CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
RA 9262
ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
July 7, 2016
SPECIAL PENAL LAWS
Anti-Violence Against Women and Their Children Act of
2004 - RA 9262
 This was enacted about 2 months after the ruling of
People vs Genosa.
 Purpose: address committed against women and their
children.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any
act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with
whom the person has or had a sexual or dating relationship, or
with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty.
 to be liable, the offender must have or had a sexual or
dating relationship with the woman
 the accused could be a step father of the child within or
without the family abode
 ―threats of such acts‖ – even if there is no actual infliction
of violence, or is just a mere threat, that is a violation of
this law already.
It includes:
A. "Physical Violence" refers to acts that include bodily or
physical harm;
B. "Sexual violence" refers to an act which is sexual in nature,
committed against a woman or her child. It includes, but is not
limited to:
a) rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of
the victim's body, forcing her/him to watch
obscene publications and indecent shows or
forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife
and mistress/lover to live in the conjugal home
or sleep together in the same room with the
abuser;
 These are the sexual abuses. Remember if the
sexual abuse with constitute rape, that
would be prosecuted under the RPC.
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 Pp vs Jumawan – the husband could be held
liable for rape
 Hayden Kho and Haliliscandal – the taking
of a video of the sexual encounter – this is
not a violation of RA 9262 because what is
required is that there be force and violence in
making films of the indecent acts. But this
falls under the Anti Photo and Video
Voyeurism Act, which states that even if
there was consent in filming, another
consent is required for the posting or sharing
the video.
b) acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical
or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing
or likely to cause mental or emotional suffering of the victim
such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or
allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of
common children.
 If A(husband) lets his child watch him physically
abuse ―kulata‖ B(Wife), there are 2 victims: the wife
and the child.
 Letting the child see the abuse of the pet cat/dog is a
violation
D. ―Economic abuse‖ refers to acts that make or attempt to
make a woman financially dependent which includes, but is
not limited to the following:
1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of
the Family Code;
 TN: mere threat of not supporting your wife
would constitute economic abuse which is a
violation of this law
 Forcing your wife to resign or leave her work for
the purpose of making her dependent on you is
also economic abuse.
2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;
3. destroying household property;
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4. controlling the victims' own money or properties
or solely controlling the conjugal money or
properties.
(b) "Battery" refers to an act of inflicting physical harm upon
the woman or her child resulting to the physical and
psychological or emotional distress.
 TN: Woman suffering from Battered Woman
Syndrome is considered a JUSTIFYING
CIRCUMSTANCE even if none of the circumstances
for a valid self defense(even unlawful aggression) is
present. (Read Pp vs Genoso)
(c) "Battered Woman Syndrome" refers to a scientifically
defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result
of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a
person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her
child under surveillance directly or indirectly or a
combination thereof.
(e) "Dating relationship" refers to a situation wherein the
parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating
relationship.
 Dating relationship is present even if there is no
sexual intercourse between the parties. Even in the so-
called ―away-bati relationship‖ (Ang vs CA 4/20/10)
 ―Uyab-uyab‖ is a dating relationship.
 Case: Lex and Lexy just broke up from their
relationship. Later,Lexy heard rumors about herself
and confronted Lex. Lex admitted to spreading the
rumors. Because of this, she slapped Lex.After which,
Lex punched Lexy. Is Lex liable under this law?
- Yes. This law will apply even if the dating
relationship of the parties has already ceased
to exist. What is required is that they HAD a
dating relationship. It is not necessary that
the violence is a consequence of the
relationship. If the physical injuries
committed falls under this law, it has a
penalty which is 1 degree higher than that of
the RPC. (Navalos vs Quiambao Jan 7, 2013)
August 10, 2016
A person in a dating relationship is a lesbian, will RA 9262
apply?
- Yes, it will apply. The definition in violence against
women and their children does not give a gender
specific term.
- Garcia vs. Drillon June 25 2013
- The use of the gender neutral word person who has
or had a sexual or dating relationship with the
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woman, encompasses even a lesbian relationship
SECTION 5. Acts of Violence Against Women and Their
Children.
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child
physical harm;
- Mere threatening or attempt to cause physical harm
on the woman or her child will be a violation under
this act
- Other persons who conspire with the accused may
be charged under this law. Therefore a stranger
may be liable under VAWC.
- Go-tan vs. spouses Tan Sept. 30, 2008. The parents of
the accused conspired with their son in causing
violation of the law against the wife of the accused.
They can be held liable citing par. h of Section 5
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of imminent
physical harm;
(e) Attempting to compel or compelling the woman or
her child to engage in conduct which the woman or
her child has the right to desist from or desist from
conduct which the woman or her child has the right
to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or
intimidation directed against the woman or child.
This shall include, but not limited to, the following
acts committed with the purpose or effect of
controlling or restricting the woman's or her child's
movement or conduct:
(1) Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman
or her children of financial support legally due
her or her family, or deliberately providing the
woman's children insufficient financial
support;
- If the child is a minor then it would also constitute
child abuse
o The husband will only be charged in
either law (RA9262 or RA 7610)
(3) Depriving or threatening to deprive the woman
or her child of a legal right;
(4) Preventing the woman in engaging in any
legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey
or properties, or solely controlling the conjugal
or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
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(g) Causing or attempting to cause the woman or her
child to engage in any sexual activity which does
not constitute rape, by force or threat of force,
physical harm, or through intimidation directed
against the woman or her child or her/his immediate
family;
(h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that alarms
or causes substantial emotional or psychological
distress to the woman or her child. This shall
include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in
public or private places;
(2) Peering in the window or lingering outside the
residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the
property of the woman or her child against
her/his will;
(4) Destroying the property and personal
belongings or inflicting harm to animals or pets
of the woman or her child; and
- Causing harm to the pets of the woman or her child
would constitute a violation of this law
o he may also be liable under RA 8485
(animal welfare act)
(5) Engaging in any form of harassment or
violence;
(i) Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or
custody of minor children of access to the woman's
child/children.
SECTION 6. Penalties
- The crimes are one degree higher than the RPC
If the crime is Parricide/Murder/Homicide
- Charged with the RPC
- There will be no separate crime. It will be under the
RPC.
If the woman is Pregnant or committed in the presence of her
child
- Aggravating Circumstance
- The penalty will be in its Maximum period
Penalties:
- Imprisonment
- Fine
- Undergo Mandatory Psychological Counselling
SECTION 7. Venue
- The Family Court has exclusive and original
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jurisdiction
- In areas without family courts then it is the RTC
SECTION 8. Protection Order
- Issuance of protection order to prevent further acts
of violence against the woman or child and other
necessary reliefs or remedies
There are 3 kinds of protection orders under this law
1. Baranggay Protection Order (BPO) - easiest to get,
all the victim has to do is to go to the baranggay
hall and ask the captain to issue a protection order
to prevent further acts of violence in the absence of
the baranggay captain then any counsellor present
may issue the order
 Effective for 15 days
 This provision of RA 9262, allowing the BPO by
the barrangay captain was questioned in the
SC because it is an undue delegation of judicial
power. According to the SC there is no undue
delegation of judicial power. Garcia vs. Drillon
2. Temporary Protection Order (TPO)
3. Permanent Protection Order (PPO)
Reliefs and remedies under the Protection order:
(a) Prohibition of the respondent from threatening to
commit or committing, personally or through
another, any of the acts mentioned in Section 5 of
this Act;
(b) Prohibition of the respondent from harassing,
annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or
indirectly;
- tell the accused to no longer contact the woman
protected
(c) Removal and exclusion of the respondent from the
residence of the petitioner, regardless of ownership
of the residence, either temporarily for the purpose
of protecting the petitioner, or permanently where
no property rights are violated, and if respondent
must remove personal effects from the residence,
the court shall direct a law enforcement agent to
accompany the respondent has gathered his things
and escort respondent from the residence;
- Even if the house is owned by the husband, the
husband will be expelled from the residence either
temporarily or permanently where no property
rights are violated.
(d) Directing the respondent to stay away from
petitioner and designated family or household
member at a distance specified by the court, and to
stay away from the residence, school, place of
employment, or any specified place frequented by
the petitioner and any designated family or
household member;
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- The Stay Away Order
- It can be included that the accused cannot stay
within how many meters from the workplace of the
wife or the school of the child or from the house.
(e) Directing lawful possession and use by petitioner of
an automobile and other essential personal effects,
regardless of ownership, and directing the
appropriate law enforcement officer to accompany
the petitioner to the residence of the parties to
ensure that the petitioner is safely restored to the
possession of the automobile and other essential
personal effects, or to supervise the petitioner's or
respondent's removal of personal belongings;
- In the instance where there is a car used by the
husband, the court will direct the husband to give
the car to the wife, regardless of ownership
(f) Granting a temporary or permanent custody of a
child/children to the petitioner;
- Even the issue of custody over the children can be
included in the protection order. The court can
include in the protection order that the children
will be under the custody of the wife.
- There is a possibility that the beating of the wife,
will also result in the beating of the children
- The background of violent persons, when they
were little, they were also victims of violence
- Violence is a cycle, when there is violence in the
house; the child will also practice it in school such
as violent behavior and profanity.
(g) Directing the respondent to provide support to the
woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the
court shall order an appropriate percentage of the
income or salary of the respondent to be withheld
regularly by the respondent's employer for the same
to be automatically remitted directly to the woman.
Failure to remit and/or withhold or any delay in the
remittance of support to the woman and/or her child
without justifiable cause shall render the
respondent or his employer liable for indirect
contempt of court;
- The court could order the husband or common-
law-husband support to the child
- The common law wife is not entitled to support.
Only the child is entitled
- The court could issue and order directing the
accused to give support if entitled to give support
- The court itself can issue that a percentage of the
salary be directly remitted to the woman or victim.
It is like a withholding tax. If it is given to the
husband it is possible that it will not be given to the
wife.
- There was a case where the wife filed a case for
support against her husband who was a member of
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the AFP. The husband was retire-able and applied
for retirement from military service. The wife filed
a motion asking the court to direct the AFP finance
center to remit directly to the wife 50% of the
retirement benefits. The court granted the motion
and ordered the AFP finance center to remit 50%
directly to the wife. The finance center complained
because there is a law directing the AFP to remit
the retirement benefits only to the AFP member.
PD 1638 (sec. 31)
- The SC held that AFP finance center may be
ordered to deduct the percentage of its personnel to
the latter's lawful wife as spousal support pursuant
to RA 9262. Section 31 of PD 1638 and Section 39 of
RA 8291 (GSIS Act) do not prevail under RA 9262
because the latter is a later legislation. Republic vs.
Yahon G.R. 201043 June 16, 2014
- Failure to remit and/or withhold the remittance of
support to the woman and/or her child without
justifiable cause shall render the respondent or his
employer indirect contempt of court.
(h) Prohibition of the respondent from any use or
possession of any firearm or deadly weapon and
order him to surrender the same to the court for
appropriate disposition by the court, including
revocation of license and disqualification to apply
for any license to use or possess a firearm. If the
offender is a law enforcement agent, the court shall
order the offender to surrender his firearm and shall
direct the appropriate authority to investigate on the
offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the
violence inflicted, including, but not limited to,
property damage, medical expenses, childcare
expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to
provide petitioner may need; and
(k) Provision of such other forms of relief as the court
deems necessary to protect and provide for the
safety of the petitioner and any designated family or
household member, provided petitioner and any
designated family or household member consents to
such relief.
Any of the reliefs provided under this section shall
be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute
nullity of marriage.
The issuance of a BPO or the pendency of an
application for BPO shall not preclude a petitioner
from applying for, or the court from granting a TPO
or PPO.
(h) Prohibition of the respondent from any use or possession of any
firearm or deadly weapon and order him to surrender the same to the
court for appropriate disposition by the court, including revocation of
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As discussed by Judge D
license and disqualification to apply for any license to use or possess a
firearm. If the offender is a law enforcement agent, the court shall
order the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and take
appropriate action on the matter;
- Sometimes when couple fight, they use knives or guns
- Judges story: Before, I used to live in as boarding house. My
neighbors were a couple. They used to fight during the wee
hours of the night; the wife had a knife while the husband
had an unlicensed firearm. I was scared since he might use
the gun and it would go through my wall. When they
fought, they would shout ―yawaka!‖ ―demonyoka!‖.
(k) Provision of such other forms of relief as the court deems
necessary to protect and provide for the safety of the petitioner and
any designated family or household member, provided petitioner and
any designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted
even in the absence of a decree of legal separation or annulment or
declaration of absolute nullity of marriage.
EX: custody over the child – this is usually settled in a
petition for declaration for nullity or legal separation but
this issue may be tackled in RA 9262 in a criminal case.
The issuance of a BPO or the pendency of an application for BPO
shall not preclude a petitioner from applying for, or the court from
granting a TPO or PPO.
- Even if the barangay has already issued a protection
order, the victim could still apply for an issuance of a
TPO or PPO.
- BPO – easiest protection order that can be obtained
SECTION 9. Who may File Petition for Protection Orders. — A
petition for protection order may be filed by any of the following:
(a) The offended party;
(b) Parents or guardians of the offended party;
(c) Ascendants, descendants or collateral relatives within the
fourth civil degree of consanguinity
or affinity;
(d) Officers or social workers of the DSWD or social workers of
local government units (LGUs);
(e) Police officers, preferably those in charge of women and
children's desks;
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- In every police station there is a Women and
Children‘s desk
- The female police officers are trained to handle this
kind of cases – child abuse, women victims of
violence
(f) Punong Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of the
petitioner;
(h) At least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children
occurred and who has personal knowledge of the offense
committed.
SECTION 10. Where to Apply for a Protection Order. —
Applications for BPOs shall follow the rules on venue under
Section 409 of the Local Government Code of 1991 and its
implementing rules and regulations.
- RegardingBPO, the rule on venue provided by the Local
Government Code shall apply
- If parties are residing in the same barangay – with the
barangay where they are living
- If parties are living in different barangays – in the barangay
where the defendant or accused is living or residing
An application for a TPO or PPO may be filed in the regional trial
court, metropolitan trial court, municipal trial court, municipal
circuit trial court with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family court
exists in the place of residence of the petitioner, the application shall
be filed with that court
- Regarding TPO or PPO, it can be filed with the Family
Court but in the absence of the Family Court, it can be filed
even with the RTC, MCTC or MTC that has jurisdiction
over the residence of the petitioner. But if there is a Family
Court, the petition shall be filed with the Family Court.
SECTION 11. How to Apply for a Protection Order. — The
application for a protection order must be in writing, signed and
verified under oath by the applicant. It may be filed as an
independent action or as an incidental relief in any civil or criminal
case the subject matter or issues thereof partakes of a violence as
described in this Act.
- If there is no case yet filed, it should be through a petition.
If there is already a pending criminal case, the application
for the issuance of a TPO or PPO would be done by mere
motion.
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- The petition shall be verified by the applicant. It may be
filed as independent action or an incidental relief (meaning
motion) I there is already a pending civil or criminal case
involving violation of this Act
A standard protection order application form, written in English
with translation to the major local languages, shall be made available
to facilitate applications for protection orders.
- There is already a readymade form, fill in the blank type
If the applicant is not the victim, the application must be
accompanied by an affidavit of the applicant attesting to (a) the
circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filing of the
application. When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the application
SECTION 12. Enforceability of Protection Orders. — All TPOs and
PPOs issued under this Act shall be enforceable anywhere in the
Philippines and a violation thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5, 000.00) to Fifty Thousand
Pesos (P50, 000.00) and/or imprisonment of six (6) months.
- TPOs and PPOs are enforceable anywhere in the
Philippines even if a first level court issues it.
- Penalty for the violation: Fine – P5, 000.00 – P50, 000.00
and/or imprisonment of 6 months
SECTION 13. Legal Representation of Petitioners for a Protection
Order.
- If the woman or her child cannot avail or do not have the
capacity to hire their counsel of choice, they may avail the
services of PAO.
EX: When the mother and child is not given support by her
husband.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue
and How. — Barangay Protection Orders (BPOs) refer to the
protection order issued by the Punong Barangay ordering the
perpetrator to desist from committing acts under Section 5(a) and (b)
of this Act. A Punong Barangay who receives applications for a BPO
shall issue the protection order to the applicant on the date of filing
after ex parte determination of the basis of the application.
- It shall be issued on the date of filing.
- Why is it on the date of filing? The moment the husband
knows that she went to the barangay, there is a possibility
that the husband might kill or abuse her.
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If the Punong Barangay is unavailable to act on the application for a
BPO, the application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad, the order
must be accompanied by an attestation by the Barangay Kagawad
that the Punong Barangay was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for fifteen (15) days.
Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the
same on the respondent, or direct any barangay official to effect its
personal service.
- In case of the absence of the Barangay Captain, any
available Barangay Kagawad may issue a protection order.
- BPO shall be effective for 15 days and shall be served by
the Barangay Chairman himself or by the Kagawad who
issued the protection order.
EX: If in the protection order, it states that the husband be
evicted then the Chairman or Kagawad be the one to
implement the protection order. IF the husband would not
receive it, stick it to the wall of the house.
SECTION 15. Temporary Protection Orders. — Temporary
Protection Orders (TPOs) refers to the protection order issued by the
court on the date of filing of the application after ex parte
determination that such order should be issued.
- TPO shall be issued on the very date that the application
the petition was filed and the same shall be issued ex-parte
(without the presence of the adverse party)
- This provision was questioned in the case of Garcia
vsDrilon because according to the petitioner, this is a
violation of the due process clause of the Constitution. In
other words, the petitioner Garcia questioned the
constitutionality of the law. But in this case, the SC said
that it does not. RA 9262 deals with the problem of
violence within the family and intimate relationships,
which deserves special attention because it occurs in
situations or places where women and children should feel
most safe and secure, but are actually not.
- RA 9262 is valid and does not violate any provision of the
Constitution particularly the due process clause and the
equal protection of the Constitution. According to the SC
in another case of TuavsMangrobang Jan 22, 2014, the grant
of a TPO ex parte cannot, therefore, be challenged as
violative of the right to due process. The victim of VAWC
may already have suffered harrowing experiences in the
hands of her tormentor, and possibly even death, if notice
and hearing were required before such acts could be
prevented. Procedural due process must yield to the
necessities of protecting vital public interests, among
which is protection of women and children from violence
and threats to their personal safety and security.
- TPO is issued ex parte but the SC said that the moment a
court issued a TPO, the court shall likewise order that
notice be immediately given to the respondent directing
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him to file an opposition within five (5) days from service.
o The accused after the issuance of a TPO shall likewise be
directed to comment or object on such order within 5 days.
- Due process: law that requires that a person who is
accused of a crime should be heard or given first an
opportunity to be heard before he is condemned
A court may grant in a TPO any, some or all of the reliefs mentioned
in this Act and shall be effective for thirty (30) days.
- Duration of the TPO: 30 days
- TN that under section 16, it can be extended when it is
about to expire for 30 days and up to the time that the
court can decide or rule whether or not there is a need to
issue a permanent protection order.
- IOW the court can continuously extend or renew or TPO
for a period of 30 days for each particular time until final
judgment is issued or until the court can determine
whether or not a protection order shall be made permanent
or not.
The court shall schedule a hearing on the issuance of a PPO prior to
or on the date of the expiration of the TPO. The court shall order the
immediate personal service of the TPO on the respondent by the
court sheriff who may obtain the assistance of law enforcement
agents for the service. The TPO shall include notice of the date of the
hearing on the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. —
The court shall allow the introduction of any history of abusive
conduct of a respondent even if the same was not directed against the
applicant or the person for whom the applicant is made.
- IOW even those instances wherein the accused inflicted
violence, the same can be admitted in evidence in a case
where he charged with Violation of RA 9262 in order to
prove that he is the violent type or the accused has
violent tendencies. Even if the victim is not wife herself.
- Under the Rules of Evidence, this is not allowed. It is
considered irrelevant. This is what we call res inter aliosacta
– other acts of the accused cannot, cannot be introduced. It
is inadmissible in evidence. But for this law, it is allowed.
- Purpose: to prove the violent tendency of the accused
Regardless of the conviction or acquittal of the respondent, the Court
must determine whether or not the PPO shall become final. Even in a
dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.
- IOW even if the accused is acquitted, the court can still
issue a permanent protection order.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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SECTION 18. Mandatory Period For Acting on Applications For
Protection Orders. — Failure to act on an application for a
protection order within the reglementary period specified in the
previous sections without justifiable cause shall render the official or
judge administratively liable.
- It is a must that they do it fast.
SECTION 19. Legal Separation Cases. — In cases of legal
separation, where violence as specified in this Act is alleged, Article
58 of the Family Code shall not apply. The court shall proceed on the
main case and other incidents of the case as soon as possible. The
hearing on any application for a protection order filed by the
petitioner must be conducted within the mandatory period specified
in this Act.
- Infliction of physical injuries – a cause for legal separation
- If violence is the ground for filing the petition for legal
separation, the calling-off period (the case will not be heard
for 6 months) shall not apply.
SECTION 20. Priority of Applications for a Protection Order.
- The case shall be heard immediately and the case
involving violation of RA 9262 shall be given priority.
- The petition for the issuance of the protection order
should be acted on the same day that it is filed.
Otherwise, the judge will be held administratively
liable.
SECTION 21. Violation of Protection Orders. — A complaint for
a violation of a BPO issued under this Act must be filed directly
with any municipal trial court, metropolitan trial court, or
municipal circuit trial court that has territorial jurisdiction over
the barangay that issued the BPO. Violation of a BPO shall be
punishable by imprisonment of thirty (30) days without prejudice
to any other criminal or civil action that the offended party may
file for any of the acts committed.
- Penalty for the violation of a BPO: punishable for an
imprisonment of 30 days without prejudice to any other
criminal or civil action that the offended party may file for
any of the acts committed
- Where do you file a case of or violation of BPO: it should
be filed with the first level court that has territorial
jurisdiction over the barangay
- The first level court that is handling the case for violation
of a BPO may issue, upon motion or motuproprio
temporary.
A judgment of violation of a BPO may be appealed according to
the Rules of Court. During trial and upon judgment, the trial
court may motuproprio issue a protection order as it deems
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act
shall constitute contempt of court punishable under Rule 71 of the
Rules of Court, without prejudice to any other criminal or civil
action that the offended party may file for any of the acts
committed.
(Cont.) R.A. NO. 9262, ANTI VAWC
The provision for the application for protection order or a
motion for the issuance of the temporary or permanent
protection order can be filed in a criminal case involving a
violation of this law.
Section 23. The court may order the accused to put up a bond
to keep the peace. In order to make sure that the accused
would no longer inflict violence against the victims.
- This is similar with light or grave threats in the RPC.
- Garcia vs Drilon: The trial court required the accused
to put up a bond of 1 million.
PRESCRIPTIVE PERIOD (Section 24):
a. Acts under Section 5(a- f) shall prescribe in 20 years
while
b. Acts falling under Section 5 (g- i) shall prescribe in 10
years.
NOTE: any violation under this law is considered a
public crime.
Section 26. Battered Woman Syndrome as a defense.
This requires repeated infliction of violence.
BWS is considered as a defect. It‘s likened to an
illness. If it comes to a point that the woman- victim starts to
blame herself whenever she‘s being battered as when instead
of getting mad at the man who batters her, she gets mad at
herself, that is a symptom that she is already suffering from
battered woman syndrome. Read the case of Pp. vs Genosa.
Three Stages of BWS:
1. Tension- building phase
2. Acute battering incident
3. Tranquil, loving
Why does a woman suffering from BWS prefer to suffer in
silence?
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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a. Among others, the wife doesn‘t want to have a
broken family that‘s why as much as possible she‘d
just let her husband.
b. The husband is the sole breadwinner of the family,
and there‘s no other person from whom the family
can rely on for living.
If a woman is found to be suffering from BWS, SHE DOESN’T
INCUR ANY CRIMINAL AND CIVIL LIABILITY,
notwithstanding the absence of any of the elements of the
Justifying Circumstance of self defense. Even in the absence of
the essential element of unlawful aggression, BWS can still be
used as a defense.
Pp vs Genosa
- The husband of Genosa here is the breadwinner of the
family. Every payday, he would usually go on a
drinking spree with his friends and would arrive
home drunk. Genosa who used to ask money to pay
for the expenses at home ended up getting beaten by
her drunk husband. She came to a point where she
could no longer take the battering and so she stabbed
her husband the next time he attempted to batter her
again.
Genosa was convicted of PARRICIDE, because this
law wasn‘t enacted yet at that time.
The penalty for parricide was reclusion perpetua to
death. But because of the aggravating circumstances,
the TC convicted her of death hence the automatic
review of the SC. At the SC she first raised the defense
of BWS (through her new counsel, Atty. Catherine
Legarda)
Two ordinary mitigating was appreciated: Illness and
Pasion and Obfuscation. And so the SC lowered the
penalty and she was granted parole because she
already served the minimum.
Judge D: You think the SC was correct? The answer is NO.
Because Reclusion Perpetua is indivisible and it cannot be
offset by any ordinary mitigating. Probably they ruled it
that way out of mercy and also to give justice to Genosa.
NOTE: BWS is an issue which requires the testimony of an
expert witness: either a psychologist or a psychiatrist.
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PROHIBITED DEFENSE (Section 27)
Being under the influence of alcohol, any illicit drug or any
other mind- altering substance shall not be a defense under
this Act.
- Intoxication- either mitigating or aggravating
- Influence of drugs- always aggravating
Custody of Children is given to the woman victim
- Children below 7 years old or older but with mental
or physical disabilities shall automatically be given
to the mother with right to support, unless the court
finds compelling reasons to order otherwise.
- In no case shall custody be given to the perpetrator of
a woman who is suffering from BWS.
Section 30. The barangay officials and law enforcers should
immediately respond to a call for help or request for assistance,
or protection of the children by entering if necessary the house.
WON the protection order has been issued.
Arrest the suspected perpetrator even with or without warrant.
