REPUBLIC ACT NO. 9287
Maintainer, manager or operator (12yrs
Illegal Number Game, Amending PD No. 1602
 Definitions (Sec.2):
a. Illegal Numbers Game – any form illegal
gambling activity which uses numbers of
combinations thereof as factors in giving
out jackpots.
b. Bettor – any person who places bets for
himself or in behalf of another person, or
any person, other than the personnel or
staff of any illegal numbers game
operation.
c. Financiers or capitalist – any person who
finances the operations of any illegal
numbers game.
d. Protector or coddler – any person who
lends or provides protection, or receives
benefits in any many in the operation of
any ING.
 Persons liable:
a. Bettor (30-90 days imprisonment)
b. Personnel or staff of an INGO (6yrs 1day
– 8yrs)
c. Person who allows his vehicle, house,
building, land (same with B)
d. Collector or agent (8yrs 1 day – 10yrs)
e. Coordinator, controller or supervisor
(10yrs 1 day – 12yrs)
f.
1 day – 14yrs)
g. Financier or capitalist (14yrs 1 day to
16yrs)
h. Protector or coddler (16yrs 1 day to
20yrs)
 The possession of any gambling paraphernalia
and other materials used in the INGO shall be
deemed prima facie evidence of any offense
covered by this Act. (Sec.4)
 Liability of Gov’t Employees and/or Officials
(Sec.5):
a) Imprisonment, fine and perpetual
absolute disqualification from public
office.
b) In the case of failure to apprehend
perpetrators, any law enforcer shall
suffer an administrative penalty of
suspension or dismissal, to be imposed
by appropriate authority.
 Liability of parents/guardians (Sec.6):
a) Imprisonment and fine
 Recidivism (Sec.7) – penalty next higher in
degree under Sec. 3.
 Any person who serves as a witness for the
government or provides evidence in a criminal
case involving any violation of this Act, or who
voluntarily or by virtue of a subpoena
 testificandum or duces tecum, produces,
identifies, or gives testimony shall be immune
from any criminal prosecution, subject to the
compliance with the provisions of PD 1732 and
the pertinent provisions of the ROC. (Sec.8)
 Any person may be charged with or convicted
of this Act without prejudice to the prosecution
of any acts penalized under the RPC or existing
laws. During the pendency of the case, no
property or income used or derived therefrom
which may be confiscated and forfeited shall
be disposed, alienated or transferred and the
same shall be in custodia legis and no bond
shall be admitted for the release of the same.
Upon conviction, all proceeds etc of the crime
shall be confiscated and forfeited in favor of
the state. All assets and properties either
owned or held by him in his name or in the
name of another found to be manifestly out of
proportion to his lawful income shall be prima
facie presumed to be proceeds off the offense
and shall be confiscated and forfeited in favor
of the state. (Sec.9)
 Witness protection (Sec.10)
 Any person who, having knowledge or
information of any offense committed under
this Act and who shall disclose the same which
may lead to the arrest and final conviction of
the offender, may be rewarded a certain
percentage of the cash money or articles of
value confiscated or forfeited in favor of the
state, which shall be determined through a
policy guideline by the DOJ in coordination with
the DILG and NAPOLCOM. (Sec. 11)
 Approved: April 2, 2004
 Forms of gambling which are prohibited:
a) Illegal numbers game – uses numbers or
their combinations
b) Jueteng – involves combination of 37
numbers vs 37 numbers from 1 to 37
and its variants
c) Masiao – winning combination is derived
from Jai-alai results
d) Last two – combination is derived from
the last two digits of sweepstakes
 Recidivism is qualifying when the offender in
items (d) to (e) above is a public officer, an
official of a local government unit who knows
but fails to abate or take action against or
tolerates the gambling in his jurisdiction.
