1)

Non-imposition of cruel and unusual punishment or excessive fines (a)Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) Related Constitutional Provision: Article 3, Section 19, par. 1: (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty imposed shall be reduced to reclusion perpetua. The punishment is cruel and unusual when it is so disproportionate to the offense commited as to shock the moral sense of all reasonable men as to what is right and proper under the circumstances. People vs Dionisio GR. No. L-25513: Neither fines nor imprisonment constitute in themselves cruel and unusual punishment, for the constitutional stricture has been interpreted as referring to penalties that are inhuman and barbarous, or shocking to the conscience and fines and imprisonment are definitely not in this category (Cited in Reyes, Criminal Law Book 1, 2008 ed. Page 586)

Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346)

Prohibited the imposition of death penalty. Repealed: RA 8177 (Death by lethal injection); RA 7659 (Death Penalty Law); and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly. In lieu of the death penalty, the following shall be imposed:

(a) the penalty of reclusion perpetua, when the law violated

makes use of the nomenclature of the penalties of the Revised Penal Code; or (b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code.

Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of

the Act, shall not be eligible for parole under Act No. 4180, otherwise known as the Indeterminate Sentence Law, as amended. People vs Tubongbanua [G.R. No. 171271]: Persons previously convicted by final judgment to death should enjoy the beneficial retroactive effect of RA 9346 which is reduction of the death penalty to either life imprisonment or reclusion perpetua, as the case may be. The conclusion is confirmed by Section 3 of the law which makes reference to persons shoes sentences will be reduced to reclusion perpetua by reason of this Act (Concurring opinion)

2)

Justifying circumstances (i) Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262) (a) Battered woman syndrome Battered Woman Syndrome as a Defense. Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code. In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

3)

Exempting circumstances (i) Juvenile Justice and Welfare Act of 2006 (R.A.9344); also refer to Child and Youth Welfare Code (P.D. 603, as amended)

(a) Definition of child in conflict with the law Child in Conflict with Law a child (person under 18 years of age) who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws

(b)Minimum age of criminal responsibility

Age of absolute Irresponsibility was raised to fifteen years of age. Section 6, RA 9344. Minimum Age of Criminal Responsibility. A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subject to an intervention program as provided under Section 20 of the same law A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subject to the appropriate proceedings in accordance with this act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. NOTES: A. CHILDREN ABOVE FIFTEEN (15) BUT BELOW (18) YEARS OF AGE WHO ACTED WITHOUT DISCERNMENT EXEMPT FROM CRIMINAL LIABILITY. b. A minor under eighteen (18) but above fifteen (15) must have acted with discernment to incur criminal liability. The minor is presumed to have acted without discernment since the phrase unless he/she acted with discernment indicates an exception to the general rule that a minor under 18 but above 15 has acted without discernment. c. Thus, it is incumbent upon the prosecution to prove that a minor who is over 15 but under 18 years of age has acted with discernment, in order for the minor not to be entitled to this exempting circumstance. (REYES, Criminal Law, Book One, 2008 ed. Page 225)

(c) Determination of age

 Child in conflict with law shall enjoy the PRESUMPTION OF MINORITY. Age of child may be determined primarily by documentary evidence (Birth Certificate, Baptismal Certificate, Etc.) If none, by information from the child, or testimonies of other persons, or by his physical appearance. In case of doubt, it shall be resolved in favor of the child. How to contest the determined age of a child in conflict with law? IF NO INFORMATIN HAS BEEN FILED YET by filing in a case in a summary proceeding for the determination of age before a Family Court. Said court shall decide within 24 hours from receipt of the appropriate pleadings of all interested parties. IF A CASE HAS BEEN FILED AGAINST A CHILD IN CONFLICT WITH LAW AND IS PENDING IN THE APPROPRIATE COURT by filing a motion to determine the age of the child in such where the case was pending. Proceedings shall be suspended on the main case pending the hearing of said motion.

(d) Exemption from criminal liability Children Below the Age of Criminal Responsibility. If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child.

If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD.

If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise known as "The Child and Youth Welfare Code".

Status Offenses. Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. Offenses Not Applicable to Children. Persons below eighteen (18) years of age shall be exempt from prosecution for the crimes of a) vagrancy and prostitution under Section 202 of the Revised Penal Code, b) c) mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619

such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and treatment program. Exemption from the Application of Death Penalty. The provisions of the Revised Penal Code, as amended, Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and other special laws notwithstanding, no death penalty shall be imposed upon children in conflict with the law.

4)

Qualifying Aggravating Circumstance

(a) Decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives (P.D. 1866, as amended by R.A. 8294) as an aggravating circumstance

Section 1 of PD 1866 as amended by RA 8294 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. Section 3 of PD 1866 as amended by RA 8294 When a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of the unlawfully manufactured, assembled, dealt in, acquired, disposed or possessed hand grenade(s), rifle grenade(s), and other explosives, including but not limited to pillbox molotov cocktail bombs, fire bombs, or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person, which results in the death of any person or persons, the use of such explosives, detonation agents or incendiary devices shall be considered as an aggravating circumstance.