Otherwise such law enforcer can be charged, criminally, civilly
or administratively.
Section 31. Healthcare providers should likewise respond
immediately and submit reports.
Section 33. AMICABLE SETTLEMENT IS PROHIBITED.
Section 34 Persons intervening exempt from liability
- Any person, private individual or police authority or
barangay official shall not be liable for any criminal,
civil or administrative liability resulting therefrom
provided that such person, police authority or official
1. Was acting in accordance with law
2. Responds or intervenes without using violence or
restraint greater than necessary to ensure the
safety of the victim.
Section 43 Entitlement of Woman Victims to Work Leave up to
10 DAYS.
RA 7610
PROTECTION OF CHILDREN AGAINST ABUSE
August 12, 2016
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Child – persons below 18 or those over 18 but are unable to
fully take care/protect of themselvesfromb abuse due to
physical/mental disability or condition.
 -definition of a child here is copied in RA 9262
 -there must be proof that mental/physical disability
affects the victim; there must be
medical/psychological findings.
 -mere fact that the victim is suffering from a
physical/mental defect is not enough, there must be a
medical or psychological findings that such defect
would render the victim unable to defend himself
from abuse; People vsAbello March 25, 2009
Child Abuse – refers maltreatment whether habitual or not;
even if it is only a single act
Acts that constitute child abuse:
1. psychological and physical abuse
2. sexual abuse and emotional maltreatment
3. or an act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of the child as a
human being.
- Includes unreasonable deprivation of the child‘s basic
needs for survival.
- Failure to give immediate medical treatment to a
child resulting in serious impairment of his growth
and development or his permanent incapacity or
death.
- Discipline administered by the parent towards a child
is not considered as cruelty, provided it is reasonable
in manner and moderate only, and does not result to
physical/psychological injury.
*Sec. 5 Child Prostitution and Other Sexual Abuse –
Children, whether male or female, who for money, profit, or
any other consideration or due to the coercion or influence of
any adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
*Persons liable:
a. Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to, the
following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child
prostitute by means of written or oral advertisements or other
similar means;
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(3) Taking advantage of influence or relationship to
procure a child as prostitute;
(4) Threatening or using violence towards a child to
engage him as a prostitute; or
(5) Giving monetary consideration goods or other
pecuniary benefit to a child with intent to engage such child in
prostitution.
b. Those who commit the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to
other sexual abuse; Provided, That when the victims is under
twelve (12) years of age, the perpetrators shall be prosecuted
under Article 335, paragraph 3, for rape and Article 336 of Act
No. 3815, as amended, the Revised Penal Code, for rape or
lascivious conduct, as the case may be: Provided, That the
penalty for lascivious conduct when the victim is under twelve
(12) years of age shall be reclusion temporal in its medium
period; and
c. Those who derive profit or advantage therefrom, whether as
manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the
license has been issued to said establishment.
Notes:
- Remember that child prostitution may also constitute
a violation of another related law which is trafficking
in persons, RA 9208; if the victim of the trafficking is a
child, then the same is qualified.
- What if the child is not a prostitute? Can the accused
be charged under sec.5? Yes, it would constitute other
sexual abuse, particularly seduction, which is having
sexual intercourse of a minor through inducement,
deceit or fraud. Hence, the accused can be charged
under sec.5 or under the revised penal code.
- Same goes with rape of a child under 12, he can either
be liable under sec.5 of this law, or under the revised
penal code; he cannot be charged with both.
If the accused had sexual intercourse with a minor who is not a
prostitute and he did not induce or deceive the minor nor exert
any influence. No force, threats, intimidation. Is he liable for
child abuse?
o SC said in Pp vs Olayon: Having sexual intercourse
with a minor is not a crime per se. What is punishable
is sexual abuse with a child. Child abuse is having
sexual intercourse with a child prostitute or by means
of inducement, enticement, influence, threat,
intimidation or force. If these circumstances are not
present and if the minor in her own volition had sex
with the accused, the court cannot be held liable for
child abuse.
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Judge‘s opinion of the above ruling: There must be an
oversight for having a minor in your company in a hotel or in a
car which is heavily tinted is already a violation with this law.
How much more if you have sexual intercourse with such
minor?
TN: To be liable for RA 7610, it must be proven that the minor
is a prostitute. If she is not a prostitute, it must be proven that
sex was thru force, intimidation or threat or any circumstances
which constitute rape; or due to enticement, inducement,
deceit or influence. Without these circumstances, the accused
cannot be held liable.
Pp vs Abay Feb 24, 2009: If the victim is 12 years or older, the
offender should be charged with either sexual abuse under
RA 7610 Section 5(b) or Rape under the RPC. If the child is
below 12, the offender shall be charged under the RPC.
Section 6. Attempt To Commit Child Prostitution. – There is an
attempt to commit child prostitution under Section 5,
paragraph (a) hereof when any person who, not being a
relative of a child, is found alone with the said child inside the
room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any
other hidden or secluded area under circumstances which
would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.
 In special law, there are no attempted or frustrated
stages, unless the same is specifically provided or
penalized by law. In here, attempted is expressly
penalized.
 What will be your defense if you are with a child?
That he/she is your relative. Relationship is a
defense.
There is also an attempt to commit child prostitution, under
paragraph (b) of Section 5 hereof when any person is receiving
services from a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments. A penalty lower
by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of child
prostitution under this Act, or, in the proper case, under the
Revised Penal Code.
ARTICLE IV
Child Trafficking
 Trafficking can be found in RA 9208 (Anti-Trafficking
in Pesons), as well as in this law, RA 7610
Section 7.Child Trafficking. – Any person who shall engage in
trading and dealing with children including, but not limited to,
the act of buying and selling of a child for money, or for any
other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
imposed in its maximum period when the victim is under
twelve (12) years of age.
 As you can observe here, the terms of penalty used
here come from the RPC, and so the rule is that, the
provisions of the RPC shall also apply - such as
mitigating and aggravating circumstances.
 Child trafficking under 9208 is life imprisonment.
Here it is Reclusion Temporal to Perpetua
Section 8. Attempt to Commit Child Trafficking. – There is an
attempt to commit child trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country
without valid reason therefor and without clearance issued by
the Department of Social Welfare and Development or written
permit or justification from the child's parents or legal
guardian;
(b) When a pregnant mother executes an affidavit of
consent for adoption for consideration;
(c) When a person, agency, establishment or child-caring
institution recruits women or couples to bear children for the
purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children
among low-income families, hospitals, clinics, nurseries, day-
care centers, or other child-during institutions who can be
offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the
consummated felony under Section 7 hereof shall be imposed
upon the principals of the attempt to commit child trafficking
under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9.Obscene Publications and Indecent Shows. – Any
person who shall hire, employ, use, persuade, induce or coerce
a child to perform in obscene exhibitions and indecent shows,
whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its
medium period.
 RA 9775 – Child Pornography. This is related to this
section.
 Even if the child is not the model or is not dancing,
but if you let him or her sell – that is child abuse.
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If the child used as a performer, subject or seller/distributor is
below twelve (12) years of age, the penalty shall be imposed in
its maximum period.
Any ascendant, guardian, or person entrusted in any capacity
with the care of a child who shall cause and/or allow such
child to be employed or to participate in an obscene play,
scene, act, movie or show or in any other acts covered by this
section shall suffer the penalty of prision mayor in its medium
period.
ARTICLE VI
Other Acts of Abuse
Section 10.Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the Child's
Development. –those acts not mentioned in Sec 5-9 fall here.
(a) Any person who shall commit any other acts of child
abuse, cruelty or exploitation or to be responsible for other
conditions prejudicial to the child's development including
those covered by Article 59 of Presidential Decree No. 603, as
amended, but not covered by the Revised Penal Code, as
amended, shall suffer the penalty of prision mayor in its
minimum period.
 Inflicting physical injuries to the child fall here. That
is cruelty.
 Case: A child came home crying because she was
punched by the neighbor who is a child as well. The
father got mad and looked for the child who
punched and slapped that child. He was convicted in
the RTC of Child abuse. Is he liable for child abuse?
No, SC convicted him of slight physical injuries only. Not
every instance of laying hands on a child constitutes child
abuse. Only when the laying of hands is intended to
debase, degrade or demean the intrinsic worth and dignity
of the child as a human being should it be punished as
child abuse. Otherwise, it is only punishable under the
RPC.(Pp vs Bongalon, March 20, 2013)
 Case: A grade 1 pupil‘s teacher was sleeping for noon
break. The child and classmates were playing in the
room and accidentally hit the knee of the teacher. The
teacher ordered the child to ask for apology but the
child did not and kept quiet. Now, the teacher
pinched him and held him up his armpits and
pushed him to the desk causing the child to lose his
consciousness. The teacher continued and picked up
the student by his ears and banged him on the floor.
The teacher cited the case of Pp vs Bongalon. Does
her act constitute Child Abuse? (Pp vs Rosaldez GR
173988)
 Case: Teacher banged the heads of the student to
each other. One student died because of that. Is that
child cruelty? YES! (De Ocampo vs DOJ)
 CRIMINAL LAW REVIEW (SPL)
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Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the Child's
Development
(a) Any person who shall commit any other acts of child abuse,
cruelty or exploitation or to be responsible for other conditions
prejudicial to the child's development including those covered
by Article 59 of Presidential Decree No. 603, as amended, but
not covered by the RPC, as amended.
Article 59. Crimes. - Criminal liability shall attach to any
parent who:
1. Conceals or abandons the child with intent to make such
child lose his civil status.
2. Abandons the child under such circumstances as to deprive
him of the love, care and protection he needs.
3. Sells or abandons the child to another person for valuable
consideration.
4. Neglects the child by not giving him the education which
the family's station in life and financial conditions permit.
5. Fails or refuses, without justifiable grounds, to enroll the
child as required by Article 72.
6. Causes, abates, or permits the truancy of the child from the
school where he is enrolled. "Truancy" as here used means
absence without cause for more than twenty schooldays,
not necessarily consecutive.
7. It shall be the duty of the teacher in charge to report to the
parents the absences of the child the moment these exceed
five schooldays.
8. Improperly exploits the child by using him, directly or
indirectly, such as for purposes of begging and other acts
which are inimical to his interest and welfare.
9. Inflicts cruel and unusual punishment upon the child or
deliberately subjects him to indignation and other excessive
chastisement that embarrass or humiliate him.
10. Causes or encourages the child to lead an immoral or
dissolute life.
11. Permits the child to possess, handle or carry a deadly
weapon, regardless of its ownership.
(b) Any person who shall keep or have in his company a
minor, twelve (12) years or under or who in ten (10) years or
more his junior in any public or private place, hotel, motel,
beer joint, discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or similar
places.
Provided, That this provision shall not apply to any person
who is related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or legal
duty.
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(c) Any person who shall induce, deliver or offer a minor to
any one prohibited by this Act to keep or have in his company
a minor as provided in the preceding paragraph.
Provided, however, That should the perpetrator be an
ascendant, stepparent or guardian of the minor, the penalty to
be imposed shall be in its maximum period and the loss of
parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the
operation of any public or private place of accommodation,
whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with
him to such place or places any minor.
(e) Any person who shall use, coerce, force or intimidate a
street child or any other child to;
1. Beg or use begging as a means of living;
2. Act as conduit or middlemen in drug trafficking or
pushing; or
3. Conduct any illegal activities, shall suffer the penalty of
prision correccional in its medium period to reclusion
perpetua.
For purposes of this Act, the penalty for the
commission of acts punishable under Articles 248, 249, 262,
paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the RPC, for the crimes of murder, homicide, other
intentional mutilation, and serious physical injuries,
respectively, shall be reclusion perpetua when the victim is
under twelve (12) years of age.
The penalty for the commission of acts punishable
under Article 337, 339, 340 and 341 of Act No. 3815, as
amended, the RPC, for the crimes of qualified seduction, acts
of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively,
shall be one (1) degree higher than that imposed by law when
the victim is under twelve (12) years age.
So, being a minor is a qualifying circumstance.
Section 11. Sanctions of Establishments or Enterprises
which Promote, Facilitate, or Conduct Activities
Constituting Child Prostitution and Other Sexual Abuse,
Child Trafficking, Obscene Publications and Indecent
Shows, and Other Acts of Abuse
All establishments and enterprises which promote or
facilitate child prostitution and other sexual abuse, child
trafficking, obscene publications and indecent shows, and
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other acts of abuse shall be immediately closed and their
authority or license to operate cancelled, without prejudice to
the owner or manager thereof being prosecuted under this
Act and/or the RPC, as amended, or special laws. A sign with
the words "off limits" shall be conspicuously displayed
outside the establishments or enterprises by the DSWD for
such period which shall not be less than one (1) year, as the
Department may determine. The unauthorized removal of
such sign shall be punishable by prision correccional.
In other words, they can be summarily closed, even without
court order by the DSWD.
Section 12. Employment of Children
Children below fifteen (15) years of age may be employed
EXCEPT:
(1) When a child works directly under the sole responsibility
of his parents or legal guardian and where only members of
the employer's family are employed.
Provided, however, That his employment neither
endangers his life, safety and health and morals, nor
impairs his normal development.
Provided, further, That the parent or legal guardian
shall provide the said minor child with the prescribed
primary and/or secondary education; or
(2) When a child's employment or participation in public &
entertainment or information through cinema, theater, radio
or television is essential.
Provided, The employment contract concluded by the
child's parent or guardian, with the express agreement of
the child concerned, if possible, and the approval of the
DOLE.
Provided, That the ff. requirements in all instances are
strictly complied with:
(a) The employer shall ensure the protection, health,
safety and morals of the child;
(b) the employer shall institute measures to prevent
the child's exploitation or discrimination taking
into account the system and level of
remuneration, and the duration and arrangement
of working time; and;
(c) The employer shall formulate and implement,
subject to the approval and supervision of
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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competent authorities, a continuing program for
training and skill acquisition of the child.
In the above exceptional cases where any such child may be
employed, the employer shall first secure, before engaging
such child, a work permit from the DOLE which shall ensure
observance of the above requirement.
Section 12-A. Hours of Work
(1) A child below fifteen (15) years of age may be allowed to
work for not more than twenty (20) hours a week: Provided,
That the work shall not be more than four (4) hours at any
given day;
(2) A child fifteen (15) years of age but below eighteen (18)
shall not be allowed to work for more than eight (8) hours a
day, and in no case beyond forty (40) hours a week;
(3) No child below fifteen (15) years of age shall be allowed to
work between eight o'clock in the evening and six o'clock in
the morning of the following day and no child fifteen (15)
years of age but below eighteen (18) shall be allowed to work
between ten o'clock in the evening and six o'clock in the
morning of the following day.
Section 12-B. Salary of the Child
The wages, salaries, earnings and other income of the
working child shall belong to him/her in ownership and shall
be set aside primarily for his/her support, education or skills
acquisition and secondarily to the collective needs of the
family: Provided, That not more than twenty percent (20%) of
the child's income may be used for the collective needs of the
family.
Sec. 12-C. Trust Fund to Preserve Part of the Working
Child's Income
The parent or legal guardian of a working child below
eighteen (18) years of age shall set up a trust fund for at least
thirty percent (30%) of the earnings of the child whose wages
and salaries from work and other income amount to at least
two hundred thousand pesos (P200,000.00) annually, for
which he/she shall render a semi-annual accounting of the
fund to the DOLE, in compliance with the provisions of this
Act.
The child shall have full control over the trust fund upon
reaching the age of majority.
Sec. 12-D. Prohibition Against Worst Forms of Child Labor
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No child shall be engaged in the worst forms of child labor.
The phrase "worst forms of child labor" shall refer to any of the
following:
(1) All forms of slavery, as defined under the "Anti-
Trafficking in Persons Act of 2003", or practices similar to
slavery such as sale and trafficking of children, debt bondage
and serfdom and forced or compulsory labor, including
recruitment of children for use in armed conflict; or
(2) The use, procuring, offering or exposing of a child for
prostitution, for the production of pornography or for
pornographic performances; or
(3) The use, procuring or offering of a child for illegal or illicit
activities, including the production and trafficking of
dangerous drugs and volatile substances prohibited under
existing laws; or
(4) Work which, by its nature or the circumstances in which it
is carried out, is hazardous or likely to be harmful to the
health, safety or morals of children, such that it:
a) Debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being; or
b) Exposes the child to physical, emotional or sexual
abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
c) Is performed underground, underwater or at
dangerous heights; or
d) Involves the use of dangerous machinery,
equipment and tools such as power-driven or
explosive power-actuated tools; or
e) Exposes the child to physical danger such as, but not
limited to the dangerous feats of balancing, physical strength
or contortion, or which requires the manual transport of
heavy loads; or
f) Is performed in an unhealthy environment exposing the
child to hazardous working conditions, elements, substances,
co-agents or processes involving ionizing, radiation, fire,
flammable substances, noxious components and the like, or to
extreme temperatures, noise levels, or vibrations; or
g) Is performed under particularly difficult conditions; or
h) Exposes the child to biological agents such as bacteria,
fungi, viruses, protozoans, nematodes and other parasites; or
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i) Involves the manufacture or handling of explosives and
other pyrotechnic products.
RA 7610
- More on the victim who is a minor
RA 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE
JUSTICE AND WELFARE SYSTEM, CREATING THE
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER
THE DEPARTMENT OF JUSTICE, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES
- More on the offender who is a minor
Important words to TAKE NOTE:
Best interest of the child (memorizes or at least familiarize)
- the totality of the circumstances and conditions which
are most congenial to the survival, protection and
feelings of security of the child and most encouraging
to the child‘s physical, psychological and emotional
development. It also means the least detrimental
available alternative for safeguarding the growth and
development of the child.
Child
- limited to a person under the age of 18
- a person who is over 18 is not considered a child
under this law unlike in RA 7610 and RA 9262 and in
RA 9208
- so even if his mental age is like that of the child, he
cannot be considered a child under this law
Child at risk
- refers to a child who is vulnerable to and at the risk
of committing criminal offenses because of personal,
family and social circumstances, such as, but not
limited to, the following:
1) being abused by any person through sexual,
physical, psychological, mental, economic or
any other means and the parents or guardian
refuse, are unwilling, or unable to provide
protection for the child;
2) being exploited including sexually or
economically;
3) being abandoned or neglected, and after
diligent search and inquiry, the parent or
guardian cannot be found;
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
4) coming from a dysfunctional or broken
family or without a parent or guardian;
5) being out of school;
6) being a streetchild;
7) being a member of a gang;
8) living in a community with a high level of
criminality or drug abuse; and
9) living in situations of armed conflict.
Child in Conflict with the Law
- refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense
- So if a child committed a crime or is already
convicted, he is called a child in conflict of the law.
- If have not committed a crime yet but at risk of
committing a crime, he is called a child at risk.
Diversion
- Refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a
child in conflict with the law on the basis of his/her
social, cultural, economic, psychological or
educational background without resorting to formal
court proceedings.
- In determining the guilt or innocence of the person,
we know that this is determined by the court. In
diversion, this is a process of knowing the
responsibility of the minor without undergoing court
proceedings. This refers to the process of knowing
whether or not a child who is alleged to have
committed a crime is indeed guilty but without going
to court.
- In our term, it is referred to as ―amicable settlement‖.
- What will you do in order for the child to realize that
he committed a crime and for the victim to be given
justice/satisfied?
 Return of the stolen item or ask
forgiveness/apology or let the child undergo
skills training including the parents. This is
what we call diversion program.
Diversion Program
- Refers to the program that the child in conflict with
the law is required to undergo after he/she is found
responsible for an offense without resorting to formal
court proceedings.
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- You undergo court proceedings in order to determine
whether or not you committed a crime. Now, the
court will automatically render sentence. In diversion
program, the child is given sentence but the parties
agree how or what will be the program that the child
will undergo.
- So, diversion is the process of knowing the guilt of the
child. After knowing the responsibility of the child,
there is now a program.
- Diversion is for the minor who committed a crime
with discernment. He is over 15 but under 18. He
undergoes diversion.
 If they cannot agree because the child will
insists that he did not commit the crime or if
he admits and he already sold the thing and
the parents won‘t pay and would insist on
putting the child in jail, the child will
undergo court proceedings. In other words,
diversion is similar with alternative mode of
dispute resolution.
- This is voluntary on the part of the victim, the minor
together with the parents.
 If the victim won‘t agree and would want
that the child be jailed, there will be no
diversion program.
- Any admission made by the child will not be used as
evidence against him.
 Example: There is diversion, then the child
admitted the crime. He promised to return
the stolen item and the parents also
promised to pay but they failed to do so,
then there will be court proceedings. The
admission then made by the child will not be
used against him.
Intervention
- Refers to a series of activities which are designed to
address issues that caused the child to commit an
offense. This is for the minors who are exempt from
liability. Who are these minors?
 Those 15 years and below
 Those who are over 15 but under 18 and
who acted without discernment
- What are these series of activities:
 Counselling
 Skill training
 Education
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
 And other activities that will enhance the Youth Rehabilitation Center – similar to Bahay Pag-asa
child‘s psychological, emotional and psycho-
social well-being. - This is managed by DSWD
o Such as spiritual enrichment
SECTION 6. Minimum Age of Criminal Responsibility. - A
Recognizance child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal
- Refers to an undertaking in lieu of a bond assumed by liability. However, the child shall be subjected to an
a parent or custodian who shall be responsible for the intervention program pursuant to Section 20 of this Act.
appearance in court of the child in conflict with the
law, when required. A child above fifteen (15) years but below eighteen (18) years
- This is a promise undertaken by the parents to of age shall likewise be exempt from criminal liability and be
present the minor in court whenever required by the subjected to an intervention program, unless he/she has acted
court or any responsible person. with discernment, in which case, such child shall be subjected
to the appropriate proceedings in accordance with this Act.
Restorative Justice
The exemption from criminal liability herein established does
- Refers to a principle which requires a process of not include exemption from civil liability, which shall be
resolving conflicts with the maximum involvement of enforced in accordance with existing laws.
the victim, the offender and the community.
- It seeks to obtain: (3 Rs) - Exactly 15 years old is exempt
1) reparation for the victim - Deemed to be 15 years old on the day of his 15th
2) reconciliation of the offender, the offended birthday
and the community; and - Intervention program refers to series of activities to
3) reassurance to the offender that he can be insure that the child will not anymore commit a crime
reintegrated into society.
To determine the age of the Child:
- Example: Here in Cebu, we have ―Operation Second
Chance‖. In Argao, they have the Regional
1. Birth Certificate
Rehabilitation Center for Youth operated by the
2. Baptismal Certificate
DSWD.
3. Any document that will show the age of the child
such as school records
Status Offenses- refers to offenses which discriminate only
4. Testimonial Evidence in the absence of the
against a child, while an adult does not suffer any penalty for
foregoing by the parents, classmates, friends,
committing similar acts. These shall include curfew violations;
neighbours or even the child himself
truancy, parental disobedience and the like.
5. Physical Appearance of the Child
- Ana act which is punishable by a minor but is not a
If a case has already been filed in court and there is a doubt as
crime when committed by an adult
to the age of the child, the court has to determine first the age
Bahay Pag-asa – it is a 24 hour child caring institution of the child if the adverse party would question the minority of
established funded and managed by the local government the child or when the defense itself would file a motion to
units and licensed and/or accredited non-governmental determine the age of the child.
organization providing a short term residential care for
children in conflict with the law who are awaiting the
disposition of their cases or transfer to another agency or
How to prevent Juvenile Delinquency:
jurisdiction.
1. Family
- Minors are placed here who are waiting for the
 One of the circumstances that cause child at risk is
disposition of their cases.
a broken/dysfunctional family.
- Operation Second Chance
 Basic unit of society
2. School
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 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
3. Mass Media
4. Local Government - If found to be dependent, abandoned, neglected and
abused by the parents and the best interest of the
August 14, 2016 child shall be placed in a Bahay Pag-asa, the parents
will be forced to execute an affidavit to give up their
Minimum age of criminal liability is 15 years and under parental authority
Over 15 but under 18 could still be exempted if they acted
without discernment Before, a child must be judicially declared to be abandoned.
- The DSWD must file a petition to the court to be
Discernment declared as an abandoned child
- Capability to distinguish right from wrong - Once declared abandoned he shall be open for adoption
- Determined by psychologists
- When a minor who is over 15 but below 18, would Foundling:
commit a crime, he shall be subjected to evaluation to - Parents are unknown
determine if he acted with discernment with the - Birth date is unknown
DSWD. - Birthplace is unknown
- If he acted with discernment then he shall be charged - Given a Certificate of Foundling
- The information must allege that he acted with
discernment and proved in trial Now, declaration of abandonment of a child is administrative
- DSWD can now declare child as abandoned
The presumption is minority - If the child has no parents or guardian
- The face of the child - Petition for involuntary commitment shall be file by the
DSWD
Child in Conflict with the Law - Minimum age for children committed to Bahay Pag-asa
is 12 years old
The burden of proof
- On the person who questions the minority of the child Children who are exempt but have committed heinous crimes:
- Over 12 up to 15 and who commits parricide, murder,
SECTION 20. Children 15 years old and Below infanticide, kidnapping and serious illegal detention
- If 15 years old or below, he is exempt where the victim is killed or raped, robbery with
- Initial contact (the one who arrested the child) homicide or rape, destructive arson, rape or car
- If known that the child is under 15 then he shall be napping where the driver or occupant is killed or
released to his parents raped or offenses under RA 9165 punishable for more
o He shall be subjected to intervention based than 12 years shall be deemed a neglected child under
program because he cannot be imprisoned or PD 603 as amended and shall be mandatorily placed
charged in the Bahay Pag-asa in the Intensive Juvenile
o It will be supervised by the local social Intervention and Support Center (IJISC)
development officer or to welfare - Proper petition for the IJISC shall be filed by the local
- The LGUs are mandated to create "Bahay Pag-asa" social welfare development officer where the offense
similar with Operation Second Chance was committed or the DSWD social worker in the
o 24 hour facility that would take care of the absence of the LSWDO
minor - Commitment of the child shall not be less than 1 year
until such time that he is ready for integration into
Local Social Welfare Development Officer society
- Determines the appropriate program for the child
- If the parents or guardians cannot be located or refuse SECTION 20-B. Repetition of Offenses
to take custody of the child, the child shall be released - A child who is above 12 years of age up to 15 years of
to: age and who commits for the second time or oftener,
1. Duly released to the non- provided that the child was previously subjected to
governmental (balay pasilonganan) community based intervention program shall be
or religious organization deemed a neglected child under PD 603 and shall
2. Barangay Official or a member of undergo an intensive intervention program
the Barangay council supervised by the local social welfare and
3. Local social welfare development development officer. If the best interest of the child
officer requires, he shall be placed in a youth care facility or
4. DSWD Bahay Pag-asa. The child‘s parents shall execute a

