hearing and the facts so warrant, the court
shall order the drug dependent to be examined by two (2)
physicians accredited by the Board. If both physicians
conclude that the respondent is not a drug dependent, the
court shall order his/her discharge. If either physician finds
him to be a dependent, the court shall conduct a hearing
and consider all relevant evidence which may be offered. If
the court finds him a drug dependent, it shall issue an
order for his/her commitment to a treatment and
rehabilitation center under the supervision of the DOH. In
any event, the order of discharge or order of confinement or
commitment shall be issued not later than fifteen (15) days
from the filing of the appropriate petition (Section 61, R.A.
9165).
SALIENT FEATURES
 Compulsory Submission of a Drug

Dependent Charged with an Offense to
Treatment and Rehabilitation –
• If a person charged with an offense where the

imposable penalty is imprisonment of less than six
(6) years and one (1) day, and is found by the
prosecutor or by the court, at any stage of the
proceedings, to be a drug dependent, the prosecutor
or the court as the case may be, shall suspend all
further proceedings and transmit copies of the record
of the case to the Board. (Section 62, R.A. 9165).
SALIENT FEATURES
 Compulsory Submission of a Drug Dependent
Charged with an Offense to Treatment and
Rehabilitation –
 In the event the Board determines, after medical

examination, that public interest requires that such
drug dependent be committed to a center for treatment
and rehabilitation, it shall file a petition for his/her
commitment with the regional trial court of the
province or city where he/she is being investigated or
tried (Section 62, R.A. 9165).
SALIENT FEATURES
Rehabilitation –
 Where a criminal case is pending in court, such petition

shall be filed in the said court. The court shall take
judicial notice of the prior proceedings in the case and
shall proceed to hear the petition. If the court finds him
to be a drug dependent, it shall order his/her
commitment to a Center for treatment and
rehabilitation. The head of said Center shall submit to
the court every four (4) months, or as often as the court
may require, a written report on the progress of the
treatment. If the dependent is rehabilitated, as certified
by the center and the Board, he/she shall be returned to
the court, which committed him, for his/her discharge
therefrom (Section 62, R.A. 9165).
SALIENT FEATURES
Rehabilitation –
 Thereafter, the prosecution for any offense punishable

by law shall be instituted or shall continue, as the case
may be. In case of conviction, the judgment shall, if the
accused is certified by the treatment and rehabilitation
center to have maintained good behavior, indicate that
he/she shall be given full credit for the period he/she
was confined in the Center: Provided, however, That
when the offense is for violation of Section 15 of R.A.
No. 9165 and the accused is not a recidivist, the penalty
thereof shall be deemed to have been served in the
Center upon his/her release therefrom after
certification by the Center and the Board that he/she is
rehabilitated (Section 62, R.A. 9165).
ILLEGAL POSSESSION OF
FIREARMS
(P.D. NO. 1866, AS AMENDED BY R.A.
NO. 8294 AND R.A. NO. 10591)
PUNISHABLE ACTS
1. Unlawful acquisition or possession of firearms
and ammunition (Sec. 28, R.A. No. 10591);
Aggravating Circumstances:
a. Loaded with ammunition or inserted with a loaded
magazine;
b. Fitted or mounted with laser or any gadget used to
guide the shooter to hit the target such as thermal
weapon sight and the like;
c. Fitted or mounted with sniper scopes, firearm
muffler or firearm silencer;
d. Accompanied with an extra barrel;
e. Converted to be capable of firing full automatic
bursts.
PUNISHABLE ACTS
2. Use of Loose of Firearm in the commission of a
crime – considered as an aggravating
circumstance (Sec. 29, R.A. No. 10591);
3. Carriage of registered firearm outside of

residence by a license person without any legal
authority therefor (Sec. 31, R.A. No. 10591);
4. Unlawful Manufacture, sale, importation,

acquisition, disposition or possession of firearms
or ammunition or instruments (Sec. 32(a), R.A.
No. 10591);
PUNISHABLE ACTS
6. Unlawful taking, sale or disposition by any
laborer, worker or employee of a licensed
firearms dealer of parts of firearms or
ammunition which the company manufactures
and sells, and other materials used by the
company in the manufacture or sale of firearms
or ammunition (Sec. 32(b), R.A. No. 10591);
6. Arms smuggling (Sec. 33, R.A. No. 10591);
7. Unlawful tampering, obliteration or alteration

of firearm’s identification (Sec. 34, R.A. No.
10591);
PUNISHABLE ACTS
9. Planting evidence or the willful and malicious
insertion, placing and/or attachment or parts
thereof in the person, house, effects or in the
immediate vicinity of an innocent individual for
the purpose of implicating or incriminating the
person, or imputing the commission of any
violation of the provisions of R.A. No. 10591 to
said individual (Sec. 38, R.A. No. 10591);
10. Failure to notify lost or stolen firearm or light

weapon to the Firearms and Explosives Office
(FEO) of the Philippine National Police (PNP)
within 30 days from discovery (Sec. 40(a), R.A.
No. 10591);
PUNISHABLE ACTS
11. Failure to notify the FEO of the PNP of a
licensed person’s change of residence or office
address, other than that indicated in the license
card, within 30 days from transfer (Sec. 40(b),
R.A. No. 10591); and
12. Illegal transfer or registration of firearms to any

