COMMONLY

VIOLATED
SPECIAL LAWS
COMPREHENSIVE
DANGEROUS
DRUGS ACT OF 2002
(AS AMENDED BY
RA 10640)
HOW DOES THE
STATE PURSUE By apprehending persons involved in the trafficking and use
ITS ANTI-DRUG of dangerous drugs and imposing the appropriate penalties as
POLICY THROUGH provided for in the act
R.A. 9165

Achieving a balance in the national drug control program so

that people with legitimate medical needs are not prevented
from being treated with adequate amounts of appropriate
medications that include the use of dangerous drugs; and,

Providing sustainable program of treatment and rehabilitation

to those who have fallen victims to drug abuse or dangerous
drugs dependence.
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.
WHAT ARE THE SO-CALLED
DANGEROUS DRUGS?
 Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its
any other name. – Embraces every kind, class, genus, or specie of the
plant Cannabis sativa L. including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and ganjab, and embraces every
kind, class and character of marijuana, whether dried or fresh and flowering,
flowering or fruiting tops, or any part or portion of the plant and seeds
thereof, and all its geographic varieties, whether as a reefer, resin, extract,
tincture or in any form whatsoever.

 Methylenedioxymethamphetamine (MDMA) or commonly known as

"Ecstasy", or by its any other name. – Refers to the drug having such
chemical composition, including any of its isomers or derivatives in any
form.
 Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice",
"Meth", or by its any other name. – Refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form

 Opium. – Refers to the coagulated juice of the opium poppy (Papaver

somniferum L.) and embraces every kind, class and character of opium,
whether crude or prepared; the ashes or refuse of the same; narcotic
preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw; and leaves or wrappings of
opium leaves, whether prepared for use or not
 Opium Poppy. – Refers to any part of the plant of the species Papaver
somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
bracteatum and Papaver rhoeas, which includes the seeds, straws, branches,
leaves or any part thereof, or substances derived therefrom, even for floral,
decorative and culinary purposes.
UNLAWFUL ACTS AND
PENALTIES
• ARTICLE II, SECTION 4
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
 Acting as organizer, manager, or financier. (Sec. 4)
ELEMENTS OF VIOLATION OF SECTION 4, OR SECTION 5 OF R.A.
9165

1. That the offender imports or transports, delivers, sells, trades, administers,

dispenses, gives away to another, distributes, dispatches in transit
dangerous drugs or acts as broker in such transaction;
2. That this activity is not authorized by law; and,
3. That the offender knows that what he is dealing with is a dangerous drug.
In order to establish the crime of importation of dangerous drugs, the prosecution
must show that the vessel from which the drugs are landed or on which it arrived
in Philippine waters came from a foreign country (U.S. v Jose G.R. No. 11737)

Exporting dangerous drugs or shipment of merchandise from one port to another

in the same country is not importation of dangerous drugs. However, the drug
trafficker could be convicted of transportation of dangerous drugs under Section
5 (Alfonso case; G.R. No: 78954)

Intent to import is not established if the vessel carrying the dangerous drugs is
just passing through local ports. Without intent to unload, the crime committed is
transportation of dangerous drugs.
TRANSPORTATION OF DANGEROUS DRUGS ( SECTION
5)

 “TRANSPORT” means to carry or convey from one place to

another.
 Inimportation of dangerous drugs, the place of origin, place
of destination or ownership is not material
 The accused cannot be convicted of attempted transportation
of dangerous drugs where he was caught in possession
thereon inside his car, which is not in transit (San Juan v.
People GR No. 177191)
• 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 selling transaction. What is important is that
the poseur buyer received the marijuana from the
accused.
(People vs. Ponferada, G.R. No 101004)
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)

 Actual payment is not an element of selling dangerous drugs. Delivery of

drugs for a consideration consummate the crime.
ATTEMPTED SALE
• To consummate the crime of sale of dangerous drugs, the accused must
deliver the dangerous drugs to the poseur-buyer for consideration.
• In People vs. Figueroa (GR No. 1861141)
The accused showed shabu for sale to poseur-buyer. Prior to the delivery of the
dangerous drugs, the sale was aborted when the police officers immediately
placed accused under arrest. The crime committed is Attempted Sale
A buyer who received the Dangerous Drugs from pusher for a consideration is
liable for possession of dangerous drugs unless he is a police officer or a
civilian acting as a poseur-buyer. On the other hand, the seller is liable for
illegal sale of dangerous drugs.
DELIVERY OF
DANGEROUS DRUGS
Deliver is defined as any act of knowingly
passing a dangerous drug to another, personally
or otherwise, and by any means, with or without
consideration.