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 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
written authorization for the commitment of the
child.
- If the child has no parents or if they refuse to execute
the proper authorization, a proper petition for
involuntary commitment shall be filed by the DSWD
with the court.
- Children who are exempt but are repeat offenders and
the crimes committed are not heinous are placed in
the Bahay Pag-asa
- Recidivist children
- They shall be declared abandoned
Section 20-C. Exploitation of Children for Commission of
Crimes
- aggravating circumstance
- using minor in the commission of the crime
- any person, who in the commission of a crime, makes
use, takes advantage or profits from the use of
children including any person who abuses his
authority over the child or who with the abuse of
confidence takes advantage of the vulnerability of the
child and shall induce, threaten or instigate the
commission of the crime, the maximum penalty of the
crime shall be imposed.
Section 20-D. Joint Parental Responsibility
- Multi disciplinary team
- The court may require the parents to undergo
counselling or any other intervention that in the
opinion of the court, would advance the welfare and
best interest of the child
- Parents shall mean:
1. Biological parents of the child
2. Adoptive parents of the child
3. Individuals who have custody of the child
- The parents shall be liable for damages unless they
prove, to the satisfaction of the court, that they were
exercising reasonable
- Due diligence of the parents or else they will be civilly
liable
SECTION 21. Procedure for Taking the Child into Custody. —
From the moment a child is taken into custody, the law enforcement
officer shall:
(e) Avoid displaying or using any firearm, weapon, handcuffs or
another instruments of force or restraint, unless absolutely necessary
and only after all other methods of control have been exhausted and
have failed;
(i) Immediately but not later than eight (8) hours after apprehension,
turn over custody of the child to the Social Welfare and Development
Office or other accredited NGOs, and notify the child's
parents/guardians and Public Attorneys' Office of the child's
apprehension. The social welfare and development officer shall
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explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and
reparation, if appropriate;
(j) Take the child immediately to the proper medical and health officer
for a thorough physical and mental examination. The examination
results shall be kept confidential unless otherwise ordered by the
Family Court. Whenever the medical treatment is required, steps
shall be immediately undertaken to provide the same;
SECTION 22. Duties During Initial Investigation.
(a) Proceed in accordance with Section 20 if the child is fifteen
(15) years or below or above fifteen (15) but below eighteen
(18) years old, who acted without discernment; and
- Right after the apprehension of the child, especially if
he is over 15 the social worker shall conduct an
assessment to determine the appropriate
interventions and whether the child aced with
discernment using the discernment assessment tools
developed by the DSWD
- If the child caught is over 15, there must be findings
from the DSWD as to whether the child acted with
discernment or not
- If the child is 15 years old or below, there must be
intervention
(b) If the child is above fifteen (15) years old below eighteen
(18) and who acted with discernment, proceed to diversion
under the following chapter.
- Diversion is the alternative process of determining
the guilt of the accused without going to court or
without going to trial
- Subject to diversion
CHAPTER 2
Diversion
SECTION 23. System of Diversion. — Children in conflict with the
law shall undergo diversion programs without undergoing court
proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committed is not more
than six (6) years imprisonment, the law enforcement officer or
Punong Barangay with the assistance of the local social welfare and
development officer or other members of the LCPC shall conduct
mediation, family conferencing and conciliation and, where
appropriate, adopt indigenous modes of conflict resolution in
accordance with the best interest of the child with a view to
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family
shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than
six (6) years imprisonment, the local social welfare and development
officer shall meet with the child and his/her parents or guardians for
the development of the appropriate diversion and rehabilitation
program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six
(6) years imprisonment, diversion measures may be resorted to only
by the court.
- Where does the diversion proceedings start? It starts with
the law enforcement level – the police. Then in the
barangay level. Then if it is filed in court, the fiscal will still
conduct diversion proceedings. If they do not agree with
the fiscal, then with the court.
EX: Once a child is caught snatching, he is subjected to
diversion (or amicable settlement). If he is caught in the
act, he is asked to ask for forgiveness. If he got an item, for
example a cellphone, then he would be asked where he
gave or sold the cellphone. They would then undergo
counseling with their parents.
- Diversion is only voluntary
- If the parties come to an agreement but the child would not
follow or the parents would not follow, then a case will be
filed in court
- If the diversion proceedings failed because:
 The child does not agree on diversion; or
 The offended party does not agree to diversion; or
 The parents does not agree to diversion; or
 They agree but later on the parents did not comply
with the program then the case will be filed in court for
court proceedings.
- Once the parties can agree then there shall be the so-called
diversion program.
- For those cases, which are punishable by more than 6
years, the court shall only conduct the diversion
proceedings.
- What consists of the diversion program? Under Section 31.
SECTION 31. Kinds of Diversion Programs. — The diversion
program shall include adequate socio-cultural and psychological
responses and services for the child. At the different stages where
diversion may be resorted to, the following diversion programs may
be agreed upon, such as, but not limited to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
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(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the
child's family;
(7) Attendance in trainings, seminars and lectures on:
(i) Anger management skills;
(ii) Problem solving and/or conflict resolution skills;
(iii) Values formation; and
(iv) Otherskills which will aid the child in dealing with
situations which can lead to repetition of the offense;
(8) Participation in available community-based programs,
including community service; or
(9) Participation in education, vocation and life skills programs
- Diversion is the process; diversion program is what they
have come to agree upon.
- If the diversion fails, then the court shall hear the case. The
minor who is found to have acted with discernment shall
be subjected to court proceedings.
CHAPTER 4
Court Proceedings
SECTION 34. Bail. — For purpose of recommending the amount of
bail, the privileged mitigating circumstance of minority shall be
considered.
- Detention of the minor should be the last recourse. As
much as possible, the minor should not be detained.
- This is an example of the Positivist theory. The welfare of
the offender is thought of.
- The bail of the minor should be lower because of his
minority.
SECTION 35. Release on Recognizance. — Where a child is
detained, the court shall order:
(a) The release of the minor or recognizance to his/her parents and
other suitable persons;
(b) The release of the child in conflict with the law on bail; or
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
(c) The transfer of the minor to a youth detention home/youth
rehabilitation center.
The court shall not order the detention of a child in a jail pending
trial or hearing of his/her case.
- If possible, no bail shall be required in releasing the minor
but instead he shall be released on recognizance.
- Recognizance: promise that the minor shall be presented in
court whenever the court would require his presence
- This is not available in all cases. This is only available to
minor cases.
- Who promises that the minor will be presented when
needed?
1. Parents; or
2. Responsible members of the community such as the
Barangay Captain; or
3. If he cannot put up bail or released on recognizance –
he will placed at BahayPag-asa or youth rehabilitation
center
- Why are they not placed in a jail for adults? The minors
might be influenced.
SECTION 36. Detention of the Child Pending Trial.
- The detention of the child shall only be done as a last resort
SECTION 38. Automatic Suspension of Sentence. — Once the child
who is under eighteen (18) years of age at the time of the commission
of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted
from the offense committed. However, instead of pronouncing the
judgment of conviction, the court shall place the child in conflict
with the law under suspended sentence, without need of application:
Provided, however, That suspension of sentence shall still be applied
even if the juvenile is already eighteen years (18) of age or more at
the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the appropriate
disposition measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.
- Reckoning period is at the time of the commission of the
offense
- Suspended sentence: the minor will be sentenced if he is
guilty and the service of his sentence shall be suspended
- Instead of requiring him to serve his sentence, the minor
shall be brought to a rehabilitation center where he shall
stay for a certain period of time but before reaching 21
- If he will be pronounced guilty by the court, he will not be
told to serve his sentence but instead he will be placed in a
youth rehabilitation center
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- What does the minor do in a youth rehabilitation center?
He will be observed, rehabilitated. The rehabilitation center
personnel submit a monthly progress report to the court
and states whether the minor is rehabilitated or not.
- The court will cite a period for as long as it would not
exceed 21.
- If the report of the rehabilitation center is favorable, the
case of the minor shall be dismissed. As if he did not
commit any crime.
- Suppose the minor is already at age, over 18 at the time of
the promulgation can he still avail of the benefit of
suspended sentence? Yes, provided that he is not yet 21
years old or over at the time of promulgation.
SECTION 51. Confinement of Convicted Children in Agricultural
Camps and other Training Facilities. — A child in conflict with the
law may, after conviction and upon order of the court, be made to
serve his/her sentence, in lieu of confinement in a regular penal
institution, in an agricultural camp and other training facilities that
may be established, maintained, supervised and controlled by the
BUCOR, in coordination with the DSWD.
- If he was a minor at the time he committed the crime but at
the time of the promulgation he is already over 21. What
should be done with the offender? He shall be detained or
required to serve his sentence in an agricultural camp,
which is jointly managed, by the Bureau of Correction and
DSWD.
- What about those minors who committed heinous crime,
can they also enjoy suspended sentence? Yes, suspended
sentence also applies to cases punishable by reclusion
perpetua or life sentence. (PpvsSarcia, September 10, 2009)
SECTION 39. Discharge of the Child in Conflict with the Law. —
Upon the recommendation of the social worker who has custody of
the child, the court shall dismiss the case against the child whose
sentence has been suspended and against whom disposition measures
have been issued, and shall order the final discharge of the child if it
finds that the objective of the disposition measures have been
fulfilled.
The discharge of the child in conflict with the law shall not affect the
civil liability resulting from the commission of the offense, which
shall be enforced in accordance with law.
- Suppose the report of the rehabilitation center where the
child convicted of a crime is unfavorable, what should the
court do? If the child is found to be incorrigible (he has not
rehabilitated) then he shall be brought to the court and he
shall now be required to serve his sentence.
- The benefit of suspended sentence is automatic. Unlike in
probation, there is no need for the minor to apply. The
 CRIMINAL LAW REVIEW (SPL)
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court handling the case during promulgation and upon Section 57 STATUS OFFENSES
termination of the case, that the minor is still 21 years or
below shall suspend the sentence. There is no need for - An act which is considered a crime when committed
application. by a minor but when the same act is committed by an
- The benefits under RA 9344 can only be enjoyed by a adult, it is not a crime.
person who is a minor by the time of the commission of the
crime. The use of the term minor is limited, it only refers to
Section 57- A Violations of Local Ordinances
a person who is below 18. It does not cover a person above
18 at the time of the commission of the crime, although his
- Ordinances enacted by local government concerning
mental age is equivalent to that of a minor. Unlike in RA
7610 and RA 9262, the term minor covers a person over 18 juvenile status offenses shall be for the protection of
but unable to protect themselves. (Ppvs Rojas, June 4, 2014) children. NO PENALTY SHALL BE IMPOSED ON
It is not based on the mental age of the accused. CHILDREN FOR SAID VIOLATIONS and they
shall instead be brought to their residence or to any
SECTION 41. Credit in Service of Sentence. — The child in conflict barangay official at the barangay hall to be released to
with the law shall be credited in the services of his/her sentence with the custody of their parents.
the full time spent in actual commitment and detention under this
Act. This includes:

- Those minors whose cases are still pending will be placed 1. Curfew violations
in the rehabilitation center for youth offenders. The time 2. Light offenses and misdemeanors against public
served will be credited to their sentence. order or safety like
a. Disorderly conduct
SECTION 42. Probation as an Alternative to Imprisonment. — The
b. Public Scandal
court may, after it shall have convicted and sentenced a child in
conflict with the law, and upon application at any time, place the c. Harassment
child, on probation in lieu of service of his/her sentence taking into d. Drunkenness
account the best interest of the child. For this purpose, Section 4 of e. Public Intoxication
Presidential Decree No. 968, otherwise known as the "Probation Law f. Criminal Nuisance
of 1976," is hereby amended accordingly. g. Vandalism
h. Gambling
- Those minors who are serving sentence since they were not i. Mendicancy
rehabilitated they can apply for probation. j. Littering
- As a general rule, one applies for probation during the k. Public Urination and
period for appeal. But the rule is different as regards a
l. Trespassing
minor because the minor can apply for probation anytime.
3. Anti- Smoking and anti drinking laws
- We all know that we can only apply for probation if the
sentence imposed is 6 years but under RA 9165 the 4. Parental disobedience and
probation that can be applied for can be availed even if the 5. Truancy
sentence imposed is over 6years, except when the charge is
for selling. Even if one is sentenced to 20 years - Appropriate intervention programs shall be provided
imprisonment under RA 9165, for as long as it is not for in such ordinances. The child shall also be
selling, one can apply for probation.
recorded as a “child at risk” and not as a “child in
conflict with the law”.
Section 43 The records and proceedings of the case of the child
in conflict with the law shall be CONFIDENTIAL.
- The ordinance shall also provide for intervention
programs such as counselling, attendance in group
- A person who has been in conflict with the law as a
child shall not be held under any provision of law, to activities for children and for the parents, attendance
be guilty of perjury or of concealment or in parenting education seminars.
misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto Question: Under Section 57 could there be a penalty
in response to any inquiry made to him/her for any imposed on the parents?
purpose.

