SPECIAL PENAL

LAWS
Criminal Law
 III. SPECIAL PENAL LAWS
TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
A. NEW ANTI-CARNAPPING ACT OF 2016
(RA 10883)
1. Elements
2. Punishable acts; Penalty
3. Aggravating circumstances resulting
todenial of bail
4. Other relevant rules
A.
NEW ANTI-CARNAPPING ACT OF 2016
I. Elements
Elements of carnapping
1. Taking, with intent to gain;
2. A motor vehicle belonging to another;
3. Without the latter’s consent;
4. By means of violence against or intimidation
of persons; or by using force upon things.
(Sec. 3)
Definition of motor vehicle
It refers to any vehicle propelled by any power
other than muscular power using the public
highways, EXCEPT for the following:
1. road rollers, trolley cars, street sweepers,
sprinklers, lawn mowers, bulldozers,graders,
forklifts, amphibian trucks, and cranes if not
used on public highways;
2. vehicles which run only on rails or tracks;
and,
3. tractors, trailers and traction engines of all
kinds used exclusively for agricultural
purposes.
Trailers having any number of wheels, when
propelled or intended to be propelled by
attachment to a motor vehicle, shall be
classified as a separate motor vehicle with no
power rating.(Sec. 2)
II. Punishable acts
The following acts shall be punishable under this
Act:
a. When the carnapping is committed
WITHOUT violence against or intimidation of
persons, or force upon things (Sec. 3);
b. When the carnapping is committed BY
MEANS OF violence against or intimidation
of persons, or force upon things (Sec. 3);
c. When the owner, driver, or occupant of the
carnapped motor vehicle is killed or raped in
the commission of the carnapping (Sec. 3);
d. Concealment of carnapping (Sec. 4);
e. For unregistered moto vehicles or parts
thereof in knock down condition, failure to
register the vehicle engine, engine block and
chassis with the LTO within one (1) year from
the effectivity of the New Anti-Carnapping
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 Act of 2016 – the law provides that the
unregistered vehicle engine, engine block
and chassis with the LTO shall be
considered as a carnapped vehicle, an
untaxed importation or coming from illegal
source and shall be confiscated in favor of
the government (Sec. 6); and,
f. Failure to register the sale, transfer,
conveyance of motor vehicle engine, engine
block or chassis of a motor vehicle – the
law creates a presumption that it is a
carnapped vehicle, an untaxed imported
vehicle, or a vehicle proceeding from illegal
sources unless proven otherwise and shall
be confiscated in favor of the government
(Sec.8).
Unlawful Acts
The following are classified as “UNLAWFUL
ACTS” under the law. However, the law does not
provide for their penalties.
a. Defacing or tampering with serial numbers
of motor vehicles, engine blocks and
chassis (Sec. 14);
b. Transfer into another name, the chassis
number, engine number and plate number of
a motor vehicle declared as "total wreck" or
beyond economic repair by concerned
insurance company and/or law
enforcementagencies (Sec. 15);
c. Transfer of vehicle plate (Sec. 16); and,
d. Sale of second-hand spare parts taken from
carnapped vehicle (Sec. 17).
III. Aggravating circumstances resulting to
denial of bail
Denial of bail when evidence of guilt is strong
Bail shall be denied when the evidence of guilt is
strong against any person charged with
carnapping or when the crime of carnapping is
committed:
a. by criminal groups, gangs or syndicates;
b. by means of violence or intimidation of any
person or persons;
c. by means of forced upon things;
d. when the owner, driver, passenger, or
occupant of the carnapped vehicle is killed
or raped in the course of the carnapping.(Sec.
3)
IV. Other relevant rules
Carnapping and homicide/murder
Since the law used the phrase “is killed,” there
shall be no distinction between homicide and
murder. It follows then that the killing, whether it
be homicide or murder, cannot be treated as a
separate offense, but should only be considered
to qualify the crime of carnapping.
Consequently, said phrase gives the
unmistakable import thereof that it refers only to
the consummated felony of either murder or
homicide. The frustrated and attempted
homicide or murder will not qualify carnapping.
(People v. Mejia, G.R. No. 118940-41, 1997)
To prove the special complex crime of carnapping
with homicide, there must be proof not only of
the essential elements of carnapping, but also
that it was the original criminal design of the
culprit and the killing was perpetrated in the
course of carnapping or on the occasion thereof.
The killing of the victim cannot qualify the
carnapping into a special complex crime
because the carnapping was an afterthought
when the victim’s death wasalready fait accompli.
(People v. Aquino, G.R. No. 201092, 2014)
Unlawful taking
Unlawful taking is the taking of the motor vehicle
without the consent of the owner, or by means
ofviolence against or intimidation of persons, or
by using force upon things; it is deemed
complete from the moment the offender gains
possession of the thing, even if he has no
opportunity to dispose of the same.
When one takes the motor vehicle of another
without the latter’s consent even if the motor
vehicle is later returned, there is theft, there
being intent to gain as the use of the thing
unlawfully taken constitutes gain. (People v.
Bustinera, G.R. No. 148233, 2004)
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If what is intended to be taken is only a part of the B. ANTI-ELECTRICITY AND ELECTRIC
vehicle, like a spare tire, the crime is not TRANSMISSION LINES/MATERIALS
carnapping, but theft or robbery. PILFERAGE ACT OF 1994 (RA 7832)
I. Punishable acts

————- end of topic ————- a. Illegal use of electricity

It is unlawful for any person, whether natural orjuridical,

TOPIC OUTLINE UNDER THE SYLLABUS: public or private, to:

III. SPECIAL PENAL LAWS 1. Tap, make or cause to be made any

connection with overhead lines, service
B. ANTI-ELECTRICITY AND ELECTRIC drops, or other electric service wires, without
TRANSMISSION LINES/MATERIALS previous authority or consent of the private
PILFERAGE ACT OF 1994 (RA 7832) electric utility or rural electric cooperative
concerned;
1. Punishable Acts
2. Tap, make or cause to be made any
a. Illegal use of electricity (Sec. 2) connection to the existing electric service
facilities of any duly registered consumer
b. Theft of electric power
without the latter’s or the electric utility’s
transmissionlinen and materials
consent or authority;
(Sec. 3)
3. Tamper, install or use a tampered electrical
2. Prima facie evidence of punishable acts
meter, jumper, current reversing transformer,
(Sec. 4)
shorting or shunting wire, loop connection or
3. Disconnection of electric service (Sec. 6) any other device which interferes with the
proper or accurate registry or metering of
4. Penalties (Sec. 7) electric-current or otherwise results in its
diversion in a manner whereby electricity is
stolen or wasted;

4. Damage or destroy an electric meter,

equipment, wire or conduit or allow any of
them to be so damaged or destroyed as to
interfere with the proper or accurate
metering of electric current; and

5. Knowingly use or receive the direct benefit of

electric service obtained through any of the
acts mentioned in subsections (1), (2), (3),
and (4) above. (Sec. 2)

b. Theft of electric power transmission linen

and materials

It is unlawful for any person to:

1. Cut, saw, slice, separate, split, severe, smelt,

or remove any electric power transmission
line/material or meter from a tower, pole, any

Page 244 of 354

 other installation or place of installation or
any other place or site where it may be
rightfully or lawfully stored, deposited, kept,
stocked, inventoried, situated or located,
without the consent of the owner, whether
ornot the act is done for profit or gain;
2. Take, carry away or remove or transfer, with
or without the use of a motor vehicle or
other means of conveyance, any electric
power transmission line/material or meter
from a tower, pole, any other installation or
place of installation, or any place or site
where it maybe rightfully or lawfully stored,
deposited, kept, stocked, inventoried,
situated or located, without the consent of
the owner, whether or not the act is done
for profit or gain;
3. Store, possess or otherwise keep in his
premises, custody or control, any electric
power transmission line/material or meter
without the consent of the owner, whether
ornot the act is done for profit or gain; and
4. Load, carry, ship or move from one place to
another, whether by land, air or sea, any
electrical power transmission line/material,
whether or not the act is done for profit or
gain, without first securing a The
clearance/permit for the said purpose from
its owner or the National Power Corporation
(NPC) or its regional office concerned, as the
case maybe.
For purposes of this section, “electrical power
transmission line/material” refers to
electric power transmission steel towers,
woodpoles, cables, wires, insulators, line
hardwares, electrical conductors and other
related items with a minimum voltage of
sixty-nine kilovolts (69 kv), such as the
following:
(1) Steel transmission line towers made
of galvanized steel angular members
and plates or creosoted and/or
tannelized woodpoles/concrete poles
and designed to carry and support the
conductors;
(2)
Aluminum conductor steel reinforced
(ACSR) in excess of one hundred
(100) MCM;
(3) Overhead ground wires made of 7
strands of galvanized steel wires, 3.08
millimeters in diameter and designed
to protect the electrical conductors
from lightning strikes;
(4) Insulators made of porcelain or glass
shell and designed to insulate the
electrical conductors from steel
towers or woodpoles; and
(5) Various transmission line hardwares
and materials made of aluminum
alloy or malleable steel and designed
to interconnect the towers,
conductors, ground wires, and
insulators mentioned in
subparagraphs (1), (2), (3), and (4)
above for the safe and reliable
operation of the transmission lines.
(Sec. 3)
II. Prima facie evidence of punishable acts
Prima facie evidence of illegal use of electricity
presence any of the following
circumstances shall constitute prima facie
evidence of illegal useof electricity by the person
benefitted thereby:
a. The presence of a bored hole on the glass
cover of the electric meter, or at the back or
any other part of said meter;
b. The presence inside the electric meter of
salt, sugar and other elements that could
result in the inaccurate registration of the
meter’s internal parts to prevent its
accurate registration of consumption of
electricity;
c. The existence of any wiring connection
which affects the normal operation or
registration of the electric meter;
d. The presence of a tampered, broken, or fake
seal on the meter, or mutilated, altered, or
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 tampered meter recording chart or graph, or
computerized chart, graph or log;
e. The presence in any part of the building or
its premises which is subject to the control
ofthe consumer or on the electric meter, of
a current reversing transformer, jumper,
shorting and/or shunting wire, and/or loop
connection or any other similar device;
f. The mutilation, alteration, reconnection,
disconnection, bypassing or tampering of
instruments, transformers, and accessories;
g. The destruction of, or attempt to destroy, any
integral accessory of the metering device
box which encases an electric meter, or its
metering accessories; and
h. The acceptance of money and/or other
valuable consideration by any officer or
employee of the electric utility concerned or
the making of such an offer to any such
officer or employee for not reporting the
presence of any of the circumstances
enumerated above-items.
Note: The discovery of any of the foregoing
circumstances, in order to constitute prima
facie evidence, must be personally witnessed
and attested to by an officer of the law or a duly
authorized representative of the Energy
Regulatory Board (ERB).
We hold the view, however, that the inclusion of
the phrase ‘by the consumer concerned’ in
the IRR is invalid because it is in excess of what
the law being implemented provides.
As RA 7832 stands, only the presence of an
authorized government agent, either an officer
ofthe law or an authorized representative of the
ERB, during the MERALCO inspection would
allow any of the circumstances enumerated in
Section 4 of RA 7832 to be considered prima
facie evidence of illegal use of electricity by the
benefited party. The law does not include the
consumer or the consumer's representative in
this enumeration. (Manila Electric Co. v. Spouses
Chua, G.R. No. 160422, 2010)
The above-mentioned circumstances shall be the
basis for:
a. the immediate disconnection by the electric
utility to such person after due notice;
b. the holding of a preliminary investigation by
the prosecutor and the subsequent filing in
court of the pertinent information; and
c. the lifting of any temporary restraining
order or injunction which may have been
issued against a private electric utility or
rural electric cooperative. (Sec. 4 (a))
Prima facie evidence of theft of electric power
transmission linen and materials
The possession, control or custody of electric
power transmission line/material by any person,
natural or juridical, not engaged in the
transformation, transmission or distribution of
electric power, or in the manufacture of such
electric power transmission line/material shall
be prima facie evidence that such line/material
is the fruit of the theft of electric power
transmission linen and materials and therefore
such line/material may be confiscated from the
personin possession, control or custody thereof.
(Sec. 4(b))
III. Disconnection of electric service
Rules on disconnection of electric service
a. The private electric utility or rural electric
cooperative concerned shall have the right
and authority to disconnect immediately
the electric service after serving a written
notice or warning to that effect, without the
need of a court or administrative order, and
deny restoration of the same, when the
owner of the house or establishment
concerned or someone acting in his behalf
shall have been caught en flagrante delicto
doing any of the acts enumerated in Section
4(a) hereof, or when any of the
circumstances so enumerated shall have
been discovered for the second time.
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 Note: If any of the circumstances so enumerated
shall have been discovered for the second
time, a written notice or warning shall have
been issued upon the first discovery.
b. The electric service shall not be immediately
disconnected or shall be immediately
restored upon the deposit of the amount
representing the differential billing by the
person denied the service, with the private
electric utility or rural electric cooperative
concerned or with the competent court, as
the case may be.
c. If the court finds that illegal use of
electricity has not been committed by the
same person, the amount deposited shall
be credited against future billing with legal
interest thereon chargeable against the
private utility or rural electric cooperative.
The utility or cooperative shall be made to
immediately pay such person double the
value of the payment or deposit with legal
interest, which amount shall likewise be
creditable against immediate future billings,
without prejudice to any criminal, civil or
administrative action that such person may
be entitled to file under existing laws, rules
and regulations.
d. If court finds the same person guilty of such
illegal use of electricity, he shall, upon final
judgment, be made to pay the electric utility
or rural electric cooperative concerned
double the value of the estimated electricity
illegally used which is referred to in this
section as differential billing. (Sec. 6)
IV. Penalties
The following penalties shall be imposed for
violation of this Act:
a. Illegal use of electricity (Sec. 2) – Prision
mayor or a fine ranging from P10,000 to
P20,000 or both, at the discretion of the court
b. Theft of electric power transmission linen
and materials (Sec. 3) – Reclusion temporal
or a fine ranging from P 50,000 to P100,000
or both, at the discretion of the court
c.
Common to violations of Secs. 2 and 3 – If
the offense is committed by, or in connivance
with, an officer or employee of the power
company, private electric utility or rural
electric cooperative concerned, such
officer or employee shall, upon conviction,
be punished with a penalty one (1) degree
higher than the penalty provided herein, and
forthwith be dismissed and perpetually
disqualified from employment in any public
or private utility or service company and from
holding any public office
d. If, in committing any of the acts
enumeratedin Sec. 4, any of the other acts
as enumerated is also committed, then the
penalty next higher in degree as provided
herein shall be imposed
e. If the offense is committed by, or in
connivance with an officer or employee of
the electric utility concerned, such officer
or employee shall, upon conviction, be
punished with a penalty one (1) degree
higher than the penalty provided herein, and
forthwith be dismissed and perpetually
disqualified from employment in any public
or private utility or service company.
The electric utility concerned which shall have
knowingly permitted or having knowledge
of its commission shall have failed to
prevent the same, or was otherwise guilty
of negligence in connection with the
commission thereof, shall be made to pay a
fine not exceeding triple the amount of the
“differential billing” subject to the discretion
of the courts.
f. If the violation is committed by a
partnership, firm, corporation, association
or any other legal entity, including a
government-owned or- controlled
corporation, the penalty shall be imposed
on the president, manager and each of the
officers thereof who shall have knowingly
permitted, failed to prevent or wasotherwise
responsible for the commission of the
offense. (Sec. 7)
————- end of topic ————-
Page 247 of 354
 TOPIC OUTLINE UNDER THE SYLLABUS: The discovery of any person engaging in
any of the above activities without a
III. SPECIAL PENAL LAWS lease, license or permit shall constitute
prima facie presumption that the
C. FISHERIES CODE (RA 8550, AS AMENDEDBY person is engaged in unauthorized
RA 10654) fisheries activity. (Sec. 87)

1. Punishable acts (Sec. 17, RA 10654) c. Failure to secure fishing permit prior to
engaging in distant water fishing
i. To fish in the high seas, in the territorial
seas, archipelagic waters, and
C. FISHERIES CODE (RA 8550, AS
Exclusive Economic Zones of other
AMENDED BY RA 10654)
states using a Philippine flagged
I. Punishable acts fishing vessel without first securing a
fishing permit from the Department
a. Unauthorized fishing
and authorization from the coastal
i. To capture or gather or to cause the
state.
capture or gathering of fish, fry or
The discovery of any person in
fingerlings of any fishery species or
possession of a fishing gear or
fishery products without license or
operating a fishing vessel in the
permitfrom the Department or LGU;
abovementioned areas without a fishing
ii. Any commercial fishing vessel to fish in
permit from the Department or
municipal waters, except in cases
authorization from the coastal state
specified under this Code; and,
shall constitute a prima facie
iii. Any person not listed in the registry of
presumption that the person is in
municipal fisherfolk to engage in any
violation of this provision.
commercial fishing activity in municipal
waters.
ii. An owner or operator, and the three
(3) highest officers, of a commercial
The discovery of any person in possession
fishing vessel to commit acts that
of a fishing gear or operating a fishing
arein contravention of the terms and
vessel in a fishing area where he has no
conditions stated in the fishing
license or permit shall constitute prima
permit or as may be promulgated by
facie presumption that the person is
the Department. (Sec. 88)
engaged in unauthorized fishing:
Provided, That fishing for daily food
d. Unreported fishing – To engage in
sustenance or for leisure which is not for
unreported fishing or to fail to comply with
commercial, occupation or livelihood
the reportorial requirements in Section 38
purposes may be allowed. (Sec. 86)
ofthis Code. (Sec. 89)
e. Unregulated fishing – To engage in
b. Engaging in unauthorized fisheries activities
unregulated fishing in waters within and
– To exploit, occupy, produce, breed or
beyond national jurisdiction. (Sec. 90)
culture fish, fry or fingerlings of any
f. Poaching in Philippine Waters - Any foreign
fishery species or fishery products or
person, corporation or entity to fish or
construct and operate fish corrals, fish
operate any fishing vessel in Philippine
traps, fish pens and fish cages or
waters.
fishponds without a license, lease or
permit.
The entry of any foreign fishing vessel in
Philippine waters shall constitute a prima facie

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presumption that the vessel is engaged in
fishing in Philippine waters. (Sec. 91)
g. Fishing Through Explosives, Noxious or
Poisonous Substance, or Electricity.
i. To catch, take or gather or cause to be
caught, taken or gathered fish or any
fishery species in Philippine waters
with the use of explosives, noxious or
poisonous substance such as
sodium cyanide, which will kill,
stupefy, disable or render
unconscious fish or fishery species.
The Department, subject to such
safeguards and conditions deemed
necessary and with the
endorsement from the concerned
LGUs, may allow, for research,
educational or scientific purposes
only, the use of poisonous or
noxious substances to catch, take or
gather fish or fishery species.
The use of poisonous or noxious
substances to eradicate predators
and pests in fishponds in
accordance with accepted scientific
practices and without causing
adverse environmental impact in
neighboring waters and grounds
shall not be construed as illegal
fishing.
The discovery of dynamite, other
explosives and chemical
compounds which contain
combustible elements, or noxious
or poisonous substances, or
equipment or device for
electrofishing in any fishing vessel or
in the possession of any fisherfolk,
operator, fishing boat official or
fishworker shall constitute a prima
facie presumption that any of these
devices was used for fishing in
violation of this Code.
The discovery in any fishing vessel
of fish caught or killed with the use
of explosives, noxious or poisonous
substances, or by electricity shall
constitute a prima facie
presumption that the fisherfolk,
operator, boat official or fishworker is
fishing with the use thereof.
ii. To possess explosives, and
noxious or poisonous
substances for illegal fishing.
(Sec. 92)
h. Use of fine mesh net. – To engage in fishing
using nets with mesh smaller than that
which may be determined by the
Department.
The prohibition on the use of fine mesh
net shall not apply to the gathering of fry,
glass eels, elvers, tabios, and alamang
and other species that by their nature are
small but already mature, as identified in
the implementing rules and regulations
by the Department.
The discovery of a fine mesh net in a
fishing vessel shall constitute a prima
facie presumption that the person or
fishing vessel is engaged in fishing with
the use of fine mesh net. (Sec. 93)
i. Fishing in overexploited fishery
management areas – To fish in fishery
management areas declared as
overexploited. (Sec. 94)
j. Use of active gear in municipal waters, bays
and other fishery management areas – To
engage in fishing in municipal waters and in
all bays as well as other fishery management
areas using active fishing gears as defined
in this Code. (Sec. 95)
k. Ban on Coral Exploitation and Exportation. –
To gather, possess, commercially transport,
sell or export ordinary, semi-precious and
precious corals, whether raw or in processed
form, except for scientific or research
purposes.
It shall also be unlawful for any person,
corporation or entity to commit any activity
that damage coral reefs. (Sec. 96)
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l. Ban on muro-ami, other methods and gear
destructive to coral reefs and other marine
habitat
i. To fish with gear or method that
destroys coral reefs, seagrass beds,
and other fishery marine life habitat as
may be determined by the
Department.
‘Muro-ami’ and any of its
variation, and such similar gears
and methods that require diving,
other physical or mechanical
acts to pound the coral reefs and
other habitat to entrap, gather or
catch fish and other fishery
species are also prohibited.
(Sec. 97)
m. Illegal use of superlights or fishing light
attractor – To engage in fishing with the use
of superlight in municipal waters, or to fish
with fishing light attractor using candlelight
power or intensity beyond the standards set
by the Department. (Sec. 98)
n. Conversion of mangroves – To convert
mangroves into fishponds or for any other
purpose (Sec. 99)
o. Fishing during closed season (Sec. 100)
p. Fishing in marine protected areas, fishery
reserves, refuge and sanctuaries, as declared
by the Department or the LGUs (Sec. 101)
q. Fishing or taking of rare, threatened or
endangered species
i. To fish or take, catch, gather, sell,
purchase, possess, transport,
export, forward or ship out
aquatic species listed in
Appendix I of the Convention on
the International Trade in
Endangered Species of Wild
Flora and Fauna (CITES), or
those categorized by the
International Union for
Conservation of Nature and
Natural Resources (IUCN) as
threatened and determined by
the Department as such.
ii.
To fish, take, catch, gather, sell,
purchase, possess, transport,
export, forward or ship out
aquatic species listed in CITES
Appendices II and III if scientific
assessments show that
population of the species in the
wild cannot remain viable under
pressure of collection and trade.
The taking or fishing of these
species from the wild for
scientific research, or
conservation breeding
simultaneous with commercial
breeding may be allowed.
iii. To gather, take, possess, transport, or
export, forward or ship out
captive-bred species that have
been transplanted to the wild.
(Sec. 102)
r. Capture of sabalo and other
breeders/spawners – To catch, gather,
capture or possess mature milkfish or
sabalo and other breeders or spawners of
other fishery species as may be determined
by theDepartment.
Catching of sabalo and other
breeders/spawners for local breeding
purposes or scientific or research purposes
may be allowed subject to guidelines that
shall be promulgated by the Department.
(Sec. 103)
s. Exportation of breeders, spawners, eggs or
fry
Failure on the part of the shipping or
forwarding company from whose
possession the breeders, spawners,
eggs, or fry are discovered or seized to
fully cooperate in the investigation
conducted by concerned government
authorities on the matter shall create a
presumption that there is connivance or
conspiracy between the company and
the shipper to violate the provisions of
this section. (Sec. 104)
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t. Importation or exportation of fish or
fisheryspecies

Failure on the part of the shipping or

forwarding company from whose
possession the fish or fishery species
imported or exported are discovered or
seized to fully cooperate in the
investigation conducted by concerned
government authorities shall create a
presumption that there is connivanceor
conspiracy between the shipping
company and the shipper to perpetrate
the aforementioned offense. (Sec. 105)
u. Violation of Harvest Control Rules as
determined by the Department. (Sec. 106)
Aquatic pollution – the introduction by
human or machine, directly or indirectly,
of substances or energy to the aquatic
environment which result or is likely to
result in such deleterious effects as to
harm living and non-living aquatic
resources, pose potential and/or real
hazard to human health, hindrance to
aquatic activities such as fishing and
navigation. Deforestation, unsound
agricultural practices such as the use of
banned chemicals and excessive use of
chemicals, intensive use of artificial fish
feed, and wetland conversion, which
cause similar hazards and deleterious
effects shall also constitute aquatic
pollution.

e.g., Dumping/disposal of waste and

other marine litters, discharge of
petroleum or residual products of
petroleum or carbonaceous
materials/substances, and other,
radioactive, noxious or harmful liquid,
gaseous or solid substances, from any
water, land or air transport or other
human-made structure. (Sec. 107)

v. Failure to comply with minimum safety

standards (Sec. 108)
w. Failure of owners and operators of
fishponds, fishpens and fish cages to
submit
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 an annual report to the Department to provide a catch report shall be deemed
pursuant to Section 57 of this Code unlawful. It shall likewise be unlawful for
(Sec. 109) any person to fail to comply with other rules
x. Gathering and marketing of shell on port state measures promulgated by the
fishes or other aquatic species – To Department in
gather, take, sell, transfer, possess,
commercially transport, export,
forward or ship out any sexually
mature shell fish or other aquatic
species identified by the Department,
or below the minimum size, or above
the maximum quantities prescribed
for the species. (Sec. 110)
y. Obstruction to navigation or flow or
ebb of tide in any stream, river, lake or
bay (Sec. 111)
z. Noncompliance with good
aquaculture practices (Sec. 112)
aa. Commercial fishing vessel operators
employing unlicensed fisherfolk,
fishworker or crew (Sec. 113)
bb. Obstruction of defined migration paths (Sec.
114)
cc. Obstruction to Fishery Law
Enforcement Officer – The fishing
vessel owner, master or operator or
any other person acting on behalf of
any fishing vessel who assaults,
resists, intimidates, harasses,
seriously interferes with, or unduly
obstructs or delays a fishery law
enforcement officer, authorized
inspector or observer, the deputized
fishwarden of the LGU, or any lawfully
- boarding government officers, in the
exercise of their duties shall be
penalized under this Code.
Any person who does not allow any
authorized officer or an observer to
exerciseany of the legal duties shall be
deemed to be obstructing that officer
or person. (Sec. 115)
dd. Noncompliance with Fisheries
Observer Coverage (Sec. 116)
ee. Noncompliance with Port State
Measures. –No foreign fishing vessel
shall be allowed entry without
providing at least twenty-four (24)-
hour prior notice. When a foreign
fishing vessel is granted entry, failure

Page 252 of 354

 coordination with port state authorities. (Sec.
117)
————- end of topic ————-
ff. Failure to comply with rules and regulations
on conservation and management
TOPIC OUTLINE UNDER THE SYLLABUS:
measures, adopted in rules and regulations
to be promulgated by the Department. (Sec.
III. SPECIAL PENAL LAWS
118)
gg. To engage in fishing activity without
D. ANTI-FENCING LAW OF 1979 (PD 1612)
complying with the vessel monitoring
measures promulgated by the Department in
1. Definition of terms (Sec. 2)
coordination with the LGUs.
2. Elements
For vessels operating in Philippine waters, only
the catcher vessel shall be covered by this
3. Penalties (Sec. 3)
requirement. It shall also be unlawful to
intentionally tamper with, switch off or
4. Liability of officials of juridical
disable the vessel monitoring system. (Sec.
persons(Sec. 4)
119)
hh. To construct or import fishing vessels or
5. Presumption of fencing; Exception (Sec.
gears or to convert other vessels into
5 & 6)
fishing vessels without permit from the
Department(Sec. 120)
6. Other relevant rules
ii. Use of unlicensed gear (Sec. 121)
jj. Falsifying, concealing or tampering with
vessel markings, identity or registration
(Sec. 122)
kk. Concealing, tampering or disposing of
evidence relating to an investigation of a
violation (Sec. 123)
ll. Noncompliance with the requirements for the
introduction of foreign or exotic aquatic
species (Sec. 124)
mm. Failure to comply with standards and trade-
related measures. (Sec. 125)
nn. Possessing, dealing in or disposing illegally
caught or taken fish – The discovery of any
fish or species caught with the use of
explosives or noxious or poisonous
substances shall constitute a prima facie
presumption that the possessor, seller, fish
dealer, transporter, importer, or exporter
thereof has knowledge that the fish or
species was caught or taken in violation of
this Code. (Sec. 126)
oo. Unauthorized disclosure of sensitive
technical information (Sec. 127)
pp. Violation of administrative orders or
regulations promulgated by the Department
or any provision thereof

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 D. ANTI-FENCING LAW OF 1979 private complainant, but it cannot be without a
victim. As complainant reported no loss, [the
I. Definition of terms
Court] cannot hold for certain that there was a
Fencing committed crime of theft. The first element of
It is the act of any person who, with intent to the crime of fencing is absent. (Tan v. People,
gainfor himself or for another, shall buy, receive, G.R. No. 134298, 1999)
possess, keep, acquire, conceal, sell or dispose
of, or shall buy and sell, or in any other manner III. Penalties
deal in any article, item, object or anything of Penalties as provided under Sec. 3
value which he knows, or should be known to him, Value of property Penalty
to have been derived from the proceeds of the (P)
crime of robbery or theft. (Sec. 2)
12,000 < x ≤ 22,000 Prision mayor
x > 22,000 Prision mayor, maximum +
Fence
1 year for every additional
This includes any person, firm, association,
P10,000, but shall not
corporation or partnership or other organization
exceed 20 years
who/which commits the act of fencing. (Sec. 2)
6,000 < x ≤ 12,000 Prision correccional,
II. Elements medium to maximum
200 < x ≤ 6,000 Prision correccional,
Elements of the crime of fencing
minimum to medium
1. The crime of robbery or theft has been
50 < x ≤ 200 Arresto mayor, medium to
committed;
prision correccional,
2. The accused, who is not the principal or
minimum
accomplice in the crime of robbery or theft,
buy, receive, possess, keep, acquire,
5 < x ≤ 50 Arresto mayor, medium
conceal, sell or dispose of, or shall buy and x<5 Arresto mayor, minimum
sell, or in any other manner deal in any IV. Liability of officials of juridical persons
article, item, object or anything of value,
which has been derived from the proceeds If the fence is a partnership, firm, corporation or
of the said crime; association, the president or the manager or
3. The accused knows or should have known any officer thereof who knows or should have
that the said article, item, object or anything known the commission of the offense shall be
of value has been derived from the proceeds liable. (Sec. 4)
of the crime of robbery or theft; and,
V. Presumption of fencing; Exception
4. There is, on the part of the accused, intent to
gain for himself or another. (Dizon- General rule: Mere possession of any good,
Pamintuan v. People, G.R. No. 111426, 1994) article, object or anything of value which has been
subject of robbery or thievery shall be prima facie
Complainant Rosita Lim testified that she lost evidence for fencing. (Sec. 5)
certain items and Manuelito Mendez confessed
that he stole those items and sold them Exception: Possession of clearance/permit to
to the accused. However, Rosita Lim never sell/use second hand articles (Sec. 6)
reported the theft or even loss to the police. She
admitted that after Manuelito Mendez, her All stores, establishments or entities dealing in
former employee, confessed to the unlawful the buy and sell of any good, article, item, object
takingof the items, she forgave him, and did not or anything of value obtained from an
prosecute him. Theft is a public crime. unlicensed dealer or supplier thereof, shall
It can be prosecuted de oficio, or even without a before offering the same for sale to the public,
secure the necessary clearance or permit from

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the station commander of the Integrated
National Police of the town/city where it is
located.
Failure to secure the clearance or permit herein
required shall upon conviction be punished as a
fence.
TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
E. BOUNCING CHECKS LAW (BP 22)
1. Punishable acts; Elements (Sec. 1)

Factors that are to be considered in justifying 2. Evidence of knowledge of

thepresumption include: insufficientfunds (Sec. 2)
a. the time and place of the sale, both of which
may not be in accord with the usual practices 3. Duty of drawee (Sec. 3)
of commerce;
b. the nature and condition of the goods sold; 4. Defenses against BP 22
and,
c. the fact that the seller is not regularly 5. Estafa under BP 22 vs. estafa under
engaged in the business of selling goods. Revised Penal Code
(Ong v. People, G.R. No. 190475, 2013)
6. Other relevant rules
VI. Other relevant rules
Fencing vis-à-vis robbery/theft
The one who acts as a fence or commits the act
of fencing may be prosecuted EITHER under the
Revised Penal Code, as an accessory OR under
the Anti-Fencing Law, as a principal.
Fencing does not require that the accused
participated in the design to commit theft or
robbery.
The crimes of robbery and theft, on the one hand,
and fencing, on the other, are separate and
distinct offenses. The state may choose to
prosecute him either under the RPC or the Anti-
Fencing Law, although the preference for the
latter would seem inevitable considering that
fencing is a malum prohibitum, and the special
law creates a presumption of fencing and
prescribes a higher penalty based on the value of
the property. (Dizon-Pamintuan v. People, G.R.
No. 111426, 1994)

————- end of topic ————-

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 E. BOUNCING CHECKS LAW (BP 22)
I. Punishable acts
a. With insufficient funds upon making or
drawing and issuing check (Sec. 1, par. 1)
ELEMENTS:
1. Any person makes or draws and issues a
check to apply on account or for value;
2. Knowledge of the maker, drawer or issuer
that he does not have sufficient funds in the
drawee bank for the payment of such check
in full upon its presentment;
3. The (a) subsequent dishonor of the check by
the drawee bank for insufficiency of funds
or credit, OR (b) dishonor for the same
reasonhad not the drawer, without any valid
cause,ordered the bank to stop payment;
4. The payee or holder of the dishonored check
gives a written notice of dishonor and
demand for payment; and,
5. After receipt of the written notice and
demand, refuses or fails to pay the value of
the check within five (5) banking days. (Bax
v. People, G.R. No. 149858, 2007)
b. With sufficient funds upon making or
drawing and issuing, but failed to keep the
funds (Sec. 1, par. 2)
ELEMENTS:
1. Any person makes or draws and issues a
check to apply on account or for value;
2. He had sufficient funds in or credit with the
drawee bank upon making or drawing and
issuing the check;
3. Failure to keep sufficient funds or to
maintaina credit to cover the full amount of
the check, if presented within 90 days from
the date appearing thereon;
4. The drawee bank dishonors the check for
such reason;
5. The payee or holder of the dishonored check
gives a written notice of dishonor and
demand for payment; and,
6. After receipt of the written notice and
demand, refuses or fails to pay the value of
the check within five (5) banking days.
II.
Evidence of knowledge of insufficient
funds
General rule: The making, drawing and issuance
of a check which is refused by the drawee
because of insufficient funds in or credit with
such bank, when presented within ninety (90)
days from the date of the check, shall be prima
facie evidence of knowledge of such
insufficiency of funds or credit. In case of
insufficiency of funds in or credit with such
drawee bank, such fact shall always be explicitly
stated in the notice of dishonor or refusal.
Exceptions: If the maker or drawer
a. Pays the holder thereof the amount due
thereon; or,
b. Makes arrangements for payment in full by
the drawee of such check within five (5)
banking days after receiving notice that such
check has not been paid by the drawee.
(Sec. 2)
If such notice of non-payment by the drawee bank
is not sent to the maker or drawer of the check, or
if there is no proof as to when such notice was
received by the drawer, then the presumption or
prima facie evidence cannot arise, since there
would simply be no way of reckoning the crucial
5-day period.
Thus, this Court further ruled in King, "in order to
create the prima facie presumption that the
issuerknew of the insufficiency of funds, it must
be shown that he or she received a notice of
dishonor and, within five banking days thereafter,
failed to satisfy the amount of the check or
make arrangement for its payment." (Chua vs.
People,G.R. No. 196853, 2015)
III. Duty of drawee
a. When refusing to pay check to the holder
upon presentment, the drawee must cause
to be written, printed, or stamped in plain
language thereon, or attached thereto, the
reason for drawee's dishonor or refusal to
pay the same.
b. If there are no sufficient funds in or credit
with such drawee bank, such fact shall
Page 256 of 354
 always be explicitly stated in the notice of
dishonor or refusal.
c. Notwithstanding receipt of an order to stop
payment, the drawee shall state in the notice
that there were no sufficient funds in or
credit with such bank for the payment in full
of suchcheck, if such be the fact.
The introduction in evidence of the unpaid
and dishonored check, with drawee’s refusal
written, printed or stamped on it, with the
reason therefore, shall be prima facie
evidence of the making, issuance and
presentment for payment of the said check
tothe drawee, as well as its proper dishonor
forthe reason written on said check. (Sec. 3)
The check was presented for payment
beyond 180 days from maturity.
e. Valid cause to stop payment.
f. Complainant was informed by issuer
beforehand that the account had closed.
g. The complainant is the actual or potential
wrongdoer or he had no more right to encash
the check for payment.
h. Only an oral notice or demand to pay was
given to the drawer upon dishonor of
drawee. The law requires that the
insufficiency of funds in or credit shall be
explicitly stated in the written notice of
dishonor and demand for payment.
(Domagsang v. Court of Appeals, G.R. No.
139292, 2000)

IV. Defenses against BP 22 V. Estafa under BP 22 vs. Estafa under RPC

The following are possible defenses against Distinguishing estafa through issuance of a
liability under BP 22: check under the RPC and BP 22
a. The check was issued as payment of a ESTAFA THROUGH
warranty deposit paid by an ISSUANCE OF A
BP 22
accommodating party (respondent/private CHECK UNDER THE
complainant) as required under the lease- RPC
purchase agreement. Unknown to the The check is issued
The check can be
petitioner, the Vice President of the concurrently and
issued even in
company that distributed the equipment to reciprocally in
payment for a pre-
be bought. The lease-purchase agreement payment, never for a
existing obligation.
did not ripen intoa purchase but remained a pre-existing obligation.
lease with rentals. To charge the accused for Damage and deceit
Damage and deceit
the refund of a "warranty deposit" which he are elements of the
are immaterial.
did not withdraw as it was not his own crime.
account, it having remained with LS Finance, Crime against public
is to evenmake him pay an unjust "debt", to interest (Causes
Crime against
say the least, since petitioner (accused) did prejudice to the
property
not receive the amount in question. (Magno economy and banking
v. CA, G.R. No. 96132, 1992) system)
b. The required notice of dishonor has not been BOTH DRAWER AND ONLY THE DRAWER
given. The drawer should be given a notice INDORSER are liable. is liable.
of dishonor to give him the opportunity to Drawer has 3 days Drawer has 5 days
make good the value of the check within 5 from notice of from notice of
banking days. dishonor to make dishonorto make good
c. The dishonor of the check was not due to good the check the check
insufficiency of funds. If the reason for Malum in se Malum prohibitum
dishonor is other than insufficiency of
funds,such as failure of consideration, BP 22
is notviolated.
d.

