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Monica S.

Cajucom | UST Law

That in all things God may be glorified.

10

SPECIAL PENAL LAWS

JUDGE PIMENTEL

What is the duty of the employer or head of the office in a work-related, education ortraining
environment?

To prevent or deter the commission of acts of sexual harassment and to provide theprocedures for the
resolution, settlement or prosecution of acts of sexual harassment.

To what extent is the liability of the employer or head?

He/She shall be solidarily liable for damages arising from the acts of sexualharassment committed in the
employment, education or training environment if theemployer or head of office, educational or
training institution is informed of such acts bythe offended party and no immediate action is taken.

Can the victim of work, education or training-related sexual harassment institutea separate and
independent action for damages and other affirmative relief?

Yes.

What is the penalty?

Imprisonment of not less than 1 month nor more than 6 months, or a fine of not less thanP10,000 nor
more than P20,000, or both at the discretion of the court.

What is the prescription period?

3 years.

ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995)Approved on February 15, 2010

What is Broadcast?

To make public, by any means, a visual image with the intent that it be viewed by a personor persons.

What is Capture?

It is with respect to an image, means to videotape, photograph, film, record by any means,or broadcast.
What is Photo

or Video Voyeurism?

1) It is the act of taking photo or video coverage of a person or group of persons performingsexual act
or any similar activity or of capturing an image of the private area of a person orpersons without the
latter's consent, under circumstances in which such person/s has/havea reasonable expectation of
privacy.2) It is also the act of selling, copying, reproducing, broadcasting, sharing, showing orexhibiting
the photo or video coverage or recordings of such sexual act or similar activitythrough VCD/DVD,
internet, cellular phones and similar means or device without the writtenconsent of the person/s
involved, notwithstanding that consent to record or take photo orvideo coverage of same was given by
such person's.

What does "Under circumstances in which a person has a reasonable expectation ofprivacy" mean?

It means believe that he/she could disrobe in privacy, without being concerned that animage or a
private area of the person was being captured; or circumstances in which areasonable person would
believe that a private area of the person would not be visible tothe public, regardless of whether that
person is in a public or private place.

What are the prohibited acts under this law?

(a) To take photo or video coverage of a person or group of persons performing sexual actor any similar
activity or to capture an image of the private area of a person/s such as thenaked or undergarment clad
genitals, public area, buttocks or female breast without theconsent of the person/s involved and under
circumstances in which the person/s has/havea reasonable expectation of privacy;(b) To copy or
reproduce, or to cause to be copied or reproduced, such photo or video orrecording of sexual act or any
similar activity with or without consideration;(c) To sell or distribute, or cause to be sold or distributed,
such photo or video or recordingof sexual act, whether it be the original copy or reproduction thereof;
or(d) To publish or broadcast, or cause to be published or broadcast, whether in print orbroadcast
media, or show or exhibit the photo or video coverage or recordings of suchsexual act or any similar
activity through VCD/DVD, internet, cellular phones and othersimilar means or device.

Can a person reproduce, distribute, or broadcast the photo or video coverage if hehas been given
consent by such person/s in the photo or video?

No. Notwithstanding that consent to record or take photo or video coverage of the samewas given by
such person/s.

Can the photo or video be used as evidence in a trial of anti-voyeurism?

Yes. Any peace officer, who is authorized by a written order of the court, can use the recordor any copy
thereof as evidence in any civil, criminal investigation or trial of the crime ofphoto or video voyeurism.
Can a photo orvideo coverage taken in violation of this Act be admissible inevidence?

No. Any record, photo or video, or copy thereof, obtained or secured by any person inviolation of the
preceding sections shall not be admissible in evidence in any judicial, quasi- judicial, legislative or
administrative hearing or investigation.

Monica S. Cajucom | UST Law

That in all things God may be glorified.

11

SPECIAL PENAL LAWS

JUDGE PIMENTEL

BANK SECRECY ACT (RA 1405)Approved on September 9, 1955

What is the purpose of the Bank Secrecy Act?

To give encouragement to the people to deposit their money in banking institutions and todiscourage
private hoarding so that the same may be properly utilized by banks inauthorized loans to assist in the
economic development of the country.

What are considered absolutely confidential in nature and hence cannot beexamined, inquired or
looked into by any person, government official, bureau, oroffice?

All deposits of whatever nature with banks or banking institutions in the Philippinesincluding
investments in bonds issued by the Government of the Philippines, its politicalsubdivisions and its
instrumentalities.

What is the exception to this prohibition?

Upon written permission of the depositor.

In impeachment cases, there is a different rule. What is it?

Upon order of a competent court in cases of bribery or dereliction of duty of public officials.or in cases
where the money deposited or invested is the subject matter of the litigation.
What is the responsibility of any official or employee of a banking institution?

To not disclose information concerning said deposits.

Exception:

Upon written permission of the depositor or upon court order in cases ofimpeachment.

