I. Revised Penal Code / Special Laws, Presidential Decrees, and Executive Orders Book ‘1 Fundamental Principles 2) Definition of Criminal Law Absanch of municipal law which defines csimes, treats of their nature and provides for their punishment i) Difference between Mala in Se and Mala Prohibita’ ‘Mala in 3 ‘Mala prohibita Violations of the Revised Penal Code ‘Violations of special lave * *Test to determine if violation of special law is malum prohibitum or malum in se: Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you remove the law, will the act stil be wrong? If the wording of the law punishing the crime uses the word “wilfully”, then malice must be proven. Where malice isa factor, good faith is a defense. In violation of special law, the act constituting the crime is a prohibited act Therefore culpa is not a basis of liability, unless the special law punishes an omission When given a problem, take note ifthe crime is a violation of the Revised Penal Code or a special law. * which literally means, that the act is inherently evil or bad or per se wrongful * Not all violations of special laws are mala proibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. Even if the crime is punished under a special law, ifthe act punished is one which is inherently wrong, the same is ‘malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless itis the product of criminal negligence or culpa Likewise when the special law requires that the punished act be committed knowingly and willfully, id, 694, Crimes Against Public Interest Cames Elements /How committed Counterfeiting great seal of |» Fouging the great seal ofthe Govemment government” b. Forging the signature of the President c. Fosging the stamp of the President Using forged signature or | a. The great seal of the republic was counterfeited counterfeit seal or stamp” orthe signature or stamp of the chief executive was forged by another person. b. Offender knew of the counterfeiting or forgery c. He used the counterfeit seal or forged signature orstamp Making and importing and | 2. These be false or counterfeited coins™* uttering false coins™ b. Offences either made, imposted or uttered such c. In case of uttesing such false or counterfeited coins, he connives with counterfritess or imposters ‘Multilation of coins — importation and utterance” * art 61 When the signature of the President is forged, itis not falsification but forging of signature under this atticle Signature must be forged, others signed it not the President. > art 162 Offender is not the forger/nat the cause of the counterfeiting ** Utter — to pass counterfeited coins, deliver or give away Import —to bring to port the same Both Philippine and foreign state coins Applies also to coins withdrawn from circulation Essence of article: making of coins without authority ** Need not be legal tender Counterfeiting — imitation of legal or genuine coin (may contain more silver, different design) such as to deceive an ordinary person in believing it to be genuine > art 164 This has been repealed by PD 247.Selling of false or mutilated coin, without connivance”” 1 Possession of coin, counterfeited | a. possession or mutilated by another pesson, with |b. with intent to uttes, and intent to utter the same, knowing that | c. knowledge it is false or mutilated. 2. Actually uttering such false or} a actually uttering, and smutilated coin, knowing the same to |b. knowledge be false or mutilated Forging treasury or bank notes —| Forging or falsity of treasusy/bank notes of importing and uttering” documents payable to beater b. Importing of such notes, Under thisP.D., the acts punishable are: willful defacement b. mutilation tearing burning destruction of Central Bank notes and coins ‘Mutilation under the Revised Penal Code is true only to coins. It cannot be a crime under the Revised Penal Code to mutilate paper bills because the idea of mutilation under the code is collecting the precious metal dust. However, under Presidential Decree No. 247, mutilation isnot limited to coins Art 165 ‘Mutilation ~ to take off part of the metal either by filing it or substituting it for another metal of inferior quality, to diminish by inferior means (to diminish metal contents). Foreign notes and coins not included. Must be legal tender. ‘Must be intention to mutilate. art 165 Possession does not require legal tender in foreign coins Includes constructive possession * art 166 Forging — by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document Falsification by erasing, substituting, counterfeiting or altering by any means the figures and letters, ‘words, signs contained therein €€ falsifying - lotto or sweepstakes ticket. Attempted estafa through falsification of an obligation or security of the Phil PNB checks not included here — it’s falsification of commercial document under Article 172 Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes, coupons, treasury notes, certificate of deposits, checks, drafts for money, sweepstakes money If the falsification is done on a document that is classified as a government security, then the crime is punished under Article 166. On the other hand, ift is not a government security, then the offender may either have violated Article 171 or 172. 7m©. Uttenng of such false ox fosged obligations and notes in connivance with forges and imposters Counterfeiting, importing, and uttering instruments not payable to bearer™ a. These be an instmument payable to order or other document of credit not payable to bearer b. Offender either forged, imported or uttered such, instruments c. That in case of uttesing he connived with the fosger or importer legal possession and use of false treasury or bank notes and other instrument of credit” a. Any teasusy or bank note or cestificate or other obligation and secusity payable to beates, or any instrument payable to onder or other document of cxedit not payable to bearer is forged or falsified by another person, b. Offender knows that any of those instruments is forged or falsified c. He performs any of these acts — 1. using any of such forged or falsified instrument, or 2. possessing with intent to use any of such, forged or falsified instrument. Forgery a_By giving to a treasusy or bank note or any * art 167 art 168 ‘Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes * article 169 Forgery under the Revised Penal Code applies to papers, which are in the form of obligations and ‘securities issued by the Philippine government as its own obligations, which is given the same status as legal tender. Generally, the word “counterfeiting” is not used when it comes to notes; what is used is “forgery.” Counterfeiting refersto money, whether coins or bills Notice that mere change on a document does not amount to this crime The essence of forgery is giving a document the appearance of a true and genuine document. Not any alteration of a letter, ‘number, figure or design would amount to forgery. At most, it would only be frustrated forgery. When what is being counterfeited is obligation or securities, which under the Revised Penal Code is siven a status of money or legal tender, the crime committed is forgery. Distinction between falsification and forgery 72imstaiment payable to beater or to odes the appearance of a tue and genuine document b. By erasing, substituting, counterfeiting altering by any means the figures, lettess or worck, or signs contained therein. Falsification documents” of legislative a A bill, resolution or osdinance enacted of approved or pending approval by the national assembly or any provincial board or municipal council b, Offender altess the same ¢. He has no proper authosity therefor The altesation has changed the meaning of the document, Falsification is the commission of any of the eight acts mentioned in Art 171 on legislative, public or official, commercial, or private documents, of wireless, or telegraph messages. The term forgery as used in Art. 169 refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order. ar a70 Accused must not be a public official entrusted with the custody or possession of such document, otherwise, Art 171 applies The falsification must be committed on a genuine, true and authentic legistative document If committed on a simulated, spurious or fabricated legislative document, the crime is not punished under this article but under Art 171 oF 172. * The words "municipal council" should include the city council or municipal board ~ Reyes 73Falsification of documents by public officer, employee, or notary or ecclesiastical minister a. Offender is a public offices, employee, or notary public b. He takes advantage of his official position. ¢. He falsifies a document by committing any of the following acts 1. Counterfeiting or imitating any handvniting, signature or mubsic Requisites i These be an intent to imitate, or an attempt to imitate fi, The two signatures or handwnitings, the genuine and the forged, bear some resemblance to each other 2 Causing it to appear that pessons have patticipated in any act or proceeding when they did not in fact so pasticipate 3. Attsibuting to pessons who have pasticipated in an act or proceeding statements other than those in fact made by them Requisites: i Offender caused it to appear in a document that a pesson/s participated in an act or a proceeding; and ii, Such person/s did not in fact so patticipate in the act or proceeding 4, Making untauthful statements in a narsation of facts ar a7 * For one to be held criminally liable, the untruthful statement must be such as to effect the integrity of the document or to change the effects which it would otherwise produce. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex Residence certificates The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind of falsification may be committed by omission There must be a narration of facts, not a conclusion of law. Must be on a material matter 74Requisites: i Offender makes in a document statements in anarzation of facts ii, He has a legal obligation to disclose the tmuth of the facts narrated by him, (required by law to be done) and i, The facts natrated by the offender ate absolutely false, and iv. The perversion or truth in the narration of facts was made vith the wrongful intent of injusing a third pesson 5. Altesing true dates” 6, Making any alteration or intercalation in a genuine document which changes its meaning. Requisites: i There be an alteration (change) or intescalation (nsestion) on a document ii, Made on a genuine document i, The altesation/intercalation has changed the meaning of the document iv. The change made the document speak something false 7 Issuing in an authenticated fom a document purporting to be a copy of an oniginal document when no such original exists, or including in such copy astatement contrayy to, or different from, that of the genuine osiginal” or > Date must be essential The document must be material to the right created or to the obligation that is extinguished. * if no knowledge, falsification through negligence The acts of falsification mentioned in this paragraph are committed by a public officer or by a notary public who takes advantage of his official position as custodian of the document. It can also refer to a public officer or notary who prepared and retained a copy of the document. The falsification can be done in two ways. It can be a certification purporting to show that the document issued is @ copy of the original B8 Intercalating any instrument or note selative to the issuance thereof in a protocol, registry, or official book: Falsification by private individuals | a. Offender is a private individual or a public officer and use of falsified documents ot employee who did not take advantage of his official position b. He committed any of the acts of falsification enumerated in Art 171" ¢. The falsification was committed in any public or official or commercial document ** Falsification of private document” | a Offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated in Ast 171 b. The falsification was committed in any private document ¢. The falsification caused damage™ to a thisd pasty or at least the falsification was committed with intent to cause such damage Use of falsified document a Introducing in a judicial proceeding 1. Offender knew that a document was falsified by another peson. 2. The false document is embraced in ast. 171 of ‘on record when no such original exists It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued, entries which are not found on contrary to, or different from the original genuine document on file ara Falsification of Private Documents: Prejudice to third party isan element of the offense. Falsification of Public/Official Documents: Prejudice to third persons is immaterial, what is punished is the violation of public faith and perversion of truth which the document proclaims. *S supra ° Under this paragraph, damage is not essential, itis presumed If the falsification of public, official or commercial documents, whether they be public official or by private individuals it is not necessary that there be present the idea of gain or the intent to injure a third _person. What is punished under the law is the violation of public faith and the perversion of the truth as solemnly proclaimed by the nature of the document. (Sarep vs. Sandiganbayan) essential element; hence, no crime of estafa thru falsification of private document 76im any subdivisions nos. 1 and 2 oat. 172 3. He introduced said document in evidence in any judicial proceeding” b. Use in any other transaction: 1. Offender knew that a document was falsified by another peson. 2. The false document is embsaced in ast. 171 of in any of subdivisions nos. 1 and 2 of ast. 172 3. He used such documents 4. The use of the documents caused damage to another or at least was used with intent to cause such damage Falsification of wireless, cable, telegraph, and _ telephone messages, and use of said falsified messages 1. Uttesing fictitious, wireless, telegraph or telephone message a. Offender is an officer or employee of the goverment or an officer or employee of a private cosposation, engaged in the service of sending or seceiving vaseless, cable or telephone message b. Accused commits any of the following acts i uttering fictitious witeless, cable, telegeaph, ortelephone message, or ii falsifying witeless, cable, telegraph, of telephone message 2 intent to cause damage not necessary > notin judicial proceedings The user of the falsified document is deemed the author of falsification, if: a the use is so closely connected in time with the falsification 'b the user had the capacity of falsifying the document * a a73 The public officer, to be liable, must be engaged in the service of sending or receiving wireless, cable and telegraph or telephone message 72. Falsifying wireless, telegraph ortelephone message 3. Using such falsified message a. Offender is an officer or employee of the goverment or an officer or employee of a private cosposation, engaged in the service of sending or receiving vaseless, cable or telephone message b. Accused commits any of the following acts i. uttesing fictitious witeless, cable, telegraph, ortelephone message, or fi, falsifying witeless, cable, telegraph, or telephone message a Accused knew that witeless, cable, telegeaph, or telephone message was falsified by any of the pesson specified in the fist paragraph “* b. Accused usedsuch falsified dispatch, c. The use of the falsified dispatch resulted in the prejudice of a thisd pasty, or that the use thereof, ‘was with intent to cause such prejudice Falification of medical certificates, certificates of merit or service and the like™ a. Physician or surgeon who, in connection vith the practice of his profession, issued a false certificate” b. Public officer who issued a false cestificate of mest of service, good conduct or similar ciscumstances c. Private individual who falsified a certificate under @ and) Using false certificates” a. A physician or susgeon has issued a false medical cettificate, or a public officer has issued a false cettificate of meuit or service, good conduct, of similar ciscumstances, or a puvate person had 2 supra 2 a a74 ®” Such certificate must refer to the illness or injury of a person > a a75: 78Tilsihied any ofsaid cesibcates b, Offender knew that the cestificate was false c, He used the same. Manufacturing and possession of | a. Making or introducing into the Philippines any intruments or implements for | stamps, dies or masks or other instruments of falsification™ implements for counterfeiting os falsification b. Possessing with intent to use the instmments or implements for counterfeiting or falsification made in of introduced into the Philippines by another person Usurpation of authority or official functions" 1 By knowingly and falsely] a Offender knowingly and falsely sepsesents representing oneself to be an offices, | himselE, agent or wepresentative of any department or agency of the |b. As an officer, agent or representative of any Philippine govt or any fosrign | depastment or agency of the Philippine govemment govt of of any foreign govemment *art 176 The implement confiscated need not form a complete set, Constructive possession is also punished an a77 In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. Not necessary that he performs an act pertaining to a public officer. In usurpation of official functions: it is essential that the offender should have performed an act, pertaining to a person in authority ‘A public officer may also be an offender The act performed without being lavfully entitled to do so must pertain: a tothe gov't b.to1any person in authority © toany public office Ifthe offender commits the acts of usurpation as contemplated herein, and he does it because he is @ rebel and pursuant to the crime of rebellion or insurrection or sedition, he will not be liable under this atticle because what is attributed against him as a crime of usurpation is in fact one of the elements of, ‘committing rebellion. The elements of false pretense is necessary to commit the crime of usurpation of official function. = Foreign government refers to public officers duly authorized to perform governmental duties in the Philippines. The law cannot refer to other foreign governments as its application may bring us to legal problems which may infringe on constitutional boundaries 792. By performing an act peitaining to any peson in authosity ox public officer of the Phil. gov't ot foxsign govt under the pretense of such official position, and without being lawfully entitled to do so a. Offender performs any act; b. Peitaining to any pesson in authosity or public officer of the Philippine govemment os any foreign govemment, or any agency thereof, c. Under pretense of official position, d_ Without being lawfully entitled to do so Using fictitious name’? and concealing te name’ a. Offender uses aname other than his seal name b. He uses that fictitious name publicly. . Purpose of the offender is — to conceal a csime, 1 2. to evade the execution of a judgment, or 3. to cause damage to public interest * a. Offender conceals — 1. his tue name, and 2. all other pessonal ciscumstances 3. that the purpose is only to conceal his identity *= The name of a person is what appears in his birth certificate The name of a person refers to his first rname, surname, and maternal name. Any other name which a person publicly applies to himself without authority of law is fictitious name * a a7. What the offender does to violate or commit this act is for him to conceal his true name and other personal circumstances His only motive in doing so is to conceal his identity. In concealment of true rname, the deception is done momentarily, just enough to conceal the name of the offender. In the use of fictitious name, the offender presents himself before the public with another name ‘A person under investigation by the police who gives a false name and false personal circumstances, ‘upon being interrogated, is guilty ofthis crime * ex Signing fictitious name for a passportIlegal use of uniform or insignia | a. Offender makes use of insignia, uniform or dkess b. The insignia, uniform or diess pestains to an office not held by the offender or to a class of pessons of which he is not a member ¢. Said insignia, uniform ox dress is used publicly and impropedly False testimony against a | a Under oath against the defendant therein. defendant b. Offender who gives false testimony knows that it is false ¢. The defendant against whom the false testimony i given is either acquitted or convicted in a final judement d There be a ctiminal proceeding ¢, Offender testifies falsely an 179 The wearing of a uniform, or insignia of a non-existing office or establishment is not a crime It is necessary that the uniform or insignia represents an office which carries authority, respect, dignity, or influence which the public looks up to So also, an exact imitation of a uniform or dress is unnecessary; a colorable resemblance calculated to deceive the common run of people is sufficient. The wearing of insignia, badge or emblem of rank of the members of the armed forced of the Philippines or constabulary (now PNP) is punished by Republic Act No, 493, When the uniform or insignia is used to emphasize the pageantry of a play or drama or in moving picture films, the crime is not committed "art 180 Requires criminal intent, can’t be committed through negligence Need not impute guilt upon the accused The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted The witness who gave false testimony is liable even i the court did not consider his testimony False testimony - isthe declaration under oath of a witness in a judicial proceeding which is contrary to what istrue, or to deny the same, or to alter essentially the truth, Nature of the crime of false testimony. 1 It cannot be committed through reckless imprudence because false testimony requires criminal intent or intent to violate the law is an essential element of the crime. 2, Ifthe false testimony is due to honest mistake or error or there was good faith in making the false testimony, no crimes committed. aLFalse testimony in favor of | 2 A pesson gives false testimony, defendant in a criminal case” b. In favor of the defendant, ¢. In a criminal case. False testimony in civil cases a. The testimony must be given in a civil case, b. The testimony must relate to the issues presented in said case ¢. The testimony must be false The false testimony must be given by the defendant knowing the same to be false ¢. The testimony must be malicious and given with an intent to affect the issues presented in the said False testimony in other cases and | An accused made a statement under oath or made perjury in solemn affirmation”? an affidavit upon a matesial matter * art as False testimony by negative statement is in favor of the defendant False testimony need not in fact benefit the defendant ‘A statement of a mere opinion is not punishable Conviction or acquittal isnot necessary (final judgment is not necessary). The false testimony need not influence the acquittal ‘A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. I he merely denies the commission of the offense, he isnot liable * art 182 Not applicable when testimony given in a special proceeding (inthis case, the crime is perjury) ** art 183 2 ways of committing perjury: by falsely testifying under oath b. by making afalse statement False testimony vs Perjury: When one testifies falsely before the court, the crime committed is false testimony. If one testifies falsely in a nor-judicial proceeding, the crime committed is perjury. In false testimony, it is not required that the offender asserts a falsehood on a material matter. It is enough that he testifies falsely with deliberate intent. In perjury, the witness must testify or assert a fact on a material matter with a full knowledge that the information given is essentially contrary to the truth ‘A “competent person authorized to administer an oath” means a person who has a right to inguire into the questions presented to him upon matters under his jurisdiction 82a. The statement or affidavit was made before a competent offices, authorized to receive and administer oath bb In that statement or affidavit, the accused made a willful and deliberate assestion of a falsehood, and. ¢. The swom statement or affidavit containing the falsity is required by law. Offering false testimony in | 2. Offender offered in evidence a false witness or evidence™ false testimony. There is no perjury if the accused signed and swore the statement before a person not authorized to administer oath (People vs. Bella David). There is no perjury through negligence or imprudence since the assertion of falsehood must be wilful and deliberate Because of the nature of perjury, which is the willful and corrupt assertion of a falsehood, there is no perjury committed through reckless imprudence or simple negligence under Article 365. Since admittedly perjury can only be committed by means of dolo, then good faith or lack of malice is a good defense when tone is indicted for the crime of perjury Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, its sufficient If there is no requirement of law to place the statement or testimony under oath, there is no Perjury considering the phrases “oath in cases in which the law so requires” in Article 183, The affidavit or sworn statement must be required by law like affidavit of adverse claim to protect one’s, interest on real property; of an affidavit of good moral character to take the bar examination. So if the afidavit was made but the same is not required by law, even if the allegations are false, the crime of, perjury is not committed. (Diaz vs. People, 191 SCRA 86) Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings False testimony before the justice of the peace during the P.L_may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of ‘conviction or acquittal is rendered ‘A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. The false testimony is notin a judicial proceeding art 184 The false witness need not be convicted of false testimony. The mere offer is sufficient. The offender in this article knows that the witness to be presented is a false witness or that the witness willie while testifying The proceedings are either judicial or official. There is aformal offer of testimonial ‘evidence in the proceedings The witness is able to testify and the offender, knowing the testimony is given by the witness to be false, nevertheless offers the same in evidence In this case, the person offering the false testimony must have nothing to do in the making of the false testimony. He knows that the witness is false and yet he asks him to testify and thereafter offers the testimony in evidence So if the offeror, aside from being such, is also the person responsible in inducing or convincing the false witnessto lie, Art. 184 will not apply. The applicable article will be Article 180, 181, 182, or 183 as the case may be The offenders in this case will be charged with perjury; the inducer as principal by inducement and the induced party as the principal by direct participation 83b. He knew the witness or the testimony was false c. The offer was made in a judicial of official proceeding Machinations in public auction | 2. There be a public auction, b. Accused solicited any gift or a promise from any of the biddess ¢. Such gifts or promise was the consideration for his sefraining from taking part in that public auction. d Accused had the intent to cause the reduction of | the ptice of the thing auctioned Monopolies and_combinations in restraint of trade” 1. Combination to prevent fire | a Entesing into any contract or agreement or competition in the market taking past in any conspisacy or combination in the foim of a tmust of otherwise, b. In restraint of trade of commerce or to prevent by astificial means free competition in the masket. 2. By entesing into a contract or |. By monopolizing any meschandise or object of agreement or taking past in any | trade or commerce, or by combining with any conspiracy or combination in | other peson or pesons to monopolize said the form of a_tmst or | meschandise or object; It is for this reason that subornation of perjury is no longer treated as a specific felony with a separate atticle of its own. Nevertheless, it is a crime defined and punished under the Revised Penal Code The rime committed by one who induces another to testify falsely and the person who agrees and in conspiracy with the inducer, testifies falsely, isperjury. (People vs. Padol, 66 Phil. 365) Pare 185 art 186 The purpose is: ato make transactions prejudicial to lawful commerce b. to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Phil Aggravated if items are: a food substance b. motor fuel or lubricants © goods of prime necessityotherwise, in sestuant of trade ox commesce ot prevent by astifcil means.——_fiee competition in the make.” Monopoly to restrain fie competition in the masket 4. Manufactures, producer or processor or_—_—imposter combining, conspiting or agseeing with any peson to make transactions prejudicial to Iawfal commerce or to increase the market price of the merchandise 2" Importation and disposition of falsely marked articles. or merchandise made of gold, silver, or other precious metals or their alloys"™ b. In oder to alter the psices thereof by spreading false sumoss or making use of any other attifice, ¢. To sestrain free competition in the masket a Manufactuses, produces, processor or importer of any meschandlse or object of commerce; b. Combines, conspites or agrees with any person; ¢. Purpose is to make transactions prejuctcial to lawful commerce or to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or impotted into the Philippines a. Offender imports, sells or disposes of any of those asticles or meschandise b. The stamps, brands, or masks or those atticles or merchandise fails to indicate the actual fineness or quality of said metals os alloys ** itis enough that intial steps are taken. It isnot necessary that there be actual restraint of trade ** person/s liable: @ manufacturer bb. producer processor importer Crime is committed by: a combining b. conspiring agreeing with another person Also liable as principals: a corporation/association bb. agent/representative director/manager — who willingly permitted or failed to prevent commission of above offense art 187 To be criminally liable, itis important to establish that the offender knows the fact that the imported ‘merchandise fails to indicate the actual fineness or quality of the precious metal If the importer has no ‘expertise on the matter such that he has no way of knowing how the fraud was committed, the existence of such fact may be seriously considered as a defense. What the law punishes herein i the selling of misbranded goods made of gold, silver and other precious metals Therefore, it must be shown that the seller knows that the merchandise is misbranded. Hence, dishonesty is an essential element of the crime. 8©. Offender inows that the said stamp, brand, of mark fails to indicate the actual fineness or quality of the metals or alloys, a, The New Public Bidding Law 1) Prohibited a: (2) Public officess who commit any of the following acts shall suffer the penalty of impsisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) ‘years 1 Open any sealed Bid, including but not limited to Bids that may have been submitted through the electronic system and any and all documents sequised to be sealed or civulging their contents, psior to the appointed time for the public opening of Bich or other documents, 2. Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the ptescuibed periods of Bids or other documents 3. Unduly influencing or exesting undue pressure on any member of the BAC or any officer or employee of the procusing entity to take a pasticular bidder 4. Splitting of contracts which exceed procedural purchase limits and competitive bidding 5. When the head of the agency abuses the exercise of his power to reject any and all bids 2s mentioned under Section 41°” of this Act with manifest preference to any bidder who is closely related to him in accordance vith Section 47 of this Act. "Ra o184 *”” Reservation Clause. - The Head of the Agency reserves the right to reject any and all Bids, declare a failure of bidding, or not award the contract in the following situations: a If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the bidders, or ifthe collusion is between or among the bidders themselves, or between abidder and athird party, including any act which restricts, suppresses or ‘ullifies or tends to restrict, suppress or nullify competition; bb Ifthe BAC is found to have failed in following the prescribed bidding procedures; or For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the government as defined in the IRR. ** Disclosure of Relations - In addition to the proposed contents of the Invitation to Bid as mentioned under Section 21 of this Act, all bidding documents shall be accompanied by a sworn affidavit of the bidder that he or she or any officer of their corporation in not related to the Head of the Procuring Entity, by consanguinity of affinity up to the third civil degree Failure to comply with the aforementioned 86‘When any of the foregoing acts is done in collusion with private individuals, the ptivate individuals shall likewise be liable for the offense In addition, the public officer involved shall also suffer the penalty of temporary disqualification from public office, while the private individual shall be pesmanently disqualified from transacting business with the govemment (©) Paivate individuals who commit any of the following acts, including any public offices, who conspises with them, shall suffer the penalty of impsisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years 1 When two or mote biddess agree and submit ifferent 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 wall surely be awarded to the pre-arranged lowest Bid. 2. When a bidder maliciously submits different Bice through two or moxe pessons, comporations, 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 3. When two or more biddess enter into an agreement which call upon one to refsain from bidding for Procurement contracts, or which call for withdsawal of bids already submitted, or which ase otherwise intended to secure as undue advantage to any one of them. 4. When a biddes, by himself or in connivance vith othess, employ schemes which tend to restrain the natural sivalsy of the patties or operates to stifle or suppress competition and thus produce a result disadvantageous to the public In addition, the pessons involved shall also suffer the penalty of temporary or pespetual disqualification from public office and be pesmanently disqualified from transacting business with the govemment (©) Paivate individuals who commit any of the following acts, and any public officer conspising with them, shall suffer the penalty of imprisonment of not less than six (6) yeass and one (1) day but more than fifteen (15) yeass 1. Submit eligibility requitements of whatever kind and nature that contain false information os falsified documents calculated to influence the outcome of the sligibility screening process or conceal such infomation in the eligibility requirements when the information will lead to a declaration of ineligibility from paticipating in public bidding provision shall be a ground for the automatic disqualification of the bid in consonance with Section 30 of this Act a72. Submit Bidding Documents of whatever kind and nature than contain false information or falsified documents or conceal such information in the Bidding ‘Documents, in order to influence the outcome of the public bidding 3. Pasticipate in a public bidding using the name of another or allow another touse one’s name for the puspose of pasticipating in a public bidding 4, 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 Procusing Entity to award the contract to another bidder This shall include the non-submission of requisements such as, but not limited to, performance secusity, preparatory to the final award of the contract. (@ When the bidder is a jusidical entity, csiminal lability and the accessosy penalties shall be imposed on its diectoss, officers or employees who actually commit any of the foregoing acts” b Anti-Alias Law“ 1) Punishable acts No pesson shall use any name different from the one with which he was registered at bisth in the office of the local civil cegistsy or with which he was baptized for the fist time, rin case of an alien, with which he was registered in the buseau of immigration upon entsy, orsuch substitute name as may have been authosized by a competent court ‘The act of using an alias name, unless such alias was duly authorized by proper judicial proceedings and secorded in the civil register 2) Exception ‘As a pseudonym solely for literary, cinema, television, radio os other entertainment purposes and in athletic events where the use of pseudonym is a nosmally accepted practice 7 Sec 65, cA 142 Sec 1 *= There must be a "sign or indication that the user intends to be known by this name (the alias) in addition to his real name from that day forth .. {for the use of alias to] fall within the prohibition, contained in CA. No. 142 as amended (Ursua case) 285. Crimes Relative to Opium and other Prohibited Drugs a The Comprehensive Dangerous Drugs Act of 2002 4) Punishable acts 1. Impottation of Dangerous Daugs and/or Controlled Precussors and Essential Chemicals. 2 Sale, Trading, Administration, Dispensation, Delivery, Distuibution and Transportation of Dangerous Digs and/or Contsolled Precussos and Essential Chemicals. 3. Maintenance of a Den, Dive or Resort 4. Manufactuse of Dangerous Daigs and/or Controlled Precussors and Essential Chemicals.” 5. legal Chemical Divession of Controlled Precussom and Eseential Chemicals” 6. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Pataphemalia for Dangerous Dmgs and/or Controlled Precussots and Essential Chemicals. 1 Possession of Dangerous Daugs™" 8. Possession of Equipment, Instrument, Apparatus and Other Paraphemalia for Dangerous Digs. ** 9. Possession of Dangerous Daugs Dusing Pauties, Social Gathesings or Meetings" 10. Possession of Equipment, Instrument, Apparatus and Other Paraphemalia for ‘Dangerous Drugs Dusing Parties, Social Gathesings or Meetings” 11. Use of Dangerous Daugs.** Ra 9165 Sec 4 Sec 5 Sec 6 * sec8 Sec 9 * Sec 10, Sec 1 Sec 12 Sec 13, Sec 14 8912. Cultivation or Cultuse of Flants Classified as Dangerous Digs ot are Sousces ‘Thereof™ 13. Maintenance and Keeping of Original Records of Transactions on Dangerous ‘Drugs and/or Controlled Precussoss and Essential Chemicals." 13. Unnecessary Prescsiption of Dangerous Drugs.” 14 Unlawful Prescsiption of Dangerous Drugs ** it) Who are liable ‘With respect to No 1. Any pesson, who, unless authorized by law, shall impost or bsing into the Philippines any dangerous dmg, segardless of the quantity and pusity involved, including any and all species of optim poppy ot any patt thereof or substances desived therefrom even for floral, decorative and culinasy purposes Any person, who, unless authosized by law, shall impost any controlled precussor and essential chemical. Any pesson, who, unless authozed under this Act, shall impost or bsing into the Philippines any dangerous dmg and/or controlled precussor and essential chemical through the use of a diplomatic passpost, diplomatic facilities or any other means involving his /her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passpoxt shall be confiscated and canceled. Any pesson, who organizes, manages or acts as a "Gnancier” of any of the illegal activities prescribed in this Section Any pesson, who acts as a "protector/coddlet" of any violator of the provisions under this Section. 2. Any pesson, who, unless authorized by Inv, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transpost any dangerous dug, including any and all species of opium poppy segardless of the quantity and pusty involved, orshall act as a brokerin any of such transactions Any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give avy to anothes, distubute, dispatch in transit or transpost any controlled precusor and essential chemical, or shall act as a broker in such transactions. Sec 15 Sec 16 Sec 17 * Sec 18 Sec 19Dmg pushess who use minos or mentally incapacitated individuals as mnness, cousiess and messengers, or in any other capacity disectly connected to the dangerous dmgs and/or controlled precursors and essential chemical trade. Any person who osganizes, manages or acts as a "financies" of any of the illegal activities prescsibed in this Section. Any pesson, who acts as a "protector/coddlet" of any violator of the provisions under this Section. 3. Any pesson or group of persons who shall maintain a den, dive or resoxt where any dangerous dng is used or sold in any fom. Any pesson or group of persons who shall maintain a den, dive, or resort where any controlled precussor and essential chemical is used or sold in any form, Any person who osganizes, manages or acts as a "financies" of any of the illegal activities prescsibed in this Section. Any pesson, who acts as a "protector/coddlet" of any violator of the provisions under this Section. 4, Any person, who, unless authorized by law, shall engage in the manufacture of any dangerous daug Any person, who, unless authorized by law, shall manufacture any controlled precussor and essential chemical Any pesson, who organizes, manages or acts as a "financiet" of any of the illegal activities prescribed in this Section. Any pesson, who acts as a "protector/coddlet" of any violator of the provisions under this Section. 5. Any pesson, who, unless authosized by law, shal illegally civest any controlled precusor and essential chemical 6. Any pesson who shall delives, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphemalia for dangerous drugs, knowing, or under ciscumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convest, produce, process, prepate, test, analyze, pack, repack, stose, contain or conceal any dangesous dmg and/or controlled precussor and essential chemical in violation of this Act. Any peson, who uses a minor or a mentally incapacitated incividnal to deliver such equipment, instrument, apparatus and other paraphemalia for dangerous daugs 17. Any pesson, who, unless authosized by law, shall possess any dangerous drug in the quantities mentioned, regardless of the degree of pusity thereof 8. Any pesson, who, unless authorized by law, shall possess or have under his /her contol any equipment, instrument, apparatus and other pataphemalia fit or intended for smoking, consuming, administesing, injecting, ingesting, or introducing any dangerous drug into the body: 9. Any pesson found possessing any dangerous dmg dusing a patty, or at a social gathesing or meeting, or in the proximate company of at least two (2) persons 10. Any pesson, who shall possess ox have under his/her control any equipment, instrument, apparatus and other paraphemalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introcucing any dangerous dmug into the body, dung pasties, social gatherings or meetings, or in the proximate company of at least two (2) persons LL A peson apprehended or atsested, who is found to be positive for use of any dangerous dmg, after a confismatoyy test, ... subject to the provisions of Asticle VIII of this Act. 12. Any pesson, who shall plant, cultivate or culture masjuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangesous dmg or as asource from which any dangerous drug may be manufactured or desived Any pesson, who organizes, manages or acts 2: a "financies" of any of the illegal activities prescribed in this Section. Any pesson, who acts as a "protector/coddle:" of any violator of the provisions under this Section. 13. Any practitioner, manufactures, wholesales, imposter, distributos, dealer or setaller who viclates or fails to comply with the maintenance and keeping of the oxginal secords of transactions on any dangerous dmg and/or controlled precussor and essential chemical in accordance with Section 40" of this Act. 14 Any pesson, who, unless authosized by law, shall make or issue a prescsiption or any other wating purporting to be a prescsiption for any dangerous dug = program for Treatment and Rehabilitation of Drug Dependents *° Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals 92iii) Attempt or conspiracy, effect on liability 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 (8) Impostation of any dangerous dmg and/or controlled precussor and essential chemical, (© Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous dmg and/or controlled precussor and essential chemical, (©) Maintenance of a den, dive or sesost where any dangerous dmg is used in any fom, (@) Manufacture of any dangerous dmg and/or controlled precussor and essential chemical, and (© Cultivation of culture of plants which ate sources of dangesous daugs.™" Gv) Immunity from prosecution and punishment Any pesson who has violated Sections 7, 11, 12, 14, 15, and 19, Asticle II of this ‘Act, who veluntasily gives information about any viclation of Sections 4, 5, 6, 8, 10, 13, and 16," Axticle II of this Act as well as any violation of the offenses mentioned if committed by a daug syndicate, or any infoumation leading to the whereabouts, identities and arrest of all ot any of the members thereof, and who willingly testifies against such pessons as descsibed above, shall be exempted from prosecution or punishment for the offense with reference to which his /her information of testimony were given, and may plead or prove the ‘giving of such information and testimony in bar of such prosecution. Conditions (W) The information and testimony are necessary for the conviction of the pessons desctibed above, (2 Such information and testimony are not yet in the possession of the State, (@) Such information and testimony can be consoborated on its matesial points, @ the informant or witness has not been previously convicted of a crime involving moral tuspitude, except when there is no other dizect evidence available for the State other than the information and testimony of said informant or witness; and. Sec 26, id id 93(8) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into wiiting, lawfully imposed by the State as fusther consideration forthe grant of immunity from prosecution and punishment. 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 infomation or testimony were given: Provided, finally, That there is no disect evidence available for the State except for the information and testimony of the said infommant or vwntness Sec 336. Crimes Against Public Morals Cames “Elements /Pessons able Grave scandal” Offender pesforms an act a. Highly scandalous as offending against decency o good customs b. Highly scandalous conduct does not expsessly fall ‘within any other asticle of the RPC ©. Committed in a knowledge or view: sublic place or within the public Immoral doctrines, _ obscene | 2. Those who publicly expound or proclaim doctrines publications and exhibitions” —_| that are contrasy to public mozals b, Authors of obscene literatuse, published with their Imowledge in any fosm ¢. Editos publishing such obscene literatuse d Ovmes: or operators of establishments selling obscene literature * art 200 Grave scandal: consists of acts which are offensive to decency and good customs They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts Decency: means properly observing the requirements of modesty, good taste, etc Customs: refers to established usage, social conventions carried on by tradition and enforced by social disapproval in case of violation If the acts complained of are punishable under another provision of the RPC, Art 200 is not applicable The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it * The public view is not required, it is sufficient if in public place. For public knowledge, it may occur even ina private place; the number of people who sees tis not material) ° art 201 Morals: implies conformity to generally accepted standards of goodness or rightness in conduct of character Test of obscenity: whether the matter has atendency to deprave or corrupt the minds of those who are ‘open to immoral influences A matter can also be considered obscene if it shocks the ordinary and ‘common sense of men as indecency. ‘Mere nudity in paintings and pictures is not obscene Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article Publicity isan essential element= Those who exhibit indecent or mmosal plays, scenes, acts or shows ion theaters, fais, cinemas or any other place £ Those who sell, distuibute, or exhibit psints, engraving, sculptures or literature which ase offensive to morals ‘Vagrants and Prostitutes" a. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling b. Pessons found loitesing around public and semi- public places without visible means of suppost ¢. Pesons tramping or wandesing around the county orthe streets with no visible means of support di Idle or dissolute pessons lodging in houses of ill- fame Rnffians or pimps and those who habitually associate with prostitutes!” £ Pessons found loitering in inhabited or uninhabited places belonging to othes, without any lawful or justifiable reason provided the act does not fall within any other asticle of the RFC ‘Women who habitually indulge in sexual intercouse or lascivious conduct for money or profit" * art 202 3 may include even the rich *© if aman indulgesin the same conduct: vagrancy 967. Crimes Committed by Public Officers “* Cames Elements /Pessons liable Knowingly, rendering an unjust | a Offendecis a judge judgment” b, Rendes a judgment in the case submitted to him forjudgment ¢ Judgment is unjust d Knowledge that the decision is unjust Judgment — rendered a. Offender is a judge negligence” b, Rendess a judgment in a case submitted to him for decision ¢ Judgment is manifestly unjust dl Due to inexcusable negligence or ignorance * art 203 Public officer ‘a Takes part in the performance of public functions in the Government, o b. Performs public duties as an employee, agent or subordinate official in the gov't or any ofits branches Public officers: embraces every public servant from the lowest to the highest rank ‘A government laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer Misfeasance: means improper performance of an act which might be properly be performed. Maffeasance: means performance of an act which ought not to be done Nonfeasance: means omission of an act which ought to be done * art 204 Judgment: isa final consideration and determination by a court of competent jurisdiction of the issues ‘submitted to itn an action or proceeding Unjust judgment: one which is contrary to law, or not supported by the evidence, or both ‘An unjust judgment may resutt from: error (with bad faith) ittwill or revenge bribery There must be evidence that the decision rendered is unjust It is not presumed ‘Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof o even an allegation of bad faith (motive or improper consideration). *8 art 205 Manifestiy unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice 7a Offender is a judge Unjust interlocutory order"* b. He perfoums any of the following acts: 1. Imowingly tendess unjust intedocutory onder or decree, of 2 sendess a manifestly unjust intedocutosy order or deceee through inexcusable negligence or ignorance. Malicious delay inthe | a Offenderis a judge administration or justice’ b, These is a proceeding in his coust. ¢. He delays the acministration of justice dl The delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case Dereliction of duty in the | a Offenders a public officer or officer of the law Prosecution of offenses" who has a duty to cause the prosecution of, or to prosecute offenses b. There is deseliction of the duties of his office” c. Offender acts with malice and deliberate intent to * art 206 Interlocutory order: one issued by the court deciding a collateral or incidental matter. It is not a final determination of the issues of the action or proceeding °° art 207 Mere delay without malice is not punishable > art 208, Prevaricacion: negligence and tolerance in the prosecution of an offense There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. Note however, that a fiscal is under no compulsion to file an information based upon a ‘complaint if he is not convinced that the evidence before him does not warrant filing an action in court The crime must be proved first before an officer can be conwicted of dereliction of duty AA public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not an accessory Article not applicable to revenue officers * ‘that is, knowing the commission of the crime, he does not cause (a) the prosecution of the criminal_or (b) knowing that crime is about to be committed, he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) 98favor the violator of the law. Betrayal of trust by an attomey or | a Causing damage to client either solicitor™ L. by any malicious breach of professional duty, 2. by inexcusable negligence or ignorance. b, Revealing any of the secrets of his client leamed by him in his professional capacity" ¢. Undertaking the defense of the opposing party of the I" client and/or having seceived confidential infomation from the latter and without the latter's consent Direct bribery x Offences be a public officer within the scope of at 203 > art 209, Not necessarily a public officer although all lavyers are officers of the court 2 prejudice is essential = damage not necessary Big an 210 For purposes of this article, temporary performance of public functions is sufficient to constitute a pperson a public officer. A private person may commit this crime only in the case in which custody of prisonersis entrusted to him Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other pperson performing public duties Cannot be frustrated, only attempted or consummated. Bribery exists when the git is: ‘a voluntarily offered by a private person solicited by the public officer and voluntarily delivered by the private person solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver isnot corruption of public officials due to involuntariness) Actual receipt of the gift is not necessary. An accepted offer or promise of a giftis sufficient. However, if the offer is not accepted, only the person offering the gift is liable for attempted corruption of a public officer The gift must have a value or capable of pecuniary estimation It could be in the form of money, property or services I the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty corresponding to the crime The third type of bribery and prevaricacion are similar offenses, both consisting of omissions to do an act required to be performed In direct bribery however, a gift or promise is given in consideration of the ‘omission. This is not necessary in prevaricacion * supra 99b, Offender accepts an offer or promise or receives a gif or present by himself or through another ¢. Such offer or promise be accepted or gift/present received by the public officer™ 1. with a viewto committing some crime™ or 2. in consideration of an execution if an act ‘which does not constitute a crime, but the act must be unjust, or 3. to sefrain from doing something which is his official duty to do dl The act which the offender agrees to perform or which he executes be connected with the performance of his official duties Indirect bribery” a. Offenderis a public officer. b. He accepts gifts ©. Said gifts ate offered to him by season of his office Qualified bribery" a. Public officer entrusted wath law enforcement * mere agreement consummates the crime delivery of consideration is not necessary * delivery of consideration is necessary * an 2a The gift is given in anticipation of future favor from the public officer There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, ‘ircumstance or act to show such acceptance is not sufficient to convict the officer There is no attempted or frustrated indirect bribery The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary that the officer do any act Iti sufficient that he accepts the gift offered by reason of his office Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable under P.D. 46. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service = at 2Ab. Reftains from atresting/prosecuting offender for csime punishable by redusion perpetva and/or death’ ¢ In consideration of any offer, promise or gift Corruption of public officials™ | a Offender makes offers or promises or gives gifts or present to a public officer b. He offess or promises are made or the gifts or presents given to a public office, under ciscumstances that will make the public officer lable for disect bubesy orindisect bubesy Frauds against public treasury"! | a Offender is a public officer b, He should have taken advantage of his office, that is, he intervened in the transaction in his official capacity ¢. He entered into an agreement with any interested panty or speculator or made use of any other scheme ‘sath regard to (2) fumishing supplies (b) the making of contracts, or (¢) the adjustment or settlement of account relating to a public property or funds d Accused had intent to defraud the govemment. = lower penalty than stated, the crime is direct bribery art 212 The offender is the giver of the gift or the offeror of the promise The act may or may not be accomplished Under P.D. 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances: information refers to consummated violations necessity of the information or testimony <_ the information and testimony are not yet in the possession of the State d__ information and testimony can be corroborated on its material points € _ informant has been previously convicted of a crime involving moral turpitude art 213, par Notes: The public officer must actin his official capacity The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government 101Mlegal exactions a. Offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts. b. He is guilty of any of the following acts or 1. demanding, disectly or indisectly the payment of sums different from or larger than those authorized by law, or 2. failing voluntasily to issue a seceipt, as provided by law, for any sum of money collected by him officially, of 3. Collecting or seceiving, disectly or indirectly, by ‘way of payment or otherwise, things or objects of a nature diffesent from that provided by law (Other frauds" a. Offender is a public officer b. He takes advantage of his official position ¢. He commits any of the frauds of deceite enumerated in Arts. 315 and 316.* Prohibited transactions a. Offender is an appointive public officer = Mere demand of a larger or different amount is sufficient to consummate the crime. The essence is the improper collection (damage to gov't is not required) If sums are received without demanding the same, a felony under this article is not committed However, ifthe sum is given as a sort of gift or gratification, the crime is indirect bribery When there is deceit in demanding larger fees, the crime committed is estafa May be complexed with malversation Officers and employees of the BIR or Customs are not covered by the article The NIRC of Administrative Code isthe applicable law an 24 RIC has jurisdiction over the offense because the principal penalty is disqualification * estafa, swindling an 25 Examples of transactions of exchange or speculation are: buying and selling stocks, commodities, land ‘etc wherein one hopes to take advantage of an expected rise of fallin price Purchasing of stocks or shares in a company is simple investment and not a violation of the article However, regularly buying securities for resale is speculation 102b. He becomes interested disectly or indlisectly, in any transaction of exchange: or speculation, ¢. The transaction takes place within the tessitosy subject to his jusisdiction. He becomes interested in the transaction dusing his incumbency. Possession of prohibited interests | 2 Fublic officer — in any contract or business in by a public officer™ ‘which it is his official duty to intervene. b, Expests, aubiteatos: and private accountants — in any contract or transaction connected with the estate or property in the approval, distubution or adjudication of which they had acted. ¢ Guardians and executors — with respect to property belonging to their wards or the estate Malversation of public funds or | a. Offender be a public officee™ property” an 216 ‘Actual fraud is not necessary. {Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents ” an 207 ‘Malversation is otherwise called embezzlement It can be committed either with malice or through negligence or imprudence In determining whether the offender is a public officer, what is controlling is the nature of his office and not the designation The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa When a public officer has official custody or the duty to collect or receive funds due the government, ‘or the obligation to account for them, his misappropriation of the same constitutes malversation A public officer who has qualified charge of gov't property without authority to part with its physical possession upon order of an immediate superior, he cannot be held liable under this article Private individuals can also be held liable for malversation under 2 circumstances: 2 when they are in conspiracy with public officers; and when they have charge of national, provincial or municipal funds, revenues or property in any capacity In malversation through negligence, the negligence of the accountable public officer must be positively and clearly shown to be inexcusable, approximating fraud or malice ‘The measure of negligence to be observed is the standard of care commensurate with the occasion When malversation is not committed through negligence, lack of criminal intent or good faith is @ defense 103B. He had the custody of conteol of finds or propesty™ ¢ Those funds or propesty were public funds or property d He 1. Appsopsiated the funds or property 2. Took ormisappropsiated them 3. Consented or through abandonment or negligence, pemitted any other peson to take such public funds or property. Failure of accountable officer to | a Offender is a public offices, whether in the service render accounts or separated therefrom, b. He must be an accountable officer for public fanck propedty. ¢. He is requited by law or segulation to render accounts to the commission on audit, or to a provincial auditor ©. He fails to do so for a pesiod of two months after such accounts should be rendered The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use However, if at the very moment when the shortage is discovered, the accountable officer is notified, and he immediately pays the amount from his pocket, the presumption does not arise Returning the embezzled fundsis not exempting, itis only mitigating There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later, the missing amount is found in an ‘unaccustomed place ‘A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation Demand as well as damage to the government are not necessary elements or private person if entrusted with public funds or connived with public officers ** if not accountable for the funds, theft or qualified theft © Even if private funds if attached, seized, deposited or commingled with public funds * Ie is not necessary that the offender profited thereby. His being remiss in the duty of safekeeping public funds violates the trust reposed an 218 Demand and misappropriation are not necessary 104Failure of a responsible public | a Offenderis a public offices officer to render accounts before leaving the country b. He must be an accountable officer for public funds or property ¢. He must have unlawfully left’ the Philippines ‘without securing from the Commission on Audit a cettificate shovang that his accounts have been finally settled Mlegal use of public funds or | a Offenderis « public officer property" b. There is public fond or propey under his administeation Such public find or property has been appropuiated by law or ordinance” He applies the same to a public use other than for ‘which such fund or property has been appropsiated by law or ordinance Failure to make delivery of public | 2 Offender has gov't funds or psopesty in his funds or property’ possession b, He is under obligation to either 1._make payment from such funds an 219 The act of leaving the Philippines must be unauthorized or not permitted by law * art 220. Technical malversation To distinguish this article with Art. 217, just remember that in illegal use of public funds or property, the offender does not derive any personal gain, the funds are merely devoted to some other public use Absence of damage is only a mitigating circumstance * or be on the point of leaving * without this, it is simple malversation even if applied to other public purpose ° art 221 Penalty i based on value of funds/property to be delivered. Persons who may be held liable under Arts 217 to 221: 1L Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property 2. Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual2. to deliver propesty in his custody or administration when ordered by competent authouity c. He maliciously fails o refuses to do so Conniving with or consenting to | 2. Offenders a public officer (on duty), b. He is charged with the conveyance or custody of a pusoner, cither detention prisoner or prisoner by final judgment ¢. Such prisoner escaped from his custody dl He was in connivance with the psisoner in the laters escape Evasion through negligence’ a. Offender is a public officer b, He is charged with the conveyance or custody of a piisoner, either detention prisoner or prisoner by final judgment ¢. Such prisoner escapes through his negligence Escape of prisoners under the | 2 Offenderis a private pesson™* custody of a person not a public officer"? b. The conveyance or custody of a puisoner ot * art 223 Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or public offense The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency of laxity in the performance of duty constitutive of infidelity There is real and actual evasion of service of sentence when the custodian permits the prisoner to ‘obtain a relaxation of his imprisonment * art 224 The article punishes a definite laxity which amounts to deliberate non-performance of a duty The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation The liability of an escaping prisoner a. if eis prisoner by final judgment, he is liable for evasion of service (Art 157) b iffheis a detention prisoner, he does not incur criminal liability (unless cooperating with the offender) * Penalty based on nature of imprisonment 106‘peson under anrest i confined to him ¢. The prisoner or pesson under arrest escapes dl Offender consents to the escape of the prisoner or pesson under attest, or that the escape takes place through his negligence Removal, concealment, or | a. Offender be a public officer destruction of documents" b, He abstracts, destroys or conceals a document or paper ¢. Said document or paper should have been entmsted to such public officer by season of his, office d Damage, whether serious of not, to a thisd pasty orto the public interest should have been caused Officer breaking seal”* a. Offender is a public officer. ar 225 This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested 7 must be on duty ° at 226 The document must be complete and one by which a right could be established or an obligation could be extinguished Books, periodicals, pamphlets etc are not documents “Papers” would include checks, promissory notes and paper money A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers Removal of a document or paper must be for an ilicit purpose. There is illicit purpose when the intention of the offender isto: tamper with it b. toprofit by it < _ to commit any act constituting a breach of trust in the official thereof Removal is consummated upon removal or secreting away of the document from its usual place It is immaterial whether or not the illicit purpose of the offender has been accomplished Infidelity in the custody of documents through destruction or concealment does not require proof of anillict purpose Delivering the document to the wrong party is infidelity in the custody thereof The damage may either be great or small The offender must be in custody of such documents an 227 It isthe breaking of the seals and not the opening of a closed envelope which is punished Damage or intent to cause damage is not necessary; damage is presumed 107b. He is charged with the custody of papers or property. c These papers or property ase sealed by proper authosity. He beealss the seals or pesmits them to be broken. Opening of closed documents* a. Offender is a public officer b. Any closed papess, documents, or objects are entrusted to his custody. c. He opens or pesmits to be opened said closed papess, documents or objects. d He does not have proper authosity Revelation of secret by an officer 1. By reason of his official capacity a. Offender is a public officer b. He knows of a secet by season of his official capacity. c. He seveals such secret without authosity or justifiable reasons Damage, great or small, be caused to the public intesest an 228 Damage also not necessary > at 229, Secret must affect public interest Secrets of a private individual is not included Espionage for the benefit of another State is not contemplated by the article If regarding military secrets or secrets affecting state security, the crime may be espionage 1082. Delivering wrongfully papess ot copies of papem of which he may have charge” and which should not be published: a. Offender is a public officer b. He has chasge of papess ¢. Those papess should not be published. dl He delivess those papess ox copies thereof to a third person. ¢. The delivery is wrongful £ Damage be caused to public interest. Public officer revealing secrets of private individual” a. Offender is a public officer b. He knovn of the secret of a private individual by season of his office c. He reveals such secrets without authosity or justification reason. Open disobedience” a. Offender is a judicial or executive officer b. There is a judgment, decision or osder of supetior authosity ¢. Such judgment, decision or order was made within the scope of the jusisdiction of the supesior authority and issued with all the legal formalities, Offender without any legal justification openly °° “charge”: means custody or control If he ismerely entrusted with the papers and not with the custody thereof, he isnot liable under this article I the papers contain secrets which should not be published, and the public officer having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the ‘other hand, if the papers do not contain secrets, their removal for an ilicit purpose is infidelity in the ‘custody of documents Damage is essential to the act committed °* art 230, Revelation to one person is sufficient I the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by an attorney) Damage to private individual is not necessary ° art 231 Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required 109wehises to execute the said judgment, decision or under which he is duty bound to obey. Disobedience to order of superior officer when said order was suspended by inferior officer’ a. Offender is a public officer b. An orderis issued by his supesior for execution ¢. He has for any season suspended the execution ofsuch order d His supesior disapproves the suspension of the execution of the order € Offender disobeys his superior despite the disapproval of the suspension Refusal of assistance”* a. Offender is a public officer b. A competent authosity demands from the offender that he lend his cooperation toward the administration of justice or other public service c. Offender fails to do so maliciously. Refusal to discharge elective | a. Offender is elected by popular election to a public office”? office b. He refuses to be swom in or discharge the cuties of said office c. These is no legal motive for such refusal to be swom in orto dischasge the duties of said office > at 232 ‘A public officer is not liable if the order of the superior illegal * art 233, Involves a request from one public officer to another Damage to the public interest or third party is essential Demand isnecessary * at 234 Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render service 110Maltreatment of prisoners™* a. Offender is a public officer or employee b. He has under charge a prisoner or detention puisoner c. He maltreats such prisoner in either of the following manness: 1. by overdoing himself in the cotsection ot handling of a prisoner or detention prisoner under his chasge either — i by the imposition of punishments not authorized by the regulations, or ii by inflicting such punishments" in a cruel and humiliating mannes, of 2 by maltreating such prisoner to extost a confession of to obtain some information from the pusoner ition of duties of a public a. Offender is entitled to hold a public office or employment, either by election or appointment b. The law sequires that he should fist be swom in and/or should fist give a bond. c. He assumes the pesfoumance of the dhties and powers of such office dl He has not taken his oath of office and /or given the bond required by law Prolonging performance of duties and powers a. Offender is holding a public office ° art 235 The public officer must have actual charge of the prisoner in order to be held liable To be considered a detention prisoner, the person arrested must be placed in jail even for just a short while Offender may also be held liable for physical injuries or damage caused * otherwise the crime is physical injuries * those authorized * art 236 ° art 237 SEENb. The pesiod provided by law, regulations or special provisions for holding such office has alseady expised c. He continues to exercise the duties and powess of such office Abandonment of office or position” a. Offender is a public officer b, He foumally resigns from his position. ¢. His resignation has not yet been accepted dl He abandons his office to the detriment of the public service ‘Usurpation of legislative powers’ a. Offender is an executive ox judicial officer b.He 1. makes general mules or segulations beyond the scope ofhis authosity or 2. attempts to repeal alaw or 3. suspench the execution thereof Usurpation of executive functions™” a. Offender is a judge The article contemplates officers who have been suspended, separated or declared over-aged of dismissed * art 238 There is actual abandonment through resignation to evade the discharge of duties There must be formal or written resignation The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security. The penalty is higher Dereliction of Duty - public officer does not abandon his office but merely fails to prosecute a violation of the law. * a 239 art 200 Legistative officers are not liable for usurpation of executive functions 12b.He 1. assumes a power pertaining to the executive authorities, of 2. obstmucts executive authorities in the lawful exercise of their powess ‘Usurpation of judicial functions a. Offendes is an officer of the executive branch of the govemment b He 1. assumes judicial powess, of 2. obstmet the execution of any order decision rendered by any judge within his jusisdiction Disobeying _request_ for dis qualification’™ a. Offenderis a public officer. b. A proceeding is pending before such public officer ¢ There is a question brought before the proper authority regarding his jurisdiction, which is not yet decided He has been lawfully required to sefsain from continuing the proceeding ¢. He continues the proceeding. Addressing orders or requests by executive officer to any judicial authority” a. Offender is an executive offices. b. He addresses any order or suggestion to any judicial authosity art 201 ‘A mayor is guilty under this article when he investigates a case while a justice of the peace is in the ‘municipality are 202 ° art 203, Legistative or judicial officers are not liable under this article 113c. The order or suggestion selates to any case or business coming within the exclusive jusisdiction of the cousts of justice Unlawful appointments" a. Offender is a public offices. b. He nominates or appoints a pesson to a public office ¢. Such pesson lacks the legal qualification therefor dl Offender knows that his nominee or appointee lacks the qualification at the time he made the nomination of appointment. Abuses against chastity’ a. Offenderis a public offices. b, He solicits or makes immoral ot indecent advances to 2 ¢. Such woman must be — 1. intesested in matters pending before the offender for decision, or with respect to which he is required to submit a xepost to os consult with a eupesios offices, of 2.under the custody of the offender who is a warden or other public officer disectly charged with care and custody of prsonem of pemon under arsest, of 5. the wife, daughter, sister or selative within the same degsee by affinity of the pemon in the custody of the offender art 204 Recommending, knowing that the person recommended is not qualified is not a crime There must be a law providing for the qualifications of a person to be nominated or appointed to a public office are 205 The mother of the person in the custody of the public officer is not included. Solicit: means to propose earnestly and persistently something unchaste and immoral to awoman The advances must be immoral or indecent The crimes consummated by mere proposal Proof of solicitation isnot necessary when there is sexual intercourse 14a Anti-Graft and Corrupt Practices Act ™ 3) Coverage Certain acts of public officers and private pessons alike which constitute graft or cosmpt practices or which may lead thereto. ii) Punishable acts a. Any public officer who shall pesform any of the following acts: 1 Pessuading, inducing or influencing another public officer to pesfoom an act constituting a violation of niles and segulations duly promulgated by competent authosity or an offense in connection vith the official duties of the lattes, or allowing himself to be pessuaded, induced, or influenced to commit such violation or offense 2. Disectly ox indizectly requesting or receiving any gift, present, shase, percentage, or benefit for himself or for any other person in connection wath any contract of transaction between the govemment and any other party wherein the public officer in his official capacity has to intervene under the law. 3. Disectly, or indizectly sequesting or seceiving any gift, present, or other pecuniary or matesial benefit, for himself or for ancthes, from any person for whom the public offices, in any manner of capacity, has secured or obtained, or will secure or obtain, any Govemment pemnt or license, in consideration for the held given or tobe given 4. Accepting or having any member of his family accept employment in a ptivate entespsise which has pending official business with him dusing the pendency thereof or wathin one year after its tetmination 5. Causing any undue injury to any pasty, including the Govemment, or giving any pavate party any unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial function through manifest pattiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or govemment corporations charged with the grant of licenses or pesmits or other concessions 6. Neglecting or sefusing, after due demand or request, without sufficient justification, to act wathin a reasonable time on any matter pending before him for the puspose of obtaining disectly or indizectly, from any person interested in the matter some pecuniary or matesial benefit or advantage, or for the purpose of favoring his oum interest of giving undue advantage in favor of or discsiminating against any other interested party = RA 3019, as amended 1sshall cag directly advantas contact 8. Entesing, on behalf of the Govemment, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or wall profit thereby. 9. Disectly or inclsectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take past in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest 10. Disectly or indirectly becoming interested, for personal gain, or having a smatesial intesest in any transaction or act requiting the approval of a board, panel, or group of which he is a member, and which exercises discretion in such approval, even ifhe votes against the same or does not patticipate in the action of the board, committee, panel or group. 11 Knowingly approving or granting any license, pemmit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, pexmit, ptivilege, or advantage, or of a mete sepresentative or chummy of one who is not so qualified or entitled 12, Divulging valuable information of a confidential character, acquited by his office or by him on account of his official position to unauthorized pessons, of seleasing such information in advance of its authonzed release date b. Any pesson having family or close personal relation with any public official who spitalize ox exploit or take advantage of such family or close petsonal selation by or indisectly requesting or seceiving any present, gift, or matesial, or pecuniary .g2 from any person having some business, transaction, application, request, of ‘with the government in which such public official has to intervene” ¢. Any peston who shall knowingly inchce or cause any public official to commit any of the offenses undes (A).™ Spouse or any selative, by consanguinity or affinity, within the 3" civil degree, of the president of the Philippines, the vice-president, the president of the Senate, or speaker of the house of Repsesentatives, who shall intervene, disectly or indlsectly, in any business transaction, contract or application vith the gov't!” Sec 4 ibid. Sec 5 116iii) Exceptions 1 Any pesson who, prior to the assumption of office of any of the above officials to ‘whom he is related, has been alseady dealing with the gov't along the same line of business; 2. Any transaction, contract or application alseady existing or pending at the time of such assumption of public office; 3. Any application filed by him, the approval of which is not discretionary on the pat of the official@) concemed but depends upon compliance with requisites provided by nw or ules or segulations issued pussuant to law, 4, Any act lawfully performed an official capacity orin the exercise of a profession 5. Any member of congress, dusing the tesm for which he has been elected, who shall acquise or receive any personal pecuniayy interest in any specific business entespsise ‘which shall be dizectly and pasticulady favored or benefited by any law or resolution authored by him previously approved or adopted by Congress dusing his team. 6. Any public officer who shall fail to file a true, detailed and swom statement of assets and liabilities within 30 diys after assuming office and thereafter on ot before the 15% diy of Apsl following the close of every calendar yeas, as well as upon the expiation of his tenm of office, or upon his resignation or separation from office." 1. Unsolicited gifts or presents of small or insignificant value offered or given as a mete ordinary token of gratitude of friendship according to local customs or usage Sec 7 Sec 14 17. Anti-Plunder Act 4) Definition of terms Public Officer Any pesson holding any public office in the Govemment of the Republic of the Philippines by vistue of an appointment, election or contract. Govemment Includes the National Govemment, and any of its subdivisions, agencies or instmumentalities, including govemment- owned of -contsolled cosporations and their subsidiaries Pesson Includes any natural or jusidical pesson, unless the context indicates otherwise. ii) Il-gotten wealth Any asset, propesty, business entespsise or matesial possession of any pesson within the pusviewr of Section Two (2) hereof, acquited by him disectly or indizectly through dummies, nominees, agents, subordinates and/or business associates by any combination or sesies of the following means or similar schemes 1) Through misappropsiation, conversion, misuse, or malvemsation of public funds or saics on the public treasury; 2) By seceiving, cisectly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concemed, 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Govemment or any of its subdivisions, agencies or instmumentalities or _govemment-owmed or -controlled cosposations and their subsidiaties, 4) By obtaining, receiving or accepting dizectly or indirectly any shates of stock, equity ox any other foum of interest or pasticipation including promise of futuse employment in any business entespsise or undestaking; * RA 7080, as amended * Sec 1 (a) intra 1g5) By establishing agscultusal, industial or commestial monopolies or other combinations and/or implementation of decsees and ordess intended to benefit pasticular pessons or special interests, of 6) By taking undue advantage of official position, authosity, relationship, connection or influence to unjustly ensich himself or themselves at the expense and to the damage and ptejudice of the Filipino people and the Republic of the Fhilippines ** iii) Plunder Any public officer who, by himself or in connivance with membess of his family, sslatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquises ill-gotten wealth through a combination or sesies of ovest csiminal acts as descsibed in Section 1 (@)" hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the ctime of plunder and shall be punished by recusion perbetva to death. Any pesson who patticipated with the said public officer in the commission of an offense contubuting to the csime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of pasticipation and the attendance of mitigating and extenuating ciscumstances, as provided by the Revised Penal Code, shall be considered by the coust, The coust shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks detived from the deposit or investment thereof forfeited in favor of the State.” iv) Series / Combination” v) Pattern For purposes of establishing the csime of plunder, it shall not be necessary to prove each and every ctiminal act done by the accused in fustherance of the scheme or conspitacy to amass, accumulate or acquise ill-gotten wealth, it being sufficient to establish beyond seasonable doubt a pattem of ovest or csiminal acts inclicative of the overall unlawful scheme cox conspisacy. Sec 1 (d) ** supra *” Sec 2, as amended by RA. 7659. * see Plunder, supra * Sec 4. 19¢, Human Security Act of 2007" 4) Failure to deliver suspect to proper judicial authority™ ‘The penalty of ten (L0) yeass and one day to twelve (12) years of imprisonment shall be imposed upon any police or Inw enforcement personnel who has apprehended or astested, detained and taken custody of a pesson charged with or suspected of the crime of tetronism of conspiracy to commit terrorism and fails to deliver such charged or suspected pesson to the proper judicial authority within the pesiod of three days. ii) Infidelity in the custody of detained persons Any public officer who has ditect custody of a detained peson or under the provisions of this Act and who by his deliberate act, misconduct, or inexcusable negligence causes of allows the escape of such detained pesson shall be guilty of an offense and shall suffer the penalty of (a) twelve (12) yeass and one day to twenty (20) yeats of imprisonment, if the detained person has alseady been convicted and sentenced in a final judgment of a competent coust, and (©) sixyeass and one day to twelve (12) yeas ofimpsisonment, if the detained person hhas not been convicted and sentenced in a final judgment of a competent court.” iii) False prosecution Upon acquittal, any pesson who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500,000.00) for every day that he or she has been detained or depsived of libesty or attested without a watrant as 2 result of such an accusation. The amount of damages shall be automatically charged against, the appropsiations of the police agency or the Anti-Terrosism Council that brought or sanctioned the filing of the charges against the accused It shall also be released within fifteen (15) days from the date of the acquittal of the accused The award of damages mentioned above shall be without prejudice to the sight of the acquitted accused to file criminal or administrative chasges against those responsible for charging him with the case of terrorism. Any offices, employee, pessonnel, or person who delays the selease or refuses to selease the amounts avarded to the individual acquitted of the crime of tesrorism shall suffer the penalty of six (6) months of imprisonment Ifthe deductions are less than the amounts due to the detained pessons, the amount needed to complete the compensation shall be taken from the current appropsiations for intelligence, emesgency, social or other finds of the Office of the President na 9372 Sec 20, 7 Sec 44, 120In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concemed, the amount shall be automatically included in the appropsiations of the said agency for the coming year” * Sec 50 128. Crimes Against Persons Cames ‘Blements /Requisites Parricide”™* a Apesonis killed b. The deceased is killed by the accused. c. The deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused Death or physical injuries under | 2A legally masied peson or parent surprises his exceptional circumstances” spouse or daughter” in the act of committing sexual intercousse with another person b, He/she kills any or both of them or inflicts upon any or both of them any sesious physical injusy in the act or immedhately thereafter art 206 The relationship of the offender with the victim is the essential element of the felony Parents and children are not included in the term “ascendants’ or “descendants” The other ascendant or descendant must be legitimate On the other hand, the father, mother or child ‘may be legitimate or illegitimate The child should not be less than 3 days old. Otherwise, the offense is infanticide Relationship must be alleged AA stranger who cooperates in committing parricide is iable for murder or homicide Even ifthe offender did not know that the person he had killed is his son, he is still table for parricide because the law does not require knowledge of the relationship art 207 Article does not define or penalize afelony Not necessary that the parent be legitimate Article applies only when the daughter is single Surprise: means to come upon suddenly or unexpectedly ‘Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. However, itis enough that circumstances reasonably show that the carnal act is being committed ‘or has been committed Sexual intercourse does not include preparatory acts Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form parts of ‘one continuous act The kiling must be the direct by-product of the rage of the accused No criminal liability is incurred when less serious or slight physical injuries are inflicted Moreover, in ‘case third persons caught in the crossfire suffer physical injuries, the accused is not liable. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing afelony > the latter must be under 18 and living with them 122¢ He has not promoted or facilitated the prostitution of his vafe or daughter, or that he has not consented to the infidelity of the other spouse Murder” a Apeson was killed b. The accused killed him. ¢. The killing was attended by any of the following qualifying circumstances 1. with treachesy, taking advantage of supesior strength, with the aid or armed men, or employing means to weaken the defense or of means or petsons to insure or afford impunity 2. in consideration of price, reward or promise 3. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of aisship, by means of motor vehicles or with the use of any other means involving great waste of ruin 4. on occasion of any of the calamities enumerated in the preceding paragraph, or of an eatthquake, eruption of a volcano, destmctive cyclone, epidemic or any other public calamity 5. with evident premeditation 6. with cmuelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scofiing at his person or coxpse, 7. The killing is not passicide or infanticide art 208 The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated murder Murder will exist with only one of the circumstances The other citcumstances are absorbed or included in one qualifying circumstance They cannot be considered as generic aggravating circumstances ‘Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as generic aggravating circumstances Treachery and premeditation are inherent in murder with the use of poison 123Homicide”* a Apeson was killed b. The accused killed him without any justifying ciscumstances ¢. The accused had the intention to kill, which is presumed The killing was not attended by any of the qualiffing ciscumstances of musdes, or by that of passicide or infanticide Death in a tumultons affray” a. These be several pessons. b. They did not compose groups organized for the common purpose of assaulting and attacking each other seciprocally ¢. These several persons quatreled and assaulted one another in a confused and tumultuous manner d Someone was killed in the course of the afftay. e. Tk cannot be ascestained who actualy killed the deceased. £ The pesson or petsons who inflicted sesious physical injusies or who used viclence can be identified art 209 Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in attempted or frustrated homicide There is no crime of frustrated homicide through negligence When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is guilty of homicide In all crimes against persons in which the death of the victim is an element, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim * a 251 Tumultuous affray exists hen at least 4 personstake part in it When there are? identified groups of men who assaulted each other, there isno tumultuous affray Persons liable are: ‘a person/s who inflicted serious physical injuries b. if ft is not known who inflicted serious physical injuries on the deceased, all persons who used Violence upon the person of the victim 128Physical injuries inflicted in a| a ‘These is a tumultuous afitay as sefesced to in the tumultous affray™’ preceding asticle b. A patticipant or some pasticipants thereof suffer sesious physical injusies or physical injusies of a less sesious nature only. c. The pesson sesponsible therefor cannot be identified All those who appear to have used viclence upon the pesson of the offended patty ate known Giving assistance to suicide" —_| a Assisting another to commit suicide, whether the suicide is consummated or not b. Lending his assistance to another to commit suicide to the extent of doing the killing himself Discharge of firearms” a Offender discharges a fixearm against o at another pesson, b. Offender has no intention to kill that person. = art 252 art 253 ‘A person who attempts to commit suicide is not criminally lable ‘A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was expelled, is not liable for abortion Assistance to suicide is different from mercy-killing Euthanasia is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die A doctor who resortsto euthanasia may be held liable for murder Penalty is mitigated if suicide isnot successful = art 254 The offender must shoot at another with any firearm without intention of killing him. Ifthe firearm is not discharged at a person, the act is not punished under this article AA discharge towards the house of the victim is not discharge of firearm. On the other hand, firing a gun against the house of the offended party at random, not knowing in what part of the house the people were, itis only alarm under Art 155. Usually, the purpose of the offender is only to intimidate or frighten the offended party Intent to kill is negated by the fact that the distance between the victim and the offender is200 yards ‘A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long asit was intially aimed at or against the offended party 1BInfanticide aA child was killed b, The deceased child was less than three (3) cays (72hous) of age c. The accused killed the said child Intentional abortion“* a. There is a pregnant woman. b. Violence is exested or dmgs or beverages administered, or that the accused otherwise acts ‘upon such pregnant woman. c As a sesult of the use of violence o drugs or beverages upon hes, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom. d The abostion is intended Unintentional abortion“ a. These is a pregnant woman b. Violence is used upon such pregnant woman vathout intending an abortion ¢. The violence is intentionally exested LAs a seoult of the violence that fetus cies, either in art 255 When the offender isthe father, mother or legitimate ascendant, he shall suffer the penalty prescribed for patticide Ifthe offender is any other person, the penalty is that for murder. In either case, the proper, ‘qualification for the offense is infanticide When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor, such fact is only mitigating The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when it was killed = art 256 art 257 Unintentional abortion can also be committed through negligence The accused can only be held liable if he knew that the woman was pregnant If there is no intention to cause abortion and neither was violence exerted, arts 256 and 257 does not amply 126the womb or alterhaving been expelled thesefzom. Abortion practiced by the | a There is a pregnant woman who has suffered an woman herself or by her | abostion parents b. The abostion is intended ¢. The abortion is caused by — 1. the pregnant woman hesself 2. any other pesson, with her consent, or 3. any of her parents, with her consent for the purpose of concealing her dishonor Abortion practiced by | a. These is 2 pregnant woman who has suffesed an physician or midwife and | abortion dispensing of abortives” b. The abortion is intended © Offender, who must be a physician or midwife, causes of assists in causing the abortion. dl Said physician or midwife takes advantage of his orher scientific knowledge or skill Responsibility of participants in | a Killing one’s advessasy in a duel a duel” art 258 Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there {sno litigation for the parents of the pregnant women even if their purpose is to conceal their daughter's dishonor In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. This is not so for Art. 258. = art 259 It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used I the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice = art 260 Persons liable: 127b. Inficting upon the adversary sesious physical injusies ¢. Making a combat although no physical injusies have been inflicted Challenging to a duel” a. Challenging another to a duel b Inciting another to give or accept a challenge to a duel ¢. Scoffing at or deciying another publicly for having refused to accept a challenge to fight a duel Mutilation” a There be a castration ie mutilation of organs necessary for generation b, Mutilation is caused pusposely and deliberately 1. Principals — person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases 2. Accomplices~ as seconds Duel: a formal or regular combat previously concerted between 2 patties in the presence of 2 or more ‘seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight If death resutts, the penalty isthe same as that for homicide = art 261 Persons liable: 1L Challenger 2. Instigators = art 262 Kinds of Mutilation Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction Intentionally making another mutilation, ie loping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind ‘Mayhem: refersto any other intentional mutilation 128Serious physical injuries a Injured person becomes insane, imbecile, impotent or blind b Injured person — L loses the use of speech or the power to hear or to smell, loses an eye, ahand foot, atm or leg. art 263 How Committed L Wounding 2 Beating 3. Assautting 4. Administering injurious substances Serious physical injuries is qualified when the crime is committed against the same persons ‘enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is ‘not qualified serious physical injuries Serious physical injuries may be committed through reckless imprudence or simple imprudence There must be no intent to kill Impotent should include inability to copulate and sterility Blindness requires loss of vision in both eyes. Mere weakness in vision is not contemplated Loss of power to hear must involve both ears Otherwise, it will be considered as serious physical injuries under par3 Loss of use of hand or incapacity of usual work in par 2 must be permanent. Par? refersto principal members of the body. Par3 on the other hand, covers any other member which is not a principal part of the body. In this respect, a front tooth is considered as a member of the body, ‘ther than a principal member Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural means ff by nature It must be conspicuous and visible Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible The loss of 3 incisorsis a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the lobule of the ear is only a deformity Loss of the index and middle fingers is either a deformity or loss of amember, not a principal one of his body or use of the same Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body If the injury would require medical attendance for more than 30 days, the illness of the offended party ‘may be considered as lasting more than 30 days The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time Under par 4, all that is required is illness or incapacity, not medical attendance In determining incapacity, the injured party must have an avocation at the time of the injury. Work: includes studies or preparation for a profession When the category of the offense of serious physical injuries depends on the period of the illness of incapacity for labor, there must be evidence of the length of that period Otherwise, the offense will only bbe considered as slight physical injuries There is no incapacity ifthe injured party could still engage in his work although less effectively than before 1292 loses the use of any such member 3. becomes incapacitated for the work in which he had been habitually engaged b, Injured person — 1. becomes deformed 2. loses any other member of his body 3. loses the use thereof 4. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days ¢. Injused pesson becomes ill or incapacitated for labor for more than 30 days.“ Administering injurious substances or beverages a Offender inflicted upon another person any sesious physical injury b. Tt was done knowingly administering to him any injusious substances or beverages or by taking advantage of his weakness of mind of credulity c. Hehadno intent to kill Less serious physical injuries" a. Offended pasty is incapacitated for labor for 10 cays or more," or needs medical attendance for the * but not more than90 days = art 264 leis frustrated murder when there isintent to kill ‘Administering means introducing into the body the substance, thus throwing of the acid in the face is not contemplated = art 265, Circumstances qualifying the offense: when there ismanifest intent to insult or offend the injured person when there are circumstances adding ignominy to the offense \when the victim is either the offender's parents, ascendants, guardians, curators or teachers when the victim is a person of rank or person in authority, provided the crime is not direct, b a assault It falls under this article even if there was no incapacity but the medical treatment was for 13 days 130Same petiod oftime b. The physical injusies must not be those described in the preceding atticles Slight physical injuries a Incapacitated the offended patty for labor from 1- 9 days or sequised medical attendance cnsing the same petiod b, Which did not prevent the offended party from engaging in his habitual work or which did not sequite medical attendance” ¢. Ibtreatment of another by deed without causing any injusy’ =" but not more than 30 days ** art 266 * ex Black-eye *# ex slapping but without causing dishonor 131a Anti-Violence against Women and their Children Act of 2004” 4) Punishable acts ‘The crime of violence against women and their children is committed through any of the following acts (@) Causing physical harm to the woman or her child, (©) Threatening to cause the woman orher child physical hasm, (©) Attempting to cause the woman or her child physical ham, (@ Placing the woman orher childin feat of imminent physical ham, (©) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the sight to desist from ox desist from conduct which the woman or her child has the sight to engage in, or attempting to sestsict or sestricting the woman's orher childs freedom of movement or conduct by force or threat of fosce, physical or other hasm or threat of physical or other harm, or intimidation disected against the woman or child ‘This shall include, but not limited to, the following acts committed with the puspose or effect of controlling or restricting the woman's or her child's movement or conduct (W) Threatening to depsive or actually depriving the woman or her child of custody to her/his family, (2 Depsiving or threatening to depsive the woman or her children of financial suppott legally due her or her family, or deliberately providing the woman's children insufficient financial suppost, os () Depsiving or threatening to depsive the woman or her child of a legal sight, @ Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey ot properties, orsclely controlling the conjugal or common money, or properties; (® Inflicting or threatening to inflict physical ham on oneself for the purpose of controlling her actions or decisions, = RA 9262 132(@ Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute tape, by force or threat of force, physical haim, or through, intimidation directed against the woman or her child orher/his immediste family, (b) Engaging in pusposefil, knowing, or seckless conduct, pessonally or through another that alasms ox causes substantial emotional or psychological distress to the woman orher child This shall include, but not be limited to, the following acts (Stalking or following the woman or her child in public or private places, (2 Peesing in the window or lingesing outside the residence of the woman or her child, (@) Entesing or remaining in the dwelling or on the property of the woman or her child against hes/his wall, @) Destroying the property and pessonal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of haxassment ot viclence, @ Causing mental or emotional anguish, public sidicule or humiliation to the woman orher child, including but nct limited to, sepeated verbal and emotional abuse, and denial of financial suppost or custody of minor childsen of access to the woman's child/children ** ', Anti-Child Pomography Law*! 4) Definition of terms Child A pesson below eighteen (18) yeas of age or over, but is unable to filly take cate of himself/herself from abuse, neglect, cmuelty, exploitation or discsimination because of a physical or mental disability or condition, Also sefess to: (D apesson regardless of age who is presented, depicted of portrayed as a child as defined herein, and computer-generated, digitally or manually crafted images or guaphics of a person who is represented or who is made to appearto be a child as defined herein sec 5. RA 9775 133‘Any seprsentation, whether visual, sudo, or watten Child pomography combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities. Explicit Sexual Activity Includes actual of simulated - (As to foam: @ sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to anal, whether between pessons of the same or opposite sex; Q bestiality, @ masturbation, @) sadistic or masochistic abuse; (8) lascivious exhibition of the genitals, buttocks, breasts, pubic atea and/or anus; of (6) use of any object or instrument for lascivious acts Intemet addsees A website, bulletin board service, intemet chat room or news group, or any other intemet or shared netwods protocol address Intemet cafe or kiosk An establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the puspose of accessing the intemet, computer games or related sewvices Intemet content host ‘A person who hosts or who proposes to host intemet content in the Fhilippines Tntemet service provider asp A pesson or entity that supplies or proposes to supply, an intemet carsiage service to the public Grooming ‘The act of prepasing a child or someone who the offender 1mBelieves to be a child for semual activity or sexual selationship by communicating any form of child pomography. Tt includes online enticement or enticement through any other means Lusing () The act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the puspose of facilitating the commission of sexual activity of production of any foum of child pomography Bestiality Pandesing “The act of offering, advestising, promoting sepresenting or distubuting through any means any matenal or pusposted matesial that is intended to cause ancther to believe that the matesial or pusported matesial contains any form of child pomography, regardless of the actual content of the matesial or pusposted material Feson Any natural or jusidical entity ii) Unlawful or punishable acts (® To hite, employ, use, pessuade, induce or coesce a child to pesfoum in the creation of production of any form of child pomogsaphy, (b) To produce, disect, manufacture or create any form of child pomography; (©) To publish offer, transmit, sell, distsibute, broadcast, advertise, promote, export corimpost any form of child pomogsaphy, (@ To possess any form of child pomography with the intent to sell, distuibute, publish, or broadcast Provided. That possession of three (3) or more atticles of child pomography of the same form shall be psima facie evidence of the intent to sell, distuibute, publish of broadcast, (©) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, psivate rooms, cubicles, cinemas, houses of in establishments pusporting to be a legitimate business; = Sec 3. 135(® Fox film distributors, theaters and telecommunication companies, by themselves, orin cooperation with other entities, to distribute any form of child pornography, @ For 2 parent, legal guardian or pesson having custody or control of a child to knowingly pesmit the child to engage, pasticipate or assist in any form of child pomography, (b) To engage in the lusing or grooming of a child, @ To engage in pandesing of any form of child pomogsaphy; @ To willfully access any form of child pomography, & To conspire to commit any of the prohibited acts stated in this section Conspisacy to commit any form of child pomography shall be committed when two (2) or mote pessons come to an agreement conceming the commission of any of the said prohibited acts and decide to commit it, and () To possess any form of child pomography ©. Anti-Hazing Law 3) Hazing a) Definition An initiation site or practice as a prerequisite for admission into membeship in a fratemity, sorosity or organization by placing the secmiit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffesing os injusy. (b) Allowed initiation rites No hazing or initiation sites in any fom or manner by a fratemity, sorority of organization shall be allowed without prior wutten notice to the school authosities or head of organization seven (7) days before the conduct of such initiation. The wnitten notice shall indicate the petiod of the initiation activities which shall not exceed three (3) cays, shall include the names of those to be subjected to such activities, and shall fusther contain an undestaking that no physical viclence be employed by anybody cusing such initiation sites. = sec 4. RA 8049 Sec 1 *Sec2 136ii) Who are liable ‘The offices: and membess of the fistemity, sorosity or organization who actually patticipated in the infliction of physical hasm shall be liable as psincipals.*” ‘The oumer of the place where hazing is conducted shall be liable as an accomplice, ‘when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home of one of the officess or members of the fratemity, group, or organization, the parents shall be held liable as ptincipals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occussing ‘The school authosities including faculty membess who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occuring shall be punished as accomplices for the acts of hazing committed by the peipetsatoss ‘The offices, former offices, or alumni of the organization, group, fratemity or sorotity who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A fratemity or soxosity’s adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occussing shall be liable as principal. ‘The presence of any pesson dusing the hazing is prin facie evidence of patticipation therein as pancipal unless he prevented the commission of the acts punishable hesein, Any pesson charged under this provision shall not be entitled to the mitigating ciscumstance that there was no intention to commit so grave a wrong ‘This section shall apply to the president, manages, disector or other responsible officer of a cosporation engaged in hazing as a requirement for employment in the manner provided herein “* iii) Punishable acts 1 Tfdeath, rape, sodomy or mutilation sesults these from. 2 Ein consequence of the hazing the victim shall become insane, imbecile, impotent orblind 3. If in consequence of the hazing the victim shall have lost the use of speech or the power to hear orto smell, or shall have lost an eye, a hand, a foot, an asm or a leg or shall hhave lost the use of any such member shall have become incapacitated for the activity or ‘work in which he was habitually engaged. = sec 4. = Wid. 1374. Ein consequence of the hazing the victim shall become deformed or shall have lost any other patt of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the pesformance on the activity or work in which he was habitually engaged fora petiod of more than ninety (90) days. 5. IE im consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or wodk im which he was habitually engaged for a petiod of more than thisty (30) days 6 IE in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or wodk i which he was habitually engaged for a petiod of ten (10) days or move, or that the injury sustained shall requice medical assistance for the same pesiod 7 If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall cequise medical assistance forthe same peniod, 8. I£in consequence of the hazing the victim sustained physical injusies which do not prevent him from engaging in his habitual activity or wosk nor sequise medical attendance ‘The responsible officials of the school of of the police, military or citizen's atmy teaining osganization, may impose the appropsiate administrative sanctions on the person or the petsons charged under this provision even before their conviction. The maximum penalty hesein provided shall be imposed in any of the following instances: (@) when the recmitment is accompanied by force, viclence, threat, intimidation or deceit on the pesson of the recmuit who refuses to join, (©) when the secmit, neophyte or applicant initially consents to join but upon eamning that hazing will be committed on his petson, is prevented from quitting; (©) when the secmit, neophyte or applicant having undergone hazing is prevented from reposting the unlawful act to his patents or guardians, to the proper school authoxities, orto the police authorities, through force, violence, threat or intimidation, (@) when the hazing is committed outside of the school or institution; or (©) when the victim is below twelve (12) yeams of age at the time of the hazing = bid. 138Protection of Children Against Child Abuse, Exploitation, and Discrimination Act** 3) Coverage Special protection to children" from all forms of abuse, neglect, cauelty exploitation and discumination and other conditions, prejudicial to their development, provide sanctions for their commission and cassy out a program for prevention and detestence of and ctisis intervention in situations of child abuse, exploitation and discsimination.** ii) Child prostitution, punishable acts Children, whether male or female, who for money, profit, or any other consideration or due to the coescion or influence of any adult, syndicate or group, indulge in sexual intercousse of lascivious condnct, ate deemed to be children exploited in prostitution and other sexual abuse The enaky of clusion tempord in it medium petod to nduson pupeta shall be imposed upon the following: (@) Those who engage in or promote, facilitate or inchce child prostitution which include, but are not limited to, the following: (U) Acting as a procuter of a child prostitute; (2 Inducing a pesson to be a client of a child prostitute by means of watten or oral advertisements or other similar means, (@) Taking advantage of influence or selationship to procure a child as prostitute, @ Threatening or using violence towards a child to engage him as a prostitute; or =°RA 7610, as amended ‘** 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" refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (@) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; {G) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) 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. * Sec 2. 139(8) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (©) Those who commit the act of sexual intescousse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;“* and. (©) Those who desive profit or advantage thesefom, whether a manager of oumet of the establishment where the prostitution takes place, or of the sauna, disco, bas, sesost, place of entertainment or establishment serving as a cover of which engages in prostitution in addition to the activity fox which the license has been issued to said establishment. “* iii) Child trafficking, punishable acts Any peson who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other considesation, or bastes, shall suffer the penalty of sedusion temporal to redusion perbetua. ‘The penalty shall be imposed in its maximum pesiod when the victim is under twelve (12) yeass of age ™ ‘= When the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape of lascivious conduct, as the case may be The penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period Sec 5 Sec 7. 40e. Juvenile Justice and Welfare Act of 2006;*” also refer to Child and Youth Welfare Code** 4) Punishable acts In the conduct of the proceedings beginning from the initial contact with the child, the competent authosities must refrain from branding or labeling children 23 young caiminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no discsiminatory sematks and practices shall be allowed particuladly with respect to the childs class or ethnic ongin *” ‘The following and any other similar acts shall be considered prejudicial and detsimental to the psychological, emotional, social, spisitual, moral and physical health and ‘well-being of the child in conflict with the law and therefore, prohibited 1. Employment of threats of whatever kind and nature, 2. Employment of abusive, coercive and punitive measures such 2s cussing, beating, stuipping, and solitary confinement, 3. Employment of degrading, inhuman end cael forms of punishment such as shaving the heads, pousing irstating, cossosive or hasmful substances over the body of the child in conflict wath the law, or forcing him/her to walk around the community wearing signs which embarrass, humiliate, and degrade his /her personality and dignity, and fy cometlng the child to perform involuntary servitude in any and all forms under any and all instances, Criminal liability shall attach to any parent who 1. Conceals or abandons the child with intent to make such child lose his civil status 2. Abandons the child under such ciscumstances as to depsive him of the love, case and protection he needs 3. Sells of abandons the child to ancther person for valuable consideration. 4, Neglects the child by not giving him the echucation which the family's station in life and financial conditions pesmit. 5. Fails or cefuses, without justifiable grounds, to ensoll the child as sequised by Asticle 72 RA 9344. ** p.b 603, asamended * Sec 60.,RA 9344 Sec 61, id aa6. Causes, abates, o: pesmits the truancy" of the child from the echool where he is entolled 7 It shall be the duty of the teacher in charge to repost to the parents the absences of the child the moment these exceed five (5) schooldays 8. Impropedly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts which are inimical to his interest and welfase 9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embassasses or humiliates him 10. Causes o encousages the child to lead an immosal or diseclute life 11. Pesmits the child to possess, handle or cassy a deadly weapon, regardless of its ouneship 12 Allows or sequites the child to dsive without alicense or with a license which the parent knows to have been illegally procused If the motor vehicle driven by the child belongs to the pasent,** it shall be presumed that he pemitted or osdered the child to dave ‘A pemon whether the parent or guardian of the child or not, who knowingly or vwalfully, 1. Aich, causes, abets of connives with the commission by a child of a delinquency, 2. Does any act producing, promoting, or contributing to a child’s being or becoming ajuvenile delinquent £ Human Security Act of 2007 i) Punishable acts of terrorism’ ii) Who are liable” “Absence without cause for more than twenty (20) schooldays, not necessarily consecutive. * Include the guardian and the head of the institution or foster home which has custody of the child * art 59, P.D. 603, art 204, id “Ra 9372 ** supra * iid. a29. Crimes Against Personal Liberty and Security Games Blements Kidnapping and serious illegal detention’ a. Offenders a peivate individual b, He kidnaps or detains ancthes, or in any other manner depuives the latter of his libesty ¢. The act of detention or kidnapping must be illegal In the commission of the offense, any of the following ciscumstances are present” 1. Kidnapping/detention lasts for mote than 3 days 2 Ibis committed simulating public authosity 3. Any sesious physical injusies ase inflicted upon the pesson kidnapped or detained or threats to kill him ase made, or 4. that the pemon kidnapped or detained is a minors," female or a public officer Slight illegal detention a. Offenderis a private person b. He kidnaps or detains another or in any other manner deprives him of his libety / fumished place for the pespetuation of the crime ¢. The act of detention or kidnapping must be illegal art 267 ** becomes serious #* except if parent isthe offender art 268 Privileged mitigating circumstances: Inthe offender: a voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention '. without having attained the purpose intended and before the institution of criminal proceedings against him 43d The ctime is committed without the attendant of any of the ciscumstances enumerated in Ast 261 Unlawful arrest a. Offender arrests or detains another person b, The purpose of the offenders to deliver him to the proper authosities, ¢. The attest or detention is not authorized by law or there is no reasonable ground therefor Kidnapping and failure to return a a Offender is enteusted with the custody of a minor person” b, He deliberately fail to cestoze the said minox to his parents Inducing a minor to abandon his home™ a. The minor*” is living in the home of his parents or guardians or the pesson entrusted with his custody b. Offender induces a minor to abandon such home Slavery a Offender puschases, sells, kidnaps or detains a = supra * art 269 Offender is any person, so either a public officer or private individual Refers to warrantless arrests In Art125, the detention is for some legal ground while here, the detention is not authorized by law In.Art125, the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here, the arrest is not authorized by law art 270 = whether over or under 7 but less than 18 yrs old art 271 Inducement must be actual, committed with criminal intent and determined by a will to cause damage Minor should not leave his home of his own free will Mitigating if by father or mother *” whether over or under 7 art 272 Qualifying circumstance ~ if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher 14aTaman being b. The puspose of the offender is to enslave such human being Exploition of child labor™ a. Offender retains a minor in his service b, Itis against the wall of the minor ¢. Ttis under the pretext of reimbursing himself of a debt incusred by an ascendant, guardian or person entmusted with the custody of such minor Services rendered under compulsion in payment of debt" a. Offender compels a debtor to wos for him, either as household servant os faim labores b. Itis against the debtors wall ¢. The puspose is to requite or enforce the payment of a debt. Abandonment of person in danger and abandonment of one’s own victim 1. Failing to sender assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself unless such omission shall constitute a more sesious offense 2. Failing to help or sender assistance to another whom the offender has accidentally wounded orinjured 3._ Failiny to deliver a child, a. Place is not inhabited. b. The accused found there a pesson wounded or in danger of dying. c. The accused can sender assistance without detiment to himself The accused fails to render assistance art 273 art 274 ant 275 asunder 7 whom the offender has found abandoned, to the authosities, orto his family, or by failing to take him to a safe place Abandoning a minor"? a. Offender has the custody of a child. b, The child is under seven (7) yeass of age ¢ He abandons such child. d. He has no intent to kul the child when the latter is abandoned. Abandonment of minor by person entrusted with his custody; indifference of parents 1. Delivering a minor to a public institution or other persons w/o consent of the one who entmsted such minor to the cate of the offender os, in the absence of that one, without the consent of the proper authosities 2. Neglecting his“ childen by not giving them education which their station in life requires and financial condition pesmits a Offender has charged of the seating or education of a minor. b, He delivess said minos to a public institution os other pesons. ¢. The one who entmsted such child to the offender has not consented to such act, or if the one who entmsted such child to the offender is absent; the proper authosities have not consented tot. a. Offenderis a parent b. He neglects his children by not giving them education ¢. His station in life requises such education and his financial condition pesmits it at 276 Conscious, deliberate, permanent, unless punishable by amore serious offense Qualifying circumstances: ‘a when the death of the minor resulted from such abandonment b._ifthelife of the minor wasin danger because of the abandonment an 277 * offender 46Exploitation of minors 1. Causing any boy or gid under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any pesson. 2. Employing children under 16 who a not the children or descendants of the offender in exhibitions of acrobat, gymnast, sope-walkes, dives, or vild-animal tamer or ciscus manager or engaged in a similar calling 3. Employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings. 4, Delivesing a child under 16 gutuitously to any pesson following any of the callings enumerated in par 2 or to any habitual vagrant or begga, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the case of such child 5. Inducing any child under 16 to abandon the home of its ascendants, guardians, cusstos or teaches to follow any pesson engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggas, the offender being any person. ant 278 Qualifying Circumstance ~ if the delivery of the child to any person following any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price, compensation or promise, the penalty is higher. 7Trespass to dwelling" a. Offenders a private peson. b, He entess the dwelling of another ¢. Such entrance is against the latter's wall Other forms of trespass” a Offender enter the closed premises or the fenced estate of another b. The entsance is made while either of them is uninhabited. ©. The prohibition to enter be manifest. The trespasser has not secused the pesmission ofthe oumer or the caretaker thereof Grave threats where offender attained his purpose“ 1. Threatening another with the | 2 Offender threatens another person with the infliction upon his pesson, honor or | infliction upon the latters pesson, honor or property that of his family of any | property, or upon that of the latter’s family, of any wrong amounting to acsime and | wrong art 280 Qualifying circumstance: if the offense is committed by means of violence or intimidation, the penalty Ishigher There must be an opposition to the entry of the accused Implied prohibition is present considering the situation ~ late at night and everyone's asleep or ‘entrance was made through the window Prohibition is not necessary when violence or intimidation is employed by the offender When there is no overt act of the crime intended to be committed, this isthe crime May be committed even by the owner (as against the actual occupant) Not applicable to: a entrance isfor the purpose of preventing harm to himself, the occupants or athird person b. purpose isto render some service to humanity or justice placeisacafé, tavern etc while open ‘Medina case: when the accused entered the dwelling through the window, he had no intent to kill any person inside, but the intention to kill came to his mind when he was being arrested by the occupants thereof, the crime of trespass to dwelling isa separate and distinct offense from frustrated homicide * art 281 * art 282 ‘Ageravating circumstances: if made in writing or thru a middleman Frustrated if not received by the person being threatened ‘Art284 bond from good behavior may be imposed (only in these offenses) agdemanding money of imposing any other condition, even though not unlawful and the offender” 2. Making such threat without the offender attaining his puspose 3. Threatening another with the infliction upon his pesson, honor or propetty or that of his family of any wrong amounting to a csime, the b, Such wrong amounts to a csime. ¢. There is a demand for money or that any other condition is imposed, even though not unlawful dl Offender attains his purpose. a Offender threatens another person with the infliction upon the latters pesson, honor or property, or upon that of the latters family, of any wrong, theat not being subject to a condition b, Such wrong amounts to a csime. ©. The theeat is not subject to a condition Light threats™ a. Offender makes a threat to commit a wrong. b, The wrong does not constitute a csime ©. These is a demand for money or that other condition is imposed, even though not unlawful dl. Offender has attained his puspose os, that he has not attained his purpose Bond for good behavior™ Other light threats a Pesson shall threaten another with a weapon, or kaw weapon in a quarrel unless in self-defense b. In the heat of anges, person orally threatens another vith some ham constituting a csime, without persisting in the idea involved in the Threat is with condition *° threat is without condition art 283 Only in these offenses The wrong does not amount to a crime = art 284 art 285 9thieat, Subsequent acts did not pesist ©. Pesson orally threatens another with hamm not constituting a felony Grave coercions™ a A person prevented another from doing something or not to do something against his wall, be it sight or wrong, b, The prevention or compulsion be effected by violence, of force as would produce intimidation and control the wall. ©. The pesson that restrained the wall and libesty by another had not the authosity of law or the sight to do s0, of in other words, that the restraint shall not be made under authouity of law or in the exercise of any lavrful sight Light coercions™ a Offender must be a creditor b. He seizes anything belonging to his debtor ©. The seizuse of the thing be accomplished by means of violence or a display of mateual force producing intimidation, d. The puspose of the offender is to apply the same to the payment of the debt. Other similar coercions™ No.1 2. Offendes is any pesson, agent or officer of any association of corporation. b. He or such fim of cospotation has employed Inbotess or employees ©. He forces ox compels, disectly or indisectly, ot Inowingly pemmits to be forced of compelled any of his or its Iaboress or employees to puschase art 286 2? art 287 art 288 150‘merchandise of commodities of any Kind from his or from said fitm or cosposation No.2 a Offender pays the wages due a laborer or employee employed by him by means of tokens or objects b, Those tokens or objects ate other than the legal tender cusrency to the Philippines. ©. Such employee or laborer does not expressly request that he be paid by means of tokens of objects Formation, maintenance, and prohibition of combination of capital or labor through violence or threats” a. Offender employs violence or threats, in such a degree as to compel or force the laboress or employers in the fiee and legal exesvise of their industry or work b, The puspose is to organize, maintain or prevent coalitions of capital or Iabos, stuike of laborers or lockout of employees Discovering through seizure of correspondence” secrets a. Offender is a private individual or even a public officer not in the exescise of his official function, b, He seizes the papers orlettess of another ¢. The purpose is to discover the sectets of such another person, d. Offender is infoumed of the contents or the papess orlettess seized. Revealing secrets with abuse of office” a. Offenders a manages, employee or servant =” art 289 ** art 290 Not applicable to parents with respect to minor children Contents need not be secret but purpose prevails Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of another to a3” person, the penalty ishigher art 291 151b, He leams the secrets of his psincipal or master in such capacity ¢. He seveals such secsets Revelation of industrial secrets a Offender is a pemson in charge, employee or workman of a manufactusing or incustsial establishment, b. The manufacturing o: industrial establishment has a secret of the industsy which the offender has leamed, ¢. Offender reveals such secrets. d Prejudice is caused to the ovmer art 292 152a Anti-Wire Tapping Act™ 3) Punishable acts It shall be unlawful for any pesson, not being authosized by all the pasties to any ptivate communication or spoken word, to tap any wite or cable, or by using any other device or arrangement, to secretly ovetheas, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape tecondes, orhowever otherwise described: It shall also be unlawful for any person, be he a patticipant or not in the act os acts penalized in the next preceding sentence, to knowingly possess any tape record, wite record, disc recone, of any other such record, or copies thereof, of any communication or spoken, ‘word secured either before or after the effective date of this Act in the manner prohibited by this law, or to replay the same for any other pesson or pessons, or to communicate the contents thereof, either verbally or in wsting or to furnish transcsiptions thereof, whether complete or partial, to any other person. The use of such record or any copies thereof as, evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 heseof shall not be covered by this prohibition Any peson who willfully or knowingly does or who shall aid, pesmit, or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder, or aids, pesmits, or causes such violation shall, upon conviction thereof, be punished by impsisonment for not less than six months or moe than six yeass and with the accessory penalty of pespetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense, and if the offender is an alien he shall be subject to deportation proceedings. ii) Exceptions Any peace officer, who is authorized by a wiitten order of the Coust, to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the caimes of treason, espionage, provoking war and disloyalty in case of was, pisacy, mutiny in the high seas, rebellion, conspitacy and proposal to commit rebellion, inciting to sebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national secusity Such waitten osder shall only be issued or granted upon wnitten application and the examination under oath or affismation of the applicant and the witnesses he may produce and a showing (1) that there ase reasonable grounds to believe that any of the crimes RA 4200 sec Sec 2. 