Special Penal Laws  Employee may be charged with sexual harassment by another employee – moral

ascendancy is required
 There may be principal by direct participation and principal by induction – Any
RA 7877 – ANTI-SEXUAL HARASSMENT ACT person who directs or induces another to commit any act of sexual harassment as herein
defined, or who cooperates in the commission thereof by another without which it would not
• Limited scenario – have been committed, shall be liable under this Act.
1. Work-related or employment environment  Employers or Head Officers may be liable solidarily for damages, if sexual
2. Education environment harassment is committed and no immediate action is taken.
3. Training related activities or environment

• Possible offenders –
RA 7610 – CHILD ABUSE LAW
 Committed by employer, manager, supervisor, co-employee, agent of the
employer, teacher, instructor, professor, coach, trainor or any other person. – • Possible Offenders –
maybe committed by a man or woman
1. Those who engage, promote, facilitate or induce child prostitution
 Offender has authority, influence, and moral ascendancy 2. Those who commit the act of sexual intercourse or lascivious conduct with a
 Involves a demand, request or requirement of sexual favor child exploited in prostitution or subjected to sexual abuse
 Acceptance - immaterial
3. Those who derive profit or advantage from it – Manager or owner of the
establishment where child prostitution takes place
• Commission in work-related or employment environment –
 Sexual favor as condition in the following : • Attempt to commit child prostitution under RA 7610 –
i. hiring 1. Any person found alone with the child in hidden or secluded area under
ii. employment circumstance which leads a reasonable person to believe that a child is about
iii. re-employment to be exploited in prostitution and other sexual abuse, except if he is a relative
iv. continued employment 2. Any person who receives services from a child in a sauna parlor or bath,
v. granting of favorable compensation, terms of condition, massage clinic, health club and other similar establishment
promotions or privileges
 Refusal to grant sexual favor results in limiting, segregating or classifying • Elements of child prostitution –
employees that will discriminate, deprive or diminish employment
 Engaging in sexual intercourse or acts of lasciviousness with a child
opportunities or otherwise adversely affect the employee
 It is for money or profit or due to coercion
 The acts impairs employee rights and privileges under labor laws
 Acts results in an intimidating, hostile or offensive environment for employee
 Victim may be male or female child
 Child below 12 years old – Statutory rape or acts of lasciviousness
• Commission in educational or training environment –
 Child is between 12 and 18 years old – Prosecution under RA 7610
 Victims include following :
 Child trafficking – is an act of buying and selling a child for money, or any other
i. One who is under the care, custody or supervision of the
consideration or barter
offender
ii. One whose education, training, apprenticeship or tutorship is
entrusted to the offender
 Sexual favor as condition to the giving of passing grade, granting honors or RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF
scholarship, or payment of a stipend, allowance or other benefits, privileges 2004
or consideration
 Acts result in an intimidating, hostile or offensive environment for the  Battered Woman Syndrome – refers to a scientifically defined pattern of
student, trainee or apprentice psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.
 In rape, grave abuse of authority is required. If acquitted, prosecution on sexual  Victim-survivors suffering from BWS do not incur criminal liability even in the
harassment may be made. absence pf any of the elements of justifying circumstances of self-defense
under the RPC
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  Battery – refers to any act of inflicting physical harm upon the woman or her child
resulting to physical and psychological emotional distress
PEOPLE v GENOSA Jan 15, 2004 To be considered a battered woman, the accused and her
spouse must go through the battering cycle at least twice. If a woman is in an abusive relationship
with a man and it occurs the second time but remains in the situation, then she is considered a
battered woman.
RA 8049 – ANTI-HAZING LAW
• Possible Offenders –
1. Officers and members of fraternity, sorority or organization who actually
participated in the infliction of physical harm [PRINCIPAL]
2. Officers or member who knowingly cooperated in carrying out the hazing by
inducing the victim to be present in it [PRINCIPAL]
3. Parents, if hazing is held in the home of once of the officers or members of the
fraternity, group or organization when they have actual knowledge of the
hazing conducted but failed to prevent it from happening [PRINCIPAL]
4. Officers, former officers, or alumni involved in the actual planning of the hazing
even if absent during hazing [PRINCIPAL]
5. Fraternity or sorority adviser who is present during hazing and failed to take
action to prevent it from happening [PRINCIPAL]
6. President, manager, director or other responsible officer of a corporation
engaged in hazing as a requisite for employment [PRINCIPAL]
7. School authorities and faculty member who – [ACCOMPLICE]
i. Consents to the activity, or
ii. Has actual knowledge but failed to take any action to prevent it
from happening
8. Owner of the place where hazing is conducted is he has actual knowledge of the
hazing but failed any action to prevent it from happening [ACCOMPLICE]
• Qualifying circumstances – Max. penalty
 Recruitment accompanied by force, violence, threat, intimidation or deceit on
the recruit who refuses to join
 Recruit, neophyte or applicant initially consent to join but prevented from
quitting when he learned that there shall be a hazing
 Recruit, neophyte or applicant is prevented from reporting hazing through
force, violence, threat or intimidation
 Hazing is committed outside the school or institution
 At the time of hazing, the victim us below 12 years old
• When is hazing punishable?
