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DVOREF College of Law

1st Semester, AY 2018-2019


SYLLABUS

Title: Special Penal Laws (III-Executive)


Lecturer: Atty. Marie Ronette Salve E. Barreda
Schedule: 10:00 – 12:00 noon, every Sunday

Course Description:

The course is a survey of significant Special Penal Laws with focus on the offenses or
crimes provided therein, their nature, elements and corresponding penalties. Further,
special laws that affect criminal liability and penalities will be discussed.

I. Introduction
a. Definitions
i) crimes mala inse and mala prohibita
ii) intent to perpetrate the act, not to commit the crime
U.S. vs Go Chico, 14 Phil 128 (1909)
iii) proof of malice or deliberate intent (mens rea) unnecessary:
Padilla vs Dizon, 158 SCRA 127 (1988)
b. Rules of Construction

II. Relationship Between Special Penal Laws and the Revised Penal Code

a. Applicability of the RPC on special laws


Dunlao vs CA, G.R. No. 111343, August 22, 1996
People vs Narca, G.R. No. 108488, July 21, 1997

b. Death Penalty
People vs Bon, G.R. No. 166401, October 30, 2006

c. Principles of RPC applicable to special laws

III. Jurisdictional Rules and Principles


a. Supreme Court
b. Court of Appeals
c. Sandiganbayan – exclusive and concurrent jurisdiction
d. Office of the Ombudsman

IV. Special Penal Laws

1. Crimes Against Persons/Chastity/Personal Security

a) R.A. No. 10591 – Comprehensive Firearms and Ammunition Regulation Act


b) P.D. No. 1866 as amended by R.A. No. 8294
(i) People vs Ramos, G.R. Nos. 101804-07
People vs Evalengista, G.R. Nos. 84332-33
(i) Use of a loose firearm in the commission of a crime
People vs Molina, 292 SCRA 742
People vs Ladjaalam, 340 SCRA 617 (2000)
People vs Castillo, G.R. Nos. 131592-93, Feb 15, 2000
People vs Nuñez, G.R. No. 112092, March 1, 2001
People vs Navarro, G.R. Nos. 132696-97, Feb 12, 2001
Sison vs People, G.R. No. 187229, February 22, 2012

c) R.A. No. 3553 – An Act to Prohibit the Possession of Deadly Arrow


d) R.A. No. 7610 – Child Abuse Law
(i) Who is a child contemplated under the law
People vs Abello, G.R. No. 151952, March 25, 2009
(ii) Sexual abuse and child abuse compared
People vs CA, G.R. No. 171863, August 20, 200
People vs Abay, G.R. No. 177752, Feb. 24, 2009
(iii) How to prove minority of the victim
People vs Abulon, G.R. No. 174473, August 17, 2007

e) R.A. No. 9775 – Anti-Child Pornography Act of 2009


f) R.A. No. 10175 – An Act Defining Cybercrime, Providing for the
Prevention, Investigation Suppression and the Imposition of Penalties
therefore and for other purposes
g) R.A. No. 9208 – Anti-Trafficking in Persons Act of 2003
h) R.A. No. 9262 – Anti-Violence Against Women and Children
(i) Battered Woman Syndrome– People vs Genosa, G.R. No. 135981
i) R.A. No. 7877 – Sexual Harassment Law
j) R.A. No. 9995 – Anti-Photo Voyeurism Act of 2009
k) R.A. No. 8049 – Hazing Regulation Act
(i) The Lenny Villa Hazing, People vs CA, G.R. No. 154954
l) R.A. No. 9745 – Anti-Torture Act of 2009
m) R.A. No. 4200 – Anti-Wire Tapping Law
Ramirez vs CA, G.R. No. 93833, September 28, 1995
Gaanan vs IAC, 145 SCRA 112
n) R.A. No. 9372 – Human Security Act of 2007
o) R.A. No. 10168 – Terrorism Financing Prevention and Suppression Act of
2012

2. Crimes Against Property

a) P.D. No. 818 – Estafa by Means of Bouncing Checks


b) B.P. Blg. 22 – An Act Penalizing the making or Drawing and Issuance of a
Check without Sufficient Funds or Credit
(i) Rationale for the law – Lozano v. Martinez, 146 SCRA 323
(ii) Defenses
Ibasco vs CA, G.R. No. 117488, Sept. 5, 1996
c) Administrative Circular No. 13-2001
Lim vs People, G.R. No. 143231, Oct. 26, 2002
d) P.D. No. 1689 – Increasing the Penalty for Certain Forms of Swindling or
Estafa
e) P.D. No. 1612 – Anti-Fencing Law of 1979
(i) Presumption – Dunlao vs CA, G.R. No. 111343
f) P.D. No. 1613 – Amending the Law on Arson
(i) Definition – People vs Gutierrez, G.R. No. 100699, July 5, 1996
g) R.A. No. 6539 – Anti-Carnapping Law
Definition of carnapping-Izon vs People, G.R. No. L-51370
(i) Nature of offense of carnapping with homicide or rape
People vs Mejia, G.R. Nos. 118940-411, July 7, 1997
(ii) Penalty of reclusion perpetua, People vs Ellasos, G.R. No. 139323,
June 6, 2001
(iii) Compared with robbery/theft – People vs Tan, G.R. No. 135904
h) P.D. No. 533 – The Anti-Cattle Rustling Law of 1974
(i) Elements – Canta vs People, G.R. No. 140937
i) P.D. No. 532 – Anti-Piracy and Anti-Highway Robbery Law of 1974
(i) Widening the coverage of Art. 122- People vs Tulin, G.R. No.
111709
(ii) Jurisdiction over the crime – People Vs Lol-lo, 43 Phil 19
(iii) Two laws on brigandage – People vs Puno
(iv) Situs of brigandage – Filoteo, Jr. vs Sandiganbayan, G.R. No. 79543
(v) People vs Sandoval, 219 SCRA 85
(vi) Indiscriminate nature of brigandage – People vs Mendoza, G.R. NO.
104461
(vii) Number of malefactors – People vs Agamo-o, G.R. No. 131829