Page 257 of 354

VI. Other relevant rules checks before the filing of the information
has already attained the purpose of the law.
Check drawn by a corporation, company or
entity
HOWEVER, payment of the value of the
Where the check is drawn by a corporation,
bounced check AFTER the filing of
company or entity, the person/s who actually
information would no longer have the effect
signed the check in behalf of such drawer shall
of exonerating the accused from possible
be liable. (Sec. 1, par. 3)
conviction for violation of BP 22.
No double jeopardy
Since from the commencement of the
One can be convicted for estafa and violating BP
criminal proceedings in court, there is no
22; no double jeopardy. It is expressly provided
circumstance to show that the accused had
under Sec. 5 of BP 22 that, “(p)rosecution under
every intention to mitigate or totally
this Act shall be without prejudice to any liability
alleviatethe ill effects of his issuance of the
for violation of any provision of the RPC.” (Nierras
unfunded check, then there is no equitable
v. Dacuycuy, G.R. Nos. 59568-76, 1990)
and compelling reason to preclude his
prosecution. In such a case, the letter of the
Issuance of check as accommodation party
law should be applied to its full extent. (Lim
What the law punishes is the issuance itself of a
v. People, G.R. No. 190834, 2014)
bouncing check and not the purpose for which it
was issued or of the terms and conditions
2. Ninety (90) days – The maker or issuer must
relatingto its issuance. The mere act of
maintain sufficient funds within ninety (90)
issuing aworthless check, whether merely
days from the date of the check to destroy
as anaccommodation, is covered by
the prima facie presumption of knowledge
BP 22. (Ruiz v.People, G.R. No. 160893, 2005)
ofinsufficiency of funds under Sec. 2.
3. One hundred eighty (180) days – Failure of
Proof of dishonor for insufficiency of funds
the payee to present the check for payment
AND knowledge of such insufficiency required
or deposit within one hundred eighty (180)
To hold petitioner liable for violation of BP 22, it is
days from the date of the check will make
not enough that she issued the check that was
the it stale and valueless, thus, no criminal
subsequently dishonored for insufficiency of
action shall arise therefrom.
funds. It must also be shown beyond reasonable
doubt that she knew of the insufficiency of
————- end of topic ————-
funds at the time the check was issued.
(Vergara v. People, G.R. No. 160328, 2005)
TOPIC OUTLINE UNDER THE SYLLABUS:
Summary of relevant periods under BP 22
III. SPECIAL PENAL LAWS
1. Five (5) banking days – the maker or issuer
must make arrangements to make good the F. SWINDLING BY SYNDICATE (PD 1689)
check within five (5) banking days from
receipt of notice of dishonor to not be held 1. Elements; Penalty
criminally liable for the check issued.
2. Other relevant rules
Payment made AFTER the five (5) banking
days provided by law, BUT BEFORE the
filing of the Information shall exonerate the
accused. In effect, the payment of the

Page 258 of 354

 F. SWINDLING BY SYNDICATE (PD 1689)
I. Elements
Elements of swindling by syndicate
When punishable by life imprisonment to
death –
1. Estafa or other forms of swindling as
defined in Article 315 and 316 of the
Revised Penal Code is committed;
a. With unfaithfulness or abuse of
confidence (Art. 315);
b. By means of false pretenses or
fraudulent acts executed prior to or
simultaneously with the commission
of fraud (Art. 315);
c. Through inducement by means of
deceit to sign a document, by
resorting to fraudulent practice in a
gambling game, by removing,
concealing, or destroying documents
or any other papers (Art. 315);
d. Encumbrance of property whilst
pretending to be the owner
e. Disposal of encumbered property
f. Unlawful taking of personal property
g. Execution of fictitious contract
h. Mortgage, encumbrance, or sale of
surety in a bond in a criminal or civil
action
2. The estafa or swindling is committed by a
syndicate of five or more persons;
3. Formed with the intention of carrying out
the unlawful or illegal act, transaction,
enterpriseor scheme; and,
4. Defraudation results in the
misappropriation of moneys contributed by
stockholders, or members of rural banks,
cooperatives, "samahang nayon(s)," or
farmers’ associations or of funds solicited
by corporations / associations from the
generalpublic.
When punishable by reclusion temporal to
reclusion perpetua –
1. The estafa or swindling is NOT committed by
a syndicate, as defined above;
2. Amount of the fraud EXCEEDS P100,000;
and,
3. All other elements above are present.
II. Other relevant rules
To be considered as a syndicate under PD 1689,
the perpetrators of an estafa must not only be
comprised of at least five individuals but must
also have also used the association that they
formed or managed to defraud its own
stockholders, members or depositors.
Section 1 of PD 1689 speaks of a syndicate
formed with the intention of carrying out the
unlawful scheme for the misappropriation of
the money contributed by the members of the
association. Thus, only those who formed [or]
manage associations that receive contributions
from the general public who misappropriated the
contributions can commit syndicated estafa.
(Remo v. Secretary of Justice, G.R. No. 192925,
2016)
As the preamble of PD 1689 shows, the act
prohibited therein need not necessarily threaten
the stability of the nation. It is sufficient that it
"contravenes public interest." Public interest was
affected by the solicitation of deposits under a
promise of substantial profits, as it was people
coming from the lower income brackets who
were victimized by the illegal scheme. (People v.
Balasa, G.R. No. 106357, 1998)
————- end of topic ————-
Page 259 of 354
 TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
G. MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT OF 1995 (RA 8042 AS
AMENDED BY RA 10022)
1. Definition of terms (Sec. 3, RA 8042)
2. Acts included in illegal recruitment (Sec.
5, RA 10022)
3. Prohibited acts (Sec. 5, RA 10022)
4. Penalties (Sec. 6, RA 10022)
5. Prescription (Sec. 12, RA 8042)
6. Other relevant rules
G. MIGRANT WORKERS AND OVERSEAS
FILIPINOS ACT OF 1995 (RA 8042 AS
AMENDED BY RA 10022)
I. Definition of terms
a. Migrant worker
It refers to a person who is to be engaged, is
engaged or has been engaged in a remunerated
activity in a state of which he or she is not a
legal resident; to be used interchangeably with
overseas Filipino worker.
b. Overseas Filipinos
It refers to dependents of migrant workers and
other Filipino nationals abroad who are in
distress. (Sec. 3, RA 8042)
c. Illegal recruitment
It refers to any act of canvassing, enlisting,
contracting, transporting, utilizing, hiring, or
procuring workers and includes referring, contract
services, promising or advertising for
employment abroad, whether for profit or not,
when undertaken by a non-licensee or non-
holder of authority contemplated under Article
13(f) of Presidential Decree No. 442, as
amended, otherwise known as the Labor Code of
the Philippines.
Any such non-licensee or non-holder who, in any
manner, offers or promises for a fee
employment abroad to two (2) or more persons
shall be deemed so engaged. (Sec. 5, RA 10022)
d. Illegal recruitment by a syndicate
Illegal recruitment is deemed committed by a
syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with
one another. This shall be considered an offense
involving economic sabotage. (Sec. 5, RA 10022)
e. Illegal recruitment in large scale
It is deemed committed in large scale if committed
against three (3) or more persons individually or
as a group. This shall be considered an offense
involving economic sabotage. (Sec. 5, RA 10022)
Page 260 of 354
 II. Acts included in illegal recruitment To fail to submit reports on the status of
employment, placement vacancies,
Illegal recruitment shall include the following acts,
remittance of foreign exchange earnings,
whether committed by any person, whether a
separation from jobs, departures and such
non-licensee, non-holder, licensee or holder of
other matters or information as may be
authority:
required by the SOLE;
i. To substitute or alter to the prejudice of
a. To charge or accept directly or indirectly any
the worker, employment contracts
amount greater than that specified in the
approved and verified by the DOLE from
schedule of allowable fees prescribed by the
the time of actual signing thereof by the
SOLE, or to make a worker pay or
parties up to and including the period of the
acknowledge any amount greater than that
expiration of the same without the approval
actually received by him as a loan or
of the DOLE;
advance;
j. For an officer or agent of a recruitment or
b. To furnish or publish any false notice or
placement agency to become an officer or
information or document in relation to
member of the Board of any corporation
recruitment or employment;
engaged in travel agency or to be engaged
c. To give any false notice, testimony,
directly or indirectly in the management of a
information or document or commit any act
travel agency;
of misrepresentation for the purpose of
k. To withhold or deny travel documentsfrom
securing a license or authority under the
applicant workers before departure for
Labor Code, or for the purpose of
monetary or financial considerations,or for
documenting hired workers with the POEA,
any other reasons, other than those
including reprocessing workers through a
authorized under the Labor Code and its
job order that pertains to nonexistent work,
implementing rules and regulations;
work different from the actual overseas
l. Failure to actually deploy a contracted
work, or work with a different employer
worker without valid reason as determined
whether registered or not with thePOEA;
by the DOLE;
d. To induce or attempt to induce a worker
m. Failure to reimburse expenses incurred by
already employed to quit his employmentin
the worker in connection with his
order to offer him another UNLESS the
documentation and processing for
transfer is designed to liberate a worker
purposes of deployment, in cases where the
from oppressive terms and conditions of
deployment does not actually take place
employment;
without the worker's fault; and
e. To influence or attempt to influence any
n. To allow a non-Filipino citizen to head or
person or entity not to employ any worker
manage a licensed recruitment/manning
who has not applied for employment
agency. (Sec. 5, RA 10022)
through his agency or who has formed,
joined or supported, or has contacted or is III. Prohibited acts
supported by any union or workers'
organization; In addition, it shall also be unlawful for any person
f. To engage in the recruitment or placement of or entity to commit the following prohibited acts:
workers in jobs harmful to public health or a. Grant a loan to an overseas Filipino worker
morality or to the dignity of the Republic of with interest exceeding eight percent (8%)
the Philippines; per annum, which will be used for payment
g. To obstruct or attempt to obstruct of legal and allowable placement fees and
inspection by the SOLE or by his duly make the migrant worker issue, either
authorized representative; personally or through a guarantor or

h.

Page 261 of 354

 accommodation party, postdated checks in
relation to the said loan;
b. Impose a compulsory and exclusive
arrangement whereby an overseas Filipino
worker is required to avail of a loan only
from specifically designated institutions,
entities or persons;
c. Refuse to condone or renegotiate a loan
incurred by an overseas Filipino worker after
the latter's employment contract has been
prematurely terminated through no fault of
his or her own;
d. Impose a compulsory and exclusive
arrangement whereby an overseas Filipino
worker is required to undergo health
examinations only from specifically
designated medical clinics, institutions,
entities or persons, EXCEPT in the case of a
seafarer whose medical examination cost
isshouldered by the principal/shipowner;
e. Impose a compulsory and exclusive
arrangement whereby an overseas Filipino
worker is required to undergo training,
seminar, instruction or schooling of any
kind only from specifically designated
institutions, entities or persons, EXCEPT for
recommendatory trainings mandated by
principals/shipowners where the latter
shoulder the cost of such trainings;
f. For a suspended recruitment/manning
agency to engage in any kind of recruitment
activity including the processing of pending
workers' applications; and
g. For a recruitment/manning agency or a
foreign principal/employer to pass on to the
overseas Filipino worker or deduct from his
or her salary the payment of the cost of
insurance fees, premium or other
insurance related charges, as provided
under the compulsory worker's insurance
coverage. (Sec. 5, RA 10022)
IV. Penalties
If found guilty of –
a. Illegal recruitment – Imprisonment of not
less than twelve (12) years and one (1) day
but not more than twenty (20) years and a
fine of not less than P1,000,000 nor more
than P2,000,000.
b. Illegal recruitment constituting economic
sabotage – Life imprisonment and a fine of
not less than P2,000,000 nor more than
P5,000,000.
c. Any of the prohibited acts – Imprisonment
ofnot less than six (6) years and one (1) day
but not more than twelve (12) years and a
fine of not less than P500,000 nor more than
P1,000,000.
If the offender is an alien, he or she shall, in
addition to the penalties herein prescribed, be
deported without further proceedings.
In every case, conviction shall cause and carry
the automatic revocation of the license or
registration of the recruitment/manning agency,
lending institution, training school or medical
clinic. (Sec. 6, RA 10022)
V. Prescription
Illegal recruitment cases under this Act shall
prescribe in five (5) years.
Illegal recruitment cases involving economic
sabotage as defined herein shall prescribe in
twenty (20) years. (Sec. 12, RA 8042)
VI. Other relevant rules
Persons liable
The persons criminally liable for the above
offenses are the principals, accomplices and
accessories.
In case of juridical persons, the officers having
ownership, control, management or direction of
their business who are responsible for the
commission of the offense and the responsible
employees/agents thereof shall be liable. (Sec. 5,
RA 10022)
Estafa and illegal recruitment
Estafa and illegal recruitment are entirely different
offenses. Neither one necessarily includes or is
necessarily included in the other. A person who is
convicted of illegal recruitment may, in addition be
Page 262 of 354
 convicted of estafa under Article 315 2(a) of the ANTI-ILLEGAL NUMBERS GAMES LAW
Revised Penal Code. (People v. Billaber, G.R. No. (PD 1602, AS AMENDED BY RA 9287)
114967-68, 2004)
I. Definition of terms

The filing of an offense punishable under this Illegal numbers game

Act shall be without prejudice to the filing of It refers to any form of illegal gambling activity
cases punishable under other existing laws, which uses numbers or combinations thereof as
rules or regulations. (Sec. 5, RA 10022) factors in giving out jackpots. (Sec. 2, RA 9287)

————- end of topic ————- II. Persons liable

a. Other than those in the succeeding items,
TOPIC OUTLINE UNDER THE SYLLABUS: any person who participates in any illegal
numbers game or any illegal or
III. SPECIAL PENAL LAWS unauthorized activities or games of
cockfighting, jueteng, jai-alai or horse racing
H. ANTI-ILLEGAL NUMBERS GAMES LAW (PD to include bookie operations and game
1602, AS AMENDED BY RA 9287) fixing, numbers, bingo and other forms of
lotteries; cara y cruz, pompiang and the like;
1. Definition of terms (Sec. 2) 7-11 and any game using dice; black jack,
lucky nine, poker and its derivatives, monte,
2. Persons liable baccarat, cuajo, pangguingue and other
card games; paik que, high and low,
3. Possession of gambling paraphernalia mahjong, domino and other games using
as prima facie evidence (Sec. 4, RA plastic tiles and the like; slot machines,
9287) roulette, pinball and other mechanical
contraptions and devices; dog racing, boat
4. Informer’s reward (Sec. 11, RA 9287) racing, car racing and other forms of races,
basketball, boxing, volleyball, bowling,
5. Other relevant rules pingpong and other forms of individual or
H. team contests to include game fixing, point
shaving and other machinations; banking or
percentage game, or any other game or
scheme, whether upon chance or skill,
wherein wagers consisting of money,
articles of value or representative of value
are at stake or made;
b. Any person who shall knowingly permit any
form of gambling referred to in (a) to be
carried on in inhabited or uninhabitedplace
or in any building, vessel or othermeans of
transportation owned or controlled by him;
c. Any person who shall knowingly permit any
form of gambling referred to in (a) in a
place where gambling is carried on has a
reputation of a gambling place or that
prohibited gambling is frequently carried on
therein, or the place is a public or

Page 263 of 354

 government building or barangay hall; (Sec. action, or
1, PD 1602)
d. Bettor – places bets for himself/herself or
in behalf of another person, or any person,
other than the personnel or staff of any
illegalnumbers game operation;
e. Personnel or staff of an illegal numbers
game operation – acts in the interest of the
maintainer, manager or operator, such as,
but not limited to, an accountant, cashier,
checker, guard, runner, table manager,
usher, watcher, or any other personnel such
similar functions in a building, structure,
vessel, vehicle, or any other place where an
illegal numbers game is operated or
conducted;
• This includes any person who allows
his vehicle, house building or land to
be used in the operation of the illegal
numbers games.
f. Collector or agent – collects, solicits or
produces bets in behalf of his/her principal
forany illegal numbers game who is usually in
possession of gambling paraphernalia;
g. Coordinator, controller or supervisor –
exercises control and supervision over the
collector or agent;
h. Maintainer, manager or operator – maintains,
manages or operates any illegal numbers
game in a specific area from whom the
coordinator, controller or supervisor, and
collector or agent take orders;
i. Financier or capitalist – finances the
operations of any illegal numbers game; and,
j. Protector or coddler - lends or provides
protection, or receives benefits in any manner
in the operation of any illegal numbers game.
k. A government employee and/or public official,
whether elected or appointed, shall be held
liable for the following acts:
1. Assumes the role/s of collector, agent,
coordinator, controller, supervisor,
maintainer, manager, operator,
financier or capitalist (items (f) to (i) of
“Persons Liable” section);
2. While having knowledge of the
existence of the operation of any
illegal numbers game in his/her
jurisdiction, fails to abate or to take

Page 264 of 354

 tolerates the same in connection produces,
therewith; and,
3. Failure to apprehend perpetrators
of any illegal numbers game.
(Sec. 5, RA 9287); and,
l. Any parent, guardian or person
exercising moral authority or
ascendancy over a minor, ward or
incapacitated person, and not
otherwise falling under any of the
abovementioned acts, who induces or
causes such minor, ward or
incapacitated person to commit any
of the offenses punishable under this
Act.
• Upon conviction, said parent,
guardian or person exercising
moral authority or ascendancy
shall be deprived of his/her
authority over the minor, ward
or incapacitated person. (Sec. 6,
RA 9287)

III. Possession of gambling

paraphernalia asprima facie evidence
The possession of any gambling
paraphernalia and other materials used in
the illegal numbers game operation shall
be deemed prima facie evidence of any
offense covered by this Act. (Sec.4, RA 9287)

IV. Informer's reward

Any person who, having knowledge or
information of any offense committed
under this Act and who shall disclose the
same which may lead to the arrest and
final conviction of the offender, may be
rewarded a certain percentage of the cash
money or articles of value confiscated or
forfeited in favor of the government, which
shall be determined by the DOJ, in
coordination with the DILG and the
NAPOLCOM. (Sec. 11, RA 9287)

V. Other relevant rules

Immunity from prosecution
Any person who serves as a witness for
the government or provides evidence in a
criminal case involving any violation of this
Act, or who voluntarily or by virtue of a Page 265 of 354
subpoena testificandum or duces tecum,
identifies, or gives testimony shall be immune TOPIC OUTLINE UNDER THE SYLLABUS:
from any criminal prosecution. (Sec. 8, RA 9287)
III. SPECIAL PENAL LAWS
Prosecution, judgment and forfeiture of
I. COMPREHENSIVE FIREARMS AND
property
AMMUNITION REGULATION ACT (RA 10591)
Any person may be charged with or convicted of
the offenses covered by this Act without 1. Definition of terms
prejudice to the prosecution of any act or acts
penalized under the Revised Penal Code or a. Firearm
other existing laws.
b. Light Weapons
During the pendency of the case, no property or
c. Loose Arm
income used or derived therefrom which may be
confiscated and forfeited shall be disposed, d. Small Arms
alienated or transferred and the same shall be in
custodia legis and no bond shall be admittedfor 2. Punishable acts
the release of the same.
a. Unlawful acquisition, or
Upon conviction, all proceeds, gambling possession of firearms and
paraphernalia and other instruments of the ammunition (Sec. 28)
crime including any real or personal property
used in any illegal numbers game operation b. Use of loose firearm in the
shall beconfiscated and forfeited in favor of the commission of a crime (Sec. 29)
State. All assets and properties of the accused
c. Other prohibited acts
eitherowned or held by him/her in his/her name
or in the name of another person found to be 3. Other relevant rules
manifestly out of proportion to his/her lawful
income shall be prima facie presumed to be
proceeds of the offense and shall likewise be
confiscated and forfeited in favor of the State.
(Sec. 9, RA 9287)

————- end of topic ————-

Page 266 of 354

I. COMPREHENSIVE FIREARMS AND 1.
AMMUNITION REGULATION ACT (RA
10591)
I. Definition of Terms
Definition of Firearm
Any handheld or portable weapon, whether a
small arm or light weapon, that expels or is
designed to expel a bullet, shot, slug, missile or
any projectile, which is discharged by means of
expansive force of gases from burning
gunpowder or other form of combustion or any
similar instrument or implement. (Sec. 3 (l))

Definition of Light weapons

Class-A Light weapons which refer to self-loading
pistols, rifles and carbines, submachine guns,
assault rifles and light machine guns not
exceeding caliber 7.62MM which have fully
automatic mode;

Class-B Light weapons which refer to weapons

designed for use by two (2) or more persons
serving as a crew, or rifles and machine guns
exceeding caliber 7.62MM such as heavy
machine guns, handheld underbarrel and
mounted grenade launchers, portable anti-aircraft
guns, portable anti-tank guns, recoilless rifles,
portable launchers of anti-tank missile and
rocket systems, portable launchers of anti-
aircraft missile systems, and mortars of a
caliber of less than 100MM (Sec. 3 (t)).

Definition of Loose firearm

An unregistered firearm, an obliterated or altered
firearm, firearm which has been lost or stolen,
illegally manufactured firearms, registered
firearms in the possession of an individual other
than the licensee and those with revoked licenses
in accordance with the rules and regulations
(Sec. 3 (v)).

Definition of Small arms

Small arms refer to firearms intended to be or
primarily designed for individual use or that which
is generally considered to mean a weapon
intended to be fired from the hand or shoulder,
which are not capable of fully automatic bursts
ofdischarge, such as:

Page 267 of 354

 Handgun which is a firearm intended
to befired from the hand, which 5. Ammunition.
includes:
Aggravating circumstances for items (1)to
(i) A pistol which is a hand-operated
(3) –
firearm having a chamber
integral withor permanently
aligned with the bore which may
be self-loading; and
(ii) Revolver which is a hand-
operatedfirearm with a
revolving cylinder containing
chambers for individual
cartridges.
2. Rifle which is a shoulder firearm or
designed to be fired from the
shoulder thatcan discharge a bullet
through a rifled barrel by different
actions of loading, whichmay be
classified as lever, bolt, or self-
loading; and
3. Shotgun which is a weapon designed,
madeand intended to fire a number of
ball shots ora single projectile through
a smooth bore bythe action or energy
from burning gunpowder. regulations
(Sec. 3 (dd)).

II. Punishable acts

a. Unlawful acquisition, or possession
offirearms and ammunition (Sec. 28)

1. Small arm/s (or a major part thereof)

– intended for individual use, to be
fired from hand or shoulder, not
capable of fully automatic burst;

2. Class-A light weapons (or a major

part thereof) – self-loading pistols,
rifles, etc. not exceeding caliber
7.62MM which have fully automatic
mode;

3. Class-B light weapons (or a major

part thereof) – designed for use of 2
or more persons, which has a caliber
exceeding 7.62MM;

4. Firearm/s – any handheld weapon,

small or light weapon, that expels a
bullet or any projectile; this includes a
barrel, frame, or receiver, or any major
part thereof; or Page 268 of 354
i. Loaded with ammunition or inserted with a
loaded magazine;
ii. Fitted or mounted with laser or any gadget
used to guide the shooter to hit the target
such as thermal weapon sight (TWS) and
the like;
iii. Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer;
iv. Accompanied with an extra barrel; and
v. Converted to be capable of firing full
automatic bursts.
b. Use of loose firearm in the commission of a
crime (Sec. 29)
A loose firearm refers to
1. Unregistered firearm;
2. Obliterated or altered firearm;
3. Firearm which has been lost or stolen;
4. Illegally manufactured firearms;
5. Registered firearms in the possession of an
individual other than the licensee; and
6. Those with revoked licenses.
Considered an aggravating circumstance
The use of a loose firearm, when inherent in the
commission of a crime punishable under the
Revised Penal Code or other special laws, shall
be considered as an aggravating circumstance.
If penalty for crime charged is lower than the
penalty for illegal possession of firearms
If the crime committed with the use of a loose
firearm is penalized by the law with a maximum
penalty which is lower than the penalty imposed
for illegal possession of firearms, the penalty for
illegal possession of firearm shall be imposedin
lieu of the penalty for the crime charged.
If penalty for crime charged is equal to the
penalty for illegal possession of firearms
If the crime committed with the use of a loose
firearm is penalized by the law with a maximum
penalty which is equal to the penalty imposed
forillegal possession of firearms, the penalty of
prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime
punishable under the Revised Penal Code or
other special laws of which he/she is found guilty.
Absorbed as an element of the crime of
rebellion, or insurrection, or attempted coup d'
etat
If the violation of this Act is made in furtherance
of, or incident to, or in connection with the
crime of rebellion or insurrection, or attempted
coup d' etat, such violation shall be absorbed as
an element of said crime/s.
Considered as a distinct and separate offense
If the crime is committed by the person without
using the loose firearm, the violation of this Act
shall be considered as a distinct and separate
offense.
Liability of Juridical Person
The penalty of prision mayor in its minimum to
prision mayor in its medium period shall be
imposed upon the owner, president, manager,
director or other responsible officer of any
juridical entity who shall willfully or knowingly
allow any of the firearms owned by such to be
used by any person or persons found guilty of
violating the provisions of the preceding
section, or willfully or knowingly allow any of
them to use unregistered firearms without any
legal authority to be carried outside of their
residence in the course of their employment.
c. Other prohibited acts
1. Unlawful manufacture, importation, sale or
disposition of a firearm or ammunition, or a
major part thereof, or machinery, tool or
instrument used or intended to be used by
the same person in the manufacture of a
firearm, ammunition, or a major part thereof
(Sec. 32);
Page 269 of 354
2. Possession of machinery, tool or firearm muffler,
instrument in the manner stated above by or firearm
any person whose business, employment or silencer
activity does not lawfully deal with the 4) Accompanied
possession of such article shall be prima with an extra
facie evidence that such article is intended barrel
to be used unlawfully. 5) Converted to be
capable of firing
3. Arms smuggling (Sec. 33);
full automatic
4. Tampering, obliteration or alteration of bursts
firearms identification (Sec. 34); P of a major part of Prision mayor in its
a small arm minimum period
5. Use of imitation firearm (Sec. 35); Prision mayor in its
medium period
6. Planting evidence (Sec. 38); If this violation is
committed by the
7. Failure to notify lost or stolen firearm or
P of ammunition same person
lightweapon (Sec. 40); and,
fora small arm or charged with
8. Unlawful transfer/registration of firearms Class A light unlawful
(Sec. 41). weapon acquisitionor
possession of a
Summary of penalties under Sec. 28 & 29 small arm, the
Punishable act/s Penalty former violation
P of a small arm (a) Prision mayor shall be absorbed
P of 3 or more small Reclusion temporal by the latter
arms or Class A to reclusion P of a major part of Prision mayor in its
light weapons (b) perpetua a Class A weapon medium period
P of a Class A light Prision mayor in its Prision mayor in its
weapon (c) maximum period medium period
P of a Class B light Reclusion perpetua If this violation is
weapon committed by the
P + any of the One degree higher same person
P of ammunition
following than the penalties in charged with
fora Class A light
1) Loaded with (a), (b), and (c) unlawful
weapon
ammunition or acquisitionor
inserted with a possession of a
loaded Class A weapon,
magazine the former violation
2) Fitted or shall be absorbed
mounted with by the latter
laser or any
P of a major part of Prision mayor in its
a Class B light maximum period
gadget used to
weapon
guide the
shooter to hit Prision mayor in its
the target maximum period
3) Fitted or P of ammunition If this violation is
mounted with fora Class B light committed by the
sniper scopes, weapon same person
charged with

Page 270 of 354

 Authority of Barangay Captain to carry
or possession of a
firearm
Class B weapon,
the former violation The authority of a Barangay Captain to carry his
shall be absorbed firearm outside his residence was rooted in the
by the latter authority given to him by Local Government Code
Penalty for the (LGC), which states that “in the performance of
crime his peace and order functions, the punong
P + inherent in the
+ barangay shall be entitled to possess and carry
crime
aggravating the necessary firearms within his territorial
circumstance jurisdiction…” If the Barangay Captain is within
Prision Mayor his barangay, he cannot be separated from his
P + used in crime (the penalty for duty as a punong barangay – to maintain peace
with a lower penalty illegal possession of and order. (Artillero v. Casimiro, G.R. No. 190569,
firearms) 2012)
Penalty for crime
P + used in crime + Ownership of the firearm is not an essential
with same penalty Prision Mayor element
minimum
The petitioner was indicted of the crime of illegal
Penalty for the
possession of firearms, as defined and penalized
crime +
by P.D. No. 1866, as amended by R.A. No. 8294.
Penalty for illegal
The elements for the prosecution of which crime
P + not used in the possession of
are: (1) the existence of subject firearm; and (2)
crime firearms (the
the fact that the accused who possessed or
penalty would be
owned the same does not have the
separate and
corresponding license for it.
distinct)
P + furtherance of, The crime of P is Verily, ownership is not an essential element of
incident to, or in absorbed. the crime of illegal possession of firearms. What
connection with is merely required is either actual or constructive
the crime of possession coupled with animus possidendi or
rebellion, or intent to possess. (Mendoza v. People, G.R. No.
insurrection, 234196, 2018)
sedition, attempted
coup d’etat. What needs to be established for illegal
possession of firearms
III. Other relevant rules
To sustain convictions for illegal possession of
Use of an imitation firearm (Sec. 35)
firearms, the prosecution must show that:
An imitation firearm used in the commission of
1. the firearm exists; and,
a crime shall be considered a real firearm as
defined in this Act and the person who 2. the accused had no corresponding license
committed the crime shall be punished in for it. (De Guzman y Aguilar v People, G.R.
accordance with this Act. No. 240475, 2019)
However, injuries caused on the occasion of the ————- end of topic ————-
conduct of competitions, sports, games, or any
recreation activities involving imitation firearms
shall not be punishable under this Act.