 Physical injury
 Death
 Presence during hazing is prima facie evidence of participation as principal unless
he prevented the commission of hazing – without qualification
Special Penal Laws
 Mitigating circumstance of no intention to commit so grave a wrong – not available
in the crime of hazing even if there is no intention to kill – Death is not the result of
intention
 Hazing – initiation rite as a prerequisite for membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant in some humiliating
situations, including forcing him to do menial, silly, foolish and similar acts or
subjecting him to physical or psychological suffering or injury
 Physical, mental or psychological training duly approved is not hazing
 Hazing covers both killing and the infliction of physical injuries
RA 8294 – LAW PENALIZING ILLEGAL POSSESSION OF FIREARMS AND
EXPLOSIVES
• Scope of unlicensed firearms –
 Firearms with expired license, or
 Unauthorized use of licensed firearm in the commission of the crime
• Acts punished –
1. Unlawful manufacture, sale, acquisition or disposition of firearms and
ammunitions
2. Unlawful manufacture, sale, acquisition or disposition of explosives
3. Tampering of firearm serial number
4. Repacking or altering the composition of lawfully manufactured explosives
5. Unauthorized issuance of authority to carry firearms or ammunitions outside of
residence
• Possible Offenders –
1. a. Any person who unlawfully manufacture, deal, acquire, dispose or possess
any
 Low-powered firearm
 Part of a firearm
 Ammunition
 Machinery, tool or instrument used or intended to be used in the
manufacture of any firearm or ammunition
b. The owner, president, manager, director or other responsible officer of any
company who willfully, or knowingly allow any of the firearms owned by it to be
used by any person found guilty of violating the provisions of this act without
legal authority to be carried outside of their residence in the course of
employment
2. Any person who carries any licensed firearm outside his residence without
legal authority to do so
3. a. Any person who unlawfully manufacture, assemble, deal, acquire, dispose
or possess –
 Hand grenades
 Rifle grenades
 Other explosives
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  Other incendiary devices capable of producing destructive effect on ii. lacks authority or license to possess the same
contiguous objects or causing injury or death While mere possession without criminal intent is sufficient to convict a person for illegal
possession of firearm, it must still be shown that there was animus possidendi or an intent to
b. Any person who shall unlawfully tamper, change, deface or erase the seria;
possess on the part of the accused. Criminal intent is the intent of the accused to commit an
number of any firearm offense with the use of an unlicensed firearm. It is not an important element for the conviction
4. Any person who shall unlawfully repack, alter or modify the composition of under this law. In order to be found guilty, it is sufficient that the accused had no authority or
any lawfully manufactured explosives license to possess and that he intended to possess it even if the possession was made in good
faith and without criminal intent.
PEOPLE v LADJAALAM 2000 No penalty for illegal possession, it is absorbed in an offense  Temporary, incidental, casual, or harmless possession of firearms is not punishable.
which may carry a heavier penalty. Conviction for illegal possession may be evaded on conviction Example is when a person picks up a weapon or hands it to another to examine or
for illegal possession by committing lighter offense, like alarms and scandals. hold for a moment.
 Transient possession is not sufficient to convict one. Example is on where the
Act What is the crime? accused stole a firearm and is in possession of the same when arrested.
Illegal possession only – no other crime Illegal possession  Animus possidendi is a state of mind that may be proven by prior and coetaneous acts
Illegal possession is not a separate of the accused and the surrounding circumstances.
offense. It is not an aggravating Possession to convict one under PD 1866 – one where the accused possessed a firearm either
circumstance. Offender is free from physically or constructively with animus possidendi or intention to possess it.
Other crimes, except murder or homicide charges of illegal conviction
Murder or homicide with a special
aggravating circumstance of illegal RA 7080 – AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER – read
Murder or homicide possession page 117 ateneo notes
Rebellion or insurrection, sedition, or
Rebellion or insurrection, sedition, attempted coup d’etat. Illegal possession • Possible offenders –
attempted, coup d’etat is absorbed as an element of it 1. Public officer
2. Any private person in conspiracy with the public officer
 Carrying of firearms outside ones residence during Gun Ban, 2 crimes are
committed –  Ill gotten wealth amounts to 50M and above – plunder coverage
1. Violation of PD 1866  If there is plunder and malversation, only one information shall be filed because
2. Violation of resolution on gun ban malversation is absorbed in plunder
 High powered firearm – those firearms with firing capability of full automatic and by  RA 1379 on forfeiture of ill gotten wealth – creates a presumption juris tantum.
burst of two or three. There is a presumption against the public officer or employee who acquires a
 Possession of machinery, tools or instrument used directly for manufacture of property grossly disproportionate to his income, that the property is unlawfully
firearms and ammunitions gives rise to a presumption of illegal manufacture of it acquired. It may be rebutted by contrary evidence.