NOTE: RA 9516 (not included in the SC Syllabus) further amended PD 1866. In said law, Section 3 was amended and above portion was not reproduced.

(b) The Comprehensive Dangerous Drugs Act of 2002 (R.A.9165) As a qualifying aggravating circumstance Section 25 of RA 9165 - Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable.

Immunity from prosecution and punishment, coverage

SECTION 33 of RA 9165 - Immunity from Prosecution and Punishment any person who has violated any of the following: a. Section 7 (Employees and Visitors of a Den, Dive or Resort b. Section 11 (Possession of Dangerous Drugs) c. Secton 12 (Possession of Equipment, instrument, apparatus and other paraphernalia for dangerous drugs) d. Secton 14 (Possession of Equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties or social gatherings or meetings e. Section 15 (Use of Dangerous Drugs) f. Section 19 (Unlawful prescription of Dangerous Drugs) g. Who voluntarily gives information about any violation of the following, and willingly testifies against such persons: h. Section 4 (Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals) i. Section 5 (Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals) j. Section 6 (Maintenance of a Den, Dive or Resort) k. Section 8 (Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals) l. Section 10 (Manufacture or Delivery of Equipment, instrument, apparatus and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals) m. Section 13 (Possession of Dangerous Drugs during parties, social gatherings or meetings) n. Section 16 (Cultivation or Culture of Plants Classified as Dangerous Drugs or are sources thereof) o. Any violations of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities, and arrest of all or any members thereof.

(a) SHALL BE EXEMPTED FROM PROSECUTION OR PUNISHMENT FOR THE OFFENSE with reference to the which his/her information or testimony was given, and may plead or prove the giving of such information and testimony in bar of such prosecution, (b) PROVIDED, that the following conditions concur: (1) (2) (3) (4) The information and testimony are necessary for the conviction of the persons described above; Such information and testimony are not yet in the possession of the State; Such information and testimony can be corroborated on its material points; the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment.

(5)

(c) Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness. Termination of the Grant of Immunity. The immunity granted to the informant or witness, shall not attach should it turn out subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed against. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this Act or any other law, decree or order shall be deemed terminated. In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or

should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits previously accorded him under this Act or in any other law, decree or order shall be deemed terminated.

c) Minor offenders Section 66. Suspension of Sentence of a First-Time Minor Offender . An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act (Possession of Illegal Drugs), but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions: (a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws; (b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and (c) The Board favorably recommends that his/her sentence be suspended. While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18) months. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the provisions of this Section:

"Art. 192. Suspension of Sentence and Commitment of Youthful Offender. If after hearing the evidence in the proper proceedings, the court should find that the youthful offender has committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court, upon application of the youthful offender if it finds that the best interest of the public as well as that of the offender will be served thereby, may suspend all further proceedings and commit such minor to the custody of care of the Department of Social Welfare, or to any training institution operated by the government or any other responsible person until he shall have reached twenty-one years of age, or for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare or the government training institution or responsible person under whose care he has been committed. Upon receipt of the application of the youthful offender for suspension of his sentence, the court may require the Department of Social Welfare to prepare and submit to the court a social case study report over the offender and his family. The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or government training institution as the court may designate subject to such conditions as it may prescribe. The benefits of this article shall not apply to a youthful offender who has once enjoyed suspension of sentence under its provisions or to one who is convicted of an offense punishable by death or life imprisonment.

Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender If the accused first time minor offender under suspended sentence complies with the applicable rules and regulations of the Board, including confinement in a Center, the court, upon a favorable recommendation of the Board for the final discharge of the accused, shall discharge the accused and dismiss all proceedings. Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other than the

confidential record to be retained by the DOJ relating to the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose. Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act (Use of Illegal Drugs) but not more than eighteen (18) years of age at the time when judgment should have been promulgated.

d) Application/Non application of RPC provisions (Sec. 98, R.A. No. 9165) provisions (sec. 98) cf. Art. 10, RPC

Section 98. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule or regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death.

5) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (P.D. 1829) a) Punishable acts PUNISHABLE ACTS UNDER PD 1829 knowingly or willfully obstructs, How Committed

preventing witnesses from testifying in any criminal proceeding or from reporting the

impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases

commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of

or in official proceedings in, criminal cases; giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. PENALTY IMPOSED: Prision Correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed. If any of the foregoing acts is committed by a public official or employee, he shall in addition to the penalties provided thereunder, suffer perpetual disqualification from holding public office.

(ii) Compare with Article 20 (accessories exempt from criminal liability)

6)

Indeterminate Sentence Law (R.A. 4103, as amended) (a) Application on the imposed sentence Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the said Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense; and if the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said

law and the minimum shall not be less than the minimum term prescribed by the same.

