~ \I

_MEM:-Q-RY AID
Son Oeda Llnfversity CoJ!egtJ or Law ~ RGCT Bar Operatlons C<mter

a. fmployment or occupation; drops, or other electric service wires, without

b. Qegree of intelligence, physical condition; previous authority or consent of the private
and electric utility or rural electric cooperative
c. Qther circumstances regarding persons, concerned;
time and place (Id. at 1:321 ). b. Tapping, making or causing to be macie any
)
connectio11 to ll1e exi:;tin9 electric service
ELEMENTS OF SIMPLE IMPRUDENCE: facilities of any duly registered consumer
(LaNot) · without the latter's or the electric utility's
r.onsP.nt or authority;
1. · There is Lack of µrecaution on the part of the c. Tampering, installing or using a tampered
offender; and ·
electrical meter, jumper, current reversing
2. The damage impending to be caused is Not
transformer, shorting or sliunting wire, loop
immediate nor the danger clearly manifest
connection or any other device which
(REYES, Book Two, supra at"1334). interferes with the proper or accurate
registry or mP.tering of electric current or
otherwise results in .its diversion in a manner
SPECIAL PENAL LAWS whereby electricity is stolen or wasted;
d. · Damaging or destroying an electric meter,
equipment, wire or conduit or allowing any
SUMMARYOF of them to be so damaged or destroyed as
to interfere with the proper or accurate
ELEMENTS metering of electric current; and '
e. Knowingly using or receiving the direct
benefit of electric service obtained through
any .Qf the acts mentioned in subsections
, ,: (<;1),·(b), (c), and (d) above.
NEW ANTI-CARNAPPING,
ACTOF2016 _... 2 .. Theft of Electric Transmission Lines and
REPUBLIC ACT NO. 1 fi"8~3 Materials::_ (Sec. 3)
a. Cutting, sr1wino, slicing, separating,
splitt1rig, severing, smelting, or removing
any electric power transmission
ELEMENTS: (TIB-CoVIF), , 'Jine/mate[iafor meter from a tower, pole, or
'any other installation or place of installation
1. There is an actual Iaking of the vetJicle;
or any other place or site where it may be
2. The offender !ntends to gain from the takiny uf
the vehicle; ·· rightfully or lawfully stored, deposited, kept,
stocked, inventoried, situated or located,
_3. The vehicle _§elongs to a person other than t/le
without the consent of the owner, whether o·r
offender himself;·
not the act is done for profit or gain;
4. The taking is without the Consent ofJ!,e owner
b. I oking, carrying away or removing or
thereof; or that the taking was committed by
trnnsferring, with or without the use of a
means of Yiolence against or lntimidation of
motor vehicle or other means of
persons, or by using .Eorce upon things (People
conveyance, any electric power
v. Garcia, G.R. No. 138470, April 1, 2003).
trnnsmission line/material or meter from cJ
tower, pole, any ot11er installation or place of
installation, or any place or site where it may
be rightfully or lawfully stored, deposited,
ANTI-ELECTRICITY AND kept, stocked, inventoried. situated or
ELECTRIC TRANSMISSION located without the consent of the owner,
LINES MATERIALS whether or not the act is done for profit or
gain;
PILFERAGE ACT OF 1994 c. Storing, possessing or otherwise keeping in
REPUBLIC ACT NO. 7832 his premises, custody or control. any electric
power transmission line/material or meter
wi'.hout the co11sent of the owner, whether or
not the act is done for profit or gain; and
PUNISHABLE ACTS: d. Loading, carrying. shipping or moving from
1. Illegal Use of Electricity (Sec. 2) one place to another, whether by land, air or
a. T3pping, muking or causing to be mad8 ;:,ny son. uny electrical powteI lrc1rrsnrlssion
connection with overhead lines, service line/material, whether or not the act is done
 • '_h, ' ' ' • ' '

,, 386 . · SUMMARY OF ELEMENTS

Criminal Law

for profit or gain, without first securing a
clearance/permit for the said purpose from
its owner or the National Power Corporation
(NPC) or its regional office concerned, as
the case may be.
THE PHILIPPINE
FISHERIES CODE OF 1998
REPUBLIC ACT NO. 8550,
AS AMENDED BY
, REPUBLIC ACT NO. 10654
PUNISHABLE ACT$:
1. Unauthorized Fishing (Sec_ 86) • ,,, 118)
2. Engaging in Unauthorized Fisheries_ Activities
(Sec. 87) _. • ••- : .
3. Failure to Secure Fishing f>e'rrr\it Prior• to
Engaging in Distant Water Fh:;hing (Sec.. 88)
4. Unreported Fishing (Sec. 8~}
5. Unregulated Fishing (Sec.,90} ·-. _ _ -· _•
6_ Poaching in Philippine Waters (Ser.. 91)
7. Fishing Through ExploDivcs; Noxious _ or
or
Poisonous Subst;_:rnr.e, Fier:tr:icity (Sic: 92)
8_ Use of Fine Mesh Net {Sic. 93) . .
9_ Fishing in Overexploit~d Mc1f!c1g(;)rr1c=;r1l Areas
(Sec. 94) ; • .: ' .. ·
1Q_ Use of Active Gear in M\.micip91 Water.s;, Bays
and Other Fishery Managertie·nt'f-reas (Sec. 95)
11 _ Ban on Coral Exploitatiorl~md Exportation (Sec.
96) - Related"Measures (Sec. 125)
12_ Ban on Muro-ami, Other Methods and Gear
Destructive to Coral Reefs and Other Marine
Habitat (Sec. 97)
13. Illegal Use of Superlighls or Fishing Light
Attractor (Sec. 98)
14. Conversion of Mangroves (Sec. 99)
15. Fishing During Closed Season (Sec. 100)
16. Fishing in Marine Protected Areas, Fishery
Reserves, Refuge and Sanctuaries (Sec. 101)
17. Fishing or Taking of Rare, Threatened or
Endangered Species (Sec. 102)
18. Capture of Sabalo and Other
Breeders/Spawners (Sec. 103)
19. Exportation of Breeders, Spawners, Eggs or Fry
(Sec. 104)
20. Importation or Exportation of Fish or Fishery
Species (Sec. 105)
21. Violation of Harvest Control Rules (Sec. 1 06)
22. Aquatic Pollution (Sec. 107)
23. Failure to Comply with Minimum Safety
Standards (Sec. 108)
24. Failure lo Submit a Yearly Report on All
Fishponds, Fish Pens, and Fish Cages (Sec.
109)
25. Gathering and Marketing of Shell Fishes or
Other Aquatic Species (Sec. 110)
26.- Obstruction to Navigation or Flow or Ebb of Tide
in any Stream, River, Lake or Bay (Sec. 111)
27. Noncompliance with Good Aquaculture
Practices (Sec. 112)
28. Commercial Fishing Vessel Operators
Employing Unlicensed Fisherfolk, Fishworker or
Crew (Sec. 113) .
29, Obstruction of Defined Migration Paths (Sec.
114)
30. Obstruction to Fishery Law Enforcement (Sec.
115)
31. Noncompliance with Fisheries Observer
Coverage (Sec. 116)
32. Noncompliance with Port State Measures (Sec.
117)
33. Failure to Comply with Rules and Regulations on
Conservation and Management Measures (Sec.
~4. fJohcqmpliance with Vessel Monitoring
· . , Measures (Sec. 119)
. · .. :35_. Construtti'hg, Importing or Converting Fishing
Vessels .,-or- Gears. Without Permit from the
Depa'rtineht (Sec. 120)
36. Use ufbnlit'timse!;l Gear (Sec. 121)
37. Falsjfyin~Lcfonce~ling or Tampering with Vessel
..·. M~r~ings, ld~r,itity Qr Registration (Sec. 122)
38. Confealing; _Tarr1pering or rn~rosing of
Evicfence F\elating: to an Investigation of a
· Violl;ltion (Si.k. 12~),.
39. Noncornpliahce with the Requirements for the
I ntrdduction of f;oreign or Exotic Aquatic
Species ($~c. 124,j
40: Failure to Comply with Standards and Trade-
41. Pm~sessing, Dealing in or Disposing Illegally
Ca-~ighf"or Taken Fish (Sec. 126)
42. Unauthorized Disclosure of Sensitive Technical
.- lnforina'iion (Sec 127)
43. 0ther Violations (Sec. 128)
ANTI-f'ENCING LAW OF 1979
PRESIDENTIAL DECREE
NO. 1612
ELEMENTS: {CAKI)
1. A ~rime of robbery or theft has been cornrnille<..f;
2. The accused, who is not a principal or
accomplice in the commission of the crime of
robbery or theft, buys, receives, possesses.
keeps, 8cquires. conceals. sells or disposes, or
buys and sells; or in any manner deals in any
article, item, object or anything of value, which
 f&rlZm \ /