Page 271 of 354

 TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
J. ANTI-HAZING ACT OF 2018 RA 8049, AS
AMENDED BY RA 11053
1. Definition of terms (Sec. 2)
ANTI-HAZING ACT OF 2018 (RA
8049, ASAMENDED BY RA 11053)
I. Definition of terms
Hazing
1. Any act that results in physical or
psychological suffering, harm, or injury;

2. Prohibition on hazing (Sec. 3) 2. Inflicted on a recruit, neophyte, applicant, or

member as part of an initiation rite or
3. Regulation of school-based initiation
practice made as a prerequisite for
rites (Sec. 4, RA 11053)
admission or a requirement for continuing
4. Persons liable membership in a fraternity, sorority, or
organization;
5. Other relevant rules
3. Including, but not limited to, paddling,
J. whipping, beating, branding, forced
calisthenics, exposure to the weather, forced
consumption of any food, liquor, beverage,
drug or other substance, or any other brutal
treatment or forced physical activity which
is likely to adversely affect the physical and
psychological health of such recruit,
neophyte, applicant, or member; and,

4. Additionally, hazing includes any activity,

intentionally made or otherwise, by one
person alone or acting with others, that
tends to humiliate or embarrass, degrade,
abuse, or endanger, by requiring a recruit,
neophyte, applicant, or member to do
menial, silly, or foolish tasks. (Sec. 2)

Organization

It is an organized body of people which includes,

but is not limited to, any club, association, group,
fraternity, and sorority. This term shall include
the Armed Forces of the Philippines (AFP), the
Philippine National Police (PNP), the Philippine
Military Academy (PMA), the Philippine National
Police Academy (PNPA), and other similar
uniformed service-learning institutions. (Sec. 2)

Page 272 of 354

 Initiation or initiation rites
It refers to ceremonies, practices, rituals, or other
acts, whether formal or informal, that a person
must perform or take part in order to be
accepted into a fraternity, sorority, or
organization as a full-fledged member.
It includes ceremonies, practices, rituals, and
other acts in all stages of membership in a
fraternity, sorority, or organization. (Sec. 2)
II. Prohibition on hazing
All forms of hazing shall be prohibited in
fraternities, sororities, and organizations in
schools, including citizens' military training and
citizens' army training, including not school-
based such as community-based and other
similar organizations.
HOWEVER, the following shall not be
considered hazing:
1. Tests, trainings, practices and procedures
employed for prospective regular members
of the Armed Forces of the Philippines (AFP)
and Philippine National Police (PNP), as
approved by the Secretary of National
Defense and the National Police
Commission duly recommended by the
Chief of Staff of AFP and the Director
General of PNP;
2. Similar procedures and practices approved
by the respective heads of other uniformed
learning institutions as to their prospective
members; and,
3. Any customary athletic events or other
similar contests and competitions, or any
activity or conduct that furthers a legal and
legitimate objective, subject to prior
submission of a medical clearance or
certificate.
No hazing shall be made a requirement for
employment in any business or corporation. (Sec.
3)
III.
Regulation of school-based initiation
rites
School-based initiation rites do not constitute
hazing provided that –
1. A written application to conduct initiation
rites shall be made to the proper authorities
of the school not later than seven (7) days
prior to the conduct of initiation;
2. The written application must indicate:
a. Place and date of the initiation rites;
b. Names of the recruits, neophytes or
applicants to be initiated;
c. Manner by which they will conduct the
initiation rites; and,
d. Names of the incumbent officers of
the fraternity, sorority, or organization
and any person or persons who will
take charge in the conduct of the
initiation rites.
The application shall be under oath with
a declaration that it has been posted in
the official school bulletin board, the
bulletin board of the office of the
fraternity, sorority, or organization, AND
two (2) other conspicuous places in the
school or in the premises of the
organization.
The application shall be posted from the
time of submission of the written notice
to the school authorities or head of
organization and shall only be removed
from its posting three (3) days after the
conduct of the initiation rites;
3. The initiation rites shall not last more than
three (3) days; and,
4. There are at least two (2) representatives of
the school present during the initiation.
School officials shall have the authority to
imposeafter due notice and
summary hearing,
Page 273 of 354
disciplinary sanctions, in accordance with the
school's guidelines and regulations on the matter.
All members of the fraternity, sorority, or
organization, who participated in the
unauthorized initiation rites, even if no hazing was
conducted, shall also be punished accordingly.
(Sec. 4, RA 11053)
IV. Persons liable
Liable as PRINCIPALS
a. All persons who actually planned OR
participated in the conduct of the hazing;
b. All incumbent and former officers,
nonresident members, or alumni of the
fraternity, sorority or organization who are
actually present during the hazing;
c. The adviser of the fraternity, sorority or
organization who is –
1. Present when the acts constituting the
hazing were committed; and
2. Failed to take action to prevent the
same; or,
3. Failed to promptly report the same to
the law enforcement authorities, if
such adviser or adviser or advisers can
do so without peril to their person or
their family.
d. Officers or members who knowingly
cooperated in carrying out the hazing by
inducing the victim to be present thereat;
e. Members who are present during the
hazing when they are intoxicated or
under the influence of alcohol or illegal
drugs;
f. Any person who shall intimidate,
threaten, force, or employ, or administer
any form of vexation against another
person for the purpose of recruitmentin
joining or promoting a particular
fraternity, sorority, or organization.
The persistent and repeated proposal or
invitation made to a person who had
twice refused to participate or join the
proposed fraternity, sorority, or
organization, shall be prima facie
evidence of vexation.
h. Owner or lessee of the place where hazingis
conducted, when he has actual knowledgeof
the hazing but failed to take action to
prevent the same, OR failed to promptly
report the same if they can do so without
peril to their person or their family;
i. Parents if held in the home of one of the
officers or members of the fraternity, group,
or organization, when they have actual
knowledge the hazing conducted but failed
to take any action to prevent the same OR
failed to promptly report the same if they
can do so without peril to their person or
their family.
The presence of any person, even if such person
is not a member of the fraternity, sorority, or
organization, during the hazing is prima facie
evidence of participation therein as a principal,
unless such person or persons prevented the
commission of the acts punishable, or promptly
reported the same to the law enforcement
authorities if they can do so without peril, to their
person or their family.
All forms of hazing shall be prohibited in
fraternities, sororities, and organizations in
schools, including citizens' military training and
citizens' army training, including not school-
based such as community-based and other
similar organizations.
Liable as ACCOMPLICE
School authorities, barangay, municipal or city
officials shall be held liable as accomplice if:
a. They have consented to the hazing; or
b. Have actual knowledge, but failed to take
any action to prevent the same; or,
Page 274 of 354
 c. Failed to promptly report the same if they
can do so without peril to their person or
theirfamily.
V. Other relevant rules
Recognizing the malum prohibitum
characteristic of hazing, the law provides that
any person charged with the said crime shall not
be entitled to the mitigating circumstance that
there was no intention to commit so grave a
wrong. Also,the framers of the law intended that
the consentof the victim shall not be a defense
in hazing. (Dungo v. People, G.R. No. 209464,
2015)
————- end of topic ————-
TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
K. COMPREHENSIVE DANGEROUS DRUGSACT
OF 2000 (RA 9165, AS AMENDED BY RA10640)
1. Definition of terms (Sec. 3)
2. Punishable acts
3. Chain of custody (Sec. 21)
4. Plea-bargaining (Sec. 23)
5. Other relevant rules
K.
COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002 (RA 9165, AS AMENDED BY
RA 10640)
I. Definition of terms
Den, dive or resort
It is a place where any dangerous drug and/or
controlled precursor and essential chemical is
administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.
Drug syndicate
It refers to any organized group of two (2) or more
persons forming or joining together with the
intention of committing any offense prescribed
under this Act.
Financier
It refers to any person who pays for, raises or
supplies money for, or underwrites any of the
illegal activities prescribed under this Act.
Protector/coddler
It refers to any person who knowingly and willfully
consents to the unlawful acts provided for in this
Act and uses his/her influence, power or
position in shielding, harboring, screening or
facilitating the escape of any person he/she
knows, or has reasonable grounds to believe on
or suspects, has violated the provisions of this
Act in order to prevent the arrest, prosecution
and conviction of the violator.
II. Punishable acts
a. Importation of dangerous drugs and/or
controlled precursors and essential
chemicals, regardless of quantity or purity
involved. The maximum penalty shall be
imposed when:
• Done through the use of a diplomatic
passport, diplomatic facilities, or any
other means involving an offenders'
official status intended to facilitate
unlawful entry; and
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 • Acting as organizer, manager, or
financier. (Sec. 4)
b. Sale, trading, administration,
dispensation, delivery, distribution and
transportation of dangerous drugs and/or
controlled precursors and essential
chemicals, including any and all species of
opium poppy regardless of the quantity and
purity involved. The maximum penalty shall
be imposed when:
 It transpires within one hundred (100)
meters from the school.
 Using minors or mentally incapacitated
individuals as runners, couriers and
messengers, or in any other capacity.
 The victim of the offense is a minor or a
mentally incapacitated individual, or
should a dangerous drug and/or a
controlled precursor and essential
chemical involved in any offense herein
provided be the proximate cause of death
of a victim.
 Acting as organizer, manager, or
financier. (Sec. 5)
Illegal sale
In order to sustain conviction for selling
prohibited drugs, the element of sale must be
unequivocally established. Also, what the law
proscribes is not only the act of selling but also,
albeit not limited to, the act of delivering. The
commission of the offense of illegal sale of
marijuana required merely the consummation of
the sellingtransaction. What is important is that
the poseur- buyer received the marijuana from
the accused. (People v. Ponferada, G.R. NO.
101004, 1993)
Elements of illegal sale
1. Identity of the buyer and the seller, the object
of the sale and the consideration;
2. Delivery of the thing sold and the payment
therefor. (People of the Philippines v. Teofilo
Honrado and Romulo Honrado, G.R. No.
182197, 2012)
Delivery is any act of knowingly passinga
dangerous drug to another, personally or
otherwise, and by any means, with or
without consideration.
c. Maintenance of a den, dive or resort. The
maximum penalty shall be imposed when:
• Any dangerous drug is administered,
delivered or sold to a minor who is
allowed to use the same in such a
place.
• Acting as organizer, manager, or
financier. (Sec. 6)
d. Being an employee of a den, dive or resort,
who is aware of the nature of the place as
such. (Sec. 7)
• Any person who, not being included in
the provisions of the next preceding
paragraph, is aware of the nature of the
place as such and shall knowingly visit
the same.
e. Manufacture of dangerous drugs and/or
controlled precursors and essential
chemicals (Sec. 8)
The presence of any controlled precursor
and essential chemical or laboratory
equipment in the clandestine laboratory is a
prima facie proof of manufacture of any
dangerous drug. It shall be considered an
aggravating circumstance if the clandestine
laboratory is undertaken or established
under the following circumstances:
1. Any phase of the manufacturing
process was conducted in the
presence or with the help of minor/s;
2. Any phase or manufacturing process
was established or undertaken within
one hundred (100) meters of a
residential, business, church or
school premises;
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 3. Any clandestine laboratory was
secured or protected with booby
traps;
4. Any clandestine laboratory was
concealed with legitimate business
operations; or
5. Any employment of a practitioner,
chemical engineer, public official or
foreigner.
The maximum penalty provided for under
this Section shall be imposed upon any
person, who organizes, manages or acts
as a "financier" of any of the illegal
activities prescribed in this Section.
f. Illegal chemical diversion of controlled
precursors and essential chemicals (Sec. 9)
g. Manufacture or delivery of equipment,
instrument, apparatus, and other
paraphernalia for dangerous drugs and/or
controlled precursors and essential
chemicals. The maximum penalty shall be
imposed when any person, who uses a
minor or a mentally incapacitated individual
to deliver such equipment, instrument,
apparatus and other paraphernalia for
dangerous drugs. (Sec. 10)
h. Possession of dangerous drugs, regardless
of purity of the quantities laid down in the act.
(Sec. 11)
If person who has tested positive is also
found in possession of dangerous drugs,
he should be prosecuted under possession.
Hence, USE is subsumed byPOSSESSION.
Elements of possession
1. the accused is in possession of an
item or object, which is identified to
be prohibited or regulated drug;
2. such possession is not authorized
by law; and
3.
the accused freely and consciously
possessed the drug. (People v.
Trinidad, G.R. No. 199898, 2014)
Jurisprudence is consistent in that mere
possession of a prohibited drug
constitutes prima facie evidence of
knowledge or animus possidendi
sufficient to convict an accused in the
absence of any satisfactory explanation.
Illegal possession of regulated drugs is
mala prohibita, and, as such, criminal
intent is not an essential element.
However, the prosecution must prove
that the accused had the intent to
possess (animus posidendi) the drugs.
Possession, under the law, includes not
only actual possession, but also
constructive possession. Actual
possession exists when the drug is in the
immediate possession or control of the
accused. On the other hand, constructive
possession exists when the drug is under
the dominion and control of the accused
or when he has the right to exercise
dominion and control over the place
where it is found. Exclusive possession
or control is not necessary. (People v.
Trinidad, G.R. No. 199898, 2014)
i. Possession of equipment, instrument,
apparatus and other paraphernalia for fit or
intended for smoking, consuming,
administering, injecting, ingesting, or
introducing any dangerous drug into the
body (Sec. 12)
j. Possession of dangerous drugs during
parties, social gatherings or meetings, or in
the proximate company of at least two (2)
persons, regardless of quantity and purity,
shall suffer maximum penalty (Sec. 13)
k. Possession of equipment, instrument,
apparatus and other paraphernalia for fit or
intended for smoking, consuming,
administering, injecting, ingesting, or
introducing any dangerous drug into the
body, during parties, social gatherings or
meetings, or in the proximate company of at
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 least two (2) persons shall suffer maximum
penalty (Sec. 14)
l. Use of Dangerous Drugs, after being found
positive via a confirmatory test. (Sec. 15)
As discussed under Sec. 11, this provision is
not applicable if the person tested is also
found to have in his/her possession such
quantity of any dangerous drug provided
under Sec. 11.
m. Cultivation or culture of plants classified as
dangerous drugs or are sources thereof
(Sec. 16)
n. Failure to maintain or keep original records
of transactions on Dangerous Drugs and/or
controlled precursors and essential
chemicals (Sec. 17)
o. Unnecessary prescription of dangerous
drugs – It is the act of prescribing any
dangerous drug to any person whose
physical or physiological condition does not
require the use or in the dosage prescribed
therein (Sec. 18)
p. Unlawful prescription of 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 (Sec. 19)
III. Chain of custody
It refers to the duly recorded authorized
movements and custody of seized drugs or
controlled chemicals or plant sources of
dangerous drugs or laboratory equipment of each
stage, from the time of seizure/confiscation to
receipt in the forensic laboratory to safekeeping
to presentation in court for destruction. Such
record of movements and custody of seized
item shall include the identity and signature of
the person who held temporary custody of the
seized item, the date and time when such
transfer of custody were made in the course of
safekeeping and use in court as evidence, and
the final disposition. (Section 1(b) of Dangerous
Drugs Board Regulation No. 1, Series of 2002)
Rules on chain of custody
a. At the place where the search warrant is
served, or nearest police station, or nearest
office of the apprehending officer/team,
there must be the inventory and photographs
done in the presence of the accused, or
his/her representative or counsel with:
1. An elected public official; and
2. Representative of the
NationalProsecution Service or the
media.
b. Within 24 hours from seizure, items must
be submitted to the PDEA Forensic
laboratory for examination.
c. Immediately upon receipt of the subject
item/s, a certification under oath of the
forensic laboratory examiner shall be made.
d. Within 72 hours from filing of criminal case,
an ocular inspection shall be made.
e. Within 24 hours from filing of ocular, the
drugs seized must be destroyed by the
PDEA in the presence of the accused or the
person/s from whom such items were
confiscated and/or seized, or his/her
representative or counsel, a representative
from the media and the DOJ, civil society
groups and any elected public official.
f. A representative sample in min. quantity
shall be retained. Those that belong to lawful
commerce shall be donated or recycled for
legitimate purposes.
g. Sworn certification of destruction shall be
issued by the Board and submitted to the
court with jurisdiction of the case, along
withthe sample.
h. Accused or representative are allowed to
observe proceedings. If accused has no
counsel within 72hrs from written notice
prior to destruction, court shall appoint a
counselfrom PAO.
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 i. Within 24 hours from receipt of judgment –
trial prosecutor shall inform the Board and
request for leave to turn over the samples to
PDEA for destruction.
Non-compliance with these requirements under
justifiable grounds, as long as the integrity and
the evidentiary value of the seized items are
properly preserved by the apprehending
officer/team, shall not render void and invalid
such seizures and custody over said items. (Sec.
21)
Considered violations of chain of custody rule
a. Accused was not present during the
photography of the seized items (People v.
Cordova, 231130, 2018)
b. A representative of either the National
Prosecution Service or the media was
absent during the photography and
inventory of the seized items (People v.
Cordova, G.R. No. 231130, 2018)
c. Three days had passed since the items were
seized from the accused (People v. Cordova,
G.R. No. 231130, 2018)
d. Two separate inventories were conducted
which were attended by different witnesses
(People v. Cabrellos, G.R. No. 229826, 2018)
e. The drugs were turned over to the crime
laboratory 10 days after seizure (People v.
Ching, G.R. No. 223556, 2017)
f. The drugs were turned over immediately to
the crime laboratory, without it being first
delivered to an investigating officer (People
v. Calibod, G.R. No. 230230, 2017)
g. The drugs were not directly turned over to
the forensic chemist. Instead, it was only
left within the premises of the crime
laboratory (People v. Calibod, G.R. No.
230230, 2017)
h. There were discrepancies in the labels of the
seized items (People v. Alvaro, G.R. No.
225596, 2018)
i.
There was a discrepancy in the weight of the
seized items (People v. Ramos, G.R. No.
233744, 2018)
j. There was a discrepancy in the number of
the sachets shown in the photographs and
the number of sachets for which the
accused is being charged of illegally
possessing (People v. Lumaya, G.R. No.
231983, 2018)
k. No physical inventory was conducted for the
items taken (People v. Mercader, G.R. No.
233480, 2018)
l. No photographs of the seized items were
taken (People v. Mercader, G.R. No. 233480,
2018)
Links that the prosecution must endeavor to
establish with respect to the chain of custodyin
a buy-bust operation
The following links must be established:
a. Seizure and marking of the illegal drug
recovered from the accused by the
apprehending officer;
b. Turnover of the illegal drug seized by the
apprehending officer to the investigating
officer;
c. Turn over by the investigating officer of the
illegal drug to the forensic chemist for
laboratory examination; and,
d. Turnover and submission of the marked
illegal drug seized by the forensic
chemist to the court. (People v.
Watamama, G.R. No. 18871, 2014)
IV. Plea bargaining
While Section 23 of the Dangerous Drugs Act
provides that “any person charged under any
provision of this Act regardless of the imposable
penalty shall not be allowed to avail of the
provision on plea-bargaining,” this provision has
been stricken down as unconstitutional in
Estipona v. Hon. Lobrigo (G.R. 226679, 2017) for
being contrary to the rule-making authority of the
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Supreme Court under Section 5 (5), Article VIII of TOPIC OUTLINE UNDER THE SYLLABUS:
the Constitution.
III. SPECIAL PENAL LAWS
V. Other relevant rules
While testimony about a perfect chain is not L. CODE OF CONDUCT AND ETHICAL
always the standard because it is almost always STANDARDS FOR PUBLIC OFFICIALS AND
impossible to obtain, an unbroken chain of EMPLOYEES (RA 6713)
custody becomes indispensable and essential
when the item of real evidence is not distinctive 1. Definition of terms (Sec. 3)
and is not readily identifiable, or when its
condition at the time of testing or trialis critical, 2. Norms of conduct of public officials
or when a witness has failed to observe its andemployees (Sec. 4)
uniqueness. The same standard likewise
obtains in case the evidence is susceptible to 3. Duties of public officials and
alteration, tampering, contamination and even employees(Sec. 5)
substitution and exchange. In other words, the
exhibit’s level of susceptibility to fungibility, 4. Prohibited acts (Sec. 7)
alteration or tampering
– without regard to whether the same is 5. Statements and disclosure (Sec. 8)
advertentor otherwise not – dictates the level of
strictness in the application of the chain of 6. Divestment (Sec. 9)
custody rule. (People v. Climaco, G.R. No.
199403, 2012) 7. Other relevant rules

Non-compliance with the procedural

requirements under RA 9165 and its IRR relative
to the custody, photographing, and drug-testing of
the apprehended persons, is not a serious flaw
that can render void the seizures and custody of
drugs in a buy-bust operation (People v.
Cardenas, G.R. No. 190342, 2012)

A buy-bust operation is valid despite the absence

of a prior surveillance. Prior surveillance is not
required, especially when the team is
accompanied to the scene by the informant
(People of the Philippines v. Camilo D. Nicart and
Manuel T. Capanpan, G.R. No. 182059, 2012)

————- end of topic ————-

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L. CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC OFFICIALS AND
EMPLOYEES (RA 6713)
I. Definition of terms
Government
It includes the National Government, the local
governments, and all other instrumentalities,
agencies, or branches of the Republic of the
Philippines, including government-owned or
controlled corporations, and their subsidiaries.

Public Officials
It includes elective and appointive officials and
employees, permanent or temporary, whether in
the career or non-career service, including
military and police personnel, whether or not they
receive compensation, regardless of amount.

Gift
It refers to a thing or a right to dispose of
gratuitously, or any act or liberality, in favor of
another who accepts it, and shall include a
simulated sale or an ostensibly onerous
disposition thereof. It shall not include an
unsolicited gift of nominal or insignificant value
not given in anticipation of, or in exchange for, a
favor from a public official or employee.

Receiving any gift

It includes the act of accepting directly or
indirectly, a gift from a person other than a
member of his family or relative as defined in
this Act, even on the occasion of a family
celebrationor national festivity like Christmas, if
the value of the gift is neither nominal nor
insignificant, or thegift is given in anticipation of,
or in exchange for,a favor.

Loan
It covers both simple loan and commodatum as
well as guarantees, financing arrangements or
accommodations intended to ensure its approval.

Substantial stockholder
It means any person who owns, directly or
indirectly, shares of stock sufficient to elect a
director of a corporation. This term shall also
apply to the parties to a voting trust.

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Family of public officials or employees public officials and employees are under
It means their spouses and unmarried obligation to:
children under eighteen (18) years of age.

Person
It includes natural and juridical persons,
unless the context indicates otherwise.

Conflict of interest
It arises when a public official or employee
is a member of a board, an officer, or a
substantial stockholder of a private
corporation or owner or has a substantial
interest in a business, and the interest of
such corporation or business, or his rights
or duties therein, may be opposed to or
affected by the faithful performance of
officialduty.

Divestment
It is the transfer of title or disposal of
interest in property by voluntarily,
completely and actually depriving or
dispossessing oneself of his right or title
to it in favor of a person or persons other
thanhis spouse and relatives as defined in
this Act.

Relatives
It refers to any and all persons related to a
publicofficial or employee within the fourth
civil degree of consanguinity or affinity,
including bilas, inso and balae. (Sec. 3)

II. Norms of conduct of public officials

andemployees
Every public official and employee shall
observe the following as standards of
personal conduct in the discharge and
execution of official duties:
a. Commitment to public interest;
b. Professionalism;
c. Justness and sincerity;
d. Political neutrality;
e. Responsiveness to the public;
f. Nationalism and patriotism;
g. Commitment to democracy; and,
h. Simple living. (Sec. 4)

III. Duties of public officials and employees

Page 282 of 354
In the performance of their duties, all
a. Act promptly on letters and requests. - All
public officials and employees shall, within
fifteen (15) working days from receipt
thereof, respond to letters, telegrams or
other means of communications sent by
thepublic. The reply must contain the action
taken on the request.
b. Submit annual performance reports. - All
heads or other responsible officers of
officesand agencies of the government and
of government-owned or controlled
corporations shall, within forty-five (45)
working days from the end of the year,
render a performance report of the agency
or office or corporation concerned. Such
report shall be open and available to the
public within regular office hours.
c. Process documents and papers
expeditiously. - All official papers and
documents must be processed and
completed within a reasonable time from
thepreparation thereof and must contain, as
far as practicable, not more than three (3)
signatories therein. In the absence of duly
authorized signatories, the official next-in-
rank or officer in charge shall sign for and in
their behalf.
d. Act immediately on the public's personal
transactions. - All public officials and
employees must attend to anyone who
wants to avail himself of the services of
their offices and must, at all times, act
promptly and expeditiously.
e. Make documents accessible to the public. -
All public documents must be made
accessible to, and readily available for
inspection by, the public within reasonable
working hours. (Sec. 4)
IV. Prohibited acts
In addition to acts and omissions of public
officials and employees now prescribed in the
Constitution and existing laws, the following
shall constitute prohibited acts and transactions
of any public official and employee and are
hereby declared to be unlawful:
a. Financial and material interest – Public
officials and employees shall not, directly or
indirectly, have any financial or material
interest in any transaction requiring the
approval of their office.
b. Outside employment and other activities
related thereto – Public officials and
employees during their incumbency shall
not:
1. Own, control, manage or accept
employment as officer, employee,
consultant, counsel, broker, agent,
trustee or nominee in any private
enterprise regulated, supervised or
licensed by their office unless expressly
allowed by law;
2. 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
3. Recommend any person to any position
in a private enterprise which has a
regular or pending official transaction
with their office.
These prohibitions shall continue to apply
for a period of one (1) year after
resignation, retirement, or separation
from public office, except in the case of
subparagraph (b) (2) above, but the
professional concerned cannot practice
his profession in connection with any
matter before the office he used to be
with, in which case the one-year
prohibition shall likewise apply.
c. Disclosure and/or misuse of confidential
information – Public officials and
employees shall not use or divulge,
confidential or classified information
officially known to them by reason of their
office and not made available to the public,
either:
1. To further their private interests, or give
undue advantage to anyone; or
2. To prejudice the public interest.
d. Solicitation or acceptance of gifts – Public
officials and employees shall not solicit or
accept, directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of
monetary value from any person in the
course of their official duties or in
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connection

