Memory Aid Bar Crimalw

San Beda College of Law 1
MEMORY AID IN CRIMINAL

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2. that the offender either made,

TITLE IV: CRIMES AGAINST PUBLIC imported or uttered such coins
INTEREST 3. that in case of uttering such false or
counterfeited coins, he connived
Chapter One: Forgeries with the counterfeiters or importers
Section 1- Forging the Seal of the “COUNTERFEITING” - means the
Government of the Philippine Islands, imitation of a legal or genuine coin.
the signature or stamp of the Chief
Executive “UTTERING” - to pass
counterfeited coins
 ART. 161 – COUNTERFEITING SEAL
OF GOVERNMENT, SIGNATURE AND KINDS OF COINS THE COUNTERFEITING
STAMP OF PRESIDENT OF WHICH IS PUNISHED:
a) Silver coins of the Philippines or
Acts punished: coin of the Central Bank
1) Forging the Great Seal of the b) Coin of the minor coinage of the
Government of the Philippines. Philippines or the Central Bank
2) Forging the signature of the c) Coin of the currency of a foreign
President country
3) forging the stamp of the President
 Former coins withdrawn from
 If the signature of the president is circulation maybe counterfeited
forged, it is not falsification of
public document
 ART. 164 - MUTILATION OF COINS-
IMPORTATION AND UTTERANCE OF
 ART. 162- USE OF FORGED MUTILATED COINS
SIGNATURE, COUNTERFEIT SEAL
OR STAMP Acts Punished:
1) Mutilating coins of the legal
ELEMENTS: currency, with the further
1. that the seal of the Republic was requirement that there be intent to
counterfeited, or signature or stamp damage or to defraud another
forged by another person. 2) Importing or uttering such mutilated
2. that the offender knew of the coins, with the further requirement
counterfeiting or forgery that there must be connivance with
3. that he used the counterfeit seal or the mutilator or importer in case of
forged signature or stamp uttering
 The offender must not be the forger “MUTILATION”- to take off part of the
otherwise the crime committed is metal either by filing it or substituting it
forgery under Art. 161. for another metal of inferior quality.
 The coin must be of legal tender in
Section Two - Counterfeiting Coins mutilation
 ART. 163 – MAKING AND IMPORTING
AND UTTERING FALSE COINS  ART. 165 - SELLING OF FALSE OR
MUTILATED COIN, WITHOUT
ELEMENTS: CONNIVANCE
1. that there be false or counterfeited
coins Acts Punished:
1) Possession of coin, counterfeited or
mutilated by another with intent to
utter the same knowing that it is
false or mutilated
CRIMINAL LAW COMMITTEE

CHAIRPERSON: Mark David Martinez  EDP: Elaine Masukat  ASSISTANTS: Catherine Danao, Albert Rodriguez, Claro
Regino Sampaga, Gizelle Lou Cabahug, Mary Karen Quizon, Leo San Juan, Ma. Victoria Yambao, Ryan Lita, Bayani Brillante, Jr.
2 2005 CENTRALIZED BAR OPERATIONS
2) Actually uttering false or mutilated 2) The offender knows that any of

