CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto

b) or the taking away of the whole or part thereof or its

cargo, equipment, or the personal belongings of its complement
1. Crimes Against National Security (Arts. 114-123) or passengers;

1.1 Anti-Piracy and Anti-Highway Robbery (PD 532) (p.729) 2. Irrespective of the value thereof; 3. By means of violence
against or intimidation of persons or force upon things; and 4.
 Definition of Terms Committed by any person, including a passenger or member of
the complement of said vessel, in Philippine waters.
* Philippine Waters. It shall refer to all bodies of water, such as but
not limited to, seas, gulfs, bays around, between and connecting each * Highway Robbery/ Brigandage (PD 532)
of the Islands of the Philippine Archipelago, irrespective of its depth,
breadth, length or dimension, and all other waters belonging to the The seizure of any person for:
Philippines by historic or legal title, including territorial sea, the sea- • ransom;
bed, the insular shelves, and other submarine areas over which the • extortion; or
Philippines has sovereignty or jurisdiction. • other unlawful purposes or the taking away of the property of
* Vessel. Any vessel or watercraft used for transport of passengers another by means of violence against or intimidation of persons
and cargo from one place to another through Philippine Waters. It or force upon things or other unlawful means, committed by any
shall include all kinds and types of vessels or boats used in fishing. person on any Philippine highway.
* Philippine Highway. It shall refer to any road, street, passage,
highway and bridges or other parts thereof, or railway or railroad  Additional Notes
within the Philippines used by persons, or vehicles, or locomotives or
trains for the movement or circulation of persons or transportation of PD 532 (Piracy) RPC Art. 122 (Piracy)
goods, articles, or property or both. committed only within committed aboard a
* Piracy. Any attack upon or seizure of any vessel, or the taking Philippine territorial waters vessel in the high seas or
away of the whole or part thereof or its cargo, equipment, or the Philippine waters
personal belongings of its complement or passengers, irrespective of even passengers and can only be committed by
the value thereof, by means of violence against or intimidation of members of the outsiders, not member of
persons or force upon things, committed by any person, including a complement can commit it the complement or
passenger or member of the complement of said vessel, in Philippine passengers
waters, shall be considered as piracy. The offenders shall be
considered as pirates and punished as hereinafter provided. Robbery on the high Piracy
* Highway Robbery/Brigandage. The seizure of any person for seas
ransom, extortion or other unlawful purposes, or the taking away of the offender is a member the offender is an outside
the property of another by means of violence against or intimidation of of the complement or a
person or force upon things of other unlawful means, committed by passenger of the vessel.
any person on any Philippine Highway.

 Punishable Acts
1.2 Anti-Hijacking Law (PD 6235) (p.38)
* Piracy within Philippine Waters (PD 532)
1.2.1 Punishable Acts
ELEMENTS:
(1) usurping or seizing control of an aircraft of Philippine registry
1. a) Any attack or seizure of any vessel,
while it is in flight,

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References: Bedan MemAid, Reyes 2012, internet
CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto
compelling the pilots thereof to change the course or destination of the
aircraft;
(2) usurping or seizing control of an aircraft of foreign registry while
within Philippine territory,
compelling the pilots thereof to land in any part of Philippine territory;
(3) carrying or loading on board an aircraft operating as a public
utility passenger aircraft in
the Philippines, any flammable, corrosive, explosive, or poisonous
substance; and
(4) loading, shipping, or transporting on board a cargo aircraft
operating as a public utility in
the Philippines, any flammable, corrosive, explosive, or poisonous
substance if this was
done not in accordance with the rules and regulations set and
promulgated by the Air
Transportation Office on this matter.
thereby sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand shall be guilty of the
crime of terrorism and shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as provided for under Act
No. 4103, otherwise known as the Indeterminate Sentence Law, as
amended.
2. Crimes Against Fundamental Laws of the State (Arts. 124-
133)
2.1 Human Security Act of 2007 (RA 9372) (p.88)
2.1.1 Period of detention