 If crime is committed with the use of explosives, detonation agents or incendiary
device resulted to death of any person – it is an aggravating circumstance REPUBLIC v IAC April 17, 1989 In determining whether there is unexplained wealth or not, the
 Ownership of the firearm or ammunition is not a defense courts are not bound by the statement of assets and liabilities filed by the respondent.

PEOPLE v VERCHEZ June 15, 1994 Holding of firearm is illegal if there is no license or permit
to hold the same regardless of the period of possession. Control and management of the firearm RA 9372 – HUMAN SECURITY ACT OF 2007
is immaterial.
PEOPLE v VILLANUEVA July 15, 1997 Burden of proof is on prosecution. The following must
be proved – • Terrorism – is the commission of a person of any act punishable under any of the
 Existence of the subject firearm following provisions of the RPC
 Fact of ownership and possession of the accused 1. Art 122 – Piracy in General and Mutiny in the High Seas or in the
Philippine Waters
 No license or permit to possess the same
GONZALES v PEOPLE August 18, 1997 Retroactive effect of a lower penalty. 2. Art 134 – Rebellion or insurrection
PEOPLE v DELA ROSA Jan 16, 1998 Rodolfo’s intentions was to turn over the ammunitions 3. Art 134A – Coup d’etat, including acts committed by private persons
which is owned by the NPA and denies possession of the same. The essential elements of illegal 4. Art 248 – Murder
possession of firearms and exclusive are – 5. Art 267 – Kidnapping and Serious Illegal Detention
i. possess a firearm or explosives 6. Art 324 Crimes involving destruction
Special Penal Laws Page 3 of 12 Sheds
 Or Under –
7. PD 1613 – The Law on Arson
8. RA 6969 – Toxic Substance and Hazardous Nuclear Waster Control Act
of 1990
9. RA 5207 – Atomic Energy Regulatory and Liability Act of 1968
10. RA 6235 – Anti-Hijacking Law
11. PD 532 – Anti-Piracy and Anti-highway Robbery Law of 1974
12. PD 1866, as amended (Decree Codifying the Law on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives
Thereby sowing and creating 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
 Penalty = 40 years imprisonment without benefit of Parole
• Who are considered terrorist and outlawed organizations, associations or
group of persons?
 Any organization, association or group of persons organized for the purpose
of engaging in terrorism or although not organized for such purpose,
actually uses the acts to terrorize mentioned in this act or to sow and create
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.
- If evidence of guilt is not strong, he may be granted bail but
shall be subject to travel restrictions that he may only travel
within the city or municipality where he resides or where the
case is pending
- Such person may be placed under house arrest by court
order at his usual place of residence. When under house
arrest he may not use any items as a means of
communication with people outside the residence until
ordered by the court.
Sec 4. Conspiracy to commit terrorism
 There is conspiracy – when two or more persons come to an agreement
concerning the commission of the crime of terrorism and decide to commit the
same
 Penalty = 40 years imprisonment
Sec 5. Accomplice
 Penalty = 17 years, 4 months one day to 20 years of imprisonment
Sec 6. Accessory
 Who may be an accessory/
+ Any person who has knowledge of the commission of the crime of terrorism
or conspiracy to commit terrorism, and without having participated therein,
Special Penal Laws
either as principal or accomplice under articles 17 and 18 RPC, takes part
subsequent to its commission in any of the following manner
a. by profiting himself of assisting the offender to profit by the
effects of the crime
b. by concealing or destroying the body of the crime, or the effects,
or instrument thereof in order to prevent its discovery
c. by harboring, concealing or assisting in the escape of the
principal or conspirator of the crime
 Notwithstanding the above, the penalties for accessories shall not be imposed
upon those who are such with respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers and sisters, or relatives
by affinity within the same degree, with the single exception of accessories
falling within the provision of subpar a
 Penalty = 10 years 1 days to 12 years of imprisonment
Sec 7. Surveillance of Suspects and interception and recording of
communications
GR : RA 4200 Anti-wire tapping Law may be set aside if in pursuance to surveillance of
suspects and interception and recording of communications of terrorists – order from
CA required
EXC – Communications between
1. lawyers and clients
2. doctors and patients
3. journalists and their sources and confidential business correspondence
• Judicial authorization
 Requisites for judicial authorization by CA –
i. there is probable cause to believe based on personal knowledge
of facts or circumstances that the said crimes of terrorism or
conspiracy to commit terrorism has been committed or is being
committed, or is about to be committed
ii. there is probable cause to believe based on personal knowledge
of the facts or circumstances that evidence which is essential to
the conviction of any charged or suspected person for, or to the
solution or prevention of any crimes will be obtained
iii. there is no other effective means readily available for acquiring
such evidence
 Effective period = based on the length of time specified in the written
order but shall not exceed 30 days from receipt of written order. May be
extended only once but shall not exceed 30 days, provided that it is for
public interest.