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 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
Judge D: Yes. Neglecting the children is a form of Child
Abuse. See Sec 3a of RA 7610, Child Abuse. That is why
there is now a pending bill in Congress to penalize parents
for neglect of children.
R.A.NO 9208
ANTI- TRAFFICKING IN PERSONS ACT of 2003, as
amended by RA No. 10364
- This was amended sometime in 2012
Trafficking in Person
- This is like modern day slavery.
- This is one of the borderless crimes, like piracy.
The recruitment, transportation, transfer, harboring or receipt
of a child for the purpose of exploitation shall also be
considered as ―trafficking in persons‖ even if it does not
involve any of the means set forth in the preceding paragraph.
Elements:
1. ACTS OF TRAFFICKING
- refers to the recruitment, transportation, transfer
or harboring, or receipt of persons with or
without the victim‘s consent or knowledge,
within or across national borders;
2. MEANS OF COMMITTING
- by means of threat or use of force, or other forms
of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the
vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve the
consent of a person having control over another
person;
3. EXPLOITATIVE PURPOSE
- for the purpose of exploitation which includes at
a minimum, the exploitation or the
a. prostitution of others or other forms of
sexual exploitation,
b. forced labor or services,
c. slavery,
d. servitude or
e. the removal or sale of organs.
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- there is still trafficking in person even if the victim is told that
the work she‘s employed is for prostitution; there is trafficking
in person with or without the consent of the victim
-if there is deceit on part of the recruiter, in addition to
trafficking in person, there can also be estafa if a person made
it look that he has authority to recruit when in fact he is not.
-if one recruiting does not have license to recruit, then that is
also another violation of another special penal law of illegal
recruitment either in a large scale or by a syndicate as the case
may be.
-the purpose must be for exploitation; suppose the purpose of
the recruitment is legal and then later on due to actions or own
volition of the recruited person she became a prostitute or
engaged in prostitution, is the trafficker liable? No, because the
purpose was legal.
Forced labor – this refers to the extraction of work or services
from any person by means of enticement, violence,
intimidation, threat or use of force or coercion, including
deprivation of freedom abuse of authority or moral
ascendancy; debt bondage or deception including any work or
services instructed from any person under the menace of
penalty.
Debt bondage – when the debtor works as payment for a debt
or security, but the length, nature, or value of services is not
defined towards the liquidation of the debt.
Sex Tourism – refers to a program organized by travel and
tourism related establishments and individuals which consists
of tourism packages or activities utilizing and offering escort
and sexual services as enticement for tourists; this includes
sexual services and practices offered during rest and recreation
periods for members of the military.
Acts of trafficking of persons:
a. to recruit/obtain/hire/provide/offer/transfer/maintain/
harbor/receive a person by any means including those done
under the pretext of domestic of domestic or overseas
employment or training or apprenticeship for purposes of
pornography, prostitution or sexual exploitation.
b. to introduce or match for money/profit/material/economic
or other consideration to any person (mail order bride)
c. offer/contract marriage either real or simulated, for purpose
of acquiring, buying, selling, or trading them for prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage
d. to recruit/hire/transfer/transport/obtain/harbor/offer/
provide/receive or abduct a person by means of threat or use
of force/fraud/deceit/violence/coercion or intimidation for
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
purpose of removal or sale of organs of a person, including
blood.
e. to recruit/transport etc., receive or adopt a child to engage
in armed activities in the Philippines or abroad.
f. to recruit/transfer/transport etc., a person by means defined
in section 3 of this act, for purposes of forced labor, debt
bondage or in a scheme to make a person believe that if he did
not perform such labor/services he/she or another person
shall suffer physical harm or restrain.
g. to recruit/transfer/harbor etc., a child for purposes of
exploitation or treating them including but not limited to the
act of bearing or selling the child for any consideration/barter
for purposes of exploitation;
h. use or procuring/offering of a child for the production and
trafficking of drugs
i. use or procuring of a child for illegal activities or work by
nature of which is likely to harm their safety/morals or health
j. organize or direct other persons to commit offenses defined
as acts of trafficking
-as a general rule, there is no attempted stage in special penal
laws; however as an exception, if the law itself defines an
attempted stage.
Attempted trafficking of persons – where there are acts to
initiate the commission of a trafficking offense but the offender
failed to or did not execute all elements of the crime by
accident or by reason of some cause other than voluntary
desistance such overt acts shall be deemed as an attempt to
commit an act of trafficking of persons
In cases where the victim is a child, any of the following acts
are deemed as attempted trafficking of persons:
a. facilitating the travel of a child who travels alone to a foreign
country without valid reasons;
b. executing for consideration an affidavit of consent for
adoption, the purpose of which is for exploitation of said child;
the parents can be held liable for attempted trafficking;
c. recruiting a woman to bear a child for the purpose of selling
the same;
d. simulating the birth for purpose of selling the child;
doctor/nurse/midwife assisting in such simulation is liable for
attempted trafficking;
e. soliciting a child and acquiring the custody thereof through
any means from among hospitals, clinics nurseries, daycare
centers for purpose of selling a child;
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-whoever knowingly aids, abets or cooperates in the execution
of the offense by previous or simultaneous acts such as
furnishing shelter to the trafficked person shall be considered
as an accomplice.
-whoever has knowledge to the commission of the crime and
without having participated therein as principal/accomplice
take part in its commission in any of the ff. manners: a.
profiting themselves; b. by concealing/destroying the body of
the crime; c.harboring/concealing the escape of the principal
(refer to article 19)
Section 5.Acts that Promote Trafficking in Persons. – The
following acts which promote or facilitate trafficking in
persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any
house, building or establishment for the purpose of promoting
trafficking in persons;
(b) To produce, print and issue or distribute unissued,
tampered or fake counseling certificates, registration stickers,
overseas employment certificates or other certificates of any
government agency which issues these certificates, decals and
such other markers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or
cause the advertisement, publication, printing, broadcasting or
distribution by any means, including the use of information
technology and the internet, of any brochure, flyer, or any
propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for
purposes of facilitating the acquisition of clearances and
necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services
for departing persons for the purpose of promoting trafficking
in persons;
(e) To facilitate, assist or help in the exit and entry of persons
from/to the country at international and local airports,
territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the
purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of trafficked
persons in furtherance of trafficking or to prevent them from
leaving the country or seeking redress from the government or
appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make
use of, the labor or services of a person held to a condition of
involuntary servitude, forced labor, or slavery.
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As discussed by Judge D
(h) To tamper with, destroy, or cause the destruction of
evidence, or to influence or attempt to influence witnesses, in
an investigation or prosecution of a case under this Act;
(i) To destroy, conceal, remove, confiscate or possess, or
attempt to destroy, conceal, remove, confiscate or possess, any
actual or purported passport or other travel, immigration or
working permit or document, or any other actual or purported
government identification, of any person in order to prevent or
restrict, or attempt to prevent or restrict, without lawful
authority, the person‘s liberty to move or travel in order to
maintain the labor or services of that person; or
(j) To utilize his or her office to impede the investigation,
prosecution or execution of lawful orders in a case under this
Act.
Section 6.Qualified Trafficking in Persons. – The following are
considered as qualified trafficking:
 Take note of these because this will probably be asked
in the bar to be enumerated. At least 5.
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No.
8043, otherwise known as the ―Inter-Country Adoption Act of
1995‖ and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large
scale. Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring
or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons,
individually or as a group;
 Syndicate refers to the number of offenders
 Large scale refers to the number of victims
(d) When the offender is a spouse, an ascendant, parent,
sibling, guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a public
officer or employee;
(e) When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
 A pimp who offers a trafficked person to a general is
liable for qualified trafficking
(f) When the offender is a member of the military or law
enforcement agencies;
 So a general may be liable for qualified trafficking if
he avails of the services of the ―pimp‖ above
 Law enforcement agencies – NBI, PDEA
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(g) When by reason or on occasion of the act of trafficking in
persons, the offended party dies, becomes insane, suffers
mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS);
 If a person is afflicted with Syphilis or Gonorrhea,
that is NOT considered qualified. What qualifies is
HIV or AIDS.
(h) When the offender commits one or more violations of
Section 4 over a period of sixty (60) or more days, whether
those days are continuous or not; and
(i) When the offender directs or through another manages the
trafficking victim in carrying out the exploitative purpose of
trafficking.
SEC. 7.Confidentiality. – At any stage of the investigation,
rescue, prosecution and trial of an offense under this Act, law
enforcement officers, prosecutors, judges, court personnel,
social workers and medical practitioners, as well as parties to
the case, shall protect the right to privacy of the trafficked
person. Towards this end, law enforcement officers,
prosecutors and judges to whom the complaint has been
referred may, whenever necessary to ensure a fair and
impartial proceeding, and after considering all circumstances
for the best interest of the parties, order a closed-door
investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or any other information
tending to establish the identity of the trafficked person and
his or her family shall not be disclosed to the public.
It shall be unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer or producer
in case of television and radio, producer and director of a film
in case of the movie industry, or any person utilizing tri-media
facilities or electronic information technology to cause
publicity of the name, personal circumstances, or any
information tending to establish the identity of the trafficked
person except when the trafficked person in a written
statement duly notarized knowingly, voluntarily and willingly
waives said confidentiality.
Law enforcement officers, prosecutors, judges, court personnel,
social workers and medical practitioners shall be trained on the
importance of maintaining confidentiality as a means to
protect the right to privacy of victims and to encourage victims
to file complaints.
 The name of the accused may be divulged. (in the old
law, the accused was confidential)
 The offended party or her family‘s name shall be
confidential.
 Confidentiality can be waived by the offended party
only thru a written statement duly notarized. It
cannot be done orally.
SEC. 8.Initiation and Prosecution of Cases. –
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As discussed by Judge D
 This is important!
(a) Initiation of Investigation. – Law enforcement agencies are
mandated to immediately initiate investigation and counter-
trafficking-intelligence gathering upon receipt of statements or
affidavit from victims of trafficking, migrant workers, or their
families who are in possession of knowledge or information
about trafficking in persons cases.
(b) Prosecution of Cases. – Any person who has personal
knowledge of the commission of any offense under this Act,
such as the trafficked person, the parents, spouse, siblings,
children or legal guardian may file a complaint for trafficking.
 So trafficking is a public crime
(c) Affidavit of Desistance. – Cases involving trafficking in
persons should not be dismissed based on the affidavit of
desistance executed by the victims or their parents or legal
guardians. Public and private prosecutors are directed to
oppose and manifest objections to motions for dismissal.
 This cannot be compromised.
Any act involving the means provided in this Act or any
attempt thereof for the purpose of securing an Affidavit of
Desistance from the complainant shall be punishable under
this Act.
 Look at the penalties. You don‘t have to memorize,
just so you know how serious the offense is. It is
imprisonment of 20 years.
Section 9.Venue. – A criminal action arising from violation of
this Act shall be filed where the offense was committed, or
where any of its elements occurred, or where the trafficked
person actually resides at the time of the commission of the
offense: Provided, That the court where the criminal action is
first filed shall acquire jurisdiction to the exclusion of other
courts.
SEC. 11.Use of Trafficked Persons. – Any person who buys or
engages the services of a trafficked person for prostitution
shall be penalized with the following: Provided, That the
Probation Law (Presidential Decree No. 968) shall not apply:
(a) PrisionCorreccional in its maximum period to prision
mayor or six (6) years to twelve (12) years imprisonment and a
fine of not less than Fifty thousand pesos (P50,000.00) but not
more than One hundred thousand pesos (P100,000.00):
Provided, however, That the following acts shall be exempted
thereto:
(1) If an offense under paragraph (a) involves sexual
intercourse or lascivious conduct with a child, the penalty
shall be reclusion temporal in its medium period to
reclusion perpetua or seventeen (17) years to forty (40)
years imprisonment and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);
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(2) If an offense under paragraph (a) involves carnal
knowledge of, or sexual intercourse with, a male or
female trafficking victim and also involves the use of
force or intimidation, to a victim deprived of reason or to
an unconscious victim, or a victim under twelve (12)
years of age, instead of the penalty prescribed in the
subparagraph above the penalty shall be a fine of not less
than One million pesos (P1,000,000.00) but not more than
Five million pesos (P5,000,000.00) and imprisonment of
reclusion perpetua or forty (40) years imprisonment with
no possibility of parole; except that if a person violating
paragraph (a) of this section knows the person that
provided prostitution services is in fact a victim of
trafficking, the offender shall not be likewise penalized
under this section but under Section 10 as a person
violating Section 4; and if in committing such an offense,
the offender also knows a qualifying circumstance for
trafficking, the offender shall be penalized under Section
10 for qualified trafficking. If in violating this section the
offender also violates Section 4, the offender shall be
penalized under Section 10 and, if applicable, for qualified
trafficking instead of under this section;
 This is another aggravating circumstance. (those
underscored and made Bold)
 ―and if in committing such an offense, the offender
also knows a qualifying circumstance for trafficking,
the offender shall be penalized under Section 10 for
qualified trafficking.‖ – if you knew that the
prostitute is a trafficked victim, then you are also
liable for qualified trafficking
(b) Deportation. – If a foreigner commits any offense described
by paragraph (1) or (2) of this section or violates any pertinent
provision of this Act as an accomplice or accessory to, or by
attempting any such offense, he or she shall be immediately
deported after serving his or her sentence and be barred
permanently from entering the country; and
(c) Public Official. – If the offender is a public official, he or she
shall be dismissed from service and shall suffer perpetual
absolute disqualification to hold public, office, in addition to
any imprisonment or fine received pursuant to any other
provision of this Act.‖
SEC. 12.Prescriptive Period.
 It is 10 years
 If by a syndicate or in large scale, or if against a child
– 20 yrs
 Prescriptive period starts to run: from the day on
which the trafficked person is delivered or released
from the conditions of bondage, or in the case of a
child victim, from the day the child reaches the age of
majority, and shall be interrupted by the filing of the
complaint or information and shall commence to run
again when the proceedings terminate without the
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accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to
the accused.
SEC. 16.Programs that Address Trafficking in Persons. – just
read them.
SEC. 16-A. Anti-Trafficking in Persons Database. – An anti-
trafficking in persons central database shall be established by
the Inter-Agency Council Against Trafficking (IACAT)
 Group that is tasked to monitory trafficking
SEC. 17.Legal Protection to Trafficked Persons.
 Trafficked persons shall be recognized as victims;
they shall not be charged for prostitution
SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion
Thereof or Reputation of Victims and of Consent of Victims in
Cases of Deception, Coercion and Other Prohibited Means. –
The past sexual behavior or the sexual predisposition of a
trafficked person shall be considered inadmissible in
evidence for the purpose of proving consent of the victim to
engage in sexual behavior, or to prove the predisposition,
sexual or otherwise, of a trafficked person.Furthermore, the
consent of a victim of trafficking to the intended exploitation
shall be irrelevant where any of the means set forth in Section
3(a) of this Act has been used
 This is for evidentiary purpose
SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive
Remedies. – No action or suit shall be brought, instituted or
maintained in any court or tribunal or before any other
authority against any: (a) law enforcement officer; (b) social
worker; or (c) person acting in compliance with a lawful order
from any of the above, for lawful acts done or statements made
during an authorized rescue operation, recovery or
rehabilitation/intervention, or an investigation or prosecution
of an anti-trafficking case: Provided, That such acts shall have
been made in good faith.
Xxx
It shall be prohibited for the DFA, the DOLE, and the POEA
officials, law enforcement officers, prosecutors and judges to
urge complainants to abandon their criminal, civil and
administrative complaints for trafficking.
 So there shall be no compromise agreements allowed
The remedies of injunction and attachment of properties of the
traffickers, illegal recruiters and persons involved in trafficking
may be issued motuproprio by judges.
SEC. 26-A. Extra-Territorial Jurisdiction. – The State shall
exercise jurisdiction over any act defined and penalized under
this Act, even if committed outside the Philippines and
whether or not such act or acts constitute an offense at the
place of commission, the crime being a continuing offense,
having been commenced in the Philippines and other elements
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having been committed in another country, if the suspect or
accused:
(a) Is a Filipino citizen; or
(b) Is a permanent resident of the Philippines; or
(c) Has committed the act against a citizen of the Philippines.
No prosecution may be commenced against a person under
this section if a foreign government, in accordance with
jurisdiction recognized by the Philippines, has prosecuted or is
prosecuting such person for the conduct constituting such
offense, except upon the approval of the Secretary of Justice.
The government may surrender or extradite persons accused
of trafficking in the Philippines to the appropriate international
court if any, or to another State pursuant to the applicable
extradition laws and treaties.
 Phils has extraterritorial jurisdiction. Provided we
have jurisdiction over the person.
 Ex: A Japanese houses a trafficked woman in Japan.
Our courts have no jurisdiction of the Japanese. We
only have jurisdiction over the Filipino who recruited
the offended.
 In New Zealand prostitution is legal. If the victim
from the Phils is brought to New Zealand, the
accused may be prosecuted by our courts (provided
he is any of the following above.
Trafficking in Persons case:
- PP vs Casio, GR. No. 211645, 12/3/2014
Cebu case
- PP vs Lalli, et al., GR No. 195419, 10/12/2011
The victim here was recruited as an entertainer in a
restaurant in Malaysia but she ended up in a prostitution
den.
RA 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Purpose:
Minimize, if not eliminate, drug trade as well as drug
addiction.
SC:
Drug addiction is one of the most pernicious evils that has ever
crept into our society.
Definitions
 Chemical Diversion
The sale, distribution, supply or transport of legitimately
imported, intransit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or
in concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall include
packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud,
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destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.
 Clandestine Laboratory
Any facility used for the illegal manufacture of any
dangerous drug and/or controlled precursor and essential
chemical.
 Screening Test
A rapid test performed to establish potential or
presumptive positive result.
 Confirmatory Test
An analytical test using a device, tool or equipment with a
different chemical or physical principle that is more
specific which will validate and confirm the result of the
screening test.
If the result of the confirmatory test is still positive, then
that is now conclusive to establish drug use.
 Controlled Precursors and Essential Chemicals
 Dangerous Drugs
Can rugby be considered a dangerous drug under this
law? No. That is penalized by PD 1619; it is not considered
a dangerous drug as defined under this law.
How about nobane? It is now classified as dangerous
drugs.
 Deliver
Any act of knowingly passing a dangerous drug to
another, personally or otherwise, and by any means, with
or without consideration.
 Den, Dive or Resort
A place where any dangerous drug and/or controlled
precursor and essential chemical is administered,
delivered, stored for illegal purposes, distributed, sold or
used in any form.
Drug Dependence
- It is a cluster of physiological, behavioral and
cognitive phenomena of variable intensity, in which
the use of psychoactive drug takes on a high priority
thereby involving, among others, a strong desire or a
sense of compulsion to take the substanceand the
difficulties in controlling substance-taking behavior
in terms of its onset, termination, or levels of use.
Drug Syndicate
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- Any organized group of two (2) or more persons
forming or joining together with the intention of
committing any offense.
Employee of Den, Dive or Resort
- The caretaker, helper, watchman, lookout, and other
persons working in the den, dive or resort,
employed by the maintainer, owner and/or operator
where any dangerous drug and/or controlled
precursor and essential chemical is administered,
delivered, distributed, sold or used, with or without
compensation, in connection with the operation
thereof.
Financier
- Any person who pays for, raises or supplies money
for, or underwrites any of the illegal activities.
- This refers to the drug lords
Illegal Trafficking
- The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation,
exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.
Methylenedioxymethamphetamine (MDMA) or commonly
known as "Ecstasy", or by its any other name
- Refers to the drug having such chemical composition,
including any of its isomers or derivatives in any
form.
Methamphetamine Hydrochloride or commonly known as
"Shabu", "Ice", "Meth", or by its any other name
- Refers to the drug having such chemical composition,
including any of its isomers or derivatives in any
form.
- This is the common prohibited drug.
Opium
- Refers to the coagulated juice of the opium poppy and
embraces every kind, class and character of opium,
whether crude or prepared; the ashes or refuse of the
same; narcotic preparations thereof or therefrom;
morphine or any alkaloid of opium; preparations in
which opium, morphine or any alkaloid of opium
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enters as an ingredient; opium poppy; opium poppy
straw; and leaves or wrappings of opium leaves,
whether prepared for use or not.
Planting of Evidence
- the willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching
directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or
controlled precursor and essential chemical in the
person, house, effects or in the immediate vicinity of
an innocent individual for the purpose of implicating,
incriminating or imputing the commission of any
violation of this Act.
- This is what we call Incriminating against innocent
person.
- In RPC, incriminating against innocent person has a
lesser penalty. But here in RA 9165, the penalty is life
sentence.
Protector/Coddler
- Any person who knowingly and willfully consents
to the unlawful acts provided for in this Act and
uses his influence, power or position in shielding,
harboring, screening or facilitating the escape of any
person he knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of
this Act in order to prevent the arrest, prosecution
and conviction of the violator.
- In RPC, his acts are accessory. But here, he is called
coddler or protector.
Pusher
- Any person who sells, trades, administers,
dispenses, delivers or gives away to another, on any
terms whatsoever, or distributes, dispatches in transit
or transports dangerous drugs or who acts as a broker
in any of such transactions, in violation of this Act.
- They are referred to as sellers of dangerous drugs.
Sell
- Any act of giving away any dangerous drug and/or
controlled precursor and essential chemical whether
for money or any other consideration.
- This includes barter.
- -
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Use
- Any act of injecting, intravenously or
intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or
otherwise introducing into the physiological system
of the body, and of the dangerous drugs.
- This refers to the acts or ways of consuming or using
the dangerous drugs
Unlawful Acts:
1. Section 4 - Importation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
- Importation
 Penalty: Life sentence regardless of the
quantity or purity. Ex: even if 1 gram from
Japan to the Philippines
 The bringing of dangerous drugs from a
foreign country into our country.
 It is necessary that the prosecution should
establish or prove that the dangerous drugs
came from a foreign country. If not proven,
the accused cannot be convicted by
importation.
 However, he cannot be acquitted. He can be
prosecuted for transporting dangerous drugs.
This refers to the conveying of illegal drugs from
one place to another.
 The importer could also be prosecuted for
possession because when you import,
necessarily you are in possession of drugs.
 So if not prosecuted in importation, can be
liable for transportation or possession.
 If convicted for importation or transportation,
you cannot be convicted for possession because
possession is absorbed in importation or
transportation.
 People vs Chichan Liu, et al, GR 189272,
January 21, 2015
2. Section 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
- Section id commonly violated.
- Penalty: Life sentence regardless of the quantity and
purity
Ex: The Chinese national who was apprehended was
not charged with importation because it is harder to
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
prove. She was instead charged with transportation
because it is easier to prove. She can also be charged
with possession.
- So possession depends on the weight of the shabu. If
it exceeds 50g, penalty is life sentence. Possession is
easier to prove than transportation.
- Selling
 Elements: People v Del Mundo 510 SCRA 554
a) Identity of the buyer and seller
b) Object and consideration
c) Delivery of the thing sold
d) Payment for the subject
- Buy-bust is a common form of entrapment for drug
pushers.
- Transport
 This refers to the movement of dangerous drugs
or to carry the dangerous drugs from one place to
another.
 People v San Juan, GR 177191, May 30, 2001:
The accused was caught inside his car parked in
a parking area. He was charged with
transportation but not convicted by transporting
but of possession. Why? Because prosecution
failed to show that any distance was travelled
because the car was parked in the parking area. It
did not prove in what place the car came from.
 People vsLaba, January 28, 2013: Accused was
apprehended while boarding his flight. He has
not yet boarded the airplane. He was convicted
of transporting because even if he was yet to
board the aircraft, it cannot be denied that his
presence in the airport that time was for the
purpose of transporting or moving dangerous
drugs from one place to another.
*****SECTION 5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. — The
penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute, dispatch in transit or
transport any dangerous drug, including any and all species of
opium poppy regardless of the quantity and purity involved, or
shall act as a broker in any of such transactions.
PENALTY FOR DANGEROUS DRUGS
- Life imprisonment to death and a fine ranging from Five
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hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)
―REGARDLESS OF THE QUANTITY AND PURITY
INVOLVED‖
- Whatever is the amount
EX: if you are caught selling one small sachet weighing
.001g or if you are caught selling 5kg of shabu. The penalty
is the same. – Life imprisonment
ELEMENTS OF SALE:
1. Identity of the buyer, the seller, the object and the
consideration;
2. Delivery of the thing sold; and
3. Payment therefore
CONSUMMATION OF SALE
- The receipt of the seller of the money or consideration is
not indispensable because sale is consummated even if the
buyer does not pay the price because the sale could be on
credit
- Sale of drugs is consummated the moment the seller would
hand over the dangerous drugs to the poseur buyer
- The receipt of the buy bust money or consideration by the
seller is not indispensable – meaning it is not material. For
as long as the prosecution can prove that there was
delivery of the dangerous drug to the buyer.
PRESENTATION OF BUY BUST MONEY INDISPENSABLE
- The presentation of the buy bust money is not
indispensable also for the conviction of the accused
- If the prosecution failed to present in court the buy bust
money that was allegedly used during the transaction or
buy bust operation, that would not affect the case of the
prosecution
- What is required is merely the delivery of the thing sold
because payment could be done later on
- The presentation of the marked money is immaterial in the
crime of illegal sale because this crime can be committee
even without consideration or payment or the payment
could be done later. (Ppvs Reyes, GR 194606, February 18,
2015)
BUY BUST IS THE COMMON FORM OF ENTRAPMENT
- Buy bust operation is the common form of entrapment for
drug pusher
- Distinguish entrapment vs instigation
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As discussed by Judge D
DRUG PUSHERS SELL THEIR PROHIBITED ARTICLES TO
ANY PROSPECIVE CUSTOMER
- Drug pushers have become increasingly daring, dangerous
and, worse, openly defiant of the law. In many cases that
drug pushers sell their prohibited articles to any
prospective customer, be he a stranger or not, in private as
well as in public places, even during daytime. (TioncovsPp,
GR 192284, March 11, 2015)
―GIVE AWAY TO ANOTHER‖
EX: You have an addict best friend. On his birthday, as a
gift you gave him shabu. What is your liability? Section 5.
OBJECTIVE TEST
- The "objective test" in determining the credibility of
prosecution witnesses regarding the conduct of buy-bust
operation provides that it is the duty of the prosecution to
present a complete picture detailing the buy-bust operation
— from the initial contact between the poseur-buyer and
the pusher, the offer to purchase, the promise or payment
of the consideration, until the consummation of the sale by
the delivery of the illegal subject of sale. The manner by
which the initial contact was made, the offer to purchase
the drug, the payment of the buy-bust money, and the
delivery of the illegal drug must be the subject of strict
scrutiny by courts to insure that law-abiding citizens are
not unlawfully induced to commit an offense. (Ppvs Clara y
Buhain, GR 195528, July 24, 2013, 715 PHIL 259-284)
- Poseur buyer – one who acted as if he was a buyer but in
truth he is a detective
The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver, give
away to another, distribute, dispatch in transit or transport any
controlled precursor and essential chemical, or shall act as a broker in
such transactions.
PENALTY FOR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS
- Imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
- Lower penalty
- Allowed to be sold by authorized sellers by the
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government
AGGRAVATING CIRCUMSTANCES
1. If the sale, trading, administration, dispensation, delivery,
distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty
shall be imposed in every case.
- Others sell inside the school or enroll just to be able to sell
to the students
2. For drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messengers, or in any
other capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemicals trade, the
maximum penalty shall be imposed in every case.
3. If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any
offense herein provided be the proximate cause of death of a
victim thereof, the maximum penalty provided for under this
Section shall be imposed.
The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this Section.
- These are the drug lords
The penalty of twelve (12) years and one (1) day to twenty (20) years
of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who acts as a "protector/coddler"
of any violator of the provisions under this Section.
- Protector or coddlers – are the ones who use their influence
and help the drug pushers or drug lords to escape or evade
prosecution
SECTION 6. Maintenance of a Den, Dive or Resort. — The penalty
of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person or group of persons who shall
maintain a den, dive or resort where any dangerous drug is used or
sold in any form.
DEN
- Drug den is a place where drugs are habitually used by
people who frequented it
- In order to be held liable for maintaining drug den, it must
be proved that the place is habitually used by the people
who frequented it and habitually use drugs
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
- Prosecution must be able to show evidence or present
witness that such witness frequented the place at least
twice or thrice, he narrates what he sees and that he knows
the people who go to such place to use drugs
- If evidence of the prosecution or witness would say that he
was only able to enter such place only once then the
accused would not be convicted of maintain a drug den
- There must be habituality of using drugs in that place
otherwise the accused cannot be convicted
Section 6. Maintenance of a den, dive or resort
Read the case of Pp. vs Ladjaalam, September 19,
2000
Section 7. The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be imposed
upon:
(a) Any employee of a den, dive or resort, who is aware
of the nature of the place as such; and
- This includes the caretaker, watchman, cashier,
or the guards.
- But their boss, is liable not under Section 7 but
under Section 6.
(b) Any person who, not being included in the provisions
of the next preceding, paragraph, is aware of the
nature of the place as such and shall knowingly visit
the same
- The crime is ―visiting the drug den‖
- TN of the word ―aware of the nature of the
place‖
- Example: Your classmate invites you to catch
pokemon in their house. Coincidentally, their
house was at that time being raided. Are you
liable?
Answer: NO. Because you were not aware that
the place was a drug den and you did not
knowingly visit the same.
Section 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
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- Same penalty with importing and selling.
- The penalty of life imprisonment to death and a
fine ranging 500K to 10M
- The penalty of imprisonment ranging from 12
years and 1 day to twenty 20 years and a fine
ranging from 100K to 500K shall be imposed
upon any person, who, unless authorized by law,
shall manufacture any controlled precursor and
essential chemical.
- The laboratory nowadays are in high end
subdivisions.
- The presence of any controlled precursor and
essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug. It shall be
considered an AGGRAVATING
CIRCUMSTANCE if the clandestine laboratory is
undertaken or established under the following
circumstances:
(a) Any phase of the manufacturing process was
conducted in the presence or with the help of
minor/s:
(b) Any phase or manufacturing process was
established or undertaken within one
hundred (100) meters of a residential,
business, church or school premises;
(c) Any clandestine laboratory was secured or
protected with booby traps;
(d) Any clandestine laboratory was concealed
with legitimate business operations; or
(e) Any employment of a practitioner, chemical
engineer, public official or foreigner.
Section 10. Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals.
a. any person who shall deliver,
b. possess with intent to deliver, or
c. manufacture with intent to deliver equipment,
instrument, apparatus and other paraphernalia
for dangerous drugs,
d. knowing, or under circumstances where one
reasonably should know, that it will be used to
plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce,
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
process, prepare, test, analyze, pack, repack,
store, contain or conceal any dangerous drug
and/or controlled precursor and essential
chemical in violation of this Act.
Section 11. Possession of Dangerous Drugs.
- THE PENALTY HERE DEPENDS UPON THE
WEIGHT OF THE DANGEROUS DRUGS.
 If the weight is less than 5 grams, the penalty is 12
years, 1 day to 20 years.
- TN that this is bailable because the penalty is not
life sentence, but note that even if this is bailable,
the bail is high. That is, P10k per year of
imposable penalty.
 If the weight is over 5 grams but not over 10 grams,
that is 20 years and 1 day to life imprisonment.
 IF the weight is over 10 grams but less than 50, life
imprisonment.
ELEMENTS OF POSSESSION:
1. The offender is in possession of dangerous drug
2. Such possession is not authorized by law
3. The accused freely and consciously possessed the
dangerous drug- animus possidendi or intent to
possess.
BAR QUESTION:
A woman was walking with her boyfriend. When
they were about to pass by a checkpoint, the boy
handed over to his girlfriend a small sachet of shabu
and told her to hide it in her bag. The policeman saw
the boy handing over something to the woman. The
woman didn‘t know that it was shabu. When they
passed by the checkpoint, the policeman asked the
woman to open her bag and so the sachet of shabu
was recovered from her. She was charged for
possession of dangerous drugs. Is she liable?
ANSWER: NO. Because of the absence of the animus
possidendi.
- Case: A house was searched by virtue of a search
warrant. There were packs of shabu recovered.
During the trial the accused argued that he is not the
only person residing in that house. Is that define
meritorious?
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ANSWER: This crime of possession of dd is mala
prohibita hence lack of criminal intent is not a
defense. HOWEVER the prosecution must prove that
the accused had the intent to possess.
Possession includes not only actual possession but
also constructive possession.
ACTUAL POSSESSION is when the drug is in the
immediate physical possession and control of the
accused. On the other hand,
CONSTRUCTIVE POSSESSION exists when the
drug is under the dominion and control of the
accused, or when he has the right to exercise control
and dominion over the place where it is found.
EXCLUSIVE POSSESSION OR CONTROL IS NOT
NECESSARY. The accused cannot avoid conviction if
his right to exercise dominion over the place where
the contraband is located is shared with another. Pp
vs Terra 430 SCRA 134
- Example: The accused was caught selling dangerous
drugs. Naturally he was also in possession of it.
Could he be also charged with violation of Section 11
for possession of dangerous drugs aside from sale?
ANS. As a rule, NO. Because POSSESSION IS
ABSORBED IN SELLING.
HOWEVER, if the seller is caught to be in possession
of another amount of shabu intended for some future
transactions, he could also be held liable for
possession. IOW, for him to be not liable for
possession, the shabu in his possession must be equal
to the amount of shabu transacted. Pp. vs. Dela Pena
GR NO. 207635, February 18, 2015
Sec. 12. Possession of equipment, apparatus or other
paraphernalia
-in order for seller not to be liable also for possession, the
shabu sold must be equal to that be possessed; if there are
excess, probably for future transactions, then the seller is also
liable under this section.
-for any purposes intended under the preceding sections
-possession of such is a presumption that the offender also
violated section 15
- before, for example you got caught in a checkpoint in
possession of such drugs, 2 violations are presumed to be
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
committed, that is section 12 and 15; now, you can only be held
liable for section 12.
-in case, an accused was made subject to a buy-bust operation,
later, he was also searched, drugs were found, how many
violations? There are 3, sec. 5 for selling, and sec. 11 for
possessing some or more drugs intended for future
transactions, plus there are drug paraphernalia, so section 12 Is
also liable. Question, is the accused liable for all the 3
violations? Yes. PP vsCasakop G.R. no. 210454
Sec. 13.Possession of Dangerous drugs during parties/social
gatherings or meetings
-this is an aggravating circumstance for section 11.
Sec. 14. Possession of those mentioned in sec. 12 in
parties/social gatherings or meetings
-also an aggravating circumstance for sec. 12
Sec. 15. Use of Dangerous drugs
drug test, if found positive, aside from administrative charges,
you can be held liable for section 15; Another is road side drug
test for drivers.
Sec. 16. Cultivation or culture of plants classified as Dangerous
Drugs
-penalty is life imprisonment + fine.
Sec. 17. Maintenance and keeping of original records of
transactions on dangerous drugs or controlled precursors and
essential chemicals
Sec. 18. Unnecessary prescription of dangerous drugs
Sec. 19. Unlawful prescription of dangerous drugs
- Take not that there are drugs that are allowed if there
is a proper prescription from a licensed medical
practitioner; otherwise, said person who prescribed
such dangerous drug would be liable under this
section