FOREIGN CURRENCY DEPOSIT ACT (RA 6426)Approved on April 4, 1974

Who may be authorized to deposit foreign currency?

Any person, natural or juridical, may deposit with such Philippine banks in good standing.

What foreign currencies are acceptable?

Foreign currencies which are acceptable as part of the international reserve, except thosewhich are
required by the Central Bank to be surrendered.

What are the authority of banks designated by Central Bank?

(1) To accept deposits and to accept foreign currencies in trust Provided, That numberedaccounts for
recording and servicing of said deposits shall be allowed;(2) To issue certificates to evidence such
deposits;(3) To discount said certificates;(4) To accept said deposits as collateral for loans subject to
such rules and regulations asmay be promulgated by the Central Bank from time to time; and(5) To pay
interest in foreign currency on such deposits.

What are the requirements for foreign curency cover?

Except as the Monetary Board may otherwise prescribe or allow, the depository banks shallmaintain at
all times a one hundred percent foreign currency cover for their liabilities, ofwhich cover at least fifteen
percent shall be in the form of foreign currency deposit with theCentral Bank, and the balance in the
form of foreign currency loans or securities, whichloans or securities shall be of short term maturities
and readily marketable. Such foreigncurrency loans may include loans to domestic enterprises which are
export-oriented orregistered with the Board of Investments, subject to the limitations to be prescribed
by theMonetary Board on such loans. Except as the Monetary Board may otherwise prescribe orallow,
the foreign currency cover shall be in the same currency as that of the correspondingforeign currency
deposit liability. The Central Bank may pay interest on the foreign currencydeposit, and if requested
shall exchange the foreign currency notes and coins into foreigncurrency instruments drawn on its
depository banks. (As amended by PD No. 1453, June11, 1978.)

Who are excepted from the 15% deposit requirement?


Depository banks which, on account of networth, resources, past performance, or otherpertinent
criteria, have been qualified by the Monetary Board to function under anexpanded foreign currency
deposit system.

Can the said depositary banks extend foreign currency loans to any domesticenterprise?

Yes.

But subject to prior Central Bank approval when required by Central Bank regulations.It is without the
limitations prescribed in the preceding paragraph regarding maturity andmarketability, and such loans
shall be eligible for purposes of the 100% foreign currencycover.

May the depositor withdraw or transfer his deposit abroad?

Yes. There shall be no restriction.

Exception:

Those arising from the contract between the depositor and the bank.

Are foreign currency deposits subject to tax?

No. Including interest and all other income or earnings of such deposits are herebyexempted from any
and all taxes whatsoever irrespective of whether or not these depositsare made by residents or
nonresidents so long as the deposits are eligible or allowed and,in the case of nonresidents, irrespective
of whether or not they are engaged in trade orbusiness in the Philippines.

Do foreign currency deposits enjoy confidentiality?

Yes. They are declared as and considered of an absolutely confidential nature and, exceptupon the
written permission of the depositor, in no instance shall foreign currency depositsbe examined, inquired
or looked into by any person, government official, bureau or officewhether judicial or administrative or
legislative, or any other entity whether public or private.

May foreign currency deposits be subject to attachment or garnishment?

No. They shall be exempt from attachment, garnishment, or any other order or process ofany court,
legislative body, government agency or any administrative body whatsoever.

Are foreign currency deposits insured?


Monica S. Cajucom | UST Law

That in all things God may be glorified.

12

SPECIAL PENAL LAWS

JUDGE PIMENTEL

Yes. They shall be insured under Philippine Deposit Insurance Corporation (PDIC).Isurance payment shall
be in the same currency in which the insured deposits aredenominated.

OBSTRUCTION OF JUSTICE (PD 1829)Effective on January 16, 1981

How is obsruction of justice committed?

Knowingly or willfully obstructing, impeding, frustrating or delaying the apprehension ofsuspects and
the investigation and prosecution of criminal cases.

What are the specific acts in under obstruction of justice?

(a) preventing witnesses from testifying in any criminal proceeding or from reporting thecommission of
any offense or the identity of any offender/s by means of bribery,misrepresentation, deceit,
intimidation, force or threats;(b) altering, destroying, suppressing or concealing any paper, record,
document, or object,with intent to impair its verity, authenticity, legibility, availability, or admissibility as
evidencein any investigation of or official proceedings in, criminal cases, or to be used in
theinvestigation of, or official proceedings in, criminal cases;(c) harboring or concealing, or facilitating
the escape of, any person he knows, or hasreasonable ground to believe or suspect, has committed any
offense under existing penallaws in order to prevent his arrest prosecution and conviction;(d) publicly
using a fictitious name for the purpose of concealing a crime, evadingprosecution or the execution of a
judgment, or concealing his true name and other personalcircumstances for the same purpose or
purposes;(e) delaying the prosecution of criminal cases by obstructing the service of process or
courtorders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts;(f) making,
presenting or using any record, document, paper or object with knowledge of itsfalsity and with intent
to affect the course or outcome of the investigation of, or officialproceedings in, criminal cases;(g)
soliciting, accepting, or agreeing to accept any benefit in consideration of abstainingfrom, discounting,
or impeding the prosecution of a criminal offender;(h) threatening directly or indirectly another with the
infliction of any wrong upon his person,honor or property or that of any immediate member or
members of his family in order toprevent such person from appearing in the investigation of, or official
proceedings in,criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent
aperson from appearing in the investigation of or in official proceedings in, criminal cases;(i) giving of
false or fabricated information to mislead or prevent the law enforcementagencies from apprehending
the offender or from protecting the life or property of thevictim; or fabricating information from the
data gathered in confidence by investigatingauthorities for purposes of background information and not
for publication and publishing ordisseminating the same to mislead the investigator or to the court.

