SPECIAL CRIME

INVESTIGATION
 Does all special penal laws are special laws?
yes
How about this, does all special laws are special penal laws?
No, not all penal laws are penal in nature
 Is good faith is A valid defense for the violation of rpc?
Yes, it is a valid defense unless the crime is the result of culpa or fault

How about in special laws?

No, its not considered as a valid defense, good faith is not necessary
since it is sufficient that the offender has the intent to perpetuate the
act prohibited by SL.
 REVISED PENAL CODE VS SPECIAL LAWS

• Is the degree of accomplishment be taken account when it is in

violation of Special Penal Law?
No, unless it is consummated
Therefore, neither attempted nor frustrated stage is punishable.
Exception?
When Specifically provided by Special Penal Law
 Is the Plea of Guilty be consider as Mitigating Circumstance in Special
Penal Law?
No, its applicability is only in the Revised Penal Code (RPC)
What’s the penalty of those who are accomplice and accessory for the
commission of an offense in Violation of Special Penal Law?
None,There is no penalty provided
Exception?
When it is stated in such Special Penal Law
• What are cases subject of special crime investigation?
Answer—They are
• Homicide (generic term which includes murder, parricide or infanticide)
• Sex Crimes
• Property Crimes (robbery, theft, arson, carnapping and estafa)
• Kidnapping
• Bombing
• Other related crimes
• What are the problems in death investigation?
Answer- The three bridges in homicide investigation which shall not be
crossed.
• the dead body has been moved
• the cadaver has been embalmed
• the dead body person is burned or cremated.
• Criminological terms connected with homicide investigation:
• Homicide – killing of one human being
• Sororicide – killing of one’s sister
• Fratricide – killing of one’s brother
• Matricide – killing of one’s mother by his own child
• Patricide – killing of one’s father by his own child
• Parricide – killing of father, mother, child, spouse or relatives in direct line
• Infanticide – killing of child less than 72 hours
• Suicide – killing of one’s self
• Uxoricide – killing of wife
• Regicide – killing of king
• Aborticide – killing of fetus
• Who are authorized to conduct death investigations?
Answer – The following are
• Provincial and city fiscal
• Judge of Court of first Instance
• Justice of Peace
• Director of NBI
• Chief of Police
• Solicitor general
• Who are authorized to conduct autopsies?
Answer - They are
• Health Officers
• Medical Officers of law enforcement agencies.
• Members of the medical staff of accredited hospitals.
 
• When an autopsy is conducted?
Answer -
• Whenever required by special laws;
• Upon order of competent court, a mayor and a provincial or city fiscal;
• Upon written request of Police Authorities;
• Whatever the Solicitor General, Provincial or City Fiscal deem it necessary to
disinter and take possession of the remains for examination to determine
the cause of death; and
• Whenever the nearest kin shall request in writing the authorities concerned
to ascertain the cause of death.
• What is the different between autopsies from post-mortem
investigation?
• Answer – It is a comprehensive study of a dead body, performed by a
trained physician employing recognized dissection procedure and
technique, which includes removal of tissue for further examination.
While, post-mortem examination is an external examination of dead
body without incision being made, although blood and other fluids
may be collected for examination.
• When autopsies are conducted?
Answer - They are
• violent death
• accidental death
• suicides
• death unattended by physician. DOA where a physician was not able
to arrive at a clinical diagnosis as the cause of death
• What are rules in autopsies?
Answer -
• Look before you cut.
• Never cut unless you know exactly what you’re cutting.
• Weigh and measured everything.
 
• What is the primary purpose of autopsy?
Answer – Is to determination of the cause of death.
• What is cause of death?
Answer - The cause of death is the injury, disease, or the combination of
both injury and disease responsible for initiating the trend or
physiological disturbance, brief or prolonged, which produces the fatal
termination.
 
• What is death?
Answer – Is the termination of life. It is a complete cessation of all vital
functions without possibility of resuscitation and it is irreversible loss of
the properties of living matter.
• What are the types of death?
Answer – They are:
• Brain death - death occurs when there is deep irreversible comma, absences of electrical brain activity and complete
absence of all vital function of body without the possibility of resuscitation
• Cardio-respiratory death - death occurs when there is a continuous and persistent cessation of heart action and
respiration
• 
• What are the kinds of death?
Answer – They are
• Somatic death or clinical death - this is a state of the body in which there is a complete, persistent and continuous
cessation of all vital function of brain, heart, lungs, which maintain life and health.
• Molecular or Cellular Death - after cessation of the vital functions of the body there is still animal life among individual
cells @ cells last 3 to 6 hours after death.
• Apparent Death of "State of Suspended Animation" - the person is not really dead but there is only merely a transient
loss of consciousness or temporary cessation of the vital function due to the external injury or disease as in still birth,
drowning victim, hysteria, catalepsy, electrical shock.
 • COOLING OF THE BODY (ALGOR MORTIS)
• -After death the metabolic process inside the body ceases. No more heat is
produced but the body loses slowly its temperature by evaporation or by
conduction to the surrounding atmosphere. The progressive fall of the body
temperature is one of the most prominent signs of death.
• The rate of cooling of the body is not uniform. It is rapid during the first two
hours after death and as the temperature of the body gradually approaches
the temperature of the surroundings, the rate become slower
• After two (2) hours – rapid cooling of the body.
• Fall temperature of 15- 20 degrees Fahrenheit is considered as a certain sign of
death.
 • STAGE OF POST MORTEM RIGIDITY OR CADAVERIC RIGIDITY, DEATH OF STIFFENING, OR
“DEATH OF STRUGGLE OF MUSCLES” OR “RIGOR MORTIS” – 3 to 6 hours after death
the muscles gradually stiffen. It usually starts at the muscles of the neck and lower jaw
and spreads downwards to the chest, arms, and lower limbs.
• Usually the whole body becomes stiff after 12 hours. All muscles are involved.
• In medico legal point of view, post mortem rigidity may be utilized to
approximate the length of time of the body has been dead. In temperate
countries it usually appears 3 to 6 hours and last 2 or 3 days after death, but
in warm countries it may develop earlier.
• In tropical countries rigor mortis may last 24 – 48 hours during cold weather
and 18 – 36 hours during summer after death.
• What are the conditions simulating rigor mortis?
Answer – They are
• Heat Stiffening – if the dead body is exposed to temperatures above 75 degrees Celsius it will
coagulate the muscle proteins and cause the muscle to be rigid. This is commonly observed
when the body of a person is placed in boiling fluid or when the body is burned to death.
• Cold Stiffening – The stiffening of the body may be manifested when the body is frozen. The
cold stiffening is due to the solidification of fat when the body is exposed to freezing
temperature.
• Cadaveric Spasm or Instantaneous Rigor – This is the instantaneous rigidity of the muscles
which occurs at the moment of death due to extreme nervous tension, exhaustion and injury
to the nervous system or injury of the chest. It is principally due to the fact that the last
voluntary contraction of muscle during life does not stop after death but is continuous with
the act of cadaveric rigidity.
• Distinguished rigor mortis from cadaveric spasm
Answer – The following are
• TIME AND APPEARANCE – rigor mortis appears 3-6 hours after death while
cadaveric spasm appears immediately after death.
• MUSCLES INVOLVED – rigor mortis involves all muscles of the body, while
cadaveric spasm involved only group of muscles and asymmetrical.
• OCCURRENCE – rigor mortis is natural phenomena which occur after death,
while cadaveric spasm may or may not occurs on a person at the time of death.
• MEDICO-LEGAL SIGNIFICANCE – rigor may be utilized by a medical jurist to
approximate time of death, while cadaveric spasm may be useful to determine
the nature of crime.
 • COAGULATION OF THE BLOOD – the static of the blood to the cessation of
circulation enhances the coagulation of blood inside the vessels. Blood
clotting is accelerated in cases of death by infectious fevers and delayed in
cases of asphyxia, poisoning by opium or carbon monoxide. The clotting of
blood is a very slow process that there is a tendency for blood to separate
forming a red clot at the lower level and above it is white clot known as
chicken-fat clot.
Blood may remain fluid inside the blood vessels after death for 6 to 8
hours.
POST- MORTEM LIVIDITY OR POST- MORTEM SUGGILLATION OR POST-
MORTEM HYPOSTASIS OR LIVOR MORTIS – The stoppage of the heart
action and the loss of tone of blood vessels cause the blood to be
under the influence of gravity. Blood begins to accumulate in the most
dependent portions of the body. The capillaries may be destined with
blood and coalesce with one another until the area become dull-red or
purplish in color as known as post-mortem lividity.
• How is this lividity importance in legal medicine?
Answer - It is importance for the following reasons:
• It is one signs of death.
• It indicates change of position of the body after death.
• The color of lividity may indicate the cause of death.

