OUTLINE REVIEWER IN CRIMINAL LAW

BY
DEAN ARTURO M. DE CASTRO
UNIVERSITY OF MANILA GRADUATE SCHOOL OF LAW

MEMORIZE ARTICLE 2 with particular emphasis on extra-territorial

application of Revised Penal Code and the Anti-Terror Law

CIRCUMSTANCES THAT AFFECT CRIMINAL LIABILITY

A. JUSTIFYING CIRCUMSTANCES - no crime, there is no criminal intent, no

criminal, and no civil liability except in avoidance of greater evil or injury, the
person benefitted is civilly liable to compensate the damage caused.

A.1 Self-defense or Defense of right

a.) Unlawful aggression

b.) Reasonable necessity of the means employed to repel it.
c.) Lack of sufficient provocation on the part of the person defending himself.

A.2 Defense of relatives or their rights, spouses, ascendants, descendants or

legitimate, natural or adopted brothers or sisters or relatives by affinity in the same
degree or those by consanguinity until the 4th civil degree.

a.) Unlawful Aggression

b.) Reasonable necessity of the means employed and repel it
c.) If the provocation was given by the person attacked, the one making the
defense has no part in it.
A.3 Defense of Stranger or his rights

a.) Unlawful Aggression

b.) Reasonable necessity of the means employed to repel it.
c.) The person defending is not induced by revenge, resentment, or other evil
nature.
A.4 Avoidance of Greater Evil or injury (State of Necessity)

a.) The evil sought to be avoided actually exists.

b.) The injury feared is greater than that done to avoid it.

A.6 Fulfillment of a duty or lawful exercise of right or office

A.7 Obedience to an order issued for some lawful purpose

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 B. EXEMPTING CIRCUMSTANCES – there is a crime but there is no criminal,
there is lack of intelligence (1 to 3), lack of criminal intent (4 and 7) and lack of
freedom (5 and 6)

B.1 An imbecile or insane person unless he acts during lucid intervals.

B.2 A person under 15 years old unless, he has acted with discernment.

B.3 Performance of lawful act with due care causes an injury by mere ACCIDENT
without fault or intention of doing it.

B.4 Compulsion of irresistible force.

B.5 Impulse of uncontrollable fear of an equal or greater injury.

B.6 Failure to perform an act required by law, when prevented by some lawful or
INSUPERABLE CAUSE.

C. MITIGATING CIRCUMSTANCES

A. One penalty based on lesser perversity by reason of diminished criminal intent,

freedom or intelligence in committing the crime.
B. Must be present prior to or simultaneously with the commission of the offense
except in voluntary surrender or confession of guilt.
C. Only one mitigating circumstances may arise from one and the same act.

1. INCOMPLETE JUSTIFYING OR EXEMPTING CIRCUMSTANCE

a.) Not all the requisites to justify or exempt the act are present. In incomplete
self-defense, defense of relatives and defense of strangers, unlawful
aggression must be present.
b.) In offenses committed in a state of calamity, the evil sought to be avoided
actually exists.
c.) Not applicable in insanity or minority
d.) Considered privileged mitigating circumstances that cannot be offset by
aggravating circumstances if majority of the elements are present.
Incomplete self-defense, defense of relative, defense of stranger.

2. BEING OVER UNDER 18 YEARS OF AGE OR OVER 70 YEARS

3. LACK OF INTENT TO COMMIT

No grave or wrong- Prater Intentionem

Transcribed By: Rosanie P. Remotin, JD
WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 4. PROVOCATION OF THREAT

a.) Personal-directed at the accused personally

b.) Unlawful and sufficient, adequate to arouse resentment
c.) Made immediately prior to the commission of the crime

5. VINDICATION OF A GRAVE OFFENSE

a.) Need only to be proximate not immediate

b.) Grave offense need not to be unlawful
People vs Diokno-eloping with the daughter

6. PASSION OR OBFUSCATION
a.) Unlawful age of the victim
b.) No appreciable lapse of time between the unlawful act and the vindication
c.) The unlawful act was committed by the victim.
Passional obfuscation must arise from lawful sentiments

7. VOLUNTARY SURRENDER AND PLEA OF GUILTY

Surrender must be voluntary, spontaneous and prior to the arrest.
Voluntary confession or by plea of guilty upon arraignment.