MEM:Q-RY AID
San Bede University Conegr: of t.flw - ROr.T f:IAr ll~mtkin<i C'ente-r
"
J:"'"'
,;', ·
'
387

has been derived from the proceeds of the said

crime; SYNDICATED F.ST. A.FA
3. The accused Knows or should have known that
the said article, item, object or anything of value
PRESIDENTIAL DECREE
has been derived from the proceeds of the crime NO. 1689
of robbery or theft;
4. There is, on the part of the accused, !ntent to
gai11 fur lrirnself or for another ((;ahulogan vs,
Peop/A, GR No, 225695, March 21, 2018). ELEMENTS:
1. Estafa or other forms of swindling under Artie/es
315 to :; 18 of the Revised Penal Code is
committed
BOUNCING CHECKS LAW .2. It is committed by a syndicate of five or more
· BATAS PAMBANSA BLG. 22 persons; and
3. Defraudation results in the misappropriation of
moneys contributed by stockholders, or
members of rural banks, cooperative,.samahang
nayon, or farmers' associations, or funds
PUNISHABLE ACTS: solicited by corporations/associations from the
1. Making or drawing and issuing a check knowing general public (People v. Tibayan, G.R. Nos.
at the time of issue that he does not have 209655-60, January 15, 2015).
sufficient funds (B.P. Big. 22, Sec. 1, Par. 1).

ELEMENTS: (MAKD)
B. That a por~on ,Makes or draws and .,."MIGRANT WORKERS AND
any check
b. That the check is made or drawn arwUssued
~!ftiJ~;ffl$,EAS FILIPINOS ACT
to apply on' Account or value; ' ' ' for . ••··• OF1995
c. That the person Knows that aCtt}t;):time of REHlmLIC ACT NO. 8042,
issue lie <.Ives not have sufficieritfunds iri or ·
credit with the drawee bank fbr' thet,1)''1111ent _/A!s AMENDED BY
of such check upon its presentmenf; and REPUBLIC
'":?.~-£,;__;,-. ,-~ :.·; :..,,:·_i·~ ,' ::;:~:-i:-f;.~.
ACT NO. 10022
d. That the check is subseqliently Q,1Sf1onored_ < t~>'.

by the drawee bank for insufficiencyctif funds_

or credit or would have been.di~l)cihqi-ed for
tho same reason had not the d1awer, Without
any valid reason, ordered the bc1nk to stop
payment (REYES, Book Two, supra at 86j-
M~.
2. Failing to keep sufficient funds or to mainta!n
credit to cover the full amount of the check (B.P.
Big. 22, Sec 1, Par. 2).
ELEMENTS: (S90D5)
a. That a person has §ufficient funds with the
drawee bank when he makes or draws and
issues a check;
b. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount if
presented within a µeriod of 90 days from
the date appearing thereon;
c. That the check is Dishonored by the drawee
bank (REYES, Book Two, supra at 862);
and
d. After receiving such written notice and
demand. refuses or fails to pi:ly the value of
the check within .§ banking days (FEST/N,
SPL, supra at 157).
.
1. The offender undertakes either any activity
within the meaning of "recruitment and
placement" defined under Article 13(b), or any
of the prohibited practices enumerated under
Ari. 34 of the Labor Code
2. He has no valid license or authority required by
law to enable one to lawfully engage in
recruitment and placement of workers; and
3. The illegal recruitment is committed by a group
of-three (3) or more persons conspiring or
confederating with one another (People v.
Gallo, G.R. No. 187730, June 29, 2010).
PROHIBITED ACTS (R.A. 8042, Sec. 6 as
amended by R.A. No. 10022, Sec. 5)
When any person, regardless of whether he is holder
of a license or authority, performs any of the
following prohibited acts:
1. To charge or accept directly or indirectly any
amount greater than that specified in the
schedule of allowable fees prescribed by the
 ml!m!iim \ /
. . '

MEM,Q-RY AID
Son Beda Unfversity Collage of law - OOCT Bar Operations Ct;Jnter ,-~ )
.,·-';
~' : ': ,; <
. 389

Filipino worker or deduct from his or her salary ACTS PUNISHABLE UNDER SEC. 28
the payment of the cost of insurnnce fees, and 29
premium or other ins11rnnce reiated charges, -as
1.
---------------
Unlawful acquisition or possession of firearms
provided under the compulsory wo,kur's
and ammunition (Sec. 28),
insurance coveI8ye.
2. Use of loose firearm, when inherent in the
commission. of a crime; shall be considered as
an aggravating circumstance (Sec. 29).
ANTI-ILLEGAL NUMBER
GAMESIAW
PRESIDENTIAL DECREE ANTI-HAZING ACT OF 2018
NO. 1602, REPUBLIC ACT NO. 8049,
AS AMENDED BY AS AMENDED BY
REPUBLIC ACT NO. 9287 REPUBLIC ACT NO. 11053

Illegal Numbers Game is any form of illegal gambling ELEMENTS: (ESP)

activity which uses numbers or combinations thereof 1. A person is placed in some gmbarrassing or
as factors in giving out jackpots (R.A. No. 9287, Sec humiliating situation or §_ubjected to physical cir
2). These are: psychological suffering or injury; and
1. Jueteng 2. These acts were employed as a frerequisite for
An illegal numbers game that involves the the person's admission or entry into an
combination of thirty-seven (37) numbers ., .. • ;,; :ornclni?fl:frfon (People v. Bayabos, G .R. No . .
against thirty-seven (37) numbers from number 17i22i';;i;t()bruary 18, 2015).
~ .-;..
one (1) to thirty seven (37) or the corJibihation of
thirty-eight (38) numbers in some ari',as,.serving PUNISHABLI; ACTS: (PFAC)
as a form of local lottery where bets are. placed
1. farticjpatlbn ir the hazing;
and accepted per combination, and its variants.
2. Eailute tq pre,yent the hazing from occurring
df;:~P.Jt~,.?-9~H,.-. · ,wledge thereof;
2. Masiao
An illegal numbers game wherethe winning
3. ~d4~J:ei~n~L the ~azing; and .
4. .Q_ooperatIoh in carrying out the hazing by
combination is derived from thefesuits of the inducing the victim to t:>e present thereat (R.A.
last game of Jai Alai or the Special Llave portion ·• , ,:N.9- 8049, Sec. 4).
or any result thereof bc1scd on any f1Ctitious Jai
Alai game consisting of ten (10) players pitted
against one anothBr, and its variants.
COMPREHENSIVE
3. Last Two
An illegal numbers game where the winning DANGEROUS DRUGS ACT
combination is derived from the last two (2) OF2002
numbers of the first prize nf the winning
Sweepstakes ticket which comes out during the
REPUBLIC ACT NO. 9165,
weekly draw of the Philippine Charity AS AMENDED BY
Sweepstakes Office (PCSO), and its variants. REPUBLIC ACT NO. 10640