Difference to Illegal Selling?

Sale may involve money or any other material
consideration, “delivery” may be with or without
consideration. (People vs. Enriquez, GR No.
99388)
• If the accused is charged with illegal sale and delivery of dangerous drugs,
and the witness testifies on the delivery of dangerous drugs to the accused
but not on the sale transaction, he cannot be convicted of sale of dangerous
drugs, but he is liable for delivery of dangerous drugs since this crime may
be committed even without consideration (People vs. Maongco, GR. No.
196966)
DISPATCHING DANGEROUS DRUGS IN
TRANSIT
• What is punishable under Section 5 of Republic Act 9165 is dispatching in
transit any dangerous drugs and not dispatching somebody to buy or get
dangerous drugs from another.
• The word “dispatch” means sending off dangerous drugs to a particular
desitination
• Example
Following the instruction of “A”, “B” delivered one stick of marijuana to “C”.
“A” is liable for dispatching dangerous drugs in transit, “B” is liable for
delivery and “C” is liable for illegal possession
GIVING AWAY OF DANGEROUS
DRUGS
• In giving away, the dangerous drugs becomes an item or merchandise
presented as a gift or premium (giveaway), where ownership is transferred.

• In people v. lacerna (GR No. 109250)

Accused testified that he gave the plastic bag and the knap sack to his co-
accused because the latter got into the taxicab first and because there was more
room in the backseat that in the front. It was held that by handling the plastic
bag to his companion, accused could not be punished for giving away
Marijuana, there being no intention to donate or give away the drugs.
MAINTENANCE OF A DEN, DIVE, OR
RESORT (SECTION 6)
Den, Dive or Resort. – 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 (Section 3, par. 1 of RA No.
9165)

 Habituality is an element of the crime of maintenance of den, dive or resort.

If a visitor would use drugs in the office on single occasion, the visitor is
liable only for use of dangerous drugs. While the owner of the office is not
liable for maintaining den, dive or resort. (Dacsil and Aquino book)
FOLLOWING PERSONS ARE OFFENDERS IN
CRIME INVOLVING DEN, DIVE OR RESORT
1. The person maintain the den, dive or resort or the owner thereof;
2. Employees of a den, dive, or resort, such as caretaker, helper, watchman
and lookout provided that they are aware of the nature of the place;
3. Visitor of den, dive or resort who is aware of the nature of the place
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)
MANUFACTURE OF
DANGEROUS DRUGS
• Manufacture. – The production, preparation, compounding
or processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or
indirectly or by extraction from substances of natural
origin, or independently by means of chemical synthesis
or by a combination of extraction and chemical synthesis,
and shall include any packaging or repackaging of such
substances, design or configuration of its form, or labeling
or relabeling of its container; except that such terms do not
include the preparation, compounding, packaging or
labeling of a drug or other substances by a duly authorized
practitioner as an incident to his/her administration or
dispensation of such drug or substance in the course of
his/her professional practice including research, teaching
and chemical analysis of dangerous drugs or such
substances that are not intended for sale or for any other
purpose
• Manufacture of dangerous drugs can be proved by direct evidence or
circumstantial evidence

Any of the following circumstances is prima facie proof of manufacture of any

dangerous drugs:
1. The presence of any controlled precursor and essential chemical in the
clandestine laboratory; and
2. The presence of laboratory equipment in the clandestine laboratory
(Section 8 of R.A. 9165)
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;
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.
POSSESSION OF
DANGEROUS DRUGS
• 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)
• Even though a person, who was arrested for possession of cocaine, was found
positive for opium, he shall not be held additionally liable for use of
dangerous drugs under section 15 of RA 9165. Under this provision, where a
person tested positive for dangerous drugs is also found to have in his
possession any of the dangerous drugs, he shall only be held liable for
possession under section 11 thereof. Illegal possession of dangerous drugs
absorbs the use of dangerous drugs (People vs. Galicia, G.R. No. 218402)
USE OF DANGEROUS DRUGS UNDER
SECTION 15
Use of dangerous drugs is committed by a person apprehended or arrested for a
drug-related crime, who is found to be positive for use of any dangerous drugs,
after a confirmatory test provided that he is not in possession of other
dangerous drugs (Section 15, and 38 of RA 9165)

