UNIVERSITY OF NEGROS OCCIDENTAL-RECOLETOS

SCHOOL OF LAW
unorlawschl@gmail.com

2018 QUIZZER ON CRIMINAL LAW1

BY

Dean J. P. VILLASOR2

What are the three cardinal features or main characteristics of Philippine Criminal Law?

Answer: The three main characteristics of Philippine criminal law are:

1) Generality – Philippine criminal law is binding to all persons who live or sojourn in Philippine
territory subject to certain exceptions: (a) principles of public international law; (b) treaties or
treaty stipulations; and (c) laws of preferential application;

2) Territoriality – Philippine criminal law has force and effect only within Philippine territory,
subject to certain exceptions. Thus, the five (5) instances where the provisions of the Revised
Penal Code shall be enforced outside of the jurisdiction of the Philippines are: (a) should an
offense be committed while on a Philippine ship or airship; (b) should there be forging or
counterfeiting of any coin or currency note of the Philippines or obligations and securities issued
by the Government of the Philippines; (c) should there be liability for acts connected wit the
introduction into the Philippines of the obligations and securities mentioned in (b); (d) should
a public officer or employee commit an offense in the exercise of their functions; or (e) should
any person commit any of the crimes against national security and the law of nations defined in
Title One of Book Two of the Revised Penal Code;

3) Prospectivity (or Irretrospectivity) – Philippine criminal law applies only to acts and
omissions committed/incurred after the effectivity of the law. In other words, a penal law cannot
make an act punishable when it was not punishable when committed. Crimes are therefore
punished under the laws in force at the time the same were perpetrated, reflecting the Latin
maxim nullum crimen, nulla poena sine lege – there is no crime, where there is no law punishing
it. This rule is consistent with the constitutional prohibition against ex post facto laws. Art. 22
of the Revised Penal Code provides an exception: penal laws shall have a retroactive effect
insofar as they favor the person guilty of a felony who is not a habitual criminal, as this term is
defined in Art. 62 of the Revised Penal Code.

II

What is the principle of pro reo?

Answer: The principle of pro reo simply states that Philippine criminal law should be liberally construed
in favor of the accused and strictly construed against the State. In line with this principle, Article 22 of the
Revised Penal Code, inter alia, states that penal laws shall have a retroactive effect insofar as they favor the
person guilty of a felony who is not a habitual criminal. Another illustration of this principle is the
constitutional presumption of innocence of the accused under the Bill of Rights in criminal cases.

III

Distinguish the following concepts:

1 Compiled by Dean J. P. Villasor from Justice Edilberto G. Sandoval’s Pointers in Criminal Law (2010), Prof. Leonor D.
Boado’s Compact Reviewer in Criminal Law, the U.P. Law Center’s Suggested Answers to Bar Questions, decisions
promulgated by the Supreme Court, the Revised Penal Code, special penal laws and his own notes on Criminal Law.
Updated on 15 October 2014. Reprinted on 14 November 2018.
2 BSBA (University of the Philippines, Diliman, Quezon City); LLB (University of the Philippines, Diliman, Quezon City);

MSc (London School of Economics, London, England); Certificate, 25 th National Security Law Institute, University of
Virginia Law School, Charlottesville, Virginia; Member, Philippine Bar, and Registered Foreign Lawyer, Singapore
International Commercial Court; Member, American Society of International Law; Member, International Law and
International Affairs Committee, Integrated Bar of the Philippines
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 a) Rebellion and coup d’etat, based on their constitutive elements as criminal offenses.

Answer: Rebellion is committed when a multitude of persons rise publicly in arms for the purpose of
overthrowing the duly constituted government, to be replaced by a government of the rebels. It is
carried out by force and violence, but need not be participated in by any member of the military,
national police or any public officer.

Coup d’etat is committed when members of the military, Philippine National Police, or public
officer, acting as principal offenders, launched a swift attack through strategy, stealth, threat, violence
or intimidation against duly constituted authorities of the Republic of the Philippines, military camp or
installation, communication networks, public facilities or utilities needed for the exercise and
continued possession of governmental powers, for the purpose of seizing or diminishing state power.

Unlike rebellion which requires a public uprising, coup d’etat may be carried out singly or
simultaneously and the principal offenders must be members of the military, national police or public
officer, with or without civilian support. The criminal objective need not be to overthrow the existing
government but only to destabilize or paralyze the existing government.

b) Compound and complex crimes as concepts in the Revised Penal Code.

Answer: Compound crimes result when the offender committed only a single felonious act from which
two or more crimes resulted. This is provided for in modified form in the first part of Art. 49, Revised
Penal Code, limiting the resulting crimes to only grave and/or less grave felonies. Hence, light felonies
are excluded even though resulting from the same single act.

Complex crimes result when the offender has to commit an offense as a necessary means for
committing another offense. Only one Information shall be filed and if proven, the penalty for the more
serious crime shall be imposed.

c) Justifying and exempting circumstances in criminal law.

Answer: Justifying circumstances affect the act, not the actor, while exempting circumstances affect
the actor, not the act. In justifying circumstances, no criminal liability is incurred and generally, no civil
liability is also incurred. On the other hand, in exempting circumstances, civil liability is generally
incurred although there is no criminal liability.

d) Intent and motive in the commission of an offense.

Answer: Intent is the purpose for using a particular means to achieve the desired result, while motive
is the moving power which impels a person to act for a definite result. Intent is an ingredient of dolo or
malice and thus an element of deliberate felonies, while motive is not an element of a crime but only
considered when the identity of the offender is in doubt.

e) Oral defamation and criminal conversation.