153enumerated hereinabove has been committed o: is being committed of is about to be committed. In cases involving the offenses of rebellion, conspiracy and proposal to commit sebellion, inciting to rebellion, sedition, conspitacy to commit sedition, and inciting to sedition, such authosity shall be granted only (@) upon prior proof that a sebellion or acts of sedition, as the case may be, have actually been os are being committed, (2 that there ase reasonable grounds to believe that evidence will be obtained essential to the conviction of any pesson for, or to the sclution of or to the prevention of any of such csimes, and @) that there ate no other means readily available for obtaining such evidence ** b. Human Security Act of 2007 i) Surveillance of suspects and interception and recording of communications ‘The provisions of Republic Act No. 4200 to the contsayy notwithstanding, a police or law enforcement official and the members of his team may, upon a wiitten order of the Coust of Appeals, listen to, intercept and record, with the use of any mode, fom, kind or type of electronic or other surveillance equipment or intescepting and tracking devices, ot vith the use of any other suitable ways and means for that puxpose, any communication, message, conversation, discussion, or spoken or wnitten words between members of a judicially declared and outlawed terrosist organization, association, or group of pessons or of any person charged with or suspected of the ctime of terrorism or conspitacy to commit tesroxism. Surveillance, intesception and secording of communications between Inwyess and clients, doctoss and patients, joumalists and their sources and confidential business contespondence shall not be authosized ii) Restriction on travel In cases where evidence of guilt is not strong, and the person charged with the csime of texsotism or conspisacy to commit terrorism is entitled to bail and is granted the same, the coust, upon application by the prosecutor, shall limit the sight of travel of the accused to cwithin the municipality or city where he sesides or where the case is pending, in the interest sec 3 RA 9372 ** anti-Wire Tapping Law Sec 7 154of national secusity and public safety, consistent with Article III, Section 6** of the Constitution. Travel outside of said municipality or city, without the authosization of the coust, shall be deemed a violation of the tess and conditions of his bail, which shall then be forfeited as provided under the Rules of Coust He/she may also be placed under house arrest by order of the coust at his or her usual place of residence ‘While under house attest, he or she may not use telephones, cellphones, e-mails, computes, the intemet or other means of communications with people outside the sesidence until otheruise ordered by the cout ‘The sestsictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him ox ealier upon the discretion of the coust on motion of the prosecutor or of the accused iii) Examination of bank deposits and documents 2) Judicial Authorization ‘The provisions of Republic Act No. 1405 as amended to the contrary notwithstanding, the justices of the Coust of Appeals designated as a special coust to handle anti-terrosism cases after satisfying themselves of the existence of probable cause in a heating called for that puspose that (0) a peson chasged with or suspected of the ctime of tetrotism ox, conspiracy to commit terrotism, Q of a judicially declased and outlawed terrorist organization, association, or group cof persons, and @) ofa member of such judicially declared and outlawed organization, association, or ‘group of pessons, may authosize in wuiting any police or lav enforcement officer and the membes: of his /her team duly authosized in wuting by the anti-terrorism council to: (@) examine, or cause the examination of the deposits, placements, trust accounts, assets and secores in a bank or financial institution, and. (©) gather or cause the gathesing of any selevant information about such deposits, placements, trust accounts, assets, and secords from a bank or financial institution ‘= The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired ‘except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest cof national security, public safety, or public health, as may be provided by law. * Sec 26 155‘The bank or financial institution concemed, shall not refuse to allow such examination of to provide the desired information, when so, ordered by and served with the wuitten order of the Coust of Appeals.*” ) Application ‘The wiitten order of the Coust of Appeals authorizing the examination of bank deposits, placements, taust accounts, assets, and records ()) of a pesson charged with or suspected of the crime of terrorism or conspisacy to commit terrorism, of any judicially declared and outlawed tersosist organization, association, or ‘group of persons, of of any member of such organization, association, of group of pessons in a bank or financial institution, and the gathenng of any relevant information about the same from said bank or financial institution, shall only be granted by the authorizing division of the Coust of Appeals upon an ex parfe application to that effect of a police or of a law enforcement official who has been duly authosized in wating to file such ex arte application by the Anti-Terrosism Council created in Section 53@ of this Act to file such ex parte application, and upon examination under oath or affimation of the applicant and the ‘untnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits, placements, trust accounts, assets, and secorch of those mentioned under nos. 1 to 3 above. iv) Unauthorized revelation of classified materials ‘The penalty of ten (10) yeass and one day to twelve (12) yeas of imprisonment shall be imposed upon any pesson, police of law enforcement agent, judicial officer or civil seqvant who, not being authorized by the Coust of Appeals to do so, reveals in any manner ‘or fom any classified imformation under this Act.” Sec 27 ** The members of the Council are: (1) the Executive Secretary, who shall be its chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of Finance; and (7) the National Security Advisor, as ts other members = Sec 28 Sec 45: 156cc. Anti-Trafficking in Persons Act of 2003** 1) Punishable acts It shall be unlawful for any person, natusal or jusidical, to commit any of the following acts (@ To recmit, transpost, transfer, harbor, provide, or receive a pesson by any means, including those done under the pretext of domestic or overseas employment os training or apprenticeship, for the puspose of prostitution, pomography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage, (©) To introduce or match for money, profit, or matesial, economic or other consideration, any person os, as provided for under Republic Act No. 6955, any Filipino ‘woman to a foreign national, for massiage for the puspose of acquising, buying, offesing, selling or trading him /her to engage in prostitution, pomography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage, (©) To offer or contract marsiage, real or simulated, for the puspose of acquising, buying, offesing, selling, or trading them to engage in prostitution, pomogmaphy, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage, (@) To undertake or organize touss and travel plans consisting of tousism packages or activities for the purpose of utilizing and offering persons for prostitution, pomography or sexual exploitation, (©) To maintain or hise a pesson to engage in prostitution or pomography, (® To adopt or facilitate the adoption of persons for the puspose of prostitution, pomography, sexual exploitation, forced labos, slavery, involuntary servitude or debt bondage; @ To recmuit, hise, adopt, transpott or abduct a pesson, by means of threat or use of foxce, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of ongans of said pesson, and () To secmuit, transpost or adopt a child to engage in atmed activities in the ‘Philippines or absoad.”* The following acts which promote or facilitate trafficking in pessons, shall be unlawful (@) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the puspose of promoting trafficking in persons, = RA 9208, Sec 4. 157(©) To produce, print and issue or distribute unissued, tampered or fake counseling cestificates, registration stickers and ce:tificates of any govemment agency which issues these ceitifcates and stickes: as proof of compliance vith govemment regulatory and pre- depastuse requirements for the purpose of promoting trafficking in persons, (©) To advertise, publish, print, broadcast or distribute, or cause the advestisement, publication, printing, broadcasting or distubution by any means, including the use of infomation technology and the intemet, of any brochure, yes, or any propaganda matesial that promotes trafficking in persons, (@) To assist in the conduct of mistepsesentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from govemment agencies that axe mandated to provide pre-depasture registration and services for depasting pessons for the purpose of promoting trafficking in persons; (©) To facilitate, assist orhelp in the exit and entyy of persons from/to the countay at intemational and local aisports, terutosial boundasies and seaports who ate in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons, (® To confiscate, conceal, or destroy the passpost, travel documents, or pessonal documents or belongings of trafficked pessons in fustherance of trafficking or to prevent them from leaving the country or seeking redress from the govemment or appropriate agencies, and @ To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a pesson held to a condition of involuntary servitude, forced labor, or slavery.“ ‘The following ase considered as qualified trafficking (8) When the trafficked pesson is a child, (©) When the adoption is effected through Republic Act No. 8043, othervise known as the "InterCountyy Adoption Act of 1995” and said adoption is for the puspose of ptostitution, pomography, sexual exploitation, fosced labor, slavery, involuntary servitude or debt bondage, (©) When the crime is committed by a syndicate, or in large scale Trafficking is deemed committed by a syndicate if carsied out by a group of three (3) or more persons conspising or confedesating vith one another It is deemed committed in large scale if committed against three (3) or more pessons, individually or as a group; (@ When the offender is an ascendant, parent, sibling guardian or a person who exercises authosity over the trafficked person or when the offense is committed by a public officer or employee; sec 5. 158(©) When the trafficked pesson is secmuited to engage in prostitution with any member of the militay or law enforcement agencies; ( When the offenderis amember of the military orlaw enforcement agencies; and. (@ When by season or on occasion of the act of trafficking in persons, the offended pasty cles, becomes insane, suffers mutilation or is aficted with Human Immunodeficiency ‘Visus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).”” sec 6. 15910. Crimes Against Property Cames “Elements Robbery in general” ‘There be pessonal property belonging to another ‘These is unlawful taking of that propesty. ‘The taking must be with intent to gain, and ‘Thete is violence against or intimidation of any pesson, of force upon anything Robbery with violence against or | By season or on occasion of the robbery, the intimidation of person" following are committed = art 293 Belonging to another ~ person from whom property was taken need not be the owner, legal possession is sufficient Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide Taking of personal property ~ must be unlawful; if given in trust - estafa [As to robbery with violence or intimidation - from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete ‘Asto robbery with force upon things~ thing must be taken out of the building Intent to gain - presumed from unlawful taking Taking must not be under the claim of ttle or ownership When there's no intent to gain but there is violence in the taking ~ grave coercion Violence or intimidation must be against the person of the offended party, not upon the thing General rule: violence or intimidation must be present before the “taking” is complete Except: when violence results in ~ homicide, rape, intentional mutilation or any of the serious physical injuries in par and2 of art 263, the taking of the property is robbery complexed with any of these crimes under Art 294, even iftaking is already complete when violence was used by the offender Use of force upon things ~ entrance to the building by means described in Arts 299 and 302 (offender must enter) When both violence or intimidation and force upon things concur ~ itis robbery with violence * art 294 Special complex crimes (specific penalties prescribed) robbery with homicide ~ if original design is robbery and homicide is committed ~ robbery with homicide even though homicide precedes the robbery by an appreciable time If original design is not robbery but robbery was committed after homicide as an afterthought = 2 separate offenses. Still robbery with homicide ~ if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident. robbery with rape — intent to commit robbery must precede rape Prosecution of the crime need not be by offended party ~fiscal can sign the information, When rape and homicide co- exist, rape should be considered as aggravating only and the crime is still robbery with homicide 1601. Homicide 2. Robbesy accompanied with rape or intentional mutilation, SEI —insane, imbecile, impotent or blind 3. SPI — lost the use of speech, heas, smell, eye, hand, foot, am, leg use of any such member, incapacitated for work habitually engagedin. 4, Viclence /intimidation shall have been cartied to a degree clearly unnecessasy for the ctime ot ‘when in the cause of its execution — SPI/defommity, or shall have lost any past of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days, > 30 days 5. Any kind of robbery with less setious physical injusies or slight physical injusies Qualified robbery with violence or intimidation Robbery by a band? a More than 3 amed malefactos b, Liability for the acts of the other membes of the band L._he was amember of the band © robbery with intimidation ~ acts done by the accused which by their own nature or by reason of the circumstances inspire fear in the person against whom they are directed Qualifying circumstances in robbery with violence or intimidation of persons, if any of the offenses defined in subdivisions3, 4 and5 of Art 294 is committed: in anuninhabited place or by aband or b <_by attacking a moving train, street car, motor vehicle or aitship, or d__ by entering the passenger's compartments in atrain, or in any manner taking the passengers thereof by surprise in the respective conveyances, or € ona street, road, highway or alley and the intimidation is made with the use of firearms, the offender shall be punished by the max period of the proper penalties prescribed in art 294 art 295 Must be alleged in the information Can't be offset by generic mitigating ‘Art 295 will not apply to: robbery w/ homicide, rape or SPI under par. 1 of Art 263, * art 296 1612. he was present at the commission of a sobbery by that band 3. other members of the band committed an assault 4._he didnot attempt to prevent the assault Attempted or frustrated robbery with homicide” Execution of deeds by means of | a Offender has intent to defiaud another. violence or intimidation” b. Offender compels him to sig, execute, or deliver any public instmument or document. ¢ The compulsion is by means of violence or intimidation. Robbery in an inhabited house or | 2. Offender entered public building or edifice devoted to worship"? Lan inhabited house, of 1. Conspiracy to commit robbery with homicide ~ even if less than 4 armed men 2. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof ~ all ‘members of the band are liable for robbery with homicide 3. Conspiracy is presumed when 4 or more armed persons committed robbery 4. Unless the others attempted to prevent the assault — guilty of robbery by band only > art 297 1L Whether robbery is attempted or frustrated, penalty isthe same 2. Where offense committed is attempted or frustrated robbery with serious physical injuries ~ Article 48 is applicable = art 298 art 299 Includes dependencies (stairways, hallways, etc) Inhabited house — any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent ~ dependencies, courts, corals, batns, etc. Not included ~ orchard, lands for cultivation. Important for robbery by use of force upon things, itis necessary that offender enters the building or where object may be found NO ENTRY, NO ROBBERY Entrance is necessary ~ mere insertion of hand isnot enough (whole body); not to get out but to enter ~ therefore, evidence to such effect is necessary v. Lamahang — intent to rob being present is necessary Place: house or building; not car Public building — every building owned, rented or used by the government (though owned by private persons) though temporarily vacant Not robbery ~ passing through open door but getting out of a window 1622. public buildings, o- 3. edifice devoted to seligious wosship b. The entrance was effected by any of the following 1. Through an opening not intended for entrance or egress 2. By breaking any wall, roof, or floor or breaking any door or window. 3. By using false keys, picklocks or similar tools 4. By using any fictitious name or pretending the exercise of public authosity. ¢. Once inside the building, the offender took pessonal propeity belonging to another with intent to gain. Outside door must be broken, smashed. Theft- iflockis merely removed or door was merely pushed False keys ~ genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock Picklocks ~ specially made, adopted for commission of robbery Key ~ stolen not by force, otherwise, t's robbery by violence and intimidation against persons False key used in opening house and not furniture inside, otherwise, theft (for latter to be robbery., ‘must be broken and not just opened) Gen Rule: outside door. Exception: inside door in a separate dwelling, eg. pretending to be police to be able to enter (not pretending after entrance) 163Robbery with force upon things | a Offender is inside a dwelling house, public building or edifice devoted to seligious woship, regardless of the ciscumstances under which he entered it b. Offender takes pessonal propesty belonging to another with intent to gain, under any of the following ciscumstances: 1. Breaking of doors, wardrobes, chests, of any other kind of locked or sealed fumiture or receptacle, or 2. Taking such fumituse or objects away to be broken or forced open outside the place of the sobbexy Robbery in an uninhabited place and by a band” Robbery in an uninhabited place | 2 Offender entered an uninhabited place or a or in a private building" building which was not a dwelling house, not a * art 299 (b) Entrance (no matter how done) Offender may be servants or guests Destruction of keyhole of cabinet is robbery here When sealed box is taken out for the purpose of breaking it, no need to open ~ already consummated robbery Estafa— if bx isin the custody of accused Theft - if bax found outside and forced open > art 300 What is an uninhabited house, public building or building dedicated to religious worship and their dependencies (Art 301) 1L. Dependencies are all interior courts, corrals, warehouses, granaries or enclosed places: a contiguous to the building 'b having an interior entrance connected therewith c which form part of the whole 2. Garage must have 3 requirements Exception: orchards/lands * art 302 Second kind of robbery with force upon things Uninhabited place -is an uninhabited building (habitable, not any of the 3 places mentioned) Ex warehouse, freight car, store Exception: pigsty Same manner as Art 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in Art 299. Exception: does not include use of fictitious name or pretending the ‘exercise of public authority Breaking of padlock (but not door) is only theft 164public building, ornot an edifice devoted to religious ‘woship. b. Any of the following ciscumstances was present 1 Entrance was effected through an opening not intended for entrance or egress 2A wall, roof floor, or outside door or window was broken. 3. The entrance was effected through the use of false keys, picklocks or other similas tools. 4. A doos, wasdtobe, chest, or any sealed or closed fumituse or receptacle was broken or 5. A closed or sealed receptacle was removed even if the same be broken open elsewhere ¢. With intent to gain, the offender took therefrom pessonal propesty belonging to another Robbery of cereals, fruits or fire wood in an uninhabited place or private building” Illegal possession of picklocks or similar tools™ a. Offender has in his possession picklocks or similar tools b. Such picklocks or similar tools ase specially adopted to the commission of robbery. c. Offender does not have lawful cause for such possession, False keys ~ genuine keys stolen from the owner or any other keys other than those intended by the ‘owner for use in the lock forcibly opened art 303 > art 304 Actual use of the same is not necessary 16False keys Fickloels, ete a Genuine key stolen from ower b. Any key other than those intended by oumer for use in the lock forcibly opened by the offender Brigandage”™” Brigancs — mose than three (3) aimed pessons forming a band Aiding and abetting a band of brigands™ a. These is aband of brigands b, Offender knows the band to be of brigands ¢. Offender does any of the following acts: 1. he in any manner aich, abets or protects such. band if bsigands, or 2. he gives them infomation of the movements of the police or other peace offices of the govemment or 3. He acquises or receives the property taken by such biigands Theft a_ Taking of pessonal property 7 art 305 Possession of false keys here not punishable I key was entrusted and used to steal, not robbery (not stolen) * art 306 PD 532 — Brigandage Seizure of any person for: (a) ransom; (b) extortion or other unlawful purpose; (c) taking away of property by violence or intimidation or force upon things or other unlawful means Committed by any person on any Phil hi-way Presumption of Brigandage: aif members of lawless band and possession of unlicensed firearms (any of them) bb. possession of any kind of arms (not just firearms) °° art 307 > art 308 Persons liable: 1 Those who 2) with intent to gain ») but without violence against or intimidation of persons not force upon things ©) take personal property of another 166b, Belonging to another ¢. The taking is done with intent to gain d The taking is done without the consent of the ¢ The taking is accomplished without the use of violence against or intimidation of persons or force upon things Hunting, fishing or gathering | a These is an enclosed estate or a field where fruits, etc. in enclosed estate’® | trespass is forbidden o which belongs to anothes, b. Offender enters the same. ) without the later’s consent 2. Those who a) having found lost property b) failto deliver the same to local authorities or its owner 3. Those who a) after having maliciously damaged the property of another b) remove or make use of the fruits of object of the damage caused by them 4. Those who a) enter an enclosed estate or afield where b) trespass is forbidden or which belongs to another and, without the consent of its owner ©) hunts or fish upon the same or gather fruits, cereals or other forest or farm products Theft is consummated when offender is able to place the thing taken under his control and in such a situation as he could disclose of it at once (though no opportunity to dispose) ie, the control test Pv Dino ~ applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). Otherwise, Pv. Espiritu ~full possession is enough Servant using car without permission deemed qualified theft though use was temporary Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner, therefore must exclude “Joyride” Theft: if after custody (only material possession) of object was given to the accused, itis actually taken by him (no intent to return) e¢ felonious conversion. But itis estafaif juridical possession is transferred e€, by contract of bailment Includes electricity and gas ‘a inspector misreads meter to earn b. oneusing a jumper Selling share of co-partner is not theft Salary must be delivered first to employee; prior to this, taking of Php is theft If offender claims property as his own (in good faith) ~ not theft (though later found to be untrue If in bbad faith - thert) Gain isnot just Php ~ satisfaction, use, pleasure desired, any benefit (e ¢ joyride) Actual gain isnot necessary (intent to gain necessary) Alege lack of consent in info isimportant * art 308, par. no3 Fish not in fishpond, otherwise, qualified 167© Offender hunts of fishes upon the same or gathers fmits, cereals or other forest or fam products, and The hunting or fishing o gathering of products is without the consent of the oumer Qualified theft a Committed by domestic sesvant, or b, With grave abuse of confidence, ot ¢. Propesty stolen is 1. motor vehicle 2. mail matter large cattle 4. coconut from plantation 5. fish from fishpond or fishery, or d On occasion of calamities and civil disturbance Theft of property of the national library and national museum’? Art 310 “grave abuse” ~ high degree of confidence, eg guests no confidence, not qualified theft theft ~ material possession estafa— juridical possession qualified: if done by one who has access to place where stolen property iskept eg, guards, tellers novation theory applies only ifthere’s arelation industrial partner is nat lable for QT (estafa) ‘when accused considered the deed of sale as sham (modus) and he had intent to gain, his absconding isat motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU in kabit system but under K of lease-estafa mail matter ~ private mail to be QT, Not postmaster ~ Art 226 ° art 311 168Occupation of real property or usurpation of real rights in property’ a. Offender takes possession of any seal property or ‘usurps any real rights in propesty. b. The seal property or real sights belong to ancther ¢. Violence against os intimidation of pessons is used by the offender in occupying seal property or ‘usurpation real rights in propesty. These is intent to gain Altering boundaries or|a These be boundary masks or monuments of landmarks” toums, provinces, or estates, or any other masks intended to designate the boundasies of the same b, Offender altess said boundary mass Fraudulent insolvency” a. Offender is a debtos™ b, He absconck with his property ¢. These be prejudice to his creditoss Estafa in general” a The accused defrauded another 1. by abuse of confidence, or ormeans of deceit and 2. Damage or prejudice capable of pecuniary estimation is caused to the offended pasty or thisd person. Estafa with unfaithfulness*™ a. Offender has an onerous obligation to deliver something of value b, He altess its substance, quantity, or quality. 