-A person apprehended or arrested who is found to be positive Sec. 20. Forfeiture of the proceeds from trafficking of
of any use of dangerous drugs after confirmatory test; take dangerous drugs
note there are 2 tests, the screening test and the confirmatory
test, the latter being more thorough than the other; Sec. 21. Custody and disposition of
confiscated/seized/surrendered dangerous drugs
-penalty is 6months rehabilitation;
-amended by RA 10640
-what about for the 2nd time? Now penalty is 6yrs and 1 day to
12yrs; provided that this section should not be applicable if Inventory – apprehending law enforcers must make a list of
such person is found in possession of other drugs intended for the items confiscated and take pictures of the same in the
other purposes. presence of the accused.

-take note: violation of section 11 + section 15 = only section 11 August 19, 2016
is violated;
SECTION 20. Confiscation and Forfeiture of the Proceeds or
-before if you are arrested for any crime with a penalty for Instruments of the Unlawful Act, Including the Properties or
Proceeds Derived from the Illegal Trafficking of Dangerous Drugs
more than 6yrs, you will be subjected for drug test; now said
and/or Precursors and Essential Chemicals. — Every penalty
provision is declared unconstitutional, an accused can only be
imposed for the unlawful importation, sale, trading, administration,
subjected for a drug test in violation of any provisions of this
dispensation, delivery, distribution, transportation or manufacture of
law, not of other crimes; hence if you are arrested for
any dangerous drug and/or controlled precursor and essential
commission of a crime which is not in violation of this act, and
chemical, the cultivation or culture of plants which are sources of
you are subjected to drug test, then the same is illegal for
dangerous drugs, and the possession of any equipment, instrument,
violation of the accused against self-incrimination.PP vs Jaime
apparatus and other paraphernalia for dangerous drugs including
Dela Cruz Gr. No. 200748 July 23, 2014
other laboratory equipment, shall carry with it the confiscation and
forfeiture, in favor of the government, of all the proceeds and
-another instance wherein there could be drug test is in cases
properties derived from the unlawful act, including, but not limited
where mandatory or random drug testing is required under
to, money and other assets obtained thereby, and the instruments or
section 36 of this act; for example if you are a government or a
tools with which the particular unlawful act was committed, unless
private worker of a private company, you can be subject for
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 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
they are the property of a third person not liable for the unlawful act,
but those which are not of lawful commerce shall be ordered
destroyed without delay pursuant to the provisions of Section 21 of
this Act.
- Similar to the provision of Article 45, RPC – the proceeds,
as well as the instruments used in the commission of the
crime shall be confiscated and forfeited in favor of the
government
- The money which are the proceeds of the unlawful acts
penalized under this law, such as proceeds of selling
dangerous drugs, importing dangerous drugs, including
properties obtained or derived from the unlawful act
- Those houses that are built using the proceeds of the illegal
trade of dangerous drugs shall be forfeited in favor of the
government and those dangerous drugs confiscated shall
be destroyed.
*****SECTION 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. — The
PDEA shall take charge and have custody of all dangerous drugs,
plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered, for proper
disposition in the following manner:
(1) The apprehending team having initial custody and
control of the dangerous drugs, controlled precursors and
essential chemicals, instruments/paraphernalia and/or
laboratory equipment shall, immediately after seizure
and confiscation, conduct a physical inventory of the
seized items and photograph the same in the presence of
the accused or the persons from whom such items were
confiscated and/or seized, or his/her representative or
counsel, with an elected public official and a
representative of the National Prosecution Service or the
media who shall be required to sign the copies of the inventory
and be given a copy thereof: Provided, That the physical
inventory and photograph shall be conducted at the place
where the search warrant is served; or at the nearest police
station or at the nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless seizures:
Provided, finally, That noncompliance of these requirements
under justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly preserved by
the apprehending officer/team, shall not render void and
invalid such seizures and custody over said items;
REQUIREMENTS OF RA 9165
1. Right after the confiscation of the dangerous drugs or
equipment‘s or paraphernalia there should be inventory.
Inventory is the apprehending law enforcers must make a
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list of the items confiscated.
2. Aside from making an inventory, there should be a picture
taken on the items confiscated in the presence of the
accused of his representative, elected public official (such
as barangay councilor or barangay captain), representative
from the National Prosecution Service (from the Fiscals
Office, or from the DOJ), or the representative media.
These people who are required to be present during the
conduct of the inventory as well as the photographing are
require to sign the copies of the inventory or of the list and
be given a copy thereof.
3. Aside from inventory there should also be markings or
distinguishing marks on the items confiscated for
identification purposes in order to avoid switching,
planting or contamination of evidence– not found in the
law but in jurisprudence. The person making the marking
will sign the same. The marking should be made in the
presence of the accused and immediately after
confiscation.
WHERE INVENTORY MADE
- Where should the inventory be made, as well as the
inventory and taking of pictures? It should be made at the
place where the dangerous drugs or the equipment‘s were
taken or recovered.
- If by virtue of a search warrant: at the place where the
items were taken
- If by virtue of a warrantless arrest, such as a checkpoint: at
the nearest police station or office of the apprehending
officer or team
CONFISCATION
- If these requirements are not complied with the weight of
the items will be questionable
- In the confiscation of drugs, the prosecution must be able
to prove the chain of custody
- Chain of custody: refers to the duly recorded authorized
movements of the custody of the confiscated items from
the accused to the court
- The requirements constitute the first link because the first
link constitutes the measure of the marking
- Chain of custody: From the accused to the apprehending
officer then turned over to the investigator then to the
crime laboratory who examines then brought to the court
as evidence
- The prosecution has to prove that the items presented in
court are the very same items which were confiscated from
the possession of the accused. To prove it, all persons who
have come in possession of those items brought to court
from the time they were confiscated from the accused up to
the time that the items were brought to court should be
required to testify so that the chain of custody can be
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
established.
- If there is no inventory, photographing, and marking – the
first link – then there could be doubt whether it is the same
items confiscated from the accused. It could still be
admitted but the court may not believe that these are items
from the possession of the accused.
- Theissue of non-compliance with the said section is not of
EXCEPTION AS TO COMPLIANCE OF SECTION 21
1. There are justifiable grounds
2. If the integrity and the evidentiary value of the seized
items are properly preserved
JUSTIFIABLE GROUNDS
- One conducts a search warrant and was able to confiscate
dangerous drugs. Right after the search, the neighbors
started throwing rocks at the apprehending officers. Are
they still going to conduct the inventory at the crime
scene? The apprehending officers can leave to save their
lives. As to the marking of exhibits, even if it states that if it
is virtue of a search warrant the inventory, as well as the
marking should be made at the place where the search was
made, it is not anymore at the place of incident but it could
be at the police station.
- Justifiable grounds + there should be efforts to preserve the
integrity and evidentiary value of the seized items
- The non-compliance of Section 21 will not affect the
admissibility of the items but only the weight
- Conduct of inventory, photographing and marking is
important in order to prove the chain of custody
THE LINKS
1. Seizure and marking
2. Turnover of the items from the apprehending officer to the
investigating officer
3. Turnover of the drugs by the investigating officer to the
forensic chemist of the crime laboratory
4. Submission of the drugs by the chemist to the court
SOME CASES
- While the chain of custody should ideally be perfect, in
reality it is not, "as it is almost always impossible to obtain
an unbroken chain." The most important factor is the
preservation of the integrity and the evidentiary value of
the seized items as they will be used to determine the guilt
or innocence of the accused. (Pp vs Osman, GR 201100,
February 4, 2015)
- The chain of custody requirement is essential to ensure that
doubts regarding the identity of the evidence are removed
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through the monitoring and tracking of the movements of
the seized drugs from the accused, to the police, to the
forensic chemist, and finally to the court. The law requires
"substantial" and not necessarily "perfect adherence" as
long as it can be proven that the integrity and the
evidentiary value of the seized items were preserved.(Pp vs
Piad, GR 213607, January 25, 2016)
admissibility, but of weight to be given on the evidence.
The non-compliance of Section 21 does not make the arrest
illegal or items confiscated from the accused inadmissible.
(Pp vs Dahil, GR 212196, January 12, 2015)
Section 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory
Equipment.
(1) The apprehending team having initial custody and
control of the drugs shall, immediately after seizure
and confiscation, physically inventory and
photograph the same in the presence of the accused or
the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a
representative from the media and the Department of
Justice (DOJ), and any elected public official who
shall be required to sign the copies of the inventory
and be given a copy thereof;
Q: Is prior surveillance a prerequisite to the validity of a buy
bust or an entrapment operation?
A: NO. Prior surveillance is not a prerequisite to the
validity of a buy bust or an entrapment operation.
Pp. vs Lucio GR NO. 191391, June 19, 2013
MARKING
- Marking is important to avoid planting, switching
and contamination of evidence. Pp vs Lopez, January
29, 2014
- The marking should be done by the apprehending
officer.
In one case it was done by the accused himself.
SC: It must be done by the officer himself and not by
the accused. Pp. vs Resurrection, 603 SCRA 510
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
(2) Within twenty-four (24) hours upon confiscation, the
items shall be submitted to the PDEA Forensic
Laboratory for a qualitative and quantitative
examination;
Section 22. Grant of Compensation, Reward and Award.
- to any person providing information and to law
enforcers participating in the operation, which results
in the successful confiscation, seizure or surrender of
dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals.
Section 23. Plea-Bargaining Provision.
- This is absolutely prohibited for violations under RA
9165.
Section 24. Non-Applicability of the Probation Law for Drug
Traffickers and Pushers.
- The benefits of probation law are available to those
convicted for violations of RA 9165, EXCEPT for
selling.
- For example, section 12 Possession of drug
paraphernalias is probationable because its penalty is
less than 6 years, that is 6 months and 1 day to 4
years.
NOTE:
Section 70. Probation or Community Service for a
First-Time Minor Offender in Lieu of Imprisonment.
- A minor can apply for probation even if his penalty
exceeds 6 years. EXCEPT for selling.
- Remember also that when the violator is a minor, the
penalty that should be imposed on him is not life
sentence but reclusion perpetua.
Section 25. Qualifying Aggravating Circumstances in the
Commission of a Crime by an Offender Under the Influence of
Dangerous Drugs.
- Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous
drugs shall be a qualifying aggravating circumstance
in the commission of a crime by an offender, and the
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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application of the penalty provided for in the Revised
Penal Code shall be applicable.
- Example: If it is proven that before killing the victim,
the accused is positive of drugs, the crime committed
would be MURDER. Because the positive finding for
the use of dangerous drugs will be considered as
QUALIFYING AGGRAVATING CIRCUMSTANCE.
Section 26. ATTEMPT OR CONSPIRACY.
GR: For violations of SPLs, there is no attempted or
frustrated stage.
EXC: If a particular special law provides that an
attempted stage of a violation of a provision of that
law is punishable then there is attempted stage of a
violation of that law.
RA 9165 provides that any attempt or conspiracy to commit
the following unlawful acts shall be penalized by the same
penalty prescribed for the commission of the same.
Mere conspiracy to commit any of the following acts is
punishable:
(a) Importation of any dangerous drug and/or controlled
precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous
drug and/or controlled precursor and essential
chemical;
(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of
dangerous drugs.
- Example: The policeman conducted a buybust
operation against a pusher. When the pusher was
about to give the shabu to the poseur buyer, he
realized that the person he was transacting with was a
law enforcer. So instead of giving the shabu to the law
enforcer, he ranaway. What is the crime committed?
ANS. He committed an attempted sale of dangerous
drugs. Attempted only because there was no delivery.
There was only an attempt to deliver. So long as the
accused had the intent to sell and has shown overt
acts- such as showing the dangerous drugs to the
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
buyer, he is already liable for attempted sale. Pp vs
Adam ♥ October 13, 2003
- Penalty: the same with selling.
Section 27. Criminal Liability of a Public Officer or Employee
for Misappropriation, Misapplication or Failure to Account
for the Confiscated, Seized and/or Surrendered Dangerous
Drugs
- This is the purpose of the requisites of inventory and
picture taking, to prevent Section 27.
- This shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to
account for confiscated, seized or surrendered
dangerous drugs.
- Penalty: Life imprisonment to death and a fine
ranging from 500K to 10M in addition to absolute
perpetual disqualification from any public office.
Any ELECTIVE LOCAL OR NATIONAL OFFICIAL found
a. TO HAVE BENEFITED FROM THE PROCEEDS of
the trafficking of dangerous drugs as prescribed in
this Act, or
b. HAVE RECEIVED ANY FINANCIAL OR
MATERIAL CONTRIBUTIONS or donations from
natural or juridical persons found guilty of trafficking
dangerous drugs as prescribed in this Act
SHALL BE REMOVED FROM OFFICE and perpetually
disqualified from holding any elective or appointive positions
in the government, its divisions, subdivisions, and
intermediaries, including government-owned or –controlled
corporations.
―Narco politics‖ – Where those people who are engaged
in illegal drug trade are giving financial contributions to
politicians, specially during elections, and in return they
expect protection.
Section 28. Criminal Liability of Government Officials and
Employees.
The maximum penalties of the unlawful acts
provided for in this Act shall be imposed, in addition
to absolute perpetual disqualification from any public
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office, if those found guilty of such unlawful acts are
government officials and employees.
Section 29. Criminal Liability for Planting of Evidence.
- This is the penalty for planting evidence.
- Any person who is found guilty of "planting" any
dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and purity,
shall suffer the penalty of death.
- Penalty: Life imprisonment.
- Judge D: It is easy to raise this as a defense but this is
hard to prove because of the presumption of
regularity. As between the word of the police officer
and the word of the accused, the judge is most likely
to believe the police officer. But of course the court
has to be vigilant.
Section 37. Workplace Drugfree
Section 51. LGU
- Should also help in the fight
Section 52. Abatement of Drug Related Public Nuisances -
Any place or premises which have been used on two or more
occasions as the site of the unlawful sale or delivery of
dangerous drugs may be declared to be a public nuisance,
and such nuisance may be abated
- Changi
- There may be a board created to conduct hearing
on complaints regarding nuisances.
- After hearing in which the Board may consider any
evidence, including evidence of the general
reputation of the place or premises, and at which
the owner of the premises shall have an
opportunity to present evidence in his/her defense,
the Board may declare the place or premises to be a
public nuisance.
- Once declared as a public nuisance, it can be
summarily abated
Section 54. Voluntary Drug Rehabilitation
- An addict is not the same as an ordinary sick
person
- Before a drug dependent can be admitted to a
center there must be a court order
- There must be a petition filed in court, and only
when the court is convinced that the petitioner is a
drug dependent that it will issue an order
admitting the petitioner in a rehabilitation center
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
- Not really voluntary
- Once there is attempt to kill his parents there will
be an case, sometimes the case will be dismissed
but with the condition to subject to rehabilitation
- The person by himself or through his
parents/spouse, may apply to the board for the
rehabilitation of the drug dependent. Thereafter the
board shall file the appropriate petition in court.
- During the hearing the petition should present a
DOH accredited physical to testify that the
petitioner is a drug dependent
- If found to be a dependent, he shall undergo at
least 6 months of rehabilitation, but not more than
1 year in a DOH accredited center designated by
the board.
- May not be confined but there has to be a program,
if under 18 and a 1st time offender
- Once the court will approve the petition it means
that there is a violation of section 15.
o If rehabilitated, will not be punished
o If not, he will be punished under Section
15
o After second commitment - prosecution
under section 15
Section 58. Filing of Charges Against a Drug Dependent Who
is Not Rehabilitated Under the Voluntary Submission
Program. – shall be charged for violation of Section 15 of
this Act and prosecuted like any other offender. If convicted,
he/she shall be credited for the period of confinement and
rehabilitation in the Center in the service of his/her sentence.
Section 60
- The Records are a drug related case is confidential
Section 61. Compulsory Confinement in a Drug
Rehabilitation Center
- There should be at least 2 doctors accredited by the
board declaring the person to be a drug dependent
o If one states he is not a drug dependent,
the court will have to decide whether or
not to approve the petition
- If no court order then the confinement will be
illegal detention
Section 62. Compulsory Submission of a Drug Dependent
Charged with an Offense to Treatment and Rehabilitation.
- Offense charged is 6 years or less and found to be
drug dependent
- The proceedings shall be suspended and the
accused to be treated in a drug rehabilitation center
- Period in the center shall be deducted from the
crime charged
- Same as preventive suspension
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Section 66. Suspended Sentence
- The minor instead of serving sentence shall instead
be placed in a rehabilitation center
- If the minor is rehabilitated, the case shall be
dismissed
- Suspension is automatic, no application needed
- The last paragraph has been repealed RA 9344
- The last paragraph talks about minors who are
under 15.
- RA 9344 over section 66
Section 67. . Discharge After Compliance with Conditions of
Suspended Sentence of a First-Time Minor Offender.
- Suspension of sentence only availed only once
- Not more than 18 but relate it to RA 9344
o It is available to 21 years below
Section 69. Promulgation of Sentence for First-Time Minor
Offender.
- If not corrected, the offender shall be required to
serve his sentence
Section 70. Probation or Community Service for a First-Time
Minor Offender in Lieu of Imprisonment.
- If there is no suspended sentence, can avail of
probation
o Even if the penalty is higher than 6 years
- Violation must not be for selling
o People vs. Padua July 13, 2008
- Section 24 prevails over section 70
Section 73.
- Liability of the parents or spouse who refuses to
cooperate with the board in treatment and
rehabilitation of a person who is a minor
Section 77. The Dangerous Drugs Board
- Creation of Dangerous Drugs Board and PDEA
- DDB - policy making body under the office of the
president
- PDEA - the implementing arm
Section 82. PDEA
- PDEA is the implementing arm of the board
- Headed by director general who shall have the
rank of an under secretary
Section 86. Transfer, Absorption, and Integration of All
Operating Units on Illegal Drugs into the PDEA and
Transitory Provisions.
- Last paragraph
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
- PDEA shall be the lead agency
- NBI, PNP should transfer to the PDEA
- Law enforcement agencies should coordinate
with PDEA in their operations in drug related
activities
- But failure to cooperate with PDEA will not
invalidate the operation
o People vs. Sta. Maria Feb. 23, 2007
o People vs. Balacute 206366 August 13 2014
 Coordination with the PDEA is not
an indispensable element of a
proper buy-bust operation
Section 91. Responsibility and Liability of Law Enforcement
Agencies and other Government Officials and Employees in
Testifying as Prosecution Witnesses in Dangerous Drugs
Cases.
- It is a criminal act if a member of the law
enforcement agency or any other government
official or employee after due notice, fails or
refuses intentionally or negligently, to appear as
a witness for the prosecution in any proceedings,
involving violations of this Act, without any
valid reason
- Penalty is 12 years and 1 day to 20 years and a
fine not less than 500,000
- The immediate superior of the member of the law
enforcement agency or any other government
employee mentioned in the preceding paragraph
shall be penalized with imprisonment of not less
than two (2) months and one (1) day but not
more than six (6) years and a fine of not less than
Ten thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification
from public office if despite due notice to them
and to the witness concerned, the former does
not exert reasonable effort to present the latter to
the court.
o Command responsibility
- The member of the law enforcement agency or
any other government employee may be
transferred or re-assigned for compelling reasons
such as a form of disciplinary action or
promotion.
o Provided, That his/her immediate
superior shall notify the court where the
case is pending of the order to transfer or
re-assign, within twenty-four (24) hours
from its approval; Provided, further, That
his/her immediate superior shall be
penalized with imprisonment of not less
than two (2) months and one (1) day but
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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not more than six (6) years and a fine of
not less than Ten thousand pesos
(P10,000.00) but not more than Fifty
thousand pesos (P50,000.00) and in
addition, perpetual absolute
disqualification from public office, should
he/she fail to notify the court of such
order to transfer or re-assign.
Section 92. Delay and Bungling in the Prosecution of Drug
Cases.
- Any government officer or employee tasked
with the prosecution of drug-related cases
under this act, who, through patent laxity,
inexcusable neglect, unreasonable delay or
deliberately causes the unsuccessful
prosecution and/or dismissal of the said drug
cases, shall suffer the penalty of imprisonment
ranging from twelve (12) years and one (1) day
to twenty (20) years without prejudice to his/her
prosecution under the pertinent provisions of
the Revised Penal Code.
Sec. 93. Reclassification, Addition or Removal of Any Drug
from the List of Dangerous Drugs
Sec. 98.Limited Applicability of the Revised Penal Code
- General rule: Notwithstanding any law, rule or
regulation to the contrary, the provisions of the
Revised Penal Code (Act No. 3814), as amended,
shall not apply to the provisions of this Act.
- Exception: In the case of minor offenders. Where
the offender is a minor, the penalty for acts
punishable by life imprisonment to death
provided herein shall be reclusion perpetua to
death.
Important rulings from jurisprudence:
-there is no requirement that the police must apply
fluorescent powder to the buy-bust money to prove the
commission of the offense or taking of the fingerprints from
the money or shabu; PP vsSy 503 SCRA 772
-Is the forensic chemist required to examine the entire mass
of the confiscated dangerous drugs? No. It is enough that the
sample of the said substance besubjectto qualitative
examination.
-in prosecution for violation of RA 9165, the prosecution
need not prove the negative allegation (now take note that as
a requisite, the accused is not authorized by law to possess
the same), this is what we call the negative element of the
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
crime. According to SC, the prosecution is not required to
prove a certification from BFAD that the accused is really not
authorized; simply put, prosecution need not prove the
negative element of the crime. It is incumbent however by
the accused that he is authorized to possess said drugs; PP vs
Yang 423 SCRA 82
- Take note, in relation to PD 1866, in prosecution for
violation under said law, there must a document to prove
that the accused is not authorized by law to carry such
firearm. In RA 9165, however, it is the reverse.
-Presentation of the confidential agent in a buy-bust
operation is not always required, example in cases when his
testimony is merely corroborative; One reason is to protect
the identity of the agents for purposes of future buy-bust
operations.
-Presentation of the buy-bust money is not an indispensable
requirement in the prosecution of the case under RA 9165.
-Elements of possession, that the accused was in possession
of dangerous drugs, he must be fully and consciously aware
of being in possession of dangerous drugs, this is what we
call animus posedendi; That the accused had no legal
authority to possess the dangerous drugs; PP vsAbuan 505
SCRA 799
-possession as a rule is absorbed in selling of dangerous
drugs. Remember also that possession of more drugs
intended for future transactions, aside from the sale, then the
accused can also be charged with possession aside from
selling the same.
August 21, 2016
More cases and notes under RA 9165
Pp vs Kimora 428 SCRA 51
 Considering the confiscated drug is the corpus delicti
of the crime, the dangerous drug itself must be
presented in court. The non-presentation of the
dangerous drugs is fatal. It causes dismissal of the
case.
Pp vs Yang, February 16, 2004
 The consummation of the crime of illegal sale of
drugs may be sufficiently established even in the
absence of the exchange of money. The payment
could precede or follow the delivery of the drug sold.
In a buy bust operation, what‘s important is that the
pusher buyer received the shabu from the offender
and the same was presented as evidence in court.
 It's very hard to prove whether one is a drug lord. So,
to prove his guilt in court, you have to present the
drug itself.
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Under Section 5, it is not only selling that is prohibited. It also
includes:
1. TRANSPORTATION - the moving or carrying the drug
from 1 place to another
Elements:
1. The accused carried or moved the dangerous drug from 1
place to another; and
2. He intended to transport it.
o If the accused is not convicted of transporting, he can
be convicted of possession. Transportation of illegal
drugs does not involve transportation of possession.
There is no recipient here.
o The place of origin in transporting is not important,
unlike in importation. Pp vs Alfonso June 18, 1990
o In transporting, it is not necessary that the place of
destination is reached. (Pp vs Lo Ho Wing, Jan 1991)
o In a case, the accused was accused of attempt to
transport illegal drugs. He was apprehended at a bus
station on board a bus which was about to depart, in
possession of 2.2 kilos of marijuana. He was convicted
of attempt to transport illegal drugs. The Penalty is
same with consummated transportation.
2. DELIVERY
o Delivery is absorbed in sale because sale can‘t be
consummated without delivery of the dangerous
drugs to the poseur-buyer. Delivery is any act of
knowingly passing dangerous drug to another
personally or otherwise and by any means with or
without consideration. (In sale there is consideration).
So if there is no consideration, one can still be
convicted of delivery.
3. SALE
o Sale is consummated by mere delivery of the drug.
o The fact that no money was actually delivered by the
poseur-buyer to the pusher, the same would not
prevent the offense from being consummated.
o Payment may precede the sale or may be given after
the sale. What‘s important is the delivery of the drug
to the poseur-buyer.
PD 1866 as amended by 10591
Comprehensive Firearms and Ammunition Regulation Act
This is related to the justifying circumstance of self defense or
relatives or stranger because the 2nd element is the means
used must be necessary and reasonable and in putting up a
defense to prevent aggression, the person attacked could use a
firearm. Suppose the firearm used is unlicensed. What‘s the
liability? Let's familiarize ourselves first with the terms used.
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
SEC. 3.Definition of Terms. – As used in this Act:
 Take note that we only placed the terms mentioned
by Judge. Pls read the law for the complete list of
definition of terms.
(a) Accessories refer to parts of a firearm which may enhance
or increase the operational efficiency or accuracy of a firearm
but will not constitute any of the major or minor internal parts
thereof such as, hut not limited to, laser scope, telescopic sight
and sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of
a bullet, gunpowder, cartridge case and primer or loaded shell
for use in any firearm. Definition of terms
(k) Duty detail order refers to a document issued by the
juridical entity or employer wherein the details of the
disposition of firearm is spelled-out, thus indicating the name
of the employee, the firearm information, the specific duration
and location of posting or assignment and the authorized
bonded firearm custodian for the juridical entity to whom such
firearm is turned over after the lapse of the order.
 Our security guards don't have firearms license but
they only have duty detail order. What would be
stated here? Name of employee, information related
to the firearm to be carried, specific duration and
location of posting or assignment
(l) Firearm refers to any handheld or portable weapon,
whether a small arm or light weapon, that expels or is
designed to expel a bullet, shot, slug, missile or any projectile,
which is discharged by means of expansive force of gases from
burning gunpowder or other form of combustion or any
similar instrument or implement. For purposes of this Act, the
barrel, frame or receiver is considered a firearm.
2 Kinds:
1. Small arm - not small firearm. It's ARM. In small arm, you
have to pull the trigger if you want to fire.
2. Light weapon - further classified to Class A and Class B.
These are for the military only and can‘t be owned by civilians.
These are full automatic weapons which have the capability of
automatic firing with the continuous pulling of the trigger. If
you do not release the trigger, these firearms will continue to
expel bullets till the bullets are consumed. Ex: armalite
Take note: the Barrel, frame or handle, and receiver is
considered a firearm. So you can be convicted if what you will
bring is not a complete gun. Penalty: same as provided by this
act. Explosives are not firearms. This can be found in Sec 3 in
PD 1866.
(Under the old law: the 2 kinds are high powered or low
powered)
(q) Imitation firearm refers to a replica of a firearm, or other
device that is so substantially similar in coloration and overall
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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appearance to an existing firearm as to lead a reasonable
person to believe that such imitation firearm is a real firearm.
(t) Light weapons are:
Class-A Light weapons which refer to self-loading pistols,
rifles and carbines, submachine guns, assault rifles and light
machine guns not exceeding caliber 7.62MM which have fully
automatic mode; and
Class-B Light weapons which refer to weapons designed for
use by two (2) or more persons serving as a crew, or rifles and
machine guns exceeding caliber 7.62MM such as heavy
machine guns, handheld underbarrel and mounted grenade
launchers, portable anti-aircraft guns, portable anti-tank guns,
recoilless rifles, portable launchers of anti-tank missile and
rocket systems, portable launchers of anti-aircraft missile
systems, and mortars of a caliber of less than 100MM.
(u) Long certificate of registration refers to licenses issued to
government agencies or offices or government-owned or -
controlled corporations for firearms to be used by their officials
and employees who are qualified to possess firearms as
provider in this Act, excluding security guards.
 given to the LGUs, GOCCs. Their personnel have
this so called short certificate of registration. Police
and military are given mission order and
memorandum receipt. If you receive property from
the government, you are given a memorandum
receipt to show you have in your possession such
property.
(v) Loose firearm refers to an unregistered firearm, an
obliterated or altered firearm, firearm which has been lost or
stolen, illegally manufactured firearms, registered firearms in
the possession of an individual other than the licensee and
those with revoked licenses in accordance with the rules and
regulations.
(w) Major part or components of a firearm refers to the barrel,
slide, frame, receiver, cylinder or the bolt assembly. The term
also includes any part or kit designed and intended for use in
converting a semi-automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the firearm
other than the major parts which are necessary to effect and
complete the action of expelling a projectile by way of
combustion, except those classified as accessories.
(y) Permit to carry firearm outside of residence refers to a
written authority issued to a licensed citizen by the Chief of the
PNP which entitles such person to carry his/her registered or
lawfully issued firearm outside of the residence for the
duration and purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority
issued to a licensed citizen or entity by the Chief of the PNP or
by a PNP Regional Director which entitles such person or
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
entity to transport a particular firearm from and to a specific
location within the duration and purpose in the authority.
If you want to carry a firearm, you need two permits:
1. License to own and possess firearm (LTOP)-
o if you are granted, you cannot carry it
outside your residence unless you have a
permit to carry even if you just put it in your
car. It should remain in the residence.
o if you still bring without a permit to carry,
you violate this law although the penalty is
lesser
o expires in 2 years while the registration of
the firearm expires in 4 years
2. Permit to carry
(aa) Residence refers to the place or places of abode of the
licensed citizen as indicated in his/her license.
 is where one keeps his firearm. Anybody in the
family can use it even if without license if you are
attacked
(cc) Short certificate of registration refers to a certificate issued
by the FEO of the PNP for a government official or employee
who was issued by his/her employer department, agency or
government-owned or -controlled corporation a firearm
covered by the long certificate of registration.
(dd) Small arms refer to firearms intended to be or primarily
designed for individual use or that which is generally
considered to mean a weapon intended to be fired from the
hand or shoulder, which are not capable of fully automatic
bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from
the hand, which includes:
(i) A pistol which is a hand-operated firearm having a
chamber integral with or permanently aligned with the
bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a
revolving cylinder containing chambers for individual
cartridges.
(2) Rifle which is a shoulder firearm or designed to be
fired from the shoulder that can discharge a bullet
through a rifled barrel by different actions of loading,
which may be classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and
intended to fire a number of ball shots or a single
projectile through a smooth bore by the action or energy
from burning gunpowder.
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 so a civilian cannot own an armalite, only those
firearms which are not capable of fully automatic
bursts
Ex: handgun (pistols, revolvers, calibre .45), rifle, shot gun
(gg) Thermal weapon sight refers to a battery operated,
uncooled thermal imaging device which amplifies available
thermal signatures so that the viewed scene becomes clear to
the operator which is used to locate and engage targets during
daylight and from low light to total darkness and operates in
adverse conditions such as light rain, light snow, and dry
smoke or in conjunction with other optical and red dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
SEC. 4.Standards and Requisites for Issuance of and Obtaining
a License to Own and Possess Firearms.
1. applicant must be a Filipino citizen,
2. at least twenty-one (21) years old and
3. has gainful work, occupation or business or has filed
an Income Tax Return (ITR) for the preceding year as
proof of income, profession, business or occupation.
In addition, the applicant shall submit the following
certification issued by appropriate authorities attesting the
following:
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.
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As discussed by Judge D
The applicant shall pay the reasonable licensing fees as may be
provided in the implementing rules and regulations of this
Act.
An applicant who intends to possess a firearm owned by a
juridical entity shall submit his/her duty detail order to the
FEO of the PNP.
SEC. 5.Ownership of Firearms and Ammunition by a Juridical
Entity. – A juridical person maintaining its own security force
may be issued a regular license to own and possess firearms
and ammunition under the following conditions:
(a) It must be Filipino-owned and duly registered with the
Securities and Exchange Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial
requirements to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified
by the Bureau of Internal Revenue.
The application shall be made in the name of the juridical
person represented by its President or any of its officers
mentioned below as duly authorized in a board resolution to
that effect: Provided, That the officer applying for the juridical
entity, shall possess all the qualifications required of a citizen
applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical
person are: the vice president, treasurer, and board secretary.
Security agencies and LGUs shall be included in this category
of licensed holders but shall be subject to additional
requirements as may be required by the Chief of the PNP.
SEC. 6.Ownership of Firearms by the National Government. –
All firearms owned by the National Government shall be
registered with the FEO of the PNP in the name of the
Republic of the Philippines. Such registration shall be exempt
from all duties and taxes that may otherwise be levied on other
authorized owners of firearms. For reason of national security,
firearms of the Armed Forces of the Philippines (AFP), Coast
Guard and other law enforcement agencies shall only be
reported to the FEO of the PNP.
SEC. 7.Carrying of Firearms Outside of Residence or Place of
Business. – A permit to carry firearms outside of residence
shall be issued by the Chief of the PNP or his/her duly
authorized representative to any qualified person whose life is
under actual threat or his/her life is in imminent danger due to
the nature of his/her profession, occupation or business.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
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 If you want to have a firearm, secure license to own
and possess firearm, and a permit to carry firearm
outside residence (PTCFOR)
It shall be the burden of the applicant to prove that his/her life