Example:
• asphyxia, the lividity is dark
• carbon monoxide, the lividity is bright pink
• hydrocyanic acid, the lividity is bright red
• phosphorous, the lividity is dark brown.
• What is putrefaction of the body?
Answer – It is the breaking down of the complex proteins into simpler components
associated with the evolution of foul smelling gases and accompanied by change of
color of the body. The following are changes in putrefaction:
• changes in the color of the tissue
• evolution of gases in the tissue
• liquefaction of the soft tissue 
• What are the factors modifying the rate of putrefaction?
Answer – They are
• Internal factors: age, condition of the body and cause of death
• External factors: free air, earth, water and clothing
• What are the pathological causes of death?
Answer – They are
• Death from Syncope – this death due to sudden and fatal cessation of
the action of the heart with circulation.
• Death from Asphyxia – is a condition in which the supply of oxygen to
the blood or to the tissues or both has been recorded below normal
working level.
• Death from Coma – is the state of unconsciousness with insensibility of
the pupil and conjunctivae, and inability to shallow, resulting from
arrest of the portion of brain.
 Distinguished the period of exhumation of death body:
Answer – The following are:
Nature of Death Time Exception

Died with communicable disease After 5 years of interment Shorter period upon opinion of
Secretary of Heath

Without communicable disease After 3 years of interment Shorter period upon opinion of
Secretary of Heath
• What are the classifications of wound as to severity?
Answer – They are:
• Mortal wound – wound which is caused immediately after infliction or shortly there after
that is capable of causing death. Example: heart and big blood vessels, lungs, brain and
others.
• Non-mortal wound – wound which is not capable of producing death immediately after
infliction or shortly there after.
• What are the classifications of wound as to instrument used?
Answer – They are:
• blunt instrument (contusion, hematoma, lacerated wound)
• sharp–edge instrument (incised wound)
• sharp-pointed instrument (punctured wound)
• sharp-edged and sharp-pointed instrument (stab wound)
• tearing force (lacerated wound)
• atmospheric pressure (barotrauma)
• heat or cold (frostbite, burns or scald)
• chemical explosion (gunshot or shrapnel wound)
• What are the classifications of wound as to application of force and
location of injury?
Answer – They are:
• Coup injury – located at the site of the application force.
• Contre-coup injury – opposite of application of force injury.
• Coup-contre-coup injury – both site and opposite injury.
• “Locus Minoris Resistancia” – injury not located at site and opposite
injury.
• Extensive injury – injury involved greater area.
The sanitary code of the Philippines?
PD 856
Homicide Investigation
Is the official inquiry made by the police on the facts and circumstances surrounding the death of
the person which is expected to be criminal or unlawful.

ART. 249-HOMICIDE
• There is a killing without the attendant of any justifying circumstances;
• That the killing was not attended by any of the qualifying circumstances of murder; or by that of
parricide or infanticide.
ART. 248-MURDER
• Killing with the attendant of any of the following circumstances:
• Treachery
• taking advantage of superior strength
• with aid of armed men or employing means to weaken the defense or of means or persons to insure or
afford impunity.
• In consideration of a price, reward or promise.
• By means of inundation, fire, poison, explosion, shipwreck
• On occasion of any of the calamities
• With evident premeditation
• with cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
• The killing is not parricide or infanticide
• ART. 247-DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL
CIRCUMSTANCES
• applies to legally married person with respect to his/her spouse,
and to the parent of daughter under 18 years of age living with
him/her.
• who surprise him/her in the act of committing sexual intercourse
with another person.
• killing or inflicting serious physical injury on any or both of them.
(destierro)
• ART. 246-PARRICIDE
• Killing of one's Father, Mother or Child whether legitimate of
illegitimate.
• Any of his ascendants or descendants or his spouse.
• Illegitimate relationship is limited only to the immediate
ascendants or descendants.
• QUESTION
• Which among the following is the basic question that the
investigator must answer before initiating the conduct of
investigation?
• To know whether an offense has been committed.
• To discover how the crime was committed.
• Who committed the crime and by whom it was committed?
• When was the crime committed?
 Anti-Piracy and Anti-Highway Robbery Law of 1974
(Presidential Decree 532)
• Piracy – Any attack upon or seizure of any vessel, or taking away of the whole or part thereof of its cargo,
equipment or the personal belonging of its complement or passengers, irrespective of value thereof, by
means of violence against or intimidation of person or force upon things, committed by any person,
including a passenger or member of the complements of said vessel in Philippine waters, shall be
considered as piracy. The offender shall be considered as pirates.

• Highway Robbery/Brigandage – The seizure of any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of another by means of violence against or intimidation of
persons or force upon things of other unlawful means committed by any person or any Philippine highway.