Answer: Oral defamation, known as slander, is a malicious imputation of any act, omission, condition
or circumstance against a person, done orally in public, tending to cause dishonor, discredit, contempt,
embarassment or ridicule to the latter. This is a crime against honor penalized in Art. 358 of the Revised
Penal Code.

Criminal conversation is the term used in making a polite reference to sexual intercourse as in
certain crimes, like rape, seduction and adultery. It has no definite concept as a crime.

f) Mala in se from mala prohibita.

Answer: In mala in se, the acts constituting the crimes are inherently evil, bad or wrong, and hence,
involve the moral traits of the offender. In mala prohibita, the acts constituting the crimes are not
inherently bad, evil or wrong but prohibited and made punishable only for public good. Because the
moral trait of the offender is involved in mala in se, modifying circumstances, he offender’s extent of
participation in the crime, and the degree of accomplishment of the crime are taken into account in
imposing the penalty. These are not so in mala prohibita where the criminal liability arises only when
the acts are consummated.

IV

a) What is the doctrine of implied conspiracy and give its legal effects?

Answer: An implied conspiracy is one which is only inferred or deduced from the manner the participants
in the commission of the crime carried out its execution. Where the offenders acted in concert in the

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commission of the crime, meaning that their acts are coordinated or synchronized in a way indicative that
they are pursuing a common criminal objective, they shall be deemed to be acting in conspiracy and their
criminal liability shall be collective, not individual.

The legal effects of an implied conspiracy are:

1) Not all those who are present at the scene of the crime will be considered conspirators;
2) Only those who participated by criminal acts in the commission of the crime will be considered
as co-conspirators; and
3) Mere acquiescence to or approval of the commission of the crime, without any act of criminal
participation, shall not render one criminally liable as a co-conspirator.

b) When would qualifying circumstances be deemed elements of a crime?

Answer: A qualifying circumstance would be deemed an element of a crime when:

1) it changes the nature of the crime, bringing about a more serious crime and a heavier penalty;
2) it is essential to the crime involved, otherwise some other crime is committed; and
3) it is specifically alleged in the Information and proven during the trial.

Robert Sy, a businessman and founding member of the Makati Business Club, aside from being a classmate
of the newly-elected President of the Philippines, had investments consisting of shares of stock in
Metrobank, Equitable-PCI Bank, Philippine National Bank and his privately-owned corporation, RS
Builders Corporation. After the President took his oath and assumed office, he appointed Robert Sy as
Honorary Consul to the Federal Republic of Malaysia. Robert Sy took his oath before the President and after
furnishing the Department of Foreign Affairs with his appointment papers, flew to Kuala Lumpur, where
he organized his staff, put up an office and stayed there for three months attending to trade opportunities
and relations with local businessmen. On the fourth month, he returned to the Philippines to make his
report to the President. However, the Anti-Graft Watch filed a complaint against Robert Sy for (1) failing to
file his Statement of Assets and Liabilities within thirty (30) days from assumption of office; (2) failing to
resign from his businesses, and (3) failing to divest his shares and investments in the banks and
corporations owned by him, as required by the Code of Conduct and Ethical Standards for Public Officials
and Employees.

Will the complaint prosper? Explain.

Answer: No, the complaint will not prosper because the Code of Conduct and Ethical Standards for Public
Officials and Employees (Republic Act No. 6713), expressly exempts those who serve the Government in an
honorary capacity from filing Statements of Assets and Liabilities, and from resigning and divesting
themselves of interest from any private enterprise (Sections 8(a) and 9, Rep. Act No. 6713).

VI

A, a businessman, borrowed P500,000 from B, a friend. To pay the loan, A issued a postdated check to be
presented for the payment 30 days after the transaction. Two days before the maturity date of the check, A
called up B and told him not to deposit the check on the date stated on the face thereof, as A had not
deposited in the drawee bank the amount needed to cover the check. Nevertheless, B deposited the check
in question and the same was dishonored due to insufficiency of funds. A failed to settle the amount with B
in spite of the latter’s demands. Is A guilty of violating B.P. 22, otherwise known as the Bouncing Checks
Law? Explain.

Answer: Yes, A is liable for violation of B.P. Bilang 22, otherwise known as the Bouncing Checks Law.
Although knowledge by the drawer of insufficiency or lack of funds at the time of the issuance of the check
is an element of the violation, the law presumes prima facie such knowledge, unless within five (5) banking
days of notice of dishonor or non-payment, the drawer pays the holder thereof the amount due thereon or
makes arrangements for payment in full by the drawee of such checks.

A mere notice by the drawer A to the payee B before the maturity date of the check will not defeat
the presumption of knowledge created by the law; otherwise, the purpose and spirit of B.P. 22 will be
rendered useless.

VII

(a) Define “corpus delicti”.

Answer: Corpus delicti literally means “the body or substance of the crime” or the fact that a crime has
been committed. The corpus delicti does not include the identity of the person who committed the crime.

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 Corpus delicti does not refer to the body of the purported victim which had not been found. Even
without the body of the purported victim being found, the offender can be convicted when the facts and
circumstances of a crime, the body of the crime or corpus delicti is established. In other words, the non-
recovery of the body of the victim is not a bar to the prosecution of a suspect for murder, but the fact of
death and identity of the victim must be established beyond reasonable doubt.

(b) What are the elements of “corpus delicti”?

Answer: The elements of corpus delicti consist of the actual commission by someone of the particular
crime charged. It is a compound fact made up of two things:

(i) the existence of a certain act or result forming the basis of the criminal charge; and

(ii) the existence of a criminal agency as the cause of the act or result.