COMPREHENSIVE ACTS PUNISHABLE UNDER SEC. 5 of

FIREARMS AND R.A. No. 9165: (ST AD 3 T)
AlVIMUNITION 1. §.ale of Dangerous Drugs (DD) and/or
Controlled Precursors and Essential Chemicals
REGUIATION ACT (CP/EC);
REPUBLIC ACT NO. 10591,
AMENDING P.D. NO. 1866 ELEMENTS OF ILLEGAL SALE: (ID)
a. The !dentity of the buyer and the seller, the
AND R.A. N0.8294 object and the consideration of the sale; and
 '' ' '\
390
b. The Qelivery of the thing sold and the
payment therefor (People v. Vil/af)ermosa,
G.R. No. 186465, June 2, 2011).
2. Irading - Transactions involving the illegal
trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using
electronic devices such as, but riot limited to,
text messages, email, mobile or landlines, two-
way radios, internet, instant messengers and
chat rooms or acting as a broker in any of such
transactions whether for money or any other
consideration in violation of this Act (R.A. No.
9165, Sec. 3, Par.jj).
3. ~dministration. - Any act of introducing any
dangerous drug into the body of any person, with
or without his/her knowledge, by injection,
inhalation, ingestion or other means; or of
committing any act of indispensable assistance
to a person in administering a dangerous drug to
himself/herself unless administered by a duly
licensed practitioner for purposes of ryied19ation
(R.A. No. 9165, Sec. 3, Par. a). ,. ' . ;...
4. Qispensation -Any act of givingwaway, s.ellin,g: or·. ··•
distributing medicine or any d,?Tlg°Elrpu's 9rdg with
or without the use of prescriptign (ff!?,/No.,9165;
SRr. . .1, PM. m). ,; . . ..
5. _Qelivery - Any act of ;knowingly PflSSing a
dangerous drug to a.nether,;. persQnal_ly or
otherwise, and by any [means, with 6r wi,thout
consideration (R.A No.(9{65, 9ec. 3, par. k).
6. Distribution of DD and/or GP/EC; and.:·
7. fransportation of DD a1citor Ci?/EC. ·
POSSESSION OF DANGERQUS'DRUGS
(Sec. 11)
ELEMENTS: (PINC)
1. The accused is in _Eossession of an item or
object, which is !dentified to be prohibit~d or
regulated drug; ·
2. Such possession is _t!ul c:1ul11uiiLeLl by law,anu
3. The accused freely and fonsciously possessed·
the drug (People v. Trinidad, GR. No. 199898,
September 3, 2014).
' CODE OF CONDUCT AND
ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND
EMPLOYEES
REPUBLIC ACT NO. 6713
PROHIBITED ACTS AND
TRANSACTIONS (Sec. 7): (FOOS)
1. finonciol Gnd motoriol intoroct. · Public offir.i:il,,
and employees shall not, directly or indirectly,
SUMMARY OF ELEMENTS
Criminal Law
have any financial or material interest in any
transaction requiring the approval of their office.
2. Qutside employment and other activities related
thereto. - Public officials and employees during
their incumbency shall not:
a. Own, control, manage or . accept
employment as officer, · employee,
consultaf)t, counsel, broker, agent, trustee
or nominee in any private enterprise
regulated, supervised or licensed by their
office unless expressly·alfowed by law;
b. Engage in the private practice of their
profession unless authorized by the
Constitution or law, provided, that such
practice will not conflict or tend to conflict
with their official functions; or
c. Recommend any person to any position in a
private enterprise which has a regular or
pending official transaction with their office.
-3, . Disclosure and/or misuse of confidential
: information. - Public officials and employees
st,iaU•nolc,yse or divulge, confidential or classified
infor/naliortofficially known to them by reason of
their'offi9e"arid not made available to the public,
either; . . ·.
a. ·:To ''turthe·r thP-ir priw1t8 int8msts, nr oivP.
undue_ advantage to anyone; or
b. To preh.1di¢e t~e public interest.
4. §olicitation , or .. accieptance of gifts. - Public
officials and employees shall not solicit or
accept, directlf'or indirectly, any gift, gratuity,
favor, entertainnje'nt, loan or anything of
monetary val@frorn any person in the course of
their official duties or in connection with any
operation being regulated by, or any transaction
which niay be affected by the functions of their
office:
ANTI-GRAFT AND CORRUPT
PRACTICES ACT
REPUBLIC ACT NO. 3019,
ASAMENDED
CORRUPT PRACTICES OF PUBLIC
OFFICIALS: (VG-PEUN-D1 2 LD)
1. Persuading, inducing or influencing another
public officer to perform an· act constituting a
Y.iolation of rules and regulations duly
promulgated by competent aut~ority or an
offense in connection with the official duties of
the latter, or allowing himself to be persuaded,
induced,' or influenced to commit such violation
or offense {R.A. No. 3019, Sec. 3. Par. a);
 mm.ma \ '
MEM:Q~Y AID
San Boda University College of LBw - RGCT Bar Operations Cantor
ELEMENTS: (PAV)
a. The offender is a fublic officer;
b. The offender persuades, induces, or
influences Another public officer to perform
an act or the offender allows himself to be
persuaded, induced, or influenced to commit
.:in rict; and
c. The act performed by the other public officer
or committed by the offender constitutes a
Yiolation of rules and regulations duly
prornulgated by comreh=mt authority or an
otteneo In connoction with the official duly of
the latter (Ampi/ v. Office of the
Ombudsman, G.R. No. 192685, July 31,
2013).
2. Directly or indirectly requesting or receiving any
Q.ift, present, share, percentage, or benefit, for
himself or for any other person, in connection
with any contract or transaction between the
government and any other party, wherein the
public officer in his official capacity has to
intervene under the law (R.A. No. 3019, Sec. $';; ·
Par. b); · · ·
ELEMENTS: (ORB-CR)
a. The Qffender is a public officer; ·'-/
b. Who _!!cquested or received'''B · gift, a
prci::cnt, a 3hare, a percentage, i:,,r Y.~riefH; .
c. On §ehalf of the offender pr aFJY,: other
person; . public positions;
d. In Connection with a contract 0l'll.:111saction
with the government; an.if . . ·-.
e. In which the public officer. in arf,;official
capacity under the law, ti'as. the _Bight to.
intervene (GRrr.ia v:
Sandiganb,ayai,; G.R.
No. 15[i[i74, Nuvfdmber 20, 200$). ·
3. Directly or indirectly requesting or rec;ei_ving any
gift, rm'lsent or other ·pecuniary 0rY•h1otoriel
benefit, for himself or for another, from any
person for whom the public officer, in any
manner or capacity has secured or obtained, or
will secure or obtain, any government fermit or
license, in consideration for the help given or to
be given, without prejudice to Sec. 13 of this Act
(R.A. No. 3019, Sec. 3, Par. c);
ELEMENTS: (PSe-HeRe)
a. That the offender is a Eublic officer;
b. That in any manner or capacity he has
Secured or obtained, or would secure or
obtain, for a person any government permit
or license;
c. That he requested or received the gift,
present or other pecuniary or material
benefit in consideration for Help given or to
be given; and
d. That he directly or indirectly Requested or
received from s;:iid person any gift, present
or other pecuniary or material benefit for
himself or for another (Tecson v.
Sandiganbayan, G.R. No. 123045,
November 16, 1999).
4 Accepting or having any member of his family
;:icceµt !;_111ploymant in a private enterprise which
has pending offlclal business with him during the
pendency thereof or within one ( 1) year after its
termination (R./\. No. 3019, Sec . .1, Pai: d);
5. Causing any !,!ndue injury to any party, including
the governrpent, or giving any private party any
unwarranted benefits, advantage or preference
in the discharge of his official, administrative or
judicial functions through manifest partiality'.
evident bad faith or gross inexcusable
negligence. This provision shall apply to officers
and employees of offices or Government
corporations charged with the grant of licenses
or permits or other concessions (R.A. No. 3019,
Sec. 3, Par. e);
H< ELEMENTS: (P 2 U2A)
f· a. That. the accused are Public officers or
,; ; )i? • •·· prjyatj;l persons charged iii conspiracy with
·tttem';;
b. That S,iJid public officers committed the
frqhibit~rl acts during the performance of
theiir ;official duties or in relation to their
c. I hat they caused !,!ndue injury to any party,
· }.',(t'tetb'e(11}~;c.Government or a private party;
d. Th~(isuch· injury was caused by giving
!,!nwarranted benefits, advantage · or
preference to ~ut.:11 parties; And
. Tbal lhe public officers ~cted with manifest
partiality, evident bad faith or gross
inexcusable negligence (Dela Chica v.
Sandigc111buyan, G.R. No. -f44823,
December B, 2003).
6. t!eglecting or refusing, after due demand or
request, without sufficient justification, to act
within reasonable time on any matter pending
before him for the purpose of obtaining, directly
or indirectly, from any person interested in the
matter some pecuniary or material benefit or
advantage, or for .the purpose of favoring his
own interest or giving undue advantage in favor
of or discriminating against any other interested
party (R.A. No. 3019, Sec. 3, Par. f);
ELEMENTS: (PORN)
a. The offender is a E_ublic officer;
b. Such failure to act is for the purpose of
Q_btaining, directly or indirectly, from any
person intere:,ted in the matter some
pecuniary or material benefit or advantage
in favor of c1n interested party, or
 ',. ! ' ' . , . ,•
392 · . .-· . SUMMARY OF ELEMENTS
I • ,1) I Criminal Law
discriminating against another interested
party;
c. Reasonable time has elapsed from such
demand or request without the public officer
having acted on the matter pending before
him; and
d. The said officer has _lieglected or has
refused to act without sufficient justification
after due demand or request has been made
on him (Sa/vacion v. Sandiganbayan, G.R.
No. 175006, November 27, 2008).
7. Entering on behalf of the Government, into any
contract or transaction manifestly and grossly
.Qisadvantageous to the same, whether or not
the public officer profited or will profit thereby
{R.A. No. 3019, Sec. 3, Par. g);
ELEMENTS: (PED)
a. That the accused is a Eublic officer;
b. That he .!;_ntered into a contract or
transaction on behalf of the goverrii'nent;
and . 2_.
c. That such contract or transaction, is.gfossly
and manifest!{ .Qisadvantageous to· the
government (Braza v.Bandiganbayan, G.R;
No. 195032, February 20, 2013).
8. Directly or indirectly having financial or
pecuniary !nterest in any business, contract or
transaction in connection with which he
intervenes or takes part in his officiaLcapc1city,
or in which he is prohibited by the Constitution
or by any law from having any interest (R.A. No.
3019, Sec. 3, Par. h);
ELEMENTS: (PF-TIP)
a. That the accused is a Eublic; officer;
b. That he has a direct or indirect financial or
pecuniary interest in any business, contract
or transaction; and
c. He either:
i. Jakes part or !ntervenes in his official
capacity in connection with such
interest; or
ii. Is Erohibited from having such interest
by the Constitution or by any law (Teves
v. COMELEC, GR No. 180363, April
28, 2009).
