MA. VIDIA B.

LARGO

ST. DOMINIC SAVIO COLLEGE OF LAW

SPECIAL PENAL LAWS
MIDTERM EXAMINATIONS
SY 2023
JUDGE HECTOR A. BUENALUZ, JR.,

Instructions: Read this questionnaire very carefully. Answer concisely, completely

and correctly. Explain your answers. Do not just answer yes or no. Answer in
paragraph form. Use Arial font 12 only. Submit your answers to
hecbuenaluz@gmail.com on or before 4:00 p.m. of November 12, 2023.

1. AAA, a minor child worked as a utility boy in the sari-sari store of BBB. On
AAA’s 15th birthday, he stole a case a beer valued at P1,079.00 from Mr.
BBB’s sari-sari store for his birthday celebration with his friends. Mr. BBB
caught AAA and wanted to teach him a lesson so he brought AAA to the
police. As the police officer-in-charge. How will you dispose of this case
under the Juvenile Justice Welfare Act?

Under the Juvenile Justice Welfare Act, a child fifteen years of age or under at
the time of the commission of the offense shall be exempt from criminal liability.
However, the child shall be subjected to an intervention program pursuant to
Section 20 of this Act. A child is deemed to be fifteen years of age on the day of
the fifteenth anniversary of his/her birthdate. A child above fifteen years but below
eighteen years of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with discernment,
in which case, such child shall be subjected to the appropriate proceedings in
accordance with this Act. The exemption from criminal liability herein established
does not include exemption from civil liability, which shall be enforced in
accordance with existing laws."

Once the child who is under 18 years of age at the time of the commission of
the offense is found guilty of the offense charged, the court shall determine and
ascertain any civil liability which may have resulted from the offense committed.
However, instead of pronouncing the judgment of conviction, the court shall place
the CICL under suspended sentence, without need of application: Provided,
however, that suspension of sentence shall still be applied even if the juvenile is
already eighteen 18 of age or more at the time of the pronouncement of his/her
guilt.

2. (a) Distinguish between the Indeterminate Sentence Law “ISL” under R.A.
No. 4103, as amended and the Probation Law under P.D. 968 as amended
by P.D. 1257 and R.A. 10707.

Under R.A. No. 4103, as amended by Act No. 4225, an indeterminate sentence
is a sentence with a minimum term and a maximum term which the court is
mandated to impose for the benefit of the guilty person who is not disqualified to
avail thereof. The penalty is considered indeterminate because after the convict
serves the minimum term, he or she may become eligible for parole under the
provisions of the ISL while a PROBATION LAW P.D. 968, as amended by R.A. No.
10707 is a disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a
probation officer. It is also noted that probation only affects the criminal aspect of
the case and has no bearing on his civil liability.

(b) Under Act No. 3326; when is the running of the prescriptive period for
violation of Special Penal laws tolled or stopped? How about the
prescriptive period for violation of an ordinance, is it the same?

Running of the Prescriptive Periods for Violations Penalized by

Special Laws and Ordinances Prescription shall begin to run from the day
of the commission of the violation of the law, and if the same be not known
at the time, from the discovery thereof and the institution of judicial
proceeding for its investigation and punishment. Prescription does not
divest court of jurisdiction. It is a ground for acquittal of the accused.
Therefore, the court must exercise jurisdiction and not inhibit itself.

3. (a) Mr. CCC is a presidential political-economic adviser on Chinese

Business Investments and Trade of President BBM receiving a salary of
Php 1.00; is Mr. CCC a public officer covered by R.A. 3019?

Yes, Mr. CCC is a public officer.

Under the rule a Public Officer includes elective and appointive officials and
employees, permanent or temporary, whether in the classified or unclassified or
exempt service receiving compensation, even nominal, from the government as
defined in the preceding subparagraph.
Here, Mr. CCC is a presidential political-economic adviser on Chinese Business
Investments and Trade of President BBM receiving a salary of Php 1.00 therefore,
he is a public officer.