• Custody of intercepted and recorded communications
 Deposited to the CA within 48 hours after expiration of the period fixed in a
sealed package with joint affidavit of the police officers, law enforcement
officials and members of his team.
Page 4 of 12 Sheds
 - False or untruthful statements or misrepresentation of material facts
in the joint affidavit shall be punishable under this act.
 It shall be considered a classified information.
- Unauthorized revelation of classified materials is punishable under
this act.
 To open the sealed package, a written application shall be made to the CA
- Any person who corrupts or destroys the data shall be liable
 Rule on custody of information same rule applies for custody of recordings,
intercepted information, etc as stated above.
 Rule on evidentiary value same as above.
 Bank officials and employees or member of the Board or financial institution
who refuses to allow the examination of deposits, placements, trust
accounts, assets and records in defiance of a court authorization shall be
held liable.

• Evidentiary value of deposited materials • Seizure and Sequestration –

 It is admissible against anybody in any judicial, legislative, administrative  The following may be seized and sequestered for the reason that it is
investigation, inquiry proceeding or hearing inimical to safety and security of the people or injurious to the interest of the
UNLESS - the same was procured in violation of the Act . In such case, the State –
aggrieved party may be allowed access to the sealed package and use the i. Deposits
contents thereof as evidence in the prosecution of the law enforcement ii. Outstanding balances
officers who tapped the same. iii. Placements
iv. Trust accounts
• Period of detention without judicial warrant of arrest – v. Assets
 3 days from the moment the charged or suspected person has been vi. Records in any bank or financial institutions
apprehended, arrested, detained or taken into custody. vii. Moneys
 The law enforcers shall present the suspected person before any judge at viii. Businesses
the suspect’s residence or any office nearest the place where the arrest ix. Transportation
took place before such person be detained x. Communication equipment, supplies and implements
 The arrested person shall be afforded the rights of the accused – right to xi. Property of whatever kind and nature belong to the terrorist
counsel, etc. BUT – accused upon authorization from the court may withdraw amounts for
 No threat, intimidation, coercion or an act which will inflict any form of the following –
physical pain, torment, mental, moral or psychological pressure that will 1. Reasonable needs of his family or counsel
vitiate free-will shall be made on the arrested person 2. Medical needs of his family
OTHERWISE – any evidence obtained from the said person shall be 3. Use of property
absolutely inadmissible in any proceeding.  Nature of seized, sequestered and frozen accounts – it is a property held in
trust by the bank or financial institution for such person. During the
• Judicial authorization required to examine bank deposits, accounts and pendency of the case, the government may use or dispose the same
records – Application thereof shall be filed in the CA subject to the approval of the court.
 Scope of the authorization given –  Disposition of the funds –
i. Examine, or cause the examination of the deposits, - If accused is acquitted – the seizure, sequestration and
placements, trusts, accounts, assets and records in a bank freezing of the same is automatically lifted
or financial institution - If convicted – automatically forfeited in favor of the
ii. Gather or cause the gathering of any relevant information government
about such deposits, placements, trust accounts, assets and  Unjustified refusal or delay in the restoration of the items shall be
records from a bank or financial institution punishable under this act.
 Persons whose bank accounts, etc. may be examined –  Loss, misuse, diversion or dissipation of the items shall be punishable
1. Those charges or suspected of the crime of terrorism or
conspiracy to commit terrorism • Infidelity in the Custody of detained persons
2. Those judicially declared and outlawed terrorist  Deliberate act, misconduct or excusable negligence of public officer thus
organization, association or group of persons and its causing or allowing the escape of detained persons is punishable under this
members act.
 Effective period = same period in judicial authorization for judicial
authorization for warrant of arrest • Trial proper
 There shall be a continuous trial from Monday to Friday
Special Penal Laws Page 5 of 12 Sheds
  Acquittal of accused or dismissal of the case shall not be a bar to another
prosecution for any offense or felony under the RPC or other special laws
necessarily included in the offense charged
 Damages of 500K per day for unproven charges of terrorism where the
accused was arrested without a warrant as a result of such accusation.
Criminal or administrative charges may also be filed against the law
enforcers.
• Commission on Human Rights
 Highest priority shall be given to the investigation and prosecution of
violations of civil and political rights of persons in relation to the
implementation of this act.
 Concurrent jurisdiction to prosecute public officials, law enforcer and other
persons who have violated the civil and political rights of the accused.
RA 9208 – LAW ON TRAFFICKING IN PERSONS
• Acts covered –
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, involuntary
servitude or debt bondage
2. 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
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
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 exploitation
5. To maintain or hire a person to engage in prostitution or pornography
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
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 and
8. To recruit, transport or adopt a child to engage in armed activities in the
Philippines or abroad.
Special Penal Laws
• Acts that promote trafficking –
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
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
3. 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
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
5. 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
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
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
• Who may file a complaint for trafficking?