• Aiding Pirates or Highway Robbers/ Brigands or Abetting Piracy or Highway Robbers/Brigands – Any
person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as
giving them information about the movement of police or other peace officers of the government or
acquire or receives property taken by such pirates or brigands or indirectly abets the commission of piracy
or highway robbery or brigandage, shall be considered as an accomplice of the principal offender.
 Anti-Cattle Rustling Law of 1974
(Presidential Decree 533)

Cattle Rustling – Is the taking away by any means, methods or scheme,

without the consent of the owner/raiser, of any of the above animals
(cow, carabao, horse, mule or other domesticated member of the
bovine family) whether or not for profit or gain, or whether committed
with or without violence against or intimidation of any person or force
upon things. It includes the killing of large cattle, or taking its meat or
hide without the consent of owner/raiser.
 Anti-Fencing Law of 1979
(Presidential Decree 1612)
 

 Fencing is the act of any person; who, with intent to gain, for himself
or for another shall buy, posses, keep, acquire, conceal, sell or in any
other deal on any articles, items, objects or anything of value which he
knows to have been derived form the proceeds of crime or robbery or
theft. 
• Fence – include any person, firm, organization, association, or
corporation or partnership and other organization who which
commits the act of fencing.
 Republic Act # 9208
"Anti-Trafficking in Persons Act of 2003"
Trafficking in Persons - refers to the act of recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim's consent or
knowledge, within or across national borders by means of threat or use of force,
or other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve the consent of a person having
control over another person for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal or sale of
organs
 Is the presence of any act through any of its means provided for the
attainment of any of its purpose constitutes trafficking in person even
consent has been given by such person?
Yes, even with consent may constitute trafficking in person

Will it constitutes trafficking in person through any of its act for

purposes of exploitation even without the use of any of its means as
provided?
Yes, it will constitute trafficking in person
• Child - 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.
• Prostitution - refers to any act, transaction, scheme or design involving the use
of a person by another, for sexual intercourse or lascivious conduct in exchange
for money, profit or any other consideration.
• 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 a
debt, when the length and nature of services is not clearly defined or when the
value of the services as reasonably assessed is not applied toward the
liquidation of the debt.
• (h) Pornography - refers to any representation, through publication, exhibition,
cinematography, indecent shows, information technology, or by whatever
means, of a person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes.
Three (3) Categories of Trafficking:
a. Acts of Trafficking in Persons (SEC.4);
b. Acts that Promote Trafficking in Persons (SEC.5);
c. Qualified Trafficking in persons (SEC.6).
• Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any
of the following acts:
• (a) To recruit, transport, transfer; harbor, provide, 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
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
• (b) To introduce or match for money, profit, or material, economic or other consideration, 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;
• (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 or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
• (g) To recruit, hire, adopt, transport 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; and
• (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - 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
and certificates of any government agency which issues these certificates and stickers 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 exit documents 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 international and local airports,
territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for
the purpose of promoting trafficking in persons;
(f) To 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; and
(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.
• Section 6. Qualified Trafficking in Persons. - 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 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; and
• (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).
 Trafficking is deemed committed by a syndicate if?
It is carried out by a group of three (3) or more persons conspiring or
confederating with one another.

How about in large scale if?

If it is committed against three (3) or more persons, individually or as
a group (s6 of RA 9208)
Section 6. Confidentiality.
At any stage of the investigation, prosecution and trial of an offense under this Act, law
enforcement officers, prosecutors, judges, court personnel and medical practitioners, as
well as parties to the case, shall recognize the right to privacy of the trafficked person
and the accused. Towards this end, law enforcement officers, prosecutors and judges to
whom the complaint has been referred may, whenever necessary to ensure a fair and
impartial proceeding, and after considering all circumstances for the best interest of the
parties, order a closed-door investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or of the accused, or any other information
tending to establish their identities and such circumstances or information shall not be
disclosed to the public.
In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful
for any editor, publisher, and reporter or columnist in case of printed materials,
announcer or producer in case of television and radio, producer and director of a film in
case of the movie industry, or any person utilizing tri-media facilities or information
technology to cause publicity of any case of trafficking in persons.
 Who can file the case?
Any person who has personal knowledge of the commission of any
offense under this Act, the trafficked person, the parents, spouse,
siblings, children or legal guardian may file a complaint for
trafficking.
As to what court has a jurisdiction with regards to the case?
That the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts.
• (a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of imprisonment of twenty
(20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
• (b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of imprisonment of fifteen
(15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);
• (c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment and a fine of not less
than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
• (e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be
imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the
crime or who shall have knowingly permitted or failed to prevent its commission;
• (f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation,
association, religious group tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked
permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different
name;
• (g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from
entering the country;
• (h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports,
registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or
natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the
requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal
liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and
be barred permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited; and
• (i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of
adoption.
 Prescriptive period?
10 years- trafficking acts under this act;
20 years- for qualified trafficking in person (if committed by a
syndicate or a large scale)
• Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an InterAgency Council
Against Trafficking, to be composed of the
• Chairperson: Secretary of DOJ
• Co-Chairperson :Secretary, of DSWD
• MEMBERS:
• (a) Sec, Department of Foreign Affairs;
• (b) Sec, Department of Labor and Employment;
• (c) Administrator, Philippine Overseas Employment Administration;
• (d) Commissioner, Bureau of Immigration;
• (e) Director-General, Philippine National Police;
• (f) Chairperson, National Commission on the Role of Filipino Women; and
• (g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from among
the sectors representing women, overseas Filipino workers (OFWs) and children, with a proven record of
involvement in the prevention and suppression of trafficking in persons. These representatives shall be
nominated by the government agency representatives of the Council, for appointment by the President for a
term of three (3) years.
• The members of the Council may designate their permanent representatives who shall have a rank not lower
than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be determined
by the Council in accordance with existing budget and accounting, rules and regulations
 What is the primary unit responsible for establishing and
implementing preventive, protective and rehabilitative programs for
trafficked persons. ?
The Government
 Government Unit which shall take necessary measures for the
efficient implementation of the Machine Readable Passports to
protect the integrity of Philippine passports, visas and other travel
documents to reduce the incidence of trafficking through the use of
fraudulent identification documents?
Department of Foreign Affairs (DFA)
Another government unit which shall implement rehabilitative and
protective programs for trafficked persons.
Department of Social Welfare and Development (DSWD)
It shall ensure the strict implementation and compliance with the
rules and guidelines relative to the employment of persons locally
and overseas.
Department of Labor and Employment (DOLE)
It shall ensure the prosecution of persons accused of trafficking
and designate and train special prosecutors who shall handle and
prosecute cases of trafficking.
Department of Justice (DOJ)
From what Secretarial Department is the Chairperson of Inter-Agency
Council against Trafficking shall be coming?
Department of Justice
The Co-chairperson of Inter-Agency Council against Trafficking shall be
coming from?
Department of Social Welfare and Development
• Section 22. Section 22 of Republic Act No. 9208 is hereby amended to read as
follows:
• "SEC. 22. Secretariat to the Council. – The Department of Justice shall establish
the necessary Secretariat for the Council.
• "The secretariat shall provide support for the functions and projects of the Council.
The secretariat shall be headed by an executive director, who shall be appointed
by the Secretary of the DOJ upon the recommendation of the Council. The
executive director must have adequate knowledge on, training and experience in
the phenomenon of and issues involved in trafficking in persons and in the field of
law, law enforcement, social work, criminology, or psychology.
• "The executive director shall be under the supervision of the Inter-Agency Council
Against Trafficking through its Chairperson and Co-Chairperson,
 RA 10364 "Expanded Anti-Trafficking in
Persons Act of 2012″.
SALIENT FEATURES:
• Section 5. A new Section 4-A is hereby inserted in Republic Act No. 9208, to read as follows:
• "SEC. 4-A. Attempted Trafficking in Persons. – Where there are acts to initiate the commission of a trafficking offense
but the offender 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.
• "In cases where the victim is a child, any of the following acts shall also be deemed as attempted trafficking in persons:
• "(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,
daycare centers, refugee or evacuation centers, and low-income families, for the purpose of selling the child."
• "SEC. 4-B. Accomplice Liability. – Whoever knowingly aids, abets,
cooperates in the execution of the offense by previous or
simultaneous acts defined in this Act shall be punished in accordance
with the provisions of Section 10(c) of this Act."
• Section 7. A new Section 4-C is hereby inserted in Republic Act No. 9208, to read as follows:
• "SEC. 4-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 following manners:
• "(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;
• "(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.
• "Acts defined in this provision shall be punished in accordance with the provision of Section
10(d) as stated thereto."
• Section 11. Section 8 of Republic Act No. 9208 is hereby amended to read as follows:
• "SEC. 8. Initiation and Prosecution of Cases. –
• "(a) 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.
• "(b) 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.
• "(c) 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.
• "Any act involving the means provided in this Act or any attempt thereof for the purpose of securing
an Affidavit of Desistance from the complainant shall be punishable under this Act."
 TRAFFICKING IN PERSONS
Usually involves coercion
Characterized by subsequent
exploitation after the illegal entry
of a person into a foreign country
Considered a Human Rights issue
HUMAN SMUGGLING
Usually does not involve coercion
Characterized by facilitating, for a
fee, the illegal entry of a person
into foreign country
Considered a migration concern
LAWS ON MONEY LAUNDERING
RA 9160- "Anti -Money Laundering Act of 2001."
RA9194- law amending the "Anti -Money Laundering Act of 2001."
RA 10167
RA 10365- AN ACT FURTHER STRENGTHENING THE ANTI-MONEY
LAUNDERING LAW, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 9160, OTHERWISE KNOWN AS THE "ANTI-MONEY LAUNDERING
ACT OF 2001″, AS AMENDED
RA 9160 "Anti -Money Laundering Act of 2001."