is under actual threat by submitting a threat assessment
certificate from the PNP.
For purposes of this Act, the following professionals are
considered to be in imminent danger due to the nature of their
profession, occupation or business: TAKE NOTE!
(a) Members of the Philippine Bar;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or
undertaking, are exposed to high risk of being targets of
criminal elements
SEC. 8.Authority to Issue License. – The Chief of the PNP,
through the FEO of the PNP, shall issue licenses to qualified
individuals and to cause the registration of firearms.
SEC. 9. Licenses Issued to Individuals. – Subject to the
requirements set forth in this Act and payment of required fees
to be determined by the Chief of the PNP, a qualified
individual may be issued the appropriate license under the
following categories;
o Type 1 license – allows a citizen to own and possess a
maximum of two (2) registered firearms;
o Type 2 license – allows a citizen to own and possess a
maximum of five (5) registered firearms;
o Type 3 license – allows a citizen to own and possess a
maximum of ten (10) registered firearms;
o Type 4 license – allows a citizen to own and possess a
maximum of fifteen (15) registered firearms; and
o Type 5 license – allows a citizen, who is a certified
gun collector, to own and possess more than fifteen
(15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock
and key or other security measures for the safekeeping of
firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the
inspection and bond requirements.
Firearms That May Be Registered (Section 10)
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
 Only small arms may be registered by licensed
citizens or licensed juridical entities for ownership,
possession and concealed carry.
 A light weapon shall be lawfully acquired or
possessed exclusively by the AFP, the PNP and
other law enforcement agencies authorized by the
President in the performance of their duties.
 Provided, That private individuals who already
have licenses to possess Class-A light weapons
upon the effectivity of this Act shall not be
deprived of the privilege to continue possessing
the same and renewing the licenses therefor, for
the sole reason that these firearms are Class "A"
light weapons, and shall be required to comply
with other applicable provisions of this Act.
– Because before, civilians can own light
weapons. But now, only small arms may
be registered
License to Possess Ammunition Necessarily Included (Section
12)
 So, if you have been issued a license to own and
possess firearms, necessarily, you can also possess
ammunitions
 Maximum of fifty (50) rounds for each registered
firearm
 Provided, that the FEO of the PNP may allow more
ammunition to be possessed by licensed sports
shooters.
Issuance of License to Manufacture or Deal In Firearms and
Ammunition (Section 13)
Just read.
Registration of Locally Manufactured and Imported Firearms
(Section 15)
Just read.
Renewal of Licenses and Registration (Section 19)
 All types of licenses to possess a firearm shall be
renewed every two (2) years.
 The registration of the firearm shall be renewed
every four (4) years.
 The failure to renew a license or registration within
the periods stated above on two (2) occasions shall
cause the holder of the firearm to be perpetually
disqualified from applying for any firearm license.
 The application for the renewal of the license or
registration may be submitted to the FEO of the
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PNP, within six (6) months before the date of the
expiration of such license or registration.
Death or Disability of Licensee (Section 26)
 Upon the death or legal disability of the holder of a
firearm license, it shall be the duty of his/her next
of kin, nearest relative, legal representative, or
other person who shall knowingly come into
possession of such firearm or ammunition, to
deliver the same to the FEO of the PNP or Police
Regional Office
 Such firearm or ammunition shall be retained by
the police custodian pending the issuance of a
license and its registration in accordance, with this
Act.
 The failure to deliver the firearm or ammunition
within six (6) months after the death or legal
disability of the licensee shall render the possessor
liable for illegal possession of the firearm.
IMPORTANT PROVISIONS!
Unlawful Acquisition, or Possession of Firearms and
Ammunition (Section 28)
The unlawful acquisition, possession of firearms and
ammunition shall be penalized as follows:
1) The penalty of prision mayor in its medium period
shall be imposed upon
– any person who shall unlawfully acquire or possess
a small arm
2) The penalty of reclusion temporal to reclusion perpetua
shall be imposed
– if three (3) or more small arms or Class-A light
weapons are unlawfully acquired or possessed by
any person
3) The penalty of prision mayor in its maximum period
shall be imposed upon
– any person who shall unlawfully acquire or possess
a Class-A light weapon
4) The penalty of reclusion perpetua shall be imposed
upon
– any person who shall, unlawfully acquire or possess
a Class-B light weapon
5) The penalty of one (1) degree higher than that provided
in paragraphs (a) to (c) in this section shall be imposed
upon any person who shall unlawfully possess any
firearm under any or combination of the following
conditions:
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
“AGGRAVATING‖
(a) Loaded with ammunition or inserted with a loaded
magazine
– If you have ammunition, together with your
unlicensed firearm, the possession of
ammunition is absorbed in the crime of
possession of unlicensed firearm
– If what you possess is only ammunition, you
can be charged with possession of ammunition
– If the ammunition is loaded to your firearm,
that is considered aggravating
(b) Fitted or mounted with laser or any gadget used to
guide the shooter to hit the target such as thermal
weapon sight (TWS) and the like
(c) Fitted or mounted with sniper scopes, firearm
muffler or firearm silencer
(d) Accompanied with an extra barrel; and
(e) Converted to be capable of firing full automatic
bursts
(f) The penalty of prision mayor in its minimum period
shall be imposed upon
– any person who shall unlawfully acquire or
possess a major part of a small arm
(g) The penalty of prision mayor in its minimum period
shall be imposed upon
– any person who shall unlawfully acquire or
possess ammunition for a small arm or Class-A
light weapon
– If the violation of this paragraph is committed
by the same person charged with the unlawful
acquisition or possession of a small arm, the
former violation shall be absorbed by the latter
 TAKE NOTE: if it is inserted it is Aggravating.
(h) The penalty of prision mayor in its medium period shall
be imposed upon any person who shall unlawfully acquire
or possess a major part of a Class-A light weapon.
 Take note of Letter G and I.
 In letter G it states, ammunition for a small
arm or Class-A. Actually that Class-A is in
letter I. So, the penalty of prision mayor in its
medium period shall be imposed upon any
person who shall unlawfully acquire or
possess ammunition for Class-A light
weapon.
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 If the same person is charged with violation of
possession of Class A light weapon, a possession of
ammunition is absorbed.
(j) The penalty of prision mayor in its maximum period shall
be imposed upon any person who shall unlawfully acquire
or possess a major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall
be imposed upon any person who shall unlawfully acquire
or possess ammunition for a Class-B light weapon. If the
violation of this paragraph is committed by the same person
charged with the unlawful acquisition or possession of a
Class-B light weapon, the former violation shall be absorbed
by the latter.
MOST IMPORTANT PROVISION!!!
SEC. 29.Use of Loose Firearm in the Commission of a Crime.
– The use of a loose firearm, when inherent in the commission
of a crime punishable under the Revised Penal Code or other
special laws, shall be considered as an aggravating
circumstance:
 When at the time of the arrest, the firearm is used in
the commission of the crime such as homicide,
murder; the possession of the unlicensed firearm is
considered aggravating and not a separate offense.
 Example: Homicide, the use of unlicensed firearm is
aggravating.
 Suppose the crime committed using the unlicensed
firearm has a lower penalty, example, grave threats.
What is the penalty? The penalty for illegal
possession of firearm shall be imposed in lieu of the
penalty for the crime charged.
 ―Provided, that if the crime committed with the
use of a loose firearm is penalized by the law
with a maximum penalty which is lower than
that prescribed in the preceding section for illegal
possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of
the penalty for the crime charged.‖
 TAKE NOTE with this because this may affect
jurisdiction.
o Alarms and scandal per se, which is
punishable by arestomenor and a fine of 200,
the jurisdiction belongs to the first level
courts. With this new law, it could be that
the crime committed with the use of
unlicensed firearm is now cognizable of the
RTC because the jurisdiction of the courts in
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
criminal cases depends on the penalty
imposable.
o 6 years and below, as a rule, first level
courts. Over 6 years, RTC.
- What about if the penalty for the crime committed
and the penalty for the possession of the unlicensed
firearm are equal?
 You have to suffer 2 penalties.
 ―Provided, further, That if the crime committed
with the use of a loose firearm is penalized by
the law with a maximum penalty which is equal
to that imposed under the preceding section for
illegal possession of firearms, the penalty of
prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime
punishable under the Revised Penal Code or
other special laws of which he/she is found
guilty‖
 So, it is as if you are convicted with 2 crimes.
- ―If the violation of this Act is in furtherance of, or
incident to, or in connection with the crime of
rebellion of insurrection, or attempted coup d’ etat,
such violation shall be absorbed as an element of the
crime of rebellion or insurrection, or attempted coup
d’ etat.‖
 So, absorbed.
 Remember that in rebellion, common crimes are
absorbed: murder, homicide, robbery, as long as
they are committed in furtherance of rebellion,
not for personal end. This is what we call the
POLITICAL DOCTRINE.
 If a person is killed, and it is in furtherance of
rebellion, the killing is not murder or homicide
but rebellion. But according to SC, if the accused
is charged by the prosecution with murder, that
is within the powers of the prosecution to charge
the accused with such crime.
 The fiscal, they have the right, the duty to impose
the appropriate crime. Once the case is filed in
court, the accused can raise that so called political
doctrine. He can question the charge in court by
raising the defense of political doctrine. Once the
accused will raise that defense, the court should
conduct a hearing to determine whether the
killing is indeed committed in furtherance of
rebellion. In other words, the court will not
immediately dismiss the case, the court will
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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determine first whether the killing is really
connected with rebellion. (SaturOcampo Case).
- Sedition is not included. Take note, it is attempted
coup ‗detat.
- TAKE NOTE: when aggravating, when absorbed
and when the possession of unlicensed firearm is
considered a separate crime.
- ―If the crime is committed by the person without
using the loose firearm, the violation of this Act shall
be considered as a distinct and separate offense.‖
 Example: The accused is found in possession of
drugs. He was subjected with a search warrant
and when his house was searched drugs were
confiscated. In plain view, the police found
unlicensed firearms. What crime or crimes are
committed by the accused?
o Violation of Sec. 11 as regards
possession of dangerous drugs and
violation of the possession of unlicensed
firearm.
SEC. 30.Liability of Juridical Person. – The penalty of prision
mayor in its minimum to prision mayor in its medium period
shall be imposed upon the owner, president, manager, director
or other responsible officer of/any public or private firm,
company, corporation or entity who shall willfully or
knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or
persons found guilty of violating the provisions of the
preceding section, or willfully or knowingly allow any of them
to use unregistered firearm or firearms without any legal
authority to be carried outside of their residence in the course
of their employment.
SEC. 31.Absence of Permit to Carry Outside of Residence. –
The penalty of prisioncorreccional and a fine of Ten thousand
pesos (P10,000.00) shall be imposed upon any person who is
licensed to own a firearm but who shall carry the registered
firearm outside his/her residence without any legal authority
therefor.
- If you want to carry your unlicensed firearm outside
your residence, you have to have a Permit to Carry
Firearm Outside Residence.
- The penalty if you carry your firearm without permit
to carry is prisioncorreccional and a fine of Ten
thousand pesos (P10,000.00), MTC jurisdiction.
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
- If you commit a crime using that firearm, the same
penalty. That would be considered aggravating. Even
if you have licence, that is still considered unlicensed
because you do not have the permit to carry.
SEC. 32. Unlawful Manufacture, Importation, Sale or
Disposition of Firearms or Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be Used
in the Manufacture of Firearms, Ammunition or Parts
Thereof. – The penalty of reclusion temporal to reclusion
perpetua shall be imposed upon any person who shall
unlawfully engage in the manufacture, importation, sale or
disposition of a firearm or ammunition, or a major part of a
firearm or ammunition, or machinery, tool or instrument used
or intended to be used by the same person in the manufacture
of a firearm, ammunition, or a major part thereof.
- Sale – gun runner
- Reclusion temporal to reclusion perpetua
The possession of any machinery, tool or instrument used
directly in the manufacture of firearms, ammunition, or
major parts thereof by any person whose business,
employment or activity does not lawfully deal with the
possession of such article, shall be prima facie evidence that
such article is intended to be used in the unlawful or illegal
manufacture of firearms, ammunition or parts thereof.
PD 1866 as Amended by 10591
SEC. 33. Arms Smuggling. – The penalty of reclusion
perpetua shall be imposed upon any person who shall
engage or participate in arms smuggling as defined in this
Act.
- Bringing through a Balik Bayan Box
SEC. 34. Tampering, Obliteration or Alteration of Firearms
Identification.
- imposed upon any person who shall tamper, obliterate
or alter without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including the
name of the maker, model, or serial number of any
firearm, or who shall replace without authority the
barrel, slide, frame, receiver, cylinder, or bolt
assembly, including its individual or peculiar
identifying characteristics essential in forensic
examination of a firearm or light weapon.
SEC. 35. Use of an Imitation Firearm. – An imitation firearm
used in the commission of a crime shall be considered a real
firearm as defined in this Act and the person who committed
the crime shall be punished in accordance with this Act:
Provided, That injuries caused on the occasion of the conduct
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of competitions, sports, games, or any recreation activities
involving imitation firearms shall not be punishable under this
Act.
- Suppose the imitation firearm is used in the commission
of a crime, considered as a real fire arm
- Mere possession may not be considered as a crime, but
if used in the commission then it will be considered as
a real firearm
SEC. 36. In Custodia Legis. – During the pendency of any
case filed in violation of this Act, seized firearm,
ammunition, or parts thereof, machinery, tools or
instruments shall remain in the custody of the court. If the
court decides that it has no adequate means to safely keep
the same, the court shall issue an order to turn over to the
PNP Crime Laboratory such firearm, ammunition, or parts
thereof, machinery, tools or instruments in its custody during
the pendency of the case and to produce the same to the court
when so ordered. No bond shall be admitted for the release
of the firearm, ammunition or parts thereof, machinery, tool
or instrument.
- Under the custody of the court during the pendency of
the case
- No bond is necessary for the release
- If the case involved PD 1866, the firearm should be
deposited to the court
SEC. 37. Confiscation and Forfeiture. – The imposition of
penalty for any violation of this Act shall carry with it the
accessory penalty of confiscation and forfeiture of the
firearm, ammunition, or parts thereof, machinery, tool or
instrument in favor of the government which shall be
disposed of in accordance with law.
- The firearm shall be confiscated in favor of the
government and disposed of in accordance with law
- Turn over to the FEO
SEC. 38. Liability for Planting Evidence. –imposed upon any
person who shall willfully and maliciously insert; place,
and/or attach, directly or indirectly, through any overt or
covert act, any firearm, or ammunition, or parts thereof in the
person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or
incriminating the person, or imputing the commission of any
violation of the provisions of this Act to said individual. If
the person found guilty under this paragraph is a public
officer or employee, such person shall suffer the penalty of
reclusion perpetua.
- Penalty of "laglag bala" PM
- If he is a public officer then RP (aggravating)
- Without prejudice to any other criminal liability
including robbery
o There is threat or intimidation, through
threat of filing a case. It is not bribery
- If drugs then under RA 9165 - life sentence
SEC. 39. Grounds for Revocation, Cancellation or Suspension
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
of License or Permit. – The Chief of the PNP or his/her
authorized representative may revoke, cancel or suspend a
license or permit on the following grounds:
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;
- Aside from possible criminal liability, the license may
also be removed
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″;
- if you have many difference licensed guns but you are a
drug lord, that is ground for revocation.
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.
SEC. 40. Failure to Notify Lost or Stolen Firearm or Light
Weapon.
- Fine P10,000 for failure to report for loss of firearm
within 30 days from date of discovery
- Fine 5000 for not notifying change in residence within
30 days from transfer
SEC. 41. Illegal Transfer/Registration of Firearms. – It shall
be unlawful to transfer possession of any firearm to any
person who has not yet obtained or secured the necessary
license or permit thereof.
Any public officer or employee or any person who shall
facilitate the registration of a firearm through fraud, deceit,
misrepresentation or submission of falsified documents shall
suffer the penalty of prision correccional.
- A license firearm can be sold, even in the newspaper.
But to sell it the buyer must be a license holder to own
and posses a firearm
- If you sell to a person without a license then the buyer
may be charged under this law. The license is not
transferrable.
- The penalty of prision correccional shall be imposed
upon any person who shall violate the provision of
the preceding paragraph. In addition, he/she shall be
disqualified to apply for a license to possess other
firearms and all his/her existing firearms licenses
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whether for purposes of commerce or possession,
shall be revoked. If government-issued firearms,
ammunition or major parts of firearms or light
weapons are unlawfully disposed, sold or transferred
by any law enforcement agent or public officer to
private individuals, the penalty of reclusion temporal
shall be imposed.
- If the firearm sold is government issued, then the
penalty to private individuals will be RT but without
prejudice to other criminal liabilities
If you are a civilian asset of the military and then you are
issued with a mission order, is it valid?
- It is not valid, it will not replace the regular firearms
license
- People vs. Sayco March 3, 2008
o The mission order was ordered to him could
not replace the regular license
o Look at the answer of good faith
People vs. Evangelista G.R. No. 163267 May 5, 2010
Elements of Possession of Unlicensed Firearm
1. Existence of the Subject firearm
- The firearm must be presented and proved in court by
presenting it in court
2. The fact that the accused possessing the firearm
does not have the corresponding license
- In RA 9165 - negative element of the crime not required
to be proved
- In PD 1866 - the other way around, the prosecution
must be able to present a certification from the FEO
that the accused is indeed not licensed to own or
possess a firearm
- Failure on the part of the prosecution to present the
certification is fatal
- The prosecution however is not required to present the
signatory, the certification is a public document and is
in itself self-authenticating
- It is enough to present and mark the certificate as
evidence
3. The accused is fully and consciously aware of being
in possession of an unlicensed firearm
- Animus possidendi
- If you are cleaning your house and then when you are
sweeping the garbage, there is a gun or ammunition,
knowing that it is prohibited; you bring it to the
police station. On your way there is a check point.
o You are not liable because of the lack of the
3rd element. No animus possidendi
To convict an accused, the prosecution must clearly establish
the existence of the firearm. To establish the existence:
1. Presenting the firearm in court
- Just like presenting dangerous drugs, because it is the
corpus delicti of the crime
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
- There was a case where the presentation was not made;
the prosecution only presented testimonial evidence.
SC accepted the testimony:
o Testimony of a witness who saw the accused in
possession of the firearm is sufficient Pp. vs.
Del Rosario G.R. No. 142296 May. 21, 2001
o People vs. Narvasa G.R. No. 128618 Nov. 16, 1998
o Pp. vs Baleroso G.R. No. 164815 Feb. 22, 2008
People vs. Lion G.R. No. 115988 March 29, 1996
No animus possidendi if the possession or control is merely:
1. Temporary
2. Incidental
3. Casual
Altellero vs. Casimero April 25, 2012
- The police received a report that there are persons
armed in a place. When reaching the place the police
saw the baranggay captain who was walking wobbly
and used an armalite as a cane. The baranggay
captain was apprehended and required documents
for the firearm, the baranggay captain was only able
to present license to own and possess, no PTC. He
was charged,
- Under section 389 - b of the local government code, A
baranggay captain is authorized to possess and carry
firearm within his territorial jurisdiction. While
within the territory of his baranggay, he need not
secure a permit to carry outside his residence. As long
as he is within his jurisdiction (baranggay)
PD 1866 likewise penalize possession, manufacturing, etc
explosives. It was not completely repealed by RA 10591
because it pertains only to possession of firearms.
Section 3. Unlawful Manufacture, Sales, Acquisition,
Disposition, Importation or Possession of an Explosive or
Incendiary Device - The penalty of reclusion perpetua shall be
imposed upon any person who shall willfully and unlawfully
manufacture, assemble, deal in, acquire, dispose, import or
possess any explosive.
- If you possess hand grenade (in your home), you will
be penalized with reclusion perpetua.
―or incendiary device, with knowledge of its existence and its
explosive or incendiary character‖
- Meaning, there is animus possidendi
―where the explosive or incendiary device is capable of
producing destructive effect on contiguous objects or causing
injury or death to any person, including but not limited to,
hand grenade(s), rifle grenade(s), 'pillbox bomb', 'molotov
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cocktail bomb', 'fire bomb', and other similar explosive and
incendiary devices.‖
- Is firecracker included as explosive? NO if it is not
capable of producing destructive effect on contiguous
objects or causing injury or death to any person.
"Provided, That mere possession of any explosive or
incendiary device shall be prima facie evidence that the person
had knowledge of the existence and the explosive or incendiary
character of the device.‖
- Animus possidendi is presumed.
"Provided, however, That a temporary, incidental, casual,
harmless, or transient possession or control of any explosive
or incendiary device, without the knowledge of its existence or
its explosive or incendiary character, shall not be a violation
of this Section.‖
- If there is no animus possidendi, or if the possession
is merely temporary, incidental or casual, it is
harmless.
- If you found a bomb and carried it in the police
station and you were caught, you are not liable.
"Provided, Further, That the temporary, incidental, casual,
harmless, or transient possession or control of any explosive
or incendiary device for the sole purpose of surrendering it to
the proper authorities shall not be a violation of this Section.‖
SEC 3-A. Unlawful Manufacture, Sales, Acquisition,
Disposition, Importation or Possession of a Part, Ingredient,
Machinery, Tool or Instrument Used or Intended to be Used
for the Manufacture, Construction, Assembly, Delivery or
Detonation. - The penalty of reclusion perpetua shall be
imposed upon any person who shall willfully and unlawfully
manufacture, assemble, deal in, acquire, dispose, import or
possess any part, ingredient, machinery, tool or instrument of
any explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise, used or
intended to be used by that person for its manufacture,
construction, assembly, delivery or detonation, where the
explosive or incendiary device is capable or is intended to be
made capable of producing destructive effect on contiguous
objects or causing injury or death to any person.
- This if it for unlawful manufacture or sale.
- If you only possess, it is under Section 3. Penalty is
reclusion perpetua.
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
"Provided, That the mere possession of any part, ingredient,
machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of
any explosive or incendiary device, by any person whose
business activity, or employment does not lawfully deal with
the possession of such article shall be prima facie evidence
that such article is intended to be used by that person in the
unlawful/illegal manufacture, construction, assembly, delivery
or detonation of an explosive or incendiary device.‖
"Provided, however, That a temporary incidental, casual,
harmless or transient possession or control of any part,
machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of
any explosive or incendiary device, without the knowledge of
its existence or character as part, ingredient, machinery, tool
or instrument directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or
incendiary device, shall not be a violation of this Section.‖
"Provided, Further, That the temporary, incidental, casual,
harmless, or transient possession or control of any part,
ingredient, machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of
any explosive or incendiary device for the sole purpose of
surrendering it to the proper authorities shall not be a
violation of this Section.‖
"Provided, finally, That in addition to the instances provided
in the two (2) immediately preceeding paragraphs, the court
may determine the absence of the intent to possess, otherwise
referred to as 'animus possidendi', in accordance with the facts
and circumstances of each case and the application of other
pertinent laws, among other things, Articles 11 and 12 of the
Revised Penal Code, as amended."
SEC. 3-B. Penalty for the Owner, President, Manager,
Director or Other Responsible Officer of Any Public or
Private Firm, Company, Corporation or Entity. - The penalty
of reclusion perpetua shall be imposed upon the owner,
president, manager, director or other responsible officer of any
public or private firm, company, corporation or entity, who
shall willfully or knowingly allow any explosive or
incendiary device or parts thereof owned or controlled by such
firm, company, corporation or entity to be used by any person
or persons found guilty of violating the provisions of the
preceding paragraphs.
- This is the penalty for the owners and officers of the
corporation.
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50
- Who shall willfully or knowingly allow any explosive
or incendiary device or parts thereof owned or
controlled by such firm, company, corporation or
entity to be used by any person or persons found
guilty of violating the provisions of the preceding
paragraphs.
SEC. 3-C. Relationship of Other Crimes with a Violation of
this Decree and the Penalty Therefor. - When a violation of
Section 3, 3-A or 3-B of this Decree is a necessary means for
committing any of the crimes defined in the Revised Penal
Code or special laws, or is in furtherance of, incident to, in
connection with, by reason of, or on occassion of any of the
crimes defined in the Revised Penal Code or special laws, the
penalty of reclusion perpetua and a fine ranging from One
hundred Thousand pesos (P100,000.00) to One million pesos
(P1,000,000.00) shall be imposed.
- Example, you have a grenade and you used it to
threaten someone, you can be held liable for grave
threats.
- Penalty is reclusion perpetua and if the same is used
in the commission of a crime, reclusion perpetua for
possession explosive as well as the penalty of the
crime committed.
- What about if the explosice was used to kill a person?
Crime committed is murder.
SEC. 3-D. Former Conviction or Acquittal; Double Jeopardy.
- Subject to the provisions of the Rules of Court on double
jeopardy, if the application thereof is more favorable to the
accused, the conviction or acquittal of the accused or the
dismissal of the case for violation of this Decree shall be a bar
to another prosecution of the same accused for any offense
where the violation of this Decree was a necessary means for
committing the offense or in furtherance of which, incident to
which, in connection with which, by reason of which, or on
occasion of which, the violation of this Decree was committed,
and vice versa.
SEC. 4.Responsibility and liability of Law Enforcement
Agencies and Other Government Officials and Employees in
Testifying as Prosecution Witnesses.
- This is about command responsibility. This is similar
to the provision of RA 9165 pertaining to the
witnesses who refuse to appear in court or wilfully
failed to appear in court.
―Any member of law enforcement agencies or any other
government official and employee who, after due notice, fails
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
or refuses, intentionally or negligently, to appear as a witness
for the prosecution of the defense in any proceeding, involving
violations of this Decree, without any valid reason, shall be
punished with reclusion temporal and a fine of Five hundred
Thousand pesos (P500,000.00) in addition to the administrative
liability he/she may be meted out by his/her immediate
superior and/or appropriate body.‖
―The immediate superior of the member of the law enforcement
agency or any other government employee mentioned in the
preceding paragraph shall be penalized with
prisioncorreccional and a fine of not less than Ten Thousand
pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute
disqualification from public officeif despite due notice to
them and to the witness concerned, the former does not exert
reasonable effort to present the latter to the court.”
―The member of the law enforcement agency or any other
government employee mentioned in the preceding paragraphs
shall not be transferred or reassigned to any other government
office located in another territorial jurisdiction during the
pendency of the case in court.― Except of course if there is a
compelling reason.
SEC 4-A. Criminal Liability for Planting of Evidence. - Any
person who is found guilty of 'planting' any explosive or
incendiary device or any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device, whether
chemical, mechanical, electronic, electrical or otherwise, shall
suffer the penalty of reclusion perpetua.
- If it is committed by law enforcers, it is hard to prove
because they are presumed to have performed their
duties.
- The court will weigh the testimony of the enforcing
officers or testimony of the accused.
(The rest of the sections/provisions are for reading purposes.)
R.A No. 9995
Anti-Photo and Video Voyeurism Act of 2009
- This law has something to do with our right to
privacy and dignity which is one of our human rights.
Broadcast
- means to make public, by any means, a visual image
with the intent that it be viewed by a person or
persons.
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51
Capture
- with respect to an image, means to videotape,
photograph, film, record by any means, or broadcast.
Female breast
- means any portion of the female breast.
Photo or video voyeurism
- means the act of taking photo or video coverage of a
person or group of persons performing sexual act or
any similar activity or of capturing an image of the
private area of a person or persons without the
latter's consent, under circumstances in which such
person/s has/have a reasonable expectation of
privacy, or
 so it can be that it is with consent
 reasonable expectation of privacy
o meaning, you can remove your
clothes without being worried that
a picture is taken on you.
o believe that he/she could disrobe in
privacy, without being concerned
that an image or a private area of
the person was being captured; or
circumstances in which a
reasonable person would believe
that a private area of the person
would not be visible to the public,
regardless of whether that person is
in a public or private place.
- the act of selling, copying, reproducing, broadcasting,
sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar
activity through VCD/DVD, internet, cellular phones
and similar means or device without the written
consent of the person/s involved, notwithstanding
that consent to record or take photo or video
coverage of same was given by such person's.
 The case of Hayden Kho, taking the video
and uploaded it in the internet. Hayden Kho
would have been convicted under this
provision of law if this was enacted during
the time of their scandal. He was charged
under RA 9262 alleging that the video
coverage was taken without the consent of
Halili. But it was dismissed. But if this law
was enacted before, he would have been
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
liable because if a picture is shared or made
public, it does not require written consent.
"Private area of a person"
 means the naked or undergarment clad genitals,
public area, buttocks or female breast of an
individual
"Under circumstances in which a person has a reasonable
expectation of privacy"
 means believe that he/she could disrobe in
privacy, without being concerned that an image or
a private area of the person was being captured, or
 circumstances in which a reasonable person would
believe that a private area of the person would not
be visible to the public, regardless of whether that
person is in a public or private place
Q: How about in KTV bars where women dance naked
and someone took pictures or videos the same, is the one
taking the photo or the video liable?
A: No, because they are not under the circumstances
where a person has reasonable expectation of privacy.
Prohibited Acts (Section 4)
It is hereby prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or
to capture an image of the private area of a person such
as the naked or undergarment clad genitals, public
area, buttocks or female breast without the consent of
the person involved and under circumstances in which
the person has a reasonable expectation of privacy
(b) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording 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 recording of 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 or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other
similar means or device.
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52
 The prohibition under paragraphs (b), (c) and (d) shall
apply notwithstanding that consent to record or take
photo or video coverage of the same was given by such
person/s. Any person who violates this provision shall
be liable for photo or video voyeurism as defined
herein.
Penalties (Section 5)
 The penalty of imprisonment of not less that three (3)
years but not more than seven (7) years and a fine of
not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand
pesos (P500,000.00), or both, at the discretion of the
court
 If the violator is a juridical person, its license or
franchise shall be automatically be deemed revoked
and the persons liable shall be the officers thereof
including the editor and reporter in the case of print
media, and the station manager, editor and broadcaster
in the case of a broadcast media.
Exemption (Section 6)
 Nothing contained in this Act, however, shall render it
unlawful or punishable for any peace officer, who is
authorized by a written order of the court, to use the
record or any copy thereof as evidence in any civil,
criminal investigation or trial of the crime of photo or
video voyeurism.
Inadmissibility of Evidence (Section 7)
 Any record, photo or video, or copy thereof, obtained
or secured by any person without court order shall not
be admissible in evidence in any judicial, quasi-judicial,
legislative or administrative hearing or investigation
 But it may be admissible in evidence against the person
who took such photo or video
Q: What if the offender did not take any picture or video but
instead used his fertile memory, what was the crime
committed?
A: Unjust vexation or ―Rape ex parte‖ (JOKE! haha)
RA 4200
ANTI-WIRE TAPPING ACT
Acts Penalized (Very important!)
 It shall be unlawful for any person, not being
authorized by all the parties to any private
communication or spoken word, to tap any wire or
cable, or by using any other device or arrangement, to
secretly overhear, intercept, or record such
communication or spoken word by using a device
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
commonly known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder, or
however otherwise described
– ―Any person‖, including the participant of s
conversation
 It shall also be unlawful for any person, be he a
participant or not in the act or acts penalized in the next
preceding sentence
i. to knowingly possess any tape record, wire
record, disc record, or any other such record,
or copies thereof, of any communication or
spoken word in the manner prohibited by this
law; or
ii. to replay the same for any other person or
persons; or
iii. to communicate the contents thereof, either
 Provided, however, That in cases involving the offenses of
verbally or in writing, or
iv. to furnish transcriptions thereof, whether
complete or partial, to any other person
 Provided, that the use of such record or any copies
thereof as evidence in any civil, criminal investigation
or trial of offenses mentioned in section 3 hereof, shall
not be covered by this prohibition.
– The recording may be used as evidence against the
violator
Q: Is the telephone extension covered by the prohibition under
this law?
A: Gaanan vs IAC, GR. L-69809, Oct. 16, 1986
Section 4
No, because a telephone extension line is not the device or
arrangement contemplated by the law and the use of an
 Any communication or spoken word, or the existence,
extension line cannot be considered as wire-tapping. (No.
XX, MCQ, 2013 BAR)
Penalties (Sec. 2)
 Imprisonment for not less than six (6) months or more
than six (6) years and with the accessory penalty of
perpetual absolute disqualification
Section 3
iii. provoking war and disloyalty in case of war,
piracy,
iv. mutiny in the high seas, rebellion, conspiracy
and proposal to commit rebellion,
v. inciting to rebellion, sedition, conspiracy to
commit sedition,
vi. inciting to sedition,
vii. kidnapping as defined by the RPC, and
viii. violations of Commonwealth Act No. 616,
punishing espionage and
ix. other offenses against national security
– IOW, the appropriate law enforcement agencies can
wiretap any private communication of persons who
committed the above-mentioned crimes, provided
that there must be prior court order issued (by the
RTC)
rebellion, conspiracy and proposal to commit rebellion,
inciting to rebellion, sedition, conspiracy to commit
sedition, and inciting to sedition, such authority shall
be granted only upon prior proof:
(a) that a rebellion or acts of sedition, as the case
may be, have actually been or are being
committed;
(b) that there are reasonable grounds to believe
that evidence will be obtained essential to the
conviction of any person for, or to the solution
of, or to the prevention of, any of such crimes;
and
(c) that there are no other means readily available
for obtaining such evidence
contents, substance, purport, effect, or meaning of the
same or any part thereof, or any information therein
contained obtained or secured by any person in
violation of the preceding sections of this Act shall not
be admissible in evidence in any judicial, quasi-judicial,
legislative or administrative hearing or investigation.