coin, knowing it to be false or these instrument is forged or
mutilated falsified
 Does not require that false coin is
legal tender 3) That he performs any of these acts:
a) Using any of such forged or
falsified instruments
Section Three - Forging treasury or b) Possession with intent to use,
bank notes, obligations and securities; any of the forged or falsified
importing and uttering false or forged documents
notes, obligations and securities
 ART 169 - HOW FORGERY IS
 ART. 166 - FORGING TREASURY OR COMMMITTED
BANK NOTES OR OTHER DOCUMENTS
AND UTTERING THE SAME How Committed:
1) By giving to treasury or bank note or
Acts Penalized: any instrument payable to bearer or
1) Forging or falsification of treasury or to order the appearance of a true
bank notes or other documents and genuine document
payable to bearer
2) Importation of the same 2) By erasing, substituting, or altering
3) Uttering the same with connivance by any means the figures, letters,
with forgers or importers words or signatures contained
therein
 Uttering forged bills must be with
connivance  Includes falsification and
counterfeiting
 ART - 167 COUNTERFEITING,
IMPORTING AND UTTERING Sec. 4- Falsification of legislative,
INSTRUMENT NIOT PAYABLE TO BEARER public, commercial and private
documents and wireless, telegraph and
ELEMENTS: telephone messages
1) That there be an instrument payable
to order or other document of credit
not payable to bearer  ART170 - FALSIFICATION OF
2) That the offender either forged , LEGISLATIVE DOCUMENT
imported or uttered such instrument
3) That in case of uttering he connived ELEMENTS:
with the importer or forger 1) That there be a bill, resolution or
ordinance enacted or approved by
either House of the Legislative or
 ART 168 - ILLEGAL POSSESSION AND any provincial board or municipal
USE OF FALSE TREASURY OR BANK council
NOTES AND OTHER INSTRUMENTS OF 2) The offender alters the same
CREDIT 3) That alteration changed the meaning
ELEMENTS: of the document
1) That the treasury or bank note or
certificate or other obligation and  ART 171 - FALSIFICATION BY PUBLIC
certificate payable to bearer or any OFFICER, EMPLOYEE OR NOTARY OR
instrument payable to order or other ECCLESIASTICAL MINISTER
document of credit not payable to
bearer is forged or falsified by ELEMENTS:
another 1. That the offender is a public officer,
employee or notary public.
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
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2. That he takes advantage of his b) that such person or persons

official position made statements in that act
When: or proceeding
a) He has the duty to make or c) that the offender in making a
prepare or otherwise to document, attributed to such
intervene in the preparation of person, statements other than
the document those in fact made by such
b) He has the official custody of the person.
document which he falsifies
iv. MAKING UNTRUTHFUL STATEMENTS
 If he did not take advantage of his IN A NARRATION OF FACTS
official position, he would be guilty
of falsification of public document Requisites:
by a private individual. a) That the offender makes in a
document statements in a narration
3. The offender falsifies a document, of facts
b) That he has the legal obligation to
DOCUMENT- any written statement by disclose the truth of the facts
which a right is established or an narrated by him
obligation extinguished or by which a c) That the facts narrated by the
fact may be proven or affirmed offender are absolutely false
d) That the perversion of truth in the
DIFFERENT MODES OF FALSIFYING A narration of facts was made with
DOCUMENT: the wrongful intent of injuring a
third person
i. COUNTERFEITING OR IMITATING ANY
HANDWRITING ,SIGNATURE OR RUBRIC v. ALTERING TRUE DATES
Requisites:  Date must be essential.
a) That there be an intent to imitate
or an attempt to imitate  The alteration of the date or dates
b) The two signature or handwriting, in a document must affect either
the genuine and the forged bear the veracity of the document or the
some resemblance to each other effects thereof.
ii. CAUSING IT TO APPEAR THAT
PERSONS HAVE PARTICIPATED IN AN ACT  Alteration of dates in official
OR PROCEEDING receipts to prevent discovery of
malversation is falsification
Requisites:
a) that the offender caused it to vi. MAKING ALTERATION OR
appear in a document that a INTERCALATION IN GENUINE DOCUMENT
person or persons participated WHICH CHANGSE ITS MEANING
in an act or proceeding
b) that such persons did not in Requisites:
fact so participate in the a) That there be an alteration or
action proceeding intercalation (insertion) on a
document
iii. ATTRIBUTING TO PERSONS WHO b) That it was made on a genuine
HAVE PARTICIPATED IN ANY ACT OR document
PROCEEDING STATEMENTS OTHER THAN c) That the alteration and
THOSE IN FACT MADE BY THEM intercalation has changed the
meaning of the document
Requisites: d) That the change made the
a) that persons participated in document speak something false
an act or proceeding

vii. ISSUING IN AN AUTHENTICATED 3. Use of falsified documents

FORM A DOCUMENT PURPORTING TO BE A
COPY OF AN ORIGINAL DOCUMENT WHEN ELEMENTS:
NO SUCH ORIGINAL EXIST OR INCLUDING Introducing in a judicial proceeding-
IN SUCH A COPY A STATEMENT 1. that the offender knew that the
CONTRARY TO OR DIFFERENT FROM THAT document was falsified by
OF THE GENUINE ORIGINAL another person
2. that he false document was
 CANNOT be committed by a private embraced in Art. 171 or in any
individual or by a notary or public subdivisions No.1 or 2 of art. 172
officer who DOES NOT take 3. that he introduced said
advantage of his official position. document in evidence in any
judicial proceeding
 Intent to gain or prejudice is not
necessary Use in any other transaction-
1. That the offender knew that the
document was falsified by
 ART. 172 - FALSIFICATION BY another person
PRIVATE INDIVIDUALS AND USE
OF FALSIFIED DOCUMENTS 2. that the false document was
embraced in Art. 171 or in any of
Acts Punished: subdivision No. 1 or 2 of Art. 172
1. Falsification of public, official or
commercial document by a private 3. that he used such document (not
individual in judicial proceeding)
4. that the use of the false

