Activity 1 - Crime and its Elements

Warming - up Question

1. Discuss Felony not less than 50 words

Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only
by means of deceit (dolo) but also by means of fault (culpa).There is deceit when the act is
performed with deliberate intent; and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.

2. Explain Offense not less than 50 words

An offense is a violation of the Special Penal Laws which is generally referred to as malum
prohibitum or an act that is wrong because it is prohibited. Thus, no criminal intent is needed
in order to find a person liable for crimes punished under Special Penal Laws. As long as
the act is committed, then it is punishable as a crime under law.

3. Enumerate the following constitutional rights;

a. Bill of Rights

Section 1. No person shall be deprived of life, liberty, or property without due process of law,
nor shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation
of the complainant and the witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires otherwise, as
prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the
press, or the right of the people peaceably to assemble and petition the government for
redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the

free exercise thereof. The free exercise and enjoyment of religious profession and worship,
without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel
be impaired except in the interest of national security, public safety, or public health, as may
be provided by law.

Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official
acts, transactions, or decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such limitations as may be
provided by law.

Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall not
be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be waived except in writing and in the
presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their
families.

Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be provided by law. The right to bail shall
not be impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process
of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused provided that he
has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all
judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any

prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If
an act is punished by a law and an ordinance, conviction or acquittal under either shall
constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

b. Rights of person under custodial investigation

Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of
counsel, he must be provided with one.

c. Rights of person undergoing trial

 In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that
he has been duly notified and his failure to appear is unjustifiable.

4. Differentiate between rights and privilege, not less than 50 words.

A right is something that cannot be legally denied, such as the rights to free speech, press,
religion, and raising a family. A privilege is something that can be given and taken away and is
considered to be a special advantage or opportunity that is available only to certain people.