If the user is in possession of dangerous drugs, he shall be prosecuted for

possession of dangerous drugs
SECTION 26. ATTEMPT OR CONSPIRACY. –

Any attempt or conspiracy to commit the following unlawful acts shall be penalized by
the same penalty prescribed for the commission of the same as provided under this Act:

• (a) Importation of any dangerous drug and/or controlled precursor and essential
chemical;
• (b) Sale, trading, administration, dispensation, delivery, distribution and transportation
of any dangerous drug and/or controlled precursor and essential chemical;
• (c) Maintenance of a den, dive or resort where any dangerous drug is used in any
form;
SECTION 26. ATTEMPT OR CONSPIRACY.

• (d) Manufacture of any dangerous drug and/or controlled precursor and

essential chemical; and
• (e) Cultivation or culture of plants which are sources of dangerous drugs.

 Conspiracy or attempt to commit possession or use of dangerous drugs is not

listed as a punishable act under section 26.
PERSONS LIABLE UNDER R.A. NO.
1965
Aside from the pusher, dangerous drug trafficker, possessor and user,
protector/cuddler and financer are also liable for crime involving dangerous
drugs.

Protector/Coddler. – 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
Pusher. – Any person who sells, trades, administers, dispenses, delivers or
gives away to another, on any terms whatsoever, or distributes, dispatches in
transit or transports dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.

Financier. – Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this Ac
CHAIN OF CUSTODY
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)
To establish the chain of custody, the prosecution must show the movements of
the dangerous drugs from its confiscation up to its presentation in court. The
purpose of the establishing the chain of custody is to ensure the integrity of the
corpus delicti
INVENTORY AND PHOTOGRAPH
• Inventory and photographing of confiscated dangerous drugs under section
21 of RA 9165 as amended by R.A. 10640 must be made immediately at the
proper place and before the required witnesses;

• 1. IMMEDIATENESS – Inventory and photographing of confiscated

dangerous drugs must be made immediately by the apprehending officers
after seizure and confiscation thereof
2. PLACE OF INVENTORY AND PHOTOGRAPHING – Inventory and
photographing of confiscate dangerous drugs must be made (a) at the place
where the search warrant s served; (b) at the nearest police station or at the
nearest office of the apprehending officers in case of warrantless seizures;

3. THREE WITNESS- Inventory and photographing of confiscated dangerous

drugs must be made in the presence of (a) accused or person from whom such
items were confiscated or seized or his representative or counsel (b) elected
public officials; (C) representative of the National Prosecution Service or the
Media
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;
2. and Representative of the National Prosecution 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 minimum 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 with the 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 counsel from PAO.
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)
What are the twin conditions to justify a procedural lapse under Section
21 of RA 9165?

(People v. Crispo, G.R. No. 230065, March 14, 2018). In a case, the Supreme
Court mentioned that for justifiable reasons, non-compliance with the
procedure under Section 21 of RA 9165 may be justified provided that the
prosecution must explain the reasons behind the procedural lapses, and that
the integrity and evidentiary value of the seized evidence had nonetheless
been preserved Additionally, in a case, it was emphasized by the Supreme
Court that the justifiable ground for non-compliance must be proven as a fact
and cannot be presumed by the Court (People v. De Guzman, G.R. G.R. No.
186498, March 26, 2010).
MANDATORY POLICY ENUMERATED BY THE SC IN
RELATION TO THE CHAIN OF CUSTODY RULE.
1. In the sworn statements/affidavits, the apprehending/seizing officers must
state their compliance with the requirements of Section 21 (1) of RA 9165,
as amended by RA 10640, and its IRR.
2. In case of non-observance of the provision, the apprehending/seizing
officers must state the justification or explanation therefor as well as the
steps they have taken in order to preserve the integrity and evidentiary
value of the seized/ confiscated items.
3. If there is no justification or explanation expressly declared in the sworn
statements or affidavits, the investigating fiscal must not immediately file the
case before the court. Instead, he or she must refer the case for further
preliminary investigation in order to determine the (non) existence of probable
cause.