8. PHYSICAL DEFECTS- deaf and dumb, blind or suffering from physical defect
that restricts his means of action, defense or communication with the
fellowmen.

9. ILLNESS THAT DIMINISHES THE EXERCISE OF WILL POWER WITHOUT

DEPRIVING THE OFFENDER OF THE CONCIOUSNESS OF HIS ACTS.

10. SIMILAR AND ANALOGOUS CIRCUMSTANCES

D. AGGRAVATING CIRCUMSTANCES– these occur prior or simultaneously with

the commission of the crime that increase the imposable penalty.

CLASSIFICATION OF AGGRAVATION CIRCUMSTANCES

C.1 Generic – Generally applicable to all crimes

C.2 Specific – Apply only to particular crimes

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 a. Cruelty and Treachery applicable only to crimes against persons
b. Unlicensed firearms in robbery is only a specific aggravating circumstance in
murder or homicide under R.A 8294 amending PD 866
c. Abuse of authority or confidential information by guardians or curators in
abduction, rape, acts of lasciviousness, white slavery and corruption of minors
(ART 346)

C.3 Qualifying- change the nature of the crime from homicide to murder, treachery,
evident premeditation

C.4 Inherent- necessarily present in the crime not used in the definition

E.G.
• abuse of public officer in bribery
• Fraud in estafa
• Deceit in simple seduction, ignominy in rape
• Breaking of a wall or unlawful entry in robbery with force upon things

*Where the accused wound cogon grass aroused his penis in committing rape, the
aggravating circumstance was considered ignominy and not cruelty in People vs Torrefiel
et. Al (CA 45088) because at the time rape was a crime against chastity and not against
person. Now that rape is a crime against person, cruelty may be appreciated as
aggravating circumstance.

Ignominy may be appreciated in rape if consummated in the presence of the husband of

the victim producing the qualifying effect to increase the penalty (ART 266-B ; US vs Igria
et al (21 Phl 55).

E. SPECIAL AGGRAVATING – cannot be offset by mitigating circumstances

1. Quasi-Recidivism (Art 160)_

2. Complex Crime (Art 48)
3. Error in Personae (Art 49)
4. Taking advantage of public position and membership in organized syndicated
crime group (par. 1[a], Art. 62) which increases the penalty in the maximum
period.

AGGRAVATING CIRCUMSTANCES (ART.14)

1. ADVANTAGE OF PUBLIC POSITION

a. Must have abused his public position or it must have facilitated the commission
of the crime
Transcribed By: Rosanie P. Remotin, JD
WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 b. Not aggravating if inherent in the commission of the crime as in malversation of
public funds.

2. CONTEMPT OR INSULT TO PUBLIC AUTHORITIES

a. Person in authority is not the victim

b. His identity is known to the offender
c. Exercise of public function

3. DISREGARD OF RANK, AGE OR SEX OR COMMITTED IN A DWELLING

a.) Disregard of rank, age or sex- essentially applicable in crimes against person
and honor, not on crimes against property applicable in complex crime of
robbery with homicide because of homicide.
b.) Rank – deliberate intent to offend the rank, age or sex of the victim.
• Age may be old age or tender age

4. DWELLING

a.) The crime is committed in whole or in part in the dwelling or an integral part
thereof

b.) Used exclusively for dwelling purpose or living quarters, aggravating in rape,
shot inside the house, taken from the house and shot outside

WHEN DWELLING HELD NOT AGGRAVATING

a. Victim gave provocation
b. Victim was not a dweller
c. Dwelling both of the victim and the accused. If the paramour is also a dweller,
there is abuse of confidence.
d. Dwelling is aggravating when victim is a guest and using of all the facilities and
amenities of the house.
e. Dwelling is not aggravating in robbery with a force upon things (since it is
inherent) but appreciated in robbery with violence or intimidation.

5. ABUSE OF CONFIDENCE OR OBVIOUS UNGRATEFULNESS

a. Special confident relationship
b. Clear and manifest

6. PALACE OF THE EXECUTIVE OR ENGAGED IN HIS PRESENCE- where

public authorities are ingratitude in the discharge of their duties or in the place
dedicated to religious worship.