REPUBLIC ACT NO. 6539, AS AMENDED
Anti-Carnapping Law (Approved 08-26-1972)
 Definitions (Sec.2):
a. Carnapping – the taking, with intent to
gain, of a motor vehicle belonging to
 another without the latter’s consent, or
by means of violence against or
intimidation of persons, or by using force
upon things.
b. Defacing or tampering with – the
erasing, scratching, altering or changing
of the original factory-inscribed serial
number on the motor vehicle engine,
engine block or chassis of any vehicle.
 Registration of Motor Vehicle (Sec. 3) – within
1 year after the approval of this Act.
 Registration of Sale, Transfer, Conveyance,
Substitution or Replacement of Motor Vehicle
(Sec. 5) – shall be registered with the LTO.
 Duty of Collector of Customs to report arrival
of imported motor vehicles etc (Sec. 7) – shall,
within 7 days after arrival, make a report to
the LTO. The Collector shall hold the motor
vehicle until it is numbered by the LTO.
 Clearance and permit required for assembly or
rebuilding of motor vehicles (Sec. 10) –
certificate of clearance from PNP; from
Philippine Coast Guard if to be mounted on
motor boats/bancas.
 Penal provisions (Sec. 13):
 Imprisonment – not less than 2 yrs nor
more than 6 yrs and fine equivalent to
the acquisition cost of motor vehicle;
 Juridical person – penalty imposed
on president or secretary and/or
members of BOD or
officers/employees who may have
directly participated in the
violation.
 Government official/employee who
directly commits the unlawful acts
or is guilty of gross negligence of
duty or connives with or permits
the commission of the crime,
penalty stated above plus dismissal
from office with prejudice to his
reinstatement and with
disqualification from voting or
being voted in public office.
 Aliens (Sec. 15) – deportation after
service of sentence.
 Penalty for carnapping (Sec. 14)
 Without violence or intimidation or force
- imprisonment for not less than 14 yrs &
8 months and not more than 17 yrs and
4 months;
 With violence/intimidation/force –
imprisonment not less than 17 yrs and 4
months and not more than 30 yrs;
 With death/rape of owner/driver –
reclusion perpertua.
 Reward (Sec. 16) – persons who voluntarily
gives info leading to recovery of carnapped
vehicles and for conviction of persons shall be
given reward so much reward money as the
PNP may fix.
 Carnapping is malum prohibitum. If homicide
is committed, it is carnapping with homicide.
 Public means common to all or many;
general; open to common use.
 Highway – a free and public roadway or
street; one which every person has the right
to use. Highways are always public, free for
the use of every person.
 The severity of the offense is not to be
measured by what kind of streets or highway
is used; but by the very nature of the vehicle
itself and the use to which it is devoted.
 When the MV taken is any of the excepted
ones (road rollers, trolley cars, street-
sweepers, sprinkles, lawn mowers, bulldozers,
graders, fork-lifts, amphibian trucks, and
cranes not used on public highways, vehicles
which run only on rails or tracks, and tractors,
trailers and traction engines of all kinds used
exclusively for agri purposes) the crime is
qualified theft or robbery.
 Carnapping with homicide or rape is a special
complex crime, by way of analogy with par. 1
to 4 of Art. 294 of RPC which however is not
covered by Art. 48 of RPC.
 For circumstantial evidence to convict, there
must be:
1. More than one circumstance;
2. The facts from which the inferences are
derived are proved;
3. The combination of all the circumstances
is such as to produce a conviction
beyond reasonable doubt.
The evidence must constitute an
unbroken chain which leads to one fair
and reasonable conclusion pointing to
accused, to the exclusion of all others,
as the guilty person.
 Equipoise rule – requires that where the
inculpatory circumstances are capable of two
inferences, one of which is consistent with the
presumption of innocence and the other
compatible with a finding of guilt, the court
must acquit the accused because the evidence
does not fulfil the test of moral certainty and
therefore is insufficient to support a judgement
of conviction.