5. Enumerate at least 15 crimes of (Felony), 15 crimes of (Offense) and also provide their
respective elements. (See Example below)
a. Theft - is crime of taking property to another then mga explanation sa crime of
bahin sa thief. Following are the elements of theft;
i. The taking of personal property
ii. Property belongs to another person
iii. Intent to gain
iv. Soon and so forth.
Felony
A. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of
parricide and shall be punished by the penalty of reclusion perpetua to death.
B. Murder. — Any person who, not falling within the provisions of Article 246 shall kill
another, shall be guilty of murder and shall be punished by reclusion temporal in its
maximum period to death, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity.chanrobles virtual law library
2. In consideration of a price, reward, or promise.chanrobles virtual law library
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a street car or locomotive, fall of an airship, by means of
motor vehicles, or with the use of any other means involving great waste and
ruin.chanrobles virtual law library
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or other public
calamity.chanrobles virtual law library
5. With evident premeditation.chanrobles virtual law library
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse.
C. Homicide. — Any person who, not falling within the provisions of Article 246, shall kill
another without the attendance of any of the circumstances enumerated in the next
preceding article, shall be deemed guilty of homicide and be punished by reclusion
temporal.
D. Infanticide. — The penalty provided for parricide in Article 246 and for murder in
Article 248 shall be imposed upon any person who shall kill any child less than three
days of age.
If the crime penalized in this article be committed by the mother of the child for the
purpose of concealing her dishonor, she shall suffer the penalty of prision correccional in
its medium and maximum periods, and if said crime be committed for the same purpose
by the maternal grandparents or either of them, the penalty shall be prision
mayor.chanrobles virtual law library
E. Mutilation. — The penalty of reclusion temporal to reclusion perpetua shall be
imposed upon any person who shall intentionally mutilate another by depriving him,
either totally or partially, or some essential organ of reproduction.
Any other intentional mutilation shall be punished by prision mayor in its medium and
maximum periods.
F. Serious physical injuries. — Any person who shall wound, beat, or assault another,
shall be guilty of the crime of serious physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the
injured person shall become insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in
consequence of the physical injuries inflicted, the person injured shall have lost the use
of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an
arm, or a leg or shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in
consequence of the physical injuries inflicted, the person injured shall have become
deformed, or shall have lost any other part of his body, or shall have lost the use thereof,
or shall have been ill or incapacitated for the performance of the work in which he as
habitually engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period, if the physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than thirty days.
G. Less serious physical injuries. — Any person who shall inflict upon another
physical injuries not described in the preceding articles, but which shall incapacitate the
offended party for labor for ten days or more, or shall require medical assistance for the
same period, shall be guilty of less serious physical injuries and shall suffer the penalty
of arresto mayor.chanrobles virtual law library
Whenever less serious physical injuries shall have been inflicted with the manifest intent
to kill or offend the injured person, or under circumstances adding ignominy to the
offense in addition to the penalty of arresto mayor, a fine not exceeding 500 pesos shall
be imposed.chanrobles virtual law library
Any less serious physical injuries inflicted upon the offender's parents, ascendants,
guardians, curators, teachers, or persons of rank, or persons in authority, shall be
punished by prision correccional in its minimum and medium periods, provided that, in
the case of persons in authority, the deed does not constitute the crime of assault upon
such person.
H. Slight physical injuries and maltreatment. — The crime of slight physical injuries
shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require medical
attendance during the same period.chanrobles virtual law library
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender
has caused physical injuries which do not prevent the offended party from engaging in
his habitual work nor require medical assistance.chanrobles virtual law library
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the
offender shall ill-treat another by deed without causing any injury.
f. Kidnapping and serious illegal detention. — Any private individual who shall kidnap or
detain another, or in any other manner deprive him of his liberty, shall suffer the penalty
of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five days.chanrobles virtual
law library
2. If it shall have been committed simulating public authority.chanrobles virtual law
library
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made.chanrobles virtual law library
4. If the person kidnapped or detained shall be a minor, female or a public officer.
The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above-mentioned were present in the commission of the offense.
I. Slight illegal detention. — The penalty of reclusion temporal shall be imposed upon
any private individual who shall commit the crimes described in the next preceding
article without the attendance of any of circumstances enumerated therein.chanrobles
virtual law library
J. Unlawful arrest. — The penalty of arresto mayor and a fine not exceeding 500 pesos
shall be imposed upon any person who, in any case other than those authorized by law,
or without reasonable ground therefor, shall arrest or detain another for the purpose of
delivering him to the proper authorities.chanrobles virtual law library
K. Kidnapping and failure to return a minor. — The penalty of reclusion perpetua
shall be imposed upon any person who, being entrusted with the custody of a minor
person, shall deliberately fail to restore the latter to his parents or guardians.
L. Slavery. — The penalty of prision mayor and a fine of not exceeding 10,000 pesos
shall be imposed upon anyone who shall purchase, sell, kidnap or detain a human being
for the purpose of enslaving him.chanrobles virtual law library
 If the crime be committed for the purpose of assigning the offended party to some
immoral traffic, the penalty shall be imposed in its maximum period.chanrobles virtual
law library
M. Exploitation of child labor. — The penalty of prision correccional in its minimum
and medium periods and a fine not exceeding 500 pesos shall be imposed upon anyone
who, under the pretext of reimbursing himself of a debt incurred by an ascendant,
guardian or person entrusted with the custody of a minor, shall, against the latter's will,
retain him in his service.

The same penalty shall be incurred by anyone who shall furnish the place for the
perpetration of the crime.chanrobles virtual law library

If the offender shall voluntarily release the person so kidnapped or detained within three
days from the commencement of the detention, without having attained the purpose
intended, and before the institution of criminal proceedings against him, the penalty shall
be prision mayor in its minimum and medium periods and a fine not exceeding seven
hundred pesos.
N. Qualified trespass to dwelling. — Any private person who shall enter the dwelling
of another against the latter's will shall be punished by arresto mayor and a fine not
exceeding 1,000 pesos.
If the offense be committed by means of violence or intimidation, the penalty shall be
prision correccional in its medium and maximum periods and a fine not exceeding 1,000
pesos.chanrobles virtual law library
The provisions of this article shall not be applicable to any person who shall enter
another's dwelling for the purpose of preventing some serious harm to himself, the
occupants of the dwelling or a third person, nor shall it be applicable to any person who
shall enter a dwelling for the purpose of rendering some service to humanity or justice,
nor to anyone who shall enter cafes, taverns, inn and other public houses, while the
same are open.
O. Other forms of trespass. — The penalty of arresto menor or a fine not exceeding
200 pesos, or both, shall be imposed upon any person who shall enter the closed
premises or the fenced estate of another, while either or them are uninhabited, if the
prohibition to enter be manifest and the trespasser has not secured the permission of the
owner or the caretaker thereof.