1.3 Human Security Act of 2007 (RA 9372) (p.88) SEC. 18. Period of Detention Without Judicial Warrant of
Arrest. -
1.3.1 Punishable acts of Terrorism / Who are liable
A. The three (3) day period is counted from the moment the person
charged or suspected as terrorist has been apprehended or arrested,
Any person who commits an act punishable under any of the
detained and taken into custody
following provisions of the Revised Penal Code:
B. In the event of an actual or imminent terrorist attack, suspects
a. Article 122 (Piracy in General and Mutiny in the High Seas or in
may not be detained for more than three days without the written
the Philippine Waters);
approval of the Human Rights Commission, or judge of the MTC RTC,
b. Article 134 (Rebellion or Insurrection);
Sandiganbayan or Court of Appeals nearest the place of arrest
c. Article 134-a (Coup d' Etat), including acts committed by private
persons;
C. If arrest was on a nonworking day or hour, the person arrested
d. Article 248 (Murder);
shall be brought to the residence of any of the above named officials
e. Article 267 (Kidnapping and Serious Illegal Detention);
nearest the place of arrest.
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
D. Failure to deliver the person charged or suspected as terrorists
2. Republic Act No. 6969 (Toxic Substances and
to the proper judicial; authority within three days is punished by 10
Hazardous and Nuclear Waste Control Act of 1990);
years and one day to 12 years.
3. Republic Act No. 5207, (Atomic Energy Regulatory and
Liability Act of 1968); 2.2 Anti-Torture Act of 2009 (RA 9745)
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti- 2.2.1 Punishable Acts (Sec. 4)
Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree ACTS OF TORUTURE (include, but not limited to: )
Codifying the Laws on Illegal and Unlawful Possession, 2.2.1.1 Physical Torture – a form of treatment or punishment inflicted by a person in
Manufacture, Dealing in, Acquisition or Disposition of Firearms, authority or agent of a person in authority upon another in his/her custody that causes
Ammunitions or Explosives)