(b) Coverage (c) Conditions of parole 7) PROBATION LAW

8)

Anti-Piracy and Anti- Highway Robbery (P.D.532)

Definition of terms

DEFINITION OF TERMS USED UNDER P.D. 532 Philippine Waters

shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction.

Vessel

Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing.

Philippin e Highway

shall refer to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both.

Acts Punishable under PD 532

How Committed

Penalty Imposed

1) Piracy

Any attack upon or seizure of any vessel or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof by means of violence against or intimidation of persons or force upon things committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters.

Reclusio Reclusion n perpetua Tempor al if physical medium injuries or and other maximu crimes are m committed periods as a result or on occasion thereof.

Death If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel

The seizure of any person for ransom,

reclusio n

reclusion temporal in

Death

2)Highwa y Robbery / Brigand age

extortion or other tempor unlawful purposes al in its minimu or the taking away m of the property of period another by means of violence against or intimidation of person or force upon things of other unlawful means committed by any person on any Philippine Highway.

its medium and maximum periods If physical injuries or other crimes are committed during or on the occasion of the commissio n of robbery or brigandage

If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion thereof,

3.1) Aidin g: Pirates or highway robbers, and brigands or 3.2) Abetting: piracy or highway robbery/ brigandage NOTE: It shall be presumed that any person who does any of the acts provided has performed knowingly,

Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, : a) such as giving them information about the movement of police or other peace officers of the government, b) or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom; any person who

shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code.

unless the contrary is proven.

directly or indirectly abets the commission of piracy or highway robbery or brigandage

9)

Anti-Hijacking Law (P.D. 6235)

Punishable acts

Acts Punishable under PD 6235

Penalty Imposed

When The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but not more than fifty thousand pesos shall be imposed:

1) any person who compel a change in the course or destination of an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. NOTE: An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation.

imprisonment of not less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand pesos but not more than forty thousand pesos.

Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft; Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or Whenever the crime is accompanied by murder, homicide,

2) any person who compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory 3) any person, imprisonment of at natural or juridical, least five years but to ship, load or not more than ten carry in any years or by a fine of passenger aircraft not less than ten operating as a thousand pesos but public utility within not more than the Philippines, any twenty thousand explosive, pesos flammable, corrosive or poisonous substance or NOTE: if the violation is material. committed by a juridical person, the penalty shall NOTE: The shipping, be imposed upon the loading or carrying of any manager, substance or material representative, director, mentioned in the agent or employee who preceding section in any violated, or caused, cargo aircraft operating as directed, cooperated or a public utility within the participated in the Philippines shall be in violation thereof. In case accordance with the violation is regulations issued by the committed in the Civil Aeronautics interest of a foreign Administration corporation legally doing business in the Philippines, the penalty shall be imposed upon its resident agent, manager, representative or director responsible for such violation and in addition thereto, the license of said corporation to do business in the

serious physical injuries or rape.

NOTE: For any death or injury to persons or damage to property resulting from a violation of aforesaid acts, the person responsible therefor may be held liable in accordance with the applicable provisions of the Revised Penal Code.

Philippines revoked. 4)Violation of regulations of Civil Aeronautics Board with regard to the shipping, loading or carrying of any substance or material in any cargo aircraft operating as a public utility within the Philippines

shall

be

imprisonment of at least five years or by a fine of not less than ten thousand

5) Human Security Act

Acts punishable under RA 9372 TERRORISM a) Piracy in General and Mutiny in the High Seas or in the Philippine Waters b) Rebellion or Insurrection c) Coup d' Etat, including acts committed by private persons d) Murder THEREBY SOWING AND CREATING A CONDITION OF WIDESPREAD AND EXTRAORDINARY FEAR AND PANIC

Penalty Imposed

forty (40) years of imprisonment, without the benefit of parole as provided for under Act No.

e) Kidnapping and Serious Illegal Detention f) Crimes Involving Destruction, or under: Presidential Decree No. 1613 (The Law on Arson); Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990); Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968); Republic Act No. 6235 (Anti-Hijacking Law); Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and, 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

AMONG THE POPULACE, IN ORDER TO COERCE THE GOVERNMENT TO GIVE IN TO AN UNLAWFUL DEMAND

4103, otherwise known as the Indeterminate Sentence Law, as amended.

Explosives)

Who are liable SEC. 4. Conspiracy to Commit Terrorism. Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment. There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as herein defined and decide to commit the same. SEC. 5. Accomplice. Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4 hereof, 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 months one day to twenty (20) years of imprisonment. SEC. 6. Accessory. Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following manner: (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. Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of subparagraph (a).

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. Period of Detention 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 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. The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of terrorism, present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day or night. It shall be the duty of the judge, among other things, to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. The judge shall forthwith submit

his/her report within three calendar days from the time the suspect was brought to his/her residence or office. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided ,That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph. SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided, however, That within three days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately.