The identity of the offender is not a necessary element of corpus delicti.

(c) One evening, there was a fight between Eddie and Mario. Later that evening, at about 11 p.m., Eddie
passed by the house of Mario carrying a plastic bag containing gasoline, threw the bag at the house of Mario
who was inside the house watching television, and then lit it. The front wall of the house started blazing and
some neighbors yelled and shouted. Forthwith, Mario poured water on the burning portion of the house.
Neighbors also rushed in to help put the fire under control before any great damage could be inflicted and
before the flames have extensively spread. Only a portion of the house was burned. Discuss Eddie’s liability.

Answer: Eddie is liable for destructive arson in the consummated stage. It is destructive arson because fire
was resorted to in destroying the house of Mario which is an inhabited house or dwelling. The arson is
consummated because the house was in fact already burned although not totally. In arson, it is not required
that the premises be totally burned for the crime to be consummated. It is enough that the premises suffer
destruction by burning.

VIII

(a) What is an impossible crime?

Answer: Under Art. 4 of the Revised Penal Code, an impossible crime is an act which would be an offense
against person or property, where it not for the inherent impossibility of its accomplishment or on
account of the employment of inadequate or ineffectual means.

(b) Is an impossible crime really a crime?

Answer: No, an impossible crime is not really a crime. It is only termed as an impossible crime because
the act gives rise to criminal liability. Actually, no felony is committed. The accused is to be punished for
his criminal tendency or propensity although no crime was committed.

(c) A, B, C and D, all armed with armalites, proceeded to the house of X. Y, a neighbor of X, who happened
to be passing by, pointed to the four suspects the room which X occupied. The four perpetrators peppered
the room with bullets. Unsatisfied, A even threw a had grenade that totally destroyed X’s room. However,
unknown to the four perpetrators, X was not inside the room and nobody was hit or injured during the
incident. Are A, B, C and D liable for any crime? Explain.

Answer: Yes, A, B, C and D are liable for destructive arson because of the destruction of the room of X with
the use of an explosive, the hand grenade. Liability for an impossible crime is to be imposed only if the act
committed would not constitute any other crime under the Revised Penal Code. Although the facts involved
are similar to the case of Intod v. Court of Appeals (215 SCRA 52), where the Supreme Court ruled that the
liability of the offender was for an impossible crime, no hand grenade was used in that case, which would
constitute a more serious crime though different from what was intended.

(d) Carla, who was 4 years old, was kidnapped by Enrique, the tricycle driver paid by her parents to bring
and fetch her to and from school. Enrique wrote a ransom note demanding P1 Million from Carla’s parents
in exchange for Carla’s freedom. Enrique sent the ransom note by mail. However, before the ransom note
was received by Carla’s parents, Enrique’s hideout was discovered by the police. Carla was rescued while
Enrique was arrested and incarcerated. Considering that the ransom note was not received by Carla’s
parents, the investigating prosecutor merely filed a case of “Impossible Crime to Commit Kidnapping”
against Enrique. Is the prosecutor correct? Why?

Answer: No, the prosecutor is not correct in filing a case for “Impossible Crime to Commit Kidnapping”
against Enrique. Impossible crimes are limited only to acts which when performed would be a crime against
persons or property. As kidnapping is a crime against personal security and not against persons or property,

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Enrique could not have incurred an “impossible crime” to committed kidnapping. There is thus no
impossible crime of kidnapping.

IX

After drinking a case of Ginebra San Miguel, Binoy, a Filipino seaman, stabbed to death Sio Pao, a
Singaporean seaman, aboard the M/V “Atlantic Princess”, an international vessel which was sailing in the
South China Sea. The vessel, although Panamanian registered, is owned by Lucio Lim, a Filipino
businessman. When the M/V “Atlantic Princess” reached the Philippine port in Cebu City, the captain of
the vessel turned over the assailant Binoy to Philippine authorities. An Information for Homicide was filed
against Binoy in the RTC of Cebu City. He moved to quash the Information for lack of jurisdiction. Will you
grant the motion? Explain.

Answer: Yes, the Motion to Quash the Information should be granted. The Philippine court has no
jurisdiction over the crime committed since it was committed on the high seas or outside of Philippine
territory and on board a vessel not registered or licensed in the Philippines (United States v. Fowler, 1 Phil.
614).

It is the registration of the vessel in accordance with the laws of the Philippines, not the citizenship
of her owner, which makes it a Philippine ship. The vessel being registered in Panama, the laws of Panama
govern while it is in the high seas.

Osang, a married woman in her early twenties, was sleeping on her bed in her nipa hut beside the seashore
when she was awakened by the act of a man mounting her. Thinking that it was her husband, Gardo, who
had returned from fishing in the sea, Osang continued her sleep but allowed the man, who was actually
their neighbor, Julio, to have sexual intercourse with her. After Julio satisfied himself, he said “Salamat
Osang” as he turned to leave. Only then did Osang realize that the man was not her husband. Enraged,
Osang grabbed a balisong from the wall and stabbed Julio to death. When tried for homicide, Osang claimed
defense of honor. Should the claim be sustained?
Why?

Answer: No, Osang’s claim of defense of honor should not be sustained because the aggression on her
honor had ceased when she stabbed the aggressor. In defense of rights under Art. 11, paragraph 1 of the
Revised Penal Code, it is required inter alia that there be (1) unlawful aggression, and (2) reasonable
necessity of the means employed to prevent or repel it. The unlawful aggression must be continuing when
the aggressor was injured or disabled by the person making a defense.