Page 284 of 354

 with any operation being regulated by, or any
transaction which may be affected by the
functions of their office.
As to gifts or grants from foreign
governments, the Congress consents to:
1. The acceptance and retention by a
public official or employee of a gift of
nominal value tendered and received
as a souvenir or mark of courtesy;
2. The acceptance by a public official or
employee of a gift in the nature of a
scholarship or fellowship grant or
medical treatment; or
3. The acceptance by a public official or
employee of travel grants or expenses
for travel taking place entirely outside
the Philippine (such as allowances,
transportation, food, and lodging) of
more than nominal value if such
acceptance is appropriate or
consistent with the interests of the
Philippines, and permitted by the head
of office, branch or agency to which he
belongs.
V. Statements and disclosure
Public officials and employees have an obligation
to accomplish and submit declarations under
oathof, and the public has the right to know, their
assets, liabilities, net worth and financial and
business interests including those of their
spouses and of unmarried children under
eighteen (18) years of age living in their
households.
a. Statements of Assets and Liabilities and
Financial Disclosure
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 (18) years
of age living in their households.
Contents
a. real property, its improvements, acquisition
costs, assessed value and current fair
market value;
b. personal property and acquisition cost;
c. all other assets such as investments, cash
on hand or in banks, stocks, bonds, and the
like;
d. liabilities, and;
e. all business interests and financial
connections.
When to file
a. within thirty (30) days after assumption
ofoffice;
b. on or before April 30, of every year
thereafter; and
c. within thirty (30) days after separation
fromthe service.
Additional requirements
All public officials and employees required under
this section to file the aforestated documents
shall also execute, within thirty (30) days from the
date of their assumption of office, the necessary
authority in favor of the Ombudsman to obtain
from all appropriate government agencies,
including the Bureau of Internal Revenue, such
documents as may show their assets, liabilities,
net worth, and also their business interests and
financial connections in previous years, including,
if possible, the year when they first assumed any
office in the Government.
Husband and wife who are both public officials
or employees may file the required statements
jointly or separately.
Who shall file
a. Constitutional and national elective officials,
with the national office of the Ombudsman;
b. Senators and Congressmen, with the
Secretaries of the Senate and the House of
Representatives, respectively; Justices, with
the Clerk of Court of the Supreme Court;
Judges, with the Court Administrator; and all
national executive officials with the Office
ofthe President.
Page 285 of 354
 c. Regional and local officials and employees,
with the Deputy Ombudsman in their
respective regions;
d. Officers of the armed forces from the rank
of colonel or naval captain, with the Office
of the President, and those below said
ranks, with the Deputy Ombudsman in their
respective regions; and
e. All other public officials and employees,
defined in Republic Act No. 3019, as
amended, with the Civil Service
Commission.
b. Identification and disclosure of relatives
It shall be the duty of every public official or
employee to identify and disclose, to the best of
his knowledge and information, his relatives in the
Government in the form, manner and frequency
prescribed by the Civil Service Commission.
c. Accessibility of documents
a. Any and all statements filed under this Act,
shall be made available for inspection at
reasonable hours.
b. Such statements shall be made available for
copying or reproduction after ten (10)
working days from the time they are filed as
required by law.
c. Any person requesting a copy of a statement
shall be required to pay a reasonable fee to
cover the cost of reproduction and mailing
of such statement, as well as the cost of
certification.
d. Any statement filed under this Act shall be
available to the public for a period of ten (10)
years after receipt of the statement. After
such period, the statement may be
destroyed unless needed in an ongoing
investigation.
d. Prohibited acts
It shall be unlawful for any person to obtain or use
any statement filed under this Act for:
a. any purpose contrary to morals or public
policy; or
b.
any commercial purpose other than by news
and communications media for
dissemination to the general public. (Sec. 8)
VI. Divestment
A public official or employee shall avoid
conflictsof interest at all times. When a conflict
of interest arises, he shall resign from his
position in any private business enterprise within
thirty (30) days from his assumption of office
and/or divest himself of his shareholdings or
interest within sixty (60) days from such
assumption.
The same rule shall apply where the public
official or employee is a partner in a partnership.
The requirement of divestment shall not apply to
those who serve the Government in an honorary
capacity nor to laborers and casual or
temporary workers. (Sec. 9)
VII. Other relevant rules
To warrant dismissal from the service, the
misconduct must be grave, serious, important,
weighty, momentous, and not trifling. The
misconduct must imply wrongful intention and
not a mere error of judgment. Corruption as an
element of grave misconduct consists in the act
of an official or employee who unlawfully or
wrongfully uses her station or character to
procure some benefit for herself or for another,
at the expense of the rights of others.
Nonetheless, "a person charged with grave
misconduct may be held liable for simple
misconduct if the misconduct does not involve
any of the additional elements to qualify the
misconduct as grave. Grave misconduct
necessarily includes the lesseroffense of simple
misconduct." (GSIS v. Mayordomo, G.R. No.
191218, 2011)
A gift is covered by the prohibition, so long as it
has more than nominal monetary value. It is not
necessary for the solicitation to be for a fund-
raising project. The mere fact that the gift
received was unsolicited cannot, by itself,
suffice to exonerate the recipient. It would only
suffice to exonerate the recipient if the
unsolicited gift is
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also nominal in value and not given in anticipation
of, or in exchange for, a favor. In such a situation,
the gift would fall outside the purview of RA 6713,
which expressly provides that the term "gift" does
"not include an unsolicited gift of nominal or
insignificant value[;] not given in anticipation of, or
in exchange for, a favor from a public official or
employee. (Mabini v. Raga, A.M. No. P-06-2150,
2006)
Cases
Dichaves v. Office of the Ombudsman, G.R. No.
206310-11, 2016
On August 26, 1999, a person opened a Savings
Account with the Equitable Banking Corporation
and Equitable-PCI Bank, under a fictitious name
“Jose Velarde”. Aside from these, a Current
Account and Investment Management Trust
Account were opened as well. On February 4,
2000, a P500 million was withdrawn from the
Savings Account by former President X. Y claims
ownership of the said accounts, asserting that he
used the alias “Jose Velarde” for security
purposes. In the first complaint, Y was accused of
direct bribery, indirect bribery, corruption of public
officials, and violations of PD 46. In another
complaint, Y is accused of violating RA 6713, RA
3019 or the Anti-Graft and Corrupt Practices Act,
and plunder under RA 8080. On September 12,
2007, X was found guilty beyond reasonable
doubt of the crime of plunder. The
Sandiganbayan ruled that X was the real and
beneficial owner of the "Jose Velarde" account.
The Ombudsman commenced the preliminary
investigation in 2011, and found probable cause
to charge him with plunder in 2012. Y was
indicted for conspiring with the former President
in amassing ill-gotten wealth. Did the Office of the
Ombudsman gravely abuse its discretion in
finding probably cause against X to charge him of
plunder, by incorrectly considering pieces of
evidence allegedly not presented during the
preliminary investigation?
No. As a general rule, this Court does not interfere
with the Office of the Ombudsman's exercise of
its constitutional mandate. Both the Constitution
and Republic Act No. 6770 (The Ombudsman Act
of 1989) give the Ombudsman wide latitude to act
on criminal complaints against public officials
and government employees. The rule on non-
interference is based on the "respect for the
investigatory and prosecutory powers granted by
the Constitution to the Office of the Ombudsman.
As an independent constitutional body, it has the
sole power to determine whether there is
probably cause to warrant the filing of a criminal
case against an accused; this function is
executive in nature. Further, the public prosecutor
is not bound by the technical rules on evidence.
The executive finding of probable cause requires
only substantial evidence, not absolute certainty
of guilt. As the Office of the Ombudsman's
conclusion is based on a belief or an opinion, the
technical rules on evidence cannot be made to
apply to it. This Court finds no reason to violate
the policy of non-interference in the exercise of
the Ombudsman's constitutionally mandated
powers. The Ombudsman's ruling must be
respected.
Office of the Ombudsman v. Regalado, G.R.
208481-82, 2018
Respondent X is an immigration officer in the
Davao Office of the Bureau of Immigration
wherein complainant Y was requesting for an
accreditation for admission of foreign student’s
in her preparatory school. X claims that a
processing fee of Php 50,000 was necessary plus
honorariums for the accreditors since they will
come from outside Mindanao. X was then found
guilty by the lower courts for violating Section 7(d)
of R.A. 6713 (CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC
OFFICIALS AND EMPLOYEES) for solicitations of
any gift, gratuity, loan or anything of monetary
value since it was discovered that the actual
processing fee was only Php 10,000 pesos no
more no less. The excess amount being asked for
was admittedly for red tape or bribe purposes.
The court of appeals however, instead of
dismissing her from service, applied a mitigating
circumstances of her “good work performance”
and being a first time offender which they
rendered a judgment of only 1 year suspension
without pay. Is X guilty for violating Article 7(d)
of
R.A. 6713 and is it possible to lower the penalty
through a mitigating circumstance?
Page 287 of 354
 Yes she is guilty of violating such law
since she admitted that such acts of
bribery and solicitation of money were
common and accepted practice in the
immigration department. It was a clear
and overt violation of the law provided. It
was not possible to lower the penalty by
a mitigating circumstance of “good work
performance” and as a first time
offender because of the absence that
such penalty was subject to a mitigating
circumstance and the law is clear in
providing the penalty of dismissal even
on the first offense.
————- end of topic ————-
TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
M. ANTI-GRAFT AND CORRUPT PRACTICES
ACT (RA 3019, AS AMENDED BY RA 3047, PD
677, PD 1288, BP 195 AND RA 10910)
1. Definition of terms (Sec. 2)
2. Punishable acts (Sec. 3)
3. Prohibitions on individuals (Secs. 4 to 6)
4. Statement of assets and liabilities (Sec.
7)
5. Dismissal due to unexplained wealth
(Sec. 8)
6. Other relevant rules
M. ANTI-GRAFT AND CORRUPT PRACTICES
ACT (RA 3019, AS AMENDED BY RA 3047,PD
677, PD 1288, BP 195 AND RA 10910)
I. Definition of terms
Government
It includes the national government, the local
governments, the government-owned and
government-controlled corporations, and all
other instrumentalities or agencies of the
Republic of the Philippines and their branches.
Public officer
It includes elective and appointive officials and
employees, permanent or temporary, whetherin
the classified or unclassified or exempt service
receiving compensation, even nominal, from the
government as defined in the preceding
subparagraph.
Receiving any gift
It includes the act of accepting directly or
indirectly a gift from a person other than a
member of the public officer's immediate family,
in behalf of himself or of any member of his
family or relative within the fourth civil degree,
either by consanguinity or affinity, even on the
occasion of a family celebration or national
festivity like Christmas, if the value of the gift is
under the circumstances manifestly excessive.
(Sec. 2)
II. Punishable acts
In addition to acts or omissions of public
officers already penalized by existing law, the
following shall constitute corrupt practices of
any public officer and are hereby declared to be
unlawful:
a. 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.
Note: The persuasion need not be successful.
Page 288 of 354
 b. Directly or indirectly requesting or receiving
any gift, present, share, percentage, orbenefit,
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.
Notes:
 Sec. 3(b) of R.A. No. 3019, refers to a
public officer whose official intervention
is required by law in a contract or
transaction (Jaravata v. Sandiganbayan
G.R. L-56170, 1984)
 Lack of “demand” is immaterial since
theprovision uses the word “or” between
requesting and receiving.
 There must be a clear intention on the
part of the public officer to take the gift
so offered and consider it as his or her
own property from then on. Mere
physical receipt is not sufficient that the
crime has been committed. (Peligrino v.
People G.R. 136266, 2001)
 Conspiracy by silence and inaction
occurs when the accused are all heads of
their respective offices that perform
interdependent functions in the
processing of cash advances and, exhibit
an attitude of “buck- passing” [the
practice of shifting the responsibility for
something to someone else] in the face
of the irregularities (Jaca v. People, G.R.
No. 166967, 2013)
c. 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
helpgiven or to be given, without prejudice to
Section thirteen of this Act.
d. 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 yearafter its termination.
e.
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.
Notes:
 A violation of this provision may be
committed either by dolo, as when the
accused acted with evident bad faith or
manifest partiality, or by culpa as when the
accused acted with gross inexcusable
negligence (Jaca v. People, G.R. No. 166967,
2013)
 Manifest Partiality – synonymous with "bias"
(Fonacier v. Sandiganbayan, G.R. No. L-
50691, 1994)
 Bad faith – imputes a dishonest purpose or
some moral obliquity and conscious doing
ofa wrong; it partakes of the nature of fraud
(Fonacier v. Sandiganbayan, G.R. No. L-
50691, 1994)
 Gross negligence – as negligence
characterized by the want of even slight care,
acting or omitting to act in a situation where
there is a duty to act, not inadvertently but
willfully and intentionally with a conscious
indifference to consequences in so far as
other persons may be affected (Fonacier v.
Sandiganbayan, G.R. No. L-50691, 1994)
 The inclusion of all the modes of violating
Section 3(e) of R.A. 3019 in the charge sheet
is not equivalent to charging the accused with
3 acts. The use of the three phrases
"manifest partiality," "evident bad faith" and
"gross inexcusable negligence" in the same
information does not mean that the
indictment charges three distinct offenses
but only implies that the offense charged
may have been committed through any of
the modes provided by the law (Fonacier v.
Sandiganbayan, G.R. No. L-50691, 1994)
Page 289 of 354
 There is no attempted or frustrated stage of
the crime defined in Sec. 3(e) of R.A. No.
3019.
f. Neglecting or refusing, after due demand or
request, without sufficient justification, to
act within a 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.
g. Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same,
whether or not the public officer profited or
will profit thereby.
Notes:
 Determining whether the contract was
manifestly and grossly disadvantageous
is not merely based on consideration of
the pecuniary amount involved. (Marcos
v. Sandiganbayan, G.R. No. 126995,
1998)
 This partakes of the nature of malum
prohibitum (Go v. Sandiganbayan, G.R.
No. 172602, 2007)
 Section 3(g) of RA 3019 is for PUBLIC
OFFICERS ONLY. The liability of private
individuals who participated in the
transaction must be established under
another MORE appropriate provision,
which is Section 4(b) of RA 3019, for
knowingly inducing or causing the public
officers to commit crimes punished
under Section 3(g) where criminal intent
must necessarily be proved. This is in
clear recognition that Section 3(g), a
malum prohibitum, specifically applies
to public officers only (Go v.
Sandiganbayan, G.R.No. 172602, 2007)
 Where the government was amply
protected in the subject transaction, and
consequently the contract was not
grossly and manifestly disadvantageous
to the government, it was held that one of
the elements of the crime, i.e., that the
contract or transaction is grossly and
manifestly disadvantageous to the
government, is conspicuously missing
(Froilan v. Sandiganbayan, G.R. No.
115221, 2000)
 There is no need to prove the validity of
the contract or transaction. (Luciano v.
Estrella, G.R. No. L- 31622, 1970)
h. Directly or indirectly having financing or
pecuniary interest in any business, contract or
transaction in connection with which he
intervenes or takes part in his official capacity,
or in which he is prohibited by the Constitution
or by any law from having any interest.
Note: Actual intervention is required.
i. Directly or indirectly becoming interested, for
personal gain, or having a 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.
Interest for personal gain shall be presumed
against those public officers responsible for the
approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel
or group to which they belong.
j. Knowingly approving or granting any license,
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 so qualified or entitled.
k. Divulging valuable information of a
confidential character, acquired by his office
orby him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized
release date.
Page 290 of 354
III. Prohibitions on individuals
Prohibition on private individuals.
It shall be unlawful for any person having family
or close personal relation with any public
official to capitalize or exploit or take
advantage of such family or close personal
relation by directly or indirectly requesting or
receiving any present, gift or material or
pecuniary advantage from any other person
having some business, transaction, application,
request or contract with the government, in
whichsuch public official has to intervene.
Family relation shall include the spouse or
relatives by consanguinity or affinity in the third
civil degree.
Close personal relation shall include close
personal friendship, social and fraternal
connections, and professional employment all
giving rise to intimacy which assures free
accessto such public officer. (Sec. 4)
Prohibition on certain relatives.
It shall be unlawful for the spouse or for any
relative, by consanguinity or affinity, within the
third civil degree, of the President of the
Philippines, the Vice-President of the Philippines,
the President of the Senate, or the Speaker of the
House of Representatives, to intervene, directly
or indirectly, in any business, transaction,
contract or application with the Government.
This prohibition shall not apply to the following:
a. any person who prior to the assumption of
office of any of the above officials to whom
he is related, has been already dealing with
the Government along the same line of
business; nor,
b. to any transaction, contract or application
already existing or pending at the time of
such assumption of public office, nor to any
application filed by him the approval of
whichis not discretionary on the part of the
official or officials concerned but depends
upon
compliance with requisites provided by law,
or rules or regulations issued pursuant to
law, nor to any act lawfully performed in an
official capacity or in the exercise of a
profession (Sec. 5)
Prohibition on Members of Congress
It shall be unlawful hereafter for any Member of
the Congress during the term for which he has
been elected, 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 or adopted
by the Congress during the same term.
This also applies to any other public officer who
recommended the initiation in Congress of the
enactment or adoption of any law or resolution,
and acquires or receives any such interest during
his incumbency.
It shall likewise be unlawful for such member of
Congress or other public officer, who, having such
interest prior to the approval of such law or
resolution authored or recommended by him,
continues for thirty days after such approval to
retain such interest. (Sec. 6)
IV. Statement of assets and liabilities
What to file
A true detailed and sworn statement of assets and
liabilities, including a statement of the amounts
and sources of his income, the amounts of his
personal and family expenses and the amount of
income taxes paid for the next preceding
calendar year
Who shall file
Every public officer
When to file
a. after assuming office, and within the
monthof January of every other year
thereafter;
Page 291 of 354
b. upon the expiration of his term of office, or
upon his resignation or separation from
office;
c. public officers assuming office less than
two months before the end of the calendar
year, may file their statements in the
followingmonths of January.
To whom shall it be submitted
Public officers charged under this Act must first
undergo a pre-suspension hearing before being
suspended. A pre-suspension hearing is required
to determine the validity of the information.
However, an actual hearing is not necessary. All
that is required is that the accused be given an
opportunity to be heard. (Miguel v.
Sandiganbayan, G.R. 172035, 2012)
Prosecution under AMLA

a. In the office of the corresponding The prosecution of any offense or violation under
Department Head, or the AMLA shall proceed independently of any
proceeding relating to the unlawful activity.
b. in the case of a Head of Department or chief
(Section 6 (b), R.A. No. 10365 amending RA
of an independent office, with the Office of
9160, as amended).
the President, or
————- end of topic ————-
c. In the case of members of the Congress and
the officials and employees thereof, with
TOPIC OUTLINE UNDER THE SYLLABUS:
the Office of the Secretary of the
correspondingHouse (Sec. 7)
III. SPECIAL PENAL LAWS
V. Dismissal due to unexplained wealth
N. ANTI-PLUNDER ACT (RA 7080, AS
The following are prima facie evidence of and AMENDED BY RA 7659)
grounds for dismissal due to unexplained wealth
if any public official is found: 1. Definition of terms

a. To have acquired during his incumbency, an 2. Elements (Sec. 12)

amount of property and/or money
3. Prescription (Sec. 6)
manifestlyout of proportion to his income;
4. Other relevant rules
b. Properties in the name of the spouse and
dependents of such public official may be
taken into consideration; or

c. Bank deposits in the name of or manifestly

excessive expenditures incurred by the
public official or any of their dependents.
(Sec. 8)

VI. Other relevant rules

Prescription

20 years (Sec. 1, RA 10910)

Competent court

Sandiganbayan

Pre-suspension hearing

Page 292 of 354

N. ANTI-PLUNDER ACT (RA 7080, AS AMENDED
BY RA 7659)
I. Definition of terms
a. Ill-gotten wealth
It refers to any asset, property, business
enterprise or material possession of any person,
acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or
business associates by any combination or
series of the following means or similar
schemes:
1. Through misappropriation, conversion,
misuse, or malversation of public funds or
raids on the public treasury;
2. By receiving, directly or indirectly, any
commission, gift, share, percentage,
kickbacks or any other form of pecuniary
benefit from any person and/or entity in
connection with any government contract
or project or by reason of the office or
position of the public officer concerned;
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or instrumentalities
or government-owned or -controlled
corporations and their subsidiaries;
4. By obtaining, receiving or accepting directly
or indirectly any shares of stock, equity or
any other form of interest or participation
including promise of future employment in
any business enterprise or undertaking;
5. By establishing agricultural, industrial or
commercial monopolies or other
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interests; or
6. By taking undue advantage of official
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.
b. Combination
It refers to at least two (2) acts falling under
different categories of enumeration provided in
the definition of “ill-gotten wealth.”
Example: raids on the public treasury and
fraudulent conveyance of assets belonging to the
National Government (Estrada v. Sandiganbayan,
G.R. No. 148560, 2001)
c. Series
It refers to two (2) or more overt or criminal acts
falling under the same category of enumeration
found in the definition of “ill-gotten wealth.”
Example: Misappropriation, malversation and
raids on the public treasury, all of which falling
under item (1) in the enumeration under the
definition of “ill-gotten wealth.” (Estrada v.
Sandiganbayan, G.R. No. 148560, 2001)
d. Pattern
It consists of at least a combination or series of
overt or criminal acts enumerated under the
definition of “ill-gotten wealth,” directed towards
a common purpose or goal which is to enable
the public officer to amass, accumulate or
acquire ill-gotten wealth. There must either be an
“overall unlawful scheme” or “conspiracy” to
achieve said common goal.
Overall unlawful scheme
It indicates a 'general plan of action or method'
which the principal accused and public officer and
others conniving with him follow to achieve the
aforesaid common goal.
Absence of such overall scheme or where the
schemes or methods used by multiple accused
vary, the overt or criminal acts must form part of
a conspiracy to attain a common goal. (Estrada v.
Sandiganbayan, G.R. No. 148560, 2001)
Page 293 of 354
 II. Elements
Elements of plunder
1. That the offender is a public officer who
acts by himself or in connivance with
members of his family, relatives by affinity
or consanguinity, business associates,
subordinates, or other persons;
2. That he amassed, accumulated or acquired
ill-gotten wealth through a combination or
series using the means or similar scheme
enumerated under the definition of “ill-
gottenwealth” above; and,
3. That the aggregate amount or total value of
the ill-gotten wealth amassed, accumulated
or acquired is at least P50,000,000.00. (Sec.
12, RA 7659)
III. Prescription
The crime of plunder shall prescribe in twenty (20)
years.
However, the right of the State to recover
properties unlawfully acquired by public officers
from them or from their nominees or transferees
shall not be barred by prescription, laches, or
estoppel. (Sec. 6, RA 7080)
IV. Other relevant rules
Any person who participated with the said public
officer in the commission of an offense
contributing to the crime of plunder shall
likewisebe liable for the crime of plunder.
In the imposition of penalties, the degree of
participation and the attendance of mitigating
and extenuating circumstances, as provided by
the Revised Penal Code, shall be considered by
the court.
The court shall declare any and all ill-gotten
wealth and their interests and other incomes and
assets including the properties and shares of
stocks derived from the deposit or investment
thereof forfeited in favor of the State. (Sec. 12, RA
7659)
Rule of evidence
To establish the crime of plunder, it shall not be
necessary to prove each and every criminal act
done by the accused in furtherance of the
scheme or conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of
overt or criminal acts indicative of the overall
unlawful scheme or conspiracy. (Sec. 4, RA 7080)
Jurisdiction
Unless otherwise provided by law, all
prosecutions for the crime of plunder shall be
within the original jurisdiction of the
Sandiganbayan (Sec. 3, RA 7080)
Plunder is a crime malum in se
The legislative declaration in R.A. No. 7659 that
plunder is a heinous offense implies that it is a
malum in se. For when the acts punished are
inherently immoral or inherently wrong, they are
mala in se and it does not matter that such acts
are punished in a special law, especially since in
the case of plunder the predicate crimes are
mainly mala in se. (Estrada v. Sandiganbayan,
G.R. No. 148530, 2001)
Wheel or circle conspiracy
In the wheel or circle conspiracy, a person or a
group (“hub”) deals with 2 or more persons or
groups (“spokes”), to achieve the common goal of
amassing and accumulating ill-gotten wealth. A
public officer need not be the “hub” because what
Sec. 2 merely requires is that the public officer
must be in connivance with others. In other
words, such public officer, by his individual acts,
agreed to participate, directly or indirectly, in the
amassing, accumulation and acquisition of ill-
gotten wealth with others in a wheel conspiracy
either as a hub or part of spokes. (Macapagal-
Arroyo v. People, G.R. No. 220598, 2017)
————- end of topic ————-
Page 294 of 354
 TOPIC OUTLINE UNDER THE SYLLABUS: O. ANTI-MONEY LAUNDERING ACT OF
2001(RA 9160, as amended by RA 9194, RA
III. SPECIAL PENAL LAWS 10167, RA 10365 AND RA 10927)
I. Definition of terms
O. ANTI-MONEY LAUNDERING ACT OF 2001
(RA 9160, as amended by RA 9194, RA 10167, Covered institution
RA 10365 AND RA 10927) It refers to the following:
1. Definition of terms (Sec. 3) a. banks, non-banks, quasi-banks, trust
entities, and all other institutions and their
2. Money laundering offense (Sec. 4) subsidiaries and affiliates supervised or
regulated by the Bangko Sentral ng Pilipinas
3. Jurisdiction; Prosecution (Secs. 5 and 6) (BSP);
b. Insurance companies and all other
4. Issuance of Freeze Order institutions supervised or regulated by the
Insurance Commission;
5. Other relevant rules (i) securities dealers, brokers, salesmen,
investment houses and other similar
entities managing securities or rendering
services as investment agent, advisor, or
consultant,
(ii) mutual funds, close and investment
companies, common trust funds, pre-
need companies and other similar
entities,
(iii) foreign exchange corporations, money
changers, money payment, remittance,
and transfer companies and other
similarentities, and
(iv) other entities administering or otherwise
dealing in currency, commodities or
financial derivatives based thereon,
valuable objects, cash substitutes and
other similar monetary instruments or
property supervised or regulated by
Securities and Exchange Commission;
c. Jewelry dealers in precious metals, who, as
a business, trade in precious metals, for
transactions in excess of P1,000,000.00;
d. jewelry dealers in precious stones, who, as
a business, trade in precious stones, for
transactions in excess of P1,000,000.00;
e. company service providers which, as a
business, provide any of the following
services to third parties: (i) acting as a
formation agent of juridical persons; (ii)
acting as (or arranging for another person to
act as) a director or corporate secretary of
a company, a partner of a partnership, or a
similar position in relation to other
juridical

Page 295 of 354

 persons; (iii) providing a registered office,
business address or accommodation,
correspondence or administrative address
for a company, a partnership or any other
legal person or arrangement; and (iv) acting
as (or arranging for another person to act as)
a nominee shareholder for another person;
and
f. persons who provide any of the following
services: (i) managing of client money,
securities or other assets; (ii) management
of bank, savings or securities accounts; (iii)
organization of contributions for the creation,
operation or management of companies;
and (iv) creation, operation or management
of juridical persons or arrangements, and
buying and selling business entities. (Sec. 1,
RA 10365)
‘Precious metals’ shall mean gold, silver, ,
platinum, palladium, rhodium, ruthenium, iridium
and osmium. These include alloys of precious
metals, solders and plating chemicals such as
rhodium and palladium plating solutions and
potassium gold cyanide and potassium silver
cyanide and silver cyanide in salt solution.
'Precious stones' shall mean diamond, ruby,
emerald, sapphire, opal, amethyst, beryl, topaz,
and garnet that are used in jewelry making,
including those formerly classified as semi-
precious stones. (Sec. 3. RA 10365)
a. For purposes of covered persons, the
following terms are hereby defined as
follows:
i. Casino – a business authorized by the
appropriate government agency to
engage in gaming operations
ii. Internet-based casino – casinos in
which persons participate by the use
of remote communication facilities
such as, but not limited to, telephone,
television, radio, or any other kind of
electronic or other technology for
facilitating communication
iii. Ship-based casino – casinos, the
operation of which is undertaken on
board a vessel, ship, boat, or any
other water-based craft wholly or
partly intended for gambling
iv. Casino cash transaction –
transactions involving the receipt of
case by a casino paid by or on behalf
of a customer, or transactions
involving the payout of cash by a
casino to a customer or to ny person
in his/her behalf
v. Gaming operations – activities of the
casino offering games of chance and
any variations thereof approved by the
appropriate government authority
(Sec. 3, RA 10927)
The term ‘covered persons’ shall exclude lawyers
and accountants acting as independent legal
professionals in relation to information
concerning their clients or where disclosure of
information would compromise client
confidences or the attorney-client relationship:
Provided, that these lawyers and accountants
are authorized to practice in the Philippines and
shall continue to be subject to the provisions of
their respective codes of conduct and/or
professional responsibility or any of its
amendments. (Sec. 1, RA 10365)
Covered transaction
It refers to a transaction in cash or other
equivalent monetary instrument involving a total
amount in excess of P500,000.00 within one (1)
banking day.
For covered persons under Section 3(a)(8), a
single casino cash transaction involving an
amount in excess of five million pesos (P
5,000,000.00) or its equivalent in any other
currency (Sec. 2, RA 10927)
Unlawful activity
It refers to any act or omission or series or
combination thereof involving or having relation
tothe following:
a. Kidnapping for ransom under RPC, as
amended;
b. Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15
and 16 of RA 9165 or the Comprehensive
Dangerous Drugs Act of 2002;
Page 296 of 354
 c. Section 3 paragraphs B, C, E, G, H and I of
RA 3019, as amended, or the Anti-Graft and
Corrupt Practices Act;
d. Plunder under RA 7080, as amended;
e. Robbery and extortion under Articles 294,
295, 296, 299, 300, 301 and 302 of the RPC,
as amended;
f. Jueteng and Masiao punished as illegal
gambling under PD 1602;
g. Piracy on the high seas under RPC, as
amended and PD 532;
h. Qualified theft under Article 310 of the RPC,
as amended;
i. Swindling under Article 315 and Other Forms
of Swindling under Article 316 of the RPC, as
amended;
j. Smuggling under RA 455 and RA 1937;
k. Violations of RA 8792 or the Electronic
Commerce Act of 2000;
l. Hijacking and other violations under RA
6235; destructive arson and murder, as
defined under the RPC, as amended;
m. Terrorism and conspiracy to commit
terrorism as defined and penalized under
Sections 3 and 4 of RA 9372;
n. Financing of terrorism under Section 4 and
offenses punishable under Sections 5, 6, 7
and 8 of RA 10168, or the Terrorism
Financing Prevention and Suppression Act
of 2012:
o. Bribery under Articles 210, 211 and 211-A of
the RPC, as amended, and Corruption of
Public Officers under Article 212 of the RPC,
as amended;
p. Frauds and Illegal Exactions and
Transactions under Articles 213, 214, 215
and 216 of the RPC as amended;
q. Malversation of Public Funds and Property
under Articles 217 and 222 of the RPC, as
amended;
r. Forgeries and Counterfeiting under Articles
163, 166, 167, 168, 169 and 176 of the RPC,
as amended;
s. Violations of Sections 4 to 6 of RA. 9208, or
the Anti-Trafficking in Persons Act of 2003;
t. Violations of Sections 78 to 79 of Chapter IV,
of PD 705, or the Revised Forestry Code of
the Philippines, as amended;
u.
Violations of Sections 86 to 106 of Chapter
VI, of RA 8550, or the Philippine Fisheries
Code of 1998;
v. Violations of Sections 101 to 107, and 110 of
RA 7942, or the Philippine Mining Act of
1995;
w. Violations of Section 27(c), (e), (f), (g) and
(i), of RA 9147, or the Wildlife Resources
Conservation and Protection Act;
x. Violation of Section 7(b) of RA 9072, or the
National Caves and Cave Resources
Management Protection Act;
y. Violation of RA 6539, or the Anti-Carnapping
Act of 2002, as amended;
z. Violations of Sections 1, 3 and 5 of PD 1866,
as amended, or the decree Codifying the
Laws on Illegal/Unlawful Possession,
Manufacture, Dealing In, Acquisition or
Disposition of Firearms, Ammunition or
Explosives;
aa. Violation of PD 1612, otherwise known as
the Anti-Fencing Law;
bb. Violation of Section 6 of RA 8042, or the
Migrant Workers and Overseas Filipinos Act
of 1995, as amended by Republic Act No.
10022;
cc. Violation of RA 8293, or the Intellectual
Property Code of the Philippines;
dd. Violation of Section 4 of RA 9995, or the Anti-
Photo and Video Voyeurism Act of 2009;
ee. Violation of Section 4 of RA 9775, or the Anti-
Child Pornography Act of 2009;
ff. Violations of Sections 5, 7, 8, 9, 10(c), (d)
and (e), 11, 12 and 14 of RA 7610, or the
Special Protection of Children Against
Abuse, Exploitation and Discrimination;
gg. Fraudulent practices and other violations
under RA 8799, or the Securities Regulation
Code of 2000; and
hh. Felonies or offenses of a similar nature that
are punishable under the penal laws of other
countries. (Sec. 2, RA 10365)
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 II. Money laundering offense Prosecution
Any person may be charged with and convicted
Money laundering is a crime whereby the
of both the offense of money laundering and the
proceeds of an unlawful activity are transacted,
unlawful activity as herein defined. (Sec. 6(a), RA
thereby making them appear to have originated
9160)
from legitimate sources.

The prosecution of any offense or violation under

Who are liable
this Act shall proceed independently of any
Money laundering is committed by any person
proceeding relating to the unlawful activity. (Sec.
who, knowing that any monetary instrument or
5, RA 10365)
property represents, involves, or relates to the
proceeds of any unlawful activity:
a. transacts said monetary instrument or IV. Issuance of a Freeze Order
property;
A freeze order is only valid for a maximum period
b. converts, transfers, disposes of, moves,
of six (6) months. It cannot be extended beyond
acquires, possesses or uses said monetary
six (6) months. (Republic of the Philippines vs.
instrument or property;
Bloomberry Resorts and Hotels, Inc. (Solaire)and
c. conceals or disguises the true nature,
Banco De Oro, G.R. 224112, 2020)
source, location, disposition, movement or
ownership of or rights with respect to said
To begin with, a freeze order is not dependent on
monetary instrument or property;
a separate criminal charge, much less does it
d. attempts or conspires to commit money
depend on a conviction. Based on Section10
laundering offenses referred to in
of R.A. No. 9160, as amended, there are onlytwo
paragraphs (a), (b) or (c);
requisites for the issuance of a freeze order:
e. aids, abets, assists in or counsels the
(1) the application ex-parte by the AMLC and (2)
commission of the money laundering
the determination of probable cause by the
offenses referred to in paragraphs (a), (b) or
CA. (Yambao v. Republic, G.R. No. 171054, 2021)
(c) above; and performs or fails to perform
any act as a result of which he facilitates
[P]robable cause refers to the sufficiency of the
theoffense of money laundering referred to
relation between an unlawful activity and the
in paragraphs (a), (b) or (c) above; or
property or monetary instrument which is the
f. Any covered person who, knowing that a
focal point of Section 10 of R.A. No. 9160, as
covered or suspicious transaction is required
amended. (Yambao v. Republic, G.R. No. 171054,
under this Act to be reported to the Anti-
2021)
Money Laundering Council (AMLC), fails to
do so. (Sec. 4, RA 10365) V. Other relevant rules

III. Jurisdiction; Prosecution Effect of Bank Deposit Secrecy Law on AMLA

When reporting covered transactions to the Anti-
Jurisdiction
Money Laundering Council, covered institutions
The Regional Trial Courts shall have jurisdiction
and their officers, employees, representatives,
to try all cases on money laundering.
agents, advisors, consultants or associates shall
not be deemed to have violated Republic Act No.
If committed by public officers and private
1405, as amended; Republic Act No. 6426, as
persons who are in conspiracy with such public
amended; Republic Act No. 8791 and other
officers shall be under the jurisdiction of the
similar laws. (Sec. 9, RA 9160)
Sandiganbayan. (Sec. 5)
Covered persons and their officers and
employees are prohibited from communicating,

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directly or indirectly, in any manner or by any
means, to any person or entity, the media, the fact
that a covered or suspicious transaction has been
reported or is about to be reported, the contents
of the report, or any other information in relation
thereto. Neither may such reporting be published
or aired in any manner or form by the mass
media", electronic mail, or other similar devices.
In case of violation thereof, the concerned
officer and employee of the covered person and
media shall be held criminally liable. (Sec. 7, RA
10365)
————- end of topic ————-
TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
P. OBSTRUCTION OF JUSTICE LAW (PD 1829)
1. Punishable acts (Sec. 1)
2. Obstruction of justice vs. accessory to
acrime
3. Other relevant rules
P. OBSTRUCTION OF JUSTICE LAW (PD
1829)
I. Punishable acts
Any person who knowingly or willfully obstructs,
impedes, frustrates or delays the apprehension
of suspects and the investigation and
prosecution of criminal cases shall be liable by
committing any of the following acts:
a. preventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity
of any offender/s by means of bribery,
misrepresentation, deceit, intimidation,
forceor threats;
b. altering, destroying, suppressing or
concealing any paper, record, document, or
object, with intent to impair its verity,
authenticity, legibility, availability, or
admissibility as evidence in any
investigation of or official proceedings in,
criminal cases, or to be used in the
investigation of, or official proceedings in,
criminal cases;
c. harboring or concealing, or facilitating the
escape of, any person he knows, or has
reasonable ground to believe or suspect,
has committed any offense under existing
penal laws in order to prevent his arrest,
prosecution and conviction;
d. publicly using a fictitious name for the
purpose of concealing a crime, evading
prosecution or the execution of a judgment,
or concealing his true name and other
personal circumstances for the same
purpose or purposes;
e. delaying 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;
f. making, presenting or using any record,
document, paper or object with knowledge
of its falsity and with intent to affect the
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 course or outcome of the investigation of,
Covers different acts
or official proceedings in, criminal cases; Punishes the act of
in the apprehension,
harbouring, concealing
g. soliciting, accepting, or agreeing to accept investigation and
and assisting in the
any benefit in consideration of abstaining prosecution of the
escape of the principal
from, discontinuing, or impeding the crime
prosecution of a criminal offender; Punishes public
officials who abused
h. threatening directly or indirectly another their positions;
with the infliction of any wrong upon his Punishes both private
punishes private
person, honor or property or that of any and public individuals,
individuals but only in
immediate member or members of his but with an additional
the crimes of treason,
familyin order to prevent such person from penalty for public
attempt on the life of
appearing in the investigation of, or official officials; Not limited
the Chief Executive,
proceedings in, criminal cases, or imposing toa set of particular
murder, parricide or a
a condition, whether lawful or unlawful, in crimes
principal known to be
order to prevent a person from appearing in habitually guilty of
the investigation of or in official some other crime
proceedingsin, criminal cases; or Penalties for
accessories under the
i. giving of false or fabricated information to
mislead or prevent the law enforcement RPC shall not be
agencies from apprehending the offender imposed upon those
orfrom protecting the life or property of the Relatives of the who are such with
victim; or fabricating information from the offender do not enjoy respect to their
data gathered in confidence by investigating the same exemption spouses, ascendants,
authorities for purposes of background from criminal liability descendants,
information and not for publication and as that of an legitimate, natural, and
publishing or disseminating the same to accessory under the adopted brothers and
mislead the investigator or the court. RPC. sisters, or relatives by
affinity within the same
If any of the acts mentioned herein is penalized degrees, subject to a
by any other law with a higher penalty, the higher single exception.
penalty shall be imposed. (Sec. 1) (Article 20, RPC)
II. Obstruction of justice vs. accessory to a III. Other relevant rules
crime
Obstruction of justice by a public official or
Distinguishing an accessory from a principalin employee
PD 1829
If any of the foregoing acts is committed by a
public official or employee, he shall in addition to
Obstruction of
Accessory to a crime the penalties provided thereunder, suffer
justice
perpetual disqualification from holding public
Punished as a Part of the original
office. (Sec. 2)
separate crime crime
Offender is an
Offender is principal Refusal to surrender
accessory
When there is no warrant of arrest or there exist
Focuses on the Focuses on the no ground for a valid warrantless arrest, there
prosecution of the prevention of the could be no violation of PD 1829 as the refusal to
crime discovery of the crime surrender by the accused was done within the

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bounds of law. (Posadas v. Ombudsman, G.R. proceeds of the offense and shall likewise be
No. 131492, 2000) confiscated and forfeited in favor of the State.
Intent to conceal under other offenses (Sec. 9, RA 9287)

A person cannot be prosecuted for both ————- end of topic ————-

rebellionand PD 1829. In determining the proper
charge, the intent or motive is a decisive factor. TOPIC OUTLINE UNDER THE SYLLABUS:
If the act of concealment is committed with
political or social motives, that is in furtherance III. SPECIAL PENAL LAWS
of rebellion, then it should be deemed to form
Q. ANTI-TORTURE ACT OF 2009 (RA 9745)
part of the crime of rebellion instead of being
punished separately under PD 1829. (Enrile v. 1. Elements (Sec. 3)
Amin, G.R. No. 93335,1990)
2. Acts of torture (Sec. 4)
Immunity from prosecution
3. Persons liable (Sec. 13)
Any person who serves as a witness for the
government or provides evidence in a criminal 4. Prohibited detention (Sec. 7)
case involving any violation of this Act, or who
voluntarily or by virtue of a subpoena 5. Applicability of exclusionary rule;
testificandum or duces tecum, produces, Exception (Sec. 8)
identifies, or gives testimony shall be immune
6. Applicability of refouler (Sec. 9)
from any criminal prosecution. (Sec. 8, RA 9287)
7. Other relevant rules
Prosecution, judgment and forfeiture of
property

Any person may be charged with or convicted of

the offenses covered by this Act without
prejudice to the prosecution of any act or acts
penalized under the Revised Penal Code or
other existing laws.