3. Crimes by Public Officers

a) R.A. No. 7080 - Plunder Law


(i) How committed – Estrada vs Sandiganbayan, G.R. No. 148560
(ii) Jurisdiction – Organo vs Sandiganbayan, G.R. No. 136916, Rodrigo vs
Sandiganbayan, G.R. No. 125498
b) R.A. No. 3019 - Anti-Graft Law
c) R.A. No. 1379 - Forfeiture of Property Found to have been Unlawfully
Acquired
d) R.A. No. 6713 – Code of Conduct and Ethical Standards for Public Officials
and Employees
e) P.D. No. 46 – Making it Punishable for Public Officials and Employees to
Receive, and for Private Persons to Give Gifts on any Occasion, including
Christmas
f) P.D. No. 1445 – State Audit Code of the Philippines

4. Crimes Against Public Interest

a) R.A. No. 7653 – The New Central Bank Act


b) R.A. No. 7438 – Custodial Investigation
c) R.A. No. 6235 – Anti-HijackingLaw
d) R.A. No. 9165 – Comprehensive Dangerous Act of 2002

(i) As a qualifying aggravating circumstance ( Sec. 25)


(ii) Immunity from prosecution and punishment, coverage (Sec. 33)
(iii) First time minor offenders (Sec. 66-71)
(iv) People vs Mantalaba, G.R. No. 186227, July 20, 2011
(v) Application/Non- application of RPC provisions (Sec. 98, R.A. No.
9165) provisions (Sec. 98) cf. Art. 10, RPC

e) R.A. No. 6085 – Regulating the Use of Aliases


f) P.D. No. 1829 – Obstruction of Justice
g) R.A. No. 10586 – Anti-Drunk and Drugged Driving Act of 2013
h) R.A. No. 9160 – Anti-Money Laundering Act of 2001
i) R.A. No. 1405 – An Act Prohibiting Disclosure of or Inquiry with Any
Banking Institution
j) R.A. No. 9287 – Illegal Number Game amending Reform Act of 2002
k) R.A. No. 9184 – Government Procurement Act of 2002

V. Special Laws Affecting Criminal Liability & Penalty

1. Ordinance vis-a-vis special law

a) Act No. 3326 – An Act to Establish Prescription for Violations of Special Acts and
Municipal Ordinances and to Provide When Prescription Shall Begin

2. Circumstances affecting criminality: Justifying circumstances

b) Juvenile Justice and Welfare Act of 2006 (R.A. No. 9344); also refer to Child
and Youth Welfare Code (P.D. 603, as amended)
(i) Definition of child in conflict with the law
(ii) Minimum age of criminal responsibility
(iii) Determination of age
(iv) Exemption from criminal liability
(v) Treatment of child below age of responsibility
(vi) Status offenses under Sec. 57 of R.A. No. 9344
(vii) Offenses not applicable to children under Sec. 58 of R.A. No. 9344

c) Rules on Commitment of Children (A.M. No. 02-1-19 SC)


d) Rules on Juvenile in Conflict with Law (A.M. No. 02-18-SC)

a. Intent and discernment


Guevarra vs Almodovar, 169 SCRA 476 (1989)
People vs Doquena, 68 Phil 580 (1939)

b. Discernment & age criminal responsibility


Madali vs People, G.R. No. 180380, August 4, 2009

c. Acted with discernment and burden of proof:


Jose vs People, 448 SCRA 116 (2005)
Llave vs People, 488 SCRA 376 (2006)

3. Circumstances affecting criminality: Aggravating circumstances


(a) Decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives
(P.D. 1866, as amended by R.A. No. 8294) as an aggravating circumstance

i) Unlicensed firearm used in any crime (Section 1 par. 1 & 2)


People vs Ladjaalam, 340 SCRA 617 (2000)
ii) Special aggravating circumstance in murder or homicide (Section 1, par 3)
People vs Castillo, G.R. No. 131592-93, February 15, 2000
Sison vs People, G.R. No. 187229, February 22, 2012

4. Persons criminally liable/Degree of participation


a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal
Offenders (P.D. 1829)
(i) Punishable acts
(ii) Compare with Art. 20, RPC (accessories exempt from criminal liability)

4. Special Laws Affecting Penalties

a. Act No. 4102 – Indeterminate Sentence Law


b. Supreme Court Circular No. 66-97
c. P.D. No. 968 – Probation Law

Attendance:

Based on the prescribed policy on attendance of students, 20% of the total


number of class sessions for the semester is the permissible number of absences.
According to the academic calendar, there are 14 weeks alloted for regular classes
and for a two-unit subject, students are allowed only six (6) absences. On the
seventh (7th) time the student is absent, he/she shall be automatically dropped from
the list of students.

Course Requirements:

1. Attendance 15 %
2. Recitation 20 %
3. Midterm Exam 30 %
4. Final Exam 35 %