person who has not yet be obtained or secured
the necessary license or permit thereof (Sec. 41,
R.A. No. 10591).
NEW FIREARMS LAW DISTINGUISHED FROM
THE OLD FIREARMS LAW
P.D. 1866, AS AMENDED BY REPUBLIC ACT NO. 10591
R.A. NO. 8294 (New Firearms Law /
(Old Firearms Law) Comprehensive Firearms and
Ammunition Regulation Act)
When another crime is also committed
The unlawful manufacture, sale, If the use of a loose firearm is
acquisition, disposition or inherent in the commission of a
possession of firearms or crime punishable under the RPC
ammunition is punishable or other special laws – the use of
provided no other crime was loose firearm is an aggravating
committed (Sec.1 of P.D. 1866, as circumstance (Sec. 29). Hence, the
amended by R.A. 8294). What is penalty for the use of a loose
punished is the other crime. firearm is not imposed.
P.D. 1866, AS AMENDED BY R.A. REPUBLIC ACT NO. 10591
NO. 8294 (New Firearms Law /
When another crime is also committed
Nevertheless, when the other offense However, if the crime is committed
involved is not one of those enumerated by the person without using the loose
under R.A. 8294 (homicide, murder, firearm, the violation of this law shall
rebellion, insurrection, sedition, and be considered as a distinct and
attempted coup d'état), then the separate offense (Sec. 29).
separate case for illegal possession of
firearm should continue to be
prosecuted. This is because the word
“committed” taken in its ordinary sense,
and in light of the Constitutional
presumption of innocence, necessarily
implies a prior determination of guilt by
final conviction resulting from successful
prosecution or voluntary admission
(Celino, Sr. v. CA, G.R. No. 170562, 29
June 2007).
P.D. 1866, AS AMENDED BY REPUBLIC ACT NO. 10591

R.A. NO. 8294 (New Firearms Law /
When considered as an aggravating circumstance
If homicide or murder is If the use of a loose firearm is

committed with the use of inherent in the commission of a
unlicensed firearm – the use of crime punishable under the RPC
unlicensed firearm is an or other special laws – the use of
aggravating circumstance. loose firearm is an aggravating
circumstance (Sec. 29).
P.D. 1866, AS AMENDED BY R.A. NO. 8294 REPUBLIC ACT NO. 10591
(Old Firearms Law) (New Firearms Law / Comprehensive
Firearms and Ammunition Regulation Act)
When absorbed as an element of another crime

If the manufacture, sale, If the use of a loose firearm is
acquisition, disposition or in furtherance of, or incident to,
possession of firearms or or in connection with the crime of
explosives is in furtherance of or (RIA):
incident to, or in connection with 1. Rebellion,
the crime of (RISA): 2. Insurrection, or
1. Rebellion, 3. Attempted coup d'état,
2. Insurrection, the violation shall be absorbed
3. Sedition, or as an element of the crime of
4. Attempted coup d'état, rebellion or insurrection, or
the violation is absorbed as an attempted coup d'état (Sec. 29).
element of rebellion, or
insurrection, sedition, or
attempted coup d'état.
THE INDETERMINATE SENTENCE
LAW
(ACT NO. 4103, AS AMENDED)
 In imposing a prison sentence for an offense
punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to
an indeterminate sentence the maximum term of
which shall be that which, in view of the
attending circumstances, could be properly
imposed under the rules of the said Code, and
the minimum which shall be within the range of
the penalty next lower to that prescribed by the
Code for the offense (Sec. 1, Act No. 4103).
 If the offense is punished by any other law, the court

shall sentence the accused to an indeterminate
sentence, the maximum term of which shall not
exceed the maximum fixed by said law and the
minimum shall not be less than the minimum
term prescribed by the same (Sec. 1, Act No. 4103).
NON-APPLICABILITY OF THE
INDETERMINATE SENTENCE LAW
Under Sec. 2, Act No. 4103:
The Indeterminate Sentence Law is not applicable
to the following:
1. persons convicted of offenses punished with death

penalty or life-imprisonment;
2. those convicted of treason, conspiracy or proposal
to commit treason;
3. those convicted of misprision of treason, rebellion,
sedition or espionage;
4. those convicted of piracy or mutiny on the high
seas or Philippine waters;
NON-APPLICABILITY OF THE
INDETERMINATE SENTENCE LAW
The Indeterminate Sentence Law is not applicable to:
5. those who are habitual delinquents;

6. those who have escaped from confinement or evaded
sentence;
7. those who having been granted conditional pardon by
the Chief Executive shall have violated the terms
thereof;
8. those whose maximum term of imprisonment does not
exceed one (1) year;
9. those already sentenced by final judgment at the time
of approval of Act No. 4103; and
10. Those convicted for violation of the laws on terrorism,
plunder and transnational crimes. (Sec. 2, Act No.
4103).
JUVENILE JUSTICE AND WELFARE ACT
R.A. NO. 9344, AS AMENDED BY
R.A. NO. 10630
MINIMUM AGE OF CRIMINAL RESPONSIBILITY
(SEC.6, R.A. NO. 9344, AS AMENDED BY R.A.
NO. 10630 )
 A child fifteen (15) years of age or under at the time
of the commission of the offense shall be exempt from
criminal liability. However, the child shall be
subjected to an intervention program pursuant to
Section 20 of R.A. No. 9344, as amended.(Par. 1, Sec.
6, R.A. No. 9344 as amended by R.A. No. 10630)
 A child above fifteen (15) years but below eighteen