4. If the investigating fiscal filed the case despite such absence, the court may
exercise its discretion to either refuse to issue a commitment order (or warrant
of arrest) or dismiss the case outright for lack of probable cause in accordance
with Section 5, Rule 112, Rules of Court (People v. Lim, GR No. 231989,
September 4, 2018).
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)
CONSIDERED VIOLATIONS OF CHAIN
OF CUSTODY RULE
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)
CONSIDERED VIOLATIONS OF CHAIN
OF CUSTODY RULE
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)
CONSIDERED VIOLATIONS OF CHAIN
OF CUSTODY RULE
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)

I. 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 CUSTODY IN A
BUY-BUST OPERATION
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. 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)
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 Supreme Court under Section 5
(5), Article VIII of the Constitution.
 2021 SC RULES ON THE USE OF
BODY-WORN CAMERAS

1.What is the scope of application of these rules?

• These Rules shall apply to all applications, issuances,
and executions of arrest and search warrants and
warrantless arrest.
2.What is a body-worn camera?
• An electronic camera system designated to law
enforcement units for creating, generating, sending,
receiving, storing, displaying, and processing audio-
visual recordings that may be worn during law
enforcement activities.
• 3.What is an Alternative Recording Device?
An electronic camera system which is not a body-worn camera, that is capable
of creating, generating, sending, receiving, storing, displaying, and processing
audio-visual recordings, and may be worn during law enforcement activities. It
may be used as a substitute for body-worn cameras in case of unavailability. To
be used as a functional equivalent, it shall comply with the following minimum
standard requirements:

• i. Video resolution 720p or higher

• ii. Frame rate: 30 frames per second
• iii. Audio: Built-in
• iv. Data and time stamping:Built-in