But if the aggression that was begun by the injured or disabled party already ceased to exist when
the accused attacked him, as in the present case, the attack made is a retaliation, not a defense. Article 11,
paragraph 1 of the Revised Penal Code does not govern.

Hence, Osang’s act of stabbing Julio to death after the sexual intercourse was finished, is not a
defense of honor but an immediate vindication of a grave offense committed against her, which is only a
mitigating circumstance.

XI

(a) A represented to B,C, D and E that she could send them to Rome to work there as sales ladies and
waitresses. She collected and received from them various amounts of money for recruitment and placement
fees totaling P400,000. After their dates of departure were postponed several times, the four recruits got
suspicious and went to the Philippine Overseas Employment Authority. There they found out that A was
not authorized nor licensed to recruit workers for employment abroad. They sought refund to no avail. Is A
guilty of any gave offense? Explain.

Answer: Yes, A is guilty of a grave offense, having engaged in illegal recruitment constituting the offense
of economic sabotage which is punishable with life imprisonment and a fine of P100,000.

Economic sabotage is an offense defined in Art. 38 (b) of the Labor Code, as amended by
Presidential Decree No. 2018, which is incurred when the illegal recruitment is carried out in large scale or
by a syndicate. It is in large scale when there are three or more aggrieved parties, individually or as a group.
It is committed by a syndicate when three or more persons conspire or cooperate with one another in
carrying out the illegal transaction, scheme or activity.

(b) On his way home form office, A rode in a jeepney. Subsequently, B boarded the same jeepney. Upon
reaching a secluded spot in Quezon City, B pulled out a grenade from his bag and announced a hold-up. He
told A to surrender his watch, wallet and cellphone. Fearing for his life, A jumped out of the vehicle. But as
he fell, his head hit the pavement, causing his instant death.

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 Is B liable for A’s death? Explain.

Answer: Yes, B is liable for A’s death because his acts of pulling out a grenade and announcing a hold-up,
coupled with a demand for the watch, wallet and cellphone of A is felonious and such felonious act was the
proximate cause of A’s jumping out of the jeepney, resulting in the latter’s death. Stated otherwise, the death
of A was the direct, natural and logical consequence of B’s felonious act which created an immediate sense
of danger in the mind of A who tried to avoid such danger by jumping out of the jeepney (People v. Arpa,
27 SCRA 1037).

XII

(a) D, who is 30 years old, was charged as a drug pusher under the Comprehensive Dangerous Drugs Act
of 2002. During pre-trial, he offered to plead guilty to the lesser offense concerning the use of dangerous
drugs.

Should the Judge allow D’s plea to the lesser offense? Explain.

Answer: No, the Judge should not allow D’s plea to a lesser offense, because plea bargaining in
prosecutions of drug-related cases is no longer allowed by Rep. Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, regardless of the imposable penalty.

(b) A and his fiancée B were walking in the plaza when they met a group of policemen who had earlier been
tipped off that A was in possession of prohibited drugs. Upon seeing the policemen and sensing that they
were after him, A handed a sachet containing shabu to B, telling her to hide it in her handbag. If B was
unaware that A was a drug user or pusher or that what was inside the sachet given to her was shabu, is she
nonetheless liable under the Dangerous Drugs Act?

Answer: No, B will not be criminally liable because she is unaware that A was a drug user or pusher or of
the content of the sachet handed to her by A, and therefore the criminal intent to possess that drug in
violation of the Dangerous Drugs Act is absent. There would be no basis to impute criminal liability to her
in the absence of animus possidendi.

XIII

P was convicted and sentenced to imprisonment of thirty days and a fine of P100. Previously, P was
convicted of another crime for which the penalty imposed on him was thirty days only.

Is P entitled to probation? Explain.

Answer: Yes, P may apply for probation. His previous conviction for another crime with a penalty of thirty
days imprisonment or not exceeding one (1) month does not disqualify him from applying for probation.
The penalty for his present conviction does not disqualify him either from applying for probation, since the
imprisonment does not exceed six (6) years (Sec. 9, Presidential Decree No. 968).

XIV

A was convicted of reckless imprudence resulting in homicide. The trial court sentenced him to a prison
term as well as to pay P150,000 as civil indemnity and damages. While his appeal was pending, A met a
fatal accident. He left a young widow, 2 children, and a P1 Million estate. What is the effect, if any, of his
death on his criminal as well as civil liability. Explain.

Answer: The death of A while his appeal from the judgment of the trial court is pending, extinguishes his
criminal liability. The civil liability insofar as it arises from the crime and recoverable under the Revised
Penal Code is also extinguished. However, the indemnity and damages may be recovered in a civil action if
predicated on a law, contract, quasi-contract and quasi-delict, but not on the basis of delicts, or acts or
omissions punishable by law (People v. Bayotas, 236 SCRA 239)

XV

(a) What is hazing as defined by law?

Answer: Hazing, as defined by Republic Act No. 8049, otherwise known as the Anti-Hazing Law, is an
initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations
such as forcing him to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him to
physical or psychological suffering or injury.

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(b) What does the law require before initiation rights may be performed?

Answer: Section 2 of Republic Act No. 8049, otherwise known as the Anti-Hazing Law, requires that
before hazing or initiation rites may be performed, notice to the school authorities or head of organizations
shall be given seven (7) days before the conduct of such rites. The written notice shall indicate: (a) the period
of the initiation activities, not exceeding three (3) days; (b) the names of those to be subjected to such
activities, and (c) an undertaking that no physical violence shall be employed by anybody during such
initiation rights.

