LEGAL MAXIMS

ACCESSORIUS- one who is an accessory to the crime cannot be guilty.

ACTORI INCUMBIT ONUS PROBANDI- the burden of proof lies on the plaintiff.

ACTUS NON FACIT REUM NISI MEN SIT REA- The act does not make one guilty unless there be a criminal
intent.

ACTUS REUS- a guilty deed or act

AMICUS CURIAE- a friend of the court.

CORPUS DELICTI – The body, i.e the gist of crime.

- Body of essential facts

DAMNUM SINE INJURIA – damage without legal injury.

DOLI INCAPAX- incapable of crime.

DORMIUNT LEGES ALIQUANDA, MUNQUAM MORIUNTUR- The laws sometimes sleep but never dies.

EX POST FACTO- that you have the body.

IGNORANTIA FACTI EXCUSAT – Ignorance of fact excuses, ignorance of law does not excuse.

IN DELICTO- At fault.

INJURIA NON EXCUSAT INJURIAM- A wrong does not excuse a wrong.

LEX PROSPICIT NON RESPICIT - The law looks forward not backward.

MALA FIDE -In bad faith.

MALA IN SE- Bad in themselves.

MALA PROHIBITA- crimes prohibited.

MALO ANIMO-With evil intent.

MENS REA- guilty state of mind.

NEMO BIS PUNITOR PRO EODEM DELICTO- no one can be twice punished for the same offense (double
jeopardy)

POST MORTEM-after death

PRIMA FACIE- on the face of it.

VOLUNTAS IN DELICTUS NON EXITUS SPECTATOR- In offenses the intent and not the result is looks at
( the will and the outcome is regarded).
BASED ON QUIZ:

DAMNUM SINE INJURIA

A maxim that refers to damages suffered by the plaintiff but no damage is being caused to the legal
rights as there is no violation.

DORMIUNT LEGES ALIQUANDA MUNQUAM MORIUNTUR

A maxim that concerns the laws that are old and outdated but they still exist in the legal books and acts.
The law exists until and unless it is repealed from the books of law.

PHILIPPINE CONSTITUTION

It is the foundation of the system of Government of the Philippines.

GENERALITY

It implies the imposition by a sovereign authority and the obligation on the part of all subject to that
authority. *

AMICUS CURIAE

A maxim that shows one who assists the court by furnishing information or advice regarding the
question of law or fact. *

• Mr. Alpha is an American Citizen who has visited the Philippines. While staying in the
Philippines, he killed Mr. Bravo who is also an American Citizen. Is Mr. Alpha be held criminally liable and
charged in the American court since both the offender and the victim are American Citizens? *

- NO

PRIMA FACIE

A maxim that establishes a sufficient fact or raises a presumption unless disapproved or rebutted. *

PROSPECTIVITY

It is the characteristics of criminal law it cannot make an act punishable in a manner in which it was not
punishable when committed. *

PHILIPPINE CRIMINAL LAW

It is a branch of law that depicts that when someone is charged with a certain crime and found guilty by
the competent court, the convicted person will serve the imposed sentence and pay the fine if there is
any.

IN JURIA NON EXCUSAT INJURIAM-A maxim that has a meaning that wrong does not justify another. *

• What is the maxim of “Only conduct that the law specifically prohibits is a crime.” - NULLUM
CRIMEN SINE LEGE
MALO ANIMO- A Maxim refers to the spirit of bad intention, and act done with malice aforethought.

CORPUS DELICTI- A maxim that explains the body of essential facts that, taken together, prove that a
crime has been committed.

• Does the Classical viewpoint of the penal code establish a mechanical and direct proportion
between crime and consequences? – NO

ACTORI IMCUMBIT ONUS PROBANDI

-A maxim that explains that whoever the party brings up a particular issue is the one who has the
burden of proof.

SALIENT FEATURES OF RA 9262

RPC-if one element is present, is no crime committed.

SPL- even one single requisite is only present there is an offence incurred.

RPC when one element is not present;

1. the case will be dismissed.

2. The accused might be acquitted.

3. If the civil case was waived for separation, criminal case will be dismissed, civil case might be
prosper.

4. The crime charge might be mitigated.

Violence against women and their children.