• v. GPS: Built-in

• vi. Battery life:8 hours continuous

• vii. Storage: Capable of storing 8 hours continuous audio-video footage

• viii. Low-light recording: With night mode built in, a low lux rating,
and/or an infrared (IR) illuminator
• 4.Who is a data custodian?
An officer of the law enforcement agency implementing the arrest
or search warrant, who has the sole responsibility of storing and
safekeeping data recorded from body worn cameras.
• 5. What is the meaning of recording?
Digital material generated as a result of using body-worn cameras
or alternative recording devices, which contains images and audio-
video footages. It shall include the copies of the material created by
way of copying to portable media storage and other data
repositories.
5. What is the rule regarding the use of a body-worn cameras during an
arrest?
• At least one body-worn camera and one alternative recording device, or such
number as necessary to capture and record the relevant incidents during
execution of the warrant shall be worn by members of the team making the
arrest by virtue of a warrant.
• Where a peace officer effectuates an arrest under Rule 113, Section 5 of the
Revised Rules of Criminal Procedure and insofar as it is practicable, the arrest
shall be recorded using body-worn cameras or alternative recording devices in
the same manner as an arrest made with a warrant. Further, in cases of
warrantless arrests effected under Section 21 of the Comprehensive Dangerous
Drugs Act of 2002, as amended, the media representative may be allowed to
record the operation, subject to the custody requirements under Rule 4,
Sections 1, 2, and 3 of these Rules.
6. When shall the body-worn cameras be activated and until when?
• Both video and audio recording functions of the cameras shall be activated as
soon as the officers arrive at the place of arrest. Unless provided in Rule 4,
Section 10 of these Rules, the cameras shall not be deactivated until the
arrest has been fully concluded and the arresting officers have delivered the
person arrested to the nearest police station or jail pursuant to Rule 113,
Section 3 of the Revised Rules of Criminal Procedure.
7. Is it necessary to notify the person to be arrested that execution of a
warrant of arrest is being recorded?
• When making an arrest by virtue of a warrant, the officers wearing the body-
worn cameras or alternative recording devices shall, as early as practicable,
notify the person to be arrested and the other subjects of the recording that
the execution of the warrant of arrest is being recorded and that they are
making an arrest pursuant to a warrant issued by a court
8. What if a body-worn camera is unavailable?
• Should a body-worn camera be unavailable, at least two alternative recording
devices must be used. The officers having such cameras shall ensure that
they are worn in a conspicuous location and in a manner that maximizes their
ability to capture a recording of the arrest.
• In case of malfunction, damage, or unavailability of body-worn cameras,
resort to alternative recording devices may be allowed. Reasons for resorting
to such alternative devices shall be explained in the affidavit to be submitted
to the court under Section 4 of this Rule.
9. Where will the recordings of the body-worn camera be stored?
• All recordings from the body-worn cameras or alternative recording devices
used during the execution of the warrant shall be stored in an external media
storage device and simultaneously deposited in a sealed package with the
issuing court, provided that the officer may, with leave of court, retain a
back-up copy for justifiable reasons for a period not exceeding 15 days.
10. What is the effect of failure to use a body-worn cameras on an arrest
made?
• Failure to observe the requirement of using body-worn cameras or alternative
recording devices shall not render the arrest unlawful or render the evidence
obtained inadmissible. Facts surrounding the arrest may be proved by the
testimonies of the arresting officers, the person arrested, and other witnesses
to the arrest. However, a law enforcement officer who fails, without
reasonable grounds, to use body-worn cameras or alternative recording
devices, or intentionally interferes with the body-worn cameras' ability to
accurately capture audio and video recordings of the arrest,
• or otherwise manipulates such recording during or after the arrest may be
liable for contempt of court. Liability for contempt of court shall not apply if
the body-worn cameras were not activated due to their malfunction and the
law enforcement officers were not aware of the malfunction prior to the
incident or when allowed under Rule 4 Section 10 of the Rules. This is
without prejudice to any administrative, civil, or criminal proceedings that
may be initiated against him or her for the same acts or omissions.
• Failure to timely file the affidavit as required under Section 4 of this Rule
may likewise render the law enforcement officer liable for contempt of court.
11. What is the rule regarding the use of a body-worn cameras during a
search?
• At least one body-worn camera and one alternative recording device or such
number as necessary to capture and record the relevant incidents during
execution of the warrant shall be worn by members of the team conducting
the search by virtue of a warrant. Should a body-worn camera be unavailable,
at least two alternative recording devices must be used. The officers having
such cameras shall ensure that they are worn in a conspicuous location and in
a manner that maximizes their ability to capture a recording of the search.
12. When shall the body-worn cameras be activated and until when?
• Both video and audio recording functions of the cameras shall be activated as
soon as the officers arrive at the place of search, and the cameras shall not be
deactivated until the search has been fully concluded and the officers
conducting the search have left the premises and returned to the police
station.
13. Is it necessary to notify the occupants of the premises to be searched?
• When conducting a search by virtue of a warrant, the officers wearing the
body-worn cameras or alternative recording devices shall, as early as
practicable, notify the lawful occupants of the premises to be searched that
the execution of the search warrant is being recorded and that they are
conducting a search pursuant to a warrant issued by a court.
14. What is the effect of the failure to use a body-worn camera during a
search?
• Failure to observe the requirement of using body-worn cameras or alternative
recording devices, without reasonable grounds, during the execution of the
search warrant shall render the evidence obtained inadmissible for the
prosecution of the offense for which the search warrant was applied.
• A law enforcement officer who fails to adhere to the requirements during the
execution of a search warrant, or intentionally interferes with the body-worn
cameras' ability to accurately capture audio and video recordings of the
search, or otherwise manipulates such recording during or after the search
may be liable for contempt of court.
• Liability for contempt of court shall not apply if the body-worn cameras were
not activated due to their malfunction and the law enforcement officers were
not aware of the malfunction prior to the incident. This is without prejudice
to any administrative, civil, or criminal proceedings that may be initiated
against him or her for the same acts or omissions.
• Failure to timely file the affidavit as required under Section 6 of this Rule
may likewise render the law enforcement officer liable for contempt of court.
15. What are the Circumstances where use of body-worn cameras or
alternative recording devices may be turned off?
• Body-worn cameras or alternative recording devices shall be turned off
during the following circumstances during the arrest or search:
1. Communications between law enforcement personnel unrelated to the
conduct of the search or the arrest;
2. Encounters with undercover officers or confidential informants;
3. When law enforcement officers are on break or otherwise engaged in
personal or non-work-related activities;
• 4. Inside restrooms, locker rooms, or other places where there is a similar
expectation of privacy, and there is no legal reason to be present unless the
premises are covered by the search warrant;
• 5. In locations where individuals have a reasonable expectation of privacy
such as in residences, unless the recording is being made pursuant to a valid
arrest or search warrant of the individuals or locations;
• 6. Strip or body cavity searches when such is necessary as provided in the
warrant;
• 7. Conduct of tactical planning before conducting the search or the arrest;
• 8. Privileged communications between the subject of recordings and other
individuals, such as attorneys, members of the clergy, peer support
counselors, and medical professionals;
• 9. Such other circumstances as may be provided by the trial court issuing the
warrant which is part of constitutional privilege and where the dignity of an
individual may outweigh the public necessity for recording.
Police officers received a tip that there are various drug users in one of the
bars in Makati. Acting on such tip, a search warrant was served to the owner
of the restau-bar. Among apprehended was X who was caught holding a sachet
of shabu intended for consumption at that night. The police officers filed an
information, charging X of two crimes – use and possession of illegal drugs.
Does X committed two separate crimes?

