Special Penal Laws

Notes for Lecture By Atty. Modesto Ticman, Jr

JURISTS REVIEW CENTER
August 16, 2015

NOTE
This is not a complete transcript of the lecture
The slides are limited to brief annotations, which the
author humbly found remarkable and especially
enlightening.
Made these slides to combat sleepiness and be
productive, so forgive some typographical and
grammatical lapses

Prepared by:
Lawrence Villamar
Special thanks to Panky Obbania

Indeterminate Sentence Law

Mandate: Persons convicted of crime under RPC to be
sentenced within prescribed penalty for maximum
period and within penalty lower in degree for minimum
period
Faster eligibility for parole which requires service of
minimum period

ISL Not Applicable

Death
Life Imprisonment
Reclusion Perpetua

Distinction
Life Imprisonment

Has no duration

Has no accessory penalty

Reclusion Perpetua

Has duration (20 to 40 years if age)

Has accessory penalty

Grave Scandal
If married man having sex in a scandalous manner with
a woman not his wife, concubinage is the crime, not
grave scandal.

Prostitution
Only women may be convicted under the RPC for
prostitution (men incurs no criminal liability)

Juvenile Justice & Welfare Act of

2006
Children in conflict of the law do not incur criminal
liability in
Mendicancy
Prostitution
Sniffing Rugby

Special Time Allowance for Loyalty

Chief Executive declares state of calamity
Prisoners who escape:
Plus 1/5 not return within 48 hours
Minus 1/5 return 48 hours
Minus 2/5 Can escape but did not

See Art 98 under the RPC

Probation Law
Who may not apply for probation (Sec. 9):

Previous conviction
Crime Penalized by more than six (6) years
Availed previously
Convicted in a drug related crime (even if only for possession
of drug peraphernalia penalized with six (6) months of
imprisionment)

When to file
Within perfection of appeal
In writing

Probation Law
Denial of probation is unappealable (But may be
assailable with Rule 65)
If notice of appeal subsequent filed in application for
probation, notice of appeal must be denied for out of
time as judgment has become final and executory
(applicaion for probation has such effect) and filing of
probation is tantamount to waiver of right to appeal.

Probation Law
SC (Colinares): Even if appeal brief has already been
filed, still entitled for probation due to erroneous ruling
of the court (The Supreme Court hs already voided the
earlier ruling of the trial) for had he been correctly
sentenced, he would been entitled to apply for
probation. (Ponencia is by J. Abad)

Anti Fencing Law (PD 1612)

In rel to Art 19 in RPC
Fencing malum prohibitum, but no fencing is there is
no theft or robbery
SC (in Rosita Lim case): Spare part fors rubber boats.
Manuel left the store, stole the goods. Was forgiven and
no theft was filed. But Lim filed case against accessory
for fencing. SC dismissed it as there was no theft or
robbery. (People vs Tan)
SC (Francisco): Qualified theft and fencing
simultaneously filed, but fencing was decided first.
Appealed, CA affirmed but DC reversed. Conviction first
in theft required. (Old rule)

Bigamy
Art 40 of FC judicial order required before contracting
second marriage. Otherwise, may be laible for bigamy.
SC: First marriage must have all the requisites for a
valid marriage: no registration, and no marriage
ceremony.
Shariah Law: Muslim marriage only up to 4.
Teves vs People

RA 10591 Firearms Regulation of

2013
PD 1866, as amended by RA 8284 was not repealed, but
further amended.
Illegally possessed explosives or use thereof still
subsisting
Additional aggravating circumstance
Qualifying if illegally possessed; generic if lawfully
possessed.
Unlicensed firearms loose firearms now
Planting of evidence loose firearms, no longer
fraudulent machinations or incriminating innocent
persons (light felony)

RA 10591
SEC 29 Use of loose firearms can not be absorbed but
aggravating circumstance,except in coup d etat,
insurrection, rebellion (inherent)
If penalty equal in Possession of loose firearms and
crime committed, additional penalty.

Voyeurism
May be a form of unjust vexation
But photo and video covered under special law

RA 9995
Prohibited acts: selling, distributing, reproducing, taking
videos
Exclusionary rule: photos and videos taken can not be
admitted in any judicial proceeding
Exception: Peace officer

Anti Torture Law

Case: Detention prisoner punished to clean toilet every
day with tongue. As a result, prisoner lost his tongue.
Jail officer liable for maltreatment of prisoner in rel to
serious physical injury with higher penalty.

HSA of 2007
Act of Terrorism
Extra territorial jurisdiction
P500, 000 per day of detention for falsely accused of
Act of Terrorism
In rel to Art 125 Delivery of Prisoner (in HSA,72hours)
Opinion: prior surveillance, 72 hours. If none, Art 125 of
RPC

RA 3019
Sec 3 (b)(g)(h)
Case: Serano vs Sandigabayan (UP Student Regent)
Preventive suspension is not a penalty, but suspension
is.

Dangerous Drug Law

Not entitled to probation
Plea baragaining is not allowed
Use of drugs while committing a crime,a special
aggravating circumstance
If child in conflict with the law, minority, two degrees
lower.
Chain of custody (Sec 21) (Most acquittal is a result of
this provision!)
Corpus delicti: drug itself. Otherwise, no conviction.(But
see Boados Notes (2014 ed) citing two (2) different
cases)

Obstruction of Justice (PD 1829)

Enrile (1989): Sen. Enrile was charged in RTC of Manila
with obstruction of justice, for harboring of Gregorio
Honasan. Enrile was previously charged of rebellion in
Quezon City. Enrile argued that obstruction of justice is
absorbed in rebellion, admitting for the sake of
argument. Judge Amy denied the motion ot quash for
charge of obstruction, as it was punished under special
law. SC agreed with Enrile.
Note the penalized acts under this special law. Most are
punished also in RPC. Charge uner either law,provided if
penalty Is higher in PD, then apply penalty uner special
penal law.

Anti Alias Law

Art 178 of RPC
Exemption: Pseudonym for television, literary, sports,
entertainment, but in legal documents, must use legal
name.
PERSONAL NOTE: See Estrada vs Sandiganbayan (use of
alias of Jose Velarde)
In rel to Improper Use of Uniform

Perjury/ False Testimony

Perjury not in judicial court,but false testimony
False testimony on material facts (subject of the
inquiry); delivery and willful falsehood.