ELEMENTS: document caused damage to
a) The offender is a private another or at least it was used
individual or a public officer or with intent to cause damage
employee who did not take
advantage of his official position FALSIFICATION AS A MEANS TO COMMIT
b) That he committed any of the ESTAFA
acts of falsification enumerated
in Art.171
c) That the falsification was
committed in a public or official
or commercial document
2. Falsification of private document by

any person
ELEMENTS:
a) That the offender committed
any of the acts of falsification
except those in par. 7,
enumerated in Art.171.
b) That the falsification was
committed in a private
document.
c) That the falsification caused
damage to a third party or at
least the falsification was
committed with the intent to
cause damage

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FALSIFICATION OF FALSIFICATION OF
PUBLIC/OFFICIAL PRIVATE
OR COMMERCIAL DOCUMENT
DOCUMENT
When committed as Even when

a necessary means to committed as a
commit estafa, necessary means to
complex crime is commit estafa, the
committed crime is either estafa
or falsification only,
because in this type
of falsification, an
act independent of
falsification is
required to show
intent to defraud

FALSIFICATION BY PRIVATE INDIVIDUAL Section Six – Manufacturing, importing

VS. FALSIFICATION OF PUBLIC OFFICER and possession of instruments or
Art. 172 Art. 171 implements intended for the
commission of falsification
The prejudice to a Prejudice to third
third party is taken person is immaterial;
into account so that what is punished is  ART. 176 - MANUFACTURING AND
if damage is not the violation of POSSESSION OF INSTRUMENTS AND
apparent, or at least public faith and the IMPLEMENTS FOR FALSIFICATION
if with no intent to perversion of truth
cause it, the Acts Punished:
falsification is not 1) Making or introducing into the
punishable Philippines any stamps, dies, marks,
or other instruments or implements
 ART. 173 - FALSIFICATION OF for counterfeiting
WIRELESS, CABLE, TELEGRAPH AND 2) Possession with intent to use the
TELEPHONE MESSAGES AND USE OF instruments or implements for
SAID FALSIFIED MESSAGES counterfeiting or falsification made
in or introduced into the Philippines
Acts Punished: by another person
1. Uttering fictitious wireless,
telegraph, or telephone messages Chapter Two: Other Falsities (Arts.
177-184)
2. Falsifying wireless, telegraph or
telephone messages Section One – Usurpation of authority,
rank, title, and improper use of
3. Using such falsified messages names, uniforms and insignia
Section Five – Falsification of medical  ART. 177 - USURPATION OF

certificates, certificates of merit or AUTHORITY OR OFICIAL FUNCTIONS
service and the like
HOW COMMITTED:
 ART. 174 - FALSE MEDICAL 1) By misrepresenting oneself to be an
CERTIFICATES, FALSE CERTIFICATE OF officer, agent or representative of
MERIT OR SERVICE the government, whether local,
national or foreign
PERSONS LIABLE: 2) By performing any act pertaining to
1. physician or surgeon who, in a person in authority or public
connection with he practice of officer of the government under the
profession issued a false certificate pretense of official position and
2. public officer who issued a false without authority
certificate of merit or service, good
conduct or similar circumstances  May be violated by a public officer
3. private individual who falsified a
certificate falling in the classes  ART. 178 - USING FICTITIOUS NAME
mentioned in Nos. 1 and 2 AND CONCEALING TRUE NAME
 ART. 175 - USING FALSE ELEMENTS: (using fictitious name)

CERTIFICATES 1) That the offender uses a name other
than his real name
ELEMENTS: 2) That he uses that fictitious name
1) that a false certificate mentioned in publicly
the preceding article was issued 3) That the purpose of the offender is-
2) that the offender knew that the a. To conceal a crime
certificate was false b. To evade the execution of a
3) that he used the same judgment