During the pendency of the case, no property or

income used or derived therefrom which may be
confiscated and forfeited shall be disposed,
alienated or transferred and the same shall be in
custodia legis and no bond shall be admittedfor
the release of the same.

Upon conviction, all proceeds, gambling

paraphernalia and other instruments of the
crime including any real or personal property
used in any illegal numbers game operation
shall beconfiscated and forfeited in favor of the
State. All assets and properties of the accused
eitherowned or held by him/her in his/her name
or in the name of another person found to be
manifestly out of proportion to his/her lawful
income shall be prima facie presumed to be

Page 301 of 354

 Q. ANTI-TORTURE ACT OF 2009 (RA 9745) Food deprivation or forcible feeding with
spoiled food, animal or human excreta and
I. Elements
other stuff or substances not normally eaten;
Elements of torture
c. Electric shock;
1. Any act by which severe physical or mental d. Cigarette burning; burning by electrically
pain or suffering; heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on
2. Is inflicted by or at the instigation of or with mucous membranes, or acids or spices
the consent or acquiescence of a person in directly on the wound(s);
authority or his agent;
e. The submersion of the head in water or
3. Intentionally inflicted on a person; water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
4. For the purpose of:
f. Being tied or forced to assume fixed and
a. Obtaining information or a confession; stressful bodily position;
g. Rape and sexual abuse, including the
b. Punishment for an act he or a third insertion of foreign objects into the sex
person has committed, or is organ or rectum, or electrical torture of the
suspected of having committed; genitals;
c. Intimidation or coercion; and h. Mutilation or amputation of the essential
parts of the body such as the genitalia, ear,
d. Any reason based on discrimination of tongue, etc.;
any kind. (Sec. 3)
i. Dental torture or the forced extraction of
II. Acts of torture theteeth;

Who is a victim j. Pulling out of fingernails;

Person subjected to torture or other cruel,
inhuman and degrading treatment or
punishment as defined above and any individual
who has suffered harm as a result of any act(s)
of torture,or other cruel, inhuman and degrading
treatmentor punishment. (Sec. 3)
Physical torture
It is a form of treatment or punishment inflicted
by a person in authority or agent of a person in
authority upon another in his/her custody that
causes severe pain, exhaustion, disability or
dysfunction of one or more parts of the body,
suchas:
a. Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt
orother similar objects, and jumping on the
stomach;
b.
k. Harmful exposure to the elements such as
sunlight and extreme cold;
l. The use of plastic bag and other materials
placed over the head to the point of
asphyxiation;
m. The use of psychoactive drugs to change the
perception, memory, alertness or will of a
person, such as:
• The administration of drugs to
induce confession and/or reduce
mental competency; or
• The use of drugs to induce extreme
pain or certain symptoms of a
disease; and
n. Other analogous acts of physical torture.
(Sec. 4)
Mental/Psychological torture
It refers to acts committed by a person in
authorityor agent of a person in authority which
are calculated to affect or confuse the mind

Page 302 of 354

and/or

Page 303 of 354

undermine a person’s dignity and morale, such
as:
a. Blindfolding;
b. Threatening a person(s) or his/her relative(s)
with bodily harm, execution or other wrongful
acts;
c. Confinement in solitary cells or secret
detention places;
d. Prolonged interrogation;
e. Preparing a prisoner for a “show trial”, public
display or public humiliation of a detainee
orprisoner;
f. Causing unscheduled transfer of a person
deprived of liberty from one place to another,
creating the belief that he/she shall be
summarily executed;
g. Maltreating a member/s of a person’s family;
h. Causing the torture sessions to be witnessed
by the person’s family, relatives or any third
party;
i. Denial of sleep/rest;
j. Shame infliction such as stripping the
person naked, parading him/her in public
places, shaving the victim’s head or putting
marks on his/her body against his/her will;
k. Deliberately prohibiting the victim to
communicate with any member of his/her
family; and
l. Other analogous acts
ofmental/psychological torture. (Sec. 4)
Other cruel, inhuman and degrading treatment
or punishment
It refers to a deliberate and aggravated
treatment or punishment not enumerated under
Section 4 of this Act, inflicted by a person in
authority or agent of a person in authority against
another person in custody, which attains a level
of severity sufficient to cause suffering, gross
humiliation or debasement to the latter.
The assessment of the level of severity shall
depend on all the circumstances of the case,
including the duration of the treatment or
punishment, its physical and mental effects and,
in some cases, the sex, religion, age and state of
health of the victim. (Sec. 5)
III. Persons liable
The following shall be held criminally liable for
the crime of torture:
a. Liable as principals –
1. Any person who actually participated
or induced another in the commission
of torture or other cruel, inhuman and
degrading treatment or punishment or
who cooperated in the execution of the
act of torture or other cruel, inhuman
and degrading treatment or punishment
by previous or simultaneous acts
2. Any superior military, police or law
enforcement officer or senior
government official who issued an
orderto any lower ranking personnel to
commit torture for whatever purpose
3. The immediate commanding officer of
the unit concerned of the AFP or the
immediate senior public official of the
PNP and other law enforcement
agencies for any act or omission, or
negligence committed by him/her that
shall have led, assisted, abetted or
allowed, whether directly or indirectly,
the commission thereof by his/her
subordinates
If he/she has knowledge of or, owing to the
circumstances at the time, should have
known that acts of torture or other cruel,
inhuman and degrading treatment or
punishment shall be committed, is being
committed, or has been committed by
his/her subordinates or by others within
his/her area of responsibility and, despite
such knowledge, did not take preventive or
corrective action either before, during or
immediately after its commission, when
he/she has the authority to prevent or
investigate allegations of torture or other
cruel, inhuman and degrading treatment or
punishment but failed to prevent or
investigate allegations of such act, whether
Page 304 of 354
 deliberately or due to negligence shall also
be liable as principals.
b. Liable as accessory – Any public officer or
employee shall be liable as an accessory if
he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or
punishment is being committed and
without having participated therein, either
as principal or accomplice, takes part
subsequent to its commission in any of the
following manner:
1. By themselves profiting from or
assisting the offender to profit from
the effects of the act of torture or
other cruel, inhuman and degrading
treatment or punishment;
2. By concealing the act of torture or other
cruel, inhuman and degrading
treatment or punishment and/or
destroying the effects or instruments
thereof in order to prevent its discovery;
or
3. By harboring, concealing or assisting in
the escape of the principals in the act
of torture or other cruel, inhuman and
degrading treatment or punishment.
The accessory acts should be done with the
abuse of the official’s public functions. (Sec.
13)
Applicability of exclusionary rule;
Exception
General rule: Any confession, admission or
statement obtained as a result of torture shall be
inadmissible in evidence in any proceedings,
EXCEPTION: If the same is used as evidence
against a person or persons accused of
committing torture. (Sec. 8)
VI. Applicability of refouler
No person shall be expelled, returned or
extradited to another State where there are
substantial grounds to believe that such person
shall be in danger of being subjected to torture.
For the purposes of determining whether such
grounds exist, the Secretary of the Department of
Foreign Affairs (DFA) and the Secretary of the
DOJ, in coordination with the Chairperson of the
CHR, shall take into account all relevant
considerations including, where applicable and
not limited to, the existence in the requesting
State of a consistent pattern of gross, flagrantor
mass violations of human rights. (Sec. 17)

IV. Prohibited detention

Secret detention places, solitary confinement,
incommunicado or other similar forms of
detention, where torture may be carried out with
impunity are hereby prohibited.

The PNP, AFP and other law enforcement

agencies concerned shall make an updated list of
all detention centers and facilities under their
respective jurisdictions with the corresponding
data on prisoners or detainees incarcerated or
detained therein. This list shall be available to the
public at all times and updated by the same
agencies every 5 days of the month at the
minimum. (Sec. 7)
V.

Page 305 of 354

 VII. Other relevant rules
Torture as a separate and independent crime
Torture as a crime shall not absorb or shall not be
absorbed by any other crime or felony committed
as a consequence, or as a means in the conduct
or commission thereof. It shall be treated as a
separate and independent criminal act whose
penalties shall be imposable without prejudice
to any other criminal liability provided for by
domestic and international laws. (Sec. 15)
Applicability of the Revised Penal Code
The provisions of the Revised Penal Code insofar
as they are applicable shall be suppletory to this
Act. Moreover, if the commission of any crime
punishable under Title Eight (Crimes Against
Persons) and Title Nine (Crimes Against Personal
Liberty and Security) of the Revised Penal Code
is attended by any of the acts constituting
torture and other cruel, inhuman and degrading
treatment or punishment as defined herein, the
penalty to be imposed shall be in its maximum
period. (Sec. 22)
————- end of topic ————-
TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
R. HUMAN SECURITY ACT OF 2007 (RA 9372)
1. Elements of terrorism (Sec. 3)
2. Other punishable acts
3. Conspiracy to commit terrorism (Sec. 4)
4. Accomplice and accessory (Secs. 5 and
6)
5. Other relevant provisions
R.
HUMAN SECURITY ACT OF 2007 (RA9372)
I. Elements
Elements of terrorism
1. Any person who commits an act punishable
under any of the following:
a. Piracy in general and Munity in the High
Seas or in the Philippine Waters;
b. Rebellion or Insurrection;
c. Coup d’état, including acts
committedby private persons;
d. Murder; Kidnapping and Serious Illegal
Detention;
e. Crimes Involving Destruction or under
f. The Law on Arson;
g. Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990;
h. Atomic Energy Regulatory and Liability
Act of 1968;
i. Anti-Hijacking Law;
j. Anti-piracy and Anti-highway Robbery
Law of 1974; and
k. Decree Codifying the Laws on Illegal
and Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives;
2. Thereby sowing and creating widespread
and extraordinary fear and panic among the
populace; and,
3. To coerce the government to give in to an
unlawful demand.
Anyone found guilty of terrorism or conspiring to
commit terrorism shall suffer the penalty of 40
years imprisonment, without the benefit of
parole as provided for under the Indeterminate
Sentence Law. (Sec. 3)
II. Other punishable acts
The following are punishable under RA 9372:
a. Unauthorized or malicious examination of a
bank or a financial institution;
b. Bank officials and employees defying a court
authorization;
Page 306 of 354
c. False or untruthful statement or a.
misrepresentation of material fact in joint
affidavits;
d. Unjustified refusal to restore or delay in
restoring seized, sequestered and frozen
bank deposits, placements, trust accounts,
assets and records;
e. Loss, misuse, diversion or dissipation of
seized, sequestered and frozen bank
deposits, placements, trust accounts,
assetsand records;
f. Infidelity in the custody of detained persons;
g. Unauthorized revelation of classified
materials; and
h. Furnishing false evidence, forged document,
or spurious evidence.
III. Conspiracy to commit terrorism
There is conspiracy when two or more persons
come to an agreement concerning the
commission of the crime of terrorism as defined
above and decide to commit the same.

Persons who conspire to commit the crime of

terrorism shall suffer the penalty of forty (40)
years of imprisonment. (Sec. 4)

IV. Accomplice and accessory

Accomplice to terrorism

Any person who, not being a principal under

Article 17 of the Revised Penal Code or a
conspirator as defined in Section 4, cooperates
in the execution of either the crime of terrorism
or conspiracy to commit terrorism by previous or
simultaneous acts shall be liable as an
accomplice. (Sec. 5)

Accessory to terrorism

Any person who, having knowledge of the

commission of the crime of terrorism or
conspiracy to commit terrorism, and without
having participated therein, either as principal or
accomplice under Articles 17 and 18 of the
Revised Penal Code, takes part subsequent to its
commission in any of the following manner,
shallbe liable as an accessory:

Page 307 of 354

 by profiting himself or assisting
the offender to profit by the
effects of the crime;
b. by concealing or destroying the body
of the crime, or the effects, or
instruments thereof, in order to
prevent its discovery;
c. by harboring, concealing, or assisting
in the escape of the principal or
conspirator of the crimes.
The penalties prescribed for accessories
shall not be imposed upon those who are
such with respect to their spouses,
ascendants, descendants, legitimate,
natural, and adopted brothers and sisters,
or relatives by affinity within the same
degrees, with the single exception of
accessories falling within the provisions of
item (a). (Sec. 6)

————- end of topic ————-

TOPIC OUTLINE UNDER THE

SYLLABUS:

III. SPECIAL PENAL LAWS

S. TERRORISM FINANCING
PREVENTIONAND SUPPRESSION ACT OF
2012 (RA 10168)

1. Definition of terms (Sec. 3)

2. Financing of terrorism (Sec. 4)

3. Extraterritorial application (Sec. 19)

4. Extradition (Sec. 20)

Page 308 of 354

S. TERRORISM FINANCING PREVENTION AND
SUPPRESSION ACT OF 2012 (RA10168)
I. Definition of terms
Covered institutions
This refers to or shall have the same meaning as
defined under the Anti-Money Laundering Act
(AMLA).
Dealing, with regard to property or funds
This refers to receipt, acquisition, transacting,
representing, concealing, disposing or
converting, transferring or moving, use as
security of or providing financial services.
Designated persons
It refers to:
a. Any person or entity designated and/or
identified as a terrorist, one who finances
terrorism, or a terrorist organization or
group under the applicable United Nations
Security Council Resolution or by another
jurisdictionor supranational jurisdiction;
b. Any organization, association, or group of
persons proscribed pursuant to Section 17 of
the Human Security Act of 2007; or
c. Any person, organization, association, or
group of persons whose funds or property,
based on probable cause are subject to
seizure and sequestration under Section 39
of the Human Security Act of 2007.
Forfeiture
It is a court order transferring in favor of the
government, after due process, ownership of
property or funds representing, involving, or
relating to financing of terrorism as defined in
Section 4 or an offense under Sections 5, 6, 7, 8,
or 9 of this Act.
Freeze
It refers to the blocking or restraining of specific
property or funds from being transacted,
converted, concealed, moved or disposed without
affecting the ownership thereof.
Property or funds
It refers to financial assets, property of every kind,
whether tangible or intangible, movable or
immovable, however acquired, and legal
documents or instruments in any form, including
electronic or digital, evidencing title to, or
interestin, such funds or other assets, including,
but not limited to, bank credits, travellers
cheques, bank cheques, money orders, shares,
securities, bonds, drafts, or letters of credit, and
any interest, dividends or other income on or
value accruing from or generated by such funds
or other assets.
Terrorist
It refers to any natural person who:
a. Commits, or attempts, or conspires to
commit terrorist acts by any means, directly
or indirectly, unlawfully and willfully;
b. Participates, as a principal or as an
accomplice, in terrorist acts;
c. Organizes or directs others to commit
terrorist acts;
d. Contributes to the commission of terrorist
acts by a group of persons acting with a
common purpose where the contribution is
made intentionally and with the aim of
furthering the terrorist act or with the
knowledge of the intention of the group to
commit a terrorist act.
Terrorist acts
This refers to the following:
a. Any act in violation of Section 3 or Section 4
of the Human Security Act 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 under
this Act, that is within the scope of any of
the
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 following treaties of which the Republic
ofthe Philippines is a State party.
Terrorist organization, association or a groupof
persons
It refers to any entity owned or controlled by any
terrorist or group of terrorists that:
a. Commits, or attempts to commit, terrorist
acts by any means, directly or indirectly,
unlawfully and willfully;
b. Participates as an accomplice in terrorist
acts;
c. Organizes or directs others to commit
terrorist acts;
d. Contributes to the commission of terrorist
acts by a group of persons acting with
common purpose of furthering the terrorist
act where the contribution is made
intentionally and with the aim of furthering
the terrorist act or with the knowledge of
the intention of the group to commit a
terrorist act. (Sec. 3)

Accomplice under RA 10168

Any person who, not being a principal under
Article 17 of the Revised Penal Code or a
conspirator as defined in Section 5 hereof,
cooperates in the execution of either the crime
offinancing of terrorism or conspiracy to commit
thecrime of financing of terrorism by previous or
simultaneous acts. (Sec. 6)

Accessory under RA 10168

Any person who, having knowledge of the
commission of the crime of financing of
terrorismbut without having participated therein
as a principal, takes part subsequent to its
commission, by profiting from it or by assisting
the principal or principals to profit by the effects
of the crime, or by concealing or destroying the
effects of the crime in order to prevent its
discovery, or by harboring, concealing or
assisting in the escape of a principal of the
crime. (Sec. 7)

II. Financing of terrorism

The following shall be guilty of the crime of
financing of terrorism:
a. Any person who, directly or indirectly,
willfully and without lawful excuse,
possesses, provides, collects or uses

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 property or funds or makes available capacity;
property, funds or financial service or d. to individual persons who, although
other related services, by any means, physically outside the territorial limits of the
with the unlawful and willful intention Philippines, commit said crimes against
that they should be used or with the Philippine citizens or persons of Philippine
knowledge that they areto be used, in
full or in part:
1. to carry out or
facilitate thecommission of
any terrorist act;
2. by a terrorist
organization,association or
group; or
3. by an individual terrorist;
b. Any person who organizes or directs
othersto commit financing of
terrorism
Knowledge or intent may be established by
direct evidence or inferred from the
attendant circumstances.
For an act to constitute a crime under this
Act, it shall not be necessary that the
funds were actually used to carry out
terrorist acts. (Sec. 4)

III. Extraterritorial application

Subject to the provision of an existing
treaty, including the International
Convention for the Suppression of the
Financing of Terrorism of which the
Philippines is a State Party, and to any
contrary provision of any law of
preferential application, the criminal
provisions of this Act shall apply:
a. to individual persons who, although
physically outside the territorial limits
of the Philippines, commit, conspire
or plot to commit any of the crimes
defined and punished in this Act inside
the territorial limitsof the Philippines;
b. to individual persons who, although
physically outside the territorial limits
of the Philippines, commit any of the
said crimes on board Philippine ship
or Philippineairship;
c. to individual persons who commit any
of said crimes within any embassy,
consulate, or diplomatic premises
belonging to or occupied by the
Philippine government in an official

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 descent, where their citizenship or ethnicity
was a factor in the commission of the crime;
e. to individual persons who, although
physically outside the territorial limits of the
Philippines, commit said crimes directly
against the Philippine government; and,
f. to a Filipino national who, although outside
the territorial jurisdiction of the Philippines,
commit, conspire or plot to commit any of
thecrimes defined and punished in this Act.
(Sec. 19)
IV. Extradition
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
setforth under this Act. (Sec. 20)
In case of an alien whose extradition is requested
pursuant to the International Convention for the
Suppression of the Financing of Terrorism, and
that alien is not extradited to the requesting State,
the Republic of the Philippines, without exception
whatsoever and whether or not the offense was
committed in the Philippines, shall submit the
case without undue delay to the Department of
Justice for the purpose of prosecution in the
same manner as if the act constituting the
offense had been committed in the Philippines,
in which case, the courts of the Philippines shall
have jurisdictionover the offense. (Sec. 19)
————- end of topic ————-
TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
T. ANTI-WIRE TAPPING ACT (RA 4200)
1. Prohibited acts (Secs. 1 and 2)
2. Allowable wire tapping (Sec. 3)
3. Inadmissibility (Sec. 4)
4. Other relevant rules
T. ANTI-WIRE TAPPING ACT (RA 4200)
I. Prohibited acts
It shall unlawful for any person to commit any of
the following acts:
a. Not being authorized by all the parties to any
private communication or spoken word, to
tap any wire or cable, or by using any other
device or arrangement, to secretly overhear,
intercept, or record such communication or
spoken word by using a device commonly
known as a dictaphone or dictagraph or
detectaphone or walkie-talkie or tape
recorder, or however otherwise described;
b. Be he a participant or not in the act or acts
penalized in the next preceding sentence, to
knowingly possess any tape record, wire
record, disc record, or any other such record,
or copies thereof, of any communication or
spoken word secured either before or after
the effective date of this Act in the manner
prohibited by this law;
c. To replay the same for any other person/s;
d. To communicate the contents thereof,
either verbally or in writing, or to furnish
transcriptions thereof, whether complete or
partial, to any other person; or,
e. To willfully or knowingly do or aid, permit, or
cause to be done any of the acts under the
above-items (a) to (d) or any order issued
thereunder, or aids, permits, or causes such
violation. (Secs. 1 and 2)
II. Allowable wire tapping
Nothing under this Act shall render it unlawful or
punishable for any peace officer, authorized by a
written order of the Court, to execute any of the
acts declared to be unlawful above in cases
involving the following crimes:
a. Treason;
b. Espionage;
c. Provoking war and disloyalty in case of war;
d. Piracy;
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e. Mutiny in the high seas;
f. Rebellion;
g. Conspiracy and proposal to commit
rebellion, inciting to rebellion;
h. Sedition, conspiracy to commit sedition,
inciting to sedition;
i. Kidnapping as defined by the Revised Penal
Code; and,
j. Violations of Commonwealth Act No. 616,
punishing espionage and other offenses
against national security. (Sec. 3)
The written order shall only be issued or granted
– renewed by the court upon being satisfied that
a. Upon written application and the
examination under oath or affirmation of
the applicant and the witnesses he may
produce;
b. That there are reasonable grounds to
believe that any of the crimes enumerated
above has been committed or is being
committed or is about to be committed;
In cases involving the offenses of rebellion,
conspiracy and proposal to commit rebellion,
inciting to rebellion, sedition, conspiracy to
commit sedition, and inciting to sedition, such
authority shall be granted only upon prior proof
that a rebellion or acts of sedition, as the case
may be, have actually been or are being
committed.
c. That there are reasonable grounds to
believe that evidence will be obtained
essential to the conviction of any person
for, or to the solution of, or to theprevention
of, any such crimes; and
d. that there are no other means readily
available for obtaining such evidence.
The written order of the Court granted or issued
shall specify –
a. identity of the person or persons whose
communications, conversations,
discussions, or spoken words are to be
overheard, intercepted, or recorded and, in
the case of telegraphic or telephonic
communications, the telegraph line or the
telephone number involved and its location;
b. identity of the peace officer authorized to
overhear, intercept, or record the
communications, conversations,
discussions, or spoken words;
c. offense or offenses committed or sought to
be prevented; and
d. the period of the authorization.
The authorization shall be effective for the
period specified in the order which shall not
exceed sixty (60) days from the date of
issuance of the order, UNLESS extended or
such extension or renewal is in the public
interest.
III. Inadmissibility
Any communication or spoken word, or the
existence, contents, substance, purport, effect, or
meaning of the same or any part thereof, or any
information therein contained, obtained or
secured by any person in violation of this Act
shall not be admissible in evidence in any
judicial, quasi-judicial, legislative or
administrative hearing or investigation. (Sec. 4)
IV. Other relevant rules
All recordings made under court authorization
shall, within forty-eight hours after the expiration
of the period fixed in the order, be deposited
with the court in a sealed envelope or sealed
package, and shall be accompanied by an
affidavit of the peace officer granted such
authority stating the number of recordings made,
the dates and times covered by each recording,
the number of tapes,discs, or records included in
the deposit, and certifying that no duplicates or
copies of the wholeor any part thereof have been
made, or if made, that all such duplicates or
copies are included in the envelope or package
deposited with the court.(Sec. 3)
The envelope or package so deposited shall not
be opened, or the recordings replayed, or used in
evidence, or their contents revealed, except upon
order of the court, which shall not be granted
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except upon motion, with due notice and TOPIC OUTLINE UNDER THE SYLLABUS:
opportunity to be heard to the person or persons
whose conversation or communications have III. SPECIAL PENAL LAWS
been recorded. (Sec. 3)
U. CYBERCRIME PREVENTION ACT OF 2012
The Act clearly and unequivocally makes it illegal (RA 10175)
for any person, not authorized by all the parties to
any private communication to secretly record 1. Definition of terms (Sec. 3)
such communication by means of a tape
2. Punishable acts
recorder. The law makes no distinction as to
whether the party sought to be penalized by the a. Cybercrime offenses (Sec. 4)
statute ought to be a party other than or
different from those involved in the private b. Other offenses (Sec. 5)
communication. (Ramirez v. Court of Appeals,
G.R. No. 93833, 1995) 3. Jurisdiction (Sec. 21)

An extension telephone cannot be placed in the 4. Other relevant rules

same category as a dictaphone, dictagraph or the
other devices enumerated in Section 1 of RA No.
4200 as the use thereof cannot be considered as
"tapping" the wire or cable of a telephone line.
Hence, the phrase "device or arrangement" in
Section 1 of RA No. 4200, although not exclusive
to that enumerated therein, should be construed
to comprehend instruments of the same or
similar nature, that is, instruments the use of
which would be tantamount to tapping the main
line of a telephone. It refers to instruments
whose installation or presence cannot be
presumed by the party or parties being
overheard because, bytheir very nature, they are
not of common usage and their purpose is
precisely for tapping, intercepting or recording a
telephone conversation. (Gaanan v. Intermediate
AppellateCourt, G.R. No. L-69809, 1986)

————- end of topic ————-

Page 314 of 354

U. CYBERCRIME PREVENTION ACT OF 2012
(RA 10175)
I. Definition of terms
Access
It refers to the instruction, communication with,
storing data in, retrieving data from, or otherwise
making use of any resources of a computer
system or communication network
Alteration
It refers to the modification or change, in form or
substance, of an existing computer data or
program.
Communication
It refers to the transmission of information
through ICT media, including voice, video and
other formsof data.
Computer data
Any representation of facts, information, or
concepts in a form suitable for processing in a
computer system including a program suitable
to cause a computer system to perform a
function and includes electronic documents
and/or electronic data messages whether stored
in localcomputer systems or online.
Interception
It refers to listening to, recording, monitoring or
surveillance of the content of communications,
including procuring of the content of data, either
directly, through access and use of a computer
system or indirectly, through the use of
electronic eavesdropping or tapping devices, at
the same time that the communication is
occurring.
Service provider
It refers to (1) any public or private entity that
provides to users of its service the ability to
communicate by means of a computer system
and (2) any other entity that processes or stores
computer data on behalf of such
communication service or users of such service.
Without right
It refers to either (1) conduct undertaken without
or in excess of authority; or (2) conduct not
covered by established legal defenses, excuses,
court orders, justifications, or relevant principles
under the law.
II. Punishable acts
a. Cybercrime Offenses (Sec. 4)
Offenses against the confidentiality, integrity
and availability of computer data and systems
1. Illegal Access – the access to the whole or
any part of a computer system without right
2. Illegal Interception – interception made by
technical means without right of any non-
public transmission of computer data to,
from,or within a computer system including
electromagnetic emissions from a
computer system carrying such computer
data.
3. Data Interference – intentional or reckless
alteration, damaging, deletion or
deterioration of computer data, electronic
document, or electronic data message,
without right, including the introduction or
transmission of viruses.
4. System Interference – intentional alteration
or reckless hindering or interference with the
functioning of a computer or computer
network by inputting, transmitting,
damaging, deleting, deteriorating, altering or
suppressing computer data or program,
electronic document, or electronic data
message, without right or authority, including
the introduction or transmission of viruses.
5. Misuse of Devices
a. The use, production, sale,
procurement, importation, distribution,
or otherwise making available, without
right, of:
• A device, including a computer
program, designed or adapted
Page 315 of 354
 primarily for the purpose of
committing any of the offenses
under this Act; or
• A computer password, access
code, or similar data by which the
whole or any part of a computer
system is capable of being
accessed with intent that it be
used for the purpose of
committing any of the offenses
under this Act.
a. The possession of an item referred to
above with intent to use said devices
for the purpose of committing any of
the offenses under this section.
6. Cyber-squatting – acquisition of a domain
name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive
others from registering the same, if such a
domain name is:
a. Similar, identical, or confusingly
similar to an existing trademark
registered with the appropriate
government agency at the time of the
domain name registration;
b. Identical or in any way similar with the
name of a person other than the
registrant, in case of a personal name;
and
c. Acquired without right or with
intellectual property interests in it.
Computer-related offenses
1. Computer-related Forgery
a. Input, alteration, or deletion of any
computer data without right resulting
ininauthentic data with the intent that it
be considered or acted upon for legal
purposes as if it were authentic,
regardless whether or not the data is
directly readable and intelligible; or
b.
Act of knowingly using computer data
which is the product of computer-
related forgery as denied herein, for the
purpose of perpetuating a fraudulent
ordishonest design.
2. Computer-related Fraud – Unauthorized
input, alteration, or deletion of computer data
or program or interference in the
functioning of a computer system, causing
damage thereby with fraudulent intent.
If no damage has yet been caused, the penalty
imposable shallbe one (1) degree lower.
3. Computer-related Identity Theft –
Intentionalacquisition, use, misuse, transfer,
possession, alteration or deletion of
identifying information belonging to another,
whether natural or juridical, without right.
If no damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
Content-related offenses
1. Cybersex – Willful engagement,
maintenance, control, or operation, directly
or indirectly, of any lascivious exhibition of
sexual organs or sexual activity, with the aid
of a computer system, for favor or
consideration.
2. Child Pornography — the unlawful or
prohibited acts denied and punishable by
Republic Act No. 9775 or the Anti-Child
Pornography Act of 2009, committed
througha computer system.
That the penalty to be imposed shall be one (1)
degree higher than that provided for in
Republic Act No. 9775.
3. [UNCONSTITUTIONAL] Unsolicited
Commercial Communications – The
transmission of commercial electronic
communication with the use of computer
system which seek to advertise, sell, or offer
for sale products and services are prohibited
unless:
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 a. There is prior affirmative consent
fromthe recipient; or
b. The primary intent of the
communication is for service and/or
administrative announcements from
the sender to its existing users,
subscribers or customers; or
c. The following conditions are present:
• The commercial electronic
communication contains a
simple, valid, and reliable way
for the recipient to reject.
receipt of further commercial
electronic messages (opt-out)
from the same source;
• The commercial electronic
communication does not
purposely disguise the source
of the electronic message; and
• The commercial electronic
communication does not
purposely include misleading
information in any part of the
message in order to induce the
recipients to read the message.
4. Libel — the unlawful or prohibited acts of
libel as defined in Article 355 of the Revised
Penal Code, as amended, committed
through a computer system or any other
similar means which may be devised in the
future.
It only penalizes online libel as valid and
constitutional with respect to theoriginal author
of the post; but void and unconstitutional with
respect to others who simply receive the post and
react to it.
b. Other offenses (Sec. 5)
1. Aiding or Abetting in the Commission of
Cybercrime – any person who willfully
abets or aids in the commission of any of
the offenses enumerated in this Act shall be
held liable.
The Supreme Court in the case of Disini v.
Secretary of Justice, G.R. No. 203335, 2014)
declared that this provision only penalizes
aiding or abetting and attempt in the
commission of cybercrime as valid and
constitutional only in relation to:
a. Illegal Access
b. Illegal Interception
c. Data Interference
d. System Interference
e. Misuse of Devices
f. Cyber Squatting
g. Computer- related Forgery
h. Computer- related Fraud
i. Computer-related Identity Theft
j. Cybersex
HOWEVER, the provision is considered
void and unconstitutional in relation to
child pornography and online libel.
2. Attempt in the Commission of Cybercrime —
any person who willfully attempts to
commit any of the offenses enumerated in
this Act shall be held liable.
III. Jurisdiction
The Regional Trial Court shall have jurisdiction
over any violation of the provisions of this Act.
including any violation committed by a Filipino
national regardless of the place of commission.
Jurisdiction shall lie if any of the elements was
committed within the Philippines or committed
with the use of any computer system wholly or
partly situated in the country, or when by such
commission any damage is caused to a natural or
juridical person who, at the time the offense was
committed, was in the Philippines. (Sec. 21)
IV. Other relevant rules
The penalty of one degree higher than that
provided for by the RPC and special laws shall be
imposed on all crimes under RPC and special
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laws if committed by, through and with the use TOPIC OUTLINE UNDER THE SYLLABUS:
of information and communications
technologies shall be covered by the relevant III. SPECIAL PENAL LAWS
provisions of thisAct. (Sec. 6)
V. ANTI-CHILD PORNOGRAPHY ACT OF 2009
Any evidence procured without a valid warrant or (RA 9775)
beyond the authority of the same shall be
inadmissible for any proceeding before any 1. Definition of terms (Sec. 3)
court or tribunal. (Sec. 18)
2. Prohibited acts (Sec. 4)
All relevant international instruments on
international cooperation in criminal matters,
3. Syndicated child pornography (Sec. 5)
arrangements agreed on the basis of uniform or
reciprocal legislation, and domestic laws, to the
4. Other relevant rules
widest extent possible for the purposes of
investigations or proceedings concerning
criminal offenses related to computer systems
and data, or for the collection of evidence in
electronic form of a criminal, offense shall be
given full force andeffect. (Sec. 22)

Case study: X was charged with libel after

sending libelous emails to the officers of Corp A
and Y. In said emails, she aired grievances about
the performance of Y as chairman of Corp A. She
argued that publication, one of the elements of
libel was not present and that emailing does not
constitute publication under Article 355 of the
RPC. Since the information did not allege that the
emails were accessed by other persons, there
could be no publication. Lastly, X alleged that she
sent the emails as private communication of
CorpA with good faith and in the performance of a
legal duty. Are X’s emails covered under Article
355 ofthe RPC?