(18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention
program, unless he/she has acted with discernment,
in which case, such child shall be subjected to
appropriate proceedings. (Par. 3, Sec. 6, R.A. No. 9344
as amended by R.A. No. 10630)
MINIMUM AGE OF CRIMINAL RESPONSIBILITY
(SEC.6, R.A. NO. 9344, AS AMENDED BY R.A.
NO. 10630 )
 A child fifteen (15) years of age or under at the time

of the commission of the offense shall be exempt
from criminal liability. A child is deemed to be
fifteen (15) years of age on the day of the
fifteenth anniversary of his/her birthdate.(Par.
2, Sec. 6, R.A. No. 9344 as amended by R.A. No.
10630)
 The exemption from criminal liability does not

include exemption from civil liability. (Par. 4, Sec. 6,
R.A. No. 9344 as amended by R.A. No. 10630)
SERIOUS CRIMES COMMITTED BY CHILDREN
WHO ARE EXEMPT FROM CRIMINAL
RESPONSIBILITY (SEC.20,R.A. NO. 9344, AS
AMENDED BY R.A. NO. 10630 )
 A child who is above twelve (12) years of age up to fifteen (15)
years of age and who commits parricide, murder, infanticide,
kidnapping and serious illegal detention where the victim is
killed or raped, robbery, with homicide or rape, destructive
arson, rape, or carnapping where the driver or occupant is
killed or raped or offenses under Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002) punishable by
more than twelve (12) years of imprisonment, shall be
deemed a neglected child under P.D. No. 603 (The Child and
Youth Welfare Code), as amended, and shall be mandatorily
placed in a special facility within the youth care faculty or
‘Bahay Pag-asa’ called the Intensive Juvenile Intervention
and Support Center. (Sec. 20-A, R.A. No. 9344 as amended by
R.A. No. 10630)
REPETITION OF OFFENSES (SEC.20,R.A.
NO. 9344, AS AMENDED BY R.A. NO.
10630 )
A child who is above twelve (12) years of age up to fifteen (15)
years of age and who commits an offense for the second time
or oftener shall be deemed a neglected child under P.D. No.
603, as amended, and shall undergo an intensive
intervention program supervised by the local social welfare
and development officer, provided that:
1. the child was previously subjected to a community-based

intervention program;
2. if the best interest of the child requires that he/she be
placed in a youth care facility or ‘Bahay Pag-asa’, the
child’s parents or guardians shall execute a written
authorization for the voluntary commitment of the child;
and
REPETITION OF OFFENSES (SEC.20,R.A.
NO. 9344, AS AMENDED BY R.A. NO.
10630 )
3. if the child has no parents or guardians or if they refuse
or fail to execute the written authorization for voluntary
commitment, the proper petition for involuntary
commitment shall be immediately filed by the DSWD or
the LSWDO pursuant to P.D. No. 603, as amended. (Sec.
20-B, R.A. No. 9344 as amended by R.A. No. 10630)
AMENDMENTS INTRODUCED BY R.A. NO.
10630
1. Creation of “Bahay – Pag-asa” (Sec. 4, R.A. No.
9344, as amended by R.A. No. 10630 )
 Bahay Pag-asa refers to a 24-hour child-caring

institution established, funded and managed by local
government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs)
providing short-term residential care for children in
conflict with the law who are above 15 but below 18
years of age who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction. Part
of the features of a ‘Bahay Pag-asa’ is an intensive
juvenile intervention and support center. This will
cater to children in conflict with the law (par. 1, Sec. 4
[s] of R.A. No. 9344, as amended by R.A. No. 10630).
.
AMENDMENTS INTRODUCED BY R.A. NO.
10630
 Prior to the amendment, youth offenders are placed

in a “Youth Detention Center.” The new law, R.A. No.
10630, renames the temporary housing “Bahay Pag-
asa” and mandates the creation of a multidisciplinary
team for the protection of children composed of a
social worker, psychologist or mental health
professional, medical doctor, educational/guidance
counselor, and barangay council representative. (par.
3, Sec. 4 [s] of R.A. No. 9344, as amended by R.A. No.
10630).
AMENDMENTS INTRODUCED BY R.A. NO. 10630
2. Exploitation of Children for Commission of Crimes
(Sec. 4, R.A. No. 9344, as amended by R.A. No. 10630 )
 Any person who, in the commission of a crime,

makes use, takes advantage of, or profits from the
use of children, including any person who abuses
his/her authority over the child or who, with abuse
of confidence, takes advantage of the vulnerabilities
of the child and shall induce, threaten or instigate
the commission of the crime, shall be imposed the
penalty prescribed by law for the crime committed
in its maximum period (Sec. 20-C of R.A. No. 9344,
as amended by R.A. No. 10630).
 This is a new provision.

3. Violations of Local Ordinances (Sec. 57, R.A. No.

 No penalty shall be imposed on children for said

violations, and they shall instead be brought to
their residence or to any barangay official at the
barangay hall to be released to the custody of their
parents (Sec. 57-A of R.A. No. 9344, as amended by
R.A. No. 10630).
3. Violations of Local Ordinances (Sec. 57, R.A. No.