6)

Anti-Torture Act of 2009 (R.A. 9745) Punishable acts

ACTS PUNISHABLE UNDER RA 9475

DEFINITION

HOW COMMITTED

 Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach; Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten; Electric shock; 1) Physical torture a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s); The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation; Being tied or forced to assume fixed and stressful bodily position; Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals; Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.; Dental torture or the extraction of the teeth; Pulling out of fingernails; Harmful exposure to the elements such as sunlight and extreme cold; The use of plastic bag and other materials placed over the head to the point of asphyxiation; The use of psychoactive drugs to change the perception, memory. forced

alertness or will of a person, such as the administration of drugs to induce confession and/or reduce mental competency; or The use of drugs to induce extreme pain or certain symptoms of a disease; and Other analogous acts of physical torture Blindfolding; Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts; 2) Mental/ Psycholog ical Torture refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale Confinement in solitary secret detention places; Prolonged interrogation; Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner; Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed; Maltreating a person's family; member/s of a cells or

Causing the torture sessions to be witnessed by the person's family, relatives or any third party; Denial of sleep/rest; Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body against his/her will; Deliberately prohibiting the victim to communicate with any member of

his/her family; and Other analogous acts mental/psychological torture. of

3) Other Cruel, Inhuman and Degrading Treatment or Punishme nt

refers to a deliberate and aggravated treatment or punishment not enumerated as Physical or Mental/Psychological torture inflicted by a person in authority or agent of a person in authority against another person in custody which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter. NOTE: The assessment of the level of severity shall depend on all the circumstances of the case, including the duration of the treatment or punishment, its physical and mental effects and, in some cases, the sex, religion, age and state of health of the victim. Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be carried out with impunity are hereby

4) Prohibited Detention

prohibited.

Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or commission thereof. In which case, torture shall be treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws.

Who are Criminally Liable. Principals a) Any person who actually participated or induced another in the commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal b) Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. c) The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals.

 Accomplice

Accessories a) Any public officer or employee who has knowledge that torture or other cruel, inhuman and degrading treatment or punishment is being committed and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of the following manner: i) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or punishment; ii) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery; o iii)By harboring, concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the official's public functions.

7) Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives (P.D. 1866, as amended by R.A. 8294) as an element of the crimes of rebellion, insurrection, sedition, or attempted coup detat Section 1. Unlawful manufacture, sale, acquisition, disposition, or possession of firearms or ammunition or instruments used or intended to be used in the manufacture of firearms or ammunition The penalty of prision correccional in its maximum period and a fine of not less than Fifteen thousand pesos (P 15,000.00) shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm, such as rimfire handgun, .38 or. .32 and other firearm of similar firepower, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition; Provided that no other crime was committed.

XXXXXXXXXXXXXXXXX If the violation of this Section is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d etat, such violation shall be absorbed as an element of the crime of rebellion, or insurrection, sedition, or attempted coup d etat. Section 3. Unlawful manufacture, sale, acquisition, disposition or possession of explosives. The penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than fifty thousand pesos (P 50,000.00) shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other explosives, including but not limited to pillbox, molotov cocktail bombs, fire bombs or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person. XXXXXXXXXXXXXXXXX If the violation of this Section is in furtherance of, or incident to, or in connection with the crime of rebellion, insurrection, sedition or attempted coup detat, such violation shall be absorbed as an element of the crimes of rebellion, insurrection, sedition or attempted coup d etat.

8)

Human Security Act of 2007 (R.A. 9372) Punishable acts of terrorism

Acts punishable under RA 9372 TERRORISM a) Piracy in General and Mutiny in the High Seas or in the Philippine Waters b) Rebellion or Insurrection

Penalty Imposed

c) Coup d' Etat, including acts committed by private persons d) Murder e) Kidnapping and Serious Illegal Detention f) Crimes Involving Destruction, or under: Presidential Decree No. 1613 (The Law on Arson); Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990); Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968); Republic Act No. 6235 (Anti-Hijacking Law); Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and, Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and

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

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.

Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

Who are liable SEC. 4. Conspiracy to Commit Terrorism. Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment. There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as herein defined and decide to commit the same. SEC. 5. Accomplice. Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4 hereof, 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 months one day to twenty (20) years of imprisonment. SEC. 6. Accessory. Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following manner: (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. Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of subparagraph (a). 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.