Whether emailing is sufficiently “public”

as required by Articles 353 and 355 of the
RPC and the Anti-Cybercrime Law, is a
matter of defense that should be
properly raised during trial. While
grievances, channeled through proper
public authorities, has a degree of
protected freedom of speech. The scope
and extent of that protection cannot be
grounded in abstractions. The facts of
the case need to be proven by evidence.
(Dio v. People,G.R. No. 208146, 2016)

————- end of topic ————-

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V. ANTI-CHILD PORNOGRAPHY ACT OF 2009 or is represented as being a child and
(RA 9775)
I. Definition of terms
Child
It refers to any person below 18 or over, but is
unable to fully take care of himself/herself from
abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental
disability or condition.

It shall also refer to –

a. Any person regardless of age who is
presented, depicted or portrayed as a child;
and,
b. Computer-generated, digitally or manually
crafted images or graphics of a person who
is represented or who is made to appear to
be a child.

Child pornography
It refers any representation of a child engaged or
involved in real or simulated explicit sexual
activities.

Explicit sexual activity

This term includes actual or simulated –
a. sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to genital,
anal to genital, or oral to anal, whether
between persons of the same or opposite
sex;
b. bestiality;
c. masturbation;
d. sadistic or masochistic abuse;
e. lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or anus; or
f. use of any object or instrument for
lasciviousacts

Child pornography materials

It refers to the means and methods by which child
pornography is carried out:
a. As to form:
• Visual depiction – not only images of
real children but also digital images,
computerimages or computer-generated
images;
• Audio representation of a person who is

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 who is engaged in or is h. Engaging in luring or grooming.
represented as being engaged in i. Engaging in pandering of any form of child
explicit sexual activity, or an audio pornography.
representation that advocates, j. Willful access any form of child pornography;
encourages or counsels any
sexual activity with children which
is an offense under this Act; and
• Written text or material that
advocates or counsels explicit
sexual activity with a child and
whose dominant characteristic is
the description, for a sexual
purpose, of an explicit sexual
activity with a child.
b. As to content:
It includes representation of a person
who is, appears to be, or is
represented as being a child, the
dominant characteristic of which isthe
depiction, for a sexual purpose, of:
• the sexual organ or the anal region,
or a representation thereof; and
• the breasts, or a representation of
the breasts, of a female person.

II. Prohibited acts

It shall be unlawful for any person:
a. To hire, employ, use, persuade, induce
or coerce a child to perform in the
creation or production of any form of
child pornography
b. To produce, direct, manufacture or
create any form of child pornography.
c. To publish, offer, transmit, sell,
distribute, broadcast, advertise,
promote, export or import any form of
child pornography
d. To possess any form of child
pornography with the intent to sell,
distribute, publish, or broadcast.
e. Willfully and intentionally providing a
venue for the commission of
prohibited acts.
f. Distribution of any form of child
pornography by film distributors,
theaters and telecommunication
companies, by themselves or in
cooperation with other entities.
g. Assisting in any form of child
pornography bya parent or guardian.
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 k. To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to
commit any form of child pornography shall
be committed when two (2) or more
persons come to an agreement concerning
the commission of any of the said prohibited
actsand decide to commit it; and
l. Possession of any form of child
pornography. (Sec. 4)
The possession of three (3) or more articles of
child pornography of the same form shall be
prima facie evidence of the intent to sell,
distribute, publish, or broadcast
III. Syndicated child pornography
The crime of child pornography is deemed
committed by a syndicate if carried out by a
group of three (3) or more persons conspiring
or confederating with one another. (Sec. 5)
IV. Disputable Presumption of Knowledge
All mall owners/operators and owners or lessors
of other business establishments shall notify the
PNP or the NBI within 7 days from obtaining facts
and circumstances that child pornography is
being committed in their premises.
Provided that public display of any form of child
pornography within their premises is a conclusive
presumption of the knowledge of the mall
owners/operators and owners or lessors of
otherbusiness establishments of the violation of
this Act:
Provided, further, that a disputable presumption
of knowledge by mall owners/operators and
owners or lessors of other business
establishments should know or reasonably know
that a violation of this Act is being committed in
their premises. Photo developers, information
technology professionals, credit card companies
and banks and any person who has direct
knowledge of any form of child pornography
activities shall have the duty to report any
suspected child pornography materials or
transactions to the proper authorities within
seven
(7) days from discovery thereof.
V.
Other relevant rules
Duties of an Internet Service Provider (ISP) All
internet providers (ISPs) shall notify the
Philippine National Police (PNP) or the National
Bureau of Investigation (NBI) within seven (7)
days from obtaining facts and circumstances
thatany form of child pornography is being
committedusing its server or facility of any user,
subscriber,or customer, or the content of any
communicationof any such person
Provided, that no ISP shall be held civilly liable for
damages on account of any notice given in good
faith in compliance with this section.
Furthermore, an ISP shall preserve such
evidence for purposes of investigation and
prosecution by relevant authorities
An ISP shall, upon the request of proper
authorities, furnish the particulars of users who
gained or attempted to gain access to an internet
address which contains any form of child
pornography.
All ISPs shall install available technology,
program, or software to ensure that access to or
transmittal of any form of child pornography will
be blocked or filtered.
An ISP who shall knowingly, willfully, and
intentionally violate the provision shall be
subjectto the penalty provided under Section 15(k)
of thisAct (Section 9)
Liability of mall owners/operators and
owners/lessors of business establishments All
mall owners/operators and owners or lessorsof
other business establishments shall notify the
PNP or the NBI within seven (7) days from
obtaining facts and circumstances that child
pornography is being committed in their
premises.
It should be noted that the public display of any
form of child pornography within their premises
isa conclusive presumption of the knowledge of
the mall owners/operators and owners or
lessors
Page 321 of 354
of other business establishments of the
violation of this Act.

There is disputable presumption of knowledge

that mall owners/operators and owners or
lessorsof other business establishments should
know orreasonably know that a violation of this
Act is being committed in their premises.

Photo developers, information technology

professionals, credit card companies and banks
and any person who has direct knowledge of
any form of child pornography activities shall
have the duty to report any suspected child
pornography materials or transactions to the
proper authorities within seven (7) days from
discovery thereof.

Any willful and intentional violation of this

provision shall be subject to the penalty provided
under Section 15(l) (Sec. 10)

Duties of an Internet Content Host

An internet content host shall
a. Not host any form of child pornography
onits internet address;
b. Within seven (7) days, report the presence
of any form of child pornography, as well as
the particulars of the person maintaining,
hosting, distributing or in any manner
contributing to such internet address, to
theproper authorities; and
c. Preserve such evidence for purposes of
investigation and prosecution by relevant
authorities.

An internet content host shall, upon the request

of proper authorities, furnish the particulars of
users who gained or attempted to gain access
to an internet address that contains any form of
childpornography.

An internet content host who shall knowingly,

willfully and intentionally violate this provision
shall be subject to the penalty provided under
Section 15 (j) of this Act:

Provided, That the failure of the internet content

host to remove any form of child
pornography

Page 322 of 354

within forty-eight (48) hours from receiving
the notice that any form of child
pornography is hitting its server shall be
conclusive evidence of willful and
intentional violation thereof.

————- end of topic ————-

TOPIC OUTLINE UNDER THE SYLLABUS:

III. SPECIAL PENAL LAWS

W. ANTI-PHOTO AND VIDEO

VOYEURISMACT OF 2009 (RA 9995)

1. Definition of terms (Sec. 3)

2. Prohibited acts (Sec. 4)

Page 323 of 354

 W. ANTI-PHOTO AND VIDEO VOYEURISMACT
OF 2009 (RA 9995)
I. Definition of terms
a. Broadcast
It is to make public, by any means, a visual image
with the intent that it be viewed by a person or
persons.
b. Capture
It means to videotape, photograph, film, record by
any means, or broadcast an image
c. Photo or video voyeurism
It refers to the act of taking photo or video
coverage of a person or group of persons
performing sexual act or any similar activity or
of capturing an image of the private area of a
person or persons without the latter's consent,
under circumstances in which such person/s
has/have a reasonable expectation of privacy, or
the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such
sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or
device without the written consent of the
person/s involved, notwithstanding that consent
to record or take photo or video coverage of
same was given by such person/s.
d. Under circumstances in which a person hasa
reasonable expectation of privacy
It refers to circumstances in which a reasonable
person would believe that he/she could disrobe in
privacy, without being concerned that an image or
a private area of the person was being captured;
or circumstances in which a reasonable person
would believe that a private area of the person
would not be visible to the public, regardless of
whether that person is in a public or private place.
(Sec. 3)
II.
Prohibited acts
Any person who commits the following shall be
liable for photo or video voyeurism:
a. To take photo or video coverage of a person
or group of persons performing sexual act
orany similar activity or to capture an image
ofthe private area of a person/s such as the
naked or undergarment clad genitals, pubic
area, buttocks or female breast without the
consent of the person/s involved and under
circumstances in which the person/s
has/have a reasonable expectation of
privacy;
b. To copy or reproduce, or to cause to be
copied or reproduced, such photo or video or
recording of sexual act or any similar
activitywith or without consideration;
c. To sell or distribute, or cause to be sold or
distributed, such photo or video or recording
of sexual act, whether it be the original, copy
or reproduction thereof; or
d. To publish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media, or show or exhibit the
photo or video coverage or recordings of
such sexual act or any similar activity
through VCD/DVD, internet, cellular phones
and other similar means or device.
The prohibition under items (b), (c) and (d) shall
apply notwithstanding that consent to record or
take photo or video coverage of the same was
given by such person/s.
————- end of topic ————-
Page 324 of 354
TOPIC OUTLINE UNDER THE SYLLABUS: X. ANTI-SEXUAL HARASSMENT ACT OF
1995 (RA 7877)
III. SPECIAL PENAL LAWS
I. Persons liable
X. ANTI-SEXUAL HARASSMENT ACT OF 1995 The following persons shall be held liable:
(RA 7877)
a. Principal by direct participation; and,
1. Persons liable
b. Principals by inducement and indispensable
2. Punishable acts (Sec. 3) cooperation – Any person who directs or
induces another to commit any act of
3. Other relevant rules
sexual harassment as herein defined, or
who cooperates in the commission thereof
by another without which it would not have
been committed, shall also be held liable
under this Act. (Sec. 3)

II. Punishable acts

Work, education or training-related sexual
harassment is committed by an employer,
employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach,
trainor, or any other person who, having
authority, influence or moral ascendancy over
another in a work or training or education
environment, demands, requests or otherwise
requires any sexual favor from the other,
regardless of whether the demand, request or
requirement for submission is accepted by the
object of said act.

Sexual harassment in work-related or

employment environment

a. Sexual favor is made as a condition:

i. For hiring or employment;

ii. Re-employment or continued
employment;
iii. Granting promotions, favorable
compensation, or privileges; or,
iv. Refusal to grant the sexual favor results
in classifying the employee which would
discriminate or deprive employment
opportunities or otherwise adversely
affect said employee;
b. Acts would impair the employee's rights or
privileges under existing labor laws; or,

Page 325 of 354

c. Acts would result in an intimidating, hostile, ————- end of topic ————-
or offensive environment for the employee.
(Sec. 3) TOPIC OUTLINE UNDER THE SYLLABUS:

Sexual harassment in education or training III. SPECIAL PENAL LAWS

environment
Y. ANTI-TRAFFICKING IN PERSONS ACT OF
a. Against one who is under the care, custody 2003 (RA 9208, AS AMENDED BY RA 10364)
or supervision of the offender;
1. Definition of terms; Elements (Sec. 3)
b. Against one whose education, training,
apprenticeship or tutorship is entrusted to 2. Punishable acts (Sec. 4)
the offender;
3. Attempted trafficking (Sec. 4-A)
c. When the sexual favor is made a condition
to the giving of a passing grade, or the 4. Liability of accomplices;
granting of honors and scholarships, or the accessories(Secs. 4-B and 4-C)
payment of a stipend, allowance or other
benefits, privileges, or consideration; or, 5. Acts that promote trafficking (Sec. 5)

d. When the sexual advances result in an 6. Qualified trafficking (Sec. 6)

intimidating, hostile or offensive
environment for the student, trainee or 7. Initiation and prosecution of
apprentice. (Sec.3) cases(Sec. 8)
III. Other relevant rules 8. Prescriptive period (Sec. 12)
It is not essential that the demand, request or
9. Other relevant rules
requirement be made as a condition for continued
employment or for promotion to a higher position.
It is enough that the respondents acts result in
creating an intimidating, hostile or offensive
environment for the employee. (Domingo v.
Rayala, G.R. No. 155831, 2008)

Under RA 7877, an act of sexual harassment may

result in a criminal action wherein the accused is
prosecuted for a wrong committed against
society itself or the State whose law he or she
violated. Sexual harassment as defined and
penalized under Republic Act No. 7877 requires
three elements for an accused to be convicted:
(1) that the accused has authority, influence, or
moral- ascendancy over another; (2) the
authority, influence, or moral ascendancy exists
in a work- related, training-related, or education-
related environment, and (3) the accused who
has authority, influence, or moral-ascendancy
over another makes a demand, request, or
requirement of a sexual favor. (Escandor v.
People, G.R. No. 211962, July 06, 2020.)

Page 326 of 354

Y. ANTI-TRAFFICKING IN PERSONS ACT OF
2003 (RA 9208, AS AMENDED BY RA 10364)
I. Definition of terms
Child
It refers to a person below eighteen (18) years of
age or one who is over eighteen (18) but is unable
to fully take care of or protect himself/herself
from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental
disability or condition.
Trafficking in persons
Elements
1. Recruitment, transportation, transfer or
harboring, or receipt of persons;
2. With or without the victim’s consent or
knowledge;
3. Within or across national borders;
4. 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; and
5. 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.
The recruitment, transportation, transfer,
harboring or receipt of a child for the purpose of
exploitation shall also be considered as
“trafficking in persons” even if it does not involve
any of the means set forth in the preceding
paragraph. (Sec. 3)
Involuntary Servitude
A condition of enforced and compulsory service
induced by means of any scheme, plan or pattern,
intended to cause a person to believe that if he or
she did not enter into or continue in such
condition, he or she or another person would
suffer serious harm or other forms of abuse or
physical restraint, or threat of abuse or harm, or
coercion including depriving access to travel
documents and withholding salaries, or the abuse
or threatened abuse of the legal process. (Sec. 3)
Sex Tourism
A program organized by travel and tourism-
related establishments and individuals which
consists of tourism packages or activities,
utilizing and offering escort and sexual services
as enticement for tourists. This includes sexual
services and practices offered during rest and
recreation periods for members of the military.
(Sec. 3)
Sexual Exploitation
Participation by a person in prostitution,
pornography or the production of pornography, in
exchange for money, profit or any other
consideration or where the participation is
caused or facilitated by any means of
intimidation or threat, use of force, or other
forms of coercion, abduction, fraud, deception,
debt bondage, abuse of power or of position or
of legal process, taking advantage of the
vulnerability of the person, or giving or receiving
of payments or benefits to achieve the consent
of a person having control over another person;
or in sexual intercourse or lascivious conduct
caused or facilitated by any means as provided
in this Act. (Sec. 3)
Debt Bondage
Refers to the pledging by the debtor of his/her
personal services or labor or those of a person
under his/her control as security or payment for
adebt, when the length and nature of services is
not clearly defined or when the value of the
Page 327 of 354
 services as reasonably assessed is not applied
toward the liquidation of the debt. (Sec. 3)
II. Punishable acts
It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
h.
a. To recruit, obtain, hire, provide, offer,
transport, transfer, maintain, harbor, or
receive a person by any means, including
those done under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of
i.
prostitution, pornography, or sexual
exploitation;
b. To introduce or match for money, profit, or
material, economic or other consideration,
j.
any person or, as provided for under
Republic Act No. 6955, any Filipino woman
to a foreign national, for marriage for the
purpose of acquiring, buying, offering, selling
or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
c. To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual
exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
k.
d. To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution,
pornography or sexual exploitation;
e. To maintain or hire a person to engage in
prostitution or pornography;
f. To adopt persons by any form of
consideration for exploitative purposes or
to facilitate the same for purposes of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
g.
To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt
bondage;
To recruit, hire, adopt, transport, transfer,
obtain, harbor, maintain, provide, offer,
receive or abduct a person, by means of
threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of
removal or sale of organs of said person;
To recruit, transport, obtain, transfer, harbor,
maintain, offer, hire, provide, receive or
adopt a child to engage in armed activities in
the Philippines or abroad;
To recruit, transport, transfer, harbor, obtain,
maintain, offer, hire, provide or receive a
person by means defined in Section 3 of this
Act for purposes of forced labor, slavery,
debt bondage and involuntary servitude,
including a scheme, plan, or pattern
intended to cause the person either:
i. To believe that if the person did not
perform such labor or services, he or
she or another person would suffer
serious harm or physical restraint; or
ii. To abuse or threaten the use of law or
the legal processes; and
To recruit, transport, harbor, obtain, transfer,
maintain, hire, offer, provide, adopt or
receive a child for purposes of exploitation
ortrading them, including but not limited to,
the act of baring and/or selling a child for
any consideration or for barter 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 armed conflict;
ii. The use, procuring or offering of a
child for prostitution, for the
production
Page 328 of 354
 of pornography, or for pornographic
performances;
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
nature or the circumstances in which it
is carried out, is likely to harm their
health, safety or morals; and
l. To organize or direct other persons to
commit the offenses defined as acts of
trafficking under this Act. (Sec. 4)
Penalty
Any person found guilty of committing any of the
acts enumerated above shall suffer the penalty of
imprisonment of twenty (20) years and a fine of
not less than P1,000,000.00 but not more than
P2,000,000.00. (Sec. 10(a))
III. Attempted trafficking
Where there are acts to initiate the commission
of a trafficking offense but theoffender failed to
or did not execute all the elements of the crime,
by accident or by reason of some cause other
than voluntary desistance, such overt acts shall
be deemed as an attempt to commit an act of
trafficking in persons. As such, an attempt to
commit any of the offenses enumerated in
Section 4 of this Act shall constitute attempted
trafficking in persons.
Where victim is a child
Any of the following acts shall also be deemed as
attempted trafficking in persons where victim is
a child:
a. Facilitating 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
Department of Social Welfare and
Development, or a written permit or
justification from the child’s parent or legal
guardian;
b. Executing, for a consideration, an affidavit of
consent or a written consent for adoption;
c. Recruiting a woman to bear a child for the
purpose of selling the child;
d. Simulating a birth for the purpose of selling
the child; and
e. Soliciting a child and acquiring the custody
thereof through any means from among
hospitals, clinics, nurseries, daycarecenters,
refugee or evacuation centers, and low-
income families, for the purpose of selling
the child. (Sec. 4-A)
Penalty
Any person found guilty of committing any of the
acts enumerated above shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of
not less than P500,000.00 but not more than
P1,000,000.00. (Sec. 10 (b))
IV. Liability of accomplices; accessories
Accomplice
Whoever knowingly aids, abets, cooperates in the
execution of the offense by previous or
simultaneous acts defined in this Act shall be
punished with imprisonment of fifteen (15) years
and a fine of not less than P500,000.00 but not
more than P1,000,000.00. (Sec. 10 (c))
Accessories
Whoever has the knowledge of the commission
of the crime, and without having participated
therein, either as principal or as accomplices,
take part in its commission in any of the
followingmanners:
a. By profiting themselves or assisting the
offender to profit by the effects of the crime;
b. By concealing or destroying the body of the
crime or effects or instruments thereof, in
order to prevent its discovery;
Page 329 of 354
c. By harboring, concealing or assisting in the
escape of the principal of the crime, provided
the accessory acts with abuse of his or her
public functions or is known to be habitually
guilty of some other crime.

Accessories shall suffer the penalty of

imprisonment of fifteen (15) years and a fine of
not less than imprisonment of fifteen (15) years
and a fine of not less than P500,000.00 but not
more than P1,000,000.00. (Sec. 10(d))

V. Acts that promote trafficking

The following acts which promote or facilitate
trafficking in persons, shall be unlawful:

a. To knowingly lease or sublease, use or allow

to be used any house, building or
establishment for the purpose of promoting
trafficking in persons;
b. To produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers, overseas
employment certificates or other
certificates of any government agency
which issues these certificates, decals and
such other markers as proof of compliance
with government regulatory and pre-
departure requirements for the purpose of
promoting trafficking in persons;

c. To advertise, 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,
of any brochure, flyer, or any propaganda
material that promotes trafficking in
persons;

d. To assist in the conduct of

misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and
necessary exitdocuments from government
agencies that are mandated to provide 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

Page 330 of 354

 international and local airports, years and a fine of not less than P500,000.00
territorial boundaries and seaports but not more than P1,000,000.00. (Sec. 10 (d))
who are in possession of unissued,
tampered or fraudulent travel
documents for the purpose of
promoting trafficking in persons;

f. To confiscate, conceal, or destroy the

passport, travel documents, or
personal documents or belongings of
trafficked persons in furtherance of
trafficking or to prevent them from
leaving the country or seeking redress
from the government or appropriate
agencies;

g. To knowingly benefit from, financial or

otherwise, or make use of, the labor or
services of a person held to a
condition of involuntary servitude,
forced labor, or slavery.

h. To tamper with, destroy, or cause the

destruction of evidence, or to
influence or attempt to influence
witnesses, in an investigation or
prosecution of a case underthis Act;

i. To destroy, conceal, remove,

confiscate 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 government
identification, of any person in order
to prevent or restrict, or attempt to
prevent or restrict, without lawful
authority, the person’s liberty to move
or travel in order to maintainthe labor
or services of that person; or

j. To utilize his or her office to impede

the investigation, prosecution or
execution of lawful orders in a case
under this Act. (Sec.5)

Penalty

Any person found guilty of committing any

of the acts enumerated above shall suffer
the penalty of imprisonment of fifteen (15)
Page 331 of 354
VI. Qualified trafficking
The following are considered as qualified
trafficking:
a. When the trafficked person is a child;
b. When the adoption is effected through
Republic Act No. 8043, otherwise known as
the “Inter-Country Adoption Act of 1995” and
said adoption is for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
c. When the crime is committed by a syndicate,
or in large scale.
Trafficking is deemed committed by a
syndicate if carried out by a group of three (3)
or more persons conspiring or confederating
with one another. It is deemed committed in
large scale if committed against three (3) or
more persons, individually or as a group;
d. When the offender is a spouse, an
ascendant, parent, sibling, guardian or a
person who exercises authority over the
trafficked person or when the offense is
committed by a public officer or employee;
e. When the trafficked person is recruited to
engage in prostitution with any member of
the military or law enforcement agencies;
f. When the offender is a member of the
military or law enforcement agencies;
g. When by reason or on occasion of the act of
trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or
is afflicted with Human Immunodeficiency
Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS);
h. When the offender commits one or more
violations of Section 4 over a period of sixty
(60) or more days, whether those days are
continuous or not; and
i. When the offender directs or through
another manages the trafficking victim in
carrying out the exploitative purpose of
trafficking. (Sec. 6)
Penalty
Any person found guilty of qualified trafficking
shall suffer the penalty of life imprisonment and
a fine of not less than P2,000,000.00 but not
more than P5,000,000.00. (Sec. 10 (d))
VII. Initiation and prosecution of cases
Initiation of investigation
Law enforcement agencies are mandated to
immediately initiate investigation and counter-
trafficking-intelligence gathering upon receipt of
statements or affidavit from victims of
trafficking, migrant workers, or their families
who are in possession of knowledge or
information about trafficking in persons cases.
Prosecution of cases
Any person who has personal knowledge of the
commission of any offense under this Act, such
as the trafficked person, the parents, spouse,
siblings, children or legal guardian may file a
complaint for trafficking.
Affidavit of desistance
Cases involving trafficking in persons should not
be dismissed based on the affidavit of
desistance executed by the victims or their
parents or legal guardians. Public and private
prosecutors are directed to oppose and
manifest objections to motions for dismissal.
(Sec. 8)
VIII. Prescriptive period
Trafficking cases under this Act shall prescribe
inten (10) years.
Trafficking cases committed by a syndicate or in
a large scale, or against a child, shall prescribe in
twenty (20) years.
The prescriptive period shall commence to run
from the day on which the trafficked person is
delivered or released from the conditions of
bondage, or in the case of a child victim, from
Page 332 of 354
the day the child reaches the age of majority,
and shall be interrupted by the filing of the
complaint or information and shall commence to
run again when the proceedings terminate
without the accused being convicted or
acquitted or are unjustifiably stopped for any
reason not imputable to the accused. (Sec. 12)
IX. Other relevant rules
Legal protection
Trafficked persons shall not be penalized for
unlawful acts committed as a direct result or
incident, or in-elation to being trafficked
enumerated in this act. In this regard, the consent
of a trafficked person to the intended
exploitationset forth in this Act shall be irrelevant.
Victims of trafficking for purposes of
prostitution as defined under Section 4 of this
Act are not covered by Article 202 of the Revised
Penal Codeand as such, shall not be prosecuted,
fined, or otherwise penalized under the said law.
(Sec. 17)
Irrelevance of past sexual behavior
The past sexual behavior or the sexual
predisposition of a trafficked person shall be
considered inadmissible in evidence for the
purpose of proving consent of the victim to
engage in sexual behavior, or to prove to
predisposition, sexual or otherwise, of a
traffickedperson.
Cases
People v. Lalli, G.R. No. 195419, 2011
Given the broad definition of recruitment and
placement, even the mere act of referring
someone for placement abroad can be
considered recruitment. Such act of referral, in
connivance with someone without the requisite
authority or POEA license, constitutes illegal
recruitment. In its simplest terms, illegal
recruitment is committed by persons who,
without authority from the government, give the
impression that they have the power to send
workers abroad for employment purposes.
Lalli, Aringoy and Relampagos have conspired
and confederated with one another to recruit and
place Lolita for work in Malaysia without a POEA
license. The three elements of syndicated illegal
recruitment are present in this case:
1. The accused have no valid license or
authority required by law to lawfully engage
in recruitment and placement of workers;
2. The accused engaged in recruitment and
place by actually recruiting, deploying, and
transporting Lolita to Malaysia; and,
3. Illegal recruitment was committed by three
persons, conspiring and confederating with
one another.
People v. Casio, G.R. No. 211465, 2014
An Information was filed against X, charging her
for violating R.A. 9208 Sec. 4(a), qualified by Sec.
6(a). The Information states that: X, with
deliberate intent, with intent to gain, did then and
there hire and/or recruit Y, a minor, 17 years old
and Z for the purpose of prostitution and sexual
exploitation, by acting as their procurer for
different customers, for money, profit, or any
otherconsideration. The accused, X, testified that
while she was walking outside, two men asked
her if she knew someone named “A,” but she
replied that she only knew a certain “Y.” The two
men said that they were actually looking for Y,
gave her a piece of paper with a number on it, and
told her to tell Y to bring companions. When X
arrived home, she contacted Y. Y convinced her
to come because allegedly, she would be given
money bythe two males. The RTC found X guilty
beyond reasonable doubt. The Court of Appeals
likewise affirmed the same. X argued that Y
admitted to her that she was already engaged in
prostitution,and therefore led X to conclude that
Y was predisposed to having sex with
customers for money. Can X’s argument prosper?
No. Under Sec. 3(a) of R.A. 9208,
trafficking in persons can still be
committed even if victim gives consent.
The victim’s consent is rendered
meaningless due to coercive, abusive, or
Page 333 of 354
 deceptive means employed by
perpetrators of human trafficking. R.A.
9208 further defines what qualifies the
crime of trafficking in persons, and one
of them is when trafficked person is a
child.The crime has been consummated
for the mere “transaction” i.e. that
‘solicitation’ for sex and handling over of
the “bust money” already consummated
the act.
People of the Philippines v. Nancy Lasaca
Ramirez, G.R. No. 217978, 2019
Officer X went undercover in a KTV Bar where
prostitution was rampant. Y approached officer
Xand offered special services to be given by Z in
exchange for money. Z was a minor. Officer X
accepted the agreement and hailed a cab for Z
and himself to head to a motel. Before arriving in
the motel Z asked for the payment in exchange
for the special services which Officer X complied
with, however shortly after he asked the taxi to
stop and introduced himself as an Officer. He
went back to the KTV Bar and arrested Y. In the
defense of, Y she claimed that Z has given
consent to conduct the interaction therefore
absolving her from liability. Is Y still guilty?
Yes. Under Republic Act No. 10364, the
elements of trafficking in persons have been
expanded to include the following acts:
1. The act of "recruitment, obtaining, hiring,
providing, offering, transportation,
transfer, maintaining, harboring, or
receipt of persons with or without the
victim's consent or knowledge, within or
across national borders
2. The means used include "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
3.
The purpose of trafficking includes "the
exploitation or the prostitution of others or
other forms of sexual exploitation,
forcedlabor or services, slavery, servitude
or theremoval or sale of organs[.]"
Here, Y was charged with having violated
qualified trafficking in relation to Section 4 (e) of
Republic Act No. 9208, which provides that it is
unlawful for anyone to maintain or hire a person
to engage in prostitution or pornography.
The court held that the victim’s consent is
rendered meaningless due to the coercive,
abusive, or deceptive means employed by
perpetrators of human-trafficking. Even without
the use of coercive, abusive, or deceptive means,
a minor’s consent is not given out of his or her
own free will. Y took advantage of the vulnerability
of Z as a minor. Z ‘s acquiescence to the
transaction cannot be a valid defense.
Santiago, Jr. y Santos v. People, G.R. No. 213760,
2019
The RTC found X of the crime of trafficking in
persons punished under Section 4(a) of Anti-
Trafficking in Persons, giving credence to the
testimony of A, whom X recruited to have sex with
Z, who was designated as a confidential police
asset, for P500. The CA affirmed the conviction of
X. X argues that the prosecution failed to prove
his guilt beyond reasonable doubt as Z, the
confidential informant was not able to give a
testimony, thus raising doubt on whether
petitioner truly offered A to Z. Is X’s argument
tenable?
No. The Court denied X’s contention. The
testimony of the confidential informant
is not indispensable in the crime of
trafficking in persons. Neither is his
identity relevant. It is sufficient that the
accused has lured, enticed, or engaged
its victims or transported them for the
established purpose of exploitation,
which was sufficiently shown by the
trafficked person's testimony alone.
————- end of topic ————-
Page 334 of 354
 TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
Z. ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004 (RA 9262)
1. Definition of terms; Elements (Sec. 3)
2. Punishable acts (Sec. 5)
3. Battered Woman Syndrome (Sec. 26)
4. Other relevant rules
Z.
ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004 (RA 9262)
I. Definition of terms
Violence against women and their children
It refers to any act or a series of acts committed
by any person
a. 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
b. 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. It includes, but is not
limitedto, the following acts:
a. Physical violence refers to acts that include
bodily or physical harm;
b. Sexual violence refers to an act which is
sexual in nature, committed against a
woman or her child. It includes, but is not
limited to:
• rape, sexual harassment, acts of
lasciviousness, treating a woman or her
child as a sex object, making
demeaning and sexually suggestive
remarks, physically attacking the sexual
parts of the victim’s body, forcing
her/him to watch obscene publications
and indecent shows or forcing the
woman or her child to do indecent acts
and/or make films thereof, forcing the
wife and mistress/lover to live in the
conjugal home or sleep together in the
same room with the abuser;
• acts causing or attempting to cause
the victim to engage in any sexual
activity by force, threat of force,
physical or
Page 335 of 354
 other harm or threat of physical or
otherharm or coercion;
• Prostituting the woman or child.
c. Psychological violence refers to acts or
omissions causing or likely to cause
mental or emotional suffering of the victim
such as but not limited to intimidation,
harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal
abuse and marital infidelity.
It includes causing or allowing the victim to
witness the physical, sexual or psychological
abuse of a member of the family to which the
victim belongs, or to witness pornography in any
form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.
d. Economic abuse refers to acts that make
or attempt to make a woman financially
dependent which includes, but is not limited
to the following:
• Withdrawal of financial support or
preventing the victim from engaging in
any legitimate profession, occupation,
business or activity, except in cases
wherein the other spouse/partner
objects on valid, serious and moral
grounds as defined in Article 73 of the
Family Code;
• Deprivation or threat of deprivation of
financial resources and the right to the
use and enjoyment of the conjugal,
community or property owned in
common;
• Destroying household property; or
• Controlling the victims’ own money or
properties or solely controlling the
conjugal money or properties.
Battery
It refers to an act of inflicting physical harm
upon the woman or her child resulting to the
physical and psychological or emotional distress.
Battered Woman Syndrome
It refers to a scientifically defined pattern of
psychological and behavioral symptoms found
in women living in battering relationships as a
resultof cumulative abuse.
Stalking
It refers to an intentional act committed by a
person who, knowingly and without lawful
justification follows the woman or her child or
places the woman or her child under surveillance
directly or indirectly or a combination thereof.
Dating relationship
It refers to 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.
Sexual relations
It refers to a single sexual act which may or may
not result in the bearing of a common child.
Children
It refers to those below eighteen (18) years of age
or older but are incapable of taking care of
themselves as defined under Republic Act No.
7610. This term includes the biological children
ofthe victim and other children under her care. (Sec.
3)
II. Punishable acts
The crime of violence against women and their
children is committed through any of the
followingacts:
Page 336 of 354
a. Causing physical harm to the woman or her g.
child;

b. Threatening to cause the woman or her child

physical harm;

c. Attempting to cause the woman or her child

physical harm;

d. Placing the woman or her child in fear of

imminent physical harm;

e. Attempting to compel or compelling the

woman or her child to engage in conduct
which the woman or her child has the right to
desist from or desist from conduct which
the woman or her child has the right to
engage in, or attempting to restrict or
restricting the woman’s or her child’s
freedom of movement or conduct by force or
threat of force, physical or other harm or
threat of physical or other harm, or
intimidation directed against the woman or
child. This shall include, but not limited to,
the following acts committed with the
purpose or effect of controlling or
restricting the woman’s or her child’s
movement or conduct:

• Threatening to deprive or actually

depriving the woman or her child of
custody to her/his family;

• Depriving or threatening to deprive the

woman or her children of financial
support legally due her or her family,
or deliberately providing the woman’s
children insufficient financial support;

• Depriving or threatening to deprive the

woman or her child of a legal right;

• Preventing the woman in engaging in

any legitimate profession, occupation,
business or activity or controlling the
victim’s own mon4ey or properties, or
solely controlling the conjugal or
common money, or properties;

f. Inflicting or threatening to inflict physical

harm on oneself for the purpose of
controlling her actions or decisions;

Page 337 of 354

 Causing or attempting to cause the b. Acute battering incident; and
woman or her child to engage in any
sexual activity which does not c. Tranquil, loving phase (non-violent phase).
constitute rape, by force or threat of (People v. Genosa, G.R. No. 1395981, 2004)
force, physical harm, or through
intimidation directed against the
woman or her child or her/his
immediate family;

h. Engaging in purposeful, knowing, or

reckless conduct, personally or
through another, thatalarms or causes
substantial emotional or
psychological distress to the woman
or her child. This shall include, but not
be limited to,the following acts:

• Stalking or following the woman

or her child in public or private
places;

• Peering in the window or

lingering outside the residence of
the woman or her child;

• Entering or remaining in the

dwelling oron the property of the
woman or her child against
her/his will;

• Destroying the property and

personal belongings or inflicting
harm to animals or pets of the
woman or her child; and

• Engaging in any form of

harassment orviolence;

i. Causing mental or emotional anguish,

public ridicule or humiliation to the
woman or her child, including, but not
limited to, repeated verbal and
emotional abuse, and denial of
financial support or custody of minor
children of access to the woman’s
child/children. (Sec. 5)

III. Battered woman syndrome

Cycle of violence

a. Tension building phase;

Page 338 of 354

Characteristics of the syndrome

a. The woman believes that the violence was

her fault;

b. She has an inability to place the

responsibility for the violence elsewhere;

c. She fears for her life and/or her children’s

life; and

d. She has an irrational belief that the abuser is

omnipresent and omniscient.