• "Covered institution" refers to:

• (1) banks, non-banks, quasi -banks, trust entities, and all ot her institutions and their
• subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas (BSP);
• (2) insurance companies and all other institutions supervised or regulated by the Insurance
Commission; and
• (3) (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-end 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 similar entities, 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.
• SEC. 4. Money Laundering Offense. –Money laundering is a crime whereby the proceeds
of an unlawful activity as herein defined are transacted, thereby making them appear to
have originated from legitimate sources. It is committed by the following:
• (a) Any person knowing that any monetary instrument or property represents, involves,
or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said
monetary instrument or property.
• (b) Any person knowing that any monetary instrument or property involves the proceeds
of any unlawful activity, performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in paragraph (a) above.
• (c) Any person knowing that any monetary instrument or property is required under this
Act to be disclosed and filed with the Anti -Money Laundering Council (AMLC), fails to do
so.
 COVERED TRANSACTION

RA 9160
• (b) 'Covered transaction' is a transaction
in cash or other equivalent monetary
• instrument involving a total amount in in
excess of Four million Philippine pesos
• (Php4,000,000.00) or an equivalent
amount in foreign currency based on
the prevailing exchange rate
• within five (5) consecutive banking days
RA 9194
• “(b)Covered transaction" is a
single, series, or combination of
transactions involving a total
amount excess of Five hundred
thousand pesos (P500,000.00)
• within one (1) banking day.
As to the jurisdiction of money laundering
cases?
• regional trial courts shall have jurisdiction to try all cases on money
laundering.
• Those committed by public officers and private persons who are in
conspiracy with such public officers shall be under the jurisdiction of
The Sandiganbayan.
 Freezing order

RA 9160
Auth: AMLC may issue a freeze order
The freezing order for a period not
exceeding fifteen (15) days.
The fifteen (15)-day freeze order of
the AMLC may be extended upon
order of the court, provided that the
fifteen (15)-day period shall be tolled
pending the court’s decision to
extend the period.
RA 9194
Auth: Court of Appeals up to the
latest
The freeze order shall be for a
period of twenty (20) days unless
extended by the court.
 Creation of Anti-Money Laundering Council (AMLC).

