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TITLE VI: CRIMES AGAINST PUBLIC MORALS OBSCENITY TEST (Kottinger Rule): : Whether or not the material

CHAPTER I: Gambling and Betting charged as obscene has the tendency to deprave and corrupt the
minds of those open to the influence thereof, or into whose hands
• Article 195 repealed by PD 1602, RA 9287 such material may come to
Gambling: Game or device or method, the result of which depends REACTION TEST: reaction of the public should be made a gauge in
wholly or chiefly upon chance or hazard. So if the game depends upon determination whether the act was indecent or immoral
skill or ability of the players, there can be no gambling. Bets or wagers
placed with the hope to win a price therefrom. • RA 9775 ANTI-CHILD PORNOGRAPHY ACT OF 2009
Section 3. (b) "Child pornography" refers to any representation,
Knowingly permitting gambling to be carried on in a place owned or whether visual, audio, or written combination thereof, by electronic,
controlled by the offender is a crime. mechanical, digital, optical, magnetic or any other means, of child
engaged or involved in real or simulated explicit sexual activities.
• Article 196 repealed by PD 1602, RA 9287
(h) "Grooming" refers to the act of preparing a child or someone who
Importation, sale and possession of lottery tickets or advertisements
the offender believes to be a child for sexual activity or sexual
Lottery: is a scheme for the distribution of prizes by chance among relationship by communicating any form of child pornography. It
persons who have paid, or agreed to pay, a valuable consideration for includes online enticement or enticement through any other means.
chance to obtain a prize.
(i) "Luring" refers to the act of communicating, by means of a
• Article 197 repealed by PD 1602, RA 9287 computer system, with a child or someone who the offender believes
to be a child for the purpose of facilitating the commission of sexual
Betting in sport contest PD 483 Betting, game-fixing, point-shaving or activity or production of any form of child pornography.(2) Bestiality;
game machination unlawful
(j) "Pandering" refers to the act of offering, advertising, promoting,
• Article 198 repealed by PD 1602, RA 9287 representing or distributing through any means any material or
purported material that is intended to cause another to believe that
Illegal betting on horse races the material or purported material contains any form of child
• Article 199 repealed by PD 449 pornography, regardless of the actual content of the material or
purported material.
Illegal cockfighting Cockfights can only be held in licensed cockpits on:
Section 4. Unlawful or Prohibited Acts.
 Sunday
(a) To hire, employ, use, persuade, induce or coerce a child to perform
 Legal holidays
in the creation or production of any form of child pornography;
 Local fiestas (b) To produce, direct, manufacture or create any form of child
 Provincial, municipal, city, industrial, agricultural fairs, pornography;
carnivals, or exposition (c) To publish offer, transmit, sell, distribute, broadcast, advertise,
promote, export or import any form of child pornography;
Cockfighting not allowed on: (d) To possess any form of child pornography with the intent to sell,
distribute, publish, or broadcast: Provided. That possession of three (3)
 December 30
or more articles of child pornography of the same form shall be prima
 June 12 facie evidence of the intent to sell, distribute, publish or broadcast;
 November 30 (e) To knowingly, willfully and intentionally provide a venue for the
 Holy Thursday commission of prohibited acts as, but not limited to, dens, private
 Holy Friday rooms, cubicles, cinemas, houses or in establishments purporting to be
 Election or Referendum Day a legitimate business;
 Registration days for referenda and elections (f) For film distributors, theaters and telecommunication companies, by
themselves or in cooperation with other entities, to distribute any form
Articles 195 to 199 have been repealed and modified by PD 449. 483, of child pornography;
1602 as amended by LOI 816 (g) For a parent, legal guardian or person having custody or control of a
child to knowingly permit the child to engage, participate or assist in any
PD 1602 Simplifying and providing stiffer penalties for violation of the form of child pornography;
Philippine Gambling Law Amended by RA 9287 (h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
CHAPTER II. Crimes Against Decency and Customs (j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in this
• Article 200. Grave scandal ELEMENTS: section. Conspiracy to commit any form of child pornography shall be
 Offender performs a highly scandalous act offending decency or committed when two (2) or more persons come to an agreement
good customs concerning the commission of any of the said prohibited acts and decide
 Highly scandalous conduct is not expressly found in any article of to commit it; and
the RPC (l) To possess any form of child pornography.
 The act complained of be committed in a public place or within the Section 5. Syndicated Child Pornography - The crime of child