9. Directly or indirectly becoming !nterested, for
personal gain, or having material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member;
and which exercises discretion in such approval.
even if he votes against the same or does not
participate in the action of the board, committee,
panel or group (R.A. No. 3019, Sec. 3, Par. i);
Knowingly approving or granting any _bicense,
permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
qualified or entitled (R.A. No. 3019, Sec. 3, Par.
j);
10. Qivulging valuable information of a confidential
character, acquired by his office or by him on
account of his official position lo unauthorized
persons, or rejeasing such information in
advance of its authorized release date (R.A. No.
3019, Sec. 3, Par. k).
PROHIBITION ON PRIVATE
INDIVIDUALS: (AIKI)
1. Taking ~dvantage of family or close personal
relation with public official who has to Jntervene
in some business, transaction, application,
request or contract of the government with any
other person; by directly or indirectly requesting
or,.receiving any preserit, gift, or material or
p9.cupi~ry advantage from such public official.
Jinowingly !nducing or causing any public official
to, commitany of the offenses defined in Sec. 3
of this Act (R.A No. 3019, Sec. 4).
PROHIBITION ON CERTAIN RELATIVES:
The spouse cir 'ariy' rl:llative, by consanguinity or
affinity, within tn_e third civil degree, of the President,
the Vice-President, Senate President, or the
Speaker_ of the-·- House of Representatives of the
Philippines is prohibited to intervene directly or
indirectly, in any business, tr~nsaction; contract or
application with the government.
EXCEPTIONS:
1. Any person who, prior to the assumption of office
ofany'of those officials to whom he is related,
has been already dealing with the government
along the same line of business;
2. Any transaction, contract or application already
existing or pending at the time of such
assumption of public office;
3. Any application filed by him, the approval of
which is not discretionary on the part of the
official or officials concerned but depends upon
compliance with the requisites provided by law,
or rules or regulations issued pursuant to law;
and ·
'1. Any act lawfully performed in an official capacity
or in the exercise of a profession (R.A. No. 3019,
Sec. 5).
PROHIBITION ON MEMBERS OF
CONGRESS: UNLAWFIL ACTS
1. Member of Congress: To acquire or receive any
personal pecuniary interest in any specific
business enterprise which will be directly and
particularly favored or benefited by any law or
resolution authored by him previously approved
 fZ'iE1llD \ /
MEM-Q-RY AID
San Boda Univorolty Collogci of low •- nocr Oer Oper&tion9 Cento,
or adopted by the Congress;
2. Any other public officer who recommended the
initiation in Congress of the enactment or
adoption of any law or resolution: To acquire or
receive any such interest during his
incumbency;
3. Both member of Congress and publir. officer: If
he/she has an interest prior to the approval of
such law or resolution authored or
recommended by him, continues for thirty (30)
days after such approwil to retAin such interest
(R.A. No. 3019, Sec. 6).
ANTI-PLUNDER ACT
REPUBLIC ACT NO. 7080,
AS AMENDED BY
R.A. NO. 7659
ILL-GOTTEN WEALTH
Any asset, property, business enterprise or mater,lt:l~}}f~
possession of any person within the purvi§W of}}
Section 2 hereof, acquired by him -,f!,if.bctly _or ,
indirectly through dummies, nomine~~. agents;\'
subordinates arnl/01 business assocl~!es;:!qy . any
combinatio11 or series of the follq)Nirig aj~~:i'i$ or .
:-ii111il1-1r Sr.hemes: (MRS-MAC) ·" ,...., ". :: ,,,,.,.•
1. Through .M_i~appropriati?n,aQ9riVt?$]0~/!:1isl!,~~
or malversat1on of public funds or rari:fs,on thf;r.
~·(:'.'.'·:·, .
public treasury; ~, .. .i ' ,
:2. By Receiving, directly or indirectly, any
commission, gift, share, percentage, kickbacks
or any other form of pecuniary beneflHr-om ~PX, >,
person and/or entity in connection. with}ifiy
government contract/project or by re'asor:i <Jf the
. office/position; · · ··
3. By obtaining, receiving or accepting, directly or
indirectly, any ~hares of stock, equity or any
other form of interest or participation including
promisP. nf f11t11re employment in any bui;;iness
enterprise or undertaking;
4. By establishing agricultural, industrial or
commercial Monopolies or other combinations
and/or imp~menting decrees and orders
intended to benefit particular persons or special
interests;
5. By taking undue {ldvantage ot ott1c1al position,
authority, relationship, connection or influence to
unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the
Filipino people and the Republic of the
Philippines; or
6. [3y the illegal or fraudulent fonveyance or
disposition of assets . belonging to the
government (R.A. No. 7080, as amended by
R.A. No. 7659, Sec. 1, Par. d).
PLUNDER
Any public officer who, by hirnself or .in connivance
with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or
other persons, amasses, accumulates or acquires ill-
gotten wealth through a combination or series of
overt criminal acts as described in Section 1(d}
hereof in the aggregate amount or total value of at
least Fifty million pesos (PS0,000,000.00} shall be
guilty of the crime of plunder ::ind shall be punished
by reclusion perpetua to death. Any person who
participated with the said public officer in _the
commission of an offense contributing to the crime
of plunder shall likewise be punished for such
offense (Sec. 2, as amended by Sec. 12 of R.A No.
7659).,
,;, ,_,;~,,
'' J fj \ ING OFFENSES
DED)
1. Mo .. g is committed by any person
:
wllu, !mowing that any monetary 111i;lru111ent or
property represents, involves, or relates to the
""" eeds of any unlawful activity: (TC 2 A2 P)
3ahsacts said monetary instrument or
property;
b. Converts transfers, disposes of, moves,
acquires,' possesses, or uses said monetary
instrument or property;
c. Conceals or disguises the true nature,
source, location, disposition, movement or
ownership of or rights with respect to said
monetary instrument or property;
d. ~!tempts or conspires to commit money
launderin·g offenses referred to in
paragraphs (a), (b), or (c);
e. ~ids, abets, assists in or counsels the
commi88ion of thn money laundering
ottenses referred to iri paragraphs (a), (b},
or (c} above; and
f. Performs or fails to perform any act as a
result of which he facilitates the offense of
money laundering referred to in paragraphs
(a), (b), or (c) above.
2. Money laundering is also committed by any
covered person who, knowing that a covered or
suspicious transaction is required under this Act
 ' .
:_ 394 . . . ''
< • ' Criminal Law
to be reported to the Anti-Money Laundering
Counc,~I (AMLC), fails to do so (R.A No. 9160,
Sec. 4, as further amended by R.A. No. 10365,
Sec. 4).
OBSTRUCTION OF JUSTICE
LAW
PRESIDENTIAL DECREE
NO. 1829
PUNISHABLE ACTS: (PAHD-MATG)
1. ~reventing witnesses from lesliryi11g in any
criminal proceeding or from reporting the
commission of any offense or the identity of any
o~ender/s by means of _,tiribery;
misrepresentation, deceit, intimidation; fofC€:!, or
threats; ./ " . ' · ·,
2. ~ltering, destroying, suppressjng, o},cgiiJea1ir'ig
~ny paper, record, docum~5t'Qt pfJ)ect, :with-
rntent to impair its verity, 9i:Jth!;lriticjty, legibility,
availability, or admissibility iaS.-f:}yiaen~ in any
investigation of or ofpcial pmcee<;lings in,
criminal cases, or to be (Jsed in,the inv~stigation
of, or official proceeding's in, .C,riininal c~ses;
3. .!:!arboring or concealjng, .. pric facilita,ting the
!;)scape of, any pers~n;C h_e f knowsv \or has
reasonable ground to ~eliey~\or susp~.;;t;- h·as
committed any offense:. tinder existing/penal
Jaws in order to prevent 'pis arrJst, proSflc0tiori
and conviction; · · · · jumping on tl)e stomach;
4. fublicly using a fictitious n'a(lle for th1: p4rpose..
of concealing a crime, evading prose'cuJion or •
the execution of a judgment, or,cor::ic'?alih~ chis
true name and other personal ciq::un;ist.:'ttjce~dor
the same purpose or purposes; .,
5. Qelaying the prosecution of criminal cases by
obstructing the service of process or court
orders or disturbing proceedings in the fiscal's
offices, in Tanodbayan, .or in the courts;
6. Making, presenting, or using any record,
document, paper or object with knowledge of its
falsity anc:l with intP.nl to affP.c:t lhP. c:oursP. or
outcome of the . investigation ·of, or official
proceed111g5 1n, cru11111al ca5es,
7 Snlic:itin!J, ~Cr.P.ptin!], or 8QIP.P.ino lo 31".CP.pl ;my
benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a
criminal offender;
8. Ihreatening directly or indirectly another with
the infliction of any wrong upon ·his person,
honor or property or that of any immediate
member or members of his family in order to
prevent such person from appearing in the
investigation of, or official proceedings in,
criminal cases. or imposing a condition, whether
SUMMARY OF ELEMENTS
lawful or unlawful. in order to prevent a person
from appearing . in the investigation of or in
official proceedings in, criminal cases; and
9. Qiving of false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecUng the life or property of the victim;
or fabricating information from the data gathered
in confidence by investigating authorities for
purposes of background information and not for
publication and publishing or disseminating the
same to mislead the investigator or to the court
(P.D. No. 1829, Sec. 1).
ANTI-TORTURE ACT
OF2009
REPUBLIC ACT NO. 9745
-!-.:,:.
,PUNl~HABL,E,ACTS:
. C 'Physi#ai tg,11~,re
- is\a for_m'Oftreatment or punishment inflicted
by cl; perso,n in avtflority or agent of a person in
authprity u~oof a'n<i>ther in his/her custody that
cau~es sev~re- pai!J, exhaustion, disability, or
dysfµnction (of onr;;0r more parts of the body,
such as: (Sf:ECS-J~0-FEP2O)
a. f §y~tem~tic _., ~eating, head banging,
pl!hchir_ig, ldqkipg, striking with truncheon or
.. rifle putt or other similar objects, and
b. ,Eood deprjvation or forcible feeding with
spoiled fo,od, animal or human excreta and
other sJuff or substances not normally e~ten;
t.. . J;lec::tric shock;
d. ·Qigarette burning; burning by electrically
heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on
mucous membranes, or acids or spices
directly on the wound(s);
e. The ~ubmersion of the head in water or
water polluted with excrement, urine, vomit,
and/or blood until the brink of suffocation-
f. Being Tied or forced to assume fixed ~ml
stre33ful bodily po3ition;
g. Rape and sexual abuse, including the
insertion of foreign objects into the sex
organ or rectum, or electrical torture of the
genitals;
h. Mutilation or Amputation of the essential
parts of the body such as the gen1talia, ear,
tongue, etc.;
i. Qental torture or the forced extraction of the
teeth;
j. Pulling out of fingernails;
k. Harmful Exposure to the elements such as
 8i!'l1SZD \ /