No, X should have been charged with only one crime. Possession is part of illegal
use because the latter necessarily requires the former and the law is compassionate
with users. He is presumed to be a user than a possessor. Only one information will
be made. But if the quantity is such as to show that it is not only for use,
prosecution will be for illegal possession (RA 9165, Sec. 11 in relation to Sec. 15).
In the case at hand, X’s intention was to consume the illegal drug recovered from
him. Hence, only one information should have been filed.
N was apprehended through a buy-bust operation. Upon a tip to the desk
officer regarding drug-related activities, Sta. Barbara Police Station was
instructed to conduct a buy-bust operation. The police told the bystanders
that he wanted to buy shabu. N, one of the bystanders, obliged, going in
and coming out of his house carrying 2 plastic sachets. After which, N was
arrested. On the other hand, N’s version was that a group of 7-8 men, later
identified as police officers, barged into a house, dragged, and frisked
them, but produced nothing. Was N properly convicted of violation of
illegal sale and illegal possession of dangerous drugs?
No for both charges. To convict a person charged with the crime of illegal sale
of dangerous drugs under Section 5, Article II of RA 9165, the prosecution is
required to prove the following elements: (1) the identity of the buyer and the
seller, the object, and the consideration; and (2) the delivery of the thing sold
and the payment therefor. On the other hand, illegal possession of dangerous
drugs under Section 11, Article II of RA 9165 has the following elements: (1)
the accused is in possession of an item or object, which is identified to be a
prohibited or regulated drug; (2) such possession is not authorized by law; and
(3) the accused freely and consciously possessed the drug. In the present case,
there was no showing that there was proper identification of the object. Absent
this requisite, there can be no conviction for the illegal sale. Additionally,
under jurisprudence, it has been repeatedly held that he accused need not
present a single piece of evidence in his defense if the State has not discharged
its onus. The accused can simply rely on his right to be presumed innocent
(People v. Narvas y Balosoc, G.R. No. 241254; July 8, 2019
 CYBERCRIME
PREVENTION
ACT OF 2012 (RA
10175)
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 forms of 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 local computer
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.
PUNISHABLE ACTS
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 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.
b. 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 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
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 or dishonest 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 shall be one (1)
degree lower.
3. Computer-related Identity Theft – Intentional acquisition, 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.
3. 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 the
original 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:
1. Illegal Access
2. Illegal Interception
3. Data Interference
4. System Interference
5. Misuse of Devices
6. Cyber Squatting
7. Computer- related Forgery
8. Computer- related Fraud
9. Computer-related
10. identity Theft
11. Cybersex
OTHER OFFENSES (SEC. 5)
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.
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)
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 laws if committed
by, through and with the use of information and communications technologies
shall be covered by the relevant provisions of this Act. (Sec. 6)
Any evidence procured without a valid warrant or beyond the authority of the
same shall be inadmissible for any proceeding before any court or tribunal.
(Sec. 18)
QUESTION
Mr. Prejudice, the secretary of Ms. Pride, accessed the latter’s personal laptop
without authority. Because Ms. Pride did not approve his request for a vacation
leave, Mr. Prejudice intentionally deleted all the computer files and introduced
virus to the computer system. What crime did Mr. Prejudice commit?
Mr. Prejudice committed data interference which is a violation of Sec. 4(a)(3)
of the Cybercrime Prevention Act. Data interference is 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. Under the said Act, “without right”
refers to either (i) conduct undertaken without or in excess of authority; or (ii)
conduct not covered by established legal defenses, excuses, court orders,
justifications, or relevant principles under the law (RA 10175, Sec. 3(h)). Here,
even if Mr. Prejudice is the secretary of Ms. Pride, he had no authority to
interfere with the personal laptop of his superior. The act of introducing virus
and deleting all the files constitute data interference (RA 10175, Sec. 4(a)(3)).
Note: A prosecution under this Act shall be without prejudice to any liability
for violation of any provision of the RPC, as amended, or special laws (RA
10175, Sec. 7). However, an offender cannot be charged (1) with both online
libel under Sec. 4(c)(4) of RA 10175 and Art. 353 of the RPC or (2) with both
child pornography committed online under Sec. 4(c)(2) of RA 10175 and RA
9775 or the Anti-Child Pornography Act of 2009 as these constitute violations
of the proscription against double jeopardy (Disini v. Secretary of Justice, G.R.
No. 203335, February 11, 2014)
 • NEW ANTI-
CARNAPPING ACT
(RA 10883)
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.
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 motor 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 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 enforcement agencies
(Sec. 15);
c. Transfer of vehicle plate (Sec. 16); and,
d. Sale of second-hand spare parts taken from carnapped vehicle (Sec. 17).
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)
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 was already 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 of violence 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)
SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE,
EXPLOITATION, AND
DISCRIMINATION ACT (RA
7610, AS AMENDED BY RA
7658 AND RA 9231)
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.
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))
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)
PUNISHABLE ACTS
b. Those who commit the act of sexual intercourse of lascivious conduct
with a child exploited in prostitution or subject to other sexual abuse.