Suppose a higher penalty is imposed by another law on one of abovementionedacts?

The higher penalty shall be imposed.

Suppose the violator is a public official or employee

?He shall in addition to the penalties provided thereunder, suffer perpetual disqualificationfrom holding
public office.

PLUNDER (RA 7080)

Approved on July 12, 1991

Who can be guilty of Plunder?

1) Any public officer who, by himself or in connivance with members of his family, relativesby affinity or
consanguinity, business associates, subordinates or other persons, amasses,accumulates or acquires ill-
gotten wealth through a combination or series of overt criminalacts in the aggregate amount or total
value of at least P50 million.2) Any person who participated with the said public officer in the
commission of an offensecontributing to the crime of plunder shall likewise be punished for such
offense.

What is Ill-gotten wealth?

Any asset, property, business enterprise or material possession of any person, acquired byhim directly
or indirectly through dummies, nominees, agents, subordinates and/orbusiness associates by any
combination or series of specific or similar criminal means orschemes.

How is ill-gotten wealth acquired?

1)

Misappropriation, conversion, misuse, or malversation

: Public funds or raids on thepublic treasury2)

Receive (directly or indirectly) in connection with any government contract orproject or by reason of the
office or position
: Commission, gift, share, percentage,kickbacks or any other form of pecuniary benefit from any person
and/or entity3)

Illegal or fraudulent conveyance or disposition

: Assets of the Government or any ofits subdivisions, agencies or instrumentalities or GOCCs and their
subsidiaries4)

Obtaining, receiving or accepting (directly or indirectly)

in

any business enterpriseor undertaking

: Shares of stock, equity or any other form of interest or participationincluding promise of future
employment5)

Establishing the ff. to benefit particular persons or special interests

: Agricultural,industrial or commercial monopolies or other combinations and/or implementation


ofdecrees and orders6)

Taking undue advantage

of the ff. to unjustly enrich himself at the expense and tothe damage and prejudice of the country and
its citizens

: Official position, authority,relationship, connection or influence

Monica S. Cajucom | UST Law

That in all things God may be glorified.

13

SPECIAL PENAL LAWS


JUDGE PIMENTEL

What must be the total value or aggregate amount of ill-gotten wealth?

At least P50 Million.

What is the penalty?

Reclusion perpetua to death.

How is the penalty determined?

In the imposition of penalties, the degree of participation and the attendance of


mitigatingcircumstances shall be considered by the court.

What shall happen to the ill-gotten wealth?

Any or all ill-gotten wealth and their interests and other incomes and assets including theproperties and
shares of stocks derived from the deposit or investment thereof shall beforfeited in favor of the State.

Who is a Public Officer?

Any person holding any public office in the Philippine Government by virtue of anappointment, election
or contract.

What is the scope of the Government?

It includes the National Government, and any of its subdivisions, agencies orinstrumentalities, including
GOCCs and their subsidiaries.

What is a Person?

It includes any natural or juridical person, unless the context indicates otherwise.

Which court has competent jurisdiction over plunder cases?

The Sandiganbayan in its original jurisdiction, until otherwise provided by law.

How is the crime of plunder established by means of evidence?

It shall not be necessary to prove each and every criminal act done by the accused. It issufficient to
establish beyond reasonable doubt a pattern of overt or criminal acts indicativeof the overall unlawful
scheme or conspiracy.

Will the public officer accused of plunder be suspended from office?


Yes. Any public officer against whom any criminal prosecution under a valid informationunder this Act in
whatever stage of execution and mode of participation, is pending in court,shall be suspended from
office.

What happens if he is convicted by final judgment?

He shall lose all retirement or gratuity benefits under any law.

If acquitted?

He shall be entitled to reinstatement and to the salaries and other benefits which he failedto receive
during suspension, unless in the meantime, administrative proceedings havebeen filed against him.

Is plunder prescriptible?

Yes. It shall prescribe in 20 years. However, the right of the State to recover propertiesunlawfully
acquired by public officers from them or from their nominees or transferees shallnot be barred by
prescription, laches, or estoppel

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