2
References: Bedan MemAid, Reyes 2012, internet
CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto
severe pain, exhaustion, disability or dysfunction of one or more parts of the body,
such as:
BRES2T-F2ED2-M2O
a. Cigarette Burning (burning by electrically heated rods, hot oil, acid; by
the rubbing of pepper or other chemical substances on mucous
membranes, or acids or spices directly on the wound(s)
b. Rape and sexual abuse, including the insertion of foreign objects into
the sex organ or rectum, or electrical torture of the genitals
c. Electric shock
d. Systematic beating, headbanging, punching, kicking, striking with
truncheon or rifle butt or other similar objects, and jumping on the
stomach
e. Submersion of the head in water or water polluted with excrement,
urine, vomit and/or blood until the brink of suffocation
f. Tying and forcing to assume fixed and stressful body position
g. Food deprivation or forcible feeding with spoiled food, animal or human
excreta and other stuff or substances not normally eaten
h. Fingernail pulling
i. Harmful Exposure to the elements such as sunlight and extreme cold
j. Dental torture (or forced extraction of teeth)
k. Use of psychoactive Drugs to change the perception, memory,
alertness, or will of a person, such as:
 administration or drugs to induce confession and/or reduce
mental competency
 use of drugs to induce extreme pain or certain symptoms of a
disease
l. Mutilation of essential body parts (genitalia, ear, tongue, etc.)
m. Use of Materials like plastic bag and others placed over the head to the
point of asphyxiation
n. Other analogous acts of physical torture
2.2.1.2 Mental/Psychological Torture – acts committed by a person in authority
or agent of a person in authority which are calculated to affect or confuse the mind
and/or undermine a person's dignity and morale, such as:
WIS3T2-C2OMB
a. Causing the torture sessions to be Witnessed by the person's family,
relatives or any third party
b. Prolonged Interrogation
c. Preparing a prisoner for a "Show trial", public display or public humiliation
of a detainee or prisoner
d. Sleep/Rest denial
References: Bedan MemAid, Reyes 2012, internet
e. Shame infliction (stripping naked, parading in public places, shaving
head, marking body against will)
f. Threatening a person/his relatives with bodily harm, execution, or other
wrongful acts
g. Causing unscheduled Transfer of a person deprived of liberty from one
place to another, creating the belief that he/she shall be summarily
executed
h. Confinement in solitary cells or secret detention places
i. Deliberately prohibiting the victim to Communicate with any member of
his/her family
j. Other analogous acts of mental/psychological torture
k. Maltreating member/s of a person’s family
l. Blindfolding
2.2.2 Who are liable (Sec. 13)
 Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading
treatment or punishment
 Those who cooperated in the execution of the act of torture or
other cruel, inhuman and degrading treatment or punishment
by previous or simultaneous acts shall be liable as principal
 Any superior military, police or law enforcement officer or
senior government official who issued an order to any lower
ranking personnel to commit torture for whatever purpose shall
be held equally liable as principals
 Immediate commanding officer of the unit concerned of the
AFP or the immediate senior public official of the PNP and
other law enforcement agencies for any act or omission or
negligence committed by him/her that led, assisted, abetted, or
allowed directly or indirectly, the commission of torture
 Commanding officer or senior public official who has
knowledge of or should have known that said act of being, or
has been committed by his subordinates or others within his
area of responsibility and despite such knowledge, did not take
preventive or corrective action or corrective action before,
during, or immediately after its commission, when he has the
authority to prevent or investigate allegations thereof but failed
to do so, whether deliberately or due to negligence shall also
be liable as principals
3. Crimes Against Public Order (Arts. 134-160)