MEM:Q-RYAID
San Beda Unlveraity CoJ!ege of law - RGCT Bar Operations Cante<
395

I
4
~-
tf
I.
sunlight and extreme cold;
The use of materials like Plastic bag and
oihers piaced over the head to the point of
asphyxiation;
ELEMENTS
TFRROR!SM:
1.
OF THE CRIME

Engagement in any of the following acts,

OF

regardless of the stage of execution: .

"
m. The use cif _Esychoactive drugs to change
the perception, memory, alertness. or will of
a person; such as administration of drugs to
induce confession and/or reduce mental
competency; use of drugs to induce extreme
pain or certain symptoms of a disease; and
n. Other analogous acts of physical torture
(RA No. 9745, Sec. 4, Par. a).
2. Mental or Psychological Torture
- acts committed by a person in _authority or
agent of a person in authority which are
calculated to affect or confuse the mind and/or
undermine a persqn's dignity and morale, such
as: (BTS-P2 UMTD-SCA)
a. Blindfolding.
b. Threatening a person(s) or his/her
relative(s) with bodily harm, executi~m 9fctt'
other wrongful acts;
c. Confinement in solitary cells or §ecr!;'it>./1:
detention places; ' -. "1'
d. _erolonged interrogation; · >'}?
e. Preparing a prisoner for a "show tri,9p;e_ublic
displc1y or public humiliation of a'c)etainee or
prisoner; )>- ·. . .. . ,
f. Causing Y,nscheduled trans.fer.of J i:>,erson
deprived of liberty from''"·one Rlace to
another, creating th.e beJiet that lie/~he shall
be summarily executed;•/ '''"'" ,.
g. ,Maltreating a member/s of 8cf~_rs·<?r;l:? family;;;
h. Causing the Iorture sessions to be
witnessed by the person's family, refotives
or any third party; ·· ·· · · ·
i. Denial of sleep/rest;
j. Shame infliction such as stripping the
person naked, parading him/her'ih pu~lic
places, shaving the victim's head or putting
marks on his/her body against his/her will;'
k. Deliberately prohibiting · the victim to
£ommunicate with any member of his/her
family; and
I. Other analogous acts
mental/psychological torture (R.A. No.
9745, Sec. 4, Par. b).
ANTI-TERRORISM ACT
OF2020
REPUBLIC ACT NO. 11479
a. acts intended to cause death or serious
bodily injury to any person, or endangers_ a
person's life
b. acts intended to cause extensive damage or
destruction to a government or public
facility, public place or private property
c. acts intended to cause extensive
interference with, damage or destruction to
critical infrastructure
d. Develops, manufactures, possesses,
acquires, transports, supplies or uses
weapons,· exclusiv.es or of biological,
nuclear, radi9logical or chemical weapons;
or
e. Release of dangerous s·ubstances, or
causing fire, floods or explosions; and
Ix, _
2 The purpose of engagement in any of the acts
under paragraph (a) by its nature and context, is
,:tJ,1. · to:
to intimidate the general public or segment
f,
an atmosphere or spread a message
of •.
to ijfqV,ke or influence by intimidation. the
goyeifnment or any international
,Y f! t
omanizatlpn, or
,., riodsly (iestroy the fundamental political,
> · · seriously undermine public
4.1, /RR)
CONSPIRACY TO COMMIT TERRORISM
!S,.£2pspiracy when two (~) or· more. pern~ns
. . lh:1Wagreement concerning the comm1ss1on
of terrorism and decide to commit the same (R,A.
11479, Sec. 7).
PROPOSAL TO .COMMIT TERRORISM
This is committed by any person who proposes to
commit terrorism as defined in Section 4 (R.A.
11479. Sec. 8).
of
INCITING TO COMMIT TERRORISM
This is committed by any person who, without taking
any direct part in the commission of terrorism, shall
incite others to the execution of any of the acts
specified in Section 4 by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end (R.A.
11479, Sec. 9).
 .
., ,
.
'