 This is a new provision. Prior to the amendment, a

child may not be penalized for status offenses,
vagrancy, prostitution, mendicancy, and sniffing of
rugby (Secs. 57 and 58 of R.A. No. 9344). With the
enactment of R.A. No. 10630, the violation of local
ordinances is added to the list of offenses that shall
not be punished if committed by a child. (Sec. 57-A
of R.A. No. 9344, as amended by R.A. No. 10630).
OBSTRUCTION OF JUSTICE
P.D. NO. 1829
PUNISHABLE ACTS (SEC. 1, R.A. NO. 1829)
Any person who knowingly or willfully obstructs, impedes,
frustrates or delays the apprehension of suspects and the
investigation and prosecution of criminal cases by committing
any of the following acts: (Sec. 1, R.A. No. 1829)
 preventing witnesses from testifying in any criminal

proceeding or from reporting the commission of any offense or
the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats; (Sec.
1[a], R.A. No. 1829)
 altering, destroying, suppressing or concealing any paper,
record, document, or object, with intent to impair its verity,
authenticity, legibility, availability, or admissibility as
evidence in any investigation of or official proceedings in,
criminal cases, or to be used in the investigation of, or official
proceedings in, criminal cases; (Sec. 1 [b], R.A. No. 1829)
 harboring or concealing, or facilitating the escape of, any

person he knows, or has reasonable ground to believe or
suspect, has committed any offense under existing penal
laws in order to prevent his arrest prosecution and
conviction; (Sec. 1 [C], R.A. No. 1829)
 publicly using a fictitious name for the purpose of

concealing a crime, evading prosecution or the execution
of a judgment, or concealing his true name and other
personal circumstances for the same purpose or
purposes; (Sec. 1 [D], R.A. No. 1829)
 delaying the prosecution of criminal cases by

obstructing the service of process or court orders or
disturbing proceedings in the fiscal's offices, in
Tanodbayan, or in the courts; (Sec. 1 [e], R.A. No.
1829)
 making, presenting or using any record, document,

paper or object with knowledge of its falsity and
with intent to affect the course or outcome of the
investigation of, or official proceedings in, criminal
cases; (Sec. 1 [f], R.A. No. 1829)
 threatening directly or indirectly another with the infliction
of any wrong upon his person, honor or property or that of
any immediate member or members of his family in order to
prevent such person from appearing in the investigation of,
or official proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in order to prevent a
person from appearing in the investigation of or in official
proceedings in, criminal cases; (Sec. 1 [h], R.A. No. 1829) and
 giving of false or fabricated information to mislead or

prevent the law enforcement agencies from apprehending
the offender or from protecting the life or property of the
victim; or fabricating information from the data gathered in
confidence by investigating authorities for purposes of
background information and not for publication and
publishing or disseminating the same to mislead the
investigator or to the court. (Sec. 1 [i], R.A. No. 1829)
THE PROBATION LAW
P.D. NO. 968
PROBATION (SEC. 3, P.D. NO. 968)
Probation is a disposition under which an accused,

after conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer. It is a privilege
granted by the court; it cannot be availed of as a
matter of right by a person convicted of a crime. To
be able to enjoy the benefits of probation, it must
first be shown that an applicant has none of the
disqualifications imposed by law. (Sec. 3 [a], P.D.
No. 968)
DISQUALIFIED OFFENDERS (SEC. 9, P.D. NO. 968)
Probation under PD No. 968, as amended, is intended

for offenders who are 18 years of age and above, and
who are not otherwise disqualified by law. Offenders
who are disqualified are those:
 sentenced to serve a maximum term of

imprisonment of more than six (6) years; (Sec. 9 [a],
P.D. No. 968)
 convicted of subversion or any offense against the

security of the State, or the Public Order; (Sec. 9 [b],
P.D. No. 968)
DISQUALIFIED OFFENDERS (SEC. 9, P.D. NO. 968)
 who have previously been convicted by final

judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of
not more than Two Hundred Pesos (P200.00);(Sec. 9
[c], P.D. No. 968)
 who have been once on probation; (Sec. 9 [d], P.D.

No. 968) and
 who are already serving sentence at the time the

substantive provisions of this law became. (Sec. 9 [e],
P.D. No. 968)
PROBATION CONDITIONS (SEC. 10, P.D. NO. 968)
 The mandatory conditions require that the

probationer shall:
a. present himself to the probation officer designated

to undertake his supervision at each place as may be
specified in the order within 72 hours from receipt of
said order, (par. 1, Sec. 10[a], P.D. No. 968)
and
b. report to the probation officer at least once a month

at such time and place as specified by said officer.
(par. 1, Sec. 10[b], P.D. No. 968)
PROBATION CONDITIONS (SEC. 10, P.D. NO. 968)
 Special or discretionary conditions are those

additional conditions imposed on the probationer
which are geared towards his correction and
rehabilitation outside of prison and right in the
community to which he belongs. (par. 2, Sec. 10, P.D.
No. 968)
EFFECTIVITY OF THE PROBATION ORDER
(SEC. 11, P.D. NO. 968)
 A violation of any of the conditions may lead either