-refers to any act or a series of acts committed by any person against a woman who is his wife, former
wife, or against a woman with whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate or illegitimate, within or without
the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering,
or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty.

• Who are the persons protected by R.A. 9262?

- The following are the persons who are protected by R.A. 9262:

- Wife

- Former Wife
- A woman with whom the offender has or had sexual relations with

- A woman with whom the offender has a common child with

- The legitimate or illegitimate child of the woman within or without the family abode

• Define dating relationship as used under R.A. 9262.

- It is a situation wherein the parties live as husband and wife without the benefit of marriage or
are romantically involved over time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals in a business or social context is
not a dating relationship.

• What if there was no sexual act (just dating)?

- It is not necessary that the parties have sexual relationship.

• Can a woman who had single sexual act with the offender file a case under the Anti- VAWC
ACT?

_ yes.

• WHAT ARE THE ACTS OF VIOLENCE WHICH ARE COVERED UNDER R.A. 9262?

- PHYSICAL VIOLENCE

- SEXUAL VIOLENCE

- PSYCHOLOGICAL VIOLENCE

- ECONOMIC ABUSE

- OTHER FORMS OF VIOLENCE SUCH AS SUBJECTING THE WOMAN.

• PHYSICAL VIOLENCE- refers to acts that include bodily or physical harm such as punching/
slapping the woman.

• PSYCHOLOGICAL VIOLENCE- Acts or omissions causing or likely to cause mental or emotional

suffering of the victim (stalking / threatening)

• STALKING – refers to the intentional act of following the woman or placing her under
surveillance directly/ indirectly or combination thereof.

• INDIRECTLY – it means using other forms / other persons to stalk to the woman.

• Is husband’s infidelity a form of violence?

- yes.

• ECONOMIC ABUSE – It refers to an act which makes or attempts to make the woman financially
dependent on the offender.

• SEXUAL VIOLENCE – it includes rape, sexual harassment or act of lasciviousness.

• Is VAWC committed by men alone? - Women can also be liable under the law. These are the
lesbian partners/girlfriends or former partners of the victim with whom she has or had a sexual or dating
relationship.

• What can women and children do under R.A. 9262? -Under the law, the offended party may file
a criminal action, or apply for a Protection Order either as an independent action or as an incident in
civil or criminal action and other remedies.

• What is a protection order? - A protection order is an order issued under this act for the purpose
of preventing further acts of violence against women or her child. And granting other relief as may be
needed. The relief granted under a protection order serve the purpose of safeguarding the victim from
further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and
ability of the victim to independently regain control of her life. The provisions of the protection order
shall be enforced by law enforcement agencies.

• What are the various kinds of protection orders?

- Barangay Protection Orders (BPO) refer to the protection order issued by the Punong Barangay
ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of R.A. 9262. BPO
shall be effective for 15 days.

- Temporary Protection Orders (TPO) refers to the protection order issued by the court on the
date of the filing of the application after ex parte determination that such order should be issued. The
court may grant in a TPO any, some or all of the reliefs mentioned in R.A. 9262 and shall be effective for
thirty (30) days. The court shall order the immediate personal service of the TPO on the respondent by
the court sheriff who may obtain the assistance of law enforcement agents for the service.

- Permanent Protection Order (PPO) refers to the protection order issued by the court after
notice and hearing. The court shall not deny the issuance of protection order on the basis of the lapse of
time between the act of violence and the filing of the application. PPO shall be effective until revoked by
the court upon application of the person in whose favor it was issued.

• Where can I apply for a protection order?

- Application for a protection may be filed with the appropriate Regional Trial Court/Family Court
or Municipal Court where the petitioner resides in case of Temporary Protection Order (TPO) and
Permanent Protection Order (PPO), respectively. Barangay Protection Order may be applied for in the
Barangay where the applicant resides or in accordance with Section 409 of the Local Government Code
of 1991.
• Who may file a Petition for Protection Orders? A petition for Protection Order may be filed by
the following:

- The offended party

- The parents or guardians of the offended party

- The ascendants, descendants or collateral relatives within the fourth civil degree of
consanguinity or affinity

- Officers or social workers of the DSWD or social workers of local government units (LGUs)

- Police officers, preferably those in charge of women and children’s desks

- Punong Barangay or Barangay Kagawad

- Lawyer, counselor, therapist or healthcare provider of the petitioner

- At least two (2) concerned responsible citizens of the city or municipality where the violence
against women and their children occurred and who has personal knowledge of the offense committed

• How can I apply for a protection order?