396 . SUMMARY OF ELEMENTS

Criminal Law

HUMAN SECURITY ACT THE TERRORJSM

OF2007 FINANCING PREVENTION
REPUBLIC ACT NO. 9372 AND SUPPRESSION ACT
OF2012
REPUBLIC ACT NO. 10168
ELEMENTS: (AFP)
1. Offender commits an Act punishable under any
of the cited provisions of the RPG, or under any
of the enumerated special penal laws;
PUNISHABLE ACTS:
2. Commission of the predicate crime sows and 1. Financing of Terrorism (Sec. 4)
creates a condition · of widespread and a. Directly or indirectly, willfully and without
extraordinary · Eear and panic among the lawful excuse, possessing, providing,
populace; and · collecting or using property or funds or
3. The furpose of the crime is to coerce the making available property, funds or financial
government to give in to an unlawful· demand service or other related services, by any
(Southern Hemisphere Engagement Network, means, with the unlawful and willful intention
Inc. v. Anti-Terrorism Council, G.R. No. 17(!_5,52; that they should be used or with the
October 5, 2010; R.A. No. 9372, Sec,,,3f :: ..j<nowledge that they are to be used, in full or
.. ,,.• ,'1,
iri'part: .
PREDICATE OF CRIMES Of/ i: ta c;:irry out or facilitate the commission
Qf'aiiy terrorist act;
TERRORISM: ·v / ii:. by a feJrorist organization, association
1. Under the RPC: (PReCK-:,Mp) •.. \ / .· ' or grbi'Jp; or
a. _!:iracy in, g~neral ::1116 MUtil)Y in {ho High )ii. by ah iridiyidual terrorist
Seas or in the Philippine W 9ters (,f.rt. 122); b. Orgariizi('ig: <'ir'; directing others to commit
b. Rebellion or lnsurre(';tion:(Ah. 134jr . financing ~fJerlprism
c. ~oup d'etat, inclu~1ni;(acfs comitiitted by
private persons (Art. 1:}4~fi!J; · 2. Dealing with Property or Funds of
d. ,!Sidnapping and Serious, 'lllegarl;)~tention Designated Persons (Sec. 8)
(Art. 267); : t: \ , :.. ' . a. bealingidirectly or indirectly, in any way and
e. Murder (Art. 248); and . . •· . : :by ant: 'means, fwith any property or fund that
f. Crimes involving Qestruction':(Art. 324). he ts.nows o/ has reasonable ground to
bel.ieve is {>wned or controlled by a
2. Under Special Laws: (FAP~TH) . designated person, organization,
a. Decree Codifying the Law,s on ljlegal. and asE1ociation or group of persons, including
Unlawful Possession, Manuf,;1cture', De.afjng. fudds, derived or generated from property or
in. Acquisition or Disposition •of,f:ireartns. funds owned or controlled, directly or
Ammunitions or Explosives (P.O. No. 1{166) indirectly, by a designated person,
b. Law on 8rson (P.O. No. 1613); organization, association or group of
c. Anti-f_iracy and Anti-Highway Robbery Law persons;
of 1974 (P.O. No. 532); b. Making available any property or funds, or
d. ~tomic Energy Regulatory and Liability Act financial services or other related services to
of 1968 (R.A. No. 5207); a designated and/or identified person,
e. Toxic Substances and Hazardous and organization, association, or group of
Nuclear Waste Control Act of 1990 (R.A. No. persons.
6969); and
f. Anti-!:!ijacking Law (R.A. No. 6235) (R.A.
No. 9372, Sec. 3).
ANTI-WIRE TAPPING LAW
REPUBLIC ACT NO. 4200

. PUNISHABLE ACTS:
It shall be unlawful for any person: (TPA)
1. Not being authorized by all the parties to any
private communication or spoken word, to Iap
 ..
tlilRIID - \ /

ME~fQ~Y AID
Son 8oda Univorei\y Colleg,, of u,w • RC3CT Bw Oµ,<,ratlons Cr;nter
. . 397

any wire or cable, or by using any other device a. fybersex;

or arrangement, to secretly overhear; intercept, b. Chi!d .e_ornography;
or record such communication or spoken word c. !!_nsolicited Commercial Communications;
by using a device commonly known as a and
dictaphone, dictagraph, walkie-talkie, or tape d. !)be! (R.A. No. 10175, Sec. 4).
recorder, or however otherwise described (Sec.
1, Par. 1); 4. Other Offenses (Sec. 5)
2. Be a participant or not in the act or acts a. Aiding or Ahl'!tting in the Commission of
· penalized in the next preceding sentence, to Cybercrirne ·
knowingly e_os:;css ,my tape recorc-J, wire record, Any person Who willfully cibets or aids In
disc record, or any other such record, or copies the commission of any of the offAnses
thereof, of any cornniu11ication or spoken word enumerated in this Act shall be held liable
accured either before or .:ifter the effective date (Par. a).
of this Act in the manner prohibited by this law;
or to replay the same for any other person or b, Attempt in the Commission of
I persons; or to communicate the contents
thereof, either verbally or in writing, or to furnish
Cybercrime
Any person who willfully attempts to
transcriptions thereof, whether complete or commit any of the offenses enumerated in
partial, to any other person; and this Act shall be held liable (Par. b).

NOTE: The use of such .record or any copies

thereof as evidence ·in any civil, criminal
investigation or trial of offenses mentioned . in ANTI-CHILD
Sec. 3 hereof; shall not be covered by this'
prohibition (Sec. 1, Par. 2). PORNOGRAPHY
3. Willfully or knowingly doAf. or who al).oll Aid,
t
' :; l;i~L;,. .. ACT OF 2009
permit, or cause to be done any:•;Of'the acts .
REP:UBLIC
/:; ::
ACT NO. 9775 \

declared to be unlawful in the prec:fi9ing,section

.,· ii '
or who violates the provisions qf,!he [0ll0w'ing
section or of any order issued"lhereJ'nder, or
PUNISt,iAS.LE\~.CTS: (P 5 -CHEW-FEK)
aids, permits, or causes su~J{violation,(Sec. 2).
1. To-Pco . ,tftl~~ct, manufacture or create any
for~bf ' ____ '.j5Sfnography;
2, To P.ublish offer, lr.:1nsmit, sell, distnbtJtf!,
CYBERCRIME PREVENTION broadcast, advertise, promote, export or import
. ,Bony form of child pornography;
ACTOF2012 •- 3!'· 1ToRossess any form of child pornography with
REPUBLIC ACT NO. 1Q175
.- _,
- ·-
the intent to sell, distribute, publish, or
broadcast: Provided, that possession of three
(3) or more articles of child pornography of the
same form shall be prirna facie evidence of the
CYBERCRIME OFFENSES: intent to sell, distribute, publish or broadcast;
4. For a !:arent, legal quardian or person having
1. Offenses Against the Confidentiality,
custody or control of a child to knowingly permit
Integrity and Availability of Computer Data •
and Systems (120S-MC):
the child to engage, participate or assist in any
form of child pornography;
a. !llegal Access;
5. To .e_ossess any form of child pornography;
b. !llegal Interception;
6. To g_onspire to commit any of the prohibited acts
c. Data Interference;
stated in this section. Conspiracy to commit any
d. ~ystem Interference;
form of child pornography shall be committed
e. Misuse of Devices;
when two (2) or more persons come to an
f. fyber-squatting (R.A. No. 10175, Sec. 4).
agreement concerning the commission of any of
the said prohibited acts and decide to commit it;
2. Computer-Related Offenses: (F 2 1)
7. To !:!ire, employ, use, persuade, induce or
a. Computer-related forgery;
coerce a child to perform in the creation or
b. Computer-related ,Eraud;
production of any form of child pornography;
c. Computer-related !dentity Theft (R.A. No.
8. To sngage in the luring or grooming of a child;
10175, Sec. 4).
9. To Willfully access any form of child
pornography;
3. Content-Related Offenses: (CPUL)
 ' ..
398 . SUMMARY OF ELEMENTS
· Criminal Law

10. For Film distributors, theaters and or any similar activity through VCD/DVD,
telecommunication companies, by themselves internet, cellular phones and other similar
or in cooperation with other entities, to distribute means or device ((R.A. No. 9995, Sec. 4, Par.
any form of child pornography; d).·
- 11. To !;_ngage in pandering of any form of child
pornography; and
12. To _!Snowingly, willfully and intentionally provi<;le
a venue for the commission of prohibited acts ANTI-SEXUAL
as, but not limited to, dens, private rooms,
cubicles, cinemas, houses or in establishments
HARASSMENT ACT OF 1995
purporting to be a legitimate business (R.A. No. REPUBLIC ACT NO. 7877
9775, Sec. 4).