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c. To cause damage to public  ART.181 - FALSE TESTIMONY

interest FAVORABLE TO THE DEFENDANT
ELEMENTS: (Concealing true name)  Conviction or acquittal of defendant
1. That the offender conceals- in principal case not necessary
a. his true name
b. all other personal
circumstances ART. 182 - FALSE TESTIMONY IN CIVIL
2. That the purpose is only to conceal CASES
his identity
ELEMENTS:
1) That the testimony must be given in
 ART. 179 - ILLEGAL USE OF UNIFORM a civil case
OR INSIGNIA 2) That the testimony must relate to
the issues presented in said case
ELEMENTS: 3) That the testimony must be false
1) That the offender make use of 4) That the false testimony must be
insignia, uniform or dress given by the defendant knowing it to
2) That the insignia, uniform or dress be false
pertains to an office not held by the 5) That the testimony must be
offender or to a class of person of malicious and given with an intent to
which he is not a member affect the issues presented in said
3) That said insignia, uniform or dress case.
is used publicly and improperly
 ART. 183 - PERJURY
Section Two - False Testimony
Two ways of committing perjury:
FALSE TESTIMONY- is committed by 1. By falsely testifying under oath
any person who, being under oath, and 2. By making a false affidavit
required to testify as to the truth of a
certain matter at a hearing before a ELEMENTS:
competent authority, shall deny the 1) That the accused made a statement
truth or say something contrary to it. under oath or executed an affidavit
upon a material matter
 ART. 180 - FALSE TESTIMONY 2) That the statement or affidavit was
AGAINST A DEFENDANT made before a competent officer
authorized to receive and administer
ELEMENTS: oath
1. That there be a criminal proceeding
2. That the offender testifies falsely 3) That in that statement or affidavit,
under oath against the defendant the accused made a willful and
therein deliberate assertion of a falsehood
3. That the defendant who gives false
testimony knows that it is false 4) That the sworn statement or
4. That the defendant against whom affidavit containing the falsity is
the false testimony is given is either required by law
acquitted or convicted in a final
judgment  ART.184 - OFFERING FALSE
TESTIMONY IN EVIDENCE
 Defendant must be sentenced to at
least a correctional; penalty or a ELEMENTS:
fine, or must be acquitted 1) That the offender offered in
evidence a false witness or
testimony

2) That he knew the witness or

testimony was false NOTE: Arts. 188 and 189 have been
3) That the offer was made in a judicial repealed by the Intellectual Property
or official proceeding Code.
Chapter Three: Frauds (Arts. 185-189) RA 455- LAW ON SMUGGLING
 ART. 185 - MACHINATIONS IN PUBLIC Acts Punishable:
AUCTIONS 1. That the merchandise must have
Acts Punishable: been fraudulently or knowingly
1. Soliciting any gift or promise as a imported contrary to law
consideration for refraining from 2. That the defendant if he is not the
taking part in the public auction importer himself, must have
received, concealed, bought, sold or
2. Attempting to cause bidders to stay in any manner facilitated the
away from an auction by threats, transportation, concealment, or sale
gifts, promises or any artifice of the merchandise and that he must
be shown to have knowledge that
 There should be an intention to the merchandise had been illegally
reduce the price imported.
ART. 186 - MONOPOLIES AND TITLE FIVE: CRIMES RELATED TO OPIUM
COMBINATIONS IN RESTRAINT OF AND OTHER PROHIBITED DRUGS
TRADE
REPUBLIC ACT NO. 9165
Acts Punishable: COMPREHENSIVE DANGEROUS
1. Combination or conspiracy to DRUGS ACT OF 2002
prevent free competition in market (Repealing RA No. 6425, otherwise
2. Monopoly to restrain free known as the Dangerous Drugs Act
competition in market of 1972)
3. Making transactions prejudicial to
lawful commerce or to increase the Declaration of Policy (Sec. 2)
market price of merchandise 1. It is the policy of the State to
safeguard the integrity of its
 If the offense affects any food territory and the well-being of its
substance or other particles of citizenry particularly the youth, from
prime necessity, it is sufficient the harmful effects of dangerous
that initial steps are taken. drugs on their physical and mental
well-being and to defend the same
 ART. 187 - IMPORTATION AND against acts or omissions detrimental
DISPOSITION OF FALSELY MARKED to their development and
ARTICLES OR MERCHANDISE MADE preservation.
OF GOLD, SILVER OR OTHER 2. To provide effective mechanisms or
PRECIOUS METALS OR THEIR ALLOYS measures to re-integrate into society
individuals who have fallen victims
ELEMENTS: to drug abuse or dangerous drug
1) That the offender imports, sells or dependence through sustainable
disposes any of those articles programs of treatment and
2) That the stamps, brands or marks of rehabilitation.
those articles or merchandise fail to
indicate the actual fineness or Controlled Precursors and Essential
quality of said metal or alloy Chemicals – include those listed in
3) That the offender knows that the Tables I and II of the 1988 UN Convention
stamps, brands, or marks fail to Against Illicit Traffic in Narcotic Drugs
indicate the actual fineness or and Psychotropic Substances.
quality of said metal or alloy