Offense

A. [ Republic Act No. 10175 ]

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,

INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES
THEREFOR AND FOR OTHER PURPOSES
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without right.

(2) Illegal Interception. – The interception made by technical means without right of any non-
public transmission of computer data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying such computer data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or

deterioration of computer data, electronic document, or electronic data message, without right,
including the introduction or transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or interference with
the functioning of a computer or computer network by inputting, transmitting, damaging,
deleting, deteriorating, altering or suppressing computer data or program, electronic document,
or electronic data message, without right or authority, including the introduction or transmission
of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making
available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the purpose of
committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of a
computer system is capable of being accessed with intent that it be used for the purpose of
committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use
said devices for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others from registering the same, if such a domain
name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of
a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic
data with the intent that it be considered or acted upon for legal purposes as if it were authentic,
regardless whether or not the data is directly readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related forgery
as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data
or program or interference in the functioning of a computer system, causing damage thereby
with fraudulent intent: Provided, That if no

damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another, whether
natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty
imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or

indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a
computer system, for favor or consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic
Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer
system: Provided, That the penalty to be imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775.

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic

communication with the use of computer system which seek to advertise, sell, or offer for sale
products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative announcements
from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way for the
recipient to reject. receipt of further commercial electronic messages (opt-out) from the same
source;

(bb) The commercial electronic communication does not purposely disguise the source of the
electronic message; and

(cc) The commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a computer system or any other similar means
which may be devised in the future.

SEC. 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids
in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit
any of the offenses enumerated in this Act shall be held liable.

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special
laws, if committed by, through and with the use of information and communications technologies
shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended,
and special laws, as the case may be.

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to
any liability for violation of any provision of the Revised Penal Code, as amended, or special
laws.

B. REPUBLIC ACT NO. 9775 - AN ACT DEFINING THE CRIME OF CHILD

PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER
PURPOSES

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography and child
pornography materials;

(c) To sell, offer, advertise and promote child pornography and child pornography
materials;

(d) To possess, download, purchase, reproduce or make available child pornography

materials with the intent of selling or distributing them;

(e) To publish, post, exhibit, disseminate, distribute, transmit or broadcast child

pornography or child pornography materials;

(f) To knowingly possess, view, download, purchase or in any way take steps to
procure, obtain or access for personal use child pornography materials; and

(g) To attempt to commit child pornography by luring or grooming a child.

C. Republic Act No. 9344 - An Act Establishing a Comprehensive Juvenile Justice
and Welfare System, Creating the Juvenile Justice and Welfare Council under the
Department of Justice, Appropriating Funds therefor and for other Purposes.

Sec. 5. Rights of the Child in Conflict with the Law. - Every child in conflict with the law shall
have the following rights, including but not limited to:

(a) the right not to be subjected to torture or other cruel, inhuman or degrading treatment or
punishment;

(b) the right not to be imposed a sentence of capital punishment or life imprisonment,
without the possibility of release;

(c) the right not to be deprived, unlawfully or arbitrarily, of his/her liberty; detention or
imprisonment being a disposition of last resort, and which shall be for the shortest
appropriate period of time;

(d) the right to be treated with humanity and respect, for the inherent dignity of the
person, and in a manner which takes into account the needs of a person of his/her age. In
particular, a child deprived of liberty shall be separated from adult offenders at all times.
No child shall be detained together with adult offenders. He/She shall be conveyed
separately to or from court. He/She shall await hearing of his/her own case in a separate
holding area. A child in conflict with the law shall have the right to maintain contact with
his/her family through correspondence and visits, save in exceptional circumstances;

(e) the right to prompt access to legal and other appropriate assistance, as well as the right
to challenge the legality of the deprivation of his/her liberty before a court or other
competent, independent and impartial authority, and to a prompt decision on such action;