3.1 Decree Codifying the Laws on Illegal/Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunition or Explosives (PD 1866, as amended by RA 8294, as
3
CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto
further amended by the Comprehensive Firearms and Ammunition
Regulation Act RA10591)
3.1.1 Standards and Requisites for Issuance of and Obtaining
a License to Own and Possess Firearms
(Sec 4, Art 2, RA 10591)
 Filipino citizen
 at least 21 y/o
 has gainful work/occupation/business/has filed ITR for the
preceding year as proof of
income/profession/business/occupation
 certification attesting:
(a) The applicant has not been convicted of any crime involving
moral turpitude*;
(b) The applicant has passed the psychiatric test administered by a
PNP-accredited psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an
accredited and authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is
administered by the PNP or a registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a
registered firearm which shall state the personal circumstances of
the applicant;
(f) The applicant must present a police clearance from the city or
municipality police office; and
(g) The applicant has not been convicted or is currently an accused
in a pending criminal case before any court of law for a crime that is
punishable with a penalty of more than two (2) years.
For purposes of this Act, an acquittal or permanent dismissal of a
criminal case before the courts of law shall qualify the accused
thereof to qualify and acquire a license.
* everything which is done contrary to justice, modesty, or good
morals; an act of baseness, vileness or depravity in the private and
social duties which a man owes his fellowmen, or to society in
general, contrary to justice, honesty, modesty or good morals
Permit to Carry Firearms Outside Residence (PTCFOR) Qualifications
(Sec 7, Art 2, RA 10591)
 license holder
 whose life is in imminent danger due to nature of
profession/occupation/business such as:
References: Bedan MemAid, Reyes 2012, internet
o PH Bar members
o CPAs
o Accredited Media Practitioners
o Cashiers/Bank Tellers
o Priests/Minister/Rabbis/Imams
o Physicians/Nurses
o Engineers
o Businessmen who by the nature of their undertaking
are exposed to high risk of being targets of criminal
elements
3.1.2 Grounds for Revocation, Cancellation or Suspension of
License or Permit
(a) Commission of a crime or offense involving the firearm,
ammunition, of major parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense
where the penalty carries an imprisonment of more than six (6)
years;
(c) Loss of the firearm, ammunition, or any parts thereof through
negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof
outside of residence or workplace without, the proper permit to
carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in
prohibited places;
(f) Dismissal for cause from the service in case of government
official and employee;
(g) Commission of any of the acts penalized under Republic Act
No. 9165, otherwise known as the "Comprehensive Dangerous
Drugs Act of 2002″;
(h) Submission of falsified documents or misrepresentation in the
application to obtain a license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
3.2 Human Security Act of 2007 (RA 9372) (p.88)
3.2.1 Punishable acts of terrorism (see p.2, 1.3.1)
3.2.2 Who are liable (see p.2, 1.3.1)
3.2.3 Absorption principle in relation to complex crimes
Common crimes are absorbed when committed for the
furtherance of rebellion and said common crimes cannot be
complexed with rebellion
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CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto
4.0 Crimes Against Public Interest (Arts. 161-187) 6. the transactions is in a way related to an unlawful
activity or offense under this Act that is about to be, is
4.1 Anti-Money Laundering Act (RA 9194) being or has been committed; or
4.1.1 Punishable acts 7. any transactions that is similar or analogous to any of
the foregoing.
(a) Knowing that any monetary instrument or property represents,
involves, or relates to, the proceeds of any unlawful activity,
transacts or attempts to transacts said monetary instrument or
property.