(iii) Absorption principle in relation to complex crimes

9)

The New Public Bidding Law (R.A. 9184) Prohibited acts ACTS PUNISHABLE UNDER RA 9184

(a) Without prejudice to the provisions of RA 3019 (Anti-Graft and Corrupt Practice Act) and other penal laws, public officers who commit any of the following acts:
Open any sealed Bid including but not limited to Bids that may have been submitted through the electronic system and any and all documents required to be sealed or

divulging their contents, prior to the appointed time for the public opening of Bids or other documents. Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of Bids or other documents. Unduly influencing or exerting undue pressure on any member of the Bids and Awards Committee or any officer or employee of the procuring entity to take a particular bidder. Splitting of contracts which exceed procedural purchase limits and competitive bidding. When the head of the agency abuses the exercise of his power to reject any and all bids* with manifest preference to any bidder who is closely related to him**

b) Private individuals who commit any of the following acts, including any public officer, who conspires with them
When two or more bidders agree and submit different Bids as if they were bona fide, when they knew that one or more of them was so much higher than the other that it could not be honestly accepted and that the contract will surely be awarded to the pre-arranged lowest Bid. When a bidder maliciously submits different Bids through two or more persons, corporations, partnerships or any other business entity in which he has interest of create the appearance of competition that does not in fact exist so as to be adjudged as the winning bidder.undue advantage to any one of them. Withdraw a Bid, after it shall have qualified as the Lowest Calculated Bid/Highest Rated Bid, or to accept and award, without just cause or for the purpose of forcing the Procuring Entity to award the contract to another bidder. This shall include the non-submission of requirements such as, but not limited to, performance security, preparatory to the final

award of the contract.

When the bidder is a juridical entity, criminal liability and the accessory penalties shall be imposed on its directors, officers or employees who actually commit any of the foregoing acts.

17)

Anti-Alias Law (C. A. 142) EXCEPTIONS

ACTS PUNISHABLE UNDER CA 141

a) Any person who shall use any Except as a pseudonym solely for: name different from: literary the one with which he was cinema registered at birth in the Television office of the local civil radio registry, or other entertainment or with which he was purposes baptized for the first time, and in athletic events where or, in case of an alien, with the use of pseudonym is a which he was registered in normally accepted practice the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court: b) Any person who desires to use an alias and failed to apply for authority therefor in proceedings like those legally provided to obtain judicial authority for a change of name, and no person shall be allowed tos ecure such judicial authority for more than one alias. c) Any person who shall shall: represent himself in any public or private transaction or shall sign or execute any

public or private document without stating or affixing his real or original name and all names or aliases or pseudonym he is or may have been authorized to use who was been baptized with a name different from that with which he was registered at birth in the local civil registry, or in case of an alien, registered in the bureau of immigration upon entry, or any person who obtained judicial authority to use an alias, or who uses a pseudonym **Pseudonym - A fictitious name, especially a pen name.

18)

The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165)

Punishable acts When Maximum penalty is imposed

Acts punishable under RA 9165

By whom commit ed

How commited

Penalty

a) Import ation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

Any person, not authoriz ed by law

import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances

life imprisonme nt to death and a fine ranging from P500,000.0 0 to P10,000,00 0.00

When a diplomatic passport, diplomatic facilities or any other means involving his/her official status was used intended to facilitate the unlawful entry of the

derived therefrom even for floral, decorative and culinary purposes. import controlled precursor essential chemical. 12 years and 1 day to 20 years And a fine ranging from P100,000.0 0 to P500,000.0 0 12 years and 1 day to 20 years And a fine ranging from P100,000.0 0 to P500,000.0 0 life imprisonme nt to death and a fine ranging from P500,000.0 0 to P10,000,00 0.00

any and

Any person, not authoriz ed by law

same. In addition, the diplomatic passport shall be confiscated and cancelled; organizes, manages or acts as a "financier"

protector /coddler of any violator

b) Sale, Trading, Administra tion, Dispensati on, Delivery, Distributio n and Transporta tion of Dangerous Drugs and/or Controlled Precursors and

Any Who shall: person, not sell authoriz trade ed by law administer Dispense Deliver give away to another

If the punishable act(s) transpires within one hundred (100) meters from the school If the victim of the offense is a minor or a mentally incapacitated individual, or should dangerous a

distribute

Essential Chemicals

dispatch transit transport

in or

any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

drug and/or a controlled precursor and essential chemical involved in any offense be the proximate cause of death of a victim thereof For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade If 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

Any person, not authoriz ed by law

Who shall: sell trade administer Dispense Deliver give away to another

12 years and 1 day to 20 years And a fine ranging from P100,000.0 0 to P500,000.0 0

distribute any controlled precursor and essential chemical, or shall act as a broker in such transactions

cause of death of a victim thereof organizes, manages acts as financier protector /coddler 12 years and 1 day to 20 years And a fine ranging from P100,000.0 0 to P500,000.0 0 c) Mainte nance of a Den, Dive or Resort Any person or group of persons maintain a den, dive or resort where any dangerous drug is used or sold in any form life imprisonme nt to death and a fine ranging from P500,000.0 0 to P10,000,00 0.00 12 years and 1 day to 20 years And a fine ranging from P100,000.0 0 to P500,000.0 0 organizes, manages or acts as a "financier" every case where any dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a place. Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort

or a

Any person or group of persons

maintain a den, dive, or resort where any controlled precursor and essential chemical is used or sold in any form.