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 a.) Absorbed and inherent in direct assault oN the person performing public
function
b.) Place of religious worship
• The accused must have purposely sought the place for the
commission of the crime.
• Notwithstanding the respect to which the place is entitled

7. NIGHTIME, UNINHABITED PLACES OR BAND

NIGHTIME

1. Facilitated the commission of the crime or was specially sought

2. Or was taken advantage of by the accused for the purpose of impunity
3. The crime begins and is completed at nightime.

UNINHABITED PLACE – no reasonable possibility of help

BAND – more than 3 armed malefactors take part in the commission of the crime.

a.) All 4 armed malefactors are principals by direct participation

b.) Absorbed in abuse of superior strength
c.) Appreciated in rape and illegal detention (Kidnapping)

8. CALAMITY OR MISFORTUNE (declared national emergency taken advantage

of due to calamity)

9. AID OF ARMED MEN OR PERSONS- offering impunity merely accomplice,

not taking part of principal but not merely present.

10. RECIDIVISM – increases the penalty by degrees. At the time of his trial for
one crime, he has been convicted by final judgement of another crime
embraced in the same title of the RPC.

11. HABITUAL DELIQUENCY- the offender has been previously punished for an
offense to which the law attaches an equal or greater penalty or for 2 or more
crimes to which it attaches a lighter penalty.

12. PRICE, REWARD OR PROMISE – it is sufficient that the offer made be the
principal inducement and accepted by the principal by direct participation and
the primary consideration for the commission of the crime.

13. GREATE WASTE AND RUIN- use of the means employed

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 a.) Not aggravating in arson where there is no intent to kill (PD 1613). There is
a specific penalty in that situation
b.) Use of poison aggravating in case of parricide but qualifying for murder if
accused and victim are not related.

14. EVIDENT PRE-MEDITATION – there must be proof of the

a.) Time when the offender determined to commit the crime

b.) An act indicating that he has charge to determination
c.) And a sufficient lapse of time between the determination and execution to
allow him to fully reflect upon the consequence of his act.

EVIDENT PREMEDITATION is absorbed in price, reward or promise only as to the

inducer.

Generally, by inherent in robbery, theft, estafa, arson and analogous offenses.

Appreciated in arson where the accused plots the commission of the crime and the
details thereof 2 hours before. (People vs. Ancheta, GR No 70222, Feb. 27 1987),
also in robbery with homicide if the plan is not only to rob but also to kill (People vs
Pagal, et. al., GR NO. L-3240, Oct. 25, 1977)

Evident Premeditation is not appreciated in:

a.) Aberratio Ictus- mistake in the blow

b.) Error en personae- mistake in identity

15. CRAFT, FRAUD OR DISGUISE – intellectualness employed to deceive the

victim
a.) Shyness and cunning- craft
b.) Machinations and misrepresentation (fraud)
c.) Absorbed in treachery if deliberatedly adopted

DISGUISE- to make identification more difficult, such as use of mask, false hair or
beard, use of false name in libel.

16. ABUSE OF SUPERIOR STRENGHT OR MEANS EMPLOYED – To weaken

the defense of the victim.

a.) Qualifying of killing to murder

b.) Absorbed in treachery
c.) Present in coercion, forcible abduction if the strength used by the accused
is excessive
d.) The victim was caused to be intoxicated before the attack, means to
weaken his defense is aggravating. If intoxication renders him defenseless,
Transcribed By: Rosanie P. Remotin, JD
WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 treachery is qualifying circumstance (People vs Ducusin, 53 Phl 280). If the
offender was the one drunk, alternative circumstance may be appreciated,
aggravating if intoxication is purposely sought before committing the crime,
otherwise mitigating if not resorted to commit the crime.

17. TREACHERY -only in crimes against person employing means methods or

forms in the execution thereof, which tend directly or specially to ensure its
execution without risk to himself arising from the defense which the offended
party might make.

MAY BE APPRECIATED:

a.) In aberratio ictus- bullet hits a different person

b.) Error in personae- mistaken identity
c.) In rape, now that rape is classified as crime against person

Treachery absorbs abuse of superior strength, employing means to weaken the

defense, band, aid of armed men, nighttime and disregard of age, of sex

18. IGNOMINY- adds disgraces and obligatory to the material injury cause by the
crime (People vs Acaya, GR No. 72998, July 22, 1933)

OUTRAGING THE CORPSE -not mentioned as an aggravating circumstance under

Art. 14, but an aggravating qualifying to murder under Art. 248. Victim is already dead
as distinguished from cruelty when the victim is alive but physical pain is prolonged.