The Anti -Money Laundering Council is hereby created and shall be

composed of the
Chairman:
Governor of the Bangko Sentral ng Pilipinas

Members:
Commissioner of the Insurance Commission
Chairman of the Securities and Exchange Commission
• Creation of a Secretariat.
Headed by : an Executive Director
Appointment: shall be appointed by the Council
Term of service: term of five (5) years.
He must be a member of the Philippine Bar, at least thirty -five (35) years of
age and of good moral character, unquestionable integrity and known probity.
All members of the Secretariat must have served for at least five (5) years
either in the Insurance Commission, the Securities and Exchange Commission or
the Bangko Sentral ng Pilipinas (BSP) and shall hold full -time permanent
positions within the BSP.
• Congressional Oversight Committee. –There is hereby created a
Congressional Oversight Committee composed of seven (7) members from
the Senate and seven (7) members from the House of Representatives. The
members from the Senate shall be appointed by the Senate President
based on the proportional representation of the parties or coalitions
therein with at least two (2) Senators representing the minority. The
members from the House of Representatives shall be appointed by the
Speaker also based on proportional representation of the parties or
coalition
• The Oversight Committee shall have the power to promulgate its own rules,
to oversee the implementation of this Act, and to review or revise the
implementing rules issued by the Anti Money Laundering Council within
thirty (30) days from the promulgation of the said rul es.s therein with at
least two (2) members representing the minority.
 REPUBLIC ACT NO. 10365
AN ACT FURTHER STRENGTHENING THE
ANTI-MONEY LAUNDERING LAW,
AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9160, OTHERWISE
KNOWN AS THE "ANTI-MONEY
LAUNDERING ACT OF 2001″, AS AMENDED
• "SEC. 10. Freezing of Monetary Instrument or Property. – Upon a
verified ex parte petition by the AMLC and after determination that
probable cause exists that any monetary instrument or property is in any
way related to an unlawful activity as defined in Section 3(i) hereof,
the Court of Appeals may issue a freeze order which shall be effective
immediately, and which shall not exceed six (6) months depending upon
the circumstances of the case: Provided, That if there is no case filed
against a person whose account has been frozen within the period
determined by the court, the freeze order shall be deemed ipso
facto lifted: Provided, further, That this new rule shall not apply to
pending cases in the courts. In any case, the court should act on
the petition to freeze within twenty-four (24) hours from filing of the
petition. If the application is filed a day before anonworking day, the
computation of the twenty-four (24)-hour period shall exclude the
nonworking days.
RA 6539 “Anti- Carnapping Act”
Carnapping defined.
The taking, with intent to gain, of a motor vehicle
belonging to another without the latter’s
consent, or by means of violence against or
intimidation of persons, or by using force upon
things (Sec 2, RA 6539).
 CARNAPPING
ELEMENTS:
1. Unlawful taking (constitutes lack of
owner’s consent)
2. Intent to gain
3. Motor vehicle belonging to another
4. Use of violence against or intimidation
of persons, or force upon things.
 CARNAPPING
MODES:
1. Stolen while parked unattended (SWPU)
2. Forcibly taken (FT) or Seized at Gunpoint/Intimidation (SAGPI)
Other:
Incidents involving motor vehicles illegally taken from their respective
owners through other means are as 3. failed to return (FTR) cases which
may cover lesser offenses such as Qualified Theft and Estafa (e.g.
borrowed, rented, loaned and the like vehicles)
Sec. 13. Penal Provisions. Any person who violates any provisions of this Act
shall be punished with imprisonment for not less than two years nor more
than six years and a fine equal in amount to the acquisition cost of the motor
vehicle engine or any other part involved in the violation: Provided, That if the
persons violating the provision of this Act is a juridical person, the penalty
herein provided shall be imposed on its president or secretary and/or
members of the board of directors or any of its officers and employees who
may have directly participated in the violation.
Any government official or employee who directly commits the unlawful acts
defined in this Act or is guilty of gross negligence of duty or connives with or
permits the commission of any of the said unlawful act shall, in addition to the
penalty prescribed in the preceding paragraph, be dismissed from the service
with prejudice to his reinstatement and with disqualification from voting or
being voted for in any election and from appointment to any public office.
Section 14. Penalty for Carnapping. Any person who is found guilty of
carnapping, as this term is defined in Section two of this Act, shall, irrespective
of the value of motor vehicle taken, be punished by imprisonment for not less
than fourteen years and eight months and not more than seventeen years and
four months, when the carnapping is committed without violence or
intimidation of persons, or force upon things; and by imprisonment for not
less than seventeen years and four months and not more than thirty years,
when the carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty of life
imprisonment to death shall be imposed when the owner, driver or occupant
of the carnapped motor vehicle is killed in the commission of the carnapping.
RA 10883 “ New law on Carnapping”
• Salient features:
• If committed with violence- 30-40 years of Imprisonment
• If committed without Violence- 20-14 years of Imprisonment
 RA 9372 “Human Security Act of 2007.”
• SEC. 3. Terrorism. – Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:
• 1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d‘Etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing
in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
• thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty
(40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended.
 Penalty for conspiracy to commit terrorism?
-shall suffer the penalty of forty (40) years of imprisonment.
Penalty for an accomplice?
cooperates in the execution of either the crime of terrorism or conspiracy to commit
terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17)
years, four (4) months one day to twenty (20) years of imprisonment.
Penalty for an accessories?
(a) 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 crime, shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
 As to what court has the authority to tap down the communication, to
listen, intercept and record between members of a judicially declared and
outlawed terrorist organization, association, or group of persons or of any
person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism.?
-Court of Appeals
An order issued by the above court in order to track down, tap, listen,
intercept and record between members of a judicially declared and
outlawed terrorist organization, association, or group of persons or of any
person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism.
-Judicial Authorization
As to the effect of the Judicial Authorization issued by the authorizing
division of Court of Appeals.
As to how many days does the Judicial Authorization shall take effect
upon its issuance?
- shall not exceed a period of thirty (30) days from the date of receipt
Is it renewable or extendible?
-Yes, it shall not exceed thirty (30) days from the expiration of the
original period
• If no case is filed within the thirty (30)-day period, the applicant police
or law enforcement official shall immediately notify the person
subject of the surveillance, interception and recording of the
termination of the said surveillance, interception and recording. The
penalty of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon the applicant police or law
enforcement official who fails to notify the person subject of the
surveillance, monitoring, interception and recording as specified
above.
Within how many hours after the expiration of the period fixed in the
written order of the authorizing division of the Court of Appeals or the
expiration of any extension or renewal granted by the authorizing
division of the Court of Appeals, be deposited with the authorizing
Division of the Court of Appeals in a sealed envelope or sealed
package?
- It will be similar to the hours cited in RA 4200---48 Hours
As to the Evidentiary Value of Deposited Materials, is its admissible as an
evidence in court?
SEC. 15. Evidentiary Value of Deposited Materials. – Any listened to,
intercepted, and recorded communications, messages, conversations,
discussions, or spoken or written words, or any part or parts thereof, or
any information or fact contained therein, including their existence,
content, substance, purport, effect, or meaning, which have been
secured in violation of the pertinent provisions of this Act, shall
absolutely not be admissible and usable as evidence against anybody in
any judicial, quasi-judicial, legislative, or administrative investigation,
inquiry, proceeding, or hearing.
 As to what court after due judicial procedure can declare a said person, organization,
association, or group of persons organized for the purpose of engaging in terrorism as
a terrorist?
- SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. –
Any organization, association, or group of persons organized for the purpose of
engaging in terrorism, or which, although not organized for that purpose, actually uses
the acts to terrorize mentioned in this Act or to sow and create a condition of
widespread and extraordinary fear and panic among the populace in order to coerce
the government to give in to an unlawful demand shall, upon application of the
Department of Justice before a competent Regional Trial Court, with due notice and
opportunity to be heard given to the organization, association, or group of persons
concerned, be declared as a terrorist and outlawed organization, association, or group
of persons by the said Regional Trial Court.
 Within how many days that said to be terrorist is allowed to be detained in contrary to Art.
125 of the Revised Penal Code (RPC)?
-SEC. 18. Period of Detention Without Judicial Warrant of Arrest. – The provisions of Article
125 of the Revised Penal Code to the contrary notwithstanding, any police or law
enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism
Council has taken custody of a person charged with or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism shall, without incurring any criminal liability for
delay in the delivery of detained persons to the proper judicial authorities, deliver said
charged or suspected person to the proper judicial authority within a period of three (3) days
counted from the moment the said charged or suspected person has been apprehended or
arrested, detained, and taken into custody by the said police, or law enforcement personnel:
Provided, That the arrest of those suspected of the crime of terrorism or conspiracy to
commit terrorism must result from the surveillance under Section 7 and examination of bank
deposits under Section 27 of this Act.
 What will be happened for the authority who failed to proved the accusation against a
person believed to be a terrorist which arising from a warrantless arrest upon its
acquittal?
- SEC. 50. Damages for Unproven Charge of Terrorism. – Upon acquittal, any person who
is accused of terrorism shall be entitled to the payment of damages in the amount of Five
Hundred Thousand Pesos (P500,000.00) for every day that he or she has been detained
or deprived of liberty or arrested without a warrant as a result of such an accusation. The
amount of damages shall be automatically charged against the appropriations of the
police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the
charges against the accused. It shall also be released within fifteen (15) days from the
date of the acquittal of the accused. The award of damages mentioned above shall be
without prejudice to the right of the acquitted accused to file criminal or administrative
charges against those responsible for charging him with the case of terrorism.
 Anti- Terrorism Council
Executive Secretary – Chairperson
Secretary of Justice- Vice Chairperson
Secretary of Foreign Affairs -Member
Secretary of National Defense -Member
Secretary of the Interior and Local Government -Member
Secretary of Finance-Member
National Security Advisor –Member
National Intelligence Coordinating Agency - Secretariat of the Council.
 Support agencies for the Council.