 The unlawful taking of the whole vehicle is
already complete and consummated even if
only a part thereof is ultimately taken or
appropriated while the rest is abandoned. In
 the absence of an explanation, presumption of 3. In the case of Roxas, Trinidad and de
carnapping is ruled. Vera where an act by the receiver soon
 Every criminal conviction requires the after the actual transfer of possession
prosecution to prove (1) the fact of the crime constitutes unlawful taking.
and (2) the fact that the accused is the
perpetrator of the crime. PRESIDENTIAL DECREE NO. 533
 Compared with robbery/theft: The Anti-Cattle Rustling Law of 1974 8-8-1974
Anti-Carnapping Robbery/Theft  Cattle rustling – the taking away by any
Law means, method or scheme, without the
 Special law.  Without this Act, consent of the owner/raiser, of any the large
 Particularly deals such unlawful cattle whether or not for profit or gain,
with the theft and taking of MV falls
whether committed with or without violence
robbery of MV. under theft or
robbery. against or intimidation of any person or force
Similarities: upon things. It includes the killing of large
1. Unlawful taking cattle, or taking its meat or hide without the
2. Intent to gain consent of the owner/raiser (Sec. 2).
3. Personal property belonging to another is  Elements:
taken without consent. 1. Large cattle is taken;
 Felonious taking – the act of depriving another
2. It belongs to another;
of the possession and dominion of movable
3. Taking is done without consent;
property without his privity and consent and
4. Taking is done by any means,
without animus revertendi.
methods or scheme;
 Unlawful taking takes place when the owner of
5. Taking is with/without intent to
juridical possessor:
gain;
1. Does not give his consent to the taking;
6. Taking is accomplished
or
with/without
2. If the consent was given, it was vitiated;
violence/intimidation/force.
or
 Duty of Owner/Raiser to Register (Sec. 3) –
before large cattle attain the age of 6 months,
it shall be registered with the city/municipal
treasurer where such cattle are raised.
 Duty of City/Municipal Treasurer etc (Sec. 4) –
required toobserve strict adherence with
Chapter 22, Secs. 511 to 534 of RAC.
 Permit to buy and sell (Sec. 5) – secure first a
permit from Provincial Commander of province
where it shall conduct such business. Permit
shall only be valid in said province.
 Clearance for shipment (Sec. 6) – secure first
permit from PC of the province where large
cattle is registered. PC shall require cert. of
ownership, cert. from Prov. Vet., and such
other docs or records as may be necessary.
 Presumption of cattle rustling (Sec. 7) – failure
to exhibit required documents shall be prima
facie evidence.
 Penal provisions:
 Without violence/intimidation/force
prision mayor (maximum period) to
reclusion temporal (medium period);
 With violence/intimidation/force
reclusion temporal (maximum period) to
reclusion perpetua;
 Person died or seriously injured –
reclusion perpetua to death;
 Government official/employee – penalty
plus disqualification.
 CR is malum in se as it merely amends Arts.
309 and 310. Not a special law.
 Cattle do not have to be taken whole. PD 533
is violated by (1) killing without taking; (2)
taking the whole cattle dead or alive; (3) the
portion thereof such as hide or meat.
 Compared with carnapping:
Carnapping Cattle Rustling
Malum prohibitum Malum in se
Intent to gain is an Mere killing of cattle
element without taking
constitutes the crime
Similarity:
When homicide is committed, a special
complex crime is committed.
PRESIDENTIAL DECREE NO. 532
Anti-Piracy and Anti-Highway Robbery Law of 1974
8-8-1974
–  Definitions (Sec. 2):
a) Piracy – any attack upon or seizure of
any vessel, or the taking away of the
– whole or part thereof or its cargo,
equipment, or the personal belongings of
its complement or passengers,
irrespective of the value thereof,
 committed by any person, including a
passenger or member of the complement
of said vessel, in PH waters. Offenders
shall be considered pirates.
b) Highway robbery/brigandage – the
seizure of any person for ransom,
extortion or other unlawful purposes, or
the taking away of the property of
another by means of violence against or
intimidation of person or force upon
things or other unlawful means,
committed by any person on any PH
highway.
c) PH highway – any road, street, passage,
highway and bridges or other parts
thereof, or railway or railroad within the
PH used by persons, or vehicles, or
locomotives or trains for the movement
or circulation of persons or transportation
of goods, articles or property or both.