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Dangerous Drugs – include those listed allowed to use the same in

in the Schedules annexed to the 1961 such place.
Single Convention on Narcotic Drugs, as b) Should any dangerous drug
amended by the 1972 Protocol, and in be the proximate cause of
the Schedules annexed to the 1971 the death of a person using
Single Convention on Psychotropic the same in such den, dive
Substances. or resort.
 If such den, dive or resort is
UNLAWFUL ACTS AND PENALTIES (ART. owned by a third person, the
II) same shall be confiscated and
escheated in favor of the
Dangerous Drugs government.
1. Importation 4. Employees and Visitors of a Den,
 The maximum penalty shall be Dive or Resort
imposed upon any person who, 5. Manufacture of Dangerous Drugs
without being authorized, shall 6. Manufacture or Delivery of
import or bring into the Equipment, Instrument, Apparatus
Philippines dangerous drugs and Other Paraphernalia
through the use of diplomatic  The maximum penalty shall be
passport, diplomatic facilities or imposed upon any person, who
any other means involving uses a minor or a mentally
his/her official status intended incapacitated individual to
to facilitate the unlawful entry deliver such equipment,
of the same. In addition, the instrument, etc.
diplomatic passport shall be 7. Possession of Dangerous Drugs
confiscated and cancelled. 8. Possession of Equipment,
2. Sale, Trading, Administration, Instrument, Apparatus and Other
Dispensation, Delivery, Distribution Paraphernalia
and Transportation  The possession of such
 The maximum penalty shall be equipment, instrument, etc.
imposed: shall be prima facie evidence
a) If the sale, trading, etc. that the possessor has smoked,
transpires within one consumed, administered to
hundred (100) meters from himself/herself, injected,
the school. ingested or used a dangerous
b) For drug pushers who use drug.
minors or mentally 9. Possession of Dangerous Drugs During
incapacitated individuals as Parties, Social Gatherings and
runners, couriers and Meetings.
messengers, or in any other 10. Possession of Equipment,
capacity directly connected Instrument, Apparatus and Other
to the trade. Paraphernalia During Parties, Social
c) If the victim of the offense is Gatherings or Meetings
a minor or a mentally 11. Use of Dangerous Drugs
incapacitated individual, or 12. Cultivation or Culture of Plants
should a dangerous drug Classified as Dangerous Drugs or are
involved in any offense Sources thereof.
herein provided be the  The maximum penalty shall be
proximate cause of death of imposed upon the offender if the
a victim thereof. land involved is part of the
3. Maintenance of a Den, Dive or Resort public domain.
 The maximum penalty shall be  If the land used is private land,
imposed: the same shall be confiscated
a) Where any dangerous drug is and escheated in favor of the
administered, delivered or State, unless the owner thereof
sold to a minor who is can prove lack of knowledge