public knowledge or view pornography is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with
Grave Scandal Alarms and Scandal one another and shall be punished under Section 15(a) of this Act.
Offensive to decency and customs Must disturb public peace
CRIME OF LAST RESORT
• RA 9995 ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009
• Article 201. Immoral doctrines, obscene publications and exhibitions Section 3. (d) "Photo or video voyeurism" means the act of taking
ACTS PUNISHABLE: photo or video coverage of a person or group of persons performing
 Publicly expound or proclaim doctrines openly contrary to public sexual act or any similar activity or of capturing an image of the private
morals area of a person or persons without the latter's consent, under
 Selling obscene literature (Persons liable: authors, editors, owners circumstances in which such person/s has/have a reasonable
of the establishment selling the same) expectation of privacy, or the act of selling, copying, reproducing,
 Showing of immoral shows broadcasting, sharing, showing or exhibiting the photo or video
 Selling of sculptures or literature offensive to public morals coverage or recordings of such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar means or device
There must be PUBLICITY: act done must come to the knowledge of without the written consent of the person/s involved, notwithstanding
third persons. that consent to record or take photo or video coverage of same was
given by such person's.
Section 4. Prohibited Acts Section 4. Acts of Trafficking in Persons. – It shall be unlawful for any
person, natural or juridical, to commit any of the following acts:
(a) To take photo or video coverage of a person or group of persons (a) To recruit, transport, transfer; harbor, provide, or receive a person by
performing sexual act or any similar activity or to capture an image any means, including those done under the pretext of domestic or
of the private area of a person/s such as the naked or undergarment overseas employment or training or apprenticeship, for the purpose of
clad genitals, public area, buttocks or female breast without the prostitution, pornography, sexual exploitation, forced labor, slavery,
consent of the person/s involved and under circumstances in which involuntary servitude or debt bondage;
the person/s has/have a reasonable expectation of privacy; (b) To introduce or match for money, profit, or material, economic or other
(b) To copy or reproduce, or to cause to be copied or reproduced, consideration, any person or, as provided for under Republic Act No. 6955,
such photo or video or recording of sexual act or any similar activity any Filipino woman to a foreign national, for marriage for the purpose of
with or without consideration; acquiring, buying, offering, selling or trading him/her to engage in
(c) To sell or distribute, or cause to be sold or distributed, such photo prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
or video or recording of sexual act, whether it be the original copy
(c) To offer or contract marriage, real or simulated, for the purpose of
or reproduction thereof; or
acquiring, buying, offering, selling, or trading them to engage in
(d) To publish or broadcast, or cause to be published or broadcast, prostitution, pornography, sexual exploitation, forced labor or slavery,
whether in print or broadcast media, or show or exhibit the photo involuntary servitude or debt bondage;
or video coverage or recordings of such sexual act or any similar (d) To undertake or organize tours and travel plans consisting of tourism
activity through VCD/DVD, internet, cellular phones and other packages or activities for the purpose of utilizing and offering persons for
similar means or device. prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
• Article 202. [Vagrancy and] Prostitutes or the purposes of this article, (f) To adopt or facilitate the adoption of persons for the purpose of
women who, for money or profit, habitually indulge in sexual prostitution, pornography, sexual exploitation, forced labor, slavery,
intercourse or lascivious conduct, are deemed to be prostitutes. involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat
RA 10158 AN ACT DECRIMINALIZING VAGRANCY or use of force, fraud, deceit, violence, coercion, or intimidation for the
purpose of removal or sale of organs of said person; and
• RA 9208 Anti-Trafficking in Persons Act of 2003 as amended by RA (h) To recruit, transport or adopt a child to engage in armed activities in
10364 the Philippines or abroad.
Section 3(a) Trafficking in Persons – refers to the recruitment,
obtaining, hiring, providing, offering, transportation, transfer, Section 5. Acts that Promote Trafficking in Persons. – The following acts
maintaining, harboring, or receipt of persons with or without the which promote or facilitate trafficking in persons, shall be unlawful:
victim’s consent or knowledge, within or across national borders by (a) To knowingly lease or sublease, use or allow to be used any house,