(b) Knowing that any monetary instrument or property involves the

proceeds of any unlawful activity, performs or fails to perform
any act as a result of which he facilitates the offense of money
laundering referred to in paragraph (a) above.

(c) Knowing that any monetary instrument or property is required

under this Act to be disclosed and filed with the Anti-Money
Laundering Council (AMLC), fails to do so."

4.1.2 Covered transactions - transactions in cash or other

equivalent monetary instrument involving a total amount in
excess of Five hundred thousand pesos (PhP 500,000.00)
within one (1) banking day.

4.1.3 Suspicious transactions - transactions with covered

institutions, regardless of the amounts involved, where any
of the following circumstances exist:

1. there is no underlying legal or trade obligation, purpose

or economic justification;
2. the client is not properly identified;
3. the amount involved is not commensurate with the
business or financial capacity of the client;
4. taking into account all known circumstances, it may be
perceived that the client's transaction is structured in order
to avoid being the subject of reporting requirements under
the Act;
5. any circumstances relating to the transaction which is
observed to deviate from the profile of the client and/or the
client's past transactions with the covered institution;

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References: Bedan MemAid, Reyes 2012, internet
CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto
5.0 Crimes Relative to Opium and Other Prohibited Drugs
5.1 The Comprehensive Dangerous Act of 2002 (RA 9165)
5.1.1 Punishable acts
1. Importation of dangerous drugs and/or controlled precursors
and essential chemicals (Section 4).
2. Sale, trading, administration, dispensation, delivery, distribution
and transportation of dangerous drugs and/or controlled
precursors and essential chemicals (Section 5).
3. Maintenance of a den, dive or resort. (Section 6)
4. Employment in and visiting a den, dive or resort (Section 7).
5. Manufacture of dangerous drugs and/or controlled precursors
and essential chemicals (Section 8).
6. Illegal chemical diversion of controlled precursors and essential
chemicals (Section 9).
7. Manufacture or delivery of equipment, instrument, apparatus
and other paraphernalia for dangerous drugs and/or controlled
precursors essential chemicals (Sec. 10).
8. Possession of dangerous drugs (Sec. 11).
9. Possession of equipment, instrument, apparatus and other
paraphernalia for dangerous drugs (Sec. 12).
10. Possession of dangerous drugs during parties, social
gatherings or meetings or in the proximate company of at least
2 persons (Sec. 13).
11. Possession of equipment, instrument, apparatus and other
paraphernalia for dangerous drugs during parties, social
gatherings or meetings or in the proximate company of at least
2 persons (Sec. 14).
12. Use of dangerous drugs (Sec. 15).
13. Cultivation or culture of plants classified as dangerous drugs
or are sources thereof (Sec. 16).
14. Failure to maintain and keep records of transactions on
dangerous drugs and/or controlled precursors and essential
References: Bedan MemAid, Reyes 2012, internet
chemicals (Sec. 17).
15. Unnecessary prescription of dangerous drugs (Sec. 18).
16. Unlawful prescription of dangerous drugs (Sec. 19).
5.1.2 Who are liable (check separate attachment from scribd)
5.1.3 Attempt or Conspiracy, Effect on liability
Still liable under ff. acts (Sec. 26):
 Importation (Sec. 4)
 Sale/Trade/Administration… (Sec. 5)
 Maintenance of DD den/dive/resort (Sec. 6)
 Manufacture (Sec. 8)
 Cultivation/culture of plants classified as DD or
sources of DD (Sec. 16)
5.1.4 Immunity from prosecution and punishment
Requisites (Sec. 33):
1. The accused should be prosecuted for violation of Sec.
7, 11, 12, 14, 15, and 19 of the said Act;
2. Voluntarily gives information of any of these acts: Sec.
4, 5, 6, 8, 10, 13, and 16; violation of any other provisions
of the Act if committed by a drug syndicate including any
information leading to the whereabouts, identities, and
arrests of any/ all of the syndicate members;
3. He willingly testifies against any of the individuals; and
4. His information and testimony has complied with the
following:
a. It is necessary for the conviction of the above
persons;
b. It is not yet in the possession of the State;
c. It can be substantially corroborated in his material
points;
d. The witness has not been convicted of a crime
involving moral turpitude except when there is no
other direct evidence available for his prosecution
other than the testimony of the witness;
e. The witness shall strictly and faithfully comply
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CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto
without delay with any conditions/ undertaking lawfully to the PDEA which shall destroy the same within 24 hours from
imposed by the State; its receipt.
f. The witness does not appear to be the most guilty; 10. The DDB shall be informed of the termination of the case.
and
g. There is no direct evidence available for the State 5.2 Implementing Rules and Regulations (IRR) of RA 9165
except for the testimony of the witness.

Grounds for Termination of Immunity (Sec. 34):

1. If the testimony is false, malicious, or made only to harass,

molest or prejudice the accused.
2. Failure or refusal to testify without just cause, when lawfully
obliged to do so.
3. Violating any condition for immunity.

5.1.5 Custody and disposition of confiscated, seized and/or

surrendered dangerous drugs (Sec. 21)