Reminder to the Bar Examinee:

Please include in your review the following special criminal laws:

1) Obstruction of Justice (P.D. 1829): Those who assist the principal to escape may be prosecuted
under P.D. 1829 on obstruction of justice not as an accessory but as a principal, provided that a
separate Information shall be prepared for the crime of obstruction of justice.

2) Anti-Money Laundering Act of 2001 (R.A. 9160): threshold amount is P500,000; the money
proceeds from an unlawful activity, i.e. jueteng or illegal gambling, are transacted as though coming
from a legitimate source.

3) Bouncing Checks Law (B.P. 22): Although knowledge by the drawer of insufficiency or lack of funds
at the time of the issuance of the check is an element of the violation, the law presumes prima facie
such knowledge, unless within five (5) banking days of notice of dishonor or non-payment, the
drawer pays the holder thereof the amount due thereon or makes arrangements for payment in full
by the drawee of such checks.

4) Dangerous Drugs Act of 1972 (R.A. No. 6425, as amended)

5) Heinous Crimes Act (R.A. No. 7659, as amended)

6) Anti-Fencing Law (P.D. No. 1612): mere possession of any article of value which has been the
subject of theft or robbery shall be prima facie evidence of fencing. The burden is upon the accused
to prove that he or she acquired the jewelry legitimately.

7) Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as amended): entering into a contract grossly
disadvantageous to the government.

8) Indeterminate Sentence Law

9) Probation Law: a person is no longer qualified to apply for probation if he appeals from the
judgment of conviction by the trial court. P.D. No. 968, as amended by P.D. 1990, provides that no
application for probation shall be entertained or granted if the accused has perfected an appeal
from the judgment of conviction. In addition, an order by the court granting or denying probation
is not appealable (Section 4, P.D. 968, as amended).

10) Juvenile Justice and Welfare Act of 2006 (Rep. Act No. 9344), as amended by Rep. Act No. 10630:
Rep. Act No. 10630 was signed into law on 03 October 2013.

The amendments to the Juvenile Justice and Welfare Act read as follows:

SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been determined that the
child taken into custody is fifteen (15) years old or below, the authority which will have an initial
contact with the child, in consultation with the local social welfare and development officer, has the
duty to immediately release the child to the custody of his/her parents or guardian, or in the
absence thereof, the child’s nearest relative. The child shall be subjected to a community-based
intervention program supervised by the local social welfare and development officer, unless the
best interest of the child requires the referral of the child to a youth care facility or ‘Bahay Pag-asa’
managed by LGUs or licensed and/or accredited NGOs monitored by the DSWD.

The local social welfare and development officer shall determine the appropriate programs for the
child who has been released, in consultation with the child and the person having custody over the
child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following:

(a) A duly registered nongovernmental or religious organization;

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 (b) A barangay official or a member of the Barangay Council for the Protection of Children (BCPC);

(c) A local social welfare and development officer; or, when and where appropriate, the DSWD.

If the child has been found by the local social welfare and development officer to be dependent,
abandoned, neglected or abused by his/her parents and 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: Provided, That 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 Local Social Welfare and Development Office (LSWDO) pursuant to
Presidential Decree No. 603, as amended, otherwise known as ‘The Child and Youth Welfare Code’
and the Supreme Court rule on commitment of children: Provided, further, That the minimum age
for children committed to a youth care facility or ‘Bahay Pag-asa’ shall be twelve (12) years old.”

SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt From Criminal
Responsibility. – 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 Presidential Decree No. 603, 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 (IJISC).

In accordance with existing laws, rules, procedures and guidelines, the proper petition for
involuntary commitment and placement under the IJISC shall be filed by the local social welfare
and development officer of the LGU where the offense was committed, or by the DSWD social
worker in the local social welfare and development officer’s absence, within twenty-four (24) hours
from the time of the receipt of a report on the alleged commission of said child. The court, where
the petition for involuntary commitment has been filed shall decide on the petition within seventy-
two (72) hours from the time the said petition has been filed by the DSWD/LSWDO. The court will
determine the initial period of placement of the child within the IJISC which shall not be less than
one (1) year. The multi-disciplinary team of the IJISC will submit to the court a case study and
progress report, to include a psychiatric evaluation report and recommend the reintegration of the
child to his/her family or the extension of the placement under the IJISC. The multi-disciplinary
team will also submit a report to the court on the services extended to the parents and family of the
child and the compliance of the parents in the intervention program. The court will decide whether
the child has successfully completed the center-based intervention program and is already prepared
to be reintegrated with his/her family or if there is a need for the continuation of the center-based
rehabilitation of the child. The court will determine the next period of assessment or hearing on the
commitment of the child.

SEC. 20-B. Repetition of Offenses. – 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: Provided, That the child
was previously subjected to a community-based intervention program, shall be deemed a neglected
child under Presidential Decree No. 603, as amended, and shall undergo an intensive intervention
program supervised by the local social welfare and development officer: Provided, further, That, 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: Provided, finally, That 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
Presidential Decree No. 603, as amended.

SEC. 20-C. Exploitation of Children for Commission of Crimes. – 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-D. Joint Parental Responsibility. – Based on the recommendation of the multi-
disciplinary team of the IJISC, the LSWDO or the DSWD, the court may require the parents of a
child in conflict with the law to undergo counseling or any other intervention that, in the opinion
of the court, would advance the welfare and best interest of the child.

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 As used in this Act, ‘parents’ shall mean any of the following:

(a) Biological parents of the child; or

(b) Adoptive parents of the child; or

(c) Individuals who have custody of the child.

A court exercising jurisdiction over a child in conflict with the law may require the attendance of
one or both parents of the child at the place where the proceedings are to be conducted.