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 other sexual abuse; and
3. The child, whether male or female, is below 18 years of age. (Garinga
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)
PUNISHABLE ACTS
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))
QUESTIONS:
The minor victim (AAA) was only fourteen (14) years old when petitioner, O,
a teacher and CAT Commandant of AAA’s school, allegedly molested her by
kissing her on the lips and sucking her breast. In the guise of an initiation to
become an officer, petitioner made her come to his house to which the former
took advantage of AAA. What crime is committed by O?
O should be convicted of lascivious conduct under Sec. 5 (b) of RA 7610. The
requisites for sexual abuse under Section 5 (b) of RA 7610 are as follows: (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 other
sexual abuse; and (3) that the child, whether male or female, is below 18 years
of age. Considering that the victim was only 14 years of age at the time of the
commission of the crime, O is guilty under said law (Orsos v. People, G.R. No.
214673, November 20, 2017)
A complaint was filed against XXX for refusing to provide financial for his
child, CCC. This has caused mental anguish to his wife, AAA. Such refusal
was proven through several witnesses and the number of complaints filed
against XXX in barangay conciliation proceedings. XXX was also seen at a
restaurant with another woman, Can XXX be held liable under RA 7610?
Yes, XXX may be held liable under RA 7610, specifically, section 5(i) of RA
7610. In the case of XXX v. People, the Court discussed the elements of
Section 5(i) under RA 7610:
1. The offended party is a woman and/or her child or children;
2. The woman is either the wife or former wife of the offender, or is &
woman with whom the offender has or had a sexual or dating relationship,
or is a woman with whom such offender has a common child. As for the
woman’s child or children, they may be legitimate or illegitimate, or living
within or without the family abode;
3. The offender causes on the woman and/or child mental or emotional
anguish; and
4. The anguish is caused through denial of financial support
Marley, a 16-year-old barrio lass, was invited by Charlie, a 60-year-old man, to
keep him company in Lights On Lights Off, a beerhouse in the red light district
of Malate. May Charlie be charged for a violation of RA 7610? Explain.
Yes, Charlie may be charged for violation of Sec. 10 (b) of RA 7610. The said
provision punishes other acts of neglect, abuse, cruelty or exploitation and other
conditions prejudicial to the child’s development committed by 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. It further provides, that 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, moral or legal duty. Here, Marley is a minor and is also ten years younger
than Charlie. They are strangers to each other and Charlie is not in the performance
of any moral duty when they hung out together in a public beerhouse. Thus, Charlie
committed other acts of neglect and exploitation punished under Sec. 10 (b) of RA
7610 (RA 7610, Sec. 10 (b)).
SWINDLING BY SYNDICATE (PD
1689)
SYNDICATE
A syndicate is defined as consisting of five or more persons formed with the
intention of carrying out the unlawful or illegal act, transaction, enterprise or
scheme.