The application of the Protection Order must be in writing, signed and verified under oath by the
applicant. A standard protection order application form, written in English with translation to the major
languages, which is readily available, shall contain the following information:

- Names and addresses of the petitioner and the respondent

- Description of relationships between the petitioner and respondent

- Statement of the circumstances of abuse

- Description of the reliefs requested by the petitioner

- Request for counsel and reasons for such

- Request for waiver of application fees until hearing

- An attestation that there is no pending application for a protection order in another court

• What can the woman do if the barangay official failed or refused to issue the BPO within 24
hours from application?

- She can file an administrative complaint against the barangay official for failure to perform
his/her duties. The complaint must be filed with the Sangguniang Panglunsod or Bayan.

- She can go to the police station to complain against the perpetrator.

- She can go to the Clerk of Court of the Family Court where she lives and request assistance in
filing for a Protection Order.

• Can the barangay officials mediate or conciliate?

- No. Conciliation and mediation of acts of violence against women and their children are not
allowed under this law Sec. 33, R.A. 9262 amended sections 410-413 of the Local Government Code. The
barangay officials, police or social workers should not attempt to mediate or influence the woman to
give up her legal action or application for a BPO, TPO or PPO.

• What is the liability of a news reporter covering a pending court case for violation of the Anti-
VAWC Act if he or she includes in the TV report the name and face of the woman, and other information
without her consent?

- The reporter can be liable for contempt of court. All records pertaining to cases of VAWC are
confidential. The court may also impose a penalty of one (1) year imprisonment and a fine not more
than Five Hundred Thousand Pesos (P500,000.00).

REVIEWER FOR RA 10168

RA10168 “The Terrorism Financing Prevention and Suppression Act of 2012"

• “Dealing, with regard to property or funds” - refers to receiving, acquiring, transacting,

representing, concealing, disposing, converting, transferring or moving, using as security or providing
financial services.

• Designated persons;

- Any person or entity designated as a terrorist, one who finances terrorism, or a terrorist
organization or group under the applicable United Nations Security Council Resolution or by another
jurisdiction or supra-national jurisdiction.

- Any organization, association, or group of persons proscribed pursuant to Section 17 of the HSA
of 2007

- Any person, organization, association, or group of persons whose property or funds, based on
probable cause are subject to seizure and sequestration under Section 39 of the HSA of 2007.

• “Designation” or “Listing” - refers to the identification of a person, organization, association or

group of persons that is subject to targeted financial sanctions pursuant to the applicable United
Nations Security Council Resolutions.

• WHY WAS RA 10168 ENACTED?

- to comply with our obligation under 1999 international convention for the supression of the
financing of terrorism (tf convention).

- to comply with the financial action task force's nine (9) special recommendations to right
terrorism financing.

• “Terrorist acts”

(a) Any act in violation of Section 3 or 4 of the HSA of 2007.

(b) Any other act intended to cause death or serious bodily injury to a civilian, or to any other person not
taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by
its nature or context, is to intimidate a population, or to compel a government or an international
organization to do or to abstain from doing any act.

(c) Any act which constitutes an offense that is within the scope of any of the following treaties to which
the Republic of the Philippines is a State party.

• 5 SALIENT FEATURES OF RA 10168.

- it criminalizes terrorist financing as stand-alone offence,

- penalizes mere attempt or conspiracy to commit terrorist financing,

- criminalizes the act of dealing,

- it establishes a freezing mechanism against funds related to terrorist,

- extends the application of the law beyond the territorial boundaries of the Philippines.

• What is DEALING with funds/property? (Sec. 3 [d])

- refers to the receipt, or a transact to provide financial services

receiving, acquiring, representing concealing or moving is already an act of dealing.

• For purposes of Dealing, who are Designated Persons/Groups? (Sec. 3 [e], TF Suppression Act)

- those in the list of the un security council those proscribed under section 7 of the human
security act or terrorist activist.

- those whose properties are subject to seizure and sequestration.

• What is proscription under the HSA?