Maintain er, owner and/or operator of such den, dive or resort

death and a fine ranging from P1,000,000 .00 to P15,000,00 0.00

If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government Provided, That the criminal complaint shall specifically allege that such place is intentionally used in the furtherance of the crime: Provided, further, That the prosecution shall prove such intent on the part of the owner to use the property for such purpose Provided, finally, That the owner shall be included as an accused in the criminal complaint. Any employ ee of a den, dive or resort, who is aware of the nature of the place as such; and Any person who, not being include d in the provisi

12 years and 1 day to 20 years And a fine ranging from P100,000.0 0 to P500,000.0 0

ons of the next precedi ng, paragr aph, is aware of the nature of the place as such and shall knowin gly visit the same

d)Manufact ure of Dangerou s Drugs and/or Controlle d Precursor s and Essential Chemical s

Any person, not authorize d by law

engage in the manufacture of any dangerous drug

life imprisonme nt to death and a fine ranging from P500,000.0 0 to P10,000,00 0.00

organizes, manages or acts as a "financier

And a fine ranging from P100,000.0 0 to P500,000.0 0 The presence of any controlled precursor and essential chemical or

Any person, not authoriz ed by law

manufacture any controlled precursor and essential chemical.

12 years and 1 day to 20 years

laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or established under the following circumstances: (a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s: (b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or school premises; (c) Any clandestine laboratory was secured or protected with booby traps; (d) Any clandestine laboratory was concealed with legitimate business operations; or (e) Any employment of a practitioner, chemical engineer, public official or foreigner. 12 years and 1 day to 20 years And a fine ranging from P100,000.0 0 to P500,000. 12 years and 1 day to 20 years And a fine ranging from P100,000.0 0 to P500,000. 12 years and 1 day to 20 years uses a minor or a mentally incapacitated individual to

protector/ coddler

e) Illegal Chemical Diversion of Controlled Precursor s and Essential Chemicals

Any person, not authorized by law

Shall illegally divert any controlled precursor and essential chemical.

f) Manuf acture or Delivery of

Any person, not authorized

Shall: deliver,

Equipmen t, Instrume nt, Apparatu s, and Other Parapher nalia for Dangerou s Drugs and/or Controlle d Precursor s and Essential Chemical s

by law

possess with intent to deliver, or manufactur e with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should know, hat it will be used to plant, propagate , cultivate,

And a fine ranging from P100,000.0 0 to P500,000.

deliver such equipment, instrument, apparatus and other paraphernalia for dangerous drugs.

IF: it will be used to inject, ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of this Act = 6 months and 1 day to 4 years and a fine ranging from P10,000.00 to P50,000.00

grow, harvest, manufact ure, compound , convert,

 produce, process, prepare, test, analyze, pack, repack, store, c

ontain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act.

g)Possessio n of Dangerou s Drugs

Any person, not authorized by law

possess any dangerous drug in the following quantities, regardless of the degree of purity thereof: 10 grams or more of opium 10 grams or more of

life imprisonme nt to death and a fine ranging from P500,000.0 0 to P10,000,00 0.00

When possessed or have under his control during a party or at a social gathering or meeting, or in the proximate company of at least two (2) persons

morphine 10 grams or more of heroin 10 grams or more of cocaine or cocaine hydrochlo ride 50 grams or more of methamp hetamine hydrochlo ride or "shabu"

10 grams or more of marijuana resin or marijuana resin oil; 500 grams or more of marijuana

10 grams or more of other dangerou s drugs such as, but not limited to, methylen edioxyme thamphet amine (MDA) or "ecstasy", parameth oxyamphe

tamine (PMA), trimethox yampheta mine (TMA), lysergic acid diethylami ne (LSD), gamma hydroxya mphetami ne (GHB), and those similarly designed or newly introduce d drugs and their derivative s, without having any therapeuti c value or if the quantity possessed is far beyond therapeuti c requireme nts, as determine d and promulgat ed by the Board.

if the quantity of methampheta mine hydrochloride

life imprisonme nt to death

or "shabu" is ten (10) grams or more but less than fifty (50) grams;

and a fine ranging from P500,000.0 0 to P10,000,00 0.00

if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of m, hine, n, opiu

20 years and 1 day to life imprisonme nt and a fine ranging from P400,000.0 0 P500,000.0 0

morp

heroi

cocai ne or cocaine hydrochlorid e, marij uana resin or marijuana resin oil, meth amphetamin e hydrochlorid e or "shabu", or

other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirement s; or three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana; If the quantities of dangerous drugs are less than five (5) grams of 12 years and 1 day to 20 years and a fine ranging from P300,000.0

opium, morphine, heroin, 0 to P400,000.0 0

cocaine or cocaine hydrochlorid e, marijuana resin or marijuana resin oil, methamp hetamine hydrochlorid e or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirement

s; or less than three hundred (300) grams of marijuana.