19. UNLAWFUL ENTRY - entrance by an opening or way not intended for the
purpose

a.) May co-exist with dwelling if thereafter he commits a crime

b.) Absorbed in robbery with the use of force upon things being inherent. Inherent
also in trespass to dweeling.

20. BREAKING PARTS OF THE HOUSE – to enter the house

a.) For the purpose of committing a crime

b.) Not in order to leave the house

21. USE OF PERSON UNDER 15, MOTOR VEHICLES, ETC.

a.) To prevent exploitation of minor

b.) To increase penalty for the use of speedy transportation deliberately adopted
to avoid apprehension.
Transcribed By: Rosanie P. Remotin, JD
WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 22. CRUELTY – deliberate augmentation to prolong the physical suffering as
distinguished from moral suffering contemplated in ignominy
- Not inherent in crimes against person because it requires
deliberate prolongation of physical suffering

F. ALTERNATIVE CIRCUMSTANCES -maybe mitigating or aggravating

1. RELATIONSHIP – when the offended party is the spouse, ascendant,

descendant, legitimate, natural or adopted brother or sister, relative by affinity in
the same degree of the offender.

Generally, Mitigating in crimes against property.

Always aggravating in crimes against person, if the crimes are grave felonies such as
physical injuries, homicide or murder and mitigating in light or less serious, or light
physical injuries if the victim is of a lower degree and aggravating if the victim is of a
higher or equal degree.

2. INTOXICATION -mitigating 1. if not habitual or 2. Subsequent to the plan to

commit the crime, 3. Accidental
- Under state of intoxication when the crime is committed
- Depriving him of self-control

Aggravating if intoxication is prior to the commission of the crime and purposely

sought to commit the crime.

3. DEGREE OF INSTRUCTION OR EDUCATION -refers to the level of intelligence

of the accused or lack of sufficient intelligence and knowledge of the full
significance of one’s acts.

LACK OF SUFFICIENT INSTRUCTION IS NOT MITIGATING IN:

a.) Crimes against property

b.) Crimes against chastity
c.) Treason

Mitigating only in homicide and murder when the accused is ignorant and lived away
from civilized communities.

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
RELATIONSHIP IS EXEMPTING CIRCUMSTANCE IN:

Theft, estafa or malicious mischief where the victim is the spouse, ascendants,
descendants, widow, brother or sister, or relatives by affinity in the same degree of
the accused. (Art. 332 RPC).

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 APPLICATION OF THE INDETERMINATE SENTENCE LAW

- In the imposition of sentence for crimes under the RPC, the court shall
sentence the accused to an Indeterminate Penalty. The maximum term of
which shall be that which, in view of the attending circumstance, could be
properly imposed under the rule of the Revised Penal Code, and the minimum
term of which shall be within the range of the penalty next lower to that provided
by the code for the offense without first considering any modifying
circumstances attendant to the commission of the crimes.

- The determination of the minimum penalty is left by law to the sound discretion
of the court and can be anywhere within the range of the penalty next lower in
degree without any reference to the periods into which it might be subdivided.

- The modifying circumstance are considered only in the imposition of the

maximum term of the Indeterminate Sentence (Gim vs CA, May 18, 2004; Read
De Castro, Arturo Green study Guide, 2006. Rex Edition, pp 239-242.)

Note: On graduated scale of penalties, read Article 61 on Rules for Graduating

Penalties and Article 71 on Graduated Scale, which are the same as Rule 70 on
severity of the penalties.

1. Death
2. Reclusion Perpetua- 20 years 1 day to 40 years
3. Reclusion Temporal- 12 years 1 day to 20 years
4. Prision Mayor – 6 years 1 day to 12 years
5. Prision Correctional
6. Arresto Mayor
7. Arresto Menor
8. Destierro

Read Article 62 on effects of mitigating and aggravating circumstances and habitual

delinquency on the application of penalties.

- In case of privileged mitigating circumstance of old age being over 70 years old,
or minority being below age 18 at the time of the commission of the crime, the
maximum of the Indeterminate Sentence is taken from the penalty next lower in
degree within the period applicable taking into consideration the presence of
mitigating aggravating circumstances.