National Bureau of Investigation

Bureau of Immigration
Office of Civil Defense
The Intelligence Service of the Armed Forces of the Philippines
The Anti-Money Laundering Council
The Philippine Center on Transnational Crime
The Philippine National Police intelligence and investigative elements
Short Function of the Council
The Council shall formulate and adopt comprehensive, adequate,
efficient, and effective anti-terrorism plans, programs, and counter-
measures to suppress and eradicate terrorism in the country and to
protect the people from acts of terrorism. Nothing herein shall be
interpreted to empower the Anti-Terrorism Council to exercise any
judicial or quasi-judicial power or authority.
 Grievance Committee
Ombudsman, as chairperson
Solicitor General, and an undersecretary from the Department of
Justice (DOJ), as members,
- to receive and evaluate complaints against the
actuations of the police and law enforcement officials in the
implementation of this Act. The Committee shall hold office
in Manila.
 Joint Oversight Committee
The Oversight Committee shall be composed of five (5) members each from
the Senate and the House in addition to the Chairs of the Committees of
Public Order of both Houses who shall also Chair the Oversight Committee
in the order specified herein. The membership of the Committee for every
House shall at least have two (2) opposition or minority members. The Joint
Oversight Committee shall have its own independent counsel.
The Chair of the Committee shall rotate every six months with the Senate
chairing it for the first six months and the House for the next six months. In
every case, the ranking opposition or minority member of the Committee
shall be the Vice Chair.
 RA 8792 “ELECTRONIC COMMERCE
ACT “
Electronic Commerce is defined as the process of buying and selling goods electronically by
consumers and from company to company through computerized business transactions.
The salient features of the Act are:
-It provides for the legal recognition of electronic documents or data messages;
-It provides for the legal recognition of electronic signatures;
-It provides for the legal recognition of electronic contract s;
-It mandates all government agencies to, among others, transact government business and
perform government functions using electronic data messages or electronic documents within
two (2) years from the date of effectivity of the Act;
- It mandates the government to install an electronic network to known as the RPWeb within
two years (2) years from the date of effectivity of the Act; and
-It penalizes the offenses of hacking and piracy .
 RA 10175 “Cybercrime Prevention Act of
2012″
Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or
communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or
storage functions and which includes any storage facility or equipment or communications facility or equipment
directly related to or operating in conjunction with such device. It covers any type of computer device including
devices with data processing capabilities like mobile phones, smart phones, computer networks and other
devices connected to the internet.
Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the
computer programs, computer data and/or traffic data so vital to this country that the incapacity or destruction
of or interference with such system and assets would have a debilitating impact on security, national or
economic security, national public health and safety, or any combination of those matters.
Cyber refers to a computer or a computer network, the electronic medium in which online communication takes
place.
Service provider 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
• Interception 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.
• Traffic data or non-content data refers to any computer data other
than the content of the communication including, but not limited to,
the communication’s origin, destination, route, time, date, size,
duration, or type of underlying service.
• Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:
• (a) 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. – The 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. — The 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. — The 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.
• (i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
• (aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this
Act; or
• (bb) 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.
• (ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing
any of the offenses under this section.
• (6) Cyber-squatting. – The 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:
• (i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the
domain name registration:
• (ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
• (iii) Acquired without right or with intellectual property interests in it.
• (b) Computer-related Offenses:
• (1) Computer-related Forgery. —
• (i) The input, alteration, or deletion of any computer data without right resulting in inauthentic 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
• (ii) The act of knowingly using computer data which is the product of computer-related forgery as defined
herein, for the purpose of perpetuating a fraudulent or dishonest design.
• (2) Computer-related Fraud. — The 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:
Provided, That if no
• damage has yet been caused, the penalty imposable shall be one (1) degree lower.
• (3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information belonging to another, whether natural or juridical, without
right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
 Content-related Offenses:
(1) Cybersex. — The 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 defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography
Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775.
(3) 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:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users,
subscribers or customers; or
(iii) The following conditions are present:
(aa) 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;
(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and
(cc) 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.
SEC. 5. Other Offenses. — The following acts shall also constitute an offense:
(a) 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.
(b) 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.
 Preservation of Computer Data?
SEC. 13. Preservation of Computer Data. — The integrity of traffic data
and subscriber information relating to communication services
provided by a service provider shall be preserved for a minimum
period of six (6) months from the date of the transaction. Content data
shall be similarly preserved for six (6) months from the date of receipt
of the order from law enforcement authorities requiring its
preservation.
 Is there any extension as to the preservation of computer data?
Law enforcement authorities may order a one-time extension for another six (6)
months: Provided, That once computer data preserved, transmitted or stored by a
service provider is used as evidence in a case, the mere furnishing to such service
provider of the transmittal document to the Office of the Prosecutor shall be deemed
a notification to preserve the computer data until the termination of the case.
 Disclosure of data from the service provider?
SEC. 14. Disclosure of Computer Data. — Law enforcement authorities,
upon securing a court warrant, shall issue an order requiring any
person or service provider to disclose or submit subscriber’s
information, traffic data or relevant data in his/its possession or control
within seventy-two (72) hours from receipt of the order in relation to
a valid complaint officially docketed and assigned for investigation
and the disclosure is necessary and relevant for the purpose of
investigation.
 As to the custody of data and to what agency will have the custody of the said data after the
submission by the Law Enforcement?
SEC. 16. Custody of Computer Data. — All computer data, including content and traffic data,
examined under a proper warrant shall, within forty-eight (48) hours after the expiration of
the period fixed therein, be deposited with the court in a sealed package, and shall be
accompanied by an affidavit of the law enforcement authority executing it stating the dates
and times covered by the examination, and the law enforcement authority who may access
the deposit, among other relevant data. The law enforcement authority shall also certify that
no duplicates or copies of the whole or any part thereof have been made, or if made, that all
such duplicates or copies are included in the package deposited with the court. The package
so deposited shall not be opened, or the recordings replayed, or used in evidence, or then
contents revealed, except upon order of the court, which shall not be granted except upon
motion, with due notice and opportunity to be heard to the person or persons whose
conversation or communications have been recorded.
What will happen to the data after the above procedures and after the presentation to the
court as an evidence of the case ?
Pursuant to Sec. 17, It will undergo its immediate complete destruction of data after its
preservation and examination.