h)Possessio n of Equipmen t, Instrumen t, Apparatus and Other Paraphern alia for Dangerou s Drugs

Any person, not authorized by law

possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administe ring, injecting, ingesting,

6 months and 1 day to four 4 years and a fine ranging P10,000.00 to P50,000.00

or introducing any dangerous drug into the body Provided, That in the case of medical practitioners and various professionals

who are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof. NOTE: The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 of

this Act.

i)Use of Dangerou s Drugs

A person apprehen ded or arrested, who is found to be positive for use of any dangerous drug, after a confirmat ory test

minimum of 6 months rehabilitatio n in a governmen t center for the first offense, subject to the provisions of Article VIII of this Act. If apprehende d using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonme nt ranging from 6 years and 1 day to twelve 12 years and a fine ranging from P50,000.00 to P200,000.0 0

Note: This Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug, in which case

the provisions stated therein shall apply. j)Cultivatio n or Culture of Plants Classified as Dangerou s Drugs or are Sources Thereof Any person, not authorized by law Shall: plant, cultivate or culture life imprisonme nt to death and a fine ranging from P500,000.0 0 to P10,000,00 0.00 If the land involved is part of the public domain organizes, manages or acts as a "financier"

marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufacture d or derived

The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such cultivation or culture despite the exercise of due diligence on his/her part. Protecto r/coddler 12 years and 1 day to 20 years And a fine ranging from P100,000.0 0 to

P500,000.

k) Maintenanc e and Keeping of Original Records of Transaction s on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

any practi tioner , manu factur er, whole saler, impor ter, distrib utor, dealer or retail er

violates or fails 1 year 1 to comply with day to 6 the years maintenance and a fine and keeping of ranging the original from records of P10,000.00 transactions on to any dangerous P50,000.00 drug and/or controlled An precursor and additional essential penalty chemical shall be imposed through the revocation of the license to practice his/her profession, in case of a practitioner , or of the business, in case of a manufactur er, seller, importer, distributor, dealer or retailer.

l) Unnecessar y Prescriptio n of Dangerous Drugs

Practi tioner

prescribe any dangerous drug to any person whose physical

or

12 years and 1 day to 20 years And a fine ranging from P100,000.0

physiological condition does not require the use or in the dosage prescribed

0 to P500,000 and the additional penalty of the revocation of his/her license to practice life imprisonme nt to death and a fine ranging from P500,000.0 0 to P10,000,00 0.00) life imprisonme nt to death and a fine ranging from P500,000.0 0 to P10,000,00 0.00

m) Unlawful Prescriptio n of Dangerous Drugs

shall make or issue a Any prescription or person, any other not authoriz writing ed by purporting to be a prescription law for any dangerous drug.

n)Criminal Liability of a Public Officer or Employee for Misappropr iation, Misapplicat ion or Failure to Account for the Confiscated , Seized and/or Surrendere d Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled

any public officer or employe e who

misappropriat es, misapplies or fails to account for confiscated , seized or surrendere d dangerous drugs, plant sources of dangerous drugs,

Precursors and Essential Chemicals, Instrument s/Parapher nalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed

controlled precursors and essential chemicals, instruments/ paraphernali a and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts s provided for in this Act.

Any elective local or national official

found to have benefited from the proceeds of the trafficking of dangerous drugs or have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs

shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediarie s, including governmentowned or controlled corporations.

o)Liability to a Person Violating Any Regulation Issued by the Board

Any person

found violating any regulation duly issued by the Board pursuant to this Act, in addition to the administrative sanctions imposed by the Board.

6 months and 1 day to 4 years and a fine ranging from P10,000.00 to P50,000.00

p)Issuance of False or Fraudulent Drug Test Results

Any person authoriz ed, licensed or accredit ed under this Act and its impleme nting rules to conduct drug examina tion or test

issues false or fraudulent drug test results knowingly, willfully or through gross negligence

6 years and one 1 day to 12 years and a fine ranging from P100,000.0 0 to P500,000.0 0. An additional penalty shall be imposed through the revocation of the license to practice his/her profession in case of a practitioner , and the closure of the drug testing center.

q)Liability of a Person Who Violates the Confidentia lity of Records

Any person having official custod y of or access to the confid ential record s of any drug depen dent under volunt ary submis sion progra ms, or anyon e who, having gained posses sion of said record s, wheth er lawfull y or not

reveals their content to any person other than those charged with the prosecution of the offenses under this Act and its implementation

6 months Upon any public and 1 day office, when the offender is a to 6 years government or and a fine official employee, with ranging absolute from perpetual P1,000.00 disqualification to P6,000.00

r) Responsibil ity and Liability of Law Enforceme nt Agencies

Any mem ber of law enforc emen

after due notice, fails or refuses intentionally or negligently, to appear as a witness for the

12 years and 1 day to 20 years and a fine of not less than

and other Governmen t Officials and Employees in Testifying as Prosecutio n Witnesses in Dangerous Drugs Cases.

t agenc ies or any other gover nmen t officia l and emplo yee

prosecution in any proceedings, involving violations of this Act, without any valid reason

P500,000.0 0 in addition to the administrati ve liability he/she may be meted out by his/her immediate superior and/or appropriate body.