 Penalties (Sec. 3):
a) Piracy – reclusion temporal (medium and
max. periods);
 with physical injuries or other
crimes – reclusion perpetua;
 With rape, murder/homicide or
when offenders abandoned the
victims without means of saving
themselves or when the seizure is
accomplished by firing upon or
boarding a vessel – death.
b) Highway robbery/brigandage - Reclusion
temporal (min. period)
 With physical injuries or other
crimes – reclusion temporal
(medium max. periods);
 With kidnapping for ransom or
extortion, or murder or homicide,
or rape – death.
 Aiding pirates or highway robbers/brigands or
abetting piracy or highway robbery/brigandage
(Sec. 4) – persons who knowingly and in any
manner aids or protects or aids or acquires or
receives property or in any manner derives any
benefit, or who directly or indirectly abets the
crime, shall be considered accomplices.
 It is presumed that any person who does any
of the acts has performed them knowingly,
unless contrary is proven.
 Two kinds of piracy:
a. Art. 122 (RPC) Piracy in general and
mutiny on the high seas or in PH waters.
b. PD 532
 RA 7659 widened the coverage of Art. 122 to
include offenses committed in PH waters; PD
532 included any person including a passenger
 or member of the complement of said vessel in penalties. perpetua to
PH waters. death.
 Piracy under Art. 122, as amended, and piracy  Piracy is committed whether the vessel is
under PD 532 exist harmoniously as separate anchored or moving as long as it is
laws. committed aboard the vessel.
 PD 532 vs Art. 122  Jurisdiction:
PD 532 Art. 122  PH has jurisdiction for piracy
On the They include They are not committed in the high seas and
malefactors such members of even in countries outside its
malefactors its territorial jurisdiction.
complement  Although PD 532 requires that the
of passenger
attack and seizure of the vessel
On the locus Covers PH Covers high
and its cargo be committed in PH
of the crime waters only seas and PH
waters waters, the disposition by the
Qualifying Same with Qualified by pirates of the vessel and its cargo
circumstances Art. 122 but boarding or is still deemed part of the act of
also included firing upon piracy, hence, the same need not
other crimes the vessel to be committed in PH waters.
as seize it;  Two laws on brigandage:
qualifying. By
a. Art. 306 (RPC)
abandoning
the victims b. PD 532
w/out means  The only difference is what is penalized under
of saving the RPC is the mere formation of a band whose
themselves; purpose is to commit robbery in a highway. It
By murder, is brigandage only as long as they have not
homicide, PI,
carried out their purpose.
rape
 Brigandage requires that the offender moves
Penalty See Reclusion
from place to place and plunders any victim he
 may come across whether the victim has the a government or public facility,
potential of being robbed. No preconceived public place or private property;
victim, otherwise, it is robbery. 3. Engages in acts intended to cause
 Situs of brigandage. It is essential to prove extensive interference with,
that the outlaws were purposely organized not damage or destruction to critical
just for one act of robbery but for several infrastructure;
indiscriminate commissions thereof. 4. Develops, manufactures,
 The frequency with which the offenders possesses, acquires, transports,
perpetrate the robbery in public highways may supplies or uses weapons,
determine whether the crime is simple robbery explosives or of biological, nuclear,
or highway robbery. radiological or chemical weapons;
 Indiscriminate brigandage – if there is no and
preconceived victim and the offenders have 5. Release of dangerous substances,
been organized for the purpose as shown by or causing fire, floods or
the fact that the robbery is not their first time. explosions.
 Number of perpetrators not an essential b. Threat to commit terrorism – any person
element. who shall threaten to commit any of the
acts mentioned above.