The PDEA shall take charge and have custody of all DD, CP/EC
and equipment/ paraphernalia confiscated, seized or
surrendered for proper disposition.
1. Physical inventory and photograph the articles seized in the
presence of the accused, his representative or counsel, a
representative from the media and the DOJ, and any elected
public official who shall be required to sign the copies of the
inventory and be given a copy thereof.
2. Submit the article within 24 hours to the PDEA Forensic
Laboratory for a qualitative and quantitative examination.
3. Certification of the results of the laboratory examination within
24 hours from the receipt of the subject items. When the volume
of the subject does not allow the completion of the examination
within 24 hours, a partial laboratory report shall be issued, with
a final certification to follow within the next 24 hours.
4. Filing of the criminal case in court.
5. Ocular inspection by the Court of the subject seized,
confiscated or surrendered.
6. Within the next 24 hours, the burning or destroying of the
items in the presence of the accused or his counsel,
representative from the media, DOJ, civil society, and any
elected public official.
7. Sworn certification of the burning or disposal is issued by the
DDB.
8. Submission of the sworn certificate of destruction or burning
to the court.
9. After promulgation of judgment by the court, the
representative sample, with leave of court, shall be turned over
7
References: Bedan MemAid, Reyes 2012, internet
CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto
6.0 Crimes Against Public Morals (Arts. 200-202)
6.1 Anti-Gambling Act as amended by RA 9287 – Illegal Numbers
6.1.1 Punishable acts
A mere spectator is not liable. An accused must
participate in an illegal gambling game in any of the
following manner:
1. Participating as a bettor
2. Acting as a personnel or staff: such as being the
guard or look-out; usher, cook, washer or entertainer
3. Allowing one’s vehicle, house, building, or land, to be
used in the operation of an illegal gambling game
4. Acting as a collector or agent
5. Acting as coordinator, controller or supervisor
6. Acting as a maintainer, manager, operator
7. Acting as a financier or capitalist
forced labor, slavery;
 To introduce or match for money, profit, or material, economic or
other consideration, any person or, as provided for under R.A.
No. 6955, any Filipino woman to a foreign national, for marriage
for the purpose of acquiring, buying, offering, selling, or trading
him/her to engage in prostitution, pornography;
 To offer or contract marriage, real or simulated, for the purpose
of acquiring, buying, offering, selling, or trading them to engage
in prostitution, pornography, sexual exploitation, forced labor or
slavery, involuntary servitude or debt bondage;
 To undertake or organize tours and travel plans consisting of
tourism packages or activities for the purpose of utilizing and
offering persons for prostitution, pornography or sexual;
 To maintain or hire a person to engage in prostitution or
pornography;
 To adopt or facilitate the adoption of persons, for the purpose of
prostitution, pornography, sexual exploitation, forced-labor,
slavery, involuntary servitude or debt-bondage;
 To recruit, hire, adopt, transport or abduct a person, by means
of threat or use of force, fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale of organs of said
person;
 To recruit, transport or adopt a child to engage in armed activities
in the Philippines or abroad (Sec. 4).

8. Acting as a protector coddler

9. Possession of Gambling paraphernalia or materials

10. Failing to abate or to take action or tolerating, by a

public official, of a gambling game within his jurisdiction

11. Any parent, Guardian, or persons exercising moral

authority or ascendancy over a minor, ward or
incapacitated person who induces or causes the latter to
participate in an illegal numbers game

6.2 Anti-Trafficking in Persons Act of 2003 (RA 9208)

6.2.1 Punishable acts

 To recruit, transport, transfer, harbor, provide, or receive a

person by any means, including those done under the pretext of
domestic or overseas employment or training or apprenticeship,
for the purpose of prostitution, pornography, sexual exploitation,
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References: Bedan MemAid, Reyes 2012, internet
CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto
7.0 Crimes Committed by Public Officers (Arts. 203-245)
7.1 Anti-Graft and Corrupt Practices Act (RA 3019, as amended by RA
3047)
7.1.1 Coverage
7.1.2 Punishable acts
Section 3. Corrupt practices of public officers. In addition to acts or omissions of
public officers already penalized by existing law, the following shall constitute
corrupt practices of any public officer and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act
constituting a violation of rules and regulations duly promulgated by competent
authority or an offense in connection with the official duties of the latter, or
allowing himself to be persuaded, induced, or influenced to commit such violation
or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for himself or for any other person, in connection with any
contract or transaction between the Government and any other part, wherein the
public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other
pecuniary or material benefit, for himself or for another, from any person for
whom the public officer, in any manner or capacity, has secured or obtained, or
will secure or obtain, any Government permit or license, in consideration for the
help given or to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency
thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving
any private party any unwarranted benefits, advantage or preference in the
discharge of his official administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient
justification, to act within a reasonable time on any matter pending before him for
the purpose of obtaining, directly or indirectly, from any person interested in the
matter some pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in favor of or discriminating
against any other interested party.
References: Bedan MemAid, Reyes 2012, internet
(g) Entering, on behalf of the Government, into any contract or transaction
manifestly and grossly disadvantageous to the same, whether or not the public
officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business,
contract or transaction in connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the Constitution or by any law
from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a
material interest in any transaction or act requiring the approval of a board, panel
or group of which he is a member, and which exercises discretion in such
approval, even if he votes against the same or does not participate in the action
of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in
favor of any person not qualified for or not legally entitled to such license, permit,
privilege or advantage, or of a mere representative or dummy of one who is not
so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his
office or by him on account of his official position to unauthorized persons, or
releasing such information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to
in subparagraphs (b) and (c); or offering or giving to the public officer the
employment mentioned in subparagraph (d); or urging the divulging or untimely
release of the confidential information referred to in subparagraph (k) of this
section shall, together with the offending public officer, be punished under
Section nine of this Act and shall be permanently or temporarily disqualified in
the discretion of the Court, from transacting business in any form with the
Government.
7.1.3 Exceptions
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value
offered or given as a mere ordinary token of gratitude or friendship according to
local customs or usage, shall be excepted from the provisions of this Act.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any
profession, lawful trade or occupation by any private person or by any public
officer who under the law may legitimately practice his profession, trade or
9
CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto
occupation, during his incumbency, except where the practice of such profession,
trade or occupation involves conspiracy with any other person or public official to
commit any of the violations penalized in this Act.