The parents shall be liable for damages unless they prove, to the satisfaction of the court, that they
were exercising reasonable supervision over the child at the time the child committed the offense
and exerted reasonable effort and utmost diligence to prevent or discourage the child from
committing another offense.

SEC. 20-E. Assistance to Victims of Offenses Committed by Children. – The victim of the offense
committed by a child and the victim’s family shall be provided the appropriate assistance and
psychological intervention by the LSWDO, the DSWD and other concerned agencies.

SEC. 22. Duties During Initial Investigation. – The law enforcement officer shall, in his/her
investigation, determine where the case involving the child in conflict with the law should be
referred.

The taking of the statement of the child shall be conducted in the presence of the following: (1)
child’s counsel of choice or in the absence thereof, a lawyer from the Public Attorney’s Office; (2)
the child’s parents, guardian, or nearest relative, as the case may be; and (3) the local social welfare
and development officer. In the absence of the child’s parents, guardian, or nearest relative, and
the local social welfare and development officer, the investigation shall be conducted in the
presence of a representative of an NGO, religious group, or member of the BCPC.

The social worker shall conduct an initial assessment to determine the appropriate interventions
and whether the child acted with discernment, using the discernment assessment tools developed
by the DSWD. The initial assessment shall be without prejudice to the preparation of a more
comprehensive case study report. The local social worker shall do either of the following:

(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen
(15) but below eighteen (18) years old, who acted without discernment; and

(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with
discernment, proceed to diversion under the following chapter.

Summary of Rep. Act No. 10630, which amended the Juvenile Justice and Welfare Act: Rep. Act
No. 10630 aims to protect the welfare of children in conflict with the law, majority of whom are
guilty of petty crimes such as petty theft, vagrancy and sniffing glue.

Under Rep. Act No. 10630, a child 15 years old and under at the time of the commission of the
crime, will be exempted from criminal liability.

However, the said child shall be subjected to a community-based intervention program supervised
by the local social welfare and development officer, unless the best interest of the child requires the
referral of the child to a youth care facility or Bahay Pag-asa managed by local government units
(LGUs) or licensed and/or accredited non-government organizations monitored by the Department
of Social Welfare and Development (DSWD).

Rep. Act No. 10630 provides that a child above 15 years but below 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 the appropriate proceedings in
accordance with this Act.

These minors may be civilly liable in accordance with existing laws.

A child who is above 12 years of age up to 15 years of age and who commits parricide, murder,
infanticide, kidnapping and serious illegal detention where the victim is killed or raped, robbery,

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 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 12 years of imprisonment, shall be deemed a neglected child under
Presidential Decree No. 603, as amended.

11) Anti-Child Abuse Act (Rep. Act No. 7610)

Child abuse refers to 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. (Rep. Act No.
7610, Sec. 3[b])

Children, whether male or female, who for money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed
upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are
not limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral

advertisements or other similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent
to engage such child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12)
years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and
Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as
the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve
(12) years of age shall be reclusion temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the
establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which engages in prostitution in addition to
the activity for which the license has been issued to said establishment. (Id., Sec. 5)

In People v. Larin (G.R. No. 128777, 07 October 1998), the law covers not only a situation in which
a child is abused for profit, but also one in which a child, through coercion or intimidation, engages
in any lascivious conduct. Hence, the foregoing provision penalizes not only child prostitution, the
essence of which is profit, but also other forms of sexual abuse of children.

12) Anti-Photo and Video Voyeurism Act of 2009 (Rep. Act No. 9995)

Photo or video voyeurism is the act of taking photo or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing an image of the private area of a person
or persons without the latter's consent, under circumstances in which such person/s has/have a

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 reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones and similar means or device without the written
consent of the person/s involved, notwithstanding that consent to record or take photo or video
coverage of same was given by such person or persons. (Rep. Act No. 9995, Sec. 3 [d]).

Prohibited acts under Rep. Act No. 9995:

(a) To take photo or video coverage of a person or group of persons performing sexual act or any
similar activity or to capture an image of the private area of a person/s such as the naked or
undergarment clad genitals, public area, buttocks or female breast without the consent of the
person/s involved and under circumstances in which the person/s has/have a reasonable
expectation of privacy;

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording
of sexual act or any similar activity with or without consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual
act, whether it be the original copy or reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast

media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar
activity through VCD/DVD, internet, cellular phones and other similar means or device.

The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to
record or take photo or video coverage of the same was given by such person/s. Any person who
violates this provision shall be liable for photo or video voyeurism as defined herein. (Id., Sec. 4)

13) Anti-Trafficking in Persons Act of 2003 (Rep. Act No. 9208)

Trafficking in Persons - refers to 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.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the
means set forth in the preceding paragraph. (Rep. Act No. 9208, Sec. 3[a]).

Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit
any of the following acts:

(a) To recruit, 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, involuntary
servitude or debt bondage;

(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national,
for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or
slavery, involuntary servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for
the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;

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 (e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(g) 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; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
(Id., Sec. 4)

Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate
trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for
the purpose of promoting trafficking in persons;

(b) 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;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, including the use of information technology
and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in
persons;

(d) 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;

(e) To facilitate, assist or help in the exit 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;

(f) 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; and

(g) 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. (Id., Sec. 5)

Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-
Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed
by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating
with one another. It is deemed committed in large scale if committed against three (3) or more
persons, individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

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 (g) 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). (Id., Sec. 6)

14) Human Security Act of 2007 (Rep. Act No. 9372)

Terrorism is a crime against the Filipino people, against humanity and against the law of nations
which sows and creates a condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful demand. (Rep. Act No. 9372,
Sec. 2 in rel. to Sec. 3)

Terrorism is committed by any person who engages in any of the following acts punishable under
the Revised Penal Code:

1. Piracy in general and Mutiny in the High Seas or in the Philippine Water
2. Rebellion
3. Coup d’etat
4. Murder
5. Kidnapping and Serious Illegal Detention

Terrorism is likewise committed by any person who engages in any of the following acts punishable
under special penal laws:

1. Arson under P.D. 1613

2. Violation of R.A. 6969 ( Toxic Substance ad Nuclear Waste Control)
3. Rep. Act No. 5207 ( Atomic Energy Regulatory and Liability Act of 1968)
4. Hijacking
5. Piracy in Philippine Waters and Highway Robbery
6. P.D. 1866 ( Possession and Manufacture of Firearms/explosives)

Elements of Terrorism:
1. The accused ( may be a single individual or a group) must commit any of the above-
enumerated crimes;
2. The act or acts sow and create a condition of widespread and extraordinary fear and
panic among the populace;
3. The purpose must be to coerce the government to give in to an unlawful demand.

Other Acts/Persons Liable under Rep. Act No. 9372:

1. Conspiracy to commit terrorism. The penalty is the same as terrorism itself (40 years of
imprisonment)
2. Accomplices- they cooperate in the execution of either terrorism or conspiracy to commit
terrorism by previous or simultaneous acts. The penalty is 17 years, 4 months and 1 day to
20 years)
3. Accessory-The acts punished are the same as that under Article 19 of the RPC. The penalty
is 10 years and 1 day to 12 years

The law however adopts the absolutory cause of exemption of accessories from liability with
respect to their relatives.

15) Comprehensive Law on Firearms and Ammunitions (Rep. Act No. 10591)

If the violation of Rep. Act No. 10591 is committed in furtherance of, or incidental to, or in
connection with the crime of rebellion, insurrection or attempted coup d’etat, the violation shall be
absorbed as an element thereof.

If the crime is committed without using the loose firearm but the same is possessed by the accused,
the violation shall constitute a separate offense.

If the use of the loose firearm is inherent in the commission of a crime punishable under the Revised
Penal Code or other special law, it shall be considered a special aggravating circumstance. This rule
applies in Art. 155 (1) involving Alarms and Scandal with the discharge of a firearm in any town or
public place calculated to cause alarm or danger, and in Art. 254 involving the discharge of the
firearm.

16) Anti-Violence Against Women and Children (Rep. Act No. 9262)

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 Violence against women and their children refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a common child, or against her
child whether legitimate or illegitimate, within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It
includes, but is not limited to, the following acts:

1. Physical violence refers to acts that include bodily or physical harm;

2. Sexual violence refers to an act which is sexual in nature, committed against a woman
or her child. It includes, but is not limited to: rape, sexual harassment, acts of
lasciviousness, treating a woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual parts of the victim's body,
forcing her/him to watch obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same room with the
abuser; acts causing or attempting to cause the victim to engage in any sexual activity
by force, threat of force, physical or other harm or threat of physical or other harm or
coercion; Prostituting the woman or child.
3. Psychological violence refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to witness the physical,
sexual or psychological abuse of a member of the family to which the victim belongs,
or to witness pornography in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to custody and/or visitation of common
children.
4. Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following: withdrawal of financial
support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common; destroying
household property; controlling the victims' own money or properties or solely
controlling the conjugal money or properties.

Battery refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.

Battered Woman Syndrome refers to a scientifically defined pattern of psychological and

behavioral symptoms found in women living in battering relationships as a result of cumulative
abuse.

Stalking refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance
directly or indirectly or a combination thereof.

Dating relationship refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing basis during the
course of the relationship. A casual acquaintance or ordinary socialization between two individuals
in a business or social context is not a dating relationship.

Sexual relations refers to a single sexual act which may or may not result in the bearing of a
common child.

Safe place or shelter refers to any home or institution maintained or managed by the Department
of Social Welfare and Development (DSWD) or by any other agency or voluntary organization
accredited by the DSWD for the purposes of this Act or any other suitable place the resident of
which is willing temporarily to receive the victim.

Children refers to those below eighteen (18) years of age or older but are incapable of taking care
of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological
children of the victim and other children under her care. (Rep. Act No. 9262, Sec. 3)

Acts of Violence Against Women and Their Children. The crime of violence against women and
their children is committed through any of the following acts:

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 (a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm;

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or restricting the woman's or her child's
freedom of movement or conduct by force or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against the woman or child. This shall include, but
not limited to, the following acts committed with the purpose or effect of controlling or restricting
the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to
her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support
legally due her or her family, or deliberately providing the woman's children insufficient
financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business
or activity or controlling the victim's own mon4ey or properties, or solely controlling the
conjugal or common money, or properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which
does not constitute rape, by force or threat of force, physical harm, or through intimidation directed
against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that
alarms or causes substantial emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:

(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;

(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. (Id., Sec. 5)

Additional Notes:

1. ***Piracy (Crime against National Security): Piracy under Art. 122 of the Revised Penal
Code is committed by any person who, not being a member of the complement nor a passenger,
shall, on the high seas, attack or seize a vessel, its equipment or personal belongings of its
complement or passengers.

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 While under Art. 122 of the Revised Penal Code the scene of the attack is the high seas, under Rep.
Act No. 7659, as amended (Heinous Crimes Law), even if the attack is in Philippine waters, there is
still piracy (Section 3, Rep. Act No. 7659).

While Article 122 limits the offenders to non-passengers or non-members of the crew, P.D. No. 532
states that the attack upon or seizure of any vessel, or taking away of the whole or part thereof, or
its cargo, equipment or personal belongings of its complement or passengers committed by any
person including a passenger or member of the complement of said vessel shall be considered
Piracy.

The following circumstances qualify Piracy, punishable by reclusion perpetua:

(a) Whenever they have seized a vessel by boarding or firing upon the same;
(b) Whenever they abandoned their victims without means of saving themselves; and
(c) Whenever the crime is accompanied by Murder, Homicide, Physical Injuries or Rape (Sec. 3,
Rep. Act No. 7659).

Qualified Piracy has been categorized as a heinous crime.

Mutiny on the High Seas carries the same penalty. Mutiny on the High Seas may be defined in the
following manner: at sea, mutiny consists in attempts to usurp the command of the vessel from the
master, or to deprive him in the free and lawful exercise of his authority; the overthrowing of the
legal authority of the master, with an intent to remove him, against his will, and the like.” (Moreno,
Philippine Law Dictionary at 614).

2. As to penalties under the Revised Penal Code:

Reclusion perpetua – 20 years and 1 day to 40 years

Reclusion temporal – 12 years and 1 day to 20 years

Prision mayor – 6 years and 1 day and 12 years (& temporary absolute/special disqualification)

Prision correccional – 6 months and 1 day to 6 years

Arresto mayor – 1 month and 1 day to 6 months

Arresto menor – 1 day to 30 days

Any person sentenced to any of the perpetual penalties (reclusion perpetua & perpetual
absolute/special disqualification) shall be pardoned after undergoing the penalty for 30 years, unless
such person by reason of his conduct or some other serious cause shall be considered by the Chief
Executive as unworthy of pardon.

3. Plunder. Threshold amount to be liable for the crime of plunder is PhP50Million.

Under Rep. Act No. 7080, plunder is committed when 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 criminal acts in the aggregate amount or total value of at least
PhP50Million.

Any person who participated with the said public officer in the commission of an offense
contributing to the crime of plunder shall likewise be punished for such offense. In the imposition
of penalties, the degree of participation and the attendance of mitigating and extenuating
circumstances, as provided by the Revised Penal Code, shall be considered by the court.

4. Nullum crimen, nulla poena sine lege. There is no crime where there is no law punishing it.

5. Ignorantia facti excusat. Mistake of fact excuses. U.S. v. Ah Chong, G.R. No. L-5272 March 19, 1910

6. Criminal liability shall be incurred by any person committing a felony although the wrongful act
done be different from that which he intended. (Art. 4[1])

Aberratio Ictus refers to mistake in the blow; if A, intending to kill B, fired at B but the shot grazed
C but killed D, A’s wife, A is criminally liable for Attempted Homicide with Parricide. When A shot
B, he was perpetrating a felony with the wrongful intent to kill B. The wrongful act committed was
the killing of his own wife which he never intended.

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 In a related case, People v. Guillen (85 Phil. 307), the accused threw a hand grenade at President
Roxas but killed Simeon Varela and injured several people. Guillen was found fuilty of Murder with
Assault and Multiple Attempted Murder.

Error in Personae refers to a mistake in the identity of the victim. In People v. Oanis, (74 Phil. 257)
2 peace officers were ordered to arrest Balagtas, an escaped convict, and proceeding to the latter’s
house, saw a man sleeping with his back towards the door and fired at him. The man turned out to
be Serapio Tecson. In this case, the Court ruled that the 2 peace officers are guilty of murder.

When the 2 peace officers fired on the sleeping man without making any inquiry and believing him
to be the notorious escaped convict Balagtas, the peace officers were committing a felony. Their
wrongful intent was to hit or kill Balagtas but the wrongful act that was done was the killing of
Serapio Tecson.

Praeter Intentionem refers to the fact that the injurious result is greater than that intended. If X
punched his friend Y who fell on the ground, which caused Y to hit his head on the cemented road
rendering him comatose and who subsequently died, X will be liable for Homicide. When X slapped
his friend, X was committing a felony. His wrongful intent was only to cause injury to Y, but the
wrongful act committed was greater, which involved the killing of Y, his friend.

7. Technical malversation (Illegal use of Public Funds or Property under Art. 220 of the Revised Penal
Code). The elements of technical malversation are:

1. The offender is a public officer;

2. There is public fund or property under his administration;
3. Such public fund or property has been appropriated by law or ordinance;
4. The public officer applies the same to a public use other than that for which such fund or
property has been appropriated by law or ordinance.

8. Malversation of Public Funds or Property under Art. 217 of the Revised Penal Code. The elements
of Malversation of public funds or property are:

1. The offender is a public officer;

2. The offender had the custody or control of funds or property by reason of the duties of his office;
3. Those funds or property were public funds or property for which he was accountable; and
4. The offender appropriated, took, misappropriated or consented or, through abandonment or
negligence, permitted another person to take them.

9. Malversation distinguished from Estafa:

1. The public or private character of the accused;

2. The nature of the funds;
3. The fact that conversion is not required in malversation;
4. The rule that there is no need of prior demand in malversation; and
5. The absence of a requirement of damage in malversation.

Malversation may be committed through abandonment or negligence. Negligence is the omission

to do something which a reasonable man, guided by those considerations which ordinarily regulate
the conduct of human affairs, would do, or the doing of something which a prudent and reasonable
man would do.

The failure of a public officer to have duly forthcoming any public funds or property with which he
is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he
has put such missing funds or property to personal use.

2018 Quizzer on Criminal Law Page 17

Dean J. P. Villasor