The immedia te superior of the member of the law enforce ment agency or any other governm ent employe e mention ed in the precedin g paragra ph s) Delay and Bungling in the Prosecutio Any governm ent officer or

if despite due notice to them and to the witness concerned, the former does not exert reasonable effort to present the latter to the court.

2 months and 1 day but not more than 6 years and a fine of not less than P10,000.00 but not more than P50,000.00 and in addition, perpetual absolute disqualifica tion from public office

through patent laxity, inexcusable neglect,

12 years and 1 day to twenty 20 years

n of Drug employe Cases e tasked with the prosecut ion of drugrelated cases under this ac

unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases

without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code.

Note: The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees.

Who are liable. Section 28. Criminal Liability of Government Officials and Employees . The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees. Section 31. Additional Penalty if Offender is an Alien. In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported immediately without further proceedings, unless the penalty is death.

Attempt or conspiracy, effect on liability

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; (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. Immunity from prosecution and punishment, coverage SECTION 33 of RA 9165 - Immunity from Prosecution and Punishment any person who has violated any of the following: a. Section 7 (Employees and Visitors of a Den, Dive or Resort b. Section 11 (Possession of Dangerous Drugs) c. Secton 12 (Possession of Equipment, instrument, apparatus and other paraphernalia for dangerous drugs) d. Secton 14 (Possession of Equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties or social gatherings or meetings e. Section 15 (Use of Dangerous Drugs) f. Section 19 (Unlawful prescription of Dangerous Drugs) g. Who voluntarily gives information about any violation of the following, and willingly testifies against such persons: h. Section 4 (Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals) i. Section 5 (Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals)

j. Section 6 (Maintenance of a Den, Dive or Resort) k. Section 8 (Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals) l. Section 10 (Manufacture or Delivery of Equipment, instrument, apparatus and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals) m. Section 13 (Possession of Dangerous Drugs during parties, social gatherings or meetings) n. Section 16 (Cultivation or Culture of Plants Classified as Dangerous Drugs or are sources thereof) o. Any violations of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities, and arrest of all or any members thereof.

(a) SHALL BE EXEMPTED FROM PROSECUTION OR PUNISHMENT FOR THE OFFENSE with reference to the which his/her information or testimony was given, and may plead or prove the giving of such information and testimony in bar of such prosecution, (b) PROVIDED, that the following conditions concur: (1) (2) (3) (4) The information and testimony are necessary for the conviction of the persons described above; Such information and testimony are not yet in the possession of the State; Such information and testimony can be corroborated on its material points; the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment.

(5)

(c) Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness. Termination of the Grant of Immunity. The immunity granted to the informant or witness, shall not attach should it turn out subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed against. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this Act or any other law, decree or order shall be deemed terminated. In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits previously accorded him under this Act or in any other law, decree or order shall be deemed terminated.

19)

Crimes Committed by Public Officers (Articles 203-245); in addition: a) Anti-Graft and Corrupt Practices Act (R.A. 3019, as amended) Coverage

"Public officer" includes elective and appointive officials and

employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined in the preceding subparagraph. "Government" includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches.

Punishable Acts

PUNISHABLE ACTS UNDER RA 3019 1) Corrupt practices of public officers NOTE: The following acts are unlawful and punishable in addition to acts or omissions of public officers already penalized by existing law, (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law. (c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given (e) Causing any undue injury to any party, including the

Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. (f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. (g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. (h) Directly or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from

having any interest. (i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. (k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government. (a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer. (b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses defined in Section 3 hereof (Corrupt Practices of Public Officers).

2) Prohibition on private individuals

3) Prohibition on certain relatives

It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree, of the President Philippines, the Vice-President Philippines, of the

of

the

the President of the Senate, or the Speaker of the House of Representatives,

to intervene, directly or indirectly, in any business, transaction, contract or application with the Government Provided, That this section shall not apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business,

nor to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law,

 nor to any act lawfully performed in an official capacity or in the exercise of a profession. It shall be unlawful hereafter for any Member of the Congress during the term for which he has been elected, to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by the Congress during the same term. The provision of this section shall apply to any other public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his incumbency. The provision of this section shall apply to any other public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his incumbency.

4) Prohibition on Members of Congress

Exceptions

 Section 14 of RA 3019 - Exception. Unsolicited gifts or presents of

small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act. Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or occupation by any private person or by any public officer who under the law may legitimately practice his profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or occupation involves conspiracy with any other person or public official to commit any of the violations penalized in this Act.