REPUBLIC ACT NO. 11479 c. Planning, training, preparing &
Anti-Terrorism Act Of 2020 7-3-2020 facilitating the commission of terrorism
 Acts punished: d. Conspiracy to commit terrorism – there
a. Terrorism – committed by any person is conspiracy when 2 or more persons
who, within or outside the PH, regardless come to an agreement.
of the stage of execution: e. Proposal to commit terrorism –
1. Engages in acts intended to cause committed when a who person who has
death or serious bodily injury; decided to commit any of the crimes
2. Engages in acts intended to cause proposes its execution to some other
extensive damage or destruction to person.
f. Inciting to commit terrorism – any
person who, without taking any direct
part in the commission of terrorism, by
means of speeches, proclamations,
writings, emblems, banners or other
representations.
g. Recruitment to a terrorist organization
h. Membership in a terrorist organization
i. Foreign terrorist
1. Any person to travel or attempt to
travel to a state other than his
state of residence or nationality;
2. Any person to organize or facilitate
the travel of individuals who travel
to a state other than their states of
residence or nationality;
3. Any person residing abroad who
comes to the PH to participate.
j. Providing material support to a terrorist
– considered principal.
k. Accessory
i. By profiting himself or assisting the
offender to profit by the effects of
the crime;
ii. By concealing or destroying the
body of the crime;
iii. By harbouring, concealing, or
assisting in the escape of the
principal or conspirator of the
crime;
l. Violation of provisions under the Act
 Detention without judicial warrant of arrest
(Sec. 29):
 The period of detention may be extended
to a max period of 10 calendar days if it
is established that (1) further detention
of the person is necessary to preserve
evidence related to terrorism or complete
the investigation; (2) further detention of
the person is necessary to prevent the
commission of another terrorism; and (3)
the investigation is being conducted
properly and without delay.
 Rights of a person under custodial detention
(Sec. 30):
1) To be informed of the nature and cause
of his arrest, to remain silent and to have
competent and independent counsel
preferably of his own choice xxx;
2) Informed of the cause or causes of his
detention in the presence of counsel;
3) Allowed to communicate freely with his
legal counsel and to confer with them at
any time without restriction;
4) Allowed to communicate freely an
privately without restrictions with
 members of his family/relatives and to
be visited by them; and
5) Allowed freely to avail of the service of a
physician of choice.
 No torture or coercion in investigation and
interrogation (Sec. 33).
 Restriction on the right to travel (Sec. 34).
 He may also be placed under house
arrest by order of the court at his usual
place of residence. He may not use
telephones, cp, emails, computers,
internet or other means of
communications with people outside the
residence until otherwise ordered by the
court.
 Anti-Money Laundering Council Authority
(AMLC) to Investigate, Inquire into and
Examine Bank Deposits (Sec. 35):
 Any property or funds that are in any
way related to financing of terrorism or
others; and
 Property or funds of any person/s in
relation to whom there is probable cause
to believe that such person/s are
committing or attempting or conspiring
to commit, or participating in or
facilitating the financing of those acts.
 Immunity and protection of government
witnesses (Sec. 40). RA 6981: The witness
protection, security and benefits Act.
 Anti-Terrorism Council (ATC) (Sec. 45):
A. Executive secretary (Chairperson)
B. National security adviser (V-Chairperson)
C. Secretary of Foreign Affairs
D. Secretary of National Defense
E. Secretary of the Interior and Local Govt
F. Secretary of Finance
G. Secretary of Justice
H. Secretary of Information and
Communications Technology
I. Executive Director of AMLC Secretariat.
 NICA – Secretariat of ATC.
 Anti-terrorism Council – Program
Management Center (ATC-PMC) –
the main coordinating and program
management arm of ATC.