In Syndicated Estafa under PD 1689, the circumstances of syndicate is present

if there are at least five offenders. To appreciate syndicate in syndicated estafa,
the court shall consider the number of offenders alleged in the information and
proven by the evidence, and not by the number of accused charged.
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, enterprise or 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 general public.
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.
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)
"Comprehensive Firearms and
Ammunition Regulation Act".
REPUBLIC ACT No. 10591
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
of discharge, such as:
Handgun which is a firearm intended to be fired from the hand, which
includes:
(i) 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
(ii) Revolver which is a hand-operated firearm with a revolving cylinder
containing chambers for individual cartridges.
2. 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
3. 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. regulations (Sec. 3 (dd)).
PUNISHABLE ACTS
a. Unlawful acquisition, or possession of firearms 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
5. Ammunition.
AGGRAVATING CIRCUMSTANCES FOR
ITEMS (1) TO (3)
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.
PUNISHABLE ACTS
• 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
imposed in 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 for illegal 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.
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);
2. Possession of machinery, tool or instrument in the manner stated above by
any person whose business, employment or activity does not lawfully deal
with the possession of such article shall be prima facie evidence that such
article is intended to be used unlawfully.
OTHER PROHIBITED ACTS
3. Arms smuggling (Sec. 33);
4. Tampering, obliteration or alteration of firearms identification
(Sec. 34);
5. Use of imitation firearm (Sec. 35);
6. Planting evidence (Sec. 38);
7. Failure to notify lost or stolen firearm or light weapon (Sec. 40);
and,
8. Unlawful transfer/registration of firearms (Sec. 41).
OTHER RELEVANT RULES
Use of an imitation firearm (Sec. 35) An imitation firearm used in the
commission of a crime shall be considered a real firearm as defined in this Act
and the person who committed the crime shall be punished in accordance with
this Act.

However, injuries caused on the occasion of the conduct of competitions,

sports, games, or any recreation activities involving imitation firearms shall not
be punishable under this Act.
Authority of Barangay Captain to carry firearm

The authority of a Barangay Captain to carry his firearm outside his residence
was rooted in the authority given to him by Local Government Code (LGC),
which states that “in the performance of his peace and order functions, the
punong barangay shall be entitled to possess and carry the necessary firearms
within his territorial jurisdiction…” If the Barangay Captain is within his
barangay, he cannot be separated from his duty as a punong barangay – to
maintain peace and order. (Artillero v. Casimiro, G.R. No. 190569, 2012)
OWNERSHIP OF THE FIREARM IS NOT
AN ESSENTIAL ELEMENT
The petitioner was indicted of the crime of illegal possession of firearms, as
defined and penalized by P.D. No. 1866, as amended by R.A. No. 8294. The
elements for the prosecution of which crime are: (1) the existence of subject
firearm; and (2) the fact that the accused who possessed or owned the same
does not have the corresponding license for it. Verily, ownership is not an
essential element of the crime of illegal possession of firearms. What is merely
required is either actual or constructive possession coupled with animus
possidendi or intent to possess. (Mendoza v. People, G.R. No. 234196, 2018)
WHAT NEEDS TO BE ESTABLISHED FOR
ILLEGAL POSSESSION OF FIREARMS

• To sustain convictions for illegal possession of firearms,

the prosecution must show that:
1. the firearm exists; and,
2. the accused had no corresponding license for it. (De
Guzman y Aguilar v People, G.R. No. 240475, 2019)
 MICHAEL C . MARCAIDA

A S S O C I AT E P R O V I N C I A L P R O S E C U T O R

D O J - O P P M A S B AT E

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