7.2 Anti-Plunder Act (RA 7080, as amended)

7.2.1 Definition of terms

7.2.2 Ill-gotten wealth

7.2.3 Plunder

7.2.4 Series/Combination

7.2.5 Pattern

7.3 Human Security Act of 2007 (RA 9372) (p.88)

7.3.1 Failure to deliver suspect to proper judicial authority

7.3.2 Infidelity in the custody of detained persons

7.3.3 False prosecutions

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References: Bedan MemAid, Reyes 2012, internet
CRIM2 SY 17-18 2nd Sem – SPLs assigned by Judge Mendinueto

8.0 Crimes Against Persons (Arts. 246-266)

8.1 Anti-Violence against Women and their Children Act of 2004 (RA 9262)
8.1.1 Punishable acts (Mem Aid p. 196)
8.2 Anti-Child Pornography Act of 2009 (RA 9775)
8.2.1 Definition of terms (Mem Aid p. 196)
8.2.2 Unlawful or punishable acts (Mem Aid p. 196)
8.3 Anti-Hazing Law (RA 8049)
8.3.1 Hazing (Mem Aid p. 197)
8.3.2 Definition (Mem Aid p. 197)
8.3.3 Allowed initiation rites (Mem Aid p. 197)
8.3.4 Who are liable (Mem Aid p. 197)
8.3.5 Punishable acts (Mem Aid p. 197)
8.4 Special Protection of Children Against Child Abuse, Exploitation, and
Discrimination Act (RA 7610, as amended)
8.4.1 Coverage
8.4.2 Child prostitution, punishable acts
8.4.3 Child trafficking, punishable acts
8.5 Juvenile Justice and Welfare Act of 2006 (RA 9344), as further
amended by the Act Strengthening the Juvenile Justice System in the
Philippines (RA 10630),
8.5.1 Punishable acts
8.6 Child and Youth Welfare Code (PD 603, as amended)
8.6.1 In relation with RA 10630
8.7 Human Security Act of 2007 (RA 9372) (p.88)
8.7.1 Punishable acts of terrorism (see p.2, 1.3.1)
8.7.2 Who are liable (see p.2, 1.3.2)
9.0 Crimes Against Personal Liberty and Security
(Arts. 267-292)
9.1 Anti-Wire Tapping Act (RA 420)
9.1.1 Punishable acts
9.1.2 Exceptions
9.2 Human Security Act of 2007 (RA 9372) (p.88)
9.2.1 Surveillance of suspects and interception and recording of
communications
9.2.2 Restriction on travel
9.2.3 Examination of bank deposits and documents
9.2.3.1 Judicial Authorization
9.2.3.2 Application
9.2.4 Unauthorized revelation of classified materials
9.3 Anti-Trafficking in Persons Act of 2003 (RA 9208)
9.3.1 Punishable acts

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References: Bedan MemAid, Reyes 2012, internet