Battered woman syndrome as a defense

Victim-survivors who are found by the courts to

be suffering from battered woman syndrome do
not incur any criminal and civil liability
notwithstanding the absence of any of the
elements for justifying circumstances of self-
defense under the Revised Penal Code.

In the determination of the state of mind of the

woman who was suffering from battered woman
syndrome at the time of the commission of the
crime, the courts shall be assisted by expert
psychiatrists/ psychologists. (Sec. 26)

IV. Other relevant rules

Women may be held liable under the law for
lesbian relationships. (Barangay Protection Order
RA 9262: A Primer. Department of Interior and
Local Government, National Barangay
Operations Office, 2004.)

Notably, while it is required that the offender has

or had a sexual or dating relationship with the
offended woman, for RA 9262 to be applicable, it
is not indispensable that the act of violence be a
consequence of such relationship. Nowhere in
the law can such limitation be inferred. Hence,
applying the rule on statutory construction that
when the law does not distinguish, neither should
the courts, then, clearly, the punishable acts refer
to all acts of violence against women with whom
the offender has or had a sexual or dating
relationship. As correctly ruled by the RTC, it is
immaterial whether the relationship had ceased
for as long as there is sufficient evidence
showing

Page 339 of 354

the past or present existence of such that BB had personality to file a petition
relationship between the offender and the for the issuance of a protection order to
victim when the physical harm was benefit her daughter. It was equally ruled
committed. Consequently, the Court that BB
cannot depart from the parallelism in
Ang and give credence to petitioner's
assertionthat the act of violence should be
due to the sexual or dating relationship.
(Dabalos v. RTC, Branch 59, Angeles City,
G.R. No. 193960, 2013)

While the said provision provides that the

offender be related or connected to the
victim by marriage, former marriage, or a
sexual or dating relationship, it does not
preclude the application of the principle of
conspiracy under the RPC. Hence, parents-
in-law may be punished under the said law.
(Go-Tan v. Tan, G.R. No. 168852, 2008)

Case

Pavlov v. Mendenilla, G.R. No. 181489, 2017

AA filed a Complaint-Affidavit against X for

slight physical injuries. Subsequently, filed
an Amended Complaint-Affidavit to include
maltreatment in relation to the Anti-VAWC
Law as a ground. The Assistant Prosecutor
dismissed because she failed to
substantiate her allegations. BB (motherof
AA) filed in the lower court for AA’s benefit,
praying for the issuance of a Temporary
Protection Order or Permanent Protection
Order under the Anti-VAWC Law. BB added
that she had been aware of her daughter's
ordeal and that her daughter was admitted
to St. Agnes General Hospital for injuries
borne by X‘s alleged acts of violence. X
filed Omnibus Motions praying for the
dismissal of BB's petition alleging that he
did notpersonally received it. However, the
court dismissed his claim for the reason
that substituted summons suffice because
he is out of the country. Did BB engage in
forum shopping by filing a petition for the
issuance of a protection order after a
criminal complaint under the Anti- VAWC
Law was dismissed by the prosecutor?

NO. In denying petitioner's

Omnibus Motion, Judge CC ruled
Page 340 of 354
 did not engage in forum shopping despite TOPIC OUTLINE UNDER THE SYLLABUS:
the prosecutor's prior dismissal of a
criminal complaint filed by AA against III. SPECIAL PENAL LAWS
petitioner for slight physical injuries and
maltreatment in relation to the Anti- AA. SPECIAL PROTECTION OF CHILDREN
VAWC Law. Finally, it was established AGAINST ABUSE, EXPLOITATION, AND
that jurisdiction over petitioner's person DISCRIMINATION ACT (RA 7610, AS AMENDED
was properly acquired through BY RA 7658 AND RA 9231)
substituted service.
1. Definition of terms (Sec. 3)
The mother of a victim of acts of violence
2. Punishable acts (Secs. 5 and 10)
against women and their children is expressly
given personality to file a petition for the 3. Other relevant rules
issuance of a protection order by Section 9(b) of
the Anti-VAWC Law. However, the right of a
mother and of other persons mentioned in
Section 9 to file such a petition is suspended
when the victim has filed a petition for herself.
Nevertheless, in this case, respondent BB filed
her petition after her daughter's complaint-
affidavit had already been dismissed.

Thus, in Republic v. Yahon, the Court held that

PGMC may be ordered to automatically deduct a
portion from the retirement benefits of its
member-recipients for direct remittance to the
latter's legal spouse as and by way of support in
compliance with a protection order issued by the
trial court, pursuant to the provisions of Republic
Act No. 9262 (RA 9262) or the Anti-Violence
against Women and Their Children Act of 2004.
The Court declared therein that RA 9262 — which
is a special law; a later enactment; a support
enforcement legislation; and one that addresses
one form of violence, which is economic abuse
against women and children — should be
construed as laying down an exception to the
general rule that retirement benefits are exempt
from execution. The Court therein noted that RA
9262 itself explicitly authorizes the courts to
order the withholding of a percentage of the
income or salary of the defendant or respondent
by theemployer, which shall be remitted directly
to the plaintiff or complainant — other laws to
the contrary notwithstanding. (Pension and
Gratuity Management Center v. AAA, G.R. No.
201292, 2018)

————- end of topic ————-

Page 341 of 354

 AA. SPECIAL PROTECTION OF CHILDREN
AGAINST ABUSE, EXPLOITATION, AND
DISCRIMINATION ACT (RA 7610, AS
AMENDED BY RA 7658 AND RA 9231)
I. Definition of terms
Children
It refers to person below eighteen (18) years of
age OR those over but are unable to fully take
care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental
disability or condition;.
Child abuse
It refers to the maltreatment, whether habitual or
not, of the child which includes any of the
following:
a. Psychological and physical abuse, neglect,
cruelty, sexual abuse and emotional
maltreatment;
b. Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;
c. Unreasonable deprivation of his basic needs
for survival, such as food and shelter; or
d. Failure to immediately give medical
treatment to an injured child resulting in
serious impairment of his growth and
development or in his permanent incapacity
or death.
Circumstances which gravely threaten or
endanger the survival and normal development
of children
This include, but are not limited to, the following:
a. Being in a community where there is armed
conflict or being affected by armed conflict-
related activities;
b. Working under conditions hazardous to life,
safety and normal which unduly interfere
with their normal development;
c.
Living in or fending for themselves in the
streets of urban or rural areas without the
care of parents or a guardian or basic
services needed for a good quality of life;
d. Being a member of a indigenous cultural
community and/or living under conditions
of extreme poverty or in an area which is
underdeveloped and/or lacks or has
inadequate access to basic services needed
for a good quality of life;
e. Being a victim of a man-made or natural
disaster or calamity; or
f. Circumstances analogous to those
abovestated which endanger the life, safety
or normal development of children. (Sec. 3)
II. Punishable acts
Child prostitution and other sexual abuse
Children, whether male or female, who for money,
profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious
conduct (Sec. 5)
Persons liable:
a. Those who engage in or promote, facilitate
or induce child prostitution which include,
but are not limited to, the following:
1. Acting as a procurer of a child
prostitute;
2. Inducing a person to be a client of a
child prostitute by means of written
or oral advertisements or other
similar means;
3. Taking advantage of influence or
relationship to procure a child as
prostitute;
4. Threatening or using violence towards
a child to engage him as a prostitute;
or
5. Giving monetary consideration goods
or other pecuniary benefit to a child
with intent to engage such child in
prostitution. (Sec. 5 (a))
Page 342 of 354
Elements of sexual abuse under Sec. 5 (a)
1. The accused engages in, promotes,
facilitates or induces child prostitution;
2. The act is done through, but not limited to,
the following means:
a. acting as a procurer of a child
prostitute;
b. inducing a person to be a client of a
child prostitute by means of written
or oral advertisements or other
similar means;
c. taking advantage of influence or
relationship to procure a child as a
prostitute;
d. threatening or using violence towards
a child to engage him as a prostitute;
or
e. giving monetary consideration, goods
or other pecuniary benefit to a child
with intent to engage such child in
prostitution;
3. the child is exploited or intended to be
exploited in prostitution; and
4. the child, whether male or female, is below
18 years of age. (People v. Dulay, G.R. No.
193854, 2012)
Sexual abuse under Sec. 5(a) essentially
punishes acts pertaining to or connected
with child prostitution. It contemplates
sexual abuse of a child exploited in
prostitution. In other words, under Sec. 5(a),
the child is abused primarily for profit.
b. Those who commit the act of sexual
intercourse of lascivious conduct with a
child exploited in prostitution or subject to
other sexual abuse.
When victims is under twelve (12) years
of age, the perpetrators shall be
prosecuted under Article 335, paragraph
3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as
the case may be. (Sec. 5(b))
Elements of sexual abuse under Sec. 5(b)
1. The accused commits the act of sexual
intercourse or lascivious conduct;
2. The said act is performed with a child
exploited in prostitution or subjected to
othersexual abuse; and
3. The child, whether male or female, is below
18 years of age. (Garingarao v. People, G.R.
No. 192769, 2011)
For consensual sexual intercourse or
lascivious conduct with a minor, who is not
exploited in prostitution, to thus fall within
thepurview of Section 5(b) of R.A. No. 7610,
"persuasion, inducement, enticement or
coercion" of the child must be present.
(People v. Court of Appeals, G.R. No. 171863,
2008)
Violation of Section 5(b), Article III of RA 7610
and rape are separate and distinct crimes.
The two are separate and distinct crimes.
Thus, petitioner can be held liable for
violation of Section 5(b), Article III of RA 7610
despite a finding that he did not commit rape.
(Malto v. People, G.R. No. 164733, 2007)
Under Section 5(b), Article III of RA 761012 in
relation to RA 8353, if the victim of sexual
abuse14 is below 12 years of age, the
offender should not be prosecuted for
sexual abuse but for statutory rape under
Article 266-A(1)(d) of the Revised Penal
Code15 and penalized with reclusion
perpetua.
On the other hand, if the victim is 12 years or
older, the offender should be charged with
either sexual abuse17 under Section 5(b) of
RA 7610 or rape under Article 266-A (except
paragraph 1[d]) of the Revised Penal Code.
However, the offender cannot be accused of
both crimes18 for the same act because his
right against double jeopardy will be
prejudiced. A person cannot be subjected
twice to criminal liability for a single criminal
act. (People v. Abay, G.R. No. 177752, 2009)
Page 343 of 354
c. Those who derive profit or advantage
therefrom, whether as manager or owner of
the establishment where the prostitution
takes place, or of the sauna, disco, bar,
resort, place of entertainment or
establishment serving as a cover or which
engages in prostitution in addition to the
activity for which the license has been issued
to said establishment. (Sec. 5(c))
Other acts of neglect, abuse, cruelty or
exploitation and other conditions prejudicial to
the child's development
a. Any person who shall commit any other acts
of child abuse, cruelty or exploitation or to be
responsible for other conditions prejudicial
to the child's development including those
covered by Article 59 of Presidential Decree
No. 603, as amended, but not covered by the
Revised Penal Code, as amended
b. Any person who shall keep or have in his
company a minor, twelve (12) years or under
or who in ten (10) years or more his junior in
any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or
other tourist resort or similar places.
This provision shall not apply to any person who
is related within the fourth degree of
consanguinity or affinity or any bond
recognized by law, local custom and tradition
or acts in the performance of a social,
moralor legal duty.
c. Any person who shall induce, deliver or offer
a minor to any one prohibited by this Act to
keep or have in his company a minor as
provided in the preceding paragraph.
d. Any person, owner, manager or one
entrusted with the operation of any public
orprivate place of accommodation, whether
for occupancy, food, drink or otherwise,
including residential places, who allows any
person to take along with him to such place
or places any minor herein described.
e. Any person who shall use, coerce, force or
intimidate a street child or any other child to;
1.
Beg or use begging as a means of
living;
2. Act as conduit or middlemen in
drugtrafficking or pushing; or
3. Conduct any illegal activities
III. Other relevant rules
Cases
People v. Udang, Sr. y Sevilla, G.R. No. 210161,
2018
X was charged with two counts of rape against Y,
who at the time was a minor, in Violation of Article
266-A in relation to Sec. 5 (b) of R.A. 7610. X
raped 13-year-old Y in his house while Y was
intoxicated, once in Sept 2003 and again on
December 2003. The RTC and CA convicted X of
rape under Article 266-A(1) of the Revised Penal
Code, instead of sexual abuse under Section 5(b)
of Republic Act No. 7610. It ratiocinated that
while the allegations in the first and second
Informations satisfied the elements of rape
underthe first and third paragraphs of Article 266
-A, respectively, the charges can only be one (1)
for rape under the first paragraph of Article 266-
A because an accused cannot be prosecuted
twice for a single criminal act. Was X correctly
convicted of rape punished under the first
paragraph of Article 266-A of the Revised Penal
Code?
No, X was charged and convicted for
violation of Section 5 (b), Article III of RA
7610, not rape. The offense for which he
was convicted is punished by a special
law while rape is a felony under the
Revised Penal Code. They have different
elements. The two are separate and
distinct crimes. Thus, X can be held liable
for violation of Section 5 (b), Article III of
RA 7610 despite a finding that he did not
commit rape. Unlike rape, consent is
immaterial in cases involving violation of
Section 5, Article III of RA 7610.
Page 344 of 354
Perez v. People, G.R. No. 201414, 2018

X was found guilty beyond reasonable doubt of

violating Section 5 (b) of Republic Act No. 7610.
The prosecution alleged that X committed child
abuse when he followed minor Y into the kitchen,
kissed her nape, told her to keep quiet, and
inserted his finger inside her vagina while
mashing her breasts. The elements of the offense
aforementioned are: (1) the accused commits
the acts of sexual intercourse or lascivious
conduct;
(2) the said act is performed with a child
exploited in prostitution or subjected to other
sexual abuse;and, (3) the child, whether male or
female, is below 18 years of age. X contends that
assumingthe crime is committed, it should only
be acts of lasciviousness since the prosecution
was not able to prove the second element. Is X
liable onlyfor acts of lasciviousness since not all
the elements of child abuse under R.A. 7610
were present?

No. Section 5 (b) of Republic Act No.

7610 refers to a specification only as to
who is liable and the penalty to be
imposed. The person who engages in
sexual intercourse with a child already
coerced is liable. Children who are
likewise coerced in lascivious conduct
are “deemed to be children exploited in
prostitution and other sexual abuse.”
Therefore, all the elements of the crime
were present.

Fernandez y Medina v. People, G.R. 217542,

2018

X was the house helper turned stepmother of two

children Y and Z. While in the beginning their
relationship was fine, X eventually started
inflicting abuse on Y and Z. X would beat the kids,
use pliers to pinch and crimp their ears, kick them
and hit them with various household items, and
would force them to lie about how they acquired
their injuries. It was only after some prodding
from their teacher that Z disclosed the abuse,
she andher brother Y were suffering at the hands
of X. Their teacher reported this to the principal
who then called in a barangay councilor. After
talks with a Department of Social Welfare and

Page 345 of 354

Development (DSWD) representative, a year old minorwith a T-shirt hitting his neck and
case was filed against X for committing shoulder and causing him to fall down on the
child abuse in violation of RA 7610. Being stairs of the barangay hall, to the damage and
found guilty by both the trial court and the prejudice of the said victim in the amount to be
appellate court, X appealed. X argues that proved during trial. Based on the physical
the lower courts erred in finding her guilty examination conducted byDr. Y, AA sustained a
because the children’s testimonies were contusion. A is the victim
inconsistent with each other, evidencing
that they were coached. Are
inconsistencies in the testimony of
children enough to acquit a person from
violating RA 7610?

NO. Though there were some

inconsistencies in the details of
the abuse, this does not detract
from the veracity of their
testimonies. As the Court of
Appeals correctly ruled, the
straightforward, candid, and
intrepid revelation of Y and Z is
more convincing and plausible
compared to the weak and
uncorroborated defense of X.
Courts expect minor
inconsistencies when a child-
victim narrates the details of a
harrowing experience, especially
when the details are too painful to
recall. Such inconsistencies only
prove that the child- victim was
unrehearsed, especially when the
discrepancies are minor details
irrelevant to the elements of the
crime, and thus, cannot be
considered as grounds for
acquittal. Y and Z’s testimonies
sufficiently established that X
committed physical violence
against them. They validated their
testimonieswith properly identified
photos depicting the injuries they
had suffered, further corroborated
by their medical certificates. Thus,
there is sufficient basis to conclude
that they were telling the truth.

Torres y Salera v. People, G.R. No. 206627, 2017

B, with intent to harm and humiliate, did

then andthere, abuse, slap and whip A, a 14
Page 346 of 354
and B is the uncle of A. Is the prejudice to the
development of the child necessary in violating
Republic Act No. 7610?
NO, prejudice to the development of the
child is not a necessary element of the
crime but constitutes another act
different the 3 other acts which are
enumerated in the same provision: child
abuse, child cruelty and child exploration.
The act of whipping a child three (3)
times in the neck with a wet t-shirt
constitutes child abuse. The victim, AA,
was a child whenthe incident occurred.
Article VI, Section 10(a) of Republic Act
No. 7610 punishes not only those
enumerated under Article 59 of
Presidential Decree No. 603, but also
four distinct acts, i.e., (a) child abuse, (b)
child cruelty, (c) child exploitation and (d)
being responsible for conditions
prejudicial to the child's development.
AA is entitled to protection under
Republic Act No. 7610. Further, the use
of "or" in Section 10(a) of Republic Act
No. 7610 before the phrase "be
responsible for other conditions
prejudicial to the child's development"
supposes that there are four punishable
acts therein. First, the act of child abuse;
second, child cruelty; third, child
exploitation; and fourth, being
responsible for conditions prejudicial to
the child's development. The fourth
penalized act cannot be interpreted as a
qualifying condition for the three other
acts, because an analysis of the entire
context of the questioned provision
doesnot warrant such construal.
Lucido v. People, G.R. No. 217764, 2017
X was accused, and convicted, of child abuse
under §10(a) of RA 7610, or otherwise known as
the Special Protection of Children against Child
Abuse, Exploitation and Discrimination Act. X
beat with the use of a belt, pinched and
strangulated Y, an 8-year-old child placed under
her care. X claims that the prosecution failed to
prove the infliction of physical injuries on the child,
and tried to impugn ill motives on the
prosecution’s Witness Z. X also claims that the
prosecution failed to prove the infliction of
physical injuries on the child has “prejudiced the
child’s development” as required by §10(a) of RA
7610. Further, X asserts that she should have
been charged with slight physical injuries under
the RPC and not child abuse under RA 7610. Is X
guilty of child abuse in violation of §10(a) of RA
7610?
Yes. At the time of the physical abuse, Y
was a child entitled to the protection of
RA 7610. Under Article 1, §3(b) of RA
7610, physical abuse, whether habitual
or not, constitute child abuse. The
testimonies of Y, Z, Y’s father, and the
medical findings all support the fact that
physical abuse did occur. The SC held
that §10(a) of RA 7610 punished 4
distinct offenses which are (1) child
abuse, (2) child cruelty, (3) child
exploitation, and (4) being responsible for
the conditions prejudicial to the child’s
development. The element that acts must
be prejudicial to the child’s development
pertains only to the fourth offense.
Finally, the SC distinguishes the factual
circumstances between this case and
that of Bongalon v People, where the
Bongalon was overwhelmed by the
protective instincts of a father and
slapped the minor complainant’s left
cheek and hit his back. It is not applicable
in this case because X’s maltreated Y
though repeated acts of physical abuse.
It must be stressed that crimes
punished by RA 7610 are mala
prohibitum. Intent to debase, degrade or
demean the minor is not essential to
establish guilt.
People v. Tulagan, G.R. No. 227363, 2019
In People vs. Tulagan, the Supreme Court madea
comparison of the elements of rape under the
RPC and sexual intercourse with a child under
Section 5(b) of the Child Abuse Law where the
Page 347 of 354
offended party is between 12 years old and below
18:

RAPE UNDER SECTION 5 (1) OF

ARTICLE 266-A (1) R.A. NO. 7610
(A, B, C) UNDER
THE RPC

1. Offender is a man; 1. Offender is a man;

2. Carnal knowledge 2. Indulges in sexual

of a woman; intercourse with a
female child
exploited in
prostitution or
othersexual abuse,
who is 12 years old
or below 18 or
above 18 under
special
circumstances;
3. Through force, 3. Coercion or
threat or influence of any
intimidation; adult, syndicate or
when the group is employed
offended party is against the child to
deprived of become a
reason or prostitute.
otherwise
unconscious;
and by means of
fraudulent
machination or
grave abuse of
authority.

Page 348 of 354

In the same case, the Supreme Court made the following designation of crime and its penalty:

Age of Victim
Under 12 years old or 12 years old or below 18, or 18 years old
Crime Committed demented 18 under special and above
circumstances

Acts of Lasciviousness Lascivious conduct under N/A

Acts of
under Article 336 of the Section 5 (b) of R.A. No. 7610:
Lasciviousness
RPC in relation to Section reclusion temporal in its
committed against
5 (b) of R.A. No. medium period to reclusion
children exploited in
7610: reclusion perpetua
prostitution or other
temporal in its medium
sexual abuse
period

Sexual Assault under Lascivious Conduct under N/A

Sexual Assault Article 266-A (2) of the
committed against RPC in relation to Section
children exploited in 5 (b) of R.A. No.
prostitution or other 7610: reclusion
sexual abuse temporal in its medium
period
Section 5 (b) of R.A. No. 7610:
reclusion temporal in its
medium period to reclusion
perpetua

Rape under Article 266-A Sexual Abuse 77 under N/A

Sexual Intercourse (1) of the RPC: reclusion
committed against perpetua, except when
children exploited in the victim is below 7 years
prostitution or other old in which case death
sexual abuse penalty shall be imposed
76
Section 5 (b) of R.A. No.
7610: reclusion temporal in its
medium period to reclusion
perpetua

Rape under Article 266-A Rape under Article 266-A (1) in Rape under
(1) in relation to Art. 266-B relation to Art. 266-B of the Article 266-A
of the RPC: reclusion RPC: reclusion perpetua (1) of the
Rape by carnal
perpetua, except when RPC: reclusion
knowledge
the victim is below 7 years perpetua
old in which case death
penalty shall be imposed

Sexual Assault under Lascivious Conduct under Sexual

Article 266-A (2) of the Section 5 (b) of R.A. No. 7610: Assault under
RPC in relation to Section reclusion temporal in its Article 266-A
Rape by Sexual
5 (b) of R.A. No. medium period to reclusion (2) of the
Assault
7610: reclusion perpetua RPC: prision
temporal in its medium mayor
period

————- end of topic ————-

Page 349 of 354

 TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
BB. SAFE SPACES ACT (RA 11313)
1. Definition of terms
2. Gender-based streets and public spaces
sexual harassment
3. Gender-based online sexual harassment
4. Qualified gender-based streets, public
spaces and online sexual harassment
5. Gender-based sexual harassment in the
workplace
6. Gender-based sexual harassment in
educational and training institutions
BB. SAFE SPACES ACT (RA 11313)
I. Definition of terms
Catcalling
It is unwanted remarks directed towards a
person, commonly done in the form of wolf-
whistling and misogynistic, transphobic,
homophobic, and sexist slurs;
Employee
A person, who in exchange for remuneration,
agrees to perform specified services for another
person, whether natural or juridical, and whether
private or public, who exercises fundamental
control over the work, regardless of the term or
duration of agreement
For the purposes of this law, a person who is
detailed to an entity under a subcontracting or
secondment agreement shall be considered an
employee;
Employer
A person who exercises control over an employee
For the purpose of this Act, the status or
conditions of the latter's employment or
engagement shall be disregarded;
Gender
It is a set of socially ascribed characteristics,
norms, roles, attitudes, values and expectations
identifying the social behavior of men and
women, and the relations between them;
Gender-based online sexual harassment
It is an online conduct targeted at a particular
person that causes or likely to cause another
mental, emotional or psychological distress, and
fear of personal safety, sexual harassment acts
including unwanted sexual remarks and
comments, threats, uploading or sharing of
one'sphotos without consent, video
and audiorecordings, cyberstalking
and online identity theft;
Gender identity and/or expression
It is the personal sense of identity as
characterized, among others, by manner of
clothing, inclinations, and behavior in relation to
Page 350 of 354
 masculine or feminine conventions. A person may
have a male or female identity with physiological
characteristics of the
opposite sex, in which case this person is
considered transgender;
Public Spaces
It refers to streets and alleys, public parks,
schools, buildings, malls, bars, restaurants,
transportation terminals, public markets, spaces
used as evacuation centers, government offices,
public utility vehicles as well as private vehicles
covered by app-based transport network services
and other recreational spaces such as, but not
limited to, cinema halls, theaters and spas; and
Stalking
It is conduct directed at a person involving the
repeated visual or physical proximity, non-
consensual communication, or a combination
thereof that cause or will likely cause a person
to fear for one's own safety or the safety of
others, or to suffer emotional distress. (Sec. 3)
II. Gender-based streets and public spaces
sexual harassment
The following acts are unlawful and shall be
penalized as follows:
a. For acts such as cursing, wolf-whistling,
catcalling, leering and intrusive gazing,
taunting, pursing, unwanted invitations,
misogynistic, transphobic, homophobic, and
sexist slurs, persistent unwanted
comments on one’s appearance, relentless
requests for one’s personal details such as
name, contact and social media details or
destination, the use of words, gestures or
actions that ridicule on the basis of sex,
gender or sexual orientation, identity and/or
expression including sexist, homophobic,
and transphobic statements and slurs, the
persistent telling of sexual jokes, use of
sexual names, comments and demands,
and any statement that has made an
invasion on a person’s personal space or
threatens the person’s sense of personal
safety;
b.
Acts such as making offensive body
gestures at someone, and exposing private
parts for the sexual gratification of the
perpetrator with the effect of demeaning,
harassing, threatening or intimidating the
offended party including flashing of private
parts, public masturbation, groping, and
similar lewd sexual actions; and,
c. Acts such as stalking, and any of the acts
mentioned in items (a) and (b), when
accompanied by touching, pinching or
brushing against the body of the offended
person; or any touching, pinching, or
brushing against the genitalia, face, arms,
anus, groin, breasts, inner thighs, face,
buttocks or any part of the victim’s body even
when not accompanied by acts mentioned in
items (a) and (b).
Places covered
Streets, public spaces, restaurants, bars,
cinemas, malls, buildings and other privately-
owned places and in public utility vehicles (PUVs)
III. Gender-based online sexual harassment
Acts that use information and communications
technology in terrorizing and intimidating victims
through the following:
a. physical, psychological, and emotional
threats, unwanted sexual misogynistic,
transphobic, homophobic and sexist
remarks and comments online whether
publicly or through direct and private
messages,
b. invasion of victim’s privacy through
cyberstalking and incessant messaging;
c. uploading and sharing without the consent of
the victim, any form of media that contains
photos, voice, or video with sexual content,
any unauthorized recording and sharing of
any of the victim’s photos, videos, or any
information online; or,
d. impersonating identities of victims online or
posting lies about victims to harm their
reputation, or filing, false abuse reports to
online platforms to silence victims.
Page 351 of 354
ATENEO CENTRAL
BAR OPERATIONS 2020/21
IV. Qualified gender-based streets, public
spaces and online sexual harassment
The penalty next higher in degree will be applied
in the following cases:
a. If the act takes place in a common carrier
or PUV, including, but not limited to,
jeepneys, taxis, tricycles, or app-based
transport network vehicle services, where
the perpetrator is the driver of the vehicle
and the offended party is a passenger;
b. If the offended party is a minor, a senior
citizen, or a person with disability (PWD), or
a breastfeeding mother nursing her child;
c. If the offended party is diagnosed with a
mental problem tending to impair consent;
d. If the perpetrator is a member of the
uniformed services, such as the PNP and
the Armed Forces of the Philippines (AFP),
and the act was perpetrated while the
perpetrator was in uniform; and
e. If the act takes place in the premises of a
government agency offering frontline
services to the public and the perpetrator is
a government employee.
V. Gender-based sexual harassment in the
workplace
The crime of gender-based sexual harassment in
the workplace includes the following:
a. 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 mail
or through any other forms of information
and communication systems, that has or
could have a detrimental effect on the
conditions of an individual’s employment or
education, jobperformance or opportunities;
b. A conduct of sexual nature and other
conduct-based on sex affecting the dignity
of a person, which is unwelcome,
unreasonable, and offensive to the recipient,
whether done verbally, physically or through
the use of technology such as text
messaging or electronic mail or through any
CRIMINAL LAW
other forms of information and
communication systems;
c. A conduct that is unwelcome and pervasive
and creates an intimidating, hostile or
humiliating environment for the recipient.
That the crime of gender-based sexual
harassment may also be committed between
peers and those committed to a superior
officer by a subordinate, or to a teacher by a
student, or to a trainer by a trainee; and
d. Information and communication system
refers to a system for generating, sending,
receiving, storing or otherwise processing
electronic data messages or electronic
documents and includes the computer
system or other similar devices by or in
which data are recorded or stored and any
procedure related to the recording or storage
of electronic data messages or electronic
documents.
VI. Gender-based sexual harassment in
educational and training institutions
All schools, whether public or private, shall
designate an officer-in-charge to receive
complaints regarding violations of this Act, and
shall, ensure that the victims are provided with a
gender-sensitive environment that is both
respectful to the victims’ needs and conducive
totruth-telling.
Every school must adopt and publish grievance
procedures to facilitate the filing of complaints
by students and faculty members. Even if an
individual does not want to file a complaint or
does not request that the school take any action
on behalf of a student or faculty member and
school authorities have knowledge or reasonably
know about a possible or impending act of
gender-based sexual harassment or sexual
violence, the school should promptly investigate
to determine the veracity of such information or
knowledge and the circumstances under which
the act of gender-based sexual harassment or
sexual violence were committed, and take
appropriate steps to resolve the situation.
Page 352 of 354
If a school knows or reasonably should know
about acts of gender-based sexual harassment or
sexual violence being committed that creates a
hostile environment, the school must take
immediate action to eliminate the same acts,
prevent their recurrence, and address their
effects. Once a perpetrator is found guilty, the
educational institution may reserve the right to
strip the diploma from the perpetrator or issue
anexpulsion order.
Liability of students
Minor students who are found to have
committed acts of gender-based sexual
harassment shall only be held liable for
administrative sanctions bythe school as stated
in their school handbook.
————- end of topic ————-
TOPIC OUTLINE UNDER THE SYLLABUS:
III. SPECIAL PENAL LAWS
CC. DATA PRIVACY ACT (RA 10173)
1. Definition of terms (Sec. 3)
2. Scope of application (Sec. 4)
3. Extraterritorial application (Sec. 5)
4. Punishable acts
CC.DATA PRIVACY ACT (RA 10173)
I. Definition of terms
Consent of the data subject
It refers to any freely given, specific, informed
indication of will, whereby the data subject agrees
to the collection and processing of personal
information about and/or relating to him or her.
Consent shall be evidenced by written, electronic
or recorded means. It may also be given on behalf
of the data subject by an agent specifically
authorized by the data subject to do so.
Data subject
An individual whose personal information is
processed
Information and communications system
It refers to a system for generating, sending,
receiving, storing or otherwise processing
electronic data messages or electronic
documents and includes the computer system
or other similar device by or which data is
recorded, transmitted or stored and any
procedure related to the recording, transmission
or storage of electronic data, electronic message,
or electronicdocument.
Personal information
It is any information whether recorded in a
material form or not, from which the identity of
an individual is apparent or can be reasonably
and directly ascertained by the entity holding the
information, or when put together with other
information would directly and certainly identify
an individual.
Personal information controller
It is a person or organization who controls the
collection, holding, processing or use of personal
information, including a person or organization
who instructs another person or organization
tocollect, hold, process, use, transfer or
disclosepersonal information on his or her
behalf.
Page 353 of 354
The term excludes:
1. A person or organization who performs
such functions as instructed by another
person ororganization; and
2. An individual who collects, holds, processes
or uses personal information in connection
with the individual's personal, family or
household affairs.
Personal information processor
It is any natural or juridical person qualified to act
as such under this Act to whom a personal
information controller may outsource the
processing of personal data pertaining to a data
subject.
Privileged information
It refers to any and all forms of data which under
the Rules of Court and other pertinent laws
constitute privileged communication.
Sensitive personal information
It refers to personal information:
a. About an individual’s race, ethnic origin,
marital status, age, color, and religious,
philosophical or political affiliations;
b. About an individual’s health, education,
genetic or sexual life of a person, or to any
proceeding for any offense committed or
alleged to have been committed by such
person, the disposal of such proceedings, or
the sentence of any court in such
proceedings;
c. Issued by government agencies peculiar to
an individual which includes, but not limited
to, social security numbers, previous or cm-
rent health records, licenses or its denials,
suspension or revocation, and tax returns;
and
d. Specifically established by an executive
order or an act of Congress to be kept
classified.
II. Scope
This applies to the processing of all types of
personal information and to any natural and
juridical person involved in personal
information processing including those
personal information controllers and processors
who, although not found or established in the
Philippines, use equipment that are located in the
Philippines, or those who maintain an office,
branch or agency in the Philippines subject to the
immediately succeeding paragraph.
This Act does not apply to the following:
a. Information about any individual who is or
was an officer or employee of a
government institution that relates to the
position or functions of the individual,
including:
1. The fact that the individual is or was
an officer or employee of the
government institution;
2. The title, business address and office
telephone number of the individual;
3. The classification, salary range and
responsibilities of the position held
bythe individual; and
4. The name of the individual on a
document prepared by the individual
in the course of employment with the
government;
b. Information about an individual who is or
wasperforming service under contract for a
government institution that relates to the
services performed, including the terms of
the contract, and the name of the individual
given in the course of the performance of
those services;
c. Information relating to any discretionary
benefit of a financial nature such as the
granting of a license or permit given by the
government to an individual, including the
name of the individual and the exact nature
of the benefit;
d. Personal information processed for
journalistic, artistic, literary or research
purposes;
e. Information necessary in order to carry out
the functions of public authority which
includes the processing of personal data
for the performance by the independent,
central monetary authority and law
enforcement and regulatory agencies of
their constitutionally and statutorily
mandated functions. Nothing in this Act
shall be construed as to have amended or
Page 354 of 354
repealed Republic Act No.