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 EXCEPTIONS:

Those convicted of offenses punishable by: 1. Death Penalty, life imprisonment

(reclusion perpetua), treason, conspiracy or proposal to commit treason, rebellion,
sedition, espionage, piracy, habitual delinquents, escape from prison or evade of
sentences, violation of terms of pardon, maximum term of imprisonment does not
exceed 1 year.

- The Indeterminate Sentence law applies to SPECIAL PENAL LAWS where the
impossible penalty has minimum and maximum penalties for imprisonment.

- In complex crime, the maximum is the next lower penalty for the grave offence
in the period applicable on the mitigating and aggravating circumstances.

SERVICE OF SENTENCE – successive penalties

1. Simultaneously for 2 or more penalties if the nature of the penalties so permit.

Eg. Reclusion Perpetua and perpetual absolute disqualification and
perpetual absolute disqualification or suspension.

2. Successively as appear in the following scale:

a. Death
b. Reclusion Perpetua
c. Reclusion Temporal
d. Prision Mayor
e. Prison Correctional
f. Arresto Mayor
g. Arresto Menor
h. Destierro
i. Perpetual Absolute Disqualification
j. Temporary Absolute Disqualificaion
k. Suspension from public office, the right to vote and be voted for, the right to
follow profession or calling
l. Public censure

3. Threefold Rule – the maximum shall not exceed more than threefold of the
most severe penalties, in no case exceeding 40 years. There must be 4 or
more sentence to be served.

4. For the purpose of the above rule – the duration of perpetual penalties shall
be computed at 30 years.
Transcribed By: Rosanie P. Remotin, JD
WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 5. The threefold rule applies only to principal penalties and in all cases or on
different dates (People vs Geralde, 50 Phl 823)

6. Subsidiary imprisonment for fine shall be additionally served if the principal

penalty does not exceed 6 months (Art. 39[3]). (Bagtas vs Director of Prisons
84 Phil 692)

EFFECTS OF DEATH OF THE ACCUSED

Q: A is convicted of murder. While his case is on appeal A dies. What is the

effect of his death on his criminal and civil liabilities?

A: His criminal liability and pecuniary liability arising from the crime are totally
extinguished by his death. Claims based on civil obligation other than crime
that may be independently prosecuted, such as obligation based on law,
contract, quasi-contract or quasi-delict must be pursued in an action against
the estate of the accused.

Q: What is the effect on the criminal and pecuniary liability if A dies after
judgement of conviction had become final?

A: His criminal liability is extinguished. His pecuniary liability may be

presented as a claim against A’s estate based on a final judgement if he same
survives as an independent civil obligation not arising from the crime.

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 CRIMES AGAINST PERSONS

Q1: May a husband be guilty of rape of his wife?

A1: YES, for the following reasons:

1. He may be guilty as a principal by inducement or by indispensable

cooperation or in conspiracy with the principal by direct participation.
2. If they are legally separate, he has no right of consortium, forcing
sexual intercourse against the refusing wife would be rape.
3. Pardon by the legal wife as a mode of extinguish the crime of rape
under Article 266-C Presupposes that rape may commonly be the
housewife of the wife.

Q2: What defenses or defenses are available to a husband why is accuse of

raping his wife?

A2: 1. By entering into marital union, the wife has granted the right of
consortium or sexual access to the husband, which she cannot refuse
without a valid excuse or reason.

2. If the wife is forced to have sexual intercourse against the will, the
crime may be grave coercion or malicious mischief if she is irritated by the
sexual act, but not rape because consent for sexual consortium was given
through matrimony.

SPL: RA 9262 Anti-violence against women and children

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. This is a justifiable circumstance in
parricide when the battered woman kills her husband or partner.

READ:

1. People vs Genosa 341 SCRA 498 (2000)

2. De Castro, A Green (Study Guide for the Bar, Rex 2006 Ed. Pp. 270 to
272)

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 WHAT ARE THE PUNISHABLE ACTS OF VIOLENCE AGAINST WOMEN AND
CHILDREN?

Any of the following:

1. Causing or threatening to cause physical harm, attempting to cause

physical harm or fear of physical harm.
2. Attempting to compel them to do something, to restrict freedom of
movement or conduct by force
3. Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child, including repeated verbal and emotional abuse, and
denied of financial support or custody of minor children or access to the
women’s children.