What court has a jurisdiction over all violation of the said act?
SEC. 21. 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.
Primary Law enforcement Agencies tasked for the full implementation
and regulation the Act?
The NBI and PNP

What will happened if their will be an evidences procured without a

court warrant?
It will be inadmissible as an evidence as per to the Exclusionary Rule
Doctrine.
 • As to what Department of Government were the Office of Cybercrime
will be established or created?
Department of Justice

Cybercrime Investigation and Coordinating Center

There is hereby created, within thirty (30) days from the effectivity of this
Act, an inter-agency body to be known as the Cybercrime Investigation and
Coordinating Center (CICC), under the administrative supervision of the
Office of the President, for policy coordination among concerned agencies
and for the formulation and enforcement of the national cybersecurity plan.
• SEC. 25. Composition.
• Chairperson:
Executive Director of the Information and Communications Technology Office under
the Department of Science and Technology (ICTO-DOST)
• Vice Chairperson :Director of the NBI ;
• Members:
• Chief of the PNP;
• Head of the DOJ Office of Cybercrime;
• and one (1) representative from the private sector and academe, as The CICC shall be
manned by a secretariat of selected existing personnel and representatives from the
different participating agencies.
Laws on Firearms and Ammunition
PD 1866
RA 8294
RA 9516
RA 10591
 Under the law (PD 1866)
If homicide or murder is committed with the use of an unlicensed firearm,
the penalty of death shall be imposed (s1 of PD 1866)
If the violation (firearms and ammunition) in connection with the crimes of
rebellion, insurrection or subversion, the penalty of death shall be imposed
(s1 of PD 1866)
Any person who commits any of the crimes defined in the Revised Penal
Code or special laws with the use of the aforementioned explosives,
detonation agents or incendiary devices, which results in the death of any
person or persons shall be punished with the penalty of death (s3 of PD
1866)
If the violation (explosives) is in furtherance of, or incident to, or in
connection with the crimes of rebellion, insurrection or subversion, the
penalty of death shall be imposed (s3 of PD 1866)
• The law also provides the different penalties for:
• Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms
or Ammunition or Instruments Used or Intended to be Used in the
Manufacture of Firearms of Ammunition (s3 of PD1866)
• Unlawful Manufacture, Sales, Acquisition, Disposition or Possession of
Explosives (s5 of PD 1866)
What is the prima facie evidence of unlawful/illegal manufacture of firearms
or ammunition and explosives?
Possession of any machinery, tool or instrument used directly in the
manufacture of firearms or ammunition (s2 of PD 1866) and explosives (s4 of
PD 1866) by any person not authorized by law
RA 8294 “AN ACT AMMENDING
PROVISIONS OF PD 1866”
For firearm used in the commission of the crime?
-"If homicide or murder is committed with the use of an unlicensed
firearm, such use of an unlicensed firearm shall be considered as an
aggravating circumstance.

Unlicensed firearm?
The term unlicensed firearm shall include:
1) firearms with expired license; or
2) unauthorized use of licensed firearm in the commission of the crime.
• RA 9516
Under the law (RA 9516)
It provides for severe punishment than what is provided under PD 1866 for
some violations thereof.
It provides also that mere possession of any explosive or incendiary device
shall be prima facie evidence that the person had knowledge of the
existence and the explosive or incendiary character of the device
Who shall have the power to determine the absence of intention to
possess?
• Judge
RA 10591“Comprehensive Firearms and Ammunition Regulation Act”.

Categories to consider a firearm as an Antique firearm?

1) firearm which was manufactured at least seventy-five (75) years
prior to the current date but not including replicas; (2) firearm which is
certified by the National Museum of the Philippines to be curio or relic
of museum interest; and (3) any other firearm which derives a
substantial part of its monetary value from the fact that it is novel, rare,
bizarre or because of its association with some historical figure, period
or event.
 Major Parts of a firearm?
Minimum age to own a firearm?
As to the juridical person to Own Firearms and Ammunition ?
As to the juridical person or government entity to Own Firearms and
Ammunition ?
Registration of all firearms and ammunition?
What will be the requirement as to the permit to carry firearms as to be
issued by the C/PNP?
• Who has the burden to prove that his/her life is under actual threat?
The applicant by submitting a threat assessment certificate from the PNP
• (s7 or RA 10591)
• Professionals who are considered to be in imminent danger due to the nature of their
profession, occupation or business:
• Members of the Philippine Bar;
• Certified Public Accountants;
• Accredited Media Practitioners;
• Cashiers, Bank Tellers;
• Priests, Ministers, Rabbi, Imams;
• Physicians and Nurses;
• Engineers; and
• Businessmen, who by the nature of their business or undertaking, are exposed to high
risk of being targets of criminal elements.
 How about if the applicant has been convicted is he eligible for the
application for licensing?
No
• If he is currently an accused in a pending criminal case before any
court, can he still apply for such license?
Yes, if crime that is punishable with a penalty of not more than two
(2) years.
• Kinds of small firearms
Handgun which is a firearm intended to be fired from the hand, which includes:
• A pistol which is a hand-operated firearm having a chamber integral with or
permanently aligned with the bore which may be self-loading; and
• Revolver which is a hand-operated firearm with a revolving cylinder containing
chambers for individual cartridges.
• Rifle which is a shoulder firearm or designed to be fired from the shoulder that can
discharge a bullet through a rifled barrel by different actions of loading, which may
be classified as lever, bolt, or self-loading; and
• Shotgun which is a weapon designed, made and intended to fire a number of ball
shots or a single projectile through a smooth bore by the action or energy from
burning gunpowder.
Salient features :
Owning a firearms as to their types:
• Type 1 license – allows a citizen to own and possess a maximum of two (2) registered
firearms;
• Type 2 license – allows a citizen to own and possess a maximum of five (5) registered
firearms;
• Type 3 license – allows a citizen to own and possess a maximum of ten (10) registered
firearms;
• Type 4 license – allows a citizen to own and possess a maximum of fifteen (15) registered
firearms; and
• Type 5 license – allows a citizen, who is a certified gun collector, to own and possess
more than fifteen (15) registered firearms.
Renewal of Licenses and Registration
For possession- shall be renewed every two (2) years
For registration of FA- shall be renewed every four (4) years