(b) Enumerate five (5) prohibited acts of public officers under R.A. 3019 or
the Anti-Graft and Corrupt Practices Act.

The prohibited acts of public officers under R.A. 3019 are the following: First is
persuading, inducing or influencing another public officer to perform an act
constituting a violation of rules and regulations duly promulgated by competent
authority 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. Second is directly or indirectly requesting or receiving any gift, 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 part,
wherein the public officer in his official capacity has to intervene under the law.
Third is directly or indirectly requesting or receiving any gift, present or other
pecuniary or material 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 permit or license, in consideration for the help given or
to be given, without prejudice to Section thirteen of this Act. Fourth is accepting or
having any member of his family accept employment in a private enterprise which
has pending official business with him during the pendency thereof or within one
year after its termination. Fifth is causing any undue injury to any party, including
the Government, 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.
 4. DDD a casual worker of the Department of National Defense failed to file a
Statement of Assets, Liabilities, and Net Worth (SALN) within thirty (30)
days from assumption of office; would he be liable for violation of Section 8,
of R.A. 6713 for failure to file the SALN?

Yes, DDD is liable for violation of Section 8, of R.A. 6713 for failure to file
the SALN within thirty days from assumption of office.

All public officials and employees, except those who serve in an honorary
capacity, laborers and casual or temporary workers, shall file under oath their
Statement of Assets, Liabilities and Net Worth and a Disclosure of Business
Interests and Financial Connections and those of their spouses and unmarried
children under eighteen years of age living in their households. The documents
must be filed within thirty days after assumption of office.
In this case, DDD a casual worker of the Department of National Defense
failed to file a Statement of Assets, Liabilities, and Net Worth within thirty days
from assumption of office, therefore, he violated the rule.

5. (a) Agent EEE, a PDEA officer was informed by his foreign counterpart that
a large shipment of marijuana, a dangerous drug was arriving at the Manila
International Airport. The PDEA authorized the release through a controlled
delivery of the dangerous drugs and its delivery by EEE to Mr. FFF a
consignee of the shipped goods. Agent EEE delivered the goods, Mr. FFF
identified himself as the consignee and received the goods. Is Mr. FFF liable
for illegal importation of dangerous drugs?

Yes, Mr. FFF liable for illegal importation of dangerous drugs.

Under the rule, any person who, unless authorized by law, shall import or bring
into the Philippines any dangerous drug, regardless of the quantity and purity
involved, including any and all species of opium poppy or any part thereof or
substance delivered there from even for flora, decorative and culinary purposes.
In this case, Mr. FFF identified himself as the consignee and received the
marijuana delivered by the agent, therefore, he is liable for illegal importation of
dangerous drugs.

(b) Distinguish between Section 18. Unnecessary Prescription of

Dangerous Drugs and Section 19. Unlawful Prescription of Dangerous
Drugs under R.A. 9165, as amended by R.A. 10640.

Under Section 18 of R.A. 9165, Unnecessary Prescription of

Dangerous Drugs is any practitioner, who shall prescribe any dangerous
drug to any person whose physical or physiological condition does not
require the use or in the dosage prescribed therein, as determined by the
Board in consultation with recognized competent experts who are
authorized representatives of professional organizations of practitioners,
particularly those who are involved in the care of persons with severe pain
while Section 19 states that Unlawful Prescription of Dangerous Drugs Any
person who, unless authorized by law, shall make or issue a prescription or
any other writing purporting to be a prescription for any dangerous drug.

6. (a) Mr. GGG was caught by the police in possession of a gun barrel during
one of the police check points around the city. The police delivered Mr. GGG
to you, the inquest fiscal on duty and he was charged by the police under
Section 32 of R.A. 10591 for Unlawful Manufacture, Importation, Sale or
Disposition of Firearms or Ammunition of Parts thereof, Machinery, Tool or
Instrument Used or Intended to be Used in the Manufacture of Firearms,
Ammunition or Parts Thereof. As inquest fiscal was the charge of the police
correct?
 Yes, the charge of the police correct.