 Any person who has personal knowledge of the commission of any offense
which includes –
i. Trafficked person
ii. Parents
iii. Spouse
iv. Siblings
v. Children
vi. Legal guardian
• Venue
a. where the offense was committed
b. where any of the elements occurred
c. where the trafficked person actually resides at the time of the commission
of the offense
• Prescriptive period
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  Generally, 10 years from the day the trafficked person is delivered or
released from the conditions of bondage
BUT – if committed by a syndicate or large scale, it is 20 years PD 1653 – MENDICANCY
 Interruption – filing of a complaint or information
Persons liable –
BUT – runs again when proceedings terminate without the accused being
1. Mendicant – those with no visible and legal means of support, or lawful
convicted or acquitted or are unjustifiably stopped for any reason not
employment and physically able to work but neglects to apply himself to lawful
imputable to the accused.
calling and instead uses begging as means of living – higher penalty if convicted
2 or more times
• Trial proper
2. Any person who abets mendicancy by giving alms on public roads, sidewalks,
 A closed-door investigation, prosecutor or trial may be order by the court parks and bridges except if given through authorized organized agencies
after considering all circumstances for the best interest of the parties.
 If it is closed door – it is shall be unlawful for any editor, publisher and  Persons below 18 years of age is exempt from prosecution under PD 1653 and
reporter or columnist in case of printed materials, announcer or producer to sniffing of rugby under PD 1619
cause publicity of any case of trafficking
 Any person who buys or engages the services of a trafficked person for
prostitution is also penalized
 A foreigner shall be deported after serving his sentence and shall be RA 3019 – ANTI-GRAFT AND CORRUPT PRACTICES ACT
permanently barred from entering the country
 Trafficked person who institutes a separate civil action for the recovery of Persons liable –
civl damages – exempt from payment of docket fee 1. Any public officer
 All proceeds and properties derived from the commission of the crime shall 2. Any person having family or close personal relation with any public official who
be forfeited in favor of the government shall capitalize or exploit or take advantage of such family or close personal
UNLESS – If it belongs to 3rd persons who are not liable for the unlawful act relation by directly or indirectly requesting or requesting or receiving any
 Trafficked persons are recognized as victim of trafficking and shall not be present, gift or material, or pecuniary advantage from any person having some
penalized for the crimes directly related to trafficking. business, transaction, application, request or contract with the government in
which such official has to intervene
 Consent of trafficked person is irrelevant
3. Any person who shall knowingly induce or cause any public official to commit
such offenses
4. Spouse or any relative by consanguinity or affinity within the 3rd civil degree of
 Trafficking in persons – refers to the recruitment, transportation, transfer, or
the President, Vice-President, President of the Senate or Speaker of the HR who
harboring, or receipt of persons with or without the victim’s consent or
shall intervene directly or indirectly, in any business transaction, contract or
knowledge, within or across national borders by means of threat or use of force,
application with the government
or other forms of coercion, abduction, fraud, deception, abuse of power or of
 Does not apply to –
position, taking advantage of the vulnerability of the person, or, the giving or
a. any person who, prior to the assumption of office of any of the above
receiving of payments or benefits to achieve the consent of a person having
officials to whom he is related, has been already dealing with the
control over another person for the purpose of exploitation which includes at a
government along the same line of business
minimum, the exploitation or the prostitution of others or other forms of sexual
b. any transaction, contract or application already existing or pending at
exploitation, forced labor or services, slavery, servitude or the removal or sale of
the time of such assumption of public office
organs. It shall also involve any of mean not set forth in the definition.
c. any application filed by him, the approval of which is not discretionary
 Sex tourism - refers to a program organized by travel and tourism-related
on the part of the officials concerned but depends upon compliance
establishments and individuals which consists of tourism packages or activities,
with requisites provided by law, or rules or regulations issued
utilizing and offering escort and sexual services as enticement for tourists. This
pursuant to law
includes sexual services and practices offered during rest and recreation periods
d. any act lawfully performed in an official capacity or in the exercise of
for members of the military.
a profession
 Sexual exploitation - refers to participation by a person in prostitution or the 5. Any member of the Congress, during the term for which he has been elected,
production of pornographic materials as a result of being subjected to a threat, who shall acquire or receive any personal pecuniary interest in any specific
deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or business enterprise which shall be directly and particularly favored or benefited
through abuse of a victim's vulnerability.

Special Penal Laws Page 7 of 12 Sheds

 by any law or resolution authored by him previously approved o adopted by
Congress during his term
6. Any public officer who recommended the initiation in Congress of an enactment
or adoption of a law or resolution and acquires or receives such interest during
his incumbency
7. Any public officer who shall fail to file a true and detail sworn statement of assets
and liabilities within 30 days after assuming office and thereafter on or before
April 15 following the close of the calendar year and upon the expiration of his
term of office or upon his resignation or separation from office
Acts punished –
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 influence to commit such offense
 Persuasion need not be successful.