means of threat, or use of force, or other forms of coercion, abduction, building or establishment for the purpose of promoting trafficking in
fraud, deception, abuse of power or of position, taking advantage of persons;
(b) To produce, print and issue or distribute unissued, tampered or fake
the vulnerability of the person, or, the giving or receiving of payments
counseling certificates, registration stickers and certificates of any
or benefits to achieve the consent of a person having control over
government agency which issues these certificates and stickers as proof of
another person for the purpose of exploitation which includes at a compliance with government regulatory and pre-departure requirements
minimum, the exploitation or the prostitution of others or other forms for the purpose of promoting trafficking in persons;
of sexual exploitation, forced labor or services, slavery, servitude or (c) To advertise, publish, print, broadcast or distribute, or cause the
the removal or sale of organs. advertisement, publication, printing, broadcasting or distribution by any
The recruitment, transportation, transfer, harboring, adoption or means, including the use of information technology and the internet, of
receipt of a child for the purpose of exploitation or when the adoption any brochure, flyer, or any propaganda material that promotes trafficking
is induced by any form of consideration for exploitative purposes shall in persons;
also be considered as ‘trafficking in persons’ even if it does not involve (d) To assist in the conduct of misrepresentation or fraud for purposes of
any of the means set forth in the preceding paragraph. facilitating the acquisition of clearances and necessary exit documents
from government agencies that are mandated to provide pre-departure
(d) Forced Labor – refers to the extraction of work or services from any registration and services for departing persons for the purpose of
person by means of enticement, violence, intimidation or threat, use of, promoting trafficking in persons;
force or coercion, including deprivation of freedom, abuse of authority or (e) To facilitate, assist or help in the exit and entry of persons from/to the
moral ascendancy, debt-bondage or deception including any work or country at international and local airports, territorial boundaries and
service extracted from any person under the menace of penalty. seaports who are in possession of unissued, tampered or fraudulent travel
(e) Slavery – refers to the status or condition of a person over whom any documents for the purpose of promoting trafficking in persons;
or all of the powers attaching to the right of ownership are exercised. (f) To confiscate, conceal, or destroy the passport, travel documents, or
(f) Involuntary Servitude – refers to a condition of enforced and personal documents or belongings of trafficked persons in furtherance of
compulsory service induced by means of any scheme, plan or pattern, trafficking or to prevent them from leaving the country or seeking redress
intended to cause a person to believe that if he or she did not enter into from the government or appropriate agencies; and
or continue in such condition, he or she or another person would suffer (g) To knowingly benefit from, financial or otherwise, or make use of, the
serious harm or other forms of abuse or physical restraint, or threat of labor or services of a person held to a condition of involuntary servitude,
abuse or harm, or coercion including depriving access to travel documents forced labor, or slavery.
and withholding salaries, or the abuse or threatened abuse of the legal
process. Section. 4-A. Attempted Trafficking in Persons. – Where there are acts
(g) Sex Tourism – refers to a program organized by travel and tourism- to initiate the commission of a trafficking offense but the offender
related establishments and individuals which consists of tourism packages failed to or did not execute all the elements of the crime, by accident
or activities, utilizing and offering escort and sexual services as enticement or by reason of some cause other than voluntary desistance, such
for tourists. This includes sexual services and practices offered during rest overt acts shall be deemed as an attempt to commit an act of
and recreation periods for members of the military. trafficking in persons. As such, an attempt to commit any of the
(h) Sexual Exploitation – refers to participation by a person in prostitution, offenses enumerated in Section 4 of this Act shall constitute
pornography or the production of pornography, in exchange for money, attempted trafficking in persons.
profit or any other consideration or where the participation is caused or
facilitated by any means of intimidation or threat, use of force, or other Section. 4-B. Accomplice Liability. – Whoever knowingly aids, abets,
forms of coercion, abduction, fraud, deception, debt bondage, abuse of cooperates in the execution of the offense by previous or
power or of position or of legal process, taking advantage of the simultaneous acts defined in this Act shall be punished in accordance