Page 355 of 354

 1405, otherwise known as the Secrecy of 2.
Bank Deposits Act; Republic Act No. 6426,
otherwise known as the Foreign Currency
Deposit Act; and Republic Act No. 9510,
otherwise known as the Credit Information
System Act (CISA);
f. Information necessary for banks and other
financial institutions under the jurisdiction
of the independent, central monetary
authority or Bangko Sentral ng Pilipinas to
comply with Republic Act No. 9510, and
Republic Act No. 9160, as amended,
otherwise known as the Anti-Money
Laundering Act and other applicable laws;
and
g. Personal information originally collected
from residents of foreign jurisdictions in
accordance with the laws of those foreign
jurisdictions, including any applicable data
privacy laws, which is being processed in the
Philippines. (Sec. 4)

III. Extraterritorial application

This applies to an act done or practice engaged
in and outside of the Philippines by an entity if:
a. The act, practice or processing relates to
personal information about a Philippine
citizen or a resident;
b. The entity has a link with the Philippines, and
the entity is processing personal
information in the Philippines or even if the
processing isoutside the Philippines as long
as it is aboutPhilippine citizens or residents
such as, but not limited to, the following:
1. A contract is entered in the
Philippines;
2. A juridical entity unincorporated in
the Philippines but has central
management and control in the
country; and
3. An entity that has a branch, agency,
office or subsidiary in the
Philippines and the parent or
affiliate of the Philippine entity has
access to personal information; and
c. The entity has other links in the Philippines
such as, but not limited to:
1. The entity carries on business in the
Philippines; and
Page 356 of 354
 The personal information was h. Unauthorized disclosure – Any personal
collected or held by an entity information controller or personal
in the Philippines. (Sec. 5) information processor or any of its
officials,
IV. Punishable acts
The following acts shall be punished:
a. Unauthorized processing of personal
information and sensitive personal
information (Sec. 25)
b. Accessing personal information and
sensitive personal information due to
negligence (Sec. 26)
c. Improper disposal of personal
information and sensitive personal
information – Persons who knowingly
or negligently dispose, discard or
abandon the personal information of
an individual in an area accessible to
the public or has otherwise placed the
personal information of an individual
in its container for trash collection
(Sec. 27)
d. Processing of personal information
and sensitive personal information for
unauthorized purposes (Sec. 28)
e. Unauthorized access or intentional
breach – Persons who knowingly and
unlawfully, or violating data
confidentiality and security data
systems, breaks in any way into any
system where personal and sensitive
personal information is stored. (Sec.
29)
f. Concealment of security breaches
involving sensitive personal
information – Persons who, after
having knowledge of a security breach
and of the obligation to notify the
Commission pursuant to Section 20(f),
intentionally or by omission conceals
the fact of such security breach (Sec.
30)
g. Malicious disclosure – Any personal
information controller or personal
information processor or any of its
officials, employees or agents, who,
with malice or in bad faith, discloses
unwarranted or false information
relative to any personal information or
personal sensitive information
obtained by him or er (Sec. 31) Page 357 of 354
 employees or agents, who discloses to a TOPIC OUTLINE UNDER THE SYLLABUS:
third party personal and sensitive personal
information not covered by the immediately III. SPECIAL PENAL LAWS
preceding section without the consent of
thedata subject (Sec. 32) Note: This topic is included in the List of
Relevant Materials for Special Penal Laws, but
V. Extent of liability not expressly included under the syllabus for
the said subject.
If the offender is a/an
a. Juridical person DD. INDETERMINATE SENTENCE LAW (ACT
The penalty shall be imposed upon the 4103, AS AMENDED BY ACT NO. 4225 AND RA
responsible officers, as the case may be, 4225)
who participated in, or by their gross
negligence, allowed the commission of 1. Concept
the crime. The court may also suspend or
revoke any of its rights under this Act. 2. Who are disqualified
b. Alien
3. Release of prisoner on parole
He or she shall, in addition to the
penalties herein prescribed, be deported 4. Reasons for fixing the maximum
without further proceedings after andminimum terms in the
servingthe penalties prescribed. indeterminate sentence
c. Public official
If the offender is a public official or 5. Other relevant rules
employee and lie or she is found guilty of
acts penalized under Sections 27 and 28
of this Act, he or she shall, in addition to
the penalties prescribed herein, suffer
perpetual or temporary absolute
disqualification from office, as the case
may be.

When the offender or the person

responsible for the offense is a public
officer as defined in the Administrative
Code of the Philippines in the exercise of
his or her duties, an accessory penalty
consisting in the disqualification to
occupy public office for a term double
the term of criminal penalty imposed
shall heapplied. (Sec. 36)

Committed in large scale

When the personal information of at least one
hundred (100) persons is harmed, affected or
involved as the result of the above mentioned
actions, the violation of this Act is considered
committed in large scale. (Sec. 35)

————- end of topic ————-

Page 358 of 354

DD. INDETERMINATE SENTENCE LAW (ACT
4103, AS AMENDED BY ACT NO. 4225AND
RA 4225)
I. Concept
The Indeterminate Sentence Law (“ISL”) provides
for a maximum and minimum, instead of a
single fixed penalty. The prisoner must be
sentenced toimprisonment for a period which is
not more thanthe maximum and not less than the
minimum. The period between the minimum and
maximum is indeterminate in the sense that the
prisoner may be exempted from serving said
indeterminateperiod in whole or in part.
For a prisoner to be eligible for parole, he must
serve the minimum.
The law does not impair the powers of the Chief
Executive under the Administrative Code.
If crime is based on RPC
MAXIMUM penalty: What is imposed in the RPC,
considering the modifying circumstances.
MINIMUM penalty: One DEGREE lower of the
maximum penalty imposed in the RPC, without
considering the modifying circumstances.
If crime is based on SPL
MAXIMUM penalty: Maximum term fixed by the
law
MINIMUM penalty: Any period, but not lower than
the minimum fixed by the special law.
However, if the special adopts the nomenclature
of penalties under the RPC, the determination of
the indeterminate sentence will be based in the
rules applied for those crimes under the RPC.
(Cahulogan v. People, G.R. No. 225695, 2018)
Purpose: To uplift and redeem valuable human
material and prevent unnecessary and excessive
deprivation of liberty and economic usefulness
(People v. Ducosin, G.R. No. L-38332, 1933).
Illustration
CRIME PUNISHED UNDER RPC
Case: In a frustrated homicide case, the
penalty for which is prision mayor in its
medium (given that it is only frustrated,
thus it is lower by one degree).
NO mitigating and aggravating
circumstance
MAX Prision mayor, medium
Anywhere within the range of
MIN prision correccional, being the
next lower than prision mayor
With ONE MITIGATING circumstance
and NO AGGRAVATING circumstance
MAX Prision mayor, minimum
Anywhere within the range of
MIN prision correccional without
reference to any of its period
With ONE AGGRAVATING circumstance
MAX Prision mayor, maximum
Anywhere within the range of
MIN prision correccional without
reference to any of its period
With ONE PRIVILEGED MITIGATING or
TWO MITIGATING circumstances, NO
AGGRAVATING circumstance
MAX Prision correccional, medium
Anywhere within the range of
MIN
arresto mayor
CRIME PUNISHED UNDER SPL
Case: A is convicted of illegal possession of
firearms punishable by 1 year and 1 day to 8
years of imprisonment.
Shall not exceed 8 years as fixed
MAX
by law
Shall not be less than the
MIN minimum period of 1 year and 1
day as prescribed by law
II. Who are disqualified
The ISL shall not apply to the following persons:
a. Sentenced to reclusion perpetua or life
imprisonment or death penalty;
Page 359 of 354
b. Convicted of treason, or conspiracy or
proposal to commit treason;
c. Convicted of misprision of treason, rebellion,
sedition or espionage;
d. Convicted of piracy;
e. Habitual delinquents;
f. Escaped from confinement as a prisoner, or
evaded sentence;
g. Granted with conditional pardon by the
President, but violated the terms thereof;
h. Maximum term of imprisonment actually
imposed does not exceed one (1) year;
i. When penalty is other than prison sentence
(e.g., destierro or suspension only)
j. Pendency of another case;
k. When application of ISL will not be favorable
to the accused;
l. Those who are already sentenced by final
judgment upon the approval of ISL, except
Sec. 5 (Release of prisoner on parole).
III. Release of prisoner on parole
The Board of Indeterminate Sentence may
authorize the release of a prisoner on parole,
upon such terms and conditions as prescribed,
after he shall have served the minimum penalty
imposed on him, provided that it shall appear to
the Board from the reports of the prisoner’s
work and conduct and from study and
investigation made by the Board that:
a. Such prisoner is fitted by his training for
release;
b. There is reasonable probability that he will
and live and remain at liberty without
violating the law; and,
c. The release will not be incompatible with the
welfare of society.
Even if a prisoner has already served the
minimum penalty imposed, if he is not fit for
release on parole, he shall continue serving his
sentence until the end of his maximum term.
Duty of paroled prisoner
During the period of surveillance, the paroled
prisoner shall:
a. Report personally to proper government
officials or other parole officers appointed
bythe Board;
b. Show himself to be a law-abiding citizen;
and,
c. Shall not violate any law.
The Board may limit his residence and change it
from time to time.
The final certificate of release shall issue ONLYif
during the period of surveillance, the paroled
prisoner successfully satisfies items (b) and (c)
ofhis duties above-mentioned.
Violation of conditions of parole
When the paroled prisoner violates any of the
conditions of his parole:
a. The Board may issue an order for his arrest
which may be served in any part of the
Philippines by any police officer; and,
b. The prisoner shall serve the remaining
unexpired portion of the maximum
sentence originally imposed upon him,
UNLESS the Board will grant him another
parole.
IV. Reasons for fixing the maximum and
minimum terms in the indeterminate
sentence
The minimum and maximum terms in the
Indeterminate Sentence must be fixed, because
they are the basis for the following:
a. Eligibility for parole – It is when he has
served the MINIMUM penalty imposed on
him, and upon determination by the Board to
be fit for parole.
b. Determination of the sentence to be
imposed when the paroled prisoner violates
any of theconditions of his parole during the
period of surveillance – In such case, he
may be rearrested to serve the remaining
unexpired portion of the MAXIMUM
sentence.
Page 360 of 354
c. Determination of period when the prisoner is TOPIC OUTLINE UNDER THE SYLLABUS:
to stay imprisoned – Even if a prisoner has
already served the MINIMUM, but he is not III. SPECIAL PENAL LAWS
fit for release on the parole, he shall continue
to serve until the end of the MAXIMUM term. Note: This topic is included in the List of
Relevant Materials for Special Penal Laws, but
V. Other relevant rules not expressly included under the syllabus for
the said subject.
Article III, Sec 19(1) of the 1987 Constitution
which states that “Any death penalty already EE. PROBATION LAW (PD 968 AS AMENDEDBY
imposed shall be reduced to reclusion perpetua” PD 1257, BP 76, PD 1990 and RA 10707)
does not change the periods of the penalty
prescribed by Article 248 of the RPC, except only 1. Definition of terms
insofar as it prohibits the imposition of the death
penalty and reduces it to reclusion perpetua. The 2. When applied for
range of the medium and minimum penalties
3. Grant/Denial of probation; Conditions
remain unchanged. (People v. Muñoz, G.R. No. L-
38969-70, 1989) 4. Disqualified offenders
————- end of topic ————- 5. Period of probation

6. Arrest of probationer

7. Termination of probation

Page 361 of 354

EE. PROBATION LAW (PD 968 AS AMENDEDBY
PD 1257, BP 76, PD 1990 and RA
10707)
I. Definition of terms
Probation
Probation is a special privilege granted by the
state to a penitent qualified offender. It
essentially rejects appeals and encourages an
otherwise eligible convict to immediately admit
his liability and save the state of time, effort and
expenses to jettison an appeal. The law
expressly requires that an accused must not
have appealed hisconviction before he can avail
of probation. (Francisco v. Court of Appeals, G.R.
No. 108747,1995)
It 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.
Probationer
He is a person placed on probation.
Probation officer
He is a person who investigates for the court,
makes a referral for probation, supervises a
probationer or both, and performs other related
duties as directed.
II. When applied for
Probation is applied for after conviction and
sentencing of a defendant for a probationable
penalty and upon application within the period
of perfecting an appeal.
General Rule: A perfected appeal from the
judgment of conviction bars the grant of the
privilege of probation. The remedies of appeal
and probation are alternative and mutually
exclusive of each other.
Exception: Appeal for correction of a non-
probationable penalty
When a judgment of conviction imposing a non-
probationable penalty is appealed or reviewed,
and such judgment is modified through the
imposition of a probationable penalty, the
defendant shall be allowed to apply for
probationbased on the modified decision before
such decision becomes final. The application for
probation based on the modified decision shall be
filed in the trial court where the judgment of
conviction imposing a non-probationable penalty
was rendered, or in the trial court where such
case has since been re-raffled. (Colinares v.
People, G.R. No. 182748, 2011)
III. Grant/Denial of probation; Conditions
Rules and effects of filing and grant/denial of
application for probation
a. Filing of application for probation operates
as a waiver of the right to appeal.
b. If the defendant has perfected an appeal, no
application will be granted.
c. After having convicted and sentenced a
defendant, the trial court may suspend the
execution of the sentence, and place the
defendant on probation, upon application by
the defendant within the period for
perfectingan appeal.
d. Probation may be granted whether the
sentence imposes the penalty of
imprisonment or fine only.
e. The order granting or denying probation
shall not be appealable since probation is
not an absolute right.
f. Accessory penalties are deemed suspended
once probation is granted.
g. The convict is not immediately placed on
probation. There shall be a prior
investigation by the probation officer and a
determination by the court.
Page 362 of 354
 Conditions of grant of probation Those who have perfected an appeal;

The probationer shall: g. Those who were convicted of drug

a. Present himself to his probation officer
designated to undertake his supervision at a
place specified in the order within 72 hours
from receipt of said order;
trafficking or drug pushing under RA 9165,
Sec. 24;
h. Those who were convicted of election
offenses under the Omnibus Election Code;

b. Report to his probation officer at least once i. If placing the offender on probation will
a month at such time and place as NOT serve the end of justice or the best
specifiedby said officer; and, interest of the society and the offender
himself;
c. Other additional conditions that the court
may require as listed in Section 10 of PD j. Those guilty of malicious reporting of
968. money laundering under RA 9160, as
amended; and,
Grounds for denial of application for
probation k. In order not to depreciate the crime of
torture(RA 9745).
Application for probation shall be denied upon the
finding of the court that: V. Period of probation

a. Probation will depreciate the seriousness of Period of imprisonment and period of probation
the offense committed; TERM OF
DURATION
IMPRISONMENT
b. There is undue risk of committing another Penalty for crime is not Probation shall not
crime during the probation period; or more than 1 year exceed 2 years
Penalty for crime is Probation shall not
c. The offender is in need of correctional more than 1 year exceed 6 years
treatment that can be provided effectively When penalty is a fine Probation shall be
byhis commitment to an institution. only and offender is twice the total
made to serve number of days of
IV. Disqualified offenders
subsidiary subsidiary
The benefits of the Probation Law shall not be imprisonment imprisonment
extended to the following persons:

a. Those sentenced to serve a maximum term VI. Arrest of probationer

of imprisonment of more than 6 years;
b. Those convicted of subversion or any crime
against the national security;
c. Those previously convicted by final
judgment of an offense punished by
imprisonment of more than 6 months and 1
day and/or a fine more than P1,000;
d. Those once placed on probation;
e. Those already serving sentence at the time
the Probation Law became applicable;
f.
At any time during probation, the court may issue
a warrant for the arrest of a probationer for any
serious violation of the conditions of probation,
orupon commission of another offense.
The probationer, once arrested and detained,
shall immediately be brought before the court
for a hearing, which may be informal and
summary, of the violation charged. The accused
may be permitted bail pending such hearing.
If violation is established, the court may:
Page 363 of 354
 a. Revoke his probation, and thus make him
serve the sentence originally imposed; or,
b. Continue his probation and modify its
conditions.
If revoked, the probationer shall serve the
sentence originally imposed.
VII. Termination of probation
The court may order the final discharge of the
probationer upon finding that he has fulfilled the
terms and conditions of his probation.
Effects of termination of probation
a. Case is deemed terminated.
b. Restoration of all civil rights lost or
suspended.
c. Fully discharges liability for any fine imposed.
Probation is not coterminous with the period.
There must be an ORDER issued by court
discharging the probationer, only from issuance
can the case of probationer be deemed
terminated. (Bala v. Martinez, G.R. No. L-67301,
1990)
————- end of topic ————-
Diversion and intervention
6. Other relevant rules
FF. JUVENILE JUSTICE AND WELFARE ACT(RA
9344, AS AMENDED BY RA 10630)
I. Definition of terms
Best interest of the child
It refers to the totality of the circumstances and
conditions which are most congenial to the
survival, protection and feelings of security of
the child and most encouraging to the child's
physical, psychological and emotional
development. It also means the least
detrimentalavailable alternative for safeguarding
the growth and development of the child.
Child
It refers to a person under the age of eighteen
(18) years.
Child at risk
It refers to a child who is vulnerable to and at the
risk of committing criminal offenses because of
personal, family and social circumstances, such
as, but not limited to, the following:

TOPIC OUTLINE UNDER THE SYLLABUS: a. being abused by any person through sexual,
physical, psychological, mental, economic or
III. SPECIAL PENAL LAWS any other means and the parents or
guardian refuse, are unwilling, or unable to
Note: This topic is included in the List of provide protection for the child;
Relevant Materials for Special Penal Laws, but
not expressly included under the syllabus for b. being exploited including sexually or
the said subject. economically;

FF. JUVENILE JUSTICE AND WELFARE ACT(RA c. being abandoned or neglected, and after
9344, AS AMENDED BY RA 10630) diligent search and inquiry, the parent or
guardian cannot be found;
1. Definition of terms (Sec. 4)
d. coming from a dysfunctional or broken
2. Rights of the child in conflict with the familyor without a parent or guardian;
law(Sec. 5)
3. Minimum age of criminal e. being out of school;
responsibility(Sec. 6)
f. being a streetchild;
4. Prohibited acts (Secs. 60 and 61)
5.

Page 364 of 354

g. being a member of a gang;

h. living in a community with a high level of

criminality or drug abuse; or

i. living in situations of armed conflict.

Child in conflict with the law

A child who is alleged as, accused of, or adjudged

as, having committed an offense under Philippine
laws.

Bahay Pag-asa

It refers to a 24-hour child-caring institution

established, funded and managed by local
government units (LGUs) and licensed and/or
accredited nongovernment organizations (NGOs)
providing short-term residential care for children
in conflict with the law who are above fifteen (15)
but below eighteen (18) years of age who are
awaiting court disposition of their cases or
transfer to other agencies or jurisdiction.

Part of the features of a ‘Bahay Pag-asa’ is an

intensive juvenile intervention (IJISC) and
support center. This Center will be allocated for
children in conflict with the law in accordance
with Sections 20, 20-A and 20-B (children below
the age of criminal responsibility, children above
12 but below 15 who commit serious crimes,
repeat offenders) hereof. These children will be
required to undergo a more intensive multi-
disciplinaryintervention program.

Multi-disciplinary team

They operate the ‘Bahay Pag-asa’, composed ofa

social worker, a psychologist/mental health
professional, a medical doctor, an
educational/guidance counselor and a Barangay
Council for the Protection of Children (BCPC)
member.

Diversion

An alternative, child-appropriate process of

determining the responsibility and treatment of a
child in conflict with the law on the basis of
his/her social, cultural, economic, psychological
or

Page 365 of 354

educational background without resorting
to formal court proceedings
Juvenile Justice Welfare Council
This refers to offenses which discriminate only
against a child, while an adult does not suffer any
penalty for committing similar acts. These
shall

A body attached to the DSWD chaired by

an Undersecretary of the DSWD. They shall
ensure the effective implementation of the
JJWA.

Initial contact with the child

Apprehension or taking into custody of a

child in conflict with the law by law
enforcement officers or private citizens

Intervention

A series of activities which are designed to

address issues that caused the child to
commit anoffense. It may take the form of
an individualized treatment program which
may include counseling, skills training,
education, and other activities that will
enhance his/her psychological, emotional
and psycho-social well-being.

Recognizance

An undertaking in lieu of a bond assumed

by a parent or custodian who shall be
responsible for the appearance in court of
the child in conflict with the law, when
required.

Restorative justice

A principle which requires a process of

resolving conflicts with the maximum
involvement of the victim, the offender and
the community. It seeks to obtain
reparation for the victim; reconciliation of
the offender, the offended and the
community; and reassurance to the
offender that he/she can be reintegrated
into society. It also enhances public safety
by activating the offender, the victim and
the community in prevention strategies.

Status offenses

Page 366 of 354

include curfew violations; truancy, parental
disobedience and the like.
Youth Rehabilitation Center
It refers to a 24-hour residential care facility
managed by the Department of Social Welfare
and Development (DSWD), LGUs, licensedand/or
accredited NGOs monitored by the DSWD, which
provides care, treatment and rehabilitation
services for children in conflict with the law.
Rehabilitation services are provided under the
guidance of a trained staff where residents are
cared for under a structured therapeutic
environment with the end view of reintegrating
them into their families and communities as
socially functioning individuals. (Sec. 4)
II. Rights of the child in conflict with the law
Every child in conflict with the law shall have the
following rights, including but not limited to:
a. The right not to be subjected to torture or
other cruel, inhuman or degrading treatment
or punishment;
b. The right not to be imposed a sentence of
capital punishment or life imprisonment,
without the possibility of release;
c. The right not to be deprived, unlawfully or
arbitrarily, of his/her liberty; detention or
imprisonment being a disposition of last
resort, and which shall be for the shortest
appropriate period of time;
d. The right to be treated with humanity and
respect, for the inherent dignity of the
person, and in a manner which takes into
account the needs of a person of his/her
age.
e. The right to prompt access to legal and
otherappropriate assistance, as well as the
right to challenge the legality of the
deprivation of his/her liberty before a court
or other competent, independent and
impartial
authority, and to a prompt decision on such
action;
f. The right to bail and recognizance, in
appropriate cases;
g. the right to testify as a witness in his/her
ownbehalf under the rule on examination of
a child witness;
h. The right to have his/her privacy respected
fully at all stages of the proceedings;
i. The right to diversion if he/she is qualified
and voluntarily avails of the same;
j. The right to be imposed a judgment in
proportion to the gravity of the offense
wherehis/her best interest, the rights of the
victim and the needs of society are all taken
into consideration by the court, under the
principle of restorative justice;
k. The right to have restrictions on his/her
personal liberty limited to the minimum, and
where discretion is given by law to the judge
to determine whether to impose fine or
imprisonment, the imposition of fine being
preferred as the more appropriate penalty;
l. The right to automatic suspension of
sentence;
m. The right to probation as an alternative to
imprisonment, if qualified under the
Probation Law;
n. The right to be free from liability for perjury,
concealment or misrepresentation; and,
o. Other rights as provided for under existing
laws, rules and regulations.
III. Minimum age of criminal responsibility
Below 15 years old at the time of the
commission of the offense
Criminal liability – EXEMPT, but subject to
Intervention program
Civil liability – LIABLE
Page 367 of 354
 A child is deemed to be fifteen (15) years
of age on the day of the fifteenth
anniversary of his/her birthdate.
Above 15 but below 18 years old, acting
WITHOUT discernment at the time of the
commission of the offense
Criminal liability – EXEMPT, but subject to
Intervention program
Civil liability – LIABLE
Above 15 but below 18 years old, acting WITH
discernment at the time of the commission of
the offense
Criminal liability – Diversion
Civil liability – LIABLE
Above 18 years old at the time of the
commission of the offense
Criminal liability – LIABLE
Civil liability – LIABLE
Rule on automatic suspension of sentence
If the child who is under 18 years of age at the
commission of the offense is found guilty, the
court shall ascertain any civil liability. Instead of
pronouncing conviction, the child shall be placed
under suspended sentence. The suspensionshall
be applied even if the juvenile is 18 or aboveat the
pronouncement of the child’s guilt. (Sec. 38)
Judgment against children in conflict with the
lawshall be guided by the following:
1. It shall be considered in the circumstances
of the best interest of the child, in the
demands of restorative justice;
2. Restrictions on personal liberty shall be at
the minimum. When the court has the
discretion to impose a fine instead of the
penalty of imprisonment, the imposition of
the fine shall be proffered as the more
appropriate penalty;
3.
Prohibition on corporal punishment; and
4. Doubts shall be resolved in favor of the child.
Presumption of minority
The child in conflict with the law shall enjoy the
presumption of minority. The child shall enjoy all
the rights of a child in conflict with the law until
he/she is proven to be eighteen (18) years old or
older. (Sec. 7)
Proof of age
The age of a child may be determined from the
child's birth certificate, baptismal certificate or
anyother pertinent documents.
In the absence of these documents, age may be
based on information from the child
himself/herself, testimonies of other persons,
the physical appearance of the child and other
relevant evidence. In case of doubt as to the age
of the child, it shall be resolved in his/her favor.
(Sec. 7)
If child taken into custody is 15 years or below
The authority which will have an initial contact
with the child, in consultation with the local
social welfare and development officer, has the
duty to immediately release the child to the
custody of his/her parents or guardian, or in the
absence thereof, the child’s nearest relative.
The child shall be subjected to a community-
based intervention program supervised by the
local social welfare and development officer,
unless the best interest of the child requires the
referral of the child to a youth care facility or
‘Bahay Pag-asa’. (Sec. 20)
Serious crimes committed by children who
are exempt from criminal responsibility
A child who is above 12 up to 15 years of age and
who commits parricide, murder, infanticide,
kidnapping and serious illegal detention where
the victim is killed or raped, robbery, with
homicide or rape, destructive arson, rape, or
carnapping where the driver or occupant is killed
Page 368 of 354
or raped or offenses under Republic Act No. 9165
punishable by more than 12 years of
imprisonment, shall be deemed a neglected
child and shall be mandatorily placed in a special
facility within the youth care faculty or ‘Bahay
Pag-asa’ called the Intensive Juvenile
Intervention and Support Center (IJISC).
Repetition of offenses
A child who is above twelve (12) years of age up
to fifteen (15) years of age and who commits an
offense for the second time or oftener: Provided,
That the child was previously subjected to a
community-based intervention program, shall be
deemed a neglected child and shall undergo an
intensive intervention program supervised by the
local social welfare and development officer.
IV. Prohibited acts
The following and any other similar acts shall be
considered prejudicial and detrimental to the
psychological, emotional, social, spiritual, moral
and physical health and well-being of the child in
conflict with the law and therefore, prohibited:
a. In the conduct of the proceedings beginning
from the initial contact with the child, the
competent authorities must refrain from
branding or labeling children as young
criminals, juvenile delinquents, prostitutes or
attaching to them in any manner any other
derogatory names.
b. No discriminatory remarks and practices
shall be allowed particularly with respect to
the child's class or ethnic origin.
c. Employment of threats of whatever kind and
nature;
d. Employment of abusive, coercive and
punitive measures such as cursing, beating,
stripping, and solitary confinement;
e. Employment of degrading, inhuman and
cruel forms of punishment such as shaving
the heads, pouring irritating, corrosive or
harmful substances over the body of the
child in conflict with the law, or forcing
him/her to walk around the community
wearing signs which embarrass, humiliate,
and degrade his/her personality and dignity;
and
f. Compelling the child to perform involuntary
servitude in any and all forms under any and
all instances. (Secs. 60 and 61)
V. Diversion and intervention
System of diversion
Children in conflict with the law shall undergo
diversion programs without undergoing court
proceedings:
a. Where the imposable penalty for the crime
committee is not more than six (6) years
imprisonment – The law enforcement
officer or Punong Barangay with the
assistance of the local social welfare and
development officer or other members of
the LCPC shall conduct mediation, family
conferencing and conciliation and, where
appropriate, adopt indigenous modes of
conflict resolution in accordance with the
best interest of the child with a view to
accomplishing the objectives of restorative
justice and the formulation of a diversion
program. The child and his/her family shall
be present in these activities.
b. In victimless crimes where the imposable
penalty is not more than six (6) years
imprisonment – The local social welfare
anddevelopment officer shall meet with the
child and his/her parents or guardians for
the development of the appropriate
diversion and rehabilitation program, in
coordination with the BCPC.
c. Where the imposable penalty for the crime
committed exceeds six (6) years
imprisonment – Diversion measures may be
resorted to only by the court. (Sec. 23)
Where the maximum penalty imposed by law for
the offense with which the child in conflict with
the law is charged is imprisonment of not more
than twelve (12) years, regardless of the fine or
fine alone regardless of the amount, and
before
Page 369 of 354
arraignment of the child in conflict with the law,
the court shall determine whether or not diversion
is appropriate. (Sec. 37)
If during the conferencing, mediation or
conciliation outside the criminal justice system
or prior to his entry into said system, the child
voluntarily admits the commission of the act, a
contract of diversion may be entered into during
such conferencing, mediation or conciliation
proceedings. (Sec. 26)
Stages where diversion program may be
conducted
Diversion may be conducted at –
a. Katarungang Pambarangay;
b. Police investigation;
c. Inquest;
d. Preliminary Investigation; or
e. All levels and phases of the proceedings
including the judicial level (Sec. 24)
Factors in determining the diversion program
In determining whether diversion is appropriate
and desirable, the following factors shall be taken
into consideration:
a. The nature and circumstances of the
offensecharged;
b. The frequency and the severity of the act;
c. The circumstances of the child (e.g. age,
maturity, intelligence, etc.);
d. The influence of the family and
environmenton the growth of the child;
e. The reparation of injury to the victim;
f. The weight of the evidence against the child;
g. The safety of the community; and,
h. The best interest of the child (Sec. 29)
Factors in formulating the diversion program
In formulating a diversion program, the
individual characteristics and the peculiar
circumstances of the child in conflict with the
law shall be used to formulate an individualized
treatment.
The following factors shall be considered in
formulating a diversion program for the child:
a. The child's feelings of remorse for the
offense he/she committed;
b. The parents’ or legal guardians’ ability to
guide and supervise the child;
c. The victim's view about the propriety of the
measures to be imposed; and,
d. The availability of community-based
programs for rehabilitation and
reintegrationof the child. (Sec. 30)
VI. Other relevant rules
Offenses not applicable to children
Persons below eighteen (18) years of age shall
be exempt from prosecution for the following
crimes:
a. Vagrancy and prostitution under Section 202
of the Revised Penal Code;
b. Mendicancy under Presidential Decree No.
1563; and
c. Sniffing of rugby under Presidential Decree
No. 1619. (Sec. 58)
Exemption from the application of death
penalty
The provisions of the Revised Penal Code, as
amended, Republic Act No. 9165, otherwise
known as the Comprehensive Dangerous Drugs
Act of 2002, and other special laws
notwithstanding, no death penalty shall be
imposed upon children in conflict with the law.
Exploitation of children for commission of
crimes
Page 370 of 354
Any person who, in the commission of a crime,
makes use, takes advantage of, or profits from
the use of children, including any person who
abuses his/her authority over the child or who,
with abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce,
threaten or instigate the commission of the crime,
shall be imposed the penalty prescribed by law
for the crime committed in its maximum period.

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