When can we considered a firearm under the custody of the FEO to be abandoned?
Any firearm or ammunition deposited in the custody of the FEO of the PNP
pursuant to the provisions of this Act, shall be deemed to have been abandoned
by the owner or his/her authorized representative if he/she failed to reclaim the
same within five (5) years or failed to advise the FEO of the PNP of the disposition
to be made thereof. Thereafter, the FEO of the PNP may dispose of the same after
compliance with established procedures.
RA 8353 “New rape law”
Is the crime of rape be committed through the insertion of a penis
into another person's mouth or anal orifice?
Yes, under the New Rape law as provided under p2, s2 of RA 8353
What’s the imposable penalty if the victim of rape is under
eighteen (18) years of age and the offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the parent of the
victim?
Death Penalty
 Art. 335
Traditional concept (sexual
intercourse) Penis to vagina
Offender: will always be a Man
Victim: will always be a Woman
R.A. No. 8353
Modern concept (sexual assault)
object to anus or vagina, penis to
mouth or any anal orifice.
Offender: both man and woman
Victim: both man and woman
At what age of a child shall death penalty be imposed in another way
if rape was committed against such child?
When the child is below seven (7) years old (sub 5, section 2 of RA
8353)
What may be the presumptions of rape?
Any physical overt act manifesting resistance against the act of
rape in any degree from the offended party, or where the offended
party is so situated as to render her/him incapable of giving valid
consent, may be accepted as evidence in the prosecution of the acts
punished under Article 266-A (section 2 of RA 8353)
 RA 8042
(Migrant Workers and Overseas Filipinos Act of 1995)
Illegal Recruitment -Shall mean 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 the Labor Code of the Philippines.
"Migrant worker" refers to a person who is to be engaged, is engaged
or has been engaged in a renumerated activity in a state of which he
or she is not a legal resident to be used interchangeably with overseas
Filipino worker
 When can we considered an act to be a simple form of Illegal
Recruitment?
When it involves less than three (3) victims or recruiters
In what instance that illegal recruitment could be considered as an
offense involving economic sabotage?
When committed by a syndicate or in large scale (section 10 of RA 8042)
Q1. Illegal recruitment is deemed committed by a syndicate if?
It is carried out by a group of three (3) or more persons conspiring or
confederating with one another
 • Q2. When will it is considered as committed by large scale?
If committed against three (3) or more persons individually or as a group
(section 10 of RA 8042)

Who will be criminally liable in case of a juridical person?

The officer having control, management or direction of their business
shall be liable

What is the prescriptive period for prosecuting Illegal Recruitment cases?

(Sec. 12)
Simple IR- 5 Years
IR involves Economic Sabotage- 20 years
 • Shall adopt policies and procedures, prepare and implement
programs toward the eradication of illegal recruitment ?
Philippine Overseas Employment Agency (POEA) (section 14 of RA
8042)
Where can the victims of illegal recruitment and other related
cases which are administrative or criminal in nature may file?
They may file with the POEA through a written report or complaint
under oath for assistance purposes (section 16 of RA 8042)
 What are the penalties for illegal recruitment?
Simple IR –
Imprisonment of not less than six (6) years and one day but not more than
twelve (12) years, and a FINE o f not less TWO HUNDRED THOUSAND
(P200,000.00) PESOS nor more than FIVE HUNDRED THOUSAND
(P500,000.00) PESOS.
Illegal Recruitment constituting economic sabotage (large scale and
syndicated) -
LIFE IMPRISONMENT, and FINE of not less than FIVE HUNDRED THOUSAND
(P500,000.00) PESOS nor more than ONE M ILLION (P1m) PESOS.
 Where can ILLEGAL RECRUITMENT Cases be Filed? (sec. 9, RA 8042)
Illegal Recruitment cases may be filed in places where:
a. the offense was committed; or
b. the offended party actually resides at the time of the commission of
the offense

SUPREME COURT DECISIONS

“There is illegal recruitment when one purports to have the ability
to send a worker abroad though without authority or license to do so”
(Pp vs Villas, 277 SCRA 391)
“An illegal recruiter need not present himself to the victim as duly
licensed recruiter. It suffices that he gives an impression of his
ability to enlist the complainants for employment abroad, in order
to include them to tender payment of fees.” (Pp vs. Peralta, 283
SCRA 81)
“Lack of receipts does not mean no transaction for recruitment
for overseas job was made.” (People vs. Naparan, 225 SCRA 714)
 REMEDIES AVAILABLE TO VICTIMS OF IR
Administrative Remedy
A. Complaint for recruitment violation – against a licensed agency and filed with
the Adjudication Office of the POEA
B. Complaint/Report requesting conduct of surveillance / entrapment and other
special operations – filed with the Anti­illegal Recruitment Branch of the Licensing
and Regulation Office, POEA
C. Complaints / reports – may also filed with the DOLE regional Offices and/ or the
POEA Regional Extension Units/Centers nearest the place where the offense was
committed
Criminal Remedy
­ Complaints for Estafa and/or Illegal Recruitment against an illegal recruiter or
a responsible officer of a licensed agency may be filed with the assistance of the
POEA Anti­illegal Recruitment Branch (AIRB), NBI, PNP­CIDG, or directly with the
prosecutor’s office or w ith law enforcement agencies.
 Other special laws
RA 4200 - AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND
OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION,
AND FOR OTHER PURPOSES
RA 8484 - AN ACT REGULATING THE ISSUANCE AND USE OF ACCESS
DEVICES, PROHIBITING FRAUDULENT ACTS COMMITTED RELATIVE
THERETO, PROVIDING PENALTIES AND FOR OTHER PURPOSES
RA 10054 - Motorcycle Helmet Act of 2009
RA 10158 - AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR
THIS PURPOSE ARTICLE 202 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE
RA 9995 - Anti-Photo and Video Voyeurism Act of 2009
RA 10586 - Anti-Drunk and Drugged Driving Act of 2013
RA 8485 AN ACT TO PROMOTE ANIMAL WELFARE IN THE PHILIPPINES,
OTHERWISE KNOWN AS “THE ANIMAL WELFARE ACT OF 1998 as
amended by RA 10631
RA 8293 - AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE
AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE,
PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER
PURPOSES as amended by RA 10372
RA 10368 - Human Rights Victims Reparation and Recognition
Act of 2013
RA 7877 ANTI- SEXUAL HARRASMENT ACT
RA 10361- DOMESTIC WORKER ACT OR BATAS KASAMBAHAY
RA 10535- THE PHILIPPINE STANDARD TIME ACR OF 2013
RA 10609- PROTECTION OF STUDENTS’ RIGHT TO ENROLL IN REVIEW
CENTER ACT OF 2013.
RA 10640- AMMENDING SEC. 21, OF RA 9165
CA 142- AN ACT REGULATING THE USE OF ALIASES.
BP 6-ILLEGAL POSSESIO OF BLADED WAEPON, POINTED OR BLUNT WEAPONS
RA 6235- ANTI HIJACKING LAW
RA 7080- ANTI PLUNDER LAW
RA 8749- PHILIPPINE CLEAN AIR ACT OF 1999
RA 8750- SAET BELT LAW
RA 9745- ANTI TORTURE ACT OF 2009
RA 10168- ANTI TERRORIST FINANCINGPREVENTION AND SUPRESSION ACT 2012
RA 10913- THE ANTI DESTRUCTIVE DRIVING ACT of 2017
END OF PRESENTATION