vulnerability of the person, or giving or receiving of payments or benefits with the provisions of Section 10(c) of this Act.
to achieve the consent of a person having control over another person; or
in sexual intercourse or lascivious conduct caused or facilitated by any Section. 4-C. Accessories. – Whoever has the knowledge of the
means as provided in this Act. commission of the crime, and without having participated therein,
(i) Debt Bondage – refers to the pledging by the debtor of his/her personal either as principal or as accomplices, take part in its commission in any
services or labor or those of a person under his/her control as security or of the following manners:
payment for a debt, when the length and nature of services is not clearly
defined or when the value of the services as reasonably assessed is not (a) By profiting themselves or assisting the offender to profit by the
applied toward the liquidation of the debt. effects of the crime;
(b) By concealing or destroying the body of the crime or effects or TITLE VII CRIMES COMMITTED BY PUBLIC OFFICERS
instruments thereof, in order to prevent its discovery; CHAPTER I. Preliminaries
(c) By harboring, concealing or assisting in the escape of the
principal of the crime, provided the accessory acts with abuse of his • Article 203. Who are Public Officers—Any person who by:
or her public functions or is known to be habitually guilty of some  Direct provision of the law
other crime.  Popular Election
 Appointment by competent authority
Section 6. Qualified Trafficking in Persons. – The following are
considered as qualified trafficking: (1) Shall take part in the performance of public functions in the GRP, or
(2) Shall perform in said government or in any of its branches public
(a) When the trafficked person is a child; duties as an employee, agent or subordinate, of any rank or class
(b) When the adoption is effected through Republic Act No. 8043,
otherwise known as the “Inter-Country Adoption Act of 1995” and said Malfeasance- performance of some act which ought not to be done
adoption is for the purpose of prostitution, pornography, sexual Misfeasance- doing of a lawful act in an unlawful manner
exploitation, forced labor, slavery, involuntary servitude or debt Nonfeasance- omission of an act which ought to be done
bondage;
(c) When the crime is committed by a syndicate, or in large scale. CHAPTER II. Malfeasance and Misfeasance in Office
Trafficking is deemed committed by a syndicate if carried out by a
• Article 204. Knowingly Rendering Unjust Judgment ELEMENTS:
group of three (3) or more persons conspiring or confederating with
one another. It is deemed committed in large scale if committed  Offender is a Judge
against three (3) or more persons, individually or as a group;  He renders a decision in a case submitted to him for judgment
(d) When the offender is an ascendant, parent, sibling, guardian or a  Judgment is unjust
person who exercises authority over the trafficked person or when the  He has knowledge that the decision is unjust
offense is committed by a public officer or employee;
Judgment- consideration and determination of the issue presented
(e) When the trafficked person is recruited to engage in prostitution
before the court
with any member of the military or law enforcement agencies;
Unjust Judgment- one which is contrary to law or is not supported by
(f) When the offender is a member of the military or law enforcement
the evidence or merit
agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, UNJUST JUDGMENT may result from:
the offended party dies, becomes insane, suffers mutilation or is
afflicted with Human Immunodeficiency Virus (HIV) or the Acquired  Error (with Bad Faith)
Immune Deficiency Syndrome (AIDS).  Ill-will or Revenge
 Bribery
Section 11. Use of Trafficked Persons (Penalized)
Dela Cruz vs Concepcion
Section. 26-A. Extra-Territorial Jurisdiction. – The State shall exercise
There is no liability at all for a mere error. A Judge cannot be held to
jurisdiction over any act defined and penalized under this Act, even if
account or answer, criminally, civilly, or administratively, for an
committed outside the Philippines and whether or not such act or acts
erroneous decision rendered by him in good faith.
constitute an offense at the place of commission, the crime being a
continuing offense, having been commenced in the Philippines and In Re: Verified Complaint for Disbarment of AMA Land Inc. vs CA
other elements having been committed in another country, if the Justices
suspect or accused: The term knowingly means "sure knowledge, conscious and deliberate
intention to do an injustice."
(a) Is a Filipino citizen; or
(b) Is a permanent resident of the Philippines; or • Article 205. Judgment Rendered Through Negligence ELEMENTS:
(c) Has committed the act against a citizen of the Philippines.  Offender is a Judge
 He renders judgment submitted to him for decision
People vs Casio
The elements of trafficking in persons can be derived from its  Judgment is manifestly unjust
definition under Section 3(a) of Republic Act No. 9208, thus:  Due to his inexcusable negligence or ignorance