2. Directly or indirectly requesting or receiving any gift, presence, share,
percentage or benefit for himself or for any other person in connection with any
contract or transaction between the government and ay other party wherein the
public officer in his official capacity has to intervene under the law
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
 If the act does not fall under 2 and 3, the crime is direct bribery
4. Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him or within one year after
its termination
 This act is mala prohibita. Thus, the public officer need not have
recommended the employment
5. Using any undue injury to any party including the Government, or giving any
private party any unwarranted benefits, advantages or preference in the
discharge of official, administrative or judicial function through manifest partiality,
evident bad faith or gross inexcusable negligence.
a. Applies to officers and employees of offices or government corporations
charged with the grant of licenses or permits or other concessions
b. Best defense – partiality is not manifest
c. Arias doctrine – this defense applies in a case where the accused is an
approving officer and is on trial for signing an unjust contract. The
defense that the approving officer relied on the prior signatures of his
subordinates and had no reason to suspect wrong-doing and was
swamped with a lot of documents on that day that he signed
d. No attempted or frustrated stage – only consummated stage
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
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favoring his own interest or giving undue advantage in favor of or discriminating
against any other interested party
7. Entering, on behalf of the Government, into contract or transaction manifestly
and grossly disadvantageous to the same, whether or not the public officer
profited or will profit thereby
8. Directly or indirectly having financial or pecuniary interest in any business,
contract, or transaction in connection with which he intervenes or take part in his
official capacity, or in which he is prohibited by the Constitution or by any law
from having any interest – he must divest his interest
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 the approval,
even if he votes against the same or does not participate in the action of the
board, committee, panel or group
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
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
Prima Facie evidence of and dismissal due to unexplained wealth –
1. If a public official has been found to have acquired during his incumbency,
whether in his name or in the name of other persons, an amount of property or
money manifestly out of proportion to his salary and to his other lawful income
2. Properties in the name of the spouse and dependents of such public official may
be taken into consideration, when their acquisition through legitimate means
cannot be satisfactorily shown
3. Bank deposits in the name of or manifestly excessive expenditures incurred by
the public official, his spouse or any of their dependents including but not limited
to activities in any club, association or any ostentatious display of wealth
including frequent travel abroad of a non-official character by any public official
when such activities entail expenses evidently out of proportion to legitimate
income
 Under the jurisdiction of Sandiganbayan
 Prescriptive period is 15 years, except – unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary token of gratitude of
friendship according to local customs or usage
 A public officer shall not be allowed to resign or retire pending an investigation
 Suspension while pending in court after valid information cannot be automatic and
the loss of benefits if convicted by final judgment; maximum duration of the
suspension is 90 days. In case of acquittal, reinstatement and salaries and benefits
which he failed to received
 Courts are not bound by the statement of assets and liabilities filed
 Penalty of forfeiture can be applied retroactively
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RA 6713 – Code of Conduct and Ethical Standards for Public Officials and
Employees
 Public office is a public trust.
 Main points of the law – accountability to the people and public interest
over private interest.
 Emphasis on conflict of interest
 Public Officer – elective, appointive, permanent, temporary, whether in
the career or non-career service including military and police personnel,
whether or not receiving compensation.
 In RA 3019, the public officer must be receiving compensation no matter
how nominal, whereas in RA 6713, he may not be a compensated PO.
 The offense does not include gifts that are unsolicited which are of nominal
value, not given in anticipation of or in exchange of a favor from a PO.
 Family shall include spouses and children below 18 years old. Relatives
shall include those related to the PO within the 4 th civil degree of affinity or
consanguinity
 Conflict of interest – arises when a PO is a member of a board, an officer
or stockholder of a private corporation or owner or has substantial interest
in a business and the interest of such corporation of business, or his rights
or duties therein, may be opposed to or affected by the faithful
performance of official duty.
 Norms and conduct – Professionalism, Justice and Sincerity, Simple
Living, Professionalism, Political Neutrality, Responsiveness to the public,
Nationalism and Patriotism, Commitment to public interest and
commitment to democracy.
 Duties of public officers –
1. Act promptly on letters and requests
2. Submit annual performance reports
3. Process documents and paper expeditiously
4. Act immediately on the public’s personal transactions
5. Make documents more accessible to the public
 Prohibited acts and transactions –
1. Financial and material interest. - Public officials and employees
shall not, directly or indirectly, have any financial or material
interest in any transaction requiring the approval of their office.
2. Own, control, manage or accept employment as officer, employee,
consultant, counsel, broker, agent, trustee or nominee in any
private enterprise regulated, supervised or licensed by their office
unless expressly allowed by law – 1 year prohibition applies
3. Engage in the private practice of their profession unless
authorized by the Constitution or law, provided, that such practice
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will not conflict or tend to conflict with their official functions – 1
year prohibition only applies to those in connection with any matter
before the office he used to be with
4. Recommend any person to any position in a private enterprise
which has a regular or pending official transaction with their office.