ELEMENTS OF CHILD PORNOGRAPHY:

ELEMENTS:
(CEVE)
1. The offender has aut~ority, influence or moral
1. That there must be representation of a !::,hild;
ascendancy over victim in a work, training, or
2. That the child is !;ngaged or involved in real or
education environment;
simulated explicit sexual activities;
2. The offender demands, requests or otherwise
3. That the representation of the child may ~~- .•·
.r,equires any sexual favor from the victim (I
Visual, audio, or written form or corribination .
CAMPANJLLA, SPL, supra at 51).
thereof; and ,., ,,., :'~ .
4. That the representation of tt-ie;•~hilq !iit
by_
Electronic, mechanical, digitai,:6ptid:il, n\:igriEltlc
jt{ . . . '\~~
or any other means (/ CAMPf{Niu;A,; $Pi, $Upra
•c•~~i,,

at 143-144).
·. ANTI-TRAFFICKING IN
PE.l{S()NS ACT OF 2003
REP~lflC);_ACT NO. 9208,
ANTI-PHOTO A:N'rivinEo .- i AS.AMENDED BY
-~PUBLICl\.ct No. 10364
voYEurusM ACTbF 2do9 I•

-REPUBLIC ACT NQ. 9995 ?. .. ' -· ..;, ·~~

·: .. ·.

J:>UNISHAE:lLE ACTS:
1. 'Acts of.Traffic~ing in Persons: (RIO-UMAFO-
PUNISHABLE ACTS: (TCSP) AC~B0} ,.
1. To Take photo or video coverage of a p"er.soh br a. To •Recruit, obtain, hire, provide, offer,
group of persons performing sex_µal 'ad or'any transport, transfer, maintain, harbor, or
similar activity or to capture an Tm,'!ge: of the riicetve a person by any means, including
private area of a person/s such as the hakid or those done. under the pretext of domestic or
undergarment clad genitals, pubic area. overseas emp1oyment or training or
buttocks or female breast without the consent of apprenticeship, for the purpose of
the person/s involved and under circumstances prostitution, pornography, or sexual
in which the person/s has/have a reasonable exploitation;
expectation of privacy (R.A. No. 9995, Sec. 4, b. To Introduce or match for money, profit, or
Par. a); material, economic or other consideration,
2. To fopy or reproduce, or to cause to be copied any person or, as provided for under RA
or reproduced, such photo or video or recording 6955, any Filipino woman to a foreign
of sexual act or any similar activity with or national, for marriage for the purpose of
without consideration (R.A. No. 9995, Sec. 4, acquiring, buying, offering, selling or trading
Par. b); him/her to engage in. prostitution,
3. To Sell or distribute, or cause to be sold or pornography, sexual exploitation, forced
distributed, such photo or video or recording of labor, slavery, involuntary servitude or debt
sexual act, whether it be the original copy or bondage;
reproduction thereof (R.A. No. 9995, Sec. 4, Par. c. To Offer or contract marriage, real or
c); or simulated, for the purpose of acquiring,
4. To Publish or broadcast, or cause to be buying, offering, selling, or trading them to
published or broadcast, whether in print or engage in prostitution, pornography, sexual
broadcast media, or show or exhibit the photo or
video coverage or recordings of such sexual act
Cil:IJllllD \/
MEM:Q:RY Al D
Son Sada University ~ of l.nw - R{;c;T ~ OperntOO~ Cooter
exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
d. To !,!ndertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose or utilizing and
offering persons for prostitution,
pornography or sexual exploitation;
e. · To Maintain or hire a person to engage in
prostitution or pornography;
t. To 8dopt persons by any form of
consideration for exploitative purposes or to
facilitate the same for purposes of
prostitution, pornoQraphy, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
g. To adopt or Eacililate the adoption of
persons for the purpose ·of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
h. To recruit, hire, adopt, transport, transfer,
obtain, harbor, maintain, provide, offe.r,;;.
receive or abduct a person, by means;t~f.
threat or use of force, fraud, deceit, violen¢'1n;
coercion' or intimidation for the purpose'}be\r
removal or sale of Qrgans of said persc:i,n;'
i. To recruit, transport, obtain, transf(;)r,hatbor,
maintain, offer, l1ire, provide,.·. receive or:·
adopt a child to engage in 8rm~. 9clivities>
in the Philippines or abroad; . . . ,
J. To recruit, transport, transfer'.harbdt'obtain,
111ainlc1i11, uHer, hire, Pt◊vide or,receive a
person by means defin~:i:1 in Sei;;tibp 3 'for
purposes of forced labor, sJav,~i:y, debt.
bondage and involuntaty ·SeP(itudej'
including a scheme, plari; ,or pattern
intended to £ause the person either(•
i. To believe .that if the per§on did ,r,i_or
perform such labor or services, heior
she or another person woul~ ·. suffer
serious harm or physical restraint; or
ii. To abuse or threaten the use of law or
the legal processes; and
k. To recruit, tr 9nsport, harbor, obtain, transfer,
maintain, hiro, nffr:?r, provide, adopt or
receive a child for purposes of exploitation
or trading them, including but not limited to,
the act of baring and/or selling a child for any
consideration or for .§.arter for purposes of
exploitation. Trafficking for purposes of
exploitation of children shall include:
i: All forms of slavery or practices similar
to slavery,. involuntary servitude, debt
bondage and forced labor, including
recruitment of children for use in mm0.rl
conflict;
ii. The use, procuring or offering of a child
for prostitution, for the production of
pornography. or for pornographic
performances;
· 399
iii. The use, procuring or offering of a child
for the production and trafficking of
drugs; and
iv. The use, procuring or offering of a child
for illegal activities or work which, by its
n;:iti irP. or the circumstances in which it
Is carried out, is likely to harm their
health, safety or morals; and
I. To Qrganize or direct other persons to
commit the offenses defined as .acts of
trafficking (R.A No. 9208, as amended by
R.A. No. 10364, Sec. 4).
2. Attempted Trafficking in Persons
In cases ~here the victim is a child, any of the
following . acts shall also be deemed as
attempted trafficking in persons: (FERS 2)
a. Eacilitating the travel of a child who travels
alone to' a foreign country or territory without
valid reason therefor and without the
required clearance or permit from the
-'·t.f.
r, Department of Social • Welfare and
Jl~t Development, or a written permit or
::,.< ··• · justification from the child's parent or legal
guaroian;
r · · ing, for a consideration, an affidavit of
tor a written consent for adoption;
B_ec~.1 ;ng a woman to bear a child for the
purpoM,of selling the child;
d. §ip'111\~tir\o r1 birth for the purpose of soiling
tiff! r.nilrl: 'and
e. §eliciting a,child and acquiring the custody
-gh any means from among
, clinics, nurseries, daycare
centers, refugee or eviJCUt.1lion centers, and
low-income families, for the purpose of
the child (R.A. No. 9 745, as amended
No. 10364, Sec. 4-A)
3. Acts that Promote Trafficking in Persons
(Sec. 5, RA 9208 as amended by Sec. 8, RA
10634): (LPA 2-FC-BDe 2 U)
a. To knowingly !,_ease or sublease, use or
allow to be used any house, building or
e~tablishmenl lu1 llw purpose of promot1ny
trafficking in persons;
b. To froduce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and
certificates of any government agency which
issues these certifi.cates and stickers as
proof of compliance with government
regulatory and pre-departure requirements
for the purpose of promoting trafficking in
persone;
c. To 8dvertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the use
of information technology and the internet,
 \I,._' • ' _, , ,:

' ' '