(1) The act of "recruitment, transportation, transfer or harbouring, or Manifestly Unjust Judgment: manifestly contrary to law, that even a
receipt of persons with or without the victim’s consent or knowledge, person having a meager knowledge of the law cannot doubt the
within or across national borders." injustice.
(2) The means used which include "threat or use of force, or other
Cortes vs Cabral
forms of coercion, abduction, fraud, deception, abuse of power or of
Unjust judgment is merely the result of inexcusable negligence or
position, taking advantage of the vulnerability of the person, or, the
ignorance of the law. The ignorance here may refer to substantive or
giving or receiving of payments or benefits to achieve the consent of a
procedural law. There must be an apparent and notorious
person having control over another; and
manifestation of lack of logic and false interpretation of the law.
(3) The purpose of trafficking is exploitation which includes
"exploitation or the prostitution of others or other forms of sexual • Article 206. Unjust Interlocutory Order
exploitation, forced labor or services, slavery, servitude or the removal
 Offender is a Judge
or sale of organs."
 He (1) knowingly renders unjust interlocutory order or decree, or
People vs Hirang (2) renders unjust interlocutory order or decree through
Hirang argued that he was merely instigated to commit the offense, inexcusable negligence or ignorance
but even such defense deserves scant consideration. It has been
Interlocutory order is one that is issued when the case is still pending
established by the prosecution that Hirang has been engaged in the
for final determination. It refers to issues that need to be resolved
illegal activities leading young women to prostitution, and the police
before judgment is rendered. It is a ruling not on the merits of the case
officers merely employed means for his capture. Trafficking of women
but on a collateral issue.
was his habitual trade; he was merely entrapped by authorities.36
Entrapment is an acceptable means to capture a wrongdoer. Loyola vs Judge Gabo
It is a settled doctrine that for a judge to be held liable for knowingly
PD 1563 Mendicacy Law of 1978
rendering an unjust judgment, it must be established beyond cavil that
Section 3.a. "Mendicant" refers to any person, except those the judgment adverted to is unjust, contrary to law or unsupported by
enumerated in Section 4 of this Decree, who has no visible and legal the evidence, and that the same was rendered with conscious and
means of support, or lawful employment and who is physically able to deliberate intent to do an injustice. In other words, the quantum of
work but neglects to apply himself to some lawful calling and instead proof required to hold respondent judge guilty for alleged violations of
uses begging as a means of living.
Section 3 (e) of R.A. 3019 and Article 206 of the Revised Penal Code, is  By agreeing to refrain, or by refraining, from doing something
proof beyond reasonable doubt. which it is his official duty to do, in consideration of gift or
promise.
Respondent judge was acting upon a case of murder punishable by Direct Bribery Indirect Bribery
reclusion perpetua to death. Murder being a capital offense, Public officer must do Such consideration is not
respondent judge should have been mindful that bail cannot be something in consideration of necessary
allowed as a matter of right. the gift
Mere agreement consummates Officer accepts the gift to
Monticalbo vs Maraya the crime consummate the crime
Respondent judge can be held liable for gross ignorance of the law if it There is no frustrated stage, only attempted and consummated in the
can be shown that he committed an error so gross and patent as to crime of Direct Bribery
produce an inference of bad faith.
• Article 211. Indirect Bribery Gift is given by reason of his office, not in
Araullo vs Ombudsman consideration thereof. ELEMENTS:
Specifically for the charge of violation of Article 206 of the RPC which  Offender is a public official
penalizes the issuance of unjust interlocutory orders, it was necessary  He accepts gifts
to show that, first, the orders issued by the respondents to his  Gifts are offered by reason of his office
complaint were unjust, and second, the said orders were knowingly
rendered or rendered through inexcusable negligence or ignorance. There is no attempted much less frustrated in the crime of Indirect
On this matter, the Office of the Ombudsman correctly held that LA Bribery.
Anni’s order for the quashal of the writ of execution, and the NLRC’s • Article 211-A. Qualified Bribery ELEMENTS:
resolution affirming it, were not unjust. Contrary to Araullo’s claim, the  Offender is a public officer entrusted with law enforcement;
rulings of the labor officials were in accordance with law and the rules  He refrains from arresting or prosecuting an offender who has
of the NLRC, specifically since Rule XI, Section 4 of the 2005 NLRC committed a crime;
Revised Rules of Procedure.  Offender has committed a crime punishable by reclusion
perpetua and/or death;
• Article 207. Malicious Delay in the Administration of Justice ELEMENTS:  Offender refrains from arresting or prosecuting in consideration
 Offender is a Judge of any offer, promise, gift, or present.
 There is a proceeding in his court
 He delays the administration of justice Note that the penalty is qualified if the public officer is the one who
 Delay is malicious (with deliberate intent to inflict damage) asks or demands such present.

