This document summarizes key provisions from several Philippine laws:
1. The Anti-Terrorism Law makes conspiracy to commit terrorism punishable by 40 years imprisonment. Mere proposal to commit terrorism is not punishable, but conspiracy which involves an agreement and plan is.
2. The Anti-Cattle Rustling Law requires taking another's large cattle without consent for conviction. Intent or violence is not required.
3. Illegal possession of firearms may be tried separately from other offenses only if the other offense is not one enumerated in RA 8294 like rebellion or homicide.
This document summarizes key provisions from several Philippine laws:
1. The Anti-Terrorism Law makes conspiracy to commit terrorism punishable by 40 years imprisonment. Mere proposal to commit terrorism is not punishable, but conspiracy which involves an agreement and plan is.
2. The Anti-Cattle Rustling Law requires taking another's large cattle without consent for conviction. Intent or violence is not required.
3. Illegal possession of firearms may be tried separately from other offenses only if the other offense is not one enumerated in RA 8294 like rebellion or homicide.
This document summarizes key provisions from several Philippine laws:
1. The Anti-Terrorism Law makes conspiracy to commit terrorism punishable by 40 years imprisonment. Mere proposal to commit terrorism is not punishable, but conspiracy which involves an agreement and plan is.
2. The Anti-Cattle Rustling Law requires taking another's large cattle without consent for conviction. Intent or violence is not required.
3. Illegal possession of firearms may be tried separately from other offenses only if the other offense is not one enumerated in RA 8294 like rebellion or homicide.
ANTI-TERRORISM LAW (RA 9372 – HUMAN SECURITY ACT OF 2007)
Q: Is mere conspiracy to commit terrorism a punishable offense?
A: YES. Persons who conspire to commit the crime of terrorism shall suffer the penalty of 40 years of imprisonment. (Sec. 40).
Q: When is there a conspiracy?
A: There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as Defined in Section 3 thereof and decide to commit the same.
Q: Is mere proposal to commit terrorism a punishable offense?
A: NO. The law punishes only conspiracy, not proposal to commit terrorism. A person who has decided to commit terrorism who proposes its execution to another person is not punishable under the law.
Q: What is the prescriptive period for the police officer to file criminal complaint for terrorism with the Public Prosecutor’s Office?
A: Within 30 days from the termination of the period granted by the Court of Appeals.
Q: Which Court may authorize to examine Bank deposits, accounts and records?
A: The Justices of the Court of Appeals designated as a special court to handle anti-terrorism.
Q: Are the provisions of Book 1 of the Revised Penal Code applicable to the Anti-Terrorism Law?
A: YES, by express provision of Sec. 52 of the law. The applicable penalties conform to the classification even under Book II of the Revised Penal Code. Terrorism is inherently evil, and is therefore a crime mala in se governed by the provisions of Book I of the Revised Penal Code.
26. P.D. 533 - ANTI-CATTLE RUSTLING LAW OF 1974
Conviction for cattle-rustling necessitates the concurrence of the following elements: (1) large cattle is taken; (2) it belongs to another; (3) the taking is done without the consent of the owner or raiser; (4) the taking is done by any means, method or scheme; (5) the taking is done with or without intent to gain; and (6) the taking is accomplished with or without violence or intimidation against persons or force upon things.
Considering that the gravamen of the crime is the taking or killing of large cattle or taking its meat or hide without the consent of the owner or raiser, conviction for the same need only to be supported by the fact of taking without the cattle owner’s consent. ( Pil-ey vs. People, G.R. No. 154941, July 9, 2007, 527 SCRA 76)
27. ILLEGAL POSSESSION OF FIREARMS
CELINO vs. COURT OF APPEALS G.R. No. 170562, June 29, 2007, 526 SCRA 195
When the other offense involved is one of those enumerated under RA 8294, any information for illegal possession of firearms should be quashed because the illegal possession of firearm would have to be tried together with such other offense, either considered as an aggravating circumstance in murder or homicide, or absorbed as an element of rebellion, insurrection, sedition or attempted coup d’etat.
Conversely, when the other offense involved is not one of those enumerated under RA 8294, then the separate case for illegal possession of firearm.
28. P.D. 705: FORESTRY REFORM CODE OF THE PHILIPPINES
TIGOY vs. COURT OF APPEALS G.R. No. 144640, June 26, 2006, 492 SCRA 539
There are two ways of violating the said Section 68 of PD 705: (1) by cutting, gathering and/or collecting timber or other forest products without a license; and (2) by possessing timber or other forest products without the required legal documents.
In offenses considered as mala prohibita or when the doing of an act is prohibited by a special law as in the present case, the commission of the prohibited act is the crime itself. It is sufficient that the offender has the intent to perpetrate the act prohibited by the special law and that it is done knowingly and consciously.
29. R.A. 7610: SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
PEOPLE vs. DELANTAR G.R. No. 169143, February 2, 2007, 514 SCRA 115
Section 5, Article III of RA 7610 punishes not only the person who commits the acts of sexual intercourse or lasciviousness conduct with the child but also those who engage in or promote, facilitate or induce child prostitution.
NAVARETTE vs. PEOPLE G.R. No. 147913, January 31, 2007, 513 SCRA 509
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. The very title of Section 5, Article III (Child Prostitution and Other Sexual Abuse) of RA 7610 shows that it applies not only to a child subjected to prostitution but also to a child subjected to other sexual abuse. A child is deemed subjected to “other sexual abuse” when he or she indulges in lascivious conduct under the coercion or influence of any adult. Here, BBB was sexually abused because she was coerced or intimidated by petitioner (who poked her neck with a knife) to indulge in lascivious conduct.
FELINA ROSALDES vs. PEOPLE OF THE PHILIPPINES G.R. No. 173988, October 8, 2014, 737 SCRA 592
FACTS: On February 13, 1996, seven year old Michael Ryan, a grade 1 pupil, was hurriedly entering his classroom when he accidentally bumped the knee of his teacher, Rosaldes, who was then asleep on a bamboo sofa.
Roused from sleep, Rosaldes asked Michael Ryan to apologize to her. Michael Ryan did not obey but instead proceeded to his seat. Rosaldes went to Michael and pinched him on his thigh, held him up by his armpits and pushed him to the floor causing him to hit a desk and, consequently, losing his consciousness.
Rosaldes contends that she did not deliberately inflict the physical injuries suffered by Michael Ryan to maltreat or malign him in a manner that would debase or degrade his dignity. She avers that her maltreatment is only an act of discipline that she as a school teacher could reasonably do towards the development of the child.
ISSUE: Whether Rosaldes is guilty of the crime of child abuse punishable under RA 7610.
HELD: YES. Rosaldes is guilty of violation of RA 7610. Although, as a school teacher, she could duly discipline Michael Ryan as her pupil, her infliction of the physical injuries on him was unnecessary, violent and excessive. The boy even fainted from the violence he suffered at her hands.
Section 3 of RA 7610 defines child abuse as maltreatment, whether habitual or not, of the child which includes any of the following: any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being.
The act need not be habitual. The physical pain experienced by the victim had been aggravated by an emotional trauma that caused him to stop going to school altogether out of fear of Rosaldes, compelling his parents to transfer him to another school where he had to adjust again.
Such established circumstances proved beyond reasonable doubt that Rosaldes was guilty of child abuse by deeds that degraded and demeaned the intrinsic worth and dignity of Michael Ryan as a human being.