5 art 312 58 art 313 ° art 314 - culpable insolvency = that is, his obligations was due and payable = art 315 at 315, Sub1, Par. (A) 169¢ Damage or prejudice is caused to another Estafa with abuse of confidence | 2 Money, goods, or other pessonal property be seceived by the offender in taist, or on commission, or for administration, or under any other obligation, involving the duty to make delivery of or to retum, the same b. These be misappropsiation or conversion of such money or property by the offender, or dental on his past ofsuch receipt * art315, Sub, Par. (B) 3 ways of committing: 1 By misappropriating the thing received 2. By converting the thing received 3. By denying that the thing was received Unfaithful or Abuse of Confidence a by altering the substance b. existing obligation to deliver ~ even ifitis not a subject of lawful commerce thing delivered has not been fully or partially paid for ~ not estafa no agreement asto quality - No estafaif delivery is unsatisfactory ‘By misappropriating and converting ‘a. thing is received by offender under transactions transferring juridical possession, not ownership, b. under P.D. 115 (Trust Receipts Law) ~ failure to turn over to the bank the proceeds of the sale of, the goods covered by TR Estafa same thing received must be returned otherwise estafa; sale on credit by agency when it was to bbe sold for cash - estafa dd. Estafa— not affected by Novation of Contract because itis a public offense Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors { Misappropriating- to take something for one’s own benefit Converting — act of using or disposing of another's property asf it was one’s own; thing has been devoted for a purpose or use different from that agreed upon hh. There must be prejudice to another — not necessary that offender should obtain gain i Partners ~ No estafa of money or property received for the partnership when the business is ‘commercial and profits accrued_But if property is received for specific purpose and is misappropriated — cestafal j. Failure to account after the demand is circumstantial evidence of misappropriation k Demand is not a condition precedent to existence of estafa when misappropriation may be ‘established by other proof In theft, upon delivery of the thing to the offender, the owner expects an immediate return of the tng to him - otherwise, Estafa 'm. Servant, domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft When in the prosecution for malversation the public officer is acquitted, the private individual allegedly in conspiracy with him may be held liable for estafa 170¢. Such misappropsiation or conversion or dental is to the prejudice of another and dl There is a demand made by the offended pasty to the offender Estafa by taking undue advantage of the signature in blank* a The paper with the signature of the offended pasty be in blank b. The offended pasty should have delivered it to offender ¢ Above the signature of the offended patty a document is watten by the offender without authority to do so ¢ The document so wnitten creates a liability of, or causes damage to, the offended pasty or any third peson Estafa by means of deceit a There must be a false pretense, fraudulent means must be made or executed prior to or b. Such false pretense, fraudulent act or fraudulent means must be made or executed pior to ot simultaneously with the commission of the fraud ¢. The offended pasty must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to past with his money or propesty because of the false pretense, fraudulent act, of fraudulent means dl As a cesult thereof, the offended pasty suffered damage = art 315 = False pretenses or fraudulent acts ~ executed prior to or simultaneously with delivery of the thing by the complainant There must be evidence that the pretense of the accused that he possesses power/influence is false a7Estafa by postdating a check or issuing a check in payment of an obligation” a. Offender postdated a check, or issued a check in payment of an obligation. b, Such postdatig or issuing a check was done when the offender had no funds in the bank or his fands deposited therein were not sufficient to cover the amount of the check Offense defined in the first par. of Sec. 1 of BP. 22" a Apeson makes or deaus and issues any check. b. The check is made or drawm and issued to apply on account or for value ¢. The pesson who makes or draws and issues the check lmows at the time of issue that he does not have sufficient fonds in or credit with the deawee bank for the payment of such check in full upon its presentment dl The check is subsequently dishonored by the ckawee bank for insufficiency of funds of credit, or would have been dishonored for the same reason had not the diawes, without any valid reason, ordered the bank to stop payment Elements of the offense defined in the 2"" par. of Sec. 1 of B.P. 22 a. A pesson has enfficient funds in or csedit with the deawee bank when he makes or draws and issues a check. b, He fails to keep sufficient fands or to maintain a credit to cover the full amount of the check if presented within a petiod of 90 days from the date appeating thereon. * Good faith isa defense: (P. vs. Villopando, 56 Phil 31) Dishonor from lack of funds is prima facie evidence of deceit or failure to make good within three days ater notice of, No funds in the bank or his funds are not sufficient If check was issued in payment of pre-existing debt — no estafa Offender must be able to obtain something from the offended party by means of the check he issues and delivers If postdating a check issued as mere guarantee/promissory note — no estafa = Failure to make good within 5 banking days prima facie evidence of knowledge of tack and insufficiency of funds 172c. The check is dishonored by the deawee bank By obtaining food or credit at hotels, inns, restaurants etc. Estafa by inducing another to sign any documents" a. Offender induced the offended party to sign a document b. Deceit be employed to make him sign the document c The offended pasty pesonally signed the document d Paejudlce be caused. Estafa by removing, concealing or destroying documents” a These be coust secorcs, office files, documents or any other papers b, Offender removed, concealed or destroyed any of them. c. Offender had intent to defsaud another Damage or prejudice capable of pecuniary estimation” a. The offended party being depsived of his money ox property, as a result of the defraudation. b, Distusbance in property sight, or ¢. Temposasy prejudice * tf offended party willingly signed the document and there was deceit as to the character or contents of, the document ~ falsification; but where the accused made representation to mislead the complainants as to the character of the documents estafa Estafa: Private individual was entrusted Intent to defraud Infidelity in the custody of documents: Public officer entrusted No intent to defraud ° No intent to defraud - destroying or removal = malicious mischief * second element of any form of estafa 173Swindling by conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same" a. The thing be immovable, such as a parcel of land ora building b, Offender who is not the oumer of said propesty represented that he is the oumer thereof ¢. Offender should have owneship™ executed an act of dl The act be made to the prejudice of the ovmer or a third pesson. Swindling by disposing of real property as free. from encumbrance, although such encumbrance be not recorded’ a. The thing disposed of be seal propesty. b. Offender knew that the seal propesty wns encumbered, whether the encumbrance is recorded ornot ¢. These must be express sepresentation by the offender that the seal property is free from encumbrance dl The act of disposing of the seal property be made tothe damage of ancther Swindling by wrongfully taking by the owner his personal from its lawful possessor a. Offender is the oumer of pessonal property b. Said pessonal propesty is in the lawful possession of another ¢ Offender wrongfully takes it from its lawful possessor. dl Prejudice is thereby caused to the possessor or third peson. Swindling™ mortgagin: by selling, or encumbering real a. Offender is a surety in a bond given in a cximinal or civil action. * art 316, part = selling, leasing, encumbering or mortgaging the real property par 2 par 3 * par 6 17Property or properties with which the offender guaranteed the fulfillment of his obligation as surety! . He guaranteed the filbllment of such obligation ‘ath his real propesty or propesties ¢. He sells, mortgages, os, in any other manner encumbess said real property Such sale, mortage or encumbrance is 1. without expsess authosity from the coust, or 2. made before the cancellation of his bond, or 3. before being wlieved from the obligation contracted by him. ‘Swindling a minor" a Offender takes advantage of the inexpesience or emotions of feelings of a minor. b. He induces such minor 1. to assume an obligation, of 2. to give selease, or 3. to execute a transfer of any propesty sight ¢. The consideration is 1. some loan of money 2 credit, or 3. other personal propesty. dl The transaction is to the detsiment of euch minor. Other deceits”” a Not mentioned above; b, Interpretation of dkeams, forecast, future-telling for profit or gain. * art 316 * art 317 * art 318 15Selling or pledging personal property already pledged’ a Pesonal property is alseacy pledged under the teams of the chattel mortgage law. b. Offendes, who is the mostgagee of such propesty, sells or pledges the same or any patt thereof ¢. There is no consent of the mortgagee wnitten on the back of the mortgage and noted on the secord thereof in the office of the register of deeds. Knowingly removing mortgaged personal property’ Pessonal propesty is mostgaged under the chattel mortage law, Offender knous that such property is so mostaged He semoves such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mostgage ‘The semoval is peemanent. ‘There is no wiitten consent of the mortgagee or his executors, administration or assigns to such removal. Arson and other crimes involving destructions” ‘Arsons of property of small values’? a An uninhabited hut, storehouse, bam, shed or any other propesty is bumed b. The value of the propesty bumed does not exceed 25 pesos ¢ The buming was done at a time or under ciscumstances which cleady exclude all danger of the fire spreading * art 319 * bid = P.D, 1613 expressly repealed or amended Arts320-326, but P.D. 1744 revived Art 320 > art 323 176Crimes involving destruction" a. Offender causes destnuction of the propesty b. The destmction was done by means of 1. explosion 2. dischasge of electric current inundation 4. sinking or stranding of a vessel 5. damaging the engine of the vessel 6. taking up sails from the sailway track 7. destroying telegraph wites and posts or those of any other system 8. other similar effective means of destmuction, Buming one’s property asa means to commit arson’ a. Offender set fire to or destroyed his own property b. The puspose of the offender in doing so was to commit arson or to cause a great destmiction c. The propesty belonging to another was bumed or destroyed Arson a. The property bumed is the exclusive property of the offender b. The purpose of the offender in buming it is 1. to defcaud or cause damage to another or 2. pasjudice is actually caused, or 3. the thing bumed is a building in an inhabited place. art 325 art 325 a7Malicious mischief Offender deliberately caused damage to the property of another Such act does not constitute arson or other crimes involving desteuction. ‘The act damaging anothers propesty be committed metely forthe sake of damaging it. Special cases of malicious mis chief” Obstmct performance of public functions. Using poisonous or corrosive substances. Spreading infection or contagious among cattle Damage to propesty of national museum or library, archive, registry, waterworks, road promenade, or any other thing ised in common by the public Other mischief Not included in Ast. 328°% 4. scattesing human excrement b killing of cow as an act of revenge ‘Damage and obstivation to means of communication™ a Done by damaging sailunys, telegraph, telephone lines, electric wites, traction cables, signal system of railways * art 326 Malicious mischief ~ willful damaging of another's property for the sake of causing damage due to hhate, revenge or other evil motive No negligence Example Killing the cow as revenge Ino malice only civil lability Damage is also diminution in value But after damaging the thing, he used it = theft Damage is not incident of a crime (breaking windows in robbery) * art 328 Qualified malicious mischief ~ no uprising or sedition (#1) * art 329 * supra * art 330 178B Removing sails from tracks is desteuction™ ¢. Not applicable when telegraph /phone lines don't pestain to tailways™* dl People killed as a result 1. murder —if desailment is means of intent to kill none — Art 48, ¢. Circumstance qualifying the offense if the damage shall result in any derailment of cass, collision or other accident — a higher penalty shall be imposed ‘Destroying or damaging statues, public monuments or paintings ‘Exemption from csiminal liability in crimes against propesty** 1. Spouse, ascendants and descendants or relatives by affinity in the same line 2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another 3. Brothess and sistess and brothess-in-law and sisters-in-law, ifliving together Offenses involved in the exemption 1 Theft 2. Swindling 3. Malicious mischief art 324 = example: for transmission of electric power/light ° art 331 > art 332 ‘Exemption is based on family relations Parties to the crime not related to the offended party still remains criminally liable Persons exempt include: a stepfather/mother (ascendants by affinity) ‘adopted children (descendants) concubine/paramour (spouse) common law spouse (property is part of their earnings) aos 179a Anti-Fencing Law* and its Implementing Rules and Regulations i) Fencing a) Definition ‘The act of any person who, vith intent to gain for himself or for another, shall buy, seceive, possess, keep, acquise, conceal, sell or dispose of, or shall buy andsell, or in any other manner deal in any asticle, item, object or anything of value which he known, or should be knoum to him, to have been desived from the proceeds of the csime of sobbesy or thea ) Presumption of fencing ‘Meze possession of any good, atticle, item, object, or anything of value which has been the subject of robbery or thievery shall be psima facie evidence of fencing *” ii) Exception 8) With clearance or permit to sell All stores, establishments or entities dealing in the buy and sell of any good, asticle item, object of anything of value obtained from an unlicensed dealer or supplier thereof, shall, before offering the same forsale to the public, secuse the necessary clearance or pesmit from the station commander of the Integrated National Police in the towm or city where such store, establishment or entity is located Any person who fails to secuse the clearance or pesmit required by this section or who violates any of the provisions of the mules and regulations promulgated thereunder shall upon conviction be punished as a fence ** PD No, 1612, sec 2, sec 5, sec 6, 180. Bouncing Checks Law plus Administrative Circular No. 12-2000 Re Penalty for Violation of B.P. 22 and Administrative Circular No. 13- 2001 Re: Clarification of Admin Circular No. 12-2000" 4) Punishable acts Any pesson who makes or draws and issues any check to apply on account or for value, Inowing at the time of issue that he does not have sufficient funds in or credit with the drzwee bank for the payment of such check in fall upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of finds ot credit or would have been dishonored for the same season had not the drawer, without any valid reason, ordered the bank to stop payment Any peson who, having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient finds or to maintain a credit to cover the full amount of the check if presented within a pesiod of ninety (90) days from the date appeasing thereon, for which season itis dishonored by the drawee bank ‘Where the check is deaum by a corposation, company ot entity, the peson or pessons who actually signed the check in behalf of such drawer shall be liable ™* ii) Evidence of knowledge of insufficient funds The making, drawing and issuance of a check payment of which is refused by the dhawee because of insufficient finds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee iii) Preference of imposition of fine ‘Where the citcumstances of both the offense and the offender cleadly indicate good faith or a cleat mistake of fact without taint of negligence, the imposition of a fine alone should be considered as the more appropsiate penalty. The detesmination of whether the ciscumstances warrant the imposition of a fine alone rests solely upon the Judge. ™* BP. Bg. 22 * see Reference * ibid sec 1. * sec 2, ** Administrative Circular No, 13-2001, February 14, 2001. See Reference ial©. Anti-Camapping Act of 1972 4) Definition of terms Casmapping, ‘The taking, with intent to gain, of a motor vehicle belonging to another without the latters consent, or by means of violence against ox intimidation of pessons, or by using force upon things ‘Motor vehicle Any vehicle propelled by any power other than muscular power using the public highways, but excepting road solless, trolley cass, street-sweepess, sprinkles, laum mowes, bulldozers, grades, forklifts, amphibian trucks, and ceanes if not used on public highways, vehicles, which mn only on milk or tracks, and tractor, trailes and traction engines of all kinds used exclusively for agsicultural pusposes. Trailess having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating Defacing or tampesing with a sesial number ‘The erasing, scratching, altering or changing of the otiginal factory-inscribed sesial number on the motor vehicle engine, engine block or chassis of any motor vehicle Whenever any motor vehicle is found to have a setial number on its motor engine, engine block or chassis which is different from that which is listed in the records of the Busemm of Customs for motor vehicles imported into the Philippines, that motor vehicle shall be considered to have a defaced ortampered vith sesial number Repainting Changing the color of a motor vehicle by means of painting There is repainting RA 6539 182“whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission Body-building A job undestaken on a motor vehicle in order to replace its entice body with a new body. Remodeling ‘The introduction of some changes in the shape or form of the body of the motor vehicle Dismantling ‘The teasing apast, piece by piece or past by pait, of amotor vehicle Oveshauling The cleaning or sepaiting of the whole engine of a motor vehicle by sepasating the motor engine and its pasts from the body of the motot vehicle ii) Registration Within one year after the approval of this Act, every owmer or possessor of unregistered motor vehicle or pasts thereof in knock down condition shall register with the Land Transportation Commission the motor vehicle engine, engine block and chassis in his, name of in the name of the seal oumer who shall be seadily available to answer any claim over the registered motor vehicle engine, engine block or chassis. Thereafter, all motor vehicle engines, engine blocks and chassis not registered with the Land Transpostation Commission shall be considered as untaxed impostation or coming from an illegal sousce or camapped, and shall be confiscated in favor of the Govemment. All oomess of motor vehicles in all cities and municipalities are requited to register theis cass with the local police without paying any charges.” * sec 2, sec 3, 183iii) Who are liable 8) Duty of collector of customs ‘The Collector of Customs of a principal pout of entsy where an imported motor vehicle, motor vehicle engine, engine block chassis or body is unloaded, shall, within seven days after the atsival of the impoxted motor vehicle or any of its pasts enumerated herein, make a sepott of the shipment to the Land Transpostation Commission, specifying the make, type and serial numbers, if any, of the motor vehicle engine, engine block and chassis or body, and stating the names and addresses of the oumer or consignee theseof If the motor vehicle engine, engine block, chassis or body does not bear any serial number, the Collector of Customs concemed shall hold the motor vehicle engine, engine block, chassis, or body until it is numbered by the Land Transpostation Commission. ) Duty ofimporters, distributors and sellers Any pesson engaged in the importation, cistuibution, and buying and selling of motor vehicles, motor vehicle engines, engine blocks, chassis or body, shall keep a pesmanent secord of his stocks, stating therein their type, make and sesial numbers, and the names and addsesses of the persons from whom they were acquised and the names and addresses of the pessons to whom they were sold and shall sender an accurate monthly report of his, transactions in motor vehicles to the Land Transportation Commission ©) Clearance and permit Any pesson who shall undestake to assemble or sebuild or cause the assembly or sebuilding of a motor vehicle shall fist secuse a ceutificate of clearance from the Philippine Constabulasy: Provided, That no such pesmit shall be issued unless the applicant shall present a statement under oath containing the type, make and sesial numbess of the engine, chassis and body, if any, and the complete list of the spare pasts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sousces thereof In the case of motor vehicle engines to be mounted on motor boats, motor bancas and other light water vessels, the applicant shall secure a pesmit from the Fhilippine Coast Guard, which office shall in tum fumish the Land Transportation Commission the pestinent data conceming the motor vehicle engines including theis type, make and sesial numbers.” iv) Punishable acts It shall be unlawful for any pesson to deface or otherwise tamper with the oxiginal or registered serial number of motor vehicle engines, engine blocks and chassis °™ * sec 7, sec 8, Sec 10. Sec 12. 14d Human Security Act of 2007" 4) Punishable acts of terrorism” ¢ Anti-Arson Law 4) Punishable acts I. Asson™ - any pesson who bums ot sets fire to the property of another or to his oom propesty under ciscumstances which expose to danger the life ox propesty of ancther IL. Destmuctive Asson - if the propesty bumedis any of the following 1. Any ammunition factory and other establishment where explosives, inflammable or combustible matesials are stored. 2. Any aschive, museum, whether public or private, or any edifice devoted to cultuse, education or social sesvices. 3. Any church or place of wosship or other building where people usually assemble 4. Any train, aisplane or any aisceaft, vessel or watercraft, or conveyance for transportation of pessons or property 5. Any building where evidence is kept for use in any legislative, judicial, administrative ox other official proceedings 6. Any hospital, hotel, dommitory, lodging house, housing tenement, shopping. centes, public or private market, theater or movie house or any similar place or building 1 Ay building whether used as a dwelling or not, situated in a populated or congested area TIL. Conspitacy to commit Asson'” * Ra 9372 supra *p.01613 sec 1 sec 2 "sec7 18511. Crimes Against Chastity Cames Blements Adultery™ a. The woman is marie” b. She has sexual intescousse with aman not her husband ¢ As segarch the man with whom she has sexual intercousses, he must knowher to be massed Concubinage™ a. The man must be martied b. He committed any of the following acts 1. Keeping a mistsess in the conjugal dwelling 2. Having sexual intercouse under scandalous ciscumstances with a woman who is not his wife 3. Cohabiting with her in any other place c. As segarcs the woman, she must lnowhim to be masied. Acts of lasciviousness*™ a. Offender commits any act of lasciviousness or lewdness b. Done under any of the following ciscumstances: 1. by using force orintimidation, of 2. when the offended party is deprived of reason or otherwise unconscious, or 3. when the offended pasty is under 12 yeass of a art 333 Mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance) Attempted: caught disrobing a lover * even if marriage subsequently declared void * art 334 “Scandal” consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of honest persons and gives occasions to the neighbor's spiritual damage and * art 336 186¢. Offended party is another pesson of cither sex Qualified seduction 1. Seduction of a visgin over 12 and under 18 yeass of age by cestain pesons, such as a peson in authotity, priest, teachess ete and 2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation a. Offended pasty is a virgin, which is unmassied and of good reputation presumed if she b, He must be over 12 and under 18 years of age Offender has sexual intercourse with her ¢. These is abuse of authority, confidence or selationship on the past of the offender™ Simple seduction" a. Offended pasty is over 12 and under 18 yeass of age b, She must be of good reputation, single or widow, ¢. Offender has sexual intescousse with her d Itis committed by means of deceit. Acts of lasciviousness with the consent of the offended party a. Offender commits acts of lasciviousness or lewdness. b, The acts are committed upon a woman who is virgin or * art 337 Persons liable: |L_ Those who abuse their authority: {persons in public authority b. guardian © teacher person who, in any capacity, is entrusted with the education or custody of the woman seduced 2. Those who abused the confidence reposed in them: a priest house servant © domestic 3. Those who abused their relationship: a brother who seduced his sister ascendant who seduced his descendant * incestuous seduction person entrusted with education or custody of victim; person in public authority, priest; servant art 338 Common form is unconditional promise to marry * art 339 187single or wadow of good reputation, under 18 yeas of age but over 12 yeass, or a sister or descendant regardless of her reputation or age ¢ Offender accomplishes the acts by abuse of authosity, confidence, relationship, or deceit Corruption of minors" Promoting or facilitating the prostitution or corruption of pesos underage to satisfy the lust of another White slave trade™ a Engaging in the business of prostitution b. Profiting by prostitution ¢. Enlisting the servicxe of women for the puspose of prostitution. Forcible abduction” a The pesson abducted is any woman, regardless of her age, civil status, of reputation b. The abduction is against her will ¢. The abduction is with lewd designs. Consented abduction a. Offended pasty must be a visgin. b, She must be over 12 and under 18 yeass of age ¢. The taking away of the offended patty must be with her consent, after solicitation or cajolety from the offender ‘The taking away of the offended pasty must be with lewd designs art 340 art 341 art 342 ‘Sexual intercourse is not necessary Grimes against chastity where age and reputation of victim are immaterial rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction > art 343 188Adultery, concubinage, seduction, abduction rape and acts of lasciviousness™! 1. Prosecution of Adultery and concubinage must be prosecuted upon complaint filed by the offended spouse 2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint filed by a offended pasty b. herparents ©. grandparents guardians in the order in which they ase named above Civil lability of persons guilty of rape, sechiction or abduction 1. To idemnify the offended women 2. To acknowledge the offspting unless the law should prevent him from doing so 3. In every case to support the offspring Liability of ascendants, other persons entmusted with custody of offended pasty who by abuse of authosity or confidence shall coopesate as accomplies*™* a 348 Marriage ofthe offender withthe offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-afterthe-fact But ‘marriages must be n good faith This rule does nat apply in case of multiple rape = Not included (see Art 266-C, 2™ par) > a 345 > art 346, see Reference 189a Anti-Photo and Video Voyeurism Act of 209° 4) Punishable acts (@) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to captuse an image of the psivate atea of a pesson/s such as the naked or undergaiment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under ciscumstances in which the pesson/s hhas/have a seasonable expectation of puvacy, (©) To copy or reproduce, of to cause to be copied or reproduced such photo or video or recording of sexual act or any similar activity with or without consideration, (©) To sell or distuibute, or cause to be sold or distuibuted, such photo or video ot recording of sexual act, whetherit be the original copy or reproduction theseof, or (@ To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, ot show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, intemnet, cellular phones and other similar means or device ‘The prohibition under paragsaphs (b), (¢) and (A) shall apply notwithstanding that consent to secord or take photo or video coverage of the same was given by such person/s Any pesson who violates this provision shall be liable for photo or video voyeutism as defined herein. b. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act" 4) Child prostitution and other acts of abuse @) Punishable acts (@ Those who engage in or promote, facilitate or inchce child prostitution which include, but are not limited to, the following: (U) Acting as a procuter of a child prostitute; (2 Inducing a pesson to be a client of a child prostitute by means of waitten or oral advertisements or other similar means, (@) Taking advantage of influence or selationship to procure a child as prostitute, RA 9995 * RA. 7610, as amended 190@) Threatening or using violence towards a child to engage him as a prostitute; os (8) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intescousse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse,” and (©) Those who desive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bay, resort, place of entestainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been iseued to said establishment ) Compare prosecution for Acts of Li civiousness under Ast, 366, RPC and RA 7610, as amended Uader REC Under RA. 7610 ‘Acts of lasciviousness must be prosecuted upon complaint fled by 1 offended party, 2 herparents, 3. grandparents, 4. guardians” Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following 1. Offended pasty, 2. Parents or guardians; 3. Ascendant or collateral selative within the thied degree of consanguinity, 4. Offices, social worker or representative of alicensed child-casing institution, 5. Officer of social wosker of the Department of Social Welfare and Development, 6. Barangay chaisman; or 7. At least three (3) concemed responsible citizens where the violation occurred? =” When the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape fr lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. * sec 5, * in the order in which they are namedii) Obscene Publications and indecent shows @) Punishable acts Any pesson who shall hite, employ, use, pessuade, induce or coesce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pomographic matesials or to sell or distribute the said matesials shall suffer the penalty of prision mayor in its medium pesiod If the child used as a petfoumes, subject or selles/distributor is below twelve (12) ‘years of age, the penalty shall be imposed in its maximum pesiod Any ascendant, guardian, or person entmusted in any capacity with the cate of a child ‘who shall cause and/or allow such child to be employed or to pasticipate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium pesiod cc. Anti-Trafficking in Pessons Act of 2003 4) Punishable acts It shall be unlawful for any person, natusal or jusidical, to commit any of the following acts (® To recmit, transport, transfer, harbor, provide, or receive a pesson by any means, including those done under the pretext of domestic or overseas employment os training or apprenticeship, for the purpose of prostitution, pomography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage, (©) To introduce or match for money, profit, or matesial, economic or other consideration, any person os, as provided for under Republic Act No, 6955, any Filipino woman to a foreign national, for massiage for the puspose of acquising, buying, offesing, selling or trading him /her to engage in prostitution, pomography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage, (©) To offer or contract massiage, real of simulated, for the puspose of acquiring, buying, offesing, selling, or trading them to engage in prostitution, pomography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage, (@ To undertake or organize touss and travel plans consisting of tousism packages of activities for the purpose of utilizing and offering persons for prostitution, pomography or sexual exploitation, (©) To maintain or hise a pesson to engage in prostitution or pomography, Sec 27 Sec 9 *= RA 9208, 192(® To adopt or facilitate the adoption of persons for the puspose of prostitution, pomography, sexual exploitation, forced labos, slavery, involuntary servitude or debt bondage; @ To recmuit, hise, adopt, transpost or abduct a pesson, by means of threat or use of fosce, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of ongans of said pesson, and @ To secant, transport or adopt a child to engage in aumed activities in the ‘Philippines or abroad“ The following acts which promote or facilitate trafficking in pessons, shall be unlawful (8) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the puspose of promoting trafficking in persons, (©) To produce, print and issue or distribute unissued, tampered or fake counseling cestificates, registration stickers and cestificates of any govemment agency which issues these cestificates and stickers: as proof of compliance wath govemment regulatory and pre- depastuse requirements for the purpose of promoting trafficking in persons, (©) To advertise, publish, print, broadcast or distsibute, or cause the advestisement, publication, printing, broadcasting or distubution by any means, including the use of snfoumation technology and the intemet, of any brochure, yes, or any propaganda matesial that promotes trafficking in persons, (@) To assist in the conduct of mistepsesentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from govemment agencies that axe mandated to provide pre-depasture registration and services for depasting pessons for the purpose of promoting trafficking in pessons; (©) To facilitate, assist orhelp in the exit and entyy of persons from/to the countay at intemational and local aisports, texutosial boundasies and seaports who ate in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons, (® To confiscate, conceal, or destroy the passpott, travel documents, or pessonal documents or belongings of trafficked pessons in fistherance of trafficking or to prevent them from leaving the country or seeking redress from the govemment or appropiate agencies, and @ To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntasy servitude, forced labos, of slavery“ © Acts of Trafficking in Persons (Sec 4) acts that Promote Trafficking in Persons (Sec 5) 193‘The following ase considered as qualified trafficking (8) When the trafficked pesson is a child, (©) When the adoption is effected through Republic Act No. 8043, othervise known as the "InterCountry Adoption Act of 1995” and said adoption is for the puspose of ptostitution, pomography, sexual exploitation, fosced labor, slavery, involuntary servitude or debt bondage, (©) When the ctime is committed by a syndicate, orin large scale” (@ When the offender is an ascendant, parent, sibling guardian or a person who exercises authosity over the trafficked person or when the offense is committed by a public officer or employee; (©) When the trafficked pesson is secmuited to engage in prostitution with any member of the militay or law enforcement agencies; ( When the offenderis amember of the military orlaw enforcement agencies; and. (@ When by season or on occasion of the act of trafficking in persons, the offended pasty cles, becomes insane, suffers mutilation or is aficted with Human Immunodeficiency ‘Visus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons ‘conspiring or confederating with one another. It is deemed committed in large scale if committed against three @3) or more persons, individually or as agroup; qualified Trafficking in Persons (Sec 6) 198d, Anti-Violence against Women and their Children Act of 2004” 3) Punishable acts (@) Causing physical harm to the woman or her child, (©) Threatening to cause the woman orher child physical hasm, (©) Attempting to cause the woman or her child physical ham, (@ Placing the woman orher childin feat of imminent physical ham, (©) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the sight to desist from ox desist from conduct which the woman or her child has the sight to engage in, or attempting to sestsict or estricting the woman's orher childs freedom of movement or conduct by force or threat of foxce, physical or other harm or threat of physical or other harm, or intimidation disected against the woman or child ‘This shall include, but not limited to, the following acts committed with the puspose or effect of controlling or restricting the woman's or her child's movement or conduct (W) Threatening to depsive or actually depriving the woman or her child of custody to her/his family, (2 Depriving or threatening to depsive the woman or her children of financial suppott legally due her or her family, or deliberately providing the woman's children insufficient financial suppost, os () Depsiving or threatening to depsive the woman or her child of a legal sight, @ Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, orsclely controlling the conjugal or common money, or properties; (® Inflicting or threatening to inflict physical ham on oneself for the purpose of controlling her actions or decisions, (@ Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute tape, by force or threat of force, physical hatm, or through, intimidation directed against the woman or her child orher/his immediste family, * RA 9262 195(b) Engaging in pusposefiil, knowing, or seckless conduct, pessonally or through another, that alasms or causes substantial emotional or psychological distress to the woman orher child This shall include, but not be limited to, the following acts (Stalking or following the woman or her child in public or private places, (2 Peesing in the window or lingesing outside the residence of the woman or her child, ) Entesing of remaining in the dwelling or on the property of the woman or her child against hes/his wall, @) Destroying the property and pessonal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of haxassment ot viclence, @ Causing mental or emotional anguish, public ridicule or humiliation to the woman orher child, including, but nct limited to, sepeated verbal and emotional abuse, and denial of financial suppost or custody of minor childsen of access to the woman's child/children ** ¢ Anti-Sexual Harassment Act of 1995 4) Punishable acts ‘Work, education or training-related sexual harassment is committed by an employee, manages, supervisos, agent of the employes, teaches, instructor, professos, coach, trainos, of any other pesson who, having authosity, influence or moral ascendancy over another in a ‘work or training or ecucation envionment, demands, requests or otheruise sequites any sexual favor from the othes, regardless of whether the demand, request or requirement for submission is accepted by the object of said act (@ Ina wodeuelated or employment environment, sexual harassment is committed when (0) The sexual favor is made as a condition in the hising or in the employment, re-employment or continued employment of said individnal, of in ‘granting said individual favorable compensation, tesms, conditions, promotions, of ptivileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, depive or diminish employment opportunities or otheruase adversely affect said employee, (2) The above acts would impair the employee's sights or privileges under existing labor laws; or 5 Sec 5 Ra 787 196@) The above acts would result in an intimidating, hostile, or offensive environment for the employee (©) In an education or training environment, sexual harassment is committed (1) Against one who is under the care, custody or supervision of the gain PS offender, (2 Against one whose education, training, apprenticeship or tutoship is entmsted to the offendes, @) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honos and scholasships, or the payment of a stipend allowance or other benefits, privileges, or considesations, ot @) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any peson who disects or induces another to commit any act of sexual harassment as hesein defined, or who cooperates in the commission theseof by another without which it would not have been committed, shall also be held liable # Sec 3 19712. Crimes Against Civil Status Cames Elements Simulation of births, substitution | a Child is baptized or registered in the Registay of of one child for another, and | birth as hess concealment or abandonment of a legitimate child" b. Child loses its seal status and acquiites a new one ¢. Actor's puspose was to cause the loss of any trace as tothe child's tme fiiation “* Usurpation of civil status‘ a Committed by a pesson who represents himself as another and assumes the filiation or sights pestaining to such pesson b, There must be criminal intent to enjoy the civil sights of another by the offender knowing he is not entitled thereto. ¢ Committed by asuming the fillation, or the parental or conjugal rights of another. al Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended pasty or his heiss Bigamy™ a Offender has been legally massied Sart 347 ‘Acts Punished: 1L. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites: 1 The child must be legitimate 2. The offender conceals or abandons such child 3. The offender has the intent to cause the child to lose its civil status 5 Elements of Simulation of Birth 5 art 348, art 349 The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party {A simulated marriage is not marriage at all and can be used as a defense for bigamy 198b. The massiage has not been legally dissolved os, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the civil code ¢. He contracts a second or subsequent massiage dl The second or subsequent massage has all the essential requisites for validity Marriage contracted against provisions of laws'® a. Offender contracted massiage b, He knew at the time that 1. the requirement of the law were not complied wath, of 2. the mastiage was in dissegard of a legal impediment. Premature marriage’ a A widow who within 301 days from death of husband, got massied or before her delivery, if she ‘uns pregnant at the time ofhis death b. A woman whose matsiage having been dissolved or annulled, marsied before her delivery or within 301 days after the legal separation. Performance of illegal marriage ceremony’ a Performance of any illegal massiage ceremony by a piiest or minister of any seligious denomination or sect or by civil authosities There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage Failure to exercise due diligence to ascertain the whereabouts of the 1” wife is bigamy through reckless imprudence ‘A judicial deciaration of the nullity of a marriage void ab initio is now required One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice ° art 350 Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the ‘other by means of violence, intimidation or fraud. are 351 * art 352 19913. Crimes Against Honor Cames Elements Libel a. Thete must be an imputation of a ctime, of of a * art 353 Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, ‘commission, condition, status or citcumstances tending to cause the dishonor, discredit or contempt of a ‘natural or juridical person, or to blacken the memory of one who is dead Kinds of malice: (a) malice in law; (b) malice in fact Malice is presumed to exist in injurious publications Publication is the communication of the defamatory matter to some third person/s Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that the description of the person referred to in the defamatory publication ‘was sufficiently clear so that at least a3” person would have identified the plaintiff There are as many crimes as there are persons defamed To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3” persons. Criterion to determine whether statements are defamatory 11) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hole the person up to public ridicule 2 construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer Requirement of publicity (Art 354) Kinds of privileged communication: a Absolutely privileged ~ not actionable even ifthe actor has acted in bad faith 'b Qualifiedty privileged ~ those which although containing defamatory imputations could not be actionable unless made with malice or bad faith General Rule: Every defamatory imputation is presumed malicious even if it be true, if no good intention and. justifiable motive for making itis shown, Exception: a Private communication in performance of legal, moral or social duty b. Fair and true report, made in good faith, without any comments and remarks Persons responsible for Libel (Art. 360) aA person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means. b. Author oF editor of a book or pamphlet Editor of business manager of a daily newspaper magazine or serial publication Owner of the printing plant which publishes a libelous article with his consent and all other ppersons who in any way participate in or have connection with its publication (US v Ortiz) Venue of criminal and civil action for damages in cases of written defamation ‘a where the libelous atticleis printed and 1st published or 'b where any ofthe offended parties actually resides at the time of the commission of the offense Where one of the offended parties is a public officer: a ifhis office isin the City of Manila = RIC of Manila or + cty/province where the article is printed and 1st published bb Otherwise = RIC of the city/province where he held office at the time of offense or 200vice or defect, teal or imaginary, of any act, omission, condition, status, or circumstances b. The imputation must be made publicly. ¢. It must be malicious dl The imputation must be directed at a natural or jusidical person, or one who is dead ¢. The imputation must tend to cause the dishonos, discredit or contempt of the person defamed Libel by means of writing or | Enumerates the means by which libel may be similar means" committed wniting, printing, lithography, engraving, sadio phonograph, painting, theatsical or cinematographic exhibitions or any similar means ‘Threatening to publish libel and | Cleatly, just a case of blackmail offer to prevent such publication for a compensation’? Prohibited publication of acts | a. Offender is a reporter, editor or manager of a referred to in the course of official | newspaper, daily or magazine. proceedings" b. He publishes facts connected with the private life of another ¢. Such facts ate offensive to the honos, vistue and seputation of said pesson, - where the article is1st published Where one of the offended parties is a private individual: = RIC of province/city where he actually resides at the time of the crime - where article was printed or 1st published 5 art 355 art 356 = any unlawful extortion of money by threats of accusation and exposure Possible in light threats (Art 283) and in threat to publish (Art 356), = art 357 Even though made in connection with or under the pretext that itis necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. He wrote to the BOD and to Marquez He caused to publish the second letter. HELD: Letter is not privileged communication. To be classified as such, it must be free from malice Granting that the letter was privileged communication, written out of a duty of an officer towards the members, such character was lost when it was published (Lacsa v./AC) 201Oral defamation /slander™ a. action of a serious and insulting nature b. light insult or defamation — not setious in nature Slander by deed" a. Offender performs any act not included in any other crime against honor b. Such act is performed in the presence of other pemson of persons ¢. Such act casts dishonor, discredit or contempt upon the offended pasty Incriminating innocent person” | a, Offender pesforms an act. b. Such act he disectly inctiminates or imputes to an innocent person the commission of a crime ¢. Such act does not constitute pesjusy art 358 Factors that determine gravity of the offense: 2) expressions used ») personal relations of the accused and the offended party © circumstances surrounding the case Words uttered in the heat of anger constitute light oral defamation Ifthe utterances were made publicly and were heard by many people and the accused at the same time leveled his finger at the complainant, oral defamation is committed Seriousness depends on the social standing of offended party, the circumstances surrounding the act, the occasion, ete © grave slander = simple stander = art 359 Lielous remarks (Art. 362) libelous remarks or comments on privileged matters if made with malice in fact will not exempt the author and editor. This article is a limitation to the defense of privileged communication. © art 363, Two (2) Kinds: making a statement which is i defamatory or ii perjurious b. planting evidence This article i limited to planting evidence and the like 202Intriguing against honor” Any person who shall make any intrigue which has for its psincipal puspose to blemish the honor or seputation of another person. a Administrative Cir a Rule of Prefer cular 08-2008 Re: Guidelines in the Observance of in the Imposition of Penalties in Libel Cases 4) Preference of imposition of fine This Administrative Circular does not remove imptisonment as an altemative penalty forthe csime of bel The Judges concemed may, in the exercise of sound discretion, and taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or whether forbeasing to impose impsisonment would depreciate the sesiousness of the offense, work violence on the social ordes, or otherwise be contragy to the imperative of justice; Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application of the Revised Penal Code provision on subsidiary impsisonment. = art 364 Refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot. ‘Committed by saying to others an unattributable thing; if said to the person himself it is stander © under Art 355 of the RPC 20314, Criminal Negligence Reckless imprudence™ a. Offender does or fails to do an act b. The doing of or the failure to do that act is voluntary. ¢. Without malice dl Matesial damage results ¢. There is inexcusable lack of precaution on the patt of the offendes, taking into consideration 1. his employment or occupation 2. degree of intelligence, physical condition, and : 3. other ciscumstances regarding pessons, time and place Simple imprudence™ a. These is lack of precaution on the past of the offender. b. The damage impending to be caused in not immediate orthe danger is not clearly manifest. art 365 bia ‘Art64 on mitigating and aggravating circumstances not applicable Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree. Abandoning usually punishable under Art 275, if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance. Contributory negligence—not a defense, only mitigating Last clear chance doctrine. The contributory negligence of the injured party will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party Emergency rule- ‘An automobile driver, who, by the negligence of another, is suddenly placed in an emergency and ‘compelled to act instantly to avoid a colision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice.Il, Jurispradence— Pestinent Supreme Coust decisions promulgated up to January 31, 2012 IIL. Excluded Topics A All Special Penal Laws and Supreme Coust Decisions not pestinent to the above outlined topics are excluded. B. Penalties of Specific Csimes.REFERENCE Revised Penal Code ‘Ant. 2. Except as provided in the treaties and laws of prefesential application, the provisions of this Code shall be enfosced not only within the Philippine Archipelago including its atmosphese, its intesiox waters and Mauitime 2one, but also outside of its jusisdiction, against those who 1. Should commit an offense while on a Philippine ehip of aisship, 2. Should fosge ot counterfeit any coin or custency note of the Philippine Islands or obligations and secuties issued by the Goverment of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and secusities mentioned in the preceding number, 4, While being public offcess or employees, should commit an offense in the exessive of theit functions; ot Gome of these cuimes ase bubery, fad against national treasusy, malvewsation of public finds or propeity, and ilegal use of public funds; eg, A judge who accepts a babe winle in Japan) 5. Should commit any crimes against the national secuuity and the law of nations, defined in ‘Title One of Book Two of this Code. (These crimes include treason, espionage, pisacy, mutiny, and violation ofneuteality) ‘Ast. 10. Offonses nor subject the provisions of this cade Offenses which ace of in the futuse may be punishable under special lave ate not subject to the provisions of this Code. ‘This Code shall be supplementary to stich laus, unless the later should specially provide the contsary. Axticle IL. Jucijing dramstancs. "The following do not incus any csiminal liabity 1, Anyone who acts in defense ofis pesson of sights, provided that the following ciscumstances concus, Fist, Unlawfil aggsession,; Second. Reasonable necessity ofthe means employed to prevent ox xepel it ‘Thisd. Lack of sufcient provocation on the past ofthe person defending himself 2. Any one who acts in defense of the pesson or sights of his spouse, ascendants, descendants, orlegitimate, natucal ox adopted baothess ot sistes, ox ofhis clatives by affinity in the same degiees, and those by consanguinity within the fousth cx degsee, provided thatthe fimt and second requisites preseubed in the next preceding cixcumstance ate present, and the futher requisite, in case the provocation was given by the pesson attacked, that the one making defense had no part therein 3. Anyone who acts in defense of the pemon ot sights of a stranger, provided that the fist and second sequisites mentioned in the fist circumstance of this asticle are present and that the pesson defending be not induced by sevenge, xesentment, or other evil motive 2064, Any pesson who, in orderto avoid an evil or injury, does an act which causes damage to anothes, provided that the following requisites ate ptesent, First. That the evil sought to be avoided actual exists; Second. That the injuty feased be greater than that done to avoid it; ‘Thisd ‘That these be no other practical and less hamid means of preventing it 5, Any person who acts in the falfillment of a duty or in the lawful exercise of a sight or office 6. Any pesson who acts in obedience to an order issued by a supesior for some lawfil purpose Axticle 12. Circumstances which ecenps fam cininal abil. -’The following ate exennpt fiom criminal ability 1. An imbecile ox an insane person, unless the latter has acted dusing a lucid interval. ‘When the imbecile o an insane pesson has committed an act which the law defines as felony (delito) the coust shall order his confinement in one of the hospitals o asylums established for persons thus afilicted, which he shall not be pemitted to leave without fist obtaining the pesmission of the same coust 2.A pemon under nine yeas of age 3.A pesson overnine years of age and under fifteen, unless he has acted with discemment, in which case, such minor shall be proceeded against in accosdance with the provisions of auticle 80 of this Code ‘When such minosis adjudged to be csiminally iresponsible, the cout, in confosmity with the provisions of this and the preceding paragtaph, shall commit him to the cate and custody ‘fis family who shall be chaiged with his surveillance and education, otherwise, he shall be committed to the cate of some institution ox pesson mentioned in said asticle 80. 4, Any pesson who, while perfomning alawfil act with due care, causes an injusy by mete accident without frult or intention of causing it 5. Any person who acts under the compulsion of itresistible foxce 6. Any pesson who acts under the impulse of an uncontrollable fear of an equal of greater injury 7. Any pesson who fails to pesfom an act sequized by law, when prevented by some lawfil insuperable cause. 207Article Article 13. Minigotng drcumstances - Tae following ase mitigating ciscumstances: 1. Those mentioned in the preceding chaptes, when all the requisites necessary to justify the act orto exempt from cximanal liability in the respective cases ate not attendant. 2. That the offenders under eighteen yeass of age or over seventy yeas In the case ofthe ‘minor, he shall be proceeded against in accoxdance wath the provisions of aticle 80 3. That the offenderhad no intention to commit s0 grave a wzong as that committed 4. That sufficient provocation os threat on the past ofthe offended pasty immediately preceded the act 5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito) his spouse, ascendants, descendant, legitimate, natusal ox adopted biothes ox sisters of selaives by affinity uithin the same degtees. 6. That of having acted upon an impulse so powesful = naturally to have produced passion or obfuscation 7. That the offender had voluntasly sussendesed himselfto a pesson in authosty ox his agents, ox that he had voluntasly confessed his guilt before the coust psi to the pictentation ofthe evidence forthe prosecution, 8, That the offenderis deaf and dumb, blind o* otherwise suffesing some physical defect ‘which thus sestsicts his means of action, defense, or communication with his fellow beings 9, Such illness ofthe offender as would diminish the exercise ofthe will-power ofthe offender without however depsiving him of consciousness of his acts. 10. And, finaly, any other circumstance of a similar nature and analogous to those above mentioned 14, Aggrosnting dramstances.-"The following ate aggravating ciscumstances 1. That advantage be taken by the offender of his public position. 2. That the csime be committed in contempt of or with insult to the public authorities 3. That the act be committed with insult or in disregard ofthe respect due to the offended patty on account ofhis sank, age, orsex, or that it be committed in the dwelling of the offended pasty ifthe latter has not given provocation. 4.That the act be committed with abuse of confidence or obvious ungratefilness 5. That the csime be committed in the palace of the Chief Executive, orin his presence, of ‘whete public authouities ate engaged in the dischasge of theit duties, ox in a place dedicated to seligious wosship. 2086. That the crime be committed in the nighttime, or in an uninhabited place, ox by a band, ‘whenever such ciscumstances may facilitate the commission of the offense ‘Whenever mose than thie ammed malefactos shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band 7. That the crime be committed on the occasion of a conflageation,shipwseck, earthquake, «epidemic, o£ other calamity ox misfostune 8, That the crime be committed with the aid of asmed men ox persons who insue o: afford impunity 9. That the accused is a xecidivist A tecidivist is one who, at the time of his tsial for one cime, shall have been previously convicted by final judgment of another csime embraced in the eame title of this Code 10, That the offender has been previously punished for an offense to which the law attaches an equal ox greater penalty of for two ox mose cximes to which t attaches alighter penalty. 11. Tat the csime be committed in considesation of aprice, rewasd, or promise 12, That the csime be committed by means of imundation, fire, poison, explosion, stranding ofa vessel or intentional damage thereto, devailment of a locomotive, orby the wse of any other attfice involving great waste and min, 13, That the act be committed with evident premeditation 14 That craft, fraud, or disguise be employed. 15, That advantage be taken of supesios strength, ox means be employed to weaken the defense 16, That the act be committed with treachery (alevosia) “These is treachery when the offender commits any of the cximes against the peson, ‘employing means, methods, or forms in the execution theseof which tend directly and specially to insuse its execution, without isk to himself asising from the defense which the offended pasty might make 17. That means be employed os cizcumstances brought about which add ignominy to the anatucal effects of the act. 18, That the csime be committed after an unlawfil entey ‘Thece is an unlawhil entry when an entiance is effected by away not intended for the puspose 19. That as ameans to the commission of a crime a wall, oof fos, door, or window be broken. 20920. That the esime be committed with the aid of persons under fifteen yeass of age ox by ‘means of motor vehicles, motosized watercraft, auships, or other similar means. (As amended by Rep. Act No. 5438, approved Sept. 9, 1958) 21, That the wrong done in the commission of the crime be deibesately augmented by causing other wrong not necessary forits commission. Axticle 15. Thai once - Alternative cixcumstances ate those which must be taken into considesstion ss aggiavating ox mitigating according to the nature and effects of the crime and the other conditions attending its commission. They ate the selationship, intoxication and the degiee of instruction and education ofthe offender ‘The altemative cizcumstance of telationship shall be taken into consideration when the offended pattyis the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or lative by affinity inthe same degtees of the offender “The intoxication ofthe offender shall be taken into consideration 2¢ a mitigating ciscumstance when the offendechas commutted a felony in astate of intoxication, ifthe same is not lnabitual o subsequent to the plan to commt sad felony, but when the intoxication i habitual os intentional, it shall be consideted as an aggsavating cixcumstance Article 17. Principals. - The following are considered principals: 1. Those who take a direct part in the execution of the act, 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it ‘would not have been accomplished. Article 18. Accomplices. - Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts Amt, 19 Accssorits. — Acceseosies ae those who, having knowledge of the commission of the csime, and without having pasticipated therein, either as psincipals or accomplices, take patt subsequent to its commission in any of the following mannes: 1. By profiting themselves ox assisting the offender to profit by the effects ofthe cxime 2. By concealing or destroying the body of the ctime, or the effects ox instmuments theseof, in osder to prevent its discovery. 3. By hasbosing, concealing, of assisting in the escape ofthe principals of the crime, provided the accessory acts with abuse of lis public fuuictions or whenever the author ofthe crime is guilty of ‘treason, patticide, muader, or an attempt to take the life of the Chief Executive, oris known to be habitually guilty of some other crime Axticle 125. Delay in the dabery of drained persons m0 she proper juical arthritis. -"Tae penalties provided in the next preceding atticle shall be imposed upon the public officer ox employee who shall detain any person for some legal geound and shall fal to deliver such pesson to the proper judicial authonties within the peiod of twelve (12) hous, for csimes ot offenses punishable by light 210penalties, or theit equivalent, eighteen (18) hous, for crimes ot offenses punishable by cotsectional penalties, or their equivalent, and thisty-six (36) houss, for crimes or offenses punishable by afflctive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attomey or counsel Ast. 247. Death or physical injures inficed under exceptional aroumstances. Any legally macsied person who, having swspsised lis spouse in the act of committing sexual intercouse with another pesson, shall Kill any of them of both of them in the act or immediately theseaftes, of shall indict upon them any sexious physical injusy, shall euffer the penalty of desire, Ait, 346, Liabily of ascondames, guardians, teachers, or other persons entrusted vith the custody ofthe offended party —The ascendants, guardians, curatos, teaches and any person who, by abuse of authonty or confidential relationships, shall cooperate at accomplices sn the perpetuation of the csimes embsaced in chaptess, second, third and fouith, of this ttle, shall be punished as psincipals chan robles vistual aw ibsary ‘Teaches or other pesons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty of temposary special disqualification in its maximum period to perpetual special disqualification Any pesson filling within the teams of this asticle, and any other peson guilty of cormption ofminoss for the benesit of another, shall be punished by special disqualification from filling the office of guardian. Revised Rules of Criminal Procedure Sec. 17. Discharge of accused tbe state witness. — When two ox more persons ate jointly chasged with the commission of any offense, upon motion of the prosecution befote resting its case, the coust may disect one or more of the accused to be dischaiged with their consent so that they may be witnesses, for the state when, after requining the prosecution to present evidence and the swom statement of each proposed state witness at a heasing in suppost of the dischasge, the coustis satisfied that: (® There is absolute necessity for the testimony of the accused whose discharge is requested, (© The is no other disect evidence avalable for the proper prosecution of the offense committed, except the testimony of said accused; (© The testimony of said accused can be substantially costobossted in its matesial points; (@ Said accused does not appearto be the most guilty, and (© Said accused has not at any time been convicted of any offense involving mosal tupitude Evidence adduced in suppost of the dischauge shall automnatically form pait ofthe trial. Ifthe coust denies the motion for dischasge of the accused as state witness, his swom statement shall be inadmissible in evidence. 