 Support agencies of ATC:
1. DOST
2. DOTr
3. DOLE
4. DepEd
5. DSWD
6. PAPRU
7. BARMM
8. NBI
 9. BI D. Legal affairs program – shall ensure
10. OCD respect for human rights and adherence
11. ISAFP to the rule of law as fundamental bases
12. PCTC of the fight against terrorism. Guarantee
13. PNP intelligence and compliance with the law and others.
investigative elements  ATC no power to exercise any judicial or quasi-
14. CHED judicial power or authority.
15. NCMF  Functions of the Council (Sec. 46):
 Programs: 1. Formulate and adopt plans, programs
A. Preventing and countering violent and preventive and counter-measures
extremism program – shall address the against terrorists and terrorism in the
conditions conducive to the spread of country;
terrorism (ethnic, national and religious 2. Coordinate all national efforts to
discrimination; socio-economic suppress and eradicate terrorism in the
disgruntlement; political exclusion; country and mobilize the entire nation
dehumanization of victims of terrorism; against terrorism;
lack of good governance; prolonged 3. Direct the speedy investigation and
unresolved conflicts) prosecution of all persons detained or
B. Preventing and combating terrorism accused for any crime defined and
program – shall focus on denying penalized hereunder;
terrorist groups access to the means to 4. Monitor the progress of the investigation
carry out attacks to their targets and and prosecution of all persons accused
formulate response. and/or detained for any crime defined
C. International affairs and capacity building and penalized hereunder;
program – shall endeavour to build the 5. Establish and maintain comprehensive
State’s capacity to prevent and combat database information systems on
terrorism. terrorism, terrorist activities and
counterterrorism operations;
6. Enlist the assistance of and file the
appropriate action with the AMLC to
freeze and forfeit the funds etc;
7. Grant monetary rewards and other
incentives to informers; provided, no
monetary reward shall be granted to
informants unless the accused’s
demurrer to evidence has been denied or
the prosecution has rested its case
without such demurrer having been filed;
8. Establish and maintain coordination with
and the cooperation and assistance of
other states, jurisdictions, int’l entities
and orgs in preventing and combating
int’l terrorism;
9. Take action on relevant resolutions
issued by the UN Security Council;
10. Take measures to prevent the
acquisition and proliferation by terrorists
of weapons of mass destruction;
11. Lead in the formulation and
implementation of a nat’l strategic plan
to prevent and combat terrorism;
12. Request the SC to designate
specific divisions of the CA or RTC to
handle all cases;
13. Require other gov’t agencies,
offices, and entities and
officers/employees and non-gov’t orgs,
private entities/individuals to render
assistance to the ATC;
14. Investigate motu proprio or upon
complaint any report of abuse, malicious
application or improper implementation
by any person of the provisions of this
Act.
 Ban on Extraordinary Rendition (Sec. 48)
 Extraterritorial Application – the provisions of
this Act shall apply:
1) To a Filipino citizen/national who
commits any of the acts outside the
territorial jurisdiction of the PH;
2) To individual persons who, although
physically outside the territorial limits of
the PH, commit any of the acts inside the
territorial limits of PH;
3) To individual persons who, although
physically outside the territorial limits of
PH, commit any of the acts on board PH
ship or airship;
4) To individual persons who commit any of
the acts within any embassy, consulate
or diplomatic premises belonging to or
occupied by PH gov’t;
5) To individual persons who, although
physically outside the territorial limits of
 PH, commit said acts against PH citizens
or persons of PH descent, where their
citizenship or ethnicity was a factor;
6) To individual persons who, although
physically outside, commit said crimes
directly against PH gov’t.
7) For individuals who are neither a citizen
or national of PH, PH shall exercise
jurisdiction only when such person enters
or is inside the territory of PH: provided,
in the absence of any request for
extradition, the ATC shall refer it to BI
for deportation or to DOJ for prosecution,
in the same manner as if it was
committed in PH.
 Joint Oversight Committee (Sec. 50) – have
the authority to summon law enforcement or
military officers and the members of ATC; 12
members: chairperson of the Committee on
Public Order of the Senate and House of Rep.,
plus 5 from each house.
 Protection of most vulnerable groups (Sec. 51).