to a more restrictive modification of the same or the
revocation of the grant of probation. Consequent to
the revocation, the probationer will have to serve the
sentence originally imposed. (Sec. 11, P.D. No. 968)
REVOCATION OF PROBATION (SEC. 15,
P.D. NO. 968)
 At any time during probation, the court may issue a
warrant for the arrest of a probationer for any
serious violation of the conditions of probation. The
probationer, once arrested and detained, shall
immediately be brought before the court for a
hearing of the violation charged. The defendant
may be admitted to bail pending such hearing. In
such case, the provisions regarding release on bail
of persons charged with crime shall be applicable to
probationers arrested under this provision. An
order revoking the grant of probation or modifying
the terms and conditions thereof shall not be
appealable. (Sec. 15, P.D. No. 968)
TERMINATION OF PROBATION (SEC. 16,
P.D. NO. 968)
 After the period of probation and upon
consideration of the report and recommendation
of the probation officer, the court may order the
final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of
his probation and thereupon the case is deemed
terminated. (par. 1, Sec. 15, P.D. No. 968)
TRUST RECEIPTS LAW
P.D. NO. 115
TRUST RECEIPT TRANSACTION (SEC. 4, P.D. NO. 115)
 This is any transaction by and between a person

referred to as the entruster, and entrustee, whereby the
entruster, who owns or holds absolute title or security
interests over certain specified goods, documents or
instruments, releases the same to the possession of the
entrustee upon the latter's execution and delivery to the
entruster of a signed document called a "trust receipt.“
(Sec. 4, P.D. No. 115)
TRUST RECEIPT TRANSACTION (SEC. 4, P.D. NO. 115)
 The entrustee binds himself to hold the designated

goods, documents or instruments in trust for the
entruster and to sell or otherwise dispose of the goods,
documents or instruments with the obligation to turn
over to the entruster the proceeds thereof to the extent
of the amount owing to the entruster or as appears in
the trust receipt or the goods, documents or instruments
themselves if they are unsold or not otherwise disposed
of, in accordance with the terms and conditions specified
in the trust receipt, or for other purposes according to
the P.D. No. 115. (Sec. 4, P.D. No. 115)
PUNISHABLE ACTS (SEC. 13, P.D. NO. 115)
The failure of an entrustee to turn over the
proceeds of the sale of the goods, documents or
instruments covered by a trust receipt to the
extent of the amount owing to the entruster or as
appears in the trust receipt or to return said
goods, documents or instruments if they were
not sold or disposed of in accordance with the
terms of the trust receipt shall constitute the crime
of estafa, punishable under the provisions of
Article 315(1)(b) of the Revised Penal Code. (Sec.
13, P.D. No. 115)
WHEN THE VIOLATION IS COMMITTED BY A
JURIDICAL ENTITY (SEC. 13, P.D. NO. 115)
If the violation or offense is committed by a

corporation, partnership, association or other
juridical entities, the penalty shall be imposed
upon the directors, officers, employees or other
officials or persons therein responsible for the
offense, without prejudice to the civil liabilities
arising from the criminal offense. (Sec. 13, P.D. No.
115)
CYBERCRIME PREVENTION ACT
R.A. NO. 10175
CYBERCRIME OFFENSES (SEC. 4, R.A. NO.10175)
A. Offenses against the confidentiality,
integrity and availability of computer
data and systems:
 Illegal Access. – The access to the whole or any

part of a computer system without right. (Sec. 4
[a.1], R.A. No.10175)
 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. (Sec. 4 [a.2], R.A. No.10175)
 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. (Sec. 4 [a.3],
R.A. No.10175)
 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. (Sec. 4
[a.4], R.A. No.10175)
5. Misuse of Devices. (Sec. 4 [a.5], R.A.
No.10175)
 The use, production, sale, procurement,

importation, distribution, or otherwise making
available, without right, of:
a) A device, including a computer program,
designed or adapted primarily for the
purpose of committing any of the offenses
under R.A. No.10175; or
b) 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 R.A.
No.10175.
5. Misuse of Devices. (Sec. 4 [a.5], R.A.
No.10175)
 The possession of an item referred to in

paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the purpose of
committing any of the offenses under this
section.
CYBERCRIME OFFENSES(SEC. 4, R.A. NO.10175)
6. Cyber-squatting. (Sec. 4 [a.6], R.A. No.10175) –
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:
i. Similar, identical, or confusingly similar to an

existing trademark registered with the
appropriate government agency at the time of the
domain name registration:
ii. Identical or in any way similar with the name of
a person other than the registrant, in case of a
personal name; and
iii. Acquired without right or with intellectual
property interests in it.
CYBERCRIME OFFENSES(SEC. 4, R.A. NO.10175)
B. Computer-related Offenses:
1. Computer-related Forgery. (Sec. 4 [b.1], R.A.

No.10175)
i. 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
ii. 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. (Sec. 4 [b.2], R.A.