despite the exercise of due c) If the victim of the offense is

diligence on his part. a minor or a mentally
13. Maintenance and Keeping of Original incapacitated individual, or
Records of Transactions should a dangerous drug
 An additional penalty shall be involved in any offense
imposed through the revocation herein provided be the
of the license to practice his proximate cause of death of
/her profession, in case of a a victim thereof.
practitioner, or of the business, 3. Maintenance of a Den, Dive or Resort
in case of a manufacturer,  If such den, dive or resort is
seller, importer, etc. owned by a third person, the
14. Unnecessary Prescription of same shall be confiscated and
Dangerous Drugs escheated in favor of the
15. Unlawful Prescription of Dangerous government.
Drugs. 4. Employees and Visitors of a Den,
Dive or Resort
 For nos. 1, 2, 3 5 and 12, the 5. Manufacture of Controlled Precursors
maximum penalty shall be imposed and Essential Chemicals
upon any person, who organizes, 6. Illegal Chemical Diversion of
manages or acts as a “financier” in Controlled Precursors and Essential
any of the illegal activities involved Chemicals
therein. 7. Manufacture or Delivery of
Equipment, Instrument, Apparatus
Controlled Precursors and Essential and Other Paraphernalia
Chemicals  The maximum penalty shall be
1. Importation imposed upon any person, who
 The maximum penalty shall be uses a minor or a mentally
imposed upon any person who, incapacitated individual to
without being authorized, shall deliver such equipment,
import or bring into the instrument, etc.
Philippines controlled precursors 8. Maintenance and Keeping of Original
and essential chemicals through Records of Transactions
the use of diplomatic passport,  An additional penalty shall be
diplomatic facilities or any other imposed through the revocation
means involving his/her official of the license to practice his
status intended to facilitate the /her profession, in case of a
unlawful entry of the same. In practitioner, or of the business,
addition, the diplomatic passport in case of a manufacturer,
shall be confiscated and seller, importer, etc.
cancelled
2. Sale, Trading, Administration,  For nos. 1, 2, 3 and 5, the maximum
Dispensation, Delivery, Distribution penalty shall be imposed upon any
and Transportation person, who organizes, manages or
 The maximum penalty shall be acts as a “financier” in any of the
imposed: illegal activities involved therein.
a) If the sale, trading, etc.
transpires within one  The presence of any controlled
hundred (100) meters from precursor and essential chemical or
the school. laboratory equipment in a
b) For drug pushers who use clandestine laboratory is a prima
minors or mentally facie proof of manufacture of
incapacitated individuals as dangerous drugs.
runners, couriers and
messengers, or in any other  Every penalty imposed shall carry
capacity directly connected with it the confiscation and
to the trade. forfeiture, in favor of the

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government, of all the proceeds and d) Manufacture of any dangerous drug

properties derived from the unlawful and/or controlled precursor and
act, including, but not limited to essential chemical; and
a) money and other assets obtained e) Cultivation or culture of plants which
thereby, and are sources of dangerous drugs. (Sec.
b) the instruments or tools with 26)
which the particular unlawful act
was committed,  The maximum penalties of the
unless they are the property of a unlawful acts shall be imposed, in
third person not liable for the addition to absolute perpetual
unlawful act, but those which are disqualification from any public
not of lawful commerce shall be office, if those found guilty of such
ordered destroyed. (Sec. 20) unlawful acts are government
officials and employees. (Sec. 28)
 Any person charged under any
provision of this Act regardless of  Any person who is found guilty of
the imposable penalty shall not be “planting” any dangerous drug
allowed to avail of the provisions of and/or controlled precursor and
plea-bargaining. (Sec. 23) essential chemical, regardless of
quantity and purity, shall suffer the
 Any person convicted for drug penalty of death. (Sec. 29)
trafficking or pushing under this Act,
regardless of the penalty imposed by  In case any violation of this Act is
the Court, cannot avail of the committed by a partnership,
privilege granted by the Probation corporation, association or any
Law (PD No. 968, as amended). (Sec. juridical entity, the partner,
24) president, director, manager,
trustee, estate or administrator, or
 Notwithstanding the provisions of officer who consents to or knowingly
the law to the contrary, a positive tolerates such violation shall be held
finding for the use of dangerous criminally liable as a co-principal.
drugs shall be a qualifying (Sec. 30)
aggravating circumstance in the
commission of a crime by an  In addition to the penalties
offender, and the applicable penalty prescribed in the unlawful act
provided for in the RPC shall be committed, any alien who violates
applicable. (Sec. 25) such provisions of this Act shall,
after service of sentence, be
Attempt or Conspiracy to commit the deported immediately without
following unlawful acts shall be further proceedings, unless death is
penalized by the same penalty the penalty. (Sec. 31)
prescribed for the commission of the
same under this Act: DANGEROUS DRUGS TEST AND RECORD
a) Importation of any dangerous drug REQUIREMENT (ART. III)
and/or controlled precursor and
essential chemical; The following shall be subjected to
b) Sale, trading, administration, undergo drug testing:
dispensation, delivery, distribution a) Applicants for driver’s license.
and transportation of any dangerous b) Applicants for firearm’s license and
drug and/or controlled precursor and for permit to carry firearms outside
essential chemical; of residence.
c) Maintenance of a den, dive or resort  All persons who by the nature of
where any dangerous drug is used in their profession carry firearms
any form; shall undergo drug testing.
c) Students of secondary and tertiary
schools.