Under the rule, the possession of any machinery, tool or instrument used
directly in the manufacture of firearms, ammunition, or major parts thereof by any
person whose business, employment or activity does not lawfully deal with the
possession of such article, shall be prima facie evidence that such article is
intended to be used in the unlawful or illegal manufacture of firearms, ammunition
or parts thereof.

In this case, Mr. GGG was caught by the police in possession of a gun barrel,
therefore, he is guilty of illegal manufacture of firearms, ammunition or parts.

(b) HHH, a young man was playing with his friends using NERF guns which
are toy guns, colored white, blue and orange firing pellets. A police officer
saw the running play and decided to arrest HHH and his companions and
confiscate their NERF guns. He charged them for violation of Section 35.
Use of an Imitation Firearm before you, the inquest fiscal. As inquest fiscal
was the charge of the police correct?

No, the charge of the police is incorrect.

Under the rule in the use of an imitation firearm, an imitation firearm
used in the commission of a crime shall be considered a real firearm as
defined in this act and the person who committed the crime shall be
punished in accordance with this act provided, that injuries caused on the
occasion of the conduct of competitions, sports, games, or any recreation
activities involving imitation firearms shall not be punishable under this Act.
In this case, HHH was playing with his friends using NERF guns
which are toy guns, colored white, blue and orange firing pellets, therefore,
he did not commit any crime.

7. JJJ is a high stakes gambler who plays the casinos and horse races of
Manila. He would win big and after his winnings he would give them to his
wife, KKK to invest in various businesses. Sometime thereafter their
neighbors in the subdivision started noting the increase in the wealth of the
spouses JJJ and KKK. The neighbors consulted with you, the legal officer
of the subdivision and inquired whether there were grounds for a case of
money laundering. As legal counsel, is there a ground for money
laundering?

No, there no a ground for money laundering.

Under the rule, money laundering is a crime whereby the proceeds
of an unlawful activity as herein defined are transacted, thereby making
them appear to have originated from legitimate sources. It is committed by
any person who, knowing that any monetary instrument or property
represents, involves, or relates to the proceeds of any unlawful activity such
as when he/she transacts said monetary instrument or property, converts,
transfers, disposes of, moves, acquires, possesses or uses said monetary
instrument or property, conceals or disguises the true nature, source,
location, disposition, movement or ownership of or rights with respect to
said monetary instrument or property, attempts or conspires to commit
money laundering offenses referred to in the previously mentioned
paragraphs, aids, abets, assists in or counsels the commission of the
money laundering offenses referred to in previously mentioned paragraphs
and performs or fails to perform any act as a result of which he facilitates
the offense of money laundering referred to in previously mentioned
paragraphs.
In this case, JJJ is a high stakes gambler who plays the casinos and
horse races of Manila and he won big and his wife invested in various
 businesses which are not unlawful therefore, there is no ground for money
laundering.

8. (a) Who is a terrorist under R.A. 10168?

A terrorist individual is any natural person who commits any of the

acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12. A
terrorist organization, association or group of persons are any entity
organized for the purpose of engaging in terrorism, or those proscribe under
Section 26 hereof of the United Nations Security Council-designated
terrorist organization. An accessory is any person who having knowledge of
the commission of any of the crimes defined and penalized under Section 4
of this Act, without having participated therein, takes part subsequent to its
commission by profiting himself/herself or assisting the offender to profit by
the effects of the crime, by concealing or destroying the body of the crime,
or the effects, or instruments thereof, in order to prevent its discovery or by
harboring, concealing or assisting in the escape of the principal or
conspirator of the crime.

(b) Under Section 20 of R.A. 10168; explain the rule on Extradition?