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· 400
' '
· , SUMMARY OF ELEMENTS
Criminal Law
. .

ofany brochure, flyer, or any propaganda

material that promotes trafficking in persons:
d. To ~ssist in the conduct
misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and
necessary exit documents from government
agencies that are mandated to pmvide pre-
departure registration and services for
departing persons for the purpose of
promoting trafficking in persons;
e. To facilitate, assist or help in the exit and
entry of persons from/to the country at
international and local airports, territorial
boundaries and seaports who . are in
possession of · unissued, tampered or
fraudulent travel documents for the purpose
of promoting trafficking in persons;
f. To ~onfiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked,,,
persons in furtherance of traffic_~ing'.' or to ·
prevent them from leaving the',:c,qurifr:y or
seeking redress from the ,ctjov,ernmen( or·
appropriate agencies; ., :. · \ _.,.. ,..
g. To knowingly ftenefit-_'frori'i,,,fin~ricial or
otherwise, or make ds'e.. b(,.)Jhe ,iabor or
services of a person·held tl::r'a condition of
involuntary servitu!'lc1. forced l~bor,. or
slavery, . ,. · .•· -..
h. To tamper with, destrdy; or cause t_he
Destruction of eviderJG(j!, or to influence. or
attempt to influence . wrtnes.ses, . in an
investigation or prosecutlori; · · •· ·•-.
i. To Destroy, conceal; re~ove, co~fisc~te or'
possess, or attempt . to destroy, conceal,
remove, confiscate or·• possess, _any actual .
or purported passport- or other. travel,
immigration or working permit or document;
or any other actual or purported govern·ment.
identification, of any person in. o·rder to
prevent or restrict, or attempt to prevent or
restrict, without lawful authority, the person's
liberty to move or travel in order to maintain
the labor or services of that person; or
j. To !l_tilize his or her office to impede the
investigation, prosecution or execution of
lawful orders.
4. Qualified Trafficking in Persons (Sec. 6, RA
9208 as amended by Sec. 9, RA 10634):
(CASA-PM-AIDS-60M)
a. When the trafficked person is a ~hild;
b. When the ~doption is effected through RA
8043, otherwise known as the "Inter-
Country Adoption Act of 1995" and It Is for
the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude nr rleht honorigfl;
c. Wt1e11 lile cri111e is committed by a
§_yndicate, or in large scale:
ANTI-VIOLENCE AGAINST
of WOMEN AND THEIR
CHILDREN ACT OF 2004
REPUBLIC ACT NO. 9262
ELEMENTS: (RAD)
1. The offender has or had a sexual or dating
Relationship with the offended woman;
2. The offender, by himself or through another,
commits an Act or series of acts of harassment
against the woman; and
3. The harassment alarms or causes substantial
emotional or psychological Qistress to her (Ang
v. Sagud, G.R. No. 182835, April 20, 2010).
. re
SPE(;~ PROTECTION OF
I CH{L:IlRE:N AGAlNSTCHILD
. AnUSE,~XPLOITATION
A'ND)JIS~RIMINATION,
. AS1AMENDED
..
REPUB,LI~1ACT NO. 7610
ELEMENTSjOF;SE.XUAL ABUSE UNDER
SEC 5(a), ~rt. Ill of R.A. No. 7610: (EACA)
·1.. The accused fngages in, promotes. facilitates
or induces chil_d prostitution;·
2. ,.Ttie ~ct b Ll0ne through, but not limited to, the
. foHowir'lg means: (PIA-VM)
· a. actihg as a frocurer of a child prostitute;
., .b. '!nducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;
c. taking ~dvantage of influence or
relationship to procure a child as a
prostitute;
d. threatening or using Yiolence towards a
child to engage him as a prostitute; or
e. giving Monetary consideration, goods, or
othP.r f)P.r:11nirlry bP.nP.fit to a child with intent
to engage such child in prostitution;
3. The f hild is exploited or intended to be exploited
in prostitution; ahd
4. The child, whether male or female, is below
1U years of Age (People v. Dulay, C.R. No. 193854,
September 24, 2012).
,-·

-
MEM✓Q:RY
\/

Snn Booo Uriv9rolty CoHogo oi Lnw

AID
'

RGCT Bot OporotioM Cooter

401

ELEMENTS OF SEXUAL ABUSE UNDER gratification of the perpetrator with the effect
SEC.-5(b), Art. !II of R.A. No. 7610: {SPA) of demeaning, harassing, threatening or
intimidating the offended party including
1. The .accused commits the act of §.exual flashing of private . parts, public
intercourse or lascivio11s conduct;
masturbation, groping, and similar lewd
2. The said act is Performed with a child exploited
sexual actions (R.A. No. 11313; Sec. 11-b)
in prostitution or subjected to other sexual
abuse;and
3. Third-Degree Offenses:
3. The child, whether male or female, is below 18 a.· Stalking
years ofM}e (Garingarao v. People, G.R. No. b. Any of the acts mentioned in Section 11
192760, July 20, 2011). paragraphs (a) and (b), when accompanied
by touching, pinching or brushing against
the body of the offended person; or
c. Any touching, pinching, or brushing against
SAFE SPACES ACT the genitalia, face, arms, anus, groin,
REPUBLIC ACT NO. 11313 · breasts, inner thighs, face, buttocks or any
part of the victim's body even when not
accompanied by acts mentioned in Section
11 paragraphs (a) and (b) (R.A. No. 11313,
The Safe Spaces Act addresses four (4) categories Sec. 11-c).
of gender-based sexual harassment: gender-based .,.J,,.
streets and public spaces sexual hamssmen,:_,;:;t·!f
GENDER-BASED - ONLINE SEXUAL
gender-based online sexual harassment; gendE:t],{;Y,
HARASSMENT
based sexual harassment in the workplace; a~?Ji\
gender-based sexual harassment in educational a~d:/
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training institutions. •": ,§if,,- online sexual harassmBnt includes
.. ,.;:, acts l"" information and communications
GENDER-BASED STREET~[ AND., , ;f · te9hnology t~\~errorizing and intimidating victims
PUBLIC SPACES \.S§XUAL , :~[: \~ro~ihy:sioti_.{ :_~;i,_,chological, and emotion-al threats,
HARASSMENT . ·,. " · -- Y :,,
1/1; unwa~ted: sexual misogynistic, transphobic,
PUNISHABLE ACTS: ho '" ' ic ahd sexist remarks and comments
1. First-Degree Offenses:
a. Cursing
~mt,.. .'g'ei;
1mublicly or through direct and

b. Wolf-whistling 1fl 2. Invasion of victim's privacy through

c. Catcalling
d. Leering and intrusive gazing . ..
e. Taunting, pursing, unwantod invltntiona.
f. Misogynistic, transphobic, homophobic, and
sexist slurs · ·
g. Persistent unwanted comments ~ri one's
appearance
h. Relentless requests for one's personal
details such as name, contact and social
media details or destination
i. Use of words, gestures or actions that
ridicule on the basis of sex, gender or sexual
orientation, identity arid/or expression
including sexist, homophobic,
iransphobic statements and slurs
j. Persistent telling of sexual jokes
k. Use of sexual names, comments and
· demands; and
I. Any statement that has made an invasion on
a person's personal space or threatens the
person's sense of personal safety (R.A. No.
11313, Sec. 11-a).
:_:;f:._,_,_,_> cyberstalking and incessant messaging;
.'• ading and sharing without the consent of
· ./J~Jlii m, any form of media that contains
photos, voice, or video with sexual content;
4. Any unauthorized recording and sharing of any
of the victim's photos, videos, or any information
on line;
5. Impersonating identities of victims online or
posting lies about victims to harm their
reputation; or
6. Filing, false abuse reports to online platforms to
silence victims (R.A. No. 11313, Sec. 12)
and GENDER-BASEDSEXUAL
HARASSMENT IN THE WORKPLACE
PUNISHABLE ACTS:
1 . An act or series of acts involving any unwelcome
sexual advances, requests.or demand for sexual
favors or any act of sexual nature, whether done
verbally, physically or through the use of
technology such as text messaging or electronic

I
mail or through any other forms of information
2. Second-Degree Offenses: and communication systems, that has or could
a. Making offensive Liuuy gestures at someone have a detrimental effect or, ll 1ti wrn.lilions of an
and exposing private parts for the sexual