– 1 year prohibition applies
5. Disclosure and/or misuse of confidential information – to further
private interest, give undue advantage to another or to the
prejudice of public interest
6. Solicitation or acceptance of gift
 Allowed undertakings – Gifts or grants from foreign government, the
Congress consents to –
1. The acceptance and retention by a public official or employee of a
gift of nominal value tendered and received as a souvenir or mark
of courtesy
2. The acceptance by a public official or employee of a gift in the
nature of a scholarship or fellowship grant or medical treatment; or
3. The acceptance by a public official or employee of travel grants or
expenses for travel taking place entirely outside the Philippine of
more than nominal value if such acceptance is appropriate or
consistent with the interests of the Philippines, and permitted by
the head of office, branch or agency to which he belongs.
 Teaching of law by a member of the judiciary – allowed by law, provided
that a permit is acquired from the office of the court administrator.
 In case of Conflict of Interest –
1. Resignation in any private business enterprise within 30 days from
his assumption of office, or
2. Divest his shareholdings or interest within 60 days from
assumption, except –
a. Those who serve the government in an honorary capacity
b. Laborers and casual or temporary workers
 Ombudsman can dismiss employees even without criminal proceedings.
 Private individuals who participate in conspiracy as co-principals,
accessories or accomplices may be held liable under RA 6713.
RA 6539 – Anti-Carnapping Act
 Carnapping – is the taking, within intent to gain, of a motor vehicle belonging yo
another without the latter’s consent, or be means of violence, intimidation of
persons or force upon things.
 Motor vehicle shall be used in public highways. It may be one of the exempt motor
vehicles but if used in public highways, it is carnapping.
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 Exempt vehicles –
1. Used in public highways
2. Propelled by muscular power
3. Runs on trails and tracks
4. Used exclusively for agricultural purposes
 If there is a resulting death by reason of carnapping, crime is carnapping not
carnapping with homicide. It also includes the crime of rape.
People v Tan January 21, 2000 - There is no carnapping because the owner
consented to the test drive of the car and such consent was not withdrawn.
RA 1379 – An Act Declaring Forfeiture in Favor of the State any Property Found
to be unlawfully acquired – Unexplained wealth
 It is an administrative proceeding not a criminal prosecution. No penal
sanction but there is a penalty but involving a past act.
 It creates a presumption juris tantum against unexplained wealth of PO.
the respondent every opportunity to explain, to the satisfaction
of the court, how he had acquired the property in question
[Sec. 5, R.A. No. 1379.]
In sum, the presumption under Sec. 2 of R.A. No. 1379
that the subject properties were unlawfully acquired had been
successfully rebutted by private respondents through
competent evidence. Hence, the Intermediate Appellate Court
did not err in affirming the trial court's decision dismissing the
Republic's petition.
The provisions of the law creates a presumption
against the public officer or employee who acquires a property
grossly disproportionate to his income, i.e. that the property
was unlawfully acquired. However, this presumption is juris
tantum. It may be rebutted by the public officer or employee by
showing to the satisfaction of the court that his acquisition of
the property was lawful.

PD 533
ANTI-CATTLE RUSTLING LAW
Republic vs IAC and Simplicio Berdon
Cattle Rustling and Qualified Theft of Large Cattle - The crime of
G.R. No. 74225. April 17, 1989
cattle-rustling is defined and punished under Presidential Decree No. 533,
the Anti-Cattle Rustling law of 1974, as the taking by any means, method
The Court has carefully gone over the evidence presented
or scheme, of any large cattle, with or without intent to gain and whether
by private respondents, and like the trial court and the
committed with or without violence against or intimidation of person or
Intermediate Appellate Court, finds the acquisition of the
force upon things, so long as the taking is without the consent of the
subject properties satisfactorily explained.
owner/breed thereof. The crime includes the killing or taking the meat or
While respondent spouses had acquired properties and
hide of large cattle without the consent of the owner.
constructed a house the costs of which were disproportionate
to their combined incomes from their employment in the
Since the intent to gain is not essential, the killing or destruction
government, it had been proved that such were financed
of large cattle, even without taking any part thereof, is NOT a crime of
through a donation and loans.
malicious mischief BUT cattle-rustling.
The Solicitor General also makes much of the fact that the
statements of assets and liabilities filed by private respondent
The Presidential Decree, however, does not supersede the crime
Simplicio Berdon covering the years material to the case did
of qualified theft of large cattle under Article 310 of the Revised Penal
not accurately reflect the donation and the loans granted to
Code, but merely modified the penalties provided for theft of large cattle
private respondent spouses and that Simplicio's testimony in
and, to that extent, amended Articles 309 and 310. Note that the overt act
effect contradicts the entries in said statements. It must be
that gives rise to the crime of cattle-rustling is the taking or killing of
emphasized, however, that in determining whether or not there
large cattle. Where the large cattle was not taken, but received by the
is unexplained wealth within the purview of R.A. No. 1379 the
offender from the owner/overseer thereof, the crime is not cattle-rustling;
courts are not bound by the statements of assets and liabilities
it is qualified theft of large cattle.
filed by the respondent.* On the contrary, this statute affords
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Where the large cattle was received by the offender who
thereafter misappropriated it, the crime is qualified theft under Article
310 if only physical or material possession thereof was yielded to him. If
both material and juridical possession thereof was yielded to him who
misappropriated the large cattle, the crime would be estafa under Article
315 (1b).