- a judicial declaration that an organization, association or group of persons is a terrorist and

outlawed, filed by the department of justice, and filed before a regional trial court.
• What are the effects of Proscription?

- property or funds of the organization could be freeze by the anti- money laundering council, any
person could be held liable for an act of dealing if he/she is conducting business or managing properties
with the said organization.

• Who are deemed designated in relation to Sec. 39 of the HSA?

- those who are suspected of, or charged with terrorism or conspiracy, proscribed organization,
associations or groups of person and a member of those.

• Which agency will publish designations?

- UN designations shall be published by the department of foreign affairs (dfa), local designations
shall be published by anti - terrorism council.

BRIEFING ON THE ANTI MONEY LAUNDERING LAW

• What is money laundering?

- RA 9160 (Anti-Money Laundering Act of 2001

[AMLA])

Sec. 4: 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.

• Elements of the Crime of Money laundering-

- Unlawful activity

- Monetary instrument or property (MI/P)

- Transaction/Attempted transaction

- Knowledge that the MIP represents, involves, or relates to the proceeds of thee

unlawful activity.

UNLAWFUL ACTIVITIES:

- kidnapping for ransom

- Comprehensive Dangerous Drugs Act of 2002

- Anti-Graft and Corrupt Practices Act

- Plunder

- Robbery and Extortion

- Jueteng and Masiao

- Piracy on high seas and Phil. Water

- Qualified theft

- Swindling under Art, 315 of RPC

- Smuggling

- Electronic Commerce Act of 2000

- Hijacking Destructive Arson and murder,

including those perpetrated by terrorists against

non-combatant persons and other targets

International Blamic Relief Organization (RO)

-IIRO (Philippines)

- Securities Regulation Code of 2000

- Felonies or offenses of a similar nature that

punishable under the penal Iaws of other countries

• Monetary instrument or property

a). Monetary Instruments [Sec.3(c) AMLA

Rule 3.. RIRR

1. Coins or currency of legal tender of the Phils, or any other country .

2. drafts, checks and notes.

3. securities and negotiable instruments, bonds, commercial papers.

4. deposit certificates, trust certificates.

5. Custodial receipts or deposit substitute

inst.

6 trading orders, transaction tickets.

7: confirmation of sale or investments

8. money market instruments,

9. other similar instruments where title

thereto passes to another by endorsement, assignment or delivery

- E-Money defined in BSP Circular No. 649

a. Globe G-Cash

b. Smart Cash

c. Bank issued cash and stored value prepaid cards (e.g. Visa prepaid card issued by Unionbank)

10. Insurance contracts, and contract of

Suretyship

b. Property- as defined under the Civil Code Art 414. All things which are or may be the object
appropriation are Considered either:

(1) immovable or real property; or

(2) movable or personal property.

• TRANSACTION

- Transaction [Sec. 3 (h) of AMLA]

- refers to any act establishing any right or obligation or giving rise to any contractual or legal
relationship between the parties there to. It also includes any movement of

funds by any means with a covered

institution.

Transaction includes:

•Cash and check deposits

•Over-the-counter withdrawals or check encashment

•opening of deposit accounts

•Loan applications/loan payments

•Sale of foreclosed properties or acquired assets

•Issuance of credit cards, etc.

Transaction includes: (Cont'n)

•Trust related transactions

•Remittance and receipt of remittance

•Foreign currency exchange

•Pawning and redemption of pawned property

• Knowledge (Rule 6.5 of the RIRR)

- Knowledge may be established by direct

evidence or inferred from the attendant circumstances.

• Why is money laundering a problem?

- Money laundering allows criminals to preserve and enjoy the proceeds of their crimes, thus
providing them with the incentives and the means to continue their illegal activities.

How is money laundering carried out?/Stages of Money Laundering

•Placement

-Proceeds placed in the financial institutions

•Layering

-Further distancing proceeds from their origin

•Integration

-Funds re-enter legitimate circulation

• Placement - involves the initial placement or introduction of the illegal funds into the financial
system.

Ex: a. Smurfing or structuring

b. Purchase of insurance contract

• Layering

- involves a series of financial transactions during which the dirty money, is passed through a
series of procedures, putting layer upon layer of persons and

financial activities into the laundering process.

Ex. a. electronic trans