Under Section 20 of R.A. 10168 extradition is when the Philippines

may, at its option, subject to the principle of reciprocity, consider the
International Convention for the Suppression of the Financing of Terrorism
as a legal basis for requesting or granting extradition in respect of the
offenses set forth under this act.

9. LLL was arrested by the police in a buy-bust operation. MMM the wife of
LLL, upon seeing the police arrest her husband, approached and
questioned the police. She asked why her husband was being arrested and
if the police had a warrant for his arrest. The police decided to arrest MMM
for obstruction of justice under P.D. No. 1829. MMM was brought to you as
the inquest prosecutor on duty, was the charge of the police correct?

No, the charge of the police is incorrect.

Under the rule, obstruction of justice under P.D. No. 1829 is giving of
false or fabricated information to mislead or prevent the law enforcement
agencies from apprehending the offender or from protecting the life or
property of the victim or fabricating information from the data gathered in
confidence by investigating authorities for purposes of background
information.
In this case, the wife just asked why her husband was being arrested
and if the police had a warrant for his arrest, therefore, there is no
obstruction of justice in here.

10. (a) Define trafficking in persons under R.A. 9208, as amended?

Under R.A. 9208, trafficking in persons refers to the recruitment, transportation,

transfer or harboring or receipt of persons with or without the victim's consent or
knowledge, within or across national borders by means of threat or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced
labor or services, slavery, servitude or the removal or sale of organs.
(b) Is the Indeterminate Sentencing Law applicable to Section 10 (a) of R.A.
9208, as amended?

No, the Indeterminate Sentencing Law is not applicable to Section

10a of R.A. 9208. Under the rule, an Indeterminate sentence is a sentence
with a minimum term and maximum benefit of a guilty person, who is not
disqualified therefore, when the maximum penalty of imprisonment exceeds
one year, it applies to both violations of the RPC and special laws.
In Section 10a of R.A. 9208, it states the penalties and Sanctions
which are the following: First, any person found guilty of committing any of
the acts enumerated in Section 4 shall suffer the penalty of imprisonment of
twenty years and a fine of not less than one million pesos but not more than
two million pesos. Second, any person found guilty of committing any of the
acts enumerated in Section 5 shall suffer the penalty of imprisonment of
fifteen years and a fine of not less than five hundred thousand pesos but
not more than one million pesos. Third, any person found guilty of qualified
trafficking under Section 6 shall suffer the penalty of life imprisonment and
a fine of not less than two million pesos but not more than five million pesos.
Fourth, any person who violates Section 7 hereof shall suffer the penalty of
imprisonment of six years and a fine of not less than five hundred thousand
pesos but not more than one million pesos. Fifth, if the offender is a
corporation, partnership, association, club, establishment or any juridical
person, the penalty shall be imposed upon the owner, president, partner,
manager, and/or any responsible officer who participated in the commission
of the crime or who shall have knowingly permitted or failed to prevent its
commission. Sixth, the registration with the Securities and Exchange
Commission and license to operate of the erring agency, corporation,
association, religious group, tour or travel agent, club or establishment, or
any place of entertainment shall be cancelled and revoked permanently.
The owner, president, partner or manager thereof shall not be allowed to
operate similar establishments in a different name. Seventh, if the offender
is a foreigner, he shall be immediately deported after serving his sentence
and be barred permanently from entering the country. Eight, any employee
or official of government agencies who shall issue or approve the issuance
of travel exit clearances, passports, registration certificates, counseling
certificates, marriage license, and other similar documents to persons,
whether juridical or natural, recruitment agencies, establishments or other
individuals or groups, who fail to observe the prescribed procedures and the
requirement as provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability under this Act.
The concerned government official or employee shall, upon conviction, be
dismissed from the service and be barred permanently to hold public office.
His/her retirement and other benefits shall likewise be forfeited and lastly,
conviction by final judgment of the adopter for any offense under this Act
shall result in the immediate rescission of the decree of adoption.