No.10175) — 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. (Sec. 4 [b.3],

R.A. No.10175) – 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.
CYBERCRIME OFFENSES, (SEC. 4, R.A. NO.10175)
C. Content-related Offenses: (Sec. 4 [c], R.A. No.10175)
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. (Sec. 4 [c.1], R.A. No.10175)
1. 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 computer system: Provided, That the penalty
to be imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775. (Sec. 4 [c.2], R.A.
No.10175)
3. Unsolicited Commercial Communications. (Sec.
4 [c.3], R.A. No.10175) — The transmission of
commercial electronic communication with the use
of computer system which seek to advertise, sell, or
offer for sale products and services are prohibited
unless:
 There is prior affirmative consent from the

recipient; or
 The primary intent of the communication is for
service and/or administrative announcements
from the sender to its existing users, subscribers
or customers; or
 The following conditions are present:

a) The commercial electronic communication
contains a simple, valid, and reliable way for the
recipient to reject. receipt of further commercial
electronic messages (opt-out) from the same
source;
b) The commercial electronic communication does
not purposely disguise the source of the electronic
message; and
c) The commercial electronic communication does
not purposely include misleading information in
any part of the message in order to induce the
recipients to read the message.
4. Libel. — The unlawful or prohibited acts of libel as
defined in Article 355 of the Revised Penal Code, as
amended, committed through a computer system or
any other similar means which may be devised in
the future. (Sec. 4 [c.4], R.A. No.10175)
OTHER OFFENSES (SEC. 5, R.A. NO.10175)
a. Aiding or Abetting in the Commission of

Cybercrime. – Any person who willfully abets or
aids in the commission of any of the offenses
enumerated in R.A. No.10175 shall be held
liable.
b. Attempt in the Commission of Cybercrime. —

Any person who willfully attempts to commit
any of the offenses enumerated in R.A.
No.10175 shall be held liable.
CONSTITUTIONAL AND UNCONSTITUTIONAL
PROVISIONS UNDER THE CYBERCRIME
PREVENTION ACT 0F 2012
(DISINI ET AL., V. SECRETARY OF JUSTICE,
G.R. NO. 203335 , 11 FEBRUARY 2014)
1. Void for being Unconstitutional

• Section 4(c)(3) of R.A. No. 10175 that penalizes
posting of unsolicited commercial communications;
• Section 12 thereof that authorizes the collection or
recording of traffic data in real-time; and
• Section 19 of the same Act that authorizes the
Department of Justice to restrict or block access to
suspected Computer Data.
CONSTITUTIONAL AND UNCONSTITUTIONAL PROVISIONS
UNDER THE CYBERCRIME PREVENTION ACT 0F 2012
G.R. NO. 203335 , 11 FEBRUARY 2014)
2. Valid and Constitutional:

• Section 4(a)(1) that penalizes accessing a computer system
without right;
• Section 4(a)(3) that penalizes data interference, including
transmission of viruses;
• Section 4(a)(6) that penalizes cyber-squatting or acquiring
domain name over the internet in bad faith to the prejudice
of others;
• Section 4(b)(3) that penalizes identity theft or the use or
misuse of identifying information belonging to another;
• Section 4(c)(1) that penalizes cybersex or the lascivious
exhibition of sexual organs or sexual activity for favor or
consideration;
• Section 4 (c)(2) that penalizes the production of child
pornography;
G.R. NO. 203335 , 11 FEBRUARY 2014)

• Section 6 that imposes penalties one degree higher when
crimes defined under the Revised Penal Code are
committed with the use of information and communications
technologies;
• Section 8 that prescribes the penalties for cybercrimes;
• Section 13 that permits law enforcement authorities to
require service providers to preserve traffic data and
subscriber information as well as specified content data for
six months;
• Section 14 that authorizes the disclosure of computer data
under a court-issued warrant;
• Section 15 that authorizes the search, seizure, and
examination of computer data under a court-issued
warrant;
G.R. NO. 203335 , 11 FEBRUARY 2014)
• Section 17 that authorizes the destruction of

previously preserved computer data after the
expiration of the prescribed holding periods;
• Section 20 that penalizes obstruction of justice in
relation to cybercrime investigations;
• Section 24 that establishes a Cybercrime Investigation
and Coordinating Center (CICC);
• Section 26(a) that defines the CICC’s Powers and
Functions; and
• Articles 353, 354, 361, and 362 of the Revised Penal
Code that penalizes libel.
G.R. NO. 203335 , 11 FEBRUARY 2014)
3. Partly Valid and Unconstitutional
• Section 4(c)(4) that penalizes online libel as valid and

constitutional with respect to the original author of the post;
but void and unconstitutional with respect to others who
simply receive the post and react to it; and
• Section 5 that penalizes aiding or abetting and attempt in the

commission of cybercrimes as valid and constitutional only
in relation to:
• Section 4(a)(1) on Illegal Access;

• Section 4(a)(2) on Illegal Interception;
CONSTITUTIONAL AND UNCONSTITUTIONAL PROVISIONS UNDER THE
CYBERCRIME PREVENTION ACT 0F 2012
G.R. NO. 203335 , 11 FEBRUARY 2014)
• Section 5 that penalizes aiding or abetting and attempt in the commission

of cybercrimes as valid and constitutional only in relation to:
• Section 4(a)(3) on Data Interference;
• Section 4(a)(4) on System Interference;
• Section 4(a)(5) on Misuse of Devices;
• Section 4(a)(6) on Cyber-squatting;
• Section 4(b)(1) on Computer-related Forgery;
• Section 4(b)(2) on Computer-related Fraud;
• Section 4(b)(3) on Computer-related Identity Theft; and
• Section 4(c)(1) on Cybersex.
But void and unconstitutional with respect to:

 Section 4(c)(2) on Child Pornography;
 Section 4(c)(3) on Unsolicited Commercial Communications; and
 Section 4(c)(4) on online Libel.
CONSTITUTIONAL AND UNCONSTITUTIONAL PROVISIONS UNDER THE
CYBERCRIME PREVENTION ACT 0F 2012
G.R. NO. 203335 , 11 FEBRUARY 2014)
4. Lastly, the Court resolved to leave the determination

of the correct application of Section 7 that authorizes
prosecution of the offender under both the Revised Penal
Code and Republic Act 10175 to actual cases, with the
exception of the crimes of:
• Online libel as to which, charging the offender under

both Section 4(c)(4) of Republic Act 10175 and Article 353
of the Revised Penal Code constitutes a violation of the
proscription against double jeopardy; as well as
• Child pornography committed online as to which,

charging the offender under both Section 4(c)(2) of R.A.
No. 10175 and Republic Act 9775 or the Anti-Child
Pornography Act of 2009 also constitutes a violation of
the same proscription, and, in respect to these, is void
and unconstitutional.
HUMAN SECURITY ACT OF 2007
(R.A. NO. 9372)
ELEMENTS OF THE CRIME OF
TERRORISM (SEC. 3, R.A. NO. 9372)
 Offender commits an act punishable under any of

the cited provisions of the Revised Penal Code, or
under any of the enumerated special penal laws;
 Commission of the predicate crime sows and
creates a condition of widespread and
extraordinary fear and panic among the
populace; and
 Offender is actuated by the desire to coerce the
government to give in to an unlawful demand.
TERRORISM
It is committed by any person who engages in any of the
following acts punishable under RPC and special laws:
A. Under the RPC
 Piracy in general and mutiny in the high seas or in

the Philippine waters (Art. 123, RPC)
 Rebellion or Insurrection(Art. 134, RPC)
 Coup d’etat including acts committed by private
persons(Art. 134-A, RPC)
 Kidnapping and Serious Illegal Detention (Art. 267,
RPC)
 Murder (Art. 248, RPC)
 Crimes involving Destruction ( Art. 320,RPC)
TERRORISM
B. Under Special Laws
 Decree codifying the laws on illegal and unlawful

possession, manufacture, dealing in, acquisition or
disposition of firearms, ammunitions or explosives.
 Law on Arson ( P.D. No. 1613)
 Anti-Piracy and Anti-Highway Robbery of Law of
1974 (P.D. No. 532)
 Atomic Energy Regulatory and Liability Act of 1968
(R.A. No. 5207)
 Toxic Substances and Hazardous and Waste Control
Act of 1990(R.A. No. 6969)
 Anti-Hijacking Law (R.A. No. 6265)
TERRORISM
Before a charge for terrorism may be filed under
R.A. No. 9372, there must first be a predicate
crime actually committed to trigger the
operation of the key qualifying phrases in the
other elements of the crime, including the
coercion of the government to accede to an unlawful
demand. (Southern Hemisphere Engagement
Network Inc. v. Anti-Terrorism Council, G.R. No.
1788552, 5 October 2010)
Note: The benefit of Parole under the

Indeterminate Sentence Law is not applicable to
persons convicted under R.A. No. 9372. (Sec. 3, R.A.
9372)
WHO MAY BE LIABLE
1. Conspirator (Sec. 4, R.A. No. 9372)
Two or more persons come to an agreement concerning
the commission of the crime of terrorism and decide to
commit the same
Penalty: Forty years imprisonment
2. Accomplice (Sec. 5, R.A. No. 9372)

Any person who, not being a principal or conspirator,
cooperates in the execution of either the crime of
terrorism or conspiracy to commit terrorism by previous
or simultaneous acts.
Penalty: 17 years, 4 months, 1 day to 20 years
imprisonment.
WHO MAY BE LIABLE
3. Accessory (Sec. 6, R.A. No. 9372)
Any person who having knowledge of the
commission of the crime of terrorism or conspiracy
to commit terrorism, and without having
participated therein, takes part subsequent to its
commission in any of the following manner:
a. Profiting himself or assisting the offender to
profit by the effects of the crime;
b. Concealing or destroying the body of the crime
or the effects or instruments thereof in order to
prevent its discovery; or
c. Harboring, concealing or assisting in the escape
of the principal or conspirator.
WHO MAY BE LIABLE
Exception (Not Liable):
Those who are such with respect to their: (i)
spouses, (ii) ascendants, (iii) descendants, (iv)
legitimate, natural, and adopted brothers and
sisters, or (v) relatives by affinity within the same
degrees. (Sec. 6, R.A. No. 9372)
Exception to the exception (Liable):

Accessories falling within the provisions of
subparagraph (a). (Sec. 6, R.A. No. 9372)
SURVEILLANCE OF SUSPECTS AND
INTERCEPTION AND RECORDING OF
COMMUNICATION
General Rule:
Notwithstanding R.A. No. 4020 (The Anti-Wire

Tapping Law), a police or law enforcement official and
members of his team may, upon written order of the
Court of Appeals, listen to, intercept and record any
communication between members of a judicially
declared and outlawed terrorist organization or group
of persons or of any person charged with or suspected
of the crime of terrorism or conspiracy to commit
terrorism. (Sec. 7, R.A. No. 9372)
SURVEILLANCE OF SUSPECTS AND
INTERCEPTION AND RECORDING OF
COMMUNICATION
Exception:
Communications between:
1. Lawyers and clients