(f) the right to bail and recognizance, in appropriate cases;

(g) the right to testify as a witness in hid/her own behalf under the rule on examination of
a child witness;

(h) the right to have his/her privacy respected fully at all stages of the proceedings;

(i) the right to diversion if he/she is qualified and voluntarily avails of the same;

(j) the right to be imposed a judgment in proportion to the gravity of the offense where
his/her best interest, the rights of the victim and the needs of society are all taken into
consideration by the court, under the principle of restorative justice;

(k) the right to have restrictions on his/her personal liberty limited to the minimum, and
where discretion is given by law to the judge to determine whether to impose fine or
 imprisonment, the imposition of fine being preferred as the more appropriate penalty;

(I) in general, the right to automatic suspension of sentence;

(m) the right to probation as an alternative to imprisonment, if qualified under the

Probation Law;

(n) the right to be free from liability for perjury, concealment or misrepresentation; and

(o) other rights as provided for under existing laws, rules and regulations.

D. Republic Act No. 9262 - An Act Defining Violence Against Women And Their
Children, Providing For Protective Measures For Victims, Prescribing Penalties
Therefore, And For Other Purposes.

Sec. 5. 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:

(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; and
 (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.

E. Republic Act No. 9208 - An Act To Institute Policies to Eliminate Trafficking in

Persons Especially Women and Children, Establishing the Necessary Institutional
Mechanisms for the Protection and Support of Trafficked Persons, Providing
Penalties for Its Violations, and for other Purposes.

Sec. 4. 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; cralaw
(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; cralaw

(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; cralaw

(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;cralaw

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

(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; cralaw

(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.

F. Importation of Dangerous Drugs and/or Controlled Precursors and Essential

Chemicals.-  .The penalty of life imprisonment to death and a ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall import or bring into the Philippines
any dangerous drug, regardless of the quantity and purity involved, including any and all
species of opium poppy or any part thereof or substances derived therefrom even for floral,
decorative and culinary purposes.

G. Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute dispatch in transit or transport any
dangerous drug, including any and all species of opium poppy regardless of the quantity
and purity involved, or shall act as a broker in any of such transactions.

H. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and
a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain
a den, dive or resort where any dangerous drug is used or sold in any form.
I. Money Laundering Offense. -- Money laundering is a crime whereby the proceeds of
an unlawful activity as herein defined are transacted, theeby making them appear to
have originated from legitimate sources. It is committed by the following:

(a) Any person knowing that any monetary instrument or property represents,
involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to
transacts said monetary instrument or property.

(b) Any person knowing that any monetary instrument or property involves the
proceeds of any unlawful activity, performs or fails to perform any act as a result of
which he falicitates the offense of money laundering referred to in paragraph (a)
above.

(c) Any person knowing that any monetary instrument or property is required under
this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC),
fails to do so."

J. Rape: When And How Committed. - Rape is committed:

 
        "1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:

"a) Through force, threat, or intimidation;

 
"b) When the offended party is deprived of reason or otherwise unconscious;
 
"c) By means of fraudulent machination or grave abuse of authority; and
 
"d) When the offended party is under twelve (12) years of  age or is demented, even
though none of the circumstances mentioned above be present.

"2) By any person who, under any of the circumstances mentioned in paragraph 1
hereof, shall commit an act of  sexual assault by inserting his penis into another person's
mouth or anal orifice, or any instrument or object, into the genital or anal orifice of
another person.
 
"Article 266-B.  Penalty. - Rape under paragraph 1 of the next preceding article shall be
punished by reclusion perpetua.
 
"Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death.
 
"When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall become reclusion perpetua to death.
 
"When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion perpetua to death.
 
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall
be death.
 