QUALIFIED THEFT READ ART 310

ESTAFA- Defrauding another by any of the following means:

a.) With unfaithfulness or abuse of confidence.

- Estefa thru misappropriation of money goods, or any other personal
property received by received by the offender in trust or on commission or
for administration or any other obligations to deliver or to return the same,
or by denying receiving such money, goods or other property.

b.) Estafa thru false pretenses or fraudulent acts- In estafa, the goods were
delivered. Juridical possession is transferred, which in robbery the goods
are taken with violence and intimidation and without the consent in theft.

CRIMES AGAINST LIBERTY

1. ARBITRARY DETENTION (KIDNAPPING)

a.) Private Individual

b.) Who shall kidnap or detain another or in any means deprive him of
liberty that lasted more than 3 days.

2. SLIGHT ILLEGAL DETENTION

- Detention lasts less than 3 days and no other qualifying
circumstance for illegal detention
a.) Simulating public authority
b.) Serious physical injuries or threat to kill have been made on
the victim
Transcribed By: Rosanie P. Remotin, JD
WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 CRIMES AGAINST PUBLIC INTEREST

FALSIFICATION (ARTICLES 171-172)

Q: IS THERE ESTAFA THRU FALSIFICATION OF PRIVATE DOCUMENT?

A: NO. BECAUSE DAMAGE OR INTENT TO CAUSE DAMAGES IS AN

ESSENTIAL REQUISITES IN FALSIFICATION OF PRIVATE DOCUMENT. THE
CRIME WILL ONLY BE FALSIFICATION OF PRIVATE DOCUMENT

RA 10173 (DATA PRIVACY ACT OF 2012)

1. To protect the fundamental human rights of privacy of communication while

ensuring the flow of information to promote innovation and growth and to
ensure that personal information is secured and protected in information
and communications systems in government and in private work.

2. Personal Information- any information, whether recorded in a natural form

or not, from which the identity of an individual is apparent or can be
reasonably and directly ascertained by the entity holding the information, or
when put together with other information would directly and certainly
identify an individual.

3. Sensitive Personal Information

a.) Race, ethnic origin, marital status, age, color and religious,
philosophical, or political affiliations.
b.) Individuals’ health, education, genetic or sexual life of a person, court
records or sentence of any court therein
c.) Social security members, health records, licenses or its denials
suspension or revocations and tax returns.

4. Scope- applicable to processing of all types of personal information by

information controllers and processors.

EXCEPTION:

- Government officers and employees in relation to the

position or government functions or services of private
Transcribed By: Rosanie P. Remotin, JD
WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 consultants, journalistic, artistic or literacy research
purposes.

5. Unauthorized processing and disclosure of personal information are

prohibited.

RA 11313 (SAFE SPACES ACT) SEXUAL HARRASMENT

1. To value the dignity of every human person and guarantee full respect to
human rights.
2. To recognize the role of woman in nation building and ensure the
fundamental equality before the law of man and women.

CATCALLING- unwanted remarks directed to a person, whistling and sexual

show.

EMPLOYER- Boss even under sub-contracting

GENDER BASED ONLINE SEXUAL HARASSMENT

- Online conduct likely to cause mental, emotional, or
psychological distress, fear of personal safety, sexual
harassment acts including unwanted sexual remarks and
comments, threats, uploading or sharing of one’s photos
without consent.
-
GENDER IDENTITY AND/OR EXPRESSION

- Personal sense of identity

- Masculine or feminine- by manner of clothing, inclination, or
behavior.
- Transgender- male or female identity with physiological
identity of the opposite sex

PUBLIC SPACE
- Streets and alleys, peaks, buildings, walls, bars, restaurants,
transportation terminals, public markets, evacuation centers,
government offices, public utilities and recreational spaces,
cinemas, theaters, spa.

STALKING – repeated visual or physical proximity or non-consensual

communication that case or will likely cause fear for safety or to suffer stress.

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22
 GENDER-BASED STREETS AND PUBLIC SPACES SEXUL HARRASMENT-
any unwanted and uninvited sexual actions or remarks against any person
regardless of the motive for committing such action or remarks.

Transcribed By: Rosanie P. Remotin, JD

WESTERN MINDANAO STATE UNIVERSITY
ZAMBOANGA CITY
BESTBAREVER 2020_21_22