 Nothing contained in this Act, however, shall render it

unlawful or punishable for any peace officer, who is
authorized by a written order of the Court, to execute
any of the acts declared to be unlawful in the two
preceding sections in cases involving the crimes of:
i. treason,
ii. espionage,

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 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
August 24, 2016 of political offense doctrine the court should not automatically
Review dismiss the case. It should conduct trial to determination
whether the killings were actually committed in furtherance of
PD 1866 rebellion.

- Mentioned the crime of rebellion – common crimes are
absorbed in rebellion include violation of PD 1866
- To be absorbed, the common crimes must have been
committed in furtherance of rebellion
EX: When a person who is a rebel kills another person in
furtherance of rebellion, then the crime committed is not
murder or homicide but rebellion.
POLITICAL OFFENSE DOCTRINE
Under the political offense doctrine, "common crimes,
perpetrated in furtherance of a political offense, are divested of
their character as "common" offenses and assume the political
complexion of the main crime of which they are mere
ingredients, and, consequently, cannot be punished separately
from the principal offense, or complexed with the same, to
justify the imposition of a graver penalty."
If it appears at any time before judgment that a mistake has
been made in charging the proper offense, the court shall
dismiss the original complaint or information upon the filing
of a new one charging the proper offense in accordance with
Section 19, Rule 119, provided the accused shall not be placed
in double jeopardy. (Ocampo v. Abando, GR 176830, 185587,
185636, 190005, February 11, 2014, 726 PHIL 441-497)
IOW the court will not immediately dismiss the case if the
accused would raise the political offense doctrine but further
the court should conduct trial or the prosecution to present
evidence to determine whether the killings were committed in
furtherance of rebellion. If the court finds that indeed the
killings were committed in furtherance of rebellion, it will
order the dismissal of the case upon only when the proper
information charging the appropriate offense is filed.

REPUBLIC ACT NO. 8049

AN ACT REGULATING HAZING AND OTHER FORMS

THE POLITICAL OFFENSE DOCTRINE IS NOT A GROUND
OF INITIATION RITES IN FRATERNITIES, SORORITIES,
TO DISMISS THE CHARGE AGAINST PETITIONERS PRIOR
AND ORGANIZATIONS AND PROVIDING PENALTIES
TO A DETERMINATION BY THE TRIAL COURT THAT THE
THEREFOR (Anti-Hazing Law, REPUBLIC ACT NO. 8049,
MURDERS WERE COMMITTED IN FURTHERANCE OF
[June 7, 1995])
REBELLION
SECTION 1. Hazing as used in this Act is an initiation rite or
Any ordinary act assumes a different nature by being absorbed
practice as a prerequisite for admission into membership in a
in the crime of rebellion. Thus, when a killing is committed in
fraternity, sorority or organization by placing the recruit neophyte or
furtherance of rebellion, the killing is not homicide or murder.
applicant in some embarrassing or humiliating situations such as
Rather, the killing assumes the political complexion of
forcing him to do menial, silly, foolish and similar tasks or activities
rebellion as its mere ingredient and must be prosecuted and
or otherwise subjecting him to physical or psychological suffering or
punished as rebellion alone.
injury.
However, this is not to say that public prosecutors are obliged
The term organization shall include any club or the Armed Forces
to consistently charge respondents with simple rebellion
of the Philippines, Philippine National Police, Philippine Military
instead of common crimes. No one disputes the well-
Academy, or officer and cadet corp of the Citizen's Military
entrenched principle in criminal procedure that the institution
Training, or Citizen's Army Training. The physical, mental and
of criminal charges, including whom and what to charge, is
psychological testing and training procedure and practices to
addressed to the sound discretion of the public prosecutor. determine and enhance the physical, mental and psychological fitness
of prospective regular members of the Armed Forces of the
But when the political offense doctrine is asserted as a defense
Philippines and the Philippine National Police as approved by the
in the trial court, it becomes crucial for the court to determine
Secretary of National Defense and the National Police Commission
whether the act of killing was done in furtherance of a political
duly recommended by the Chief of Staff, Armed Forces of the
end, and for the political motive of the act to be conclusively
Philippines and the Director General of the Philippine National
demonstrated.
Police shall not be considered as hazing for the purpose of this Act.
IOW an accused charged with murder would raise the defense
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 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
- Villareal v. People, GR 151258, December 1, 2014: case which who ACTUALLY PARTICIPATED in the infliction of
triggered the enactment of the law physical harm shall be liable as PRINCIPALS. The
- Hazing is not illegal per se. This law does not prohibit person or persons who participated in the hazing
hazing, what is prohibited is hazing which is done by shall suffer:
inflicting physical violence or injury but hazing which is
done without causing any injury or any physical injury to 1. RECLUSION PERPETUA (LIFE IMPRISONMENT) if
the recruit neophyte or applicant is not prohibited.
EX: If military personnel would create on his own anything a. death,
which involves physical, mental or psychological testing to b. rape,
c. sodomy or
a recruit then that is considered hazing.
d. mutilation results there from.
SECTION 2. No hazing or initiation rites in any form or manner by
- They will not be charged anymore under the
a fraternity, sorority or organization shall be allowed without prior RPC, but here.
written notice to the school authorities or head of organization seven
(7) days before the conduct of such initiation. The written notice - Those responsible for Villa were just convicted of
shall indicate the period of the initiation activities which shall not Reckless Imprudence resulting in Homicide
exceed three (3) days, shall include the names of those to be subjected because this law wasn‘t enacted that time yet.
to such activities, and shall further contain an undertaking that no
physical violence be employed by anybody during such initiation 2. RECLUSION TEMPORAL IN ITS MAXIMUM PERIOD
rites.
(17 years, 4 months and 1 day to 20 years) if in consequence of the
hazing the victim shall become
- This law does not completely prohibit hazing. This law
merely regulates hazing. As a form of regulation, one way a. insane,
to regulate hazing is that the group or the fraternity who is b. imbecile,
going to conduct an initiation of rites is required to notify c. impotent or
the school or the head of the organization 7 days before the d. blind.
conduct of such initiation and the school authorities must
see to it that no physical violence should be employed. - Under the RPC, this is characterized as serious
- Does not provide for a penalty for the non-compliance. physical injuries and the penalty is Prision
Mayor, but here it is reclusion temporal in its
maximum period. So the penalty here is higher.
SECTION 3. The head of the school or organization or their
representatives must assign at least two (2) representatives of 3. RECLUSION TEMPORAL IN ITS MEDIUM PERIOD
the school or organization as the case may be, to be present during
the initiation. It is the duty of such representative to see to it that no (14 years, 8 months and one day to 17 years and 4 months)
physical harm of any kind shall be inflicted upon a recruit, neophyte
- if in consequence of the hazing the victim shall have
or applicant.
 lost the use of speech or
- The head of the organization or school or representatives is  the power to hear or to smell, or
told to promise that no physical violence would occur.  shall have lost an eye, a hand, a foot, an arm or a leg
Other than his promise, must assign at least 2 or
representatives present be during the initiation rite to see to  shall have lost the use of any such member shall have
it that no physical harm shall be inflicted on the recruit or become incapacitated for the activity or work in
applicant. which he was habitually engaged.

Section 4. PENALTIES - Under the RPC this is also Serious Physical Injuries,
but the penalty here is also higher.
If the person subjected to hazing or other forms of initiation
rites suffers any physical injury or dies as a result thereof, the 4. RECLUSION TEMPORAL IN ITS MINIMUM PERIOD

 officers and (12 years and one day to 14 years and 8 months)
 members of the fraternity, sorority or organization
 if in consequence of the hazing the victim shall
become:

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 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
 deformed or
 shall have lost any other part of his body, or
 shall have lost the use thereof, or
 shall have been ill or incapacitated for the
performance on the activity or work in which he was
habitually engaged for a period of more than ninety
(90) days.
5. PRISON MAYOR IN ITS MAXIMUM PERIOD
(10 years and one day to 12 years)
 if in consequence of the hazing the victim shall have
been ill or incapacitated for the performance on the
activity or work in which he was habitually engaged
for a period of more than thirty (30) days.
6. PRISON MAYOR IN ITS MEDIUM PERIOD
(8 years and one day to 10 years)
 if the injury is less serious.
7. PENALTY OF PRISON MAYOR IN ITS MINIMUM
PERIOD
(6 years and one day to 8 years)
 if the injury would require medical attendance of one
(1) to nine (9) days.
 This is 2 degrees higher than that in the RPC.
NOTE: The responsible officials of the school or of the police,
military or citizen's army training organization, may impose
the appropriate administrative sanctions on the person or the
persons charged under this provision even before their
conviction.
 They can thus be subjected to expulsion.
AGGRAVATING CIRCUMSTANCES:
(a) when the recruitment is accompanied by force,
violence, threat, intimidation or deceit on the person
of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially
consents to join but upon learning that hazing will be
committed on his person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having
undergone hazing is prevented from reporting the
unlawful act to his parents or guardians, to the proper
school authorities, or to the police authorities,
through force, violence, threat or intimidation;
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(d) when the hazing is committed outside of the school or
institution; or
(e) when the victim is below twelve (12) years of age at
the time of the hazing.
NOTE:
 The owner of the place where hazing is conducted shall be
liable as an ACCOMPLICE, provided that
1. he has actual knowledge of the hazing conducted
therein but
2. failed to take any action to prevent the same from
occurring.
 If you are the owner of the beach house which was
rented by the fraternity for example, you have to
immediately take action upon learning that hazing is
about to or is being conducted in the said beach
house.
 If the hazing is held in the home of one of the officers or
members of the fraternity, group, or organization, the
parents shall be held liable as PRINCIPALS
1. when they have actual knowledge of the hazing
conducted therein but
2. failed to take any action to prevent the same from
occurring.
 The school authorities including faculty members
1. who consent to the hazing or
2. who have actual knowledge thereof,
3. but failed to take any action to prevent the same from
occurring
- shall be punished as ACCOMPLICES for the acts of
hazing committed by the perpetrators.
Take Note: the mere fact that you have knowledge of
the commission of the crime does not make you liable,
much less as a principal, except only for misprision of
treason.
- The fact that you failed to prevent the commission of
a crime doesn‘t make you liable for any crime under
the RPC but it is different here, because mere
knowledge and failure to prevent hazing can make
you liable either as a principal or an accomplice.
 The officers, former officers, or alumni of the
organization, group, fraternity or sorority
- who actually planned the hazing although not
present when the acts constituting the hazing were
committed shall be liable as PRINCIPALS.
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
- If you joined in the planning but you weren‘t present
in the actual hazing because it‘s midterms, you are
still liable as a principal.
 A fraternity or sorority's adviser
- who is present when the acts constituting the hazing
were committed and failed to take action to prevent
the same from occurring shall be liable as
PRINCIPAL.
The presence of any person during the hazing is prima facie
evidence of participation therein as principal unless he
prevented the commission of the acts punishable herein.
- Note that under the RPC, mere presence in the crime
scene will not make you liable unless you perform
any act in furtherance of the commission of the crime.
- But here in hazing, mere presence is a prima facie
evidence of participation.
Any person charged under this provision shall NOT BE
ENTITLED TO THE MITIGATING CIRCUMSTANCE
THAT THERE WAS NO INTENTION TO COMMIT SO
GRAVE A WRONG.
Note: This section shall apply to the president, manager,
director or other responsible officer of a corporation engaged
in hazing as a requirement for employment in the manner
provided herein.
To summarize (Pp. vs Dungo GR No. 209464, July 1, 2015):
The following shall be liable as PRINCIPALS:
1. The actual participants in the hazing
- the presence of any person during the hazing is prima
facie evidence of actual participation, unless he
prevented the commission of the acts punishable
herein
2. The officers, former officers, or alumni of the
organization, group, fraternity or sorority who
actually planned the hazing
- Although these planners were not present during the
hazing.
3. The officers or members of an organization group,
fraternity or sorority who induced the victim to be
present thereat
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4. The fraternity or sorority's adviser who was present
when the acts constituting hazing were committed,
and failed to take action to prevent them from
occurring.
5. The parents of the officers or members of the
fraternity, group, or organization, who owns the
house where the hazing was conducted and failed to
take action to prevent the hazing.
The following shall be liable as ACCOMPLICE:
1. The school authorities, including faculty members,
who consented to the hazing or who have actual
knowledge thereof, but failed to take any action to
prevent the same;
2. The owner of the place where the hazing was
conducted can also be an accomplice to the crime,
when he has actual knowledge of the hazing
conducted therein and he failed to take any steps to
stop the same.
RA. 6539 AN ACT PREVENTING AND PENALIZING
CARNAPPING
- The anti- carnapping act was enacted in order to
remedy the discrepancy created by the RPC. Because
carnapping is actually theft or robbery of motor
vehicle.
Discrepancy in the RPC:
First scenario:
Let‘s say you stole a parked car. The car is worth
1Million, the crime there is qualified theft because it‘s
a motor vehicle and so the penalty is Reclusion
Perpetua.
Second scenario:
Suppose there‘s a driver inside playing pokemon.
You knocked and told him ―get out from the car this
is carnap!‖ What is the crime there? Ans. Simple
Robbery and the penalty is Prision mayor.
- Note that in the 1st scenario, the penalty is higher
than the robbery mentioned in the 2nd scenario,
notwithstanding the fact that in the 2nd scenario,
the victim was present.
- This is the purpose of the anti- carnapping act- in
order to remedy the discrepancy in the penalties
under the RPC.
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CARNAPPING" is the taking, with intent to gain, of a motor
vehicle belonging to another without the latter's consent, or by
means of violence against or intimidation of persons, or by
using force upon things.
"MOTOR VEHICLE" is any vehicle propelled by any power
other than muscular power using the public highways, but
excepting road rollers, trolley cars, street-sweepers, sprinklers,
lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks,
and cranes if not used on public highways, vehicles, which run
only on rails or tracks, and tractors, trailers and traction
engines of all kinds used exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled or
intended to be propelled by attachment to a motor vehicle,
shall be classified as separate motor vehicle with no power
rating.
- Bill dozers are equipments, not motor vehicles.
- Qualified theft and Robbery still applies.
- What can be covered by Carnapping are those not
falling within the exceptions.
Sec.7 - Refers to the duty of the collector of customs to report
the arrival of imported motor vehicle
Sec.8 -Refers to the duty of importers/sellers/distributors of
motor vehicles to keep record of stocks
Sec.10 - any person who shall undertake to assemble or rebuild
or cause the assembling or rebuilding a motor vehicle shall
first secure certificate of clearance from PNP
Sec. 11 – clearance for shipment of motor vehicles
Sec. 14 (To supply the discrepancy in the RPC as to provisions
under theft/robbery)
Simple Carnapping - Any person who is found guilty of
carnapping, irrespective of the value of motor vehicle taken, be
punished by imprisonment for not less than 14yrs and 8mo.
and not more than 17yrs and 4mo., when the carnapping is
committed without violence or intimidation of persons, or
force upon things;
Carnapping with violence - and by imprisonment for not less
than 17yrs and 4mo. and not more than 30yrs, when the
carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the
penalty of life imprisonment to death shall be imposed when
the owner, driver or occupant of the carnapped motor vehicle
is killed in the commission of the carnapping.
Qualified carnapping/ carnapping in its aggravated form -
When in the course of carnapping or in the occasion thereof,
the owner/driver/occupant of the carnapped vehicle is killed
or raped;
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-as long as the main purpose is to carnap; if the main purpose
is to kill and thereafter the motor vehicle is taken away, 2
crimes are committed, either murder/homicide and
carnapping.
-supposed what was killed is not the driver/occupant, wherein
after taking the vehicle, the carnapper drove the car at a high
speed due to pursuit from policemen, and in the course of the
pursuit, the carnapper ran over a pedestrian, what
crime/crimes are committed? Carnapping and reckless
imprudence resulting in homicide, Why not qualified
carnapping? To be held liable for such, it is necessary that the
person being killed in the commission of carnapping should be
the owner/driver/occupant of the motor vehicle. (People
vsParamil GR. No. 128056 March 31 2000; People vsSirad GR.
no.130594)
-People vsNucom et.al Gr. No. 1791041 April 1 2013; accused
here took away a taxi together with the driver, but later on the
driver was just found dead and one of the carnappers turned
into a state witness and his co-accused was charged and
convicted of the crime of carnapping with homicide. Now take
note, it was mentioned by the SC that there‘s no such crime of
carnapping with homicide, but in this 2013 case, SC affirmed
such ruling of the trial court.
-In boundary system, which is the practice of operators of
public utilities, the crime committed of the driver if he fails to
return the vehicle he is driving is qualified theft, because
although the driver is required to pay a fixed amount for the
use of the car, but according to the SC there is no transfer of
juridical possession but merely physical possession; juridical
transfer is prohibited by law. Such possession of the driver is
an extension of the possession of the owner. It doesn‘t mean
that it is not estafa, because it would be different if the vehicle
is private, then in that case there is estafa, say for example
those in rent a car; what we are talking about here is the failure
to return of a public utility vehicle. (People vsBustenera GR.
No. 148233 June 8 2004)
-carnapping is committed even if the one driving the motor
vehicle is not the owner but an authorized driver. It is enough
that the motor vehicle belongs to another.
-it is necessary under this law that the original intent is
carnapping, otherwise there would be 2 crimes committed.
-what if the owner/driver/occupant is not killed? Then the
crime is carnapping with violence, not carnapping with
frustrated homicide.
R.A. 9745 ANTI-TORTURE ACT
Torture – elements
a.refers to an act by which severe pain or suffering, whether
physical/mental, is intentionally inflicted on a person;
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b.for purposes of obtaining from him/her or 3rd persons
information or confession, or punishing him/her for an act
he/she has committed or is suspected of having committed; or
intimidating or coercing him/her or discrimination of any
kind.
c. when such pain/suffering is inflicted by or at the instigation
of or with the consent of acquiescence of a person in authority
or agent of a person in authority.
-this law could only be violated if the torture is done by a
PA/APA or upon his inducement
-purpose of this law is to value the dignity of a human person
and guarantee full respect for human rights
other cruel/inhuman degrading treatment or punishment -
now there refers to a deliberate or aggravating treatment or
punishment which are not covered under sec. 4 of this act;
inflicted by PA/APA
order of battle – refers to any document or determination
made by military/police/any law enforcement agency of the
govt. listing the names of persons/orgs that perceives to be
enemies of the state, and considered as targets as combatants
that it could deal with thru the use of means allowed by intl.
law.
August 26, 2016
Continuation on Anti-Torture Act
The people who sponsored this law were victims of torture,
and experienced these acts. Usually these happened during
Martial Law.
d) "Order of Battle" refers to any document or determination
made by the military, police or any law enforcement agency of
the government, listing the names of persons and
organizations that it perceives to be enemies of the State and
that it considers as legitimate targets as combatants that it
could deal with, through the use of means allowed by
domestic and international law.
 the list of enemies of the government - leaders of NPA
Section 4.Acts of Torture. - For purposes of this Act, torture
shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes severe
pain, exhaustion, disability or dysfunction of one or more parts
of the body, such as:
(1) Systematic beating, headbanging, punching, kicking,
striking with truncheon or rifle butt or other similar objects,
and jumping on the stomach;
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(2) Food deprivation or forcible feeding with spoiled food,
animal or human excreta and other stuff or substances not
normally eaten;
(3) Electric shock; - to extract information, and to punish
(4) 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);
(5) The submersion of the head in water or water polluted
with excrement, urine, vomit and/or blood until the brink of
suffocation;
(6) Being tied or forced to assume fixed and stressful bodily
position;
(7) Rape and sexual abuse, including the insertion of foreign
objects into the sex organ or rectum, or electrical torture of
the genitals;
(8) Mutilation or amputation of the essential parts of the
body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and
extreme cold;
(12) The use of plastic bag and other materials placed over
the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception,
memory. alertness or will of a person, such as:
(i) The administration or drugs to induce confession
and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain
symptoms of a disease; and
(14) Other analogous acts of physical torture; and
 these could be combinations, not necessarily separate
acts.
(b) "Mental/Psychological Torture" refers to 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:
(1) Blindfolding;
 this could be combined with physical torture. Like
covered eyes and then punching you so that you do
not know who's punching you
(2) Threatening a person(s) or his/her relative(s) with bodily
harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
 you will be investigated for a long time by different
people
(5) Preparing a prisoner for a "show trial", public display or
public humiliation of a detainee or prisoner;
 like what is going on somewhere in Batangas - they
make the criminals go on a parade where people can
see them. That can be mental torture
(6) Causing unscheduled transfer of a person deprived of
liberty from one place to another, creating the belief that
he/she shall be summarily executed;
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(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the
person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked,
parading him/her in public places, shaving the victim's head
or putting marks on his/her body against his/her will;
 same as the one in Batangas
(11) Deliberately prohibiting the victim to communicate with
any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5.Other Cruel, Inhuman and Degrading Treatment or
Punishment. - Other cruel, inhuman or degrading treatment or
punishment refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a person in
authority against another person in custody, which attains a
level of severity sufficient to cause suffering, gross humiliation
or debasement to the latter. The assessment of the level of
severity shall depend on all the circumstances of the case,
including the duration of the treatment or punishment, its
physical and mental effects and, in some cases, the sex,
religion, age and state of health of the victim.
Freedom from Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment
– Torture and other cruel, inhuman and degrading
treatment or punishment as criminal acts shall apply to
all circumstances. A state of war or a threat of war,
internal political instability, or any other public
emergency, or a document or any determination
comprising an "order of battle" shall not and can never
be invoked as a justification for torture and other cruel,
inhuman and degrading treatment or punishment.
– So, no infliction of torture – either mental of physical
Prohibited Detention
– Secret detention places, solitary confinement,
incommunicado or other similar forms of detention,
where torture may be carried out with impunity are
hereby prohibited.
– In which case, (PNP), (AFP) and other law enforcement.
agencies concerned shall make an updated list of all
detention centers and facilities under their respective
jurisdictions with the corresponding data on the
prisoners or detainees incarcerated or detained therein
such as, among others, names, date of arrest and
incarceration, and the crime or offense committed.
– This list shall be made available to the public at all
times, with a copy of the complete list available at the
respective national headquarters of the PNP and AFP.
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Exclusionary Rule; Exception
– Any confession, admission or statement obtained as a
result of torture shall be inadmissible in evidence in any
proceedings, EXCEPT if the same is used as evidence
against a person or persons accused of committing
torture.
– It is covered by the so-called exclusionary rule.
Who are Criminally Liable?
Principal
(a) Any person who actually participated Or induced
another in the commission of torture or other cruel,
inhuman and degrading treatment or punishment
or 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
(b) 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.
(c) The immediate commanding officer of the unit
concerned of the AFP or the immediate senior
public official of the PNP and other law
enforcement agencies shall be held liable as a
principal to the crime of torture or other cruel or
inhuman and degrading treatment or punishment
for any act or omission, or negligence committed
by him/her that shall have led, assisted, abetted or
allowed, whether directly or indirectly, the
commission thereof by his/her subordinates. If
he/she has knowledge of or, owing to the
circumstances at the time, should have known that
acts of torture or other cruel, inhuman and
degrading treatment or punishment shall be
committed, is being committed, or has been
committed by his/her subordinates or by others
within his/her area of responsibility and, despite
such knowledge, did not take preventive or
corrective action either before, during or
immediately after its commission, when he/she
has the authority to prevent or investigate
allegations of torture or other cruel, inhuman and
degrading treatment or punishment but failed to
prevent or investigate allegations of such act,
whether deliberately or due to negligence shall also
be liable as principals.
Accessory
– Any public officer or employee shall be liable as an
accessory if he/she has knowledge that torture or
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other cruel, inhuman and degrading treatment or
punishment is being committed and without
having participated therein, either as principal or
accomplice, takes part subsequent to its
commission in any of the following manner:
(a) By themselves profiting from or assisting the
offender to profit from the effects of the act of
torture or other cruel, inhuman and degrading
treatment or punishment;
(b) By concealing the act of torture or other cruel,
inhuman and degrading treatment or
punishment and/or destroying the effects or
instruments thereof in order to prevent its
discovery; or
(c) By harboring, concealing or assisting m the
escape of the principal/s in the act of torture
or other cruel, inhuman and degrading
treatment or punishment:
Provided, That the accessory acts are done with
the abuse of the official's public functions.
Penalties
(A) The penalty of RECLUSION PERPETUA shall be
imposed upon the perpetrators of the following acts:
1. Torture resulting in the death of any person;
2. Torture resulting in mutilation;
3. Torture with rape;
4. Torture with other forms of sexual abuse and, in
consequence of torture, the victim shall have
become insane, imbecile, impotent, blind or
maimed for life; and
5. Torture committed against children.
(B) The penalty of RECLUSION TEMPORAL shall be
imposed on those who commit any act of
mental/psychological torture resulting in insanity,
complete or partial amnesia, fear of becoming insane or
suicidal tendencies of the victim due to guilt,
worthlessness or shame.
(C) The penalty of PRISION CORRECCIONAL shall be
imposed on those who commit any act of torture resulting
in psychological, mental and emotional harm other than
those described 1n paragraph (b) of this section. '
(D) The penalty of PRISION MAYOR IN ITS MEDIUM
AND MAXIMUM PERIODS shall be imposed if, in
consequence of torture, the victim shall have lost the power
of speech or the power to hear or to smell; or shall have lost
an eye, a hand, a foot, an arm or a leg; or shall have lost the
use of any such member; Or shall have become permanently
incapacitated for labor.
(E) The penalty of PRISION MAYOR IN ITS
MINIMUM AND MEDIUM PERIODS shall be imposed if,
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in consequence of torture, the victim shall have become
deformed or shall have lost any part of his/her body other
than those aforecited, or shall have lost the use thereof, or
shall have been ill or incapacitated for labor for a period of
more than ninety (90) days.
(F) The penalty of PRISION CORRECCIONAL IN ITS
MAXIMUM PERIOD TO PRISION MAYOR IN ITS
MINIMUM PERIOD shall be imposed if, in consequence of
torture, the victim shall have been ill or incapacitated for
labor for mare than thirty (30) days but not more than
ninety (90) days.
(G) The penalty of PRISION CORRECCIONAL IN ITS
MINIMUM AND MEDIUM PERIOD shall be imposed if, in
consequence of torture, the victim shall have been ill or
incapacitated for labor for thirty (30) days or less.
(H) The penalty of ARRESTO MAYOR shall be imposed
for acts constituting cruel, inhuman or degrading treatment
or punishment as defined in Section 5 of this Act.
(I) The penalty of PRISION CORRECCIONAL shall be
imposed upon those who establish, operate and maintain
secret detention places and/or effect or cause to effect
solitary confinement, incommunicado or other similar forms
of prohibited detention as provided in Section 7 of this Act
where torture may be carried out with impunity.
(J) The penalty of ARRESTO MAYOR shall be imposed
upon the responsible officers or personnel of the AFP, the
PNP and other law enforcement agencies for failure to
perform his/her duty to maintain, submit or make available
to the public an updated list of detention centers and
facilities with the corresponding data on the prisoners or
detainees incarcerated or detained therein, pursuant to
Section 7 of this Act.
What is the basis of this law?
(d) To fully adhere to the principles and standards on the
absolute condemnation and prohibition of torture as
provided for in the 1987 Philippine Constitution; various
international instruments to which the Philippines is a
State party such as, but not limited to, the International
Covenant on Civil and Political Rights (ICCPR), the
Convention on the Rights of the Child (CRC), the
Convention on the Elimination of All Forms of
Discrimination Against Women (CEDA W) and the
Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT); and all
other relevant international human rights instruments to
which the Philippines is a signatory.
Torture as a Separate and Independent Crime
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– Torture as a crime SHALL NOT ABSORB OR SHALL
NOT BE ABSORBED by any other crime or felony
committed as a consequence, or as a means in the
conduct or commission thereof. In which case, torture
shall be treated as a SEPARATE AND INDEPENDENT
CRIMINAL ACT whose penalties shall be imposable
without prejudice to any other criminal liability
provided for by domestic and international laws.
Exclusion from the Coverage of Special Amnesty Law
– In order not to depreciate the crime of torture, persons
who have committed any act of torture shall not benefit
from any special amnesty law or similar measures that
will have the effect of exempting them from any
criminal proceedings and sanctions.
Applicability of the RPC
– The provisions of the RPC insofar as they are applicable
shall be SUPPLETORY to this Act. Moreover, if the
commission of any crime punishable under Title Eight
(Crimes Against Persons) and Title Nine (Crimes Against
Personal Liberty and Security) of the RPC is attended by
any of the acts constituting torture and other cruel,
inhuman and degrading treatment or punishment as
defined herein, the penalty to be imposed shall be in its
MAXIMUM PERIOD..
– Ordinary Mitigating Circumstances cannot offset. Only
Privileged Mitigating Circumstances
Republic Act No. 9775 - Anti-Child Pornography Act of 2009
Child
- refers to a person below eighteen (18) years of age or
over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or
mental disability or condition.
- Same definition in Child Abuse Act and RA 9262
- In RA 9344 – The definition of the child is limited to below
18 years old
- For the purpose of this Act, a child shall also refer
to:(expanded definition)
1. a person regardless of age who is
presented, depicted or portrayed as a child
as defined herein; and
- This is what we call portray child.
2. computer-generated, digitally or manually
crafted images or graphics of a person who
is represented or who is made to appear to
be a child as defined herein.
- This is what we call virtual child.
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- Ex: ―Sweetie‖ the computer-generated
child.
Child pornography
- refers to any representation, whether visual, audio, or
written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any other
means, of child engaged or involved in real or
simulated explicit sexual activities.
- This is a form of child abuse.
- The offender may be charged under this law or under
RA 7610.
- It may also constitute Anti-Trafficking of Persons Act.
- Example, if the one you used in pornography is a
victim of trafficking, the offender may be charged
under RA 9208, Qualified Trafficking if the victim if a
child.
- There is a new law called Cybercrime Law. The
penalty in child pornography, as long as it is done
through the internet, is higher. For instance, you pot a
naked child in facebook, that is a violation of
Cybercrime Law, RA 10175.
- However, the Anti-Cyber Crime Act provides for a
higher penalty, higher than RA 9775.
- Disini et al v DOJ, GR no. 203335, Feb 18, 2014
(TAKE NOTE!)
 According to the SC, when the accused is
charged with child pornography after RA
10175 (Anti-Cybercrime Law), he could no
longer be charged under RA 9775 (Anti-
Child Pornography). Only one crime. SC
said that Anti-Cybercrime Law merely
expands the coverage of the Anti-Child
Pornography Act of 2009 or RA 9775 so as to
include identical activities in cyberspace.
Charging the offender under both law
would constitute a violation of the right of
the accused against double jeopardy.
 In this case, SC said that the same rule will
apply in the crime of libel.
 Example, if libel is committed through the
internet, the penalty is higher, prision mayor. But
if the offender is charged for cyber libel or libel
under the Anti-Cybercrime Act, the offender
could no longer be charged under the RPC
because of the right of the accused against double
jeopardy. Because according to SC, the
cybercrime law merely establishes the computer
system as another means of publication.
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 So if someone posts about you in facebook which
is defamatory, you want a higher penalty, charge
him under RA 10174, if done in the internet.
 Remember: The penalty for cyberlibel is not
probationable.
Explicit Sexual Activity
- includes actual or simulated –
1. As to form:
 sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to
genital, anal to genital, or oral to anal,
whether between persons of the same or
opposite sex;
2. bestiality;
 sexual contact between animal and
human being
3. masturbation;
4. sadistic or masochistic abuse;
5. lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or anus; or
6. use of any object or instrument for lascivious
acts
 example: sexual gadgets
- Take note: The victim must be a child, either boy or
girl. This law does not apply to adult pornography.
Adult pornography is punishable under the RPC. But
take not also that if one of the participants is a victim
of trafficking, RA 9208 will apply.
Grooming
- the act of preparing (or motivating) a child or
someone who the offender believes to be a child for
sexual activity or sexual relationship
- bycommunicating any form of child pornography.
- It includes online enticement or enticement through
any other means.
- You motivate the child that it is fine to do some acts
so that you can convince such child to perform such
pornographic acts.
Luring
- the act of communicating, by means of a computer
system, with a child or someone who the offender
believes to be a child for the purpose of facilitating the
commission of sexual activity or production of any
form of child pornography.
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- Example: 50 year old adult, he pretended to be 15
year old boy and he entered into a relationship with a
15 year old girl. He deceived the child that he is 15
years old and induced her to perform pornographic
acts in front of the webcam or camera.
Pandering
- the act of offering, advertising, promoting,
representing or distributing through any means any
material or purported material that is intended to
cause another to believe that the material or
purported material contains any form of child
pornography, regardless of the actual content of the
material or purported material.
Sec. 4. Unlawful or Prohibited Acts. - It shall be unlawful for
any person:
(a) To hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of
any form of child pornography;
(b) To produce, direct, manufacture or create any form
of child pornography;
(c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import any
form of child pornography;
o Selling of CDs and DVDs relating to child
pornography even if you were not the one
taping it
o Sharing through cellphone of child
pornography is included
(d) To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast:
Provided. That possession of three (3) or more
articles of child pornography of the same form
shall be prima facie evidence of the intent to sell,
distribute, publish or broadcast;
o If it is for personal consumption, you are still
liable under letter (l)
(e) To knowingly, willfully and intentionally provide
a venue for the commission of prohibited acts as,
but not limited to, dens, private rooms, cubicles,
cinemas, houses or in establishments purporting to
be a legitimate business;
(f) For film distributors, theatres and
telecommunication companies, by themselves or in
cooperation with other entities, to distribute any
form of child pornography;
(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
form of child pornography;
o Similar in the case in Cordova
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child
pornography;
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(j) To wilfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts
stated in this section. Conspiracy to commit any
form of child pornography shall be committed
when two (2) or more persons come to an
agreement concerning the commission of any of
the said prohibited acts and decide to commit it;
and
o Mere conspiracy is punishable. It is a crime
under this law
(l) To possess any form of child pornography.
Sec. 5. Syndicated Child Pornography - The crime of child
pornography is deemed committed by a syndicate if carried
out by a group of three (3) or more persons conspiring or
confederating with one another and shall be punished under
Sec. 15(a) of this Act.
- Refers to the number of offenders
Sec. 6. Who May File a Complaint. - Complaints on cases of
any form of child pornography and other offenses
punishable under this Act may be filed by the following:
(a) Offended party;
o If too young then the parents will file the
case then;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third
degree of consanguinity;
(d) Officer, social worker or representative of a licensed
child-caring institution;
(f) Officer or social worker of the Department of Social
Welfare and Development (DSWD);
(g) Local social welfare development officer;
(h) Barangay chairman;
(i) Any law enforcement officer;
(j) At least three (3) concerned responsible citizens
residing in the place where the violation occurred;
(k) Any person who has personal knowledge of the
circumstances of the commission of any offense
under this Act.
- If no other person will act
Sec. 8. Jurisdiction.
- Family Court has jurisdiction over Child
Pornography cases
Section 9. Duties of an Internet Service Provider (ISP). - All
internet service providers (ISPs) shall notify the Philippine
National Police (PNP) or the National Bureau of
Investigation (NBI) within seven (7) days from obtaining
facts and circumstances that any form of child pornography
is being committed using its server or facility. Nothing in
this section may be construed to require an ISP to engage in
the monitoring of any user, subscriber or customer, or the
content of any communication of any such person.
Sec. 10. Responsibility of Mall Owners/Operators and
Owners or Lessors of Other Business Establishments. - All
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mall owners/operators and owners or lessors of other
business establishments shall notify the PNP or the NBI
within seven (7) days from obtaining facts and circumstances
that child pornography is being committed in their premises.
Provided, That public display of any form of child
pornography within their premises is a conclusive
presumption of the knowledge of the mall owners/operators
and owners or lessors of other business establishments of the
violation of this Act: Provided, further, That a disputable
presumption of knowledge by mall owners/operators and
owners or lessors of other business establishments should
know or reasonably know that a violation of this Act is being
committed in their premises.
Photo developers, information technology professionals,
credit card companies and banks and any person who has
direct knowledge of any form of child pornography activities
shall have the duty to report any suspected child
pornography materials or transactions to the proper
authorities within seven (7) days from discovery thereof.
Any wilful and intentional violation of this provision shall
be subject to the penalty provided under Sec. 15(l) of this
Act.
- Mere knowledge/acquiescence/ approval of the
commission of Child Pornography will make you
liable if they fail to report the same to the PNP or NBI
- If the Pornographic materials are publicly displayed
then the evidence of knowledge are conclusive.
- If there is no public display of the pornographic
materials then it is later on found out that it is sold,
there will be a disputable presumption of knowledge
- Failure to report will make you liable Section 15 (l)
- If you are repairing a laptop and find that there are
pornographic materials in the files, you have the duty
to report the same to the authorities. Failure to report
will make you liable under this law.
Sec. 13. Confidentiality. - The right to privacy of the child
shall be ensured at any stage of the investigation,
prosecution and trial of an offense under this Act. Towards
this end, the following rules shall be observed:
- The trial will not be open to the public. Closed door
trial.
Penalties are NOT included in the exam but is for knowledge
purposes. If interested refer to Section 15 of this law.
Sec. 16. Common Penal Provisions. -
(a) If the offender is a parent, ascendant, guardian, step-
parent or collateral relative within the third degree of
consanguinity or affinity or any person having control or
moral ascendancy over the child, the penalty provided herein
shall be in its maximum duration; Provided, That this
provision shall not apply to Sec. 4(g) of this Act;
(b) If the offender is a juridical person, the penalty shall be
imposed upon the owner, manager, partner, member of the
board of directors and/or any responsible officer who
participated in the commission of the crime or shall have
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As discussed by Judge D
knowingly permitted or failed to prevent its commissions;
(c) If the offender is a foreigner, he/she shall be immediately
deported after the complete service of his/her sentence and
shall forever be barred from entering the country; and
(d) The penalty provided for in this Act shall be imposed in
its maximum duration if the offender is a public officer or
employee.