"The death penalty shall also be imposed if the crime of rape is committed with any of
the following aggravating/qualifying circumstances:
 

"l) When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third
civil degree, or the common-law spouse of the parent of the victim;
 
"2) When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution;
 
"3) When the rape is committed in full view of the spouse, parent, any of the children or
other relatives within the third civil degree of consanguinity;
 
"4) When the victim is a religious engaged in legitimate religious vocation or calling
and  is personally known to be such by the offender before or at the time of the
commission of the crime;
 
"5) When the victim is a child below seven (7) years old;
 
"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency
Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is transmitted to the victim;
 
"7) When committed by any member of the Armed Forces of the Philippines or para-
military units thereof or the Philippine National Police or any law enforcement agency
or penal institution, when the offender took advantage of his position to facilitate the
commission of the crime;
 
"8) When by reason or on the occasion of the rape, the  victim has suffered permanent
physical mutilation or disability;
 
"9) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
 
"10) When the offender knew of the mental disability, emotional disorder and/or physical
handicap of the offended party at the time of the commission of the crime.

K. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or

ammunition or instruments used or intended to be used in the manufacture of firearms
or ammunition. — The penalty of prision correccional in its maximum period and a
fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon any
person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low
powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar
firepower, part of firearm, ammunition, or machinery, tool or instrument used or
intended to be used in the manufacture of any firearm or ammunition: Provided, That
no other crime was committed.

L. Unlawful manufacture, sale, acquisition, disposition or possession of explosives.  —

The penalty of prision mayor  in its maximum period to reclusion temporal and a fine
of not less than Fifty thousand pesos (P50,000) shall be imposed upon any person who
shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand
grenade(s), rifle grenade(s), and other explosives, including but not limited to 'pillbox,'
'molotov cocktail bombs,' 'fire bombs,' or other incendiary devices capable of
producing destructive effect on contiguous objects or causing injury or death to any
person.
 
"When a person commits any of the crimes defined in the Revised Penal Code or
special laws with the use of the aforementioned explosives, detonation agents or
incendiary devices, which results in the death of any person or persons, the use of such
explosives, detonation agents or incendiary devices shall be considered as an
aggravating circumstance.
 
"If the violation of this Sec. is in furtherance of, or incident to, or in connection with
the crime of rebellion, insurrection, sedition or attempted coup d'etat, such violation
shall be absorbed as an element of the crimes of rebellion, insurrection, sedition or
attempted coup d'etat.
 
"The same penalty shall be imposed upon the owner, president, manager, director or
other responsible officer of any public or private firm, company, corporation or
entity, who shall willfully or knowingly allow any of the explosives owned by such
firm, company, corporation or entity, to be used by any person or persons found
guilty of violating the provisions of the preceding paragraphs."

Sec. 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further amended
to read as follows:cralaw

M. Tampering of firearm's serial number. — The penalty of prision correccional shall

be imposed upon any person who shall unlawfully tamper, change, deface or erase the
serial number of any firearm."

N. Repacking or altering the composition of lawfully manufactured explosives. — The

penalty of prision correccional shall be imposed upon any person who shall unlawfully
repack, alter or modify the composition of any lawfully manufactured explosives."

O. REPUBLIC ACT NO. 8049

 AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES
IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND
PROVIDING PENALTIES THEREFOR

Section 1. Hazing, as used in this Act, 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 other similar tasks or activities or otherwise
subjecting him to physical or psychological suffering or injury.  

The term "organization" shall include any club or the Armed Forces of the
Philippines, Philippine National Police, Philippine Military Academy, or officer and
cadet corp of the Citizen's Military Training and Citizen's Army Training. The
physical, mental and psychological testing and training procedure and practices to
determine and enhance the physical, mental and psychological fitness of prospective
regular members of the Armed Forces of the Philippines and the Philippine National
Police as approved ny the Secretary of National Defense and the National Police
Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines
and the Director General of the Philippine National Police shall not be considered as
hazing for the purposes of this Act.  

6. Discuss the objectives of criminal investigation

(1) to establish that a crime was actually committed,

(2) to identify and apprehend the suspect(s),

(3) to recover stolen property, and (4) to assist in the prosecution of the person(s)
charged with the crime 

7. On your own perception how the Miranda Doctrine very important in Criminal
Investigation
The Miranda Doctrine is vital to Criminal Investigation as it ensures it follows proper criminal
procedure like informing the person arrested of what he is charged with. This ensures
officers are acting with just cause and protects them from liability.