Presidential Decree No. 533 is not a special law in the context of
Article 10 of the Revised Penal Code. It merely modified the penalties
provided for theft of large cattle under the Revised Penal Code and
amended Article 309 and 310. This is explicit from Section 10 of the
Presidential Decree. Consequently, the trial court should not have
convicted the accused of frustrated murder separately from cattle-
rustling, since the former should have been absorbed by cattle-rustling
as killing was a result of or on the occasion of cattle-rustling. It should
only be an aggravating circumstance. But because the information did
not allege the injury, the same can no longer be appreciated; the crime
should, therefore be only, simple cattle-rustling. (People v. Martinada,
February 13, 1991)
Presumption of cattle rustling (Sec. 7)
Every person having in his possession, control or custody of
large cattle shall, upon demand by competent authorities, exhibit the
documents prescribed in the preceding sections. Failure to exhibit the
required documents shall be prima facie evidence that the large cattle in
his possession, control, or custody are the fruits of the crime of cattle
rustling
Penalties (Sec. 8)
Irrespective of the value of the large cattle involved:
1. Without violence against or intimidation of persons or force
upon things - prision mayor in its maximum period to reclusion temporal
in its medium period
2. With violence against or intimidation of person or force upon
things - the penalty of reclusion temporal in its maximum period to
reclusion perpetua shall be imposed.
3. If a person is seriously injured or killed as a result or on the
occasion of the commission of cattle rustling - reclusion perpetua to
death
Special Penal Laws
If the property taken is a large cattle the crime falls under PD 533. If the
property taken is not a large cattle (but small cattle) then it is simple
theft.
Large Cattle = does not include goats (Pp vs. NAZARENO, infra) and pigs.
PEOPLE vs. HON. RAMON NAZARENO
G.R. No. L-40037. April 30, 1976
The legal issue in this case is whether the theft of two goats valued
at one hundred fifty pesos is qualified theft.
Private respondents were charged with qualified theft in Cebu
for having allegedly stolen two female goats valued at P150, penalized
under the RPC.
The Supreme Court ruled that goats cannot be categorized as
large and therefore larceny of two goats valued at P150.00 constitute
only simple theft punishable under Article 309(4) of the Revised Penal
Code,
We hold that the CFI and the Sol. Gen. are in error because the
theft of two goats is not qualified theft. It is simple theft. Goats do not
belong to the category of "large cattle" as contemplated in article 310
of the Revised Penal Code.
The term "cattle" refers to domesticated quadrupeds such as
sheep, horses and swine, or to bovine animals such as cows, bulls and
steers. The term "large cattle" in article 310 refers to ganado mayor
such as mules, as distinguished from ganado menor like sheep. Small
cattle are known as ganado lanar y cabrio. The terms lanar and cabrio
refer to sheep and goats, respectively.
Act No. 2030, which amended articles 503, 508, 512 and 520 of
the old Penal Code regarding theft of large cattle, provides that for
purposes of that law the term "large cattle" includes "carabaos,
horses, mules, asses, and all members of the bovine family" (Art. 367
of the Revised Penal Code repealed Act No. 2030).
According to the dictionary, the word "bovine" refers to animals
related to or resembling oxen or cows. They belong to the genus Bos
(Bovidae). While goats may be included in the term "cattle", or belong
to the bovine family (genus Capra), they cannot be included in the term
"large cattle". To include goats in the term "large cattle" would render
meaningless the adjective "large". The law evidently has made a
distinction between large cattle and small cattle.
As goats cannot be categorized as large cattle, the larceny of two
goats valued at P150 is simple theft punishable under article 309(4) of
the Revised Penal Code by imprisonment for two months and one day
of arresto mayor medium to two years and four months of prision
correccional minimum.
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ARTICLE 311
THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL
MUSEUM

Q: Mr. X took property from the national museum, what is the crime
committed?
A: the crime is theft of property of the national library or national
museum, not theft only. Reason: this is no ordinary theft, the penalty is
higher.

RA 6235 ACTS INIMICAL TO CIVIL AVIATION

Sec. 1. It shall be unlawful for any person 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.
An aircraft is in flight from the moment all its external
doors are closed following embarkation until any of such doors
is opened for disembarkation.
It shall likewise be unlawful for any person 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.
x x x
Sec. 3. It shall be unlawful for any person, natural or
juridical, to ship, load or carry in any passenger aircraft
operating as a public utility within the Philippines, and
explosive, flammable, corrosive or poisonous substance or
material.

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