Sec. 20. Inter - Agency Council against Child Pornography.

- The number one agency responsible to campaign
against child pornography is the DSWD

Sec. 22. Child Pornography as a Transnational Crime. -

Pursuant to the Convention on transnational Organized Crime,
the DOJ may execute the request of a foreign state for
assistance in the investigation or prosecution of any form of
child pornography by:
(1) conducting a preliminary investigation against the
offender and, if appropriate, to file the necessary
charges in court;
(2) giving information needed by the foreign state; and
(3) to apply for an order of forfeiture of any proceeds or
monetary instrument or properly located in the
Philippines used in connection with child

- In the case of Cordova, it was discovered through the

help of InterPol/FBI

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 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
September 7, 2016
THE ANTI-MONEY LAUNDERING LAW
Covered persons
- natural or juridical, refer to:
1. banks, non-banks, quasi-banks, trust entities, foreign
exchange dealers, pawnshops, money changers,
remittance and transfer companies and other similar
entities and all other persons and their subsidiaries
and affiliates supervised or regulated by the Bangko
Sentral ng Pilipinas (BSP);
2. insurance companies, pre-need companies and all
other persons supervised or regulated by the
Insurance Commission (IC);
3. (i) securities dealers, brokers, salesmen, investment
houses and other similar persons managing securities
or rendering services as investment agent, advisor, or
consultant,
(ii) mutual funds, close-end investment companies,
common trust funds, and other similar persons, and
(iii) other entities administering or otherwise dealing
in currency, commodities or financial derivatives
based thereon, valuable objects, cash substitutes and
other similar monetary instruments or property
supervised or regulated by the Securities and
Exchange Commission (SEC);
4. jewelry dealers in precious metals, who, as a
business, trade in precious metals, for transactions in
excess of One million pesos (P1,000,000.00);
5. jewelry dealers in precious stones, who, as a
business, trade in precious stones, for transactions in
excess of One million pesos (P1,000,000.00);
6. company service providers which, as a business,
provide any of the following services to third parties:
(i) acting as a formation agent of juridical
persons;
(ii) acting as (or arranging for another
person to act as) a director or corporate
secretary of a company, a partner of a
partnership, or a similar position in
relation to other juridical persons;
(iii) providing a registered office, business
address or accommodation,
correspondence or administrative
address for a company, a partnership or
any other legal person or arrangement;
and
(iv) acting as (or arranging for another
person to act as) a nominee shareholder
for another person; and
7. persons who provide any of the following services:
(i) managing of client money, securities or
other assets;
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(ii) management of bank, savings or
securities accounts;
(iii) organization of contributions for the
creation, operation or management of
companies; and
(iv) creation, operation or management of
juridical persons or arrangements, and
buying and selling business entities.
Notwithstanding the foregoing, the term 'covered persons'
shall excludelawyers and accountants acting as independent
legal professionals in relation to information concerning their
clients or where disclosure of information would compromise
client confidences or the attorney-client relationship: Provided,
That these lawyers and accountants are authorized to practice
in the Philippines and shall continue to be subject to the
provisions of their respective codes of conduct and/or
professional responsibility or any of its amendments."
Essence of money laundering
- money or its representatives which are proceeds from
illegal activities are transacted in order that they would
appear to have come from a legitimate source
EX: You have money from drugs. You deposit it in the
bank so that later on when you withdraw it, it did not
anymore come from drugs but from the bank.
EX: You have money coming from illegal sources, you
either buy jewelry or stocks or buy properties. Later on you
deposit it in the bank or when you sell the bought property,
the people cannot anymore say that such money came from
an illegitimate source.
Purpose of money laundering
- to prevent any attempt to conceal or disguise the identity of
illegally obtained proceeds or money or its equivalent
Covered persons
- persons either natural or juridical, who are required to
submit report to the AMLC (Anti-Money Laundering
Council) on transactions which are considered as covered
transactions and suspicious transactions within 5 days
from occurrence thereof
- required to make a report with the AMLC any covered
transaction or suspicious transaction
Covered transaction
- is a transaction in cash or other equivalent monetary
instrument involving a total amount in excess of Five
hundred thousand pesos (P500,000.00) within one (1)
banking day
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Suspicious transaction
- are 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 circumstance 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;
6. the transaction is in any way related to an unlawful
activity or offense under this Act that is about to be,
is being or has been committed; or
7. any transaction that is similar or analogous to any of
the foregoing."
Monetary instrument
- refers to:
1. coins or currency of legal tender of the Philippines, or
of any other country;
2. drafts, checks and notes;
3. securities or negotiable instruments, bonds,
commercial papers, deposit certificates, trust
certificates, custodial receipts or deposit substitute
instruments, trading orders, transaction tickets and
confirmations of sale or investments and money
market instruments; and
4. other similar instruments where title thereto passes to
another by endorsement, assignment or delivery.
Transaction
- refers to any act establishing any right or obligation or
giving rise to any contractual or legal relationship between
the parties thereto. It also includes any movement of funds
by any means with a covered institution.
Unlawful activity
- refers to any act or omission or series or combination
thereof involving or having direct relation to the following:
1. Kidnapping for ransom under Article 267 of Act No.
3815, otherwise known as the Revised Penal Code, as
amended;
2. Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of
Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002;
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3. Section 3 paragraphs B, C, E, G, H and I of Republic
Act No. 3019, as amended, otherwise known as the
Anti-Graft and Corrupt Practices Act;
4. Plunder under Republic Act No. 7080, as amended;
5. Robbery and extortion under Articles 294, 295, 296,
299, 300, 301 and 302 of the Revised Penal Code, as
amended;
6. Jueteng and Masiao punished as illegal gambling
under Presidential Decree No. 1602;
7. Piracy on the high seas under the Revised Penal
Code, as amended and Presidential Decree No. 532;
8. Qualified theft under Article 310 of the Revised Penal
Code, as amended;
9. Swindling under Article 315 and Other Forms of
Swindling under Article 316 of the Revised Penal
Code, as amended;
10. Smuggling under Republic Act Nos. 455 and 1937;
11. Violations of Republic Act No. 8792, otherwise
known as the Electronic Commerce Act of 2000;
12. Hijacking and other violations under Republic Act
No. 6235; destructive arson and murder, as defined
under the Revised Penal Code, as amended;
13. Terrorism and conspiracy to commit terrorism as
defined and penalized under Sections 3 and 4 of
Republic Act No. 9372;
14. Financing of terrorism under Section 4 and offenses
punishable under Sections 5, 6, 7 and 8 of Republic
Act No. 10168, otherwise known as the Terrorism
Financing Prevention and Suppression Act of 2012;
15. Bribery under Articles 210, 211 and 211-A of the
Revised Penal Code, as amended, and Corruption of
Public Officers under Article 212 of the Revised Penal
Code, as amended;
16. Frauds and Illegal Exactions and Transactions under
Articles 213, 214, 215 and 216 of the Revised Penal
Code, as amended;
17. Malversation of Public Funds and Property under
Articles 217 and 222 of the Revised Penal Code, as
amended;
18. Forgeries and Counterfeiting under Articles 163, 166,
l67, 168, 169 and 176 of the Revised Penal Code, as
amended;
19. Violations of Sections 4 to 6 of Republic Act No. 9208,
otherwise known as the Anti-Trafficking in Persons
Act of 2003;
20. Violations of Sections 78 to 79 of Chapter IV, of
Presidential Decree No. 705, otherwise known as the
Revised Forestry Code of the Philippines, as
amended;
21. Violations of Sections 86 to 106 of Chapter VI, of
Republic Act No. 8550, otherwise known as the
Philippine Fisheries Code of 1998;
22. Violations of Sections 101 to 107, and 110 of Republic
Act No. 7942, otherwise known as the Philippine
Mining Act of 1995;
23. Violations of Section 27(c), (e), (f), (g) and (i), of
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As discussed by Judge D
Republic Act No. 9147, otherwise known as the
Wildlife Resources Conservation and Protection Act;
24. Violation of Section 7(b) of Republic Act No. 9072,
otherwise known as the National Caves and Cave
Resources Management Protection Act;
25. Violation of Republic Act No. 6539, otherwise known
as the Anti-Carnapping Act of 2002, as amended;
26. Violations of Sections 1, 3 and 5 of Presidential
Decree No. 1866, as amended, otherwise known as
the decree Codifying the Laws on Illegal/Unlawful
Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunition or Explosives;
27. Violation of Presidential Decree No. 1612, otherwise
known as the Anti-Fencing Law;
28. Violation of Section 6 of Republic Act No. 8042,
otherwise known as the Migrant Workers and
Overseas Filipinos Act of 1995, as amended by
Republic Act No. 10022;
29. Violation of Republic Act No. 8293, otherwise known
as the Intellectual Property Code of the Philippines;
30. Violation of Section 4 of Republic Act No. 9995,
otherwise known as the Anti-Photo and Video
Voyeurism Act of 2009;
31. Violation of Section 4 of Republic Act No. 9775,
otherwise known as the Anti-Child Pornography Act
of 2009;
32. Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11,
12 and 14 of Republic Act No. 7610, otherwise known
as the Special Protection of Children Against Abuse,
Exploitation and Discrimination;
33. Fraudulent practices and other violations under
Republic Act No. 8799, otherwise known as the
Securities Regulation Code of 2000; and
34. Felonies or offenses of a similar nature that are
punishable under the penal laws of other countries.
Qualified theft
- PP vs Cahili (July 30, 2014, GR 199208): When the amount
stolen is more than 12,000.00 the penalty is reclusion
perpetua. It is not bailable anymore. Bail is not anymore a
matter of right.
Money laundering
- is committed by any person who, knowing that any
monetary instrument or property represents, involves, or
relates to the proceeds of any unlawful activity:
A. transacts said monetary instrument or property;
B. converts, transfers, disposes of, moves, acquires,
possesses or uses said monetary instrument or
property;
C. conceals or disguises the true nature, source, location,
disposition, movement or ownership of or rights with
respect to said monetary instrument or property;
D. attempts or conspires to commit money laundering
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offenses referred to in paragraphs (a), (b) or (c);
E. aids, abets, assists in or counsels the commission of
the money laundering offenses referred to in
paragraphs (a), (b) or (c) above; and
F. performs or fails to perform any act as a result of
which he facilitates the offense of money laundering
referred to in paragraphs (a), (b) or (c) above.
- is also committed by any covered person who, knowing
that a covered or suspicious transaction is required under
this Act to be reported to the Anti-Money Laundering
Council (AMLC), fails to do so.
Jurisdiction of Money Laundering Cases
- The regional trial courts shall have jurisdiction to try all
cases on money laundering.
- Those committed by public officers and private persons
who are in conspiracy with such public officers shall be
under the jurisdiction of the Sandiganbayan.
Prosecution of Money Laundering
A. Any person may be charged with and convicted of
both the offense of money laundering and the
unlawful activity as herein defined.
- cannot be complexed, cannot be absorbed (same with
torture)
- any person who violates this law can also be punished for
the unlawful activity from which the money comes from
EX: One committed the crime of Anti-Graft. The money is
deposited in the bank. The person is liable for 2 crimes:
violation of the Anti-Graft Act and at the same time Money
Laundering. Why money laundering? The money was
deposited in the bank so that it would appear that it comes
from a lawful source or legitimate source.
B. The prosecution of any offense or violation under this
Act shall proceed independently of any proceeding
relating to the unlawful activity
- if one is acquitted for Anti Money laundering, it does not
follow that one would also be acquitted of the unlawful
activity from which the money comes from
Section 4. PENALTIES
If the person subjected to hazing or other forms of initiation
rites suffers any physical injury or dies as a result thereof, the
 officers and
 members of the fraternity, sorority or organization
who ACTUALLY PARTICIPATED in the infliction of
physical harm shall be liable as PRINCIPALS. The
person or persons who participated in the hazing
shall suffer:
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As discussed by Judge D
1. RECLUSION PERPETUA (LIFE IMPRISONMENT) if
e. death,
f. rape,
g. sodomy or
h. mutilation results there from.
- They will not be charged anymore under the
RPC, but here.
- Those responsible for Villa were just convicted of
Reckless Imprudence resulting in Homicide
because this law wasn‘t enacted that time yet.
2. RECLUSION TEMPORAL IN ITS MAXIMUM PERIOD
(17 years, 4 months and 1 day to 20 years) if in consequence of the
hazing the victim shall become
e. insane,
f. imbecile,
g. impotent or
h. blind.
- Under the RPC, this is characterized as serious
physical injuries and the penalty is Prision
Mayor, but here it is reclusion temporal in its
maximum period. So the penalty here is higher.
3. RECLUSION TEMPORAL IN ITS MEDIUM PERIOD
(14 years, 8 months and one day to 17 years and 4 months)
- if in consequence of the hazing the victim shall have
 lost the use of speech or
 the power to hear or to smell, or
 shall have lost an eye, a hand, a foot, an arm or a leg
or
 shall have lost the use of any such member shall have
become incapacitated for the activity or work in
which he was habitually engaged.
- Under the RPC this is also Serious Physical Injuries,
but the penalty here is also higher.
4. RECLUSION TEMPORAL IN ITS MINIMUM PERIOD
(12 years and one day to 14 years and 8 months)
 if in consequence of the hazing the victim shall
become:
 deformed or
 shall have lost any other part of his body, or
 shall have lost the use thereof, or
 shall have been ill or incapacitated for the
performance on the activity or work in which he was
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habitually engaged for a period of more than ninety
(90) days.
5. PRISON MAYOR IN ITS MAXIMUM PERIOD
(10 years and one day to 12 years)
 if in consequence of the hazing the victim shall have
been ill or incapacitated for the performance on the
activity or work in which he was habitually engaged
for a period of more than thirty (30) days.
6. PRISON MAYOR IN ITS MEDIUM PERIOD
(8 years and one day to 10 years)
 if the injury is less serious.
7. PENALTY OF PRISON MAYOR IN ITS MINIMUM
PERIOD
(6 years and one day to 8 years)
 if the injury would require medical attendance of one
(1) to nine (9) days.
 This is 2 degrees higher than that in the RPC.
NOTE: The responsible officials of the school or of the police,
military or citizen's army training organization, may impose
the appropriate administrative sanctions on the person or the
persons charged under this provision even before their
conviction.
 They can thus be subjected to expulsion.
AGGRAVATING CIRCUMSTANCES:
(a) when the recruitment is accompanied by force,
violence, threat, intimidation or deceit on the person
of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially
consents to join but upon learning that hazing will be
committed on his person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having
undergone hazing is prevented from reporting the
unlawful act to his parents or guardians, to the proper
school authorities, or to the police authorities,
through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or
institution; or
(e) when the victim is below twelve (12) years of age at
the time of the hazing.
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NOTE:
 The owner of the place where hazing is conducted shall be
liable as an ACCOMPLICE, provided that
3. he has actual knowledge of the hazing conducted
therein but
4. failed to take any action to prevent the same from
occurring.
 If you are the owner of the beach house which was
rented by the fraternity for example, you have to
immediately take action upon learning that hazing is
about to or is being conducted in the said beach
house.
 If the hazing is held in the home of one of the officers or
members of the fraternity, group, or organization, the
parents shall be held liable as PRINCIPALS
3. when they have actual knowledge of the hazing
conducted therein but
4. failed to take any action to prevent the same from
occurring.
 The school authorities including faculty members
4. who consent to the hazing or
5. who have actual knowledge thereof,
6. but failed to take any action to prevent the same from
occurring
- shall be punished as ACCOMPLICES for the acts of
hazing committed by the perpetrators.
Take Note: the mere fact that you have knowledge of
the commission of the crime does not make you liable,
much less as a principal, except only for misprision of
treason.
- The fact that you failed to prevent the commission of
a crime doesn‘t make you liable for any crime under
the RPC but it is different here, because mere
knowledge and failure to prevent hazing can make
you liable either as a principal or an accomplice.
 The officers, former officers, or alumni of the
organization, group, fraternity or sorority
- who actually planned the hazing although not
present when the acts constituting the hazing were
committed shall be liable as PRINCIPALS.
- If you joined in the planning but you weren‘t present
in the actual hazing because it‘s midterms, you are
still liable as a principal.
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 A fraternity or sorority's adviser
- who is present when the acts constituting the hazing
were committed and failed to take action to prevent
the same from occurring shall be liable as
PRINCIPAL.
The presence of any person during the hazing is prima facie
evidence of participation therein as principal unless he
prevented the commission of the acts punishable herein.
- Note that under the RPC, mere presence in the crime
scene will not make you liable unless you perform
any act in furtherance of the commission of the crime.
- But here in hazing, mere presence is a prima facie
evidence of participation.
Any person charged under this provision shall NOT BE
ENTITLED TO THE MITIGATING CIRCUMSTANCE
THAT THERE WAS NO INTENTION TO COMMIT SO
GRAVE A WRONG.
Note: This section shall apply to the president, manager,
director or other responsible officer of a corporation engaged
in hazing as a requirement for employment in the manner
provided herein.
To summarize (Pp. vs Dungo GR No. 209464, July 1, 2015):
The following shall be liable as PRINCIPALS:
6. The actual participants in the hazing
- the presence of any person during the hazing is prima
facie evidence of actual participation, unless he
prevented the commission of the acts punishable
herein
7. The officers, former officers, or alumni of the
organization, group, fraternity or sorority who
actually planned the hazing
- Although these planners were not present during the
hazing.
8. The officers or members of an organization group,
fraternity or sorority who induced the victim to be
present thereat
9. The fraternity or sorority's adviser who was present
when the acts constituting hazing were committed,
and failed to take action to prevent them from
occurring.
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10. The parents of the officers or members of the
fraternity, group, or organization, who owns the
house where the hazing was conducted and failed to
take action to prevent the hazing.
The following shall be liable as ACCOMPLICE:
3. The school authorities, including faculty members,
who consented to the hazing or who have actual
knowledge thereof, but failed to take any action to
prevent the same;
4. The owner of the place where the hazing was
conducted can also be an accomplice to the crime,
when he has actual knowledge of the hazing
conducted therein and he failed to take any steps to
stop the same.
RA. 6539 AN ACT PREVENTING AND PENALIZING
CARNAPPING
- The anti- carnapping act was enacted in order to
remedy the discrepancy created by the RPC. Because
carnapping is actually theft or robbery of motor
vehicle.
Discrepancy in the RPC:
First scenario:
Let‘s say you stole a parked car. The car is worth
1Million, the crime there is qualified theft because it‘s
a motor vehicle and so the penalty is Reclusion
Perpetua.
Second scenario:
Suppose there‘s a driver inside playing pokemon.
You knocked and told him ―get out from the car this
is carnap!‖ What is the crime there? Ans. Simple
Robbery and the penalty is Prision mayor.
- Note that in the 1st scenario, the penalty is higher
than the robbery mentioned in the 2nd scenario,
notwithstanding the fact that in the 2nd scenario,
the victim was present.
- This is the purpose of the anti- carnapping act- in
order to remedy the discrepancy in the penalties
under the RPC.
CARNAPPING" is the taking, with intent to gain, of a motor
vehicle belonging to another without the latter's consent, or by
means of violence against or intimidation of persons, or by
using force upon things.
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"MOTOR VEHICLE" is any vehicle propelled by any power
other than muscular power using the public highways, but
excepting road rollers, trolley cars, street-sweepers, sprinklers,
lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks,
and cranes if not used on public highways, vehicles, which run
only on rails or tracks, and tractors, trailers and traction
engines of all kinds used exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled or
intended to be propelled by attachment to a motor vehicle,
shall be classified as separate motor vehicle with no power
rating.
- Bill dozers are equipments, not motor vehicles.
- Qualified theft and Robbery still applies.
- What can be covered by Carnapping are those not
falling within the exceptions.
September 9, 2016
PD. 1602 Illegal Gambling as amended by RA 9287
-violation of this is one of the predicate acts of AMLA
-the amended 9287 is only with regard to numbers game;
(jueteng, masiao, last 2)
-repealed the provisions of RPC on illegal gambling
Sec.1 par.(a)
Bub par.(1)
- any person who shall directly or indirectly take part in any
illegal or unauthorized activities or games (for a list of
prohibited games/activities please refer to the provision of the
law)
Elements:
1. Offenderdirectly or indirectly takes part in any illegal or
unauthorized game of chance or skill
2. Wagers consisting of money or articles of value are at stake
-gambling is not illegal per se (for example in casinos); only
considered as a crime if not authorized by law
Sub par. (2)
-Any person who shall knowingly permit any form of
gambling referred to in the preceding subparagraph to be
carried on in inhabited or uninhabited place or in any
building, vessel or other means of transportation owned or
controlled by him. If the place where gambling is carried on
has a reputation of a gambling place or that prohibited
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
gambling is frequently carried on therein, or the place is a
public or government building or barangay hall
Par. (b)
-Maintainer/Conductor - persons who sits up or
furnishes/manages the means in which to carry the gambling
game or scheme
Par. (c)
-The penalty of prision mayor in its medium period with
temporary absolute disqualification or a fine of six thousand
pesos shall be imposed if the maintainer, conductor or banker
of said gambling schemes is a government official,or where
such government official is the player, promoter, referee,
umpire, judge or coach in case of game fixing, point shaving
and machination.
Par. (d)
-The penalty of prisioncorreccional in its medium period or a
fine ranging from four hundred to two thousand pesos shall be
imposed upon any person who shall, knowingly and without
lawful purpose in any hour of any day, possess any lottery
list, paper or other matter containing letters, figures, signs or
symbols pertaining to or in any manner used in the games of
jueteng, jai-alai or horse racing bookies, and similar games of
lotteries and numbers which have taken place or about to take
place.
Par. (e)
-The penalty of temporary absolute disqualifications shall be
imposed upon any barangay official who, with knowledge of
the existence of a gambling house or place in his jurisdiction
fails to abate the same or take action in connection therewith.
Par. (f)
The penalty of prisioncorreccional in its maximum period or a
fine ranging from five hundred pesos to two thousand pesos
shall be imposed upon any security officer, security guard,
watchman, private or house detective of hotels, villages,
buildings, enclosures and the like which have the reputation of
a gambling place or where gambling activities are being held.
Note:
-Violation of this law is a crime against moral turpitude
Section 2.Informer's reward. Any person who shall disclose
information that will lead to the arrest and final conviction of
the malfactor shall be rewarded twenty percent of the cash
money or articles of value confiscated or forfeited in favor of
the government.
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Republic Act No. 9287 April 2, 2004
AN ACT INCREASING THE PENALTIES FOR ILLEGAL
NUMBERS GAMES, AMENDING CERTAIN PROVISIONS
OF PRESIDENTIAL DECREE NO. 1602, AND FOR OTHER
PURPOSES
- the amendment to PD 1602
Sec. 2.Definition of Terms. - As used in this Act, the following
terms shall mean:
a) Illegal Numbers Game. - Any form illegal gambling
activity which uses numbers or combinations thereof as
factors in giving out jackpots.
b) Jueteng. - An illegal numbers game that involves the
combination of thirty-seven (37) numbers against thirty-
seven (37) numbers from number one (1) to thirty seven (37)
or the combination of thirty-eight (38) numbers in some
areas, serving as a form of local lottery where bets are placed
and accepted per combination, and its variants.
c) Masiao. - An illegal numbers game where the winning
combination is derived from the results of the last game of
Jai Alai or the Special Llave portion or any result thereof
based on any fictitious Jai Alai game consisting of ten (10)
players pitted against one another, and its variants.
d) Last Two. - An illegal numbers game where the winning
combination is derived from the last two (2) numbers of the
first prize of the winning Sweepstakes ticket which comes
out during the weekly draw of the Philippine Charity
Sweepstakes Office (PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any
person who places bets for himself/herself or in behalf of
another person, or any person, other than the personnel or
staff of any illegal numbers game operation.
f) Personnel or Staff of Illegal Numbers Game Operation. -
Any person, who acts in the interest of the maintainer,
manager or operator, such as, but not limited to, an
accountant, cashier, checker, guard, runner, table manager,
usher, watcher, or any other personnel performing such
similar functions in a building structure, vessel, vehicle, or
any other place where an illegal numbers game is operated
or conducted.
g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or
variants thereof). - Any person who collects, solicits or
produces bets in behalf of his/her principal for any illegal
numbers game who is usually in possession of gambling
paraphernalia.
h) Coordinator, Controller or Supervisor ("Encargado" or
variants thereof). - Any person who exercises control and
supervision over the collector or agent.
i) Maintainer, Manager or Operator. - Any person who
maintains, manages or operates any illegal number game in
a specific area from whom the coordinator, controller or
supervisor, and collector or agent take orders.
j) Financiers or Capitalist. - Any person who finances the
operations of any illegal numbers game.
k) Protector or Coddler. - Any person who lends or provides
protection, or receives benefits in any manner in the
operation of any illegal numbers game.
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As discussed by Judge D
Sec. 3.Punishable Acts. - Any person who participates in any
illegal numbers game shall suffer the following penalties:
This is the most important part!
a) The penalty of imprisonment from thirty (30) days to
ninety (90) days, if such person acts as a bettor;
b) The penalty of imprisonment from six (6) years and one
(1) day to eight (8) years, if such person acts as a personnel
or staff of an illegal numbers game operation;
The same penalty shall likewise be imposed to any person who
allows his vehicle, house, building or land to be used in the
operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one
(1) day to ten (10) years, if such person acts as a collector or
agent;
d) The penalty of imprisonment from ten (10) years and one
(1) day to twelve (12) years, if such person acts as a
coordinator, controller or supervisor;
e) The penalty of imprisonment from twelve (12) years and
one (1) day to ten (10) fourteen (14) years, if such person acts
as a maintainer, manager or operator; and
f) The penalty of imprisonment from fourteen (14) years and
one (1) day to sixteen (16) years, if such person acts as a
financier or capitalist;
 Financier or capitalist receives the money and gives
out the money
g) The penalty of imprisonment from sixteen (16) years and
one (1) day to twenty (20) years, if such person acts as
protector or coddler.
Sec. 4.Possession of Gambling Paraphernalia or Materials. -
The possession of any gambling paraphernalia and other
materials used in the illegal numbers game operation shall
be deemed prima facie evidence of any offense covered by
this Act.
 In PD 1602, possession of gambling paraphernalia
is a crime. But in jueteng and numbers game,
possession of gambling paraphernalia is only a
PRIMA FACIE EVIDENCE of any offense covered
by this act depending upon the circumstances.
Ex: you bought masiao and you are caught in
possession of a ―tip sheet‖ of masiao, that is a
gambling paraphernalia. You will be charged as a
BETTOR, and the tip shit is prima facie evidence of
betting. You will not be liable for possession of
gambling paraphernalia.
Ex: If you are an usher and caught with tally sheets,
the tally sheet shall be used as prima facie evidence
of your being an usher. You will not be charged
with possession of gambling paraphernalia.
Ex: If you are a coordinator and you are holding
many tally sheets, that is prima facie evidence of
being a coordinator.
 So, in the examples above, that is not a crime but
PRIMA FACIE EVIDENCE OF THE OFFENSE.
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 Thus possession of gambling paraphernalia could
either be a crime or prima facie evidence. If
numbers game, that is prima facie evidence. If
not, thats a crime by itself under Sec 1, par(d) of
RA 1602.
Sec. 5.Liability of Government Employees and/or Public
Officials.–
a) If the collector, agent, coordinator, controller, supervisor,
maintainer, manager, operator, financier or capitalist of any
illegal numbers game is a government employee and/or public
official, whether elected or appointed shall suffer the penalty
of twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from Three million pesos (P3,000,000.00) to Five
million pesos (P5,000,000.00) and perpetual absolute
disqualification from public office.
In addition to the penalty provided in the immediately
preceding section, the accessory penalty of perpetual
disqualification from public office shall be imposed upon any
local government official who, having knowledge of the
existence of the operation of any illegal numbers game in
his/her jurisdiction, fails to abate or to take action, or tolerates
the same in connection therewith.
b) In the case of failure to apprehend perpetrators of any illegal
numbers game, any law enforcer shall suffer an administrative
penalty of suspension or dismissal, as the case may be, to be
imposed by the appropriate authority.
Sec. 6.Liability of Parents/Guardians. - The penalty of
imprisonment from six (6) months and one (1) day to one (1)
year or fine ranging from One hundred thousand pesos
(P100,000.00) to Four hundred thousand pesos (P400,000.00)
shall be imposed upon any parent, guardian or person
exercising moral authority or ascendancy over a minor, ward
or incapacitated person, and not otherwise falling under any of
the foregoing subsections, who induces or causes such minor,
ward or incapacitated person to commit any of the offenses
punishable in this Act. Upon conviction, the parent, guardian
or person exercising moral authority or ascendancy over the
minor, ward or incapacitated person shall be deprived of
his/her authority over such person in addition to the penalty
imposed.
Sec. 7.Recidivism. - The penalty next higher in degree as
provided for under Section 3 hereof shall be imposed upon a
recidivist who commits any of the offenses punishable in this
Act.
Sec. 8.Immunity from Prosecution. - Any person who serves as
a witness for the government or provides evidence in a
criminal case involving any violation of this Act, or who
voluntarily or by virtue of a subpoena testificandum or
ducestecum, produces, identifies, or gives testimony shall be
immune from any criminal prosecution, subject to the
compliance with the provisions of Presidential Decree No.
1732, otherwise known as Decree Providing Immunity from
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
Criminal Prosecution to Government Witnesses and the
pertinent provisions of the Rules of Court.
 So here, one is a "State witness"
Sec. 9.Prosecution, Judgment and Forfeiture of Property. - Any
person may be charged with or convicted of the offenses
covered by this Act without prejudice to the prosecution of any
act or acts penalized under the Revised Penal Code or existing
laws.
 So this law is a predicate crime of AMLA. If you are a
financier or capitalist of illegal gambling, and
deposited in bank to appear as if it was from a lawful
source, you can be charged with AMLA
During the pendency of the case, no property or income used
or derived therefrom which may be confiscated and forfeited
shall be disposed, alienated or transferred and the same shall
be in custodialegis and no bond shall be admitted for the
release of the same.
The trial prosecutors shall avail of provisional remedies
provided for under the Revised Rules on Criminal Procedure.
Upon conviction, all proceeds, gambling paraphernalia and
other instruments of the crime including any real or personal
property used in any illegal numbers game operation shall be
confiscated and forfeited in favor of the State. All assets and
properties of the accused either owned or held by him/her in
his/her name or in the name of another person found to be
manifestly out of proportion to his/her lawful income shall be
prima facie presumed to be proceeds of the offense and shall
likewise be confiscated and forfeited in favor of the State.
 The proceeds shall be confiscated in favor of the
government.
Sec. 10. Witness Protection. - Any person who provides
material information, whether testimonial or documentary,
necessary for the investigation or prosecution of individuals
committing any of the offenses under Sections 3, 4, 5 and 6
herein shall be placed under the Witness Protection Program
pursuant to Republic Act. No. 6981.
Sec. 11.Informer's Reward. - Any person who, having
knowledge or information of any offense committed under this
Act and who shall disclose the same which may lead to the
arrest and final conviction of the offender, may be rewarded a
certain percentage of the cash money or articles of value
confiscated or forfeited in favor of the government, which shall
be determined through a policy guideline promulgated by the
Department of Justice (DOJ) in coordination with the
Department of Interior and Local Government (DILG) and the
National Police Commission (NAPOLCOM).
Republic Act No. 9372 March 6, 2007
AN ACT TO SECURE THE STATE AND PROTECT OUR
PEOPLE FROM TERRORISM aka THE HUMAN SECURITY
ACT OF 2007
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 this law was enacted as a result of UN SECURITY
COUNCIL RESOLUTION NUMBER 1373. This
resolution enjoins members of the UN to enact an
Anti- Terrorism Act as an aftermath of the 9/11
bombing of the Twin Towers
SEC. 3. Terrorism.- Any person who commits an act
punishable under any of the following provisions of the
Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas
or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by
private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under - this
has been repealed by Arson law.
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous
and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and
Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway
Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying
the Laws on Illegal and Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives) as amended by 10591 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.
Elements of terrorism
1. Offender commits any of the following crimes above!
2. Thereby sowing and creating a condition of
widespread and extraordinary fear and panic among
the populace
3. In order to coerce the government to give in to an
unlawful demand. (This is the purpose of the law)
A. First element: ―Committed by any person who committed
any of the predicate crimes‖
B. Second element: ―Widespread and extraordinary fear and
panic among the populace‖
– This requires an interpretation by the SC
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
– The SC sustained the constitutionality of this law
(Southern Hemisphere Engagement Network Inc. vs Anti-
Terrorism Council, et al., GR 178552, October 5, 2010)
C. Third element: ―In order to coerce the government to give
in to an unlawful demand‖
– Example: A man staged a hostage taking in a school
bus and demanded from the government to give the
children free education. Not unlawful demand. Not a
violation of this law.
Conspiracy to Commit Terrorism
– Persons who conspire to commit the crime of
terrorism
– Shall suffer the penalty of forty (40) years of
imprisonment.
– There is conspiracy when two or more persons come
to an agreement concerning the commission of the
crime of terrorism as defined under this law and
decide to commit the same.
Accomplice
– Any person who, not being a principal under Article
17 of the RPC or a conspirator, cooperates in the
execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or
simultaneous acts
– Shall suffer the penalty of from seventeen (17) years,
four months one day to twenty (20) years of
imprisonment.
Accessory
– Any person who, having knowledge of the
commission of the crime of terrorism or conspiracy to
commit terrorism, and without having participated
therein, either as principal or accomplice under
Articles 17 and 18 of the RPC, takes part subsequent
to its commission in any of the following manner:
(a) by profiting himself or assisting the offender
to profit by the effects of the crime;
(b) by concealing or destroying the body of the
crime, or the effects, or instruments thereof,
in order to prevent its discovery;
(c) by harboring, concealing, or assisting in the
escape of the principal or conspirator of the
crime
– Shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
– The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to
their spouses, ascendants, descendants, legitimate,
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natural, and adopted brothers and sisters, or relatives
by affinity within the same degrees, with the single
exception of accessories falling within the provisions
of subparagraph (a).
Surveillance of Suspects and Interception and Recording of
Communications
– A police or law enforcement official and the members
of his team may listen to, intercept and record any
communication, message, conversation, discussion, or
spoken or written words between members of a
judicially declared and outlawed terrorist
organization, association, or group of persons or of
any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism,
notwithstanding the provisions of the Anti-Wire
Tapping Law to the contrary.
– Two consents necessary:
1. Authorized in writing by the Anti-Terrorism
Council to file such ex parte application.
2. Upon a written order of the Court of
Appeals (CA)
– Upon examination under oath or affirmation of the
applicant and the witnesses he may produce to
establish:
(a) that there is probable cause to believe based
on personal knowledge of facts or
circumstances that the said crime of
terrorism or conspiracy to commit terrorism
has been committed, or is being committed,
or is about to be committed;
(b) that there is probable cause to believe based
on personal knowledge of facts or
circumstances that evidence, which is
essential to the conviction of any charged or
suspected person for, or to the solution or
prevention of, any such crimes, will be
obtained; and,
(c) that there is no other effective means readily
available for acquiring such evidence
Classification and Contents of the Order of the Court
– The written order granted by the authorizing division
of the CA as well as its order and the written
authorizations of the Anti-Terrorism Council shall be
deemed and are hereby declared as classified
information
– The written order of the authorizing division of the
CA shall specify the following:
(a) the identity of the charged or suspected
person whose communication is being
tapped;
 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
(b) the identity of the law enforce/s who is written notes and memoranda made in
going to wiretap connection therewith; and
(c) the offense or offenses committed, or being (d) the date of the original written authorization
committed, or sought to be prevented; andn granted by the Anti-Terrorism Council to the
(d) the length of time within which the applicant to file the ex parte
authorization shall be used or carried out
– The joint affidavit shall also certify under oath that no
duplicates or copies of the whole or any part of any of
Effective Period of Judicial Authorization
such tapes, discs, and recordings, and that no
– Shall not exceed thirty (30) days from the expiration duplicates or copies of the whole or any part of any of
of the original period such excerpts, summaries, written notes, and
memoranda, have been made
– Can be extended for another non-extendible thirty
(30) days. The request for extension must be in – If made, that all such duplicates and copies shall be
writing, filed by the same official who filed the deposited also with the authorizing division of the
original request; next in rank if the former has died CA.
– In other words, the entire period, including the
Disposition of Deposited Material
extension, should not exceed sixty (60) days
– The sealed envelope or sealed package and the
If no case is filed within the 30-day period contents thereof, which are deposited with the
authorizing division of the CA, shall be deemed and
– If no case is filed within the thirty (30)-day period, the
are hereby declared classified information
applicant police or law enforcement official shall
– Meaning, they cannot be accessed by anybody unless
immediately notify the person subject of the
authorized by written order of the authorizing
surveillance, interception and recording of the
division of the CA, upon a Motion to be filed by the
termination of the said surveillance, interception and
DOJ with prior permission from the Anti-Terrorism
recording.
Council.
– The penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon the Application to Open Deposited Sealed Envelope or Sealed
applicant police or law enforcement official who fails Package
to notify the person subject of the surveillance,
– The application shall state the purpose of the opening
monitoring, interception and recording as specified
of the sealed envelope or package
above.
Evidentiary Value of Deposited Materials
Custody of Intercepted and Recorded Communications
– If there is wiretapping without court order, such
– All tapes, discs, and recordings made pursuant to the
wiretapped conversation shall be inadmissible in
authorization of the authorizing division of the Court
evidence.
of Appeals shall be submitted to the issuing court, the
Court of Appeals, within forty-eight (48) hours after
Penalty for Unauthorized or Malicious Interceptions and/or
the expiration of period fixed in the order.
Recordings
– Together submitted is the join affidavit of the law
– Shall suffer the penalty of ten (10) years and one day
enforcers who conducted the wire tapping.
to twelve (12) years of imprisonment.
Contents of Joint Affidavit
***Judicial Declaration for a Group to be a Terrorist Group
– The joint affidavit of the police or of the law
– The DOJ may file before the RTC for a Petition for the
enforcement official and the individual members of
judicial declaration of a certain group as a terrorist
his team shall state:
group.
(a) the number of tapes, discs, and recordings
that have been made; ***Period of Detention Without Judicial Warrant of Arrest
(b) the dates and times covered by each of such
– The provisions of Article 125 of the Revised Penal
tapes, discs, and recordings;
Code to the contrary notwithstanding, any police or
(c) the number of tapes, discs, and recordings,
law enforcement personnel, who, having been duly
as well as the number of excerpts and
authorized in writing by the Anti-Terrorism Council
summaries thereof and the number of
has taken custody of a person charged with or

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 CRIMINAL LAW REVIEW (SPL)
As discussed by Judge D
suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall, without
incurring any criminal liability for delay in the
delivery of detained persons to the proper judicial
authorities, deliver said charged or suspected person
to the proper judicial authority within a period of
three days counted from the moment the said
charged or suspected person has been apprehended
or arrested, detained, and taken into custody by the
said police, or law enforcement personnel.
– Provided, That the arrest of those suspected of the
crime of terrorism or conspiracy to commit terrorism
must result from the surveillance under Section 7 and
examination of bank deposits under Section 27 of this
Act.
– The police or law enforcement personnel concerned
shall, before detaining the person suspected of the
crime of terrorism, present him or her before any
judge at the latter's residence or office nearest the
place where the arrest took place at any time of the
day or night.
– It shall be the duty of the judge, among other things,
to ascertain the identity of the police or law
enforcement personnel and the person or persons
they have arrested, to inquire of them the reasons
why they have arrested the person and determine by
questioning and personal observation whether or not
the suspect has been subjected to any physical, moral
or psychological torture by whom and why. The
judge shall then submit a written report of what
he/she had observed when the subject was brought
before him to the proper court that has jurisdiction
over the case of the person thus arrested.
– The judge shall forthwith submit his/her report
within three calendar days from the time the suspect
was brought to his/her residence or office.
– Immediately after taking custody of a person charged
with or suspected of the crime of terrorism or
conspiracy to commit terrorism, the police or law
enforcement personnel shall notify in writing the
judge of the court nearest the place of apprehension
or arrest.
– Provided ,That where the arrest is made during
Saturdays, Sundays, holidays or after office hours, the
written notice shall be served at the residence of the
judge nearest the place where the accused was
arrested.
– The penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon the
police or law enforcement personnel who fails to
notify and judge.
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SEC. 19.Period of Detention in the Event of an Actual or
Imminent Terrorist Attack.
- In the event of an actual or imminent terrorist attack,
suspects may not be detained for more than three
days without the written approval of a municipal,
city, provincial or regional official of a Human Rights
Commission or judge of the municipal, regional trial
court, the Sandiganbayan or a justice of the Court of
Appeals nearest the place of the arrest.
 The 3 day detention can beextended
provided there is a written approvalof a
municipal, city, provincial or regional official
of a Human Rights Commission or judge of
the municipal, regional trial court, the
Sandiganbayan or a justice of the Court of
Appeals nearest the place of the arrest.
- If the arrest is made during Saturdays, Sundays,
holidays or after office hours, the arresting police or
law enforcement personnel shall bring the person
thus arrested to the residence of any of the officials
mentioned above that is nearest the place where the
accused was arrested. The approval in writing of any
of the said officials shall be secured by the police or
law enforcement personnel concerned within five
days after the date of the detention of the persons
concerned: Provided, however, That within three
days after the detention the suspects, whose
connection with the terror attack or threat is not
established, shall be released immediately.
- Section 19 provides for the extension of the
reglementary period.
SEC. 20.Penalty for Failure to Deliver Suspect to the Proper
Judicial Authority within Three Days.
- The penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon
any police or law enforcement personnel who has
apprehended or arrested, detained and taken custody
of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism and fails
to deliver such charged or suspected person to the
proper judicial authority within the period of three
days.
- He shall not be punished under the RPC but under
this law.
SEC. 21.Rights of a Person under Custodial Detention.
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- Miranda Doctrine
SEC. 22.Penalty for Violation of the Rights of a Detainee.
- The penalty of ten (10) years and one day to twelve
(12) years of imprisonment.
- Unless the police or law enforcement personnel who
violated the rights of a detainee or detainees as stated
above is duly identified, the same penalty shall be
imposed on the police officer or hear or leader of the
law enforcement unit having custody of the detainee
at the time the violation was done.
Sec 23 and 24 – Read Only
SEC. 25.Penalty for Threat, Intimidation, Coercion, or
Torture in the Investigation and Interrogation of a Detained
Person.
- The penalty of twelve (12) years and one day to
twenty (20) years of imprisonment.
- When death or serious permanent disability of said
detained person occurs as a consequence of the use of
such threat, intimidation, or coercion, or as a
consequence of the infliction on him of such physical
pain or torment, or as a consequence of the infliction
on him of such mental, moral, or psychological
pressure, the penalty shall be twelve (12) years and
one day to twenty (20) years of imprisonment.
SEC. 26.Restriction on Travel.
- Penalty in terrorism – 40 years, equivalent to life
sentence, not entitled to bail.
- In cases where evidence of guilt is not strong
(meaning the person is allowed to put up bail)and
the person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to bail and
is granted the same, the court, upon application by
the prosecutor, shall limit the right of travel of the
accused to within the municipality or city where he
resides or where the case is pending, in the interest of
national security and public safety.
- Travel outside of said municipality or city, without
the authorization of the court, shall be deemed a
violation of the terms and conditions of his bail,
which shall then be forfeited .
- So he can be granted bail but with limitation on the
right to travel which can be limited to the city or
municipality where he resides.
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- He/she may also be placed under house arrest by
order of the court at his or her usual place of
residence.
- While under house arrest, he or she may not use
telephones, cellphones, e-mails, computers, the
internet or other means of communications with
people outside the residence until otherwise ordered
by the court.
- The restrictions abovementioned shall be terminated
upon the acquittal of the accused or of the dismissal
of the case filed against him or earlier upon the
discretion of the court on motion of the prosecutor or
of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank
Deposits, Accounts, and Records.
- The procedure here is similar to surveillance. There
must be a petition filed with the Court of Appeals
with prior permission from Anti-terrorism Council.
- The provisions of Republic Act No. 1405 as amended,
to the contrary notwithstanding, the justices of the
Court of Appeals designated as a special court to
handle anti-terrorism cases after satisfying themselves
of the existence of probable cause in a hearing called
for that purpose that:
 (1) a person charged with or suspected of the
crime of terrorism or, conspiracy to commit
terrorism,
 (2) of a judicially declared and outlawed
terrorist organization, association, or group
of persons; and
 (3) of a member of such judicially declared
and outlawed organization, association, or
group of persons, may authorize in writing
any police or law enforcement officer and
the members of his/her team duly
authorized in writing by the anti-terrorism
council to:
o (a) examine, or cause the
examination of, the deposits,
placements, trust accounts, assets
and records in a bank or financial
institution; and
o (b) gather or cause the gathering of
any relevant information about
such deposits, placements, trust
accounts, assets, and records from
a bank or financial institution.
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- The bank or financial institution concerned, shall not
refuse to allow such examination or to provide the
desired information, when so, ordered by and served
with the written order of the Court of Appeals.
- Here, there should be a petition filed with the Court
of Appeals and there must be a prior authorization
from the Anti-Terrorism Council.
- Recall AMLA. The Anti-Money Laundering Council
can file the petition under the AMLA.
- NOTE, regarding the bank accounts of the terrorists,
the police enforcers can examine but with prior
authority from the Anti-Terrorism Council not from
the Anti-Money Laundering Council, filed with the
Court of Appeals.
- Another way of examining the bank accounts of
terrorist groups is for the AMLC to file petition
pursuant to provisions of AMLA.
SEC. 28.Application to Examine Bank Deposits, Accounts,
and Records.
- The written order of the Court of Appeals authorizing
the examination of bank deposits, placements, trust
accounts, assets, and records:
 (1) of a person charged with or suspected of
the crime of terrorism or conspiracy to
commit terrorism;
 (2) of any judicially declared and outlawed
terrorist organization, association, or group
of persons, or
 (3) of any member of such organization,
association, or group of persons in a bank or
financial institution, and the gathering of
any relevant information about the same
from said bank or financial institution, shall
only be granted by the authorizing division
of the Court of Appeals upon an ex parte
application to that effect of a police or of a
law enforcement official who has been duly
authorized in writing to file such ex parte
application by the Anti-Terrorism Council
created in Section 53 of this Act to file such
ex parte application, and upon examination
under oath or affirmation of the applicant
and, the witnesses he may produce to
establish the facts that will justify the need
and urgency of examining and freezing the
bank deposits, placements, trust accounts,
assets, and records:
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o (1) of the person charged with or
suspected of the crime of terrorism
or conspiracy to commit terrorism;
o (2) of a judicially declared and
outlawed terrorist organization,
association or group of persons; or
o (3) of any member of such
organization, association, or group
of persons.
- The authority to file the petition must be in writing
given by the Anti-Terrorism Council NOT AMLC.
SEC. 29.Classification and Contents of the Court Order
Authorizing the Examination of Bank Deposits, Accounts,
and Records.
- The order shall be classified as confidential.
- The written order granted by the authorizing division
of the Court of Appeals as well as its order, if any, to
extend or renew the same, the original ex parte
application of the applicant, including his ex parte
application to extend or renew, if any, and the written
authorizations of the Anti-Terrorism Council, shall be
deemed and are hereby declared as classified
information: Provided, That the person whose bank
deposits, placements, trust accounts, assets, and
records have been examined, frozen, sequestered and
seized by law enforcement authorities has the right to
be informed of the acts done by the law enforcement
authorities in the premises or to challenge, if he or she
intends to do so, the legality of the interference. The
written order of the authorizing division of the Court
of Appeals designated to handle cases involving
terrorism shall specify:
 the identify of the said:
o (1) person charged with or
suspected of the crime of terrorism
or conspiracy to commit terrorism;
o (2) judicially declared and outlawed
terrorist organization, association,
or group of persons; and
o (3) member of such judicially
declared and outlawed
organization, association, or group
of persons, as the case may be.
whose deposits, placements, trust
accounts, assets, and records are to
be examined or the information to
be gathered; (b) the identity of the
bank or financial Institution where
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As discussed by Judge D
such deposits, placements, trust
accounts, assets, and records are
held and maintained;
o (c) the identity of the persons who
will conduct the said examination
and the gathering of the desired
information; and,
o (d) the length of time the
authorization shall be carried out.
SEC. 31. Custody of Bank Data and Information Obtained
after Examination of Deposits, Placements, Trust Accounts,
Assets and Records.
- All data gathered from examination shall be
submitted with the Court of Appeals with 48hrs
after expiration of the period. The same with the
surveillance, it shall be accompanied with joint
affidavit with the person making the examination.
- The one who will examine must have a background
in examining bank account.
- All information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and other
documents obtained from the examination of the
bank deposits, placements, trust accounts, assets and
records of: (1) a person charged with or suspected of
the crime of terrorism or the crime of conspiracy to
commit terrorism; (2) a judicially declared and
outlawed terrorist organization, association, or group
of persons; or (3) a member of any such organization,
association, or group of persons shall, within forty-
eight (48) hours after the expiration of the period
fixed in the written order of the authorizing division
of the Court of Appeals or within forty-eight (48)
hours after the expiration of the extension or renewal
granted by the authorizing division of the Court of
Appeals, be deposited with the authorizing division
of the Court of Appeals in a sealed envelope or sealed
package, as the case may be, and shall be
accompanied by a joint affidavit of the applicant
police or law enforcement official and the persons
who actually conducted the examination of said bank
deposits, placements, trust accounts, assets and
records.
Sec 32 – Read
SEC. 33.Disposition of Bank Materials.
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- The sealed envelope or sealed package and the
contents thereof, which are deposited with the
authorizing division of the Court of Appeals, shall be
deemed and are hereby declared classified
information and the sealed envelope or sealed
package shall not be opened and its contents shall not
be divulged, revealed, read, or used as evidence
unless authorized in a written order of the
authorizing division of the Court of Appeals, which
written order shall be granted only upon a written
application of the Department of Justice filed before
the authorizing division of the Court of Appeals and
only upon a showing that the Department of Justice
has been duly authorized in writing by the Anti-
Terrorism Council to file the application, with notice
in writing to the party concerned not later than three
days before the scheduled opening, to open, reveal,
divulge, and use the contents of the sealed envelope
or sealed package as evidence.
- Any person, law enforcement official or judicial
authority who violates his duty to notify in writing as
defined above shall suffer the penalty of six years and
one day to eight years of imprisonment.
SEC. 34. Application to Open