d) Officers and employees of public and body in the planning and formulation of
private offices (whether domestic or policies and programs on drug prevention
overseas) and control.
 Shall be subjected to undergo a
random drug test. Any officer or Philippine Drug Enforcement Agency
employee found positive of use (PDEA) – shall serve as the implementing
of dangerous drugs shall be dealt arm of the Board, and shall be
with administratively which shall responsible for the efficient and
be a ground for suspension or effective law enforcement of all the
termination subject to the provisions on any dangerous drug and/or
provisions of Art. 282 of the controlled precursor and essential
Labor Code and pertinent chemical as provided in the Act.
provisions of the Civil Service
Law.  Among the powers and duties of the
e) Officers and members of the PDEA is to prepare for prosecution or
military, police and other law cause the filing of appropriate
enforcement agencies shall undergo criminal and civil cases violation of
an annual mandatory drug test. all laws on dangerous drugs,
f) All persons charged before the controlled precursors and essential
prosecutor’s office with a criminal chemicals, and other similar
offense having an imposable penalty controlled substances, and assist,
of imprisonment of not less that six support and coordinate with other
(6) years and one (1) day shall have government agencies for the proper
to undergo a mandatory drug test. and effective prosecution of the
g) All candidates for public office same. (Sec. 84 [h])
whether appointed or elected both
in the national or local government  The PDEA shall be the lead agency in
shall undergo a mandatory drug test. the investigation of any violation of
RA No. 9165. (Sec. 86, last par.)
 Those found to be positive for
dangerous drugs shall be subject to
the provisions of Sec. 15 (Use of
Dangerous Drugs), which involves
rehabilitation for a minimum period
of 6 months for the first offense, or
imprisonment of 6 to 12 years for
the second offense.
 The privilege of suspended sentence

shall be availed of only once by an
accused drug dependent who is a
first-time offender over fifteen (15)
years of age at the time of the
commission of the violation of
Section 15 (Use of Dangerous Drugs)
but not more than eighteen (18)
years of age at the time when
judgment should be promulgated.
(Sec. 68)
DANGEROUS DRUGS BOARD AND

PHILIPPINE DRUG ENFORCEMENT
AGENCY (ARTICLE IX)
Dangerous Drugs Board – shall be the

policy-making and strategy-formulating

Ethics)

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San Beda College of Law 1

MEMORY AID IN CRIMINAL

2. that the offender either made,

CRIMINAL LAW COMMITTEE

2) Actually uttering false or mutilated 2) The offender knows that any of

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL

2. That he takes advantage of his b) that such person or persons

CRIMINAL LAW COMMITTEE

vii. ISSUING IN AN AUTHENTICATED 3. Use of falsified documents

4. that the use of the false

2. Falsification of private document by

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL

When committed as Even when

CRIMINAL LAW COMMITTEE

FALSIFICATION BY PRIVATE INDIVIDUAL Section Six – Manufacturing, importing

Section Five – Falsification of medical  ART. 177 - USURPATION OF

 ART. 175 - USING FALSE ELEMENTS: (using fictitious name)

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL

c. To cause damage to public  ART.181 - FALSE TESTIMONY

CRIMINAL LAW COMMITTEE

2) That he knew the witness or

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL

Dangerous Drugs – include those listed allowed to use the same in

CRIMINAL LAW COMMITTEE

despite the exercise of due c) If the victim of the offense is

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CRIMINAL

government, of all the proceeds and d) Manufacture of any dangerous drug

CRIMINAL LAW COMMITTEE

 The privilege of suspended sentence

DANGEROUS DRUGS BOARD AND

Dangerous Drugs Board – shall be the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

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