2a‘The Comprehensive Dangerous Drugs Act of 2002 +Section 4. Importation of Dangerous Dawgs and/or Controlled Prrcusos and Essential Chemicals. ‘The penalty of lif impssonment to death and a ranging from Five hundsed thousand ‘pesos (P500,000.00) to Ten million pesos (P10,000,000 00) shall be imposed upon any person, who, ‘unless authonized by law, shall impost or bsing into the Philippines any dangesowe dmg, xegasdless of ‘the quantity and pusity involved, inchuding any and all species of opium poppy of any past thereof ox substances detived therefiom even for flora, decorative and culinary pusposes. sooe +Section 5, Sale, Trading, Administeation, Dispensation, Delivery, Distubution and ‘Transportation of Dangerous Dings and/or Contuolled Precussos and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five lnundsed thousand pesos (P500,000.00) to ‘Ten zallion pesot (P10,000,000.00) shall be smposed upon any pesson, who, unless authoszed by law, shall sell, trade, administer, dispense, delives, give away to anothers, distubute dispatch in teasit of teaspost any dangerous dmg, including any and all species of opium poppy tegatdless of the quantity and pusity involved, or shall act 2s a beoker in any of such transactions. snc + Section 6, Maintenance of a Den, Dive or Resost - The penalty of life imprisonment to death and a fine ranging fiom Five hundred thousand pesos (500,000.00) to ‘Ten million pesos (P10,000,000.00) shall be imposed upon any pesson or group of persons who shall maintain a den, dive or srsoxt where any dangerous dmg is used or sold in any fom Xone Section 7. Empleyes and Visits of a Den, Dive or Revrt - ‘The penalty of impsisonment anging ftom ‘twelve (12) yesus and one (1) day to twenty 20) yeas and a fine ranging fiom One hundsed thousand ‘pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon: @ Any employee of a den, dive or resost, who is aware of the nature of the place as such, and (©) Any petson who, not being included in the provisions of the next preceding, parageaph, is aware ofthe natuse of the place as such and ehall knowingly visit the same +Section 8. Manyfucare of Dangerous Drags and/or Connalled Precursors and Essential Chemicals. - ‘The penalty oflife impnsonment to death and a fine ranging Five hundsed thousand pesos (P500,000.00) {0 Ten million pesos (P10,000,000.00) shall be imposed upon any pesson, who, tiless authosized by law, shall engage in the manufactuse of any dangerous drug. Kaa Section 10. Manufacture or Delivery of Equipment, Insrumem, Apparams, and Other Paraphernalia for Dangerous Drngs and/or Controlled Precnsors and Essential Chemicals - The penslty of seapsisonmént sanging fiom twelve (12) yeass and one (1) day to twenty (20) yeass and a fine caning fiom One Inundsed thousand pesos (P100,000.00) to Five undsed thousand pesos (P500,000.00) shall be imposed upon any peson who shall deliver, possess with intent to deliver, ox manufactuse with intent to deliver equipment, instrument, appaistus and other pasaphemalia for dangesous deugs, knowing, of under citcumstances whese one seasonably should know, that it will be used to plant, propagate, cultivate, row, harvest, manufactuse, compound, convest, produce, process, prepate, test, analyze, pack, repack, store, contain or conceal any dangesous drug and/os contzolled precusor and cssential chemical in Wolation of this Act scx Section 11. Passesion of Dangerous Drags. - The penalty of life impsisonment to death and a fine smging from Five hundsed thousand pesos (500,000.00) to ‘Ten million pesos (P10,000,000.00) shall be imposed upon any peson, who, unless authosized by law, shall possess any dangerous dug in the following quantities, regardless of the degree of pusity theseof (0) 10 grams or mose of opium, Q 10 grams or mose of mosphine; 212@ 10 gsams or more ofhesoin, (@) 10 geame ot more of cocaine ox cocaine hydcochloside, (©) 50 gzams or more of methamphetamine hydsochloside o: "shabu", (© 10 gtams or mose of masiuana sein o£ masjuana sesin oi; (7) 500 grams ox mose of manjuana, and © 10 grams os mose of other dangerous digs such a, but not limited to, methylenedioxymethamphetamine (MDA) o£ “ecstay", patamethoxyamphetamine (PMA), ‘trimethoxyamphetamine (TMA), lyseagic acid diethylamine (LSD), gamma hydcoxyamphetamine (GHB), and those simlady designed or newly intioduced daugs and their desivatives, without having any therapeutic value or if the quantity possessed is fac beyond thesapeutic sequitements, = deteamined and promulgated by the Bostd in accosdance to Section 93, Asticle XI of this Act. saxe Section 12. Pasesion of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. - "The penalty of imprisonment ranging ftom six (6) months and one (1) day to fous (4) yeass and a fine smging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless authonzed by law, shall possess os have under his /her contiol any equipment, insteument, apparatus and other paraphemalia fit or intended for smoking, consuming, administesing, injecting, ingesting, or introducing any dangerous dmg into the body Provided ‘Taat in the case of medical practtioness and vasious professionals who ate tequited to carry such equipment, instmment, apparatus and other paraphemalia in the practice of their profession, the Board shall prescaibe the necessary implementing guidelines thereof ‘The possession of such equipment, instrument, apparatus and other pataphemalia fit ox intended for any of the purposes enumetated in the preceding pacagsaph shall be prima face evidence that the possessor has smoked, consumed, administered to himself/hesself injected, ingested ox used a dangerous daug and shal be presumed to have violated Section 15 ofthis Act. #Section 15. Possession of Dangerous Drugs During Parties, Sodal Gatherings or Meetings. — Any peson found possessing any dangecous divg dusing a pasty, or at a social gathering ox meeting, of in the ‘proximate company of at least two (2) pemons, ehall suffer the maximum penalties provided for in Section 11 ofthis Act, segacdless of the quantity and pusiy of such dangerous drugs Section 14. Passesion of Equipment, Inseumen, Apparan and Other Paraphernalia for Dangerous Drngs During Parses, Socal Gatherings or Menge. - Tae maxicanm penalty provided for it Section 12 of this ‘Act shall be imposed upon any pesson, who shall possess of have under his/her contol any equipment, instsiment, appatatus and other pataphemalia St ox intended for smoking, consuming, administesing, injecting, ingesting, ox introducing any dangesous drug into the body, dusing paties, social gathenngs ox meetings, ox an the proximate company of at least two (2) pessons. Section 15. Use of Dangerous Drugs — A person appichended os atsested, who is found to be positive foruse of any dangerous dng, after a confismatory test, shal be imposed a penalty of a mininmum of ‘a (6) months rehabilitation in a govemment centes for the fist offense, subject to the provisions of Asticle VIII of this Act. If apprehended using any dangerous diug for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) yeass and one (I) day to twelve (12) years and a fine tmging fiom Fitty thousand pesos (P50,000.00) to Two lnndsed thousand pesos (200,000.00): Prowse, Tat this Section shall nat be applicable whnese the pesson tested is also found to have in his hes possession such quantity of any dangerous dag provided for under Section 11 of this Act, in which case the provisions stated therein shall apply. + Section 16. Cultation or Cure of Plants Classified as Dangerous Drugs or are Sources Thereaf The penalty of life imprisonment to death and a fine ranging fiom Five hundsed thousand pesos (P500,000 00) to ‘Fen millon pesos (P10,000,000 00) shall be imposed upon any pesson, who shall plant, cultivate or culture masijuana, opium poppy or any other plant segasdless of quantity, which is 213ormay hereafter be classified as a dangerous daug of a8 a sousce from which any dangerous dug may be manufactured or desived: Provided, ‘That in the case of medical laboratories and medical reseatch centess which cultivate or culture masjuana opium poppy and other plants, or matesids of such dangerous dings for medical expesiments and seseatch pusposes, ox for the creation of new types of medicine, the Board shall prescsibe the necessary implementing guidelines for the proper cultivation, cultuse, handling, experimentation and disposal of such plants and materials. Section 19. Unlaufid Presciption of Dangerous Dings. ~"The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to ‘Ten million pesos (P10,000,000.00) shall be imposed upon any pesson, who, unless authosized by law, shall make or issue a prescription or any other wating pusposting to be a prescsiption for any dangerous dug AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES (Republic Act No. 6981) Section 1. Name of Act. - This Act shall be known as the "WWimess Protection, Security and Benefit Act" Section 2. Inplementation of Program. - The Department of Justice, hereinafter referred to as the Department, through its Secretary, shall formulate and implement a "Witness Protection, Secunty and Benefit Program", hereinafter referred to as the Program, pursuant to and consistent ‘with the provisions of this Act. ‘The Department may call upon any department, bureau, office or any other executive agency to assist in the implementation of the Program and the latter offices shall be under legal duty and obligation to render such assistance Section 3. Admission into the Program. - Any person who has witnessed or has knowledge or information on the commission ofa crime and has testified or is testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority, may be admitted into the Program: Provided, That a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent under special laws,/ewpht ‘b) his testimony can be substantially corroborated in its material points, ©) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there isa likelihood that he ‘will be lalled, forced, intimidated, harassed or corrupted to prevent him from testifying, orto testify falsely, or evasively, because or on account of his testimony, and 24@) heis not a law enforcement officer, even ifhe would be testifying against the other law: enforcement officers. In such a case, only the immediate members of his family may avail themselves of the protection provided for under this Act. Ifthe Department, after examination of said applicant and other relevant facts, is convinced that the requirements of this Act and its implementing rules and regulations have been complied with, it shall admit said applicant to the Program, require said witness to execute a swom statement detailing his knowledge or information on the commission of the crime, and thereafter issue the ‘proper certification. For purposes of this Act, any such person admitted to the Program shall be ienowmas the Witness Section 4. Witness in Legislative Investigations. - In case of legislative investigations in aid of legislation, a witness, with his express consent, may be admitted into the Program upon the recommendation of the legislative committee where his testimony is needed when in its judgment there is pressing necessity therefor Provided, That such recommendation is approved by the President of the Senate or the Speaker of the House of Representatives, as the case may be Section 5. Memorandum of Agreement With the Person to be Protected. - Before a person is provided protection under this Act, he shall first execute a memorandum of agreement which shall set forth his responsibilities induding a) to testify before and provide information to all appropriate law enforcement officials conceming all appropriate proceedings in connection with or arising from the activities, involved in the offense charged, ‘) to avoid the commission of the crime,JawphtlY ©) to take all necessary precautions to avoid detection by others of the facts conceming the protection provided him under this Act, 6) to comply with legal obligations and civil judgments against him; ©) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act, and. to regularly inform the appropriate program official of his current activities and address JawphtJ© Section 6. Breach of the Memorandun of Agreement, - Substantial breach of the memorandum of agreement shall be a ground for the termination of the protection provided under this Act: Provided, however, That before terminating such protection, the Secretary of Justice shall send notice to the person involved of the termination of the protection provided under this Act, stating therein the reason for such termination Section 1. Confidentiality of Proceedings. - All proceedings involving application for admission into the Program and the action taken thereon shall be confidential in nature No information or documents given or submitted in support thereof shall be released except upon mitten order of the Department or the proper court 215Any person who violates the confidentiality of said proceedings shall upon conviction be ‘punished with imprisonment of not less than one (1) year but not mare than six (6) years and deprivation of the right to hold a public office or employment for a period of five (5) years. Section 8. Rights and Benefits. - The witness shall have the following rights and benefits @ To havea secure housing facility until he has testified or until the threat, intimidation or harassment disappears or is reduced to a manageable or tolerable level. When the circumstances warrant, the Witness shall be entitled to relocation and/or change of personal identity at the expense of the Program This right may be extended to any member of the family ofthe Witness within the second civil degree of consanguinity or affinity. (b) The Department shall, whenever practicable, assist the Witness in obtaining a means of livelihood. The Witness relocated pursuant to this Act shall be entitled toa financial assistance from the Program for his support and that of his family in such amount and for such duration as the Department shall detenmine. (© Inno case shall the Witness be removed from or demoted in work because or on account of his absences due to his attendance before any judicial or quasi-judicial body or investigating authority, including legislative investigations in aid of legislation, in going thereto and in coming therefrom Provided, That his employer is notified through a certification issued by the Department, within a period of thirty (30) days from the date when the Witness last reported for worl Provided, further, That in the case of prolonged transfer or permanent relocation, the employer shall have the option ta remove the Witness from employment after securing clearance from the Department upon the recommendation of the Department of Labor and Employment Any Witness who failed to report for work because of witness duty shall be paid his equivalent salaries or wages corresponding to the number of days of absence occasioned by the Program For purposes of this Act, any fraction ofa day shall constitute a full day salary or wage This provision shall be applicable to both govemment and private employees (@) Tobe provided with reasonable travelling expenses and subsistence allowance by the Program in such amount as the Department may determine for his attendance in the court, body or authority where his testimony is required, as well as conferences and interiews with prosecutors or investigating officers. (© To be provided with free medical treatment, hospitalization and medicines for any injury or illness incurred or suffered by him because of witness duty in any private or public hospital, clinic, or at any such institution at the expense of the Program, (f Ifa Witness is alled, because of his participation in the Program, his heirs shall be entitled to a burial benefit of not less than Ten thousand pesos (P10,000 00) from the Program exclusive of any other similar benefits he may be entitled to under other existing laws (@ In case of death or permanent incapacity, his minor or dependent children shall be entitled to free education, from primary to college level in any state, or private school, college or university as may be determined by the Department, as long as they shall have qualified thereto Section 9. Speedy Hearing or Trial - In any case where a Witness admitted into the Program shall testify, the judicial or quasi-judicial body, or investigating authonty shall assure a speedy 216hearing or tral and shall endeavor to finish said proceeding within three (3) months from the filing of the case Section 10. State Wimess. - Any person who has participated in the commission ofa crime and desires to be a witness for the State, can apply and, if qualified as determined in this Act and by the Department, shall be admitted into the Program whenever the following circumstances are present: (@) the offense in which his testimony will be used isa grave felony as defined under the Revised Penal Code orits equivalent under special laws, (b) there is absolute necessity for his testimony, (© there is no other direct evidence available for the proper prosecution of the offense committed: (@his testimony can be substantially corroborated on its material points; (© he does not appear to be most guilty; and (he has not at any time been convicted of any crime involving moral turpitude An accused discharged from an information or criminal complaint by the court in order that he may bea State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this Act. Nothing in this Act shall prevent the discharge of an accused, so that he can be used asa State Witness under Rule 119 of the Revised Rules of Court Section 11. Sworn Statement. -B efore any person is admitted into the Program pursuant to the next preceding Section he shall execute a swom statement describing in detail the manner in which the offense was committed and his participation therein Ifafter said examination of said person, his swom statement and other relevant facts, the Department is satisfied that the ‘requirements of this Act and its implementing rules are complied with, it may admit such person into the Program and issue the conresponding certification. Ifhis application for admission is denied, said swom statement and any other testimony given in support of said application shall not be admissible in evidence, except for impeachment purposes Section 12. Effect of Admission of a State Witness into the Program. - The certification of admission into the Program by the Department shall be given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or information and if included therein, to petition the court for his discharge in order that he can. utilized asa State Witness. The Court shall order the discharge and exclusion of the said accused from the information Admission into the Program shall entitle such State Witness to immunity from criminal ‘prosecution for the offense or offenses in which his testimony wall be given or used and all the rights and benefits provided under Section 8 hereof 27Section 13. Failure or Refusal of the Witness to Testify. - Any Witness registered in the Program who fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so, shall be prosecuted for contempt. If he testifies falsely or evasively, he shall be liable to prosecution for perjury. Ifa State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any condition accompanying such immunity without just cause, as determined in a hearing by the proper court, hus immunity shall be removed and he shall be subject to contempt or criminal prosecution Moreover, the enjoyment of all rights and benefits under this Act shall be deemed terminated. ‘The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings Section 14. Compelled Testimony. - Any Witness admitted into the Program pursuant to Sections 3 and 10 of this Act cannot refuse to testify or give evidence or produce books, documents, records or writings necessary for the prosecution of the offense or offenses for which he has been admitted into the Program on the ground of the constitutional right against self-incrimination but he shall enjoy immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture for any transaction, matter or thing concerning his compelled testimony or books, documents, records and writings produced. In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or wnitings, on the ground of the nght against self-incrimination, and the state prosecutor or investigator believes that such evidence is absolutely necessary for a successful prosecution of the offense or offenses charged or under investigation, he, with the prior approval of the department, shall file a petition with the appropriate court for the issuance of an order requiring said Witness to testify, give evidence or produce the books, documents, records, ‘and wnitings described, and the court shall issue the proper order. ‘The court, upon motion of the state prosecutor or investigator, shall order the arrest and. detention of the Witness in any jail contiguous to the place of trial or investigation until such time that the Witness is willing to give such testimony or produce such documentary evidence Section 15. Perjury or Contempt. - No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to this Act. The penalty next higher in degree shall be imposed in case of conviction for peyury. The procedure prescribed under Rule 71 of the Rules of Court shall be followed in contempt proceedings but the penalty to be imposed shall not be less than one (1) month but not more than one (1) year imprisonment Section 16. Credibility of Witness. - In all criminal cases, the fact of the entitlement of the Witness to the protection and benefits provided for in this Act shall not be admissible in evidence to diminish or affect his credibility. Section 17. Penalty for Harassment of Witness. - Any person who harasses a Witness and thereby hinders, delays, prevents or dissuades a Witness from: @)attending or testifying before any judicial or quasi-judicial body or investigating authority, 218(b) reporting to a law enforcement officer or judge the commission or possible commission of an offense, or a violation of conditions or probation, parole, or release pending judicial proceedings, (© seeking the arrest of another person in connection with the offense, (@) causinga criminal prosecution, ora proceeding for the revocation of parole or probation; or (© performing and enjoying the rights and benefits under this Act or attempts to do so, shall be fined not more than Three thousand pesos (3,000.00) or suffer imprisonment of not less than six (6) months but not more than one (1) year, or both, and he shall also suffer the penalty of perpetual disqualification from holding public office in case of a public officer. Section 18. Rules and Regulations. - The Department shall promulgate such rules and regulations as may be necessary to implement the intent and purposes of this Act. Said rules and ‘regulations shall be published in two (2) newspapers of general circulation Section 19. Repealing Clause. - All laws, decrees, executive issuances, rules and regulations inconsistent wath this Act are hereby repealed or modified accordingly. Section 20. Funding. - The amount of Ten million pesos (P10,000,000.00) is hereby authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated to carry into effect the purpose of this Act Expenses incurred in the implementation of the Program may be recovered as part of the cost or indemnity imposed upon the accused Furthermore, other funding schemes or sources, subject to the limitations of the law, shall be allowed in furtherance hereof. Section 21. Separabitity Clause. - The declaration of unconstitutionality or invalidity of any provision of this Act shall not affect the other provisions hereof Section 22. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in two (2) newspapers of general circulation Presidential Decree No. 603, ‘The Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 Ait. 192. Suspension of Sentence and Commitment of Youthfil Offender If after heasing the evidence in the proper proceedings, the coust should find tat the youthfil offender has committed the acts chaged against him, the coust shall detesmine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the coust, ‘upon application of the youthful offender ifit finds that the best intesest 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 cate of the Department of Social Welfare, os to any taxining institution opesated by ‘the govemment or any other reeponsible person tntil he shall have reached twenty-one years of age, or for a shoster pesiod a the coust may deem proper, after considesing the reposts and secommendations of the Department of Social Welfase of the goverment training institution or 219sesponsible pesson under whose case he has been committed. Upon seceipt of the application of the ‘youthful offender for suspension of his sentence, the coust may require the Depastment of Social ‘Welfse to prepase and submit to the coust a social case study epost over the offender and his family, The youthful offender shall be subject to visitation and supervision by a representative of the Depattment of Social Welfare or govemment training institution as the coust may designate subject to such conditions as it may psrscabe’The benefits of this auticle 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 o: life imprisonment Javenile Justice and Welfare Act of 2006 (R.A. 9344) Secion 20. Chiron Below the Age of Criminal Reponsiiiy. ~ If it has been detetmined that the child taken into custody i fiteen (15) yeas old or below, the authosty which will have an intial contact ‘with the child has the duty fo immediately celease the child to the custody of his/her parents ot guardian, orin the absence theseof the child's nearest selative. Said authosty shal give notice to the local social welisre and development officer who will detexnine the appropuate programs in consultation with the child and to the peson havang custody over the child TEthe parents, guazdiane or nearest selaives cannot be located, or if they sefise to take custody, the child may be seleased to any of the following: a duly cegistesed nongovemmental or religious oxganization; a barangay official or amember of the Barangay Council for the Protection of Children (BCPO); a local social welface and development offices, or when and where appropnate, the DSWD. Ifthe child efeared to hessin hha been found by the Local Social Welfate and Development Office to be abandoned, neglected ot abused by his parents, or inthe event that the parents wll not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD ot the Local Social Welisce and Development Office pusuant to Presidential Decree No. 603, otheruase Jknown a5 “The Child and Youth Welfare Code" SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon effectivity of this Act, cases of childsen fifteen (15) yeas old and below at the time of the commission of the crime shall immediately be dismassed and the child shall be referred to the apptopsiste local social welfare and development officer. Such offices, upon thorough assessment of the child, shall detesmine whether to release the child to the custody of his/her pasents, ox refer the child to prevention piogsams 2 provided under this Act. Those with suspended sentences and ‘undergoing sthabiitation at the youth sehabiltation center shall likewise be seleased, unless itis contrary to the best interest ofthe child Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9546) SECTION 1. ‘The imposition of the penalty of death is heseby prohibited Accordingly, Republic ‘Act No. Eight Thousand One Hundsed Seventy-Seven (RA. No. 8177), otherwise knowm as the Act Designating Death by Lethal Injection is hereby repealed Republic Act No. Seven ‘Thousand Six Hundred Fifty Nine (RA, No. 7659), otherwise known as the Death Penalty Law, and all other aus, executive oxdes and dectees, insofar as they impose the death penalty are hereby sepealed or amended accosdingly. ‘SEC. 2, In lieu ofthe death penalty, the following shall be imposed @ the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code, of (©) the penalty of life impsisonment, when the law violated does not make use of the nomenclatuse ofthe penalties of the Revised Penal Code. 220SEC. 3. Pesson convicted of offenses punished with sedusion perpena, ox whose sentences will be seduced to redusion perbetva, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known a8 the Indetesminate Sentence Law, as amended. SEC. 4, The Boasd of Pardons and Pasole shall cause the publication at least one a week for thase consecutive weeks in a newspaper of general circulation of the names of pesons convicted of offenses punished with seclusion pespetua or life impsisonment by season of this Act who ase being considered o: recommend for commutation or patton; Provided, however, That nothing herein shall limit the power of the President to grant executive clemency under Section 19, Atticle VII of the Constitutions Human Security Act of 2007 (R.A. 9372) SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official and the member of his team may, upon a wuitten oxder of the Coust of Appeals, listen to, intercept and recosd, with the use of any mode, foum, kind os type of electronic o other surveillance equipment or intescepting and tracking devices, or with the use of any other suitable ways and means for that puspose, any communication, message, conversation, discussion, of spoken of wuitten words between membess of a judicially declared and outlawed tessosist owganization, association, or group of pessons or of any person chaiged with or suspected of the esime oftestosism or conspisacy to commit tessosism. Provided, "That susveillance, intesception and secosding of communications between lnwyess and clients, doctoss and patients, joumalists and their sources and confidential business correspondence shall not be authoszed. SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack.- In the event of an actual or imminent tessosist attack, suspects may not be detained for mose than three days without the wiitten approval of a municipal, city, provincial ot tegional official of a Human Rights Commission or judge of the municipal, segional tial coust, the Sandiganbayan or a justice of the Coust of Appeals nearest the place of the auest. Ifthe acest is made dusing Satusdays, Sundays, holidays of after office houss, the atresting police or law enforcement pessonnel shall bing the peton thus attested to the sesidlence of any of the officials mentioned above that is neasest the place ‘where the accused was attested ‘The approval in waiting of any of the said officials shall be secused by the police or law enforcement pessonnel concemed within five daye after the date of the detention of the pesos concemed: Prouded, hovever, That within theee days after the detention the suspects, ‘whose connection with the tessor attack os threat is not established, shall be released immediately. SEC. 27. Judical Authorigavon Required 0 Examine Bank Depasits, Acowns, and Reeds - The provisions of Republic Act No. 1405 as amended, to the contzary notwithstanding, the justices of the Coust of Appeals designated a a special cout to handle antitessossm cases after satisfying themselves of the csustence of probable cause in a heasing called for that puspose that: (I) a person chasged with ot suspected of the exime of tessosism os, conspiracy to commut terrosism, (2) of a judicially declared and outlawed tessosist osganization, association, o£ gxoup of pesons; and (3) of amember of such judicially declaced and outlawed osganization, association, of group of pessons, may authonze in ‘wating any police or law enforcement officer and the membess of his/her team duly authosized in ‘wating by the anti-tesroism council to: (@) examine, or cause the examinstion of, the deposit, placements, trust accounts, assets and records in a bank or Sinancial institution, and (b) gather ot cause the githesing of any celevant infosmation about such deposits, placements, taust accounts, assets, and secoxis fiom a bank of financial institution The bank o: financial institution concemed, shall not refine to allow such examination of to provide the desired infomation, when so, oxdered by and served with the watten oder of the Coust of Appeals. 221Bouncing Checks Law (B.P. 22) ADMINISTRATIVE CIRCULAR NO. 12-2000 Febmuaty 21, 2001 RE PENALTY FOR VIOLATION OF BP. BLG 22 Section | of BP. Big. 22 (An Act Penalizing the Making or Drawing and Issuance of a Check Whthout Suficient Fonds for Credit and for Other Pusposes) imposes the penalty of impsisonment of not less than thisty (30) daye but not more than one (1) yeat or a fine of not lees ‘than but not mose than double the amount of the check, which fine shall in no case exceed 'P200,000, or both such fine and imprisonment at the discsetion of the coust Inits decision in Eduardo Vaca, ». Court of Appeals (GR. No. 131714, 16 November 1998, 298 SCRA 656, 664) the Supreme Coust (Second Division) per Mr. Justice V. Mendoza, modified the sentence imposed for violation of B.P. Big, 22 by deleting the penalty of impsisonment and imposing only the penalty of fine in an amount double the amount of the check. In justification thereof, the Coutt eaid: Pestioners are fst-ime offenders They are Eilbine entrepreneurs who presumably contibute ro the national eanany. Apparent, thy brought ths appeal, basing in all good fit, although mistakenly that thy had not cammired a vslaton of BP. Big 22. Otbervise, they cold simpy baveaceped the judgment of the wal cout and ‘applied fr probation t evade a prison term. It woud best seve the ends af criminal justice sf in focing the penalty srthin tbe range of screten alloved by Secton 1, par. 1, the same philosophy underlying the IndeerminateSonence Law is observed, narely, that of reening valuable human material and preventing unnecessary derivation fpesonal ‘bery and econo nse vith dive regard 0 the protean of the seca order In this case, we bale tha ane ‘an amcvert equal ro double the amount ofthe check involved is an appropriate penalty 10 impose on each of the pestionrs In the secent case of Rasa Lim » People of the Philppines (G. R. No. 130038, 18 September 2000), the Supseme Coust en banc, applying Vaca also deleted the penalty of impsisonment and sentenced the drawer of the bounced check to the maximum of the fine allowed by B.P. Blg. 22, ie, 200,000, and conchuded that “such would best sesve the ends of criminal justice” ‘All cousts and judges concemed should hencefisth take note of the fosegoing policy of the Supseme Cout on the matter of the imposition of penalties for violations of B.P. Blg. 22. The Coust Administeator shall cause the immediate dissemination of this Administsative Circular to all cousts and judges concemed. ‘This Administuative Cisculay sefesred to and approved by the Supseme Coust en bane, shall take effect upon ate issuance 222ADMINISTRATIVE CIRCULAR NO. 13-2001 February 14, 2001. TO: ALLJUDGES SUBJECT : CLARIFICATION OF ADMINISTRATIVE CIRCULAR NO. 12-2000 ON THE PENALTY FOR VIOLATION OF BATAS PAMBANSA BLG. 22, OTHERWISE KNOWN AS "THE BOUNCING CHECK LAW Clasification has been sought by concemed Judges and other pasties xegarding the operation o£ Adminirrative Circular 12-2000 issued on 21 Noveniber 2000. In pasticulas, quesies have been made segacding the authority of Judges to 1 Impose the penalty ofimprisonment for vielations of Baras Pambansa Big 22; and 2. Impose subsidiary impsisonment in the event that the accused who i found guilty of ‘violating the provisions of BP. Big 22, is unable to pay the fine which he is sentenced to pay considesing that Administave Cirailar No, 12-2000 adopted the sulings in Eduardo Vaca ». Couit of Appeals (GR. No. 131714, 16 November 1998, 298 SCRA 656) and Rosa Lim». People ofthe Philippines (GR. No. 130038, 18 September 2000) a a policy of the Supseme Coust on the matter of the imposition of penalties for violations of BP. Blg 22, without mentioning whether subsidiary impsisonment could be sesosted to in case of the accused's inability to pay the fine ‘The clear tenor and intention of Adminicranve Ciradar No. 12-2000 is not to xemove impsisonment 2s an altemative penalty, but to lay down a nile of pseference in the application of the penalties provided for in BP. Bly 22 The pusuit of this puspose cleatly does not foreclose the possibility of impssonment for violations of B.P. Blg, 22. Neither docs it defeat the legislative intent behind the law. ‘Thaw, Administraive Cinadar No, 12-2000 establishes a nile of prefesence in the application of the penal provisions of BP. Blg 22 such that whese the ciscumstances of both the offense and the offender cleasly indicate good futh ox a cleat mistake of fact without tant of negligence, the imposition of a fine alone should be considesed the mote apptopsiate penalty. Needless to say, the detemmination of whether the cixcumstances wastant the imposition of a fine alone rests solely upon the Judge, Should the Judge decide that imprisonment is the more appropsiate penalty, Admimstranve Giridar No. 12.2000 ought not be deemed a hindrance Itis, therefose, understood that: 1. Administrative Ciradar 12-2000 does not xemove imprisonment as an altemative penalty for violations of BP. Big 2; 2. The Judges concemed may, in the exescise of sound disceetion, and taking into considesation the peculiar circumstances of each case, detesmine whether the imposition of a fine alone would best serve the intesests of justice ox whether fozbeanng to impose imprisonment would depreciate the sesiousness of the offense, wosk violence on the social osdes, or otherwise be contsary to the imperatives of justice; 3. Should only a fine be imposed and the accused be unable to pay the fine, these i no legal obstacle to the application of the Revised Pural Code provisions on subsidiary imprisonment. ‘The issuance of this Administrative Cizcular was authosized by the Coust En Banc in A.M. No, 00-11-01-SC at its session of 13 Febmiary 2001 223228