De Vara vs Pelayo • Article 212. Corruption of Public Officials ELEMENTS:


The determination of whether a judge has maliciously delayed the  Offender makes offers or promises or gives gifts or presents to a
disposition of the case is also an exclusive judicial function. public officer (giver is punished)
 Offers or promises are made or the gifts or presents given to a
• Article 208. Prosecution of the Offenses; Negligence and Tolerance public officer liable for direct bribery or indirect bribery
ACTS PUNISHABLE:
• PD 46 MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND
 Maliciously refraining from instituting prosecution against
EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS TO GIVE, GIFTS
violators of the law
ON ANY OCCASION, INCLUDING CHRISTMAS
 Maliciously tolerating the commission of the offense
Giver and receiver are both punished
PREVARICACION: negligence and tolerance in the prosecution of an
• PD 749 GRANTING IMMUNITY FROM PROSECUTION TO GIVERS OF
offense.
BRIBES AND OTHER GIFTS AND TO THEIR ACCOMPLICES IN BRIBERY
WHO CAN BE THE OFFENDERS: officer of the law includes all those who AND OTHER GRAFT CASES AGAINST PUBLIC OFFICERS
by reason of the position held by them, are duty-bound to cause the
Before the bribe giver may be dropped from the information he has to
prosecution and punishment of the offenders.
be charged first with the receiver.
• Article 209. Betrayal of Trust by an Attorney or Solicitor—Revelation of
Immunity is given to the bribe giver provided that he:
Secrets ACTS PUNISHABLE
 Causing prejudice to his client (damage is necessary), either: 1. He voluntarily discloses the transaction he had with the public
o By any malicious breach of professional duty; or officer constituting direct or indirect bribery or any other corrupt
o By inexcusable negligence or ignorance. transaction.
 Revealing any of the secrets of his client learned by him in his 2. He must readily testify against the public officer involved in the
professional capacity (damage is not necessary); case.
 Undertaking the defense of the opposing party in the same case,
without the consent of his first client, after having received 5 conditions to be met:
confidential information from said client
1. The information must refer to consummated violations of any of
People vs Sandiganbayan the above-mentioned provisions of law, rules and regulations;
If the client seeks his lawyers advice with respect to a crime that the 2. The information and testimony are necessary for the conviction
former has theretofore committed, he is given the protection of a of the accused public officer;
virtual confessional seal which the attorney-client privilege declares 3. Such information and testimony are not yet in the possession of
cannot be broken by the attorney without the clients consent. The the State;
same privileged confidentiality, however, does not attach with regard 4. Such information and testimony can be corroborated on its
to a crime which a client intends to commit thereafter or in the future material points; and
and for purposes of which he seeks the lawyers advice. 5. The informant or witness has not been previously convicted of a
crime involving moral turpitude.
• Article 210. Direct Bribery ACTS PUNISHABLE:
• RA 7080 CRIME OF PLUNDER
 By agreeing to perform, or by performing, in consideration of any
offer, promise, gift or present – an act constituting a crime, in Section 1 (d) Ill-gotten wealth means any asset, property, business
connection with the performance of his official duties. enterprise or material possession of any person within the purview of
 By accepting a gift in consideration of the execution of an act Section Two (2) hereof, acquired by him directly or indirectly through
which does not constitute a crime, in connection with the dummies, nominees, agents, subordinates and/or business associates
performance of his official duty. by any combination or series of the following means or similar
schemes:
1) Through misappropriation, conversion, misuse, or malversation of (c) Directly or indirectly requesting or receiving any gift, present or other
public funds or raids on the public treasury; pecuniary or material benefit, for himself or for another, from any person
2) By receiving, directly or indirectly, any commission, gift, share, for whom the public officer, in any manner or capacity, has secured or
percentage, kickbacks or any other form of pecuniary benefit from any obtained, or will secure or obtain, any Government permit or license, in
person and/or entity in connection with any government contract or consideration for the help given or to be given, without prejudice to
project or by reason of the office or position of the public officer Section thirteen of this Act.
concerned; (d) Accepting or having any member of his family accept employment in a
3) By the illegal or fraudulent conveyance or disposition of assets belonging private enterprise which has pending official business with him during the
to the National Government or any of its subdivisions, agencies or pendency thereof or within one year after its termination.
instrumentalities or government-owned or –controlled corporations and (e) Causing any undue injury to any party, including the Government, or
their subsidiaries; giving any private party any unwarranted benefits, advantage or
4) By obtaining, receiving or accepting directly or indirectly any shares of preference in the discharge of his official administrative or judicial
stock, equity or any other form of interest or participation including functions through manifest partiality, evident bad faith or gross
promise of future employment in any business enterprise or undertaking; inexcusable negligence. This provision shall apply to officers and
5) By establishing agricultural, industrial or commercial monopolies or employees of offices or government corporations charged with the grant
other combinations and/or implementation of decrees and orders of licenses or permits or other concessions.
intended to benefit particular persons or special interests; or
6) By taking undue advantage of official position, authority, relationship, Sison vs People
connection or influence to unjustly enrich himself or themselves at the To be found guilty under sec 3(e), the following elements must concur:
expense and to the damage and prejudice of the Filipino people and the (1) The offender is a public officer;
Republic of the Philippines. (2) The act was done in the discharge of the public officer’s official,
administrative or judicial functions;
Section 2. as amended by RA 7659. Definition of the Crime of Plunder;
(3) The act was done through manifest partiality, evident bad faith, or
Penalties – Any public officer who, by himself or in connivance with
gross inexcusable negligence; and
members of his family, relatives by affinity or consanguinity, business (4) The public officer caused any undue injury to any party, including
associates, subordinates or other persons, amasses, accumulates or