2. Doctors and patients
3. Journalists and their sources
4. Confidential business correspondence . (Sec. 7,
R.A. No. 9372)
REQUISITES FOR FORMAL APPLICATION FOR
JUDICIAL AUTHORIZATION TO INTERCEPT AND
RECORD COMMUNICATION (SEC. 8, R.A. 9372)
1. There must be an ex parte application by the police

or law enforcement official;
2. The applicant must have been duly authorized in

writing by the Anti-Terrorism Council; and
REQUISITES FOR FORMAL APPLICATION FOR
JUDICIAL AUTHORIZATION TO INTERCEPT AND
RECORD COMMUNICATION (SEC. 8, R.A. 9372)
3. Examination under oath or affirmation of the applicant and

the witnesses he may produce to establish that:
a) There is probable cause to believe based on personal
knowledge of facts that the said Crime of terrorism or
conspiracy to commit terrorism has been committed, is
being committed or is about to be committed;
b) There is probable cause to believe based on personal
knowledge of facts that evidence which is essential to the
conviction of any charged or suspected person, will be
obtained; and
c) There is no other effective means for acquiring such
evidence.
EXCEPTION TO ARTICLE 125 OF RPC
(SEC. 19, R.A. 9372)
In the event of actual or imminent terrorist attack,

suspects may be detained for more than three (3)
days upon written approval of:
1. Municipal, city, provincial or regional official of

Human Rights Commission;
2. Judge of MTC, RTC or Sandiganbayan; or
3. Justice of CA nearest the place of arrest.
EXCEPTION TO ARTICLE 125 OF RPC
(SEC. 19, R.A. 9372)
The written approval must be procured within
five (5) days after the date of detention;
Provided that within three (3) days after detention,
suspects whose connection with the terror attack or
threat is not established shall be released
immediately.
If the arrest is made during Saturdays, Sundays,

Holidays or after office hours, the police or law
enforcement personnel shall bring the arrested
person to the residence of any of the officials
mentioned that is nearest the place where the
accused was arrested.
Thank You!

2017 Special Penal Laws Revised

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2017 Special Penal Laws Revised

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SPECIAL

1. Anti-Arson Law (P.D. No. 1613);

2. New Anti-Carnapping Act (R.A. No. 10883);

3. Anti-Child Abuse Law (R.A. No. 7610, as

4. Anti-Child Pornography Law (R.A. No. 9755);

5. Anti-Fencing Law (P.D. No. 1612);

6. Anti-Graft and Corrupt Practices Act (R.A. No.

7. Anti-Hazing Law (R.A. No. 8049);

8. Anti-Hijacking Law (R.A. No. 6235);

9. Anti-Piracy and Anti-Highway Robbery (P.D. No.

10. Anti-Plunder Act (R.A. No. 7080, as amended);

11. Anti-Sexual Harassment (R.A. No. 7877);

12. Anti-Torture Act (R.A. No. 9745)

13. Anti-Trafficking in Persons Act (R.A. No. 9208);

14. Anti-Violence against Women and their Children

15. Bouncing Checks Law (B.P.Blg. 22);

16. Comprehensive Dangerous Drugs Act (R.A. No.

17. Illegal Possession of Firearms (P.D. No. 1866, as

18. Indeterminate Sentence Law (R.A. No. 4103, as

19. Juvenile Justice and Welfare Act (R.A. No. 9344,

20. Obstruction of Justice (P.D. No. 1829);

21. Probation Law (P.D. No. 968, as amended);

22. Trust Receipts Law (P.D. No. 115);

23. Cybercrime Prevention Act (R.A. No. 10175); and

24. Human Security Act (R.A. No. 9372) – defining

 The laws on arson in force today are P.D. No. 1613

i. One or more buildings or edifices, consequent to one

ii. Any building of public or private ownership, devoted to

iii. Any train or locomotive, ship or vessel, airship or

iv. Any building, factory, warehouse installation and any

v. Any building the burning of which is for the purpose

i. When the arson is committed by 2 or more persons,

ii. When any person shall burn:

a. Any building used as offices of the Government or

a. If committed with intent to gain;

a. If the fire started simultaneously in more than one part

b. If substantial amount of flammable substances or

c. If gasoline, kerosene, petroleum or other flammable or

d. If the building or property is insured for substantially

e. If during the lifetime of the corresponding fire insurance

f. If shortly before the fire a substantial portion of the

g. If a demand for money or other valuable consideration

Conspiracy to commit arson is punishable by

NO COMPLEX CRIME OF ARSON WITH

Thus, homicide is absorbed.

 R.A. No. 10883, otherwise known as the “New

 Carnapping is the taking, with intent to gain, of a

 Any person charged with carnapping or when the crime

 Any public official or employee who directly commits the

 Motor vehicle refers to any vehicle propelled by any

 All motor vehicle engines, engine blocks and chassis not

5. Defacing or Tampering with Serial Numbers of Motor

7. Unlawful transfer or use of vehicle plates (Section

 Second hand spare parts refer to the parts taken from

 If the motor vehicle, motor vehicle engine, engine

 Any person engaged in the importation,

 Any person engaged in the manufacture of engine

 Any person who shall undertake to assemble or rebuild

 In the case of motor vehicle engines to be mounted on

 The Philippine Ports Authority (PPA) shall submit a

 The PPA shall not allow the loading of motor vehicles

 Foreign nationals convicted under the provisions

 Any person who voluntarily gives information