the Govt, or gave any unwarranted benefits, advantage or preference.
acquires ill-gotten wealth through a combination or series of overt or
criminal acts as described in Section 1(d) hereof, in the aggregate (f) Neglecting or refusing, after due demand or request, without sufficient
amount or total value of at least fifty million pesos (P50,000,000.00), justification, to act within a reasonable time on any matter pending before
shall be guilty of the crime of plunder and shall be punished by him for the purpose of obtaining, directly or indirectly, from any person
reclusion perpetua to death with perpetual absolute disqualification interested in the matter some pecuniary or material benefit or advantage,
from holding any public office. or for the purpose of favoring his own interest or giving undue advantage
in favor of or discriminating against any other interested party.
Plunder is a crime Mala in se: it requires criminal intent (Estrada vs SB) (g) Entering, on behalf of the Government, into any contract or transaction
manifestly and grossly disadvantageous to the same, whether or not the
Estrada vs Sandiganbayan public officer profited or will profit thereby.
Plunder is a malum in se, requiring proof of criminal intent. Precisely (h) Director or indirectly having financing or pecuniary interest in any
because the constitutive crimes are mala in se the element of mens business, contract or transaction in connection with which he intervenes
rea must be proven in a prosecution for plunder. It is noteworthy that or takes part in his official capacity, or in which he is prohibited by the
the amended information alleges that the crime of plunder was Constitution or by any law from having any interest.
committed "willfully, unlawfully and criminally." It thus alleges guilty (i) Directly or indirectly becoming interested, for personal gain, or having a
knowledge on the part of petitioner. material interest in any transaction or act requiring the approval of a
board, panel or group of which he is a member, and which exercises
Serapio vs Sandiganbayan discretion in such approval, even if he votes against the same or does not
Bail cannot be availed of where accused is entitled to bail not as a participate in the action of the board, committee, panel or group.
matter of right but on the discretion of the court and the latter has not Interest for personal gain shall be presumed against those public officers
abused such discretion in refusing to grant bail, or has not even responsible for the approval of manifestly unlawful, inequitable, or
exercised said discretion. The proper recourse is to file an application irregular transaction or acts by the board, panel or group to which they
for bail with the court where the criminal case is pending and to allow belong.
hearings thereon to proceed. (j) Knowingly approving or granting any license, permit, privilege or benefit
in favor of any person not qualified for or not legally entitled to such
Wellex vs Sandiganbayan license, permit, privilege or advantage, or of a mere representative or
While this Court has time and again affirmed that the Sandiganbayan dummy of one who is not so qualified or entitled.
has jurisdiction over the civil aspect of criminal cases, the case before (k) Divulging valuable information of a confidential character, acquired by
the trial court does not involve the civil aspect of Criminal Case No. his office or by him on account of his official position to unauthorized
26558. The same has nothing to do with the ownership of the IMA persons, or releasing such information in advance of its authorized release
date.
Account and/or any of its financial assets, which, as ·stated above, has
The person giving the gift, present, share, percentage or benefit referred
been adjudged forfeited in favor of the State. Said case is an ordinary
to in subparagraphs (b) and (c); or offering or giving to the public officer
civil case entailing the propriety of the actions of a creditor in
the employment mentioned in subparagraph (d); or urging the divulging or
proceeding against the security for its loan, which necessitates the untimely release of the confidential information referred to in
application of the provisions of the Civil Code, therefore falling under subparagraph (k) of this section shall, together with the offending public
the exclusive jurisdiction of the Regional Trial Courts. officer, be punished under Section nine of this Act and shall be
permanently or temporarily disqualified in the discretion of the Court,
• RA 3019 Anti-Graft and Corrupt Practices Act from transacting business in any form with the Government.
Receiving any gift Must be manifestly excessive (Section 2)
Section 4. Prohibition on private individuals.
Section 3. Corrupt practices of public officers. In addition to acts or (a) It shall be unlawful for any person having family or close personal
omissions of public officers already penalized by existing law, the relation with any public official to capitalize or exploit or take
following shall constitute corrupt practices of any public officer and advantage of such family or close personal relation by directly or
are hereby declared to be unlawful: indirectly requesting or receiving any present, gift or material or
pecuniary advantage from any other person having some business,
(a) Persuading, inducing or influencing another public officer to perform transaction, application, request or contract with the government, in
an act constituting a violation of rules and regulations duly promulgated which such public official has to intervene. Family relation shall include
by competent authority or an offense in connection with the official duties
the spouse or relatives by consanguinity or affinity in the third civil
of the latter, or allowing himself to be persuaded, induced, or influenced
degree. The word "close personal relation" shall include close personal
to commit such violation or offense.
friendship, social and fraternal connections, and professional
(b) Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for himself or for any other person, in connection employment all giving rise to intimacy which assures free access to
with any contract or transaction between the Government and any other such public officer.
part, wherein the public officer in his official capacity has to intervene (b) It shall be unlawful for any person knowingly to induce or cause any
under the law. public official to commit any of the offenses defined in Section 3
hereof.
Section 5. Prohibition on certain relatives. [General Rule] It shall be
unlawful for the spouse or for any relative, by consanguinity or affinity,
within the third civil degree, of the President of the Philippines, the
Vice-President of the Philippines, the President of the Senate, or the
Speaker of the House of Representatives, to intervene, directly or
indirectly, in any business, transaction, contract or application with the
Government.

Section 8. Dismissal due to unexplained wealth. If in accordance with


the provisions of Republic Act Numbered One thousand three hundred
seventy-nine, [prima facie evidence] a public official has been found to
have acquired during his incumbency, whether in his name or in the
name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful
income, that fact shall be a ground for dismissal or removal. Properties
in the name of the spouse and unmarried children of such public
official may be taken into consideration, when their acquisition
through legitimate means cannot be satisfactorily shown. Bank
deposits shall be taken into consideration in the enforcement of this
section, notwithstanding any provision of law to the contrary.

Preventive Suspension

Deloso vs Sandiganbayan
The Supreme Court ruled that henceforth a preventive suspension of
an elective public officer under Section 13 of Republic Act 3019 should
be limited to the ninety (90) days under Section 42 of Presidential
Decree No. 807, the Civil Service Decree, which period also appears
reasonable and appropriate under the circumstances of this case.

Conspiracy by Silence or Inaction

Jaca et al. vs People


Conspiracy of silence and inaction arising from gross inexcusable
negligence would almost always be inferred only from the surrounding
circumstances and the parties acts or omissions that, taken together,
indicate a common understanding and concurrence of sentiments
respecting the commission of the offense. The duties and
responsibilities that the occupancy of a public office carry and the
degree of relationship of interdependence of the different offices
involved here determine the existence of conspiracy where gross
inexcusable negligence was the mode of commission of the offence.
The petitioners’ attitude of buck-passing in the face of the
irregularities in the voucher (and the absence of supporting
documents), as established by the prosecution, and their indifference
to their individual and collective duties to ensure that laws and
regulations are observed in the disbursement of the funds of the local
government of Cebu can only lead to a finding of conspiracy of silence
and inaction.

“BUCK-PASSING” is the practice of shifting the responsibility for


something to someone else.

Arias Doctrine All heads of offices have to rely to a reasonable extent


'on their subordinates and on the good faith of those prepare bids,
purchase supplies, or enter into negotiations.

RA 10910 AN ACT INCREASING THE PRESCRIPTIVE PERIOD FOR


VIOLATIONS OF REPUBLIC ACT NO. 3019, OTHERWISE KNOWN AS THE
“ANTI-GRAFT AND CORRUPT PRACTICES ACT”, FROM FIFTEEN (15)
YEARS TO TWENTY (20) YEARS, AMENDING SECTION 11 THEREOF

People vs Romualdez
Besides, the only proceeding that could interrupt the running of
prescription is that which is filed or initiated by the offended party
before the appropriate body or office.

• RA 8429 Section 4. Section 4 of the same decree is hereby further


amended to read as follows:

"a. Violations of Republic Act No. 3019, as amended, otherwise known


as the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and
Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where
one or more of the accused are officials occupying the following
positions in the government whether in a permanent, acting or interim
capacity, at the time of the commission of the offense:
"(1) Officials of the executive branch occupying the positions of
regional director and higher, otherwise classified as Grade '27' and
higher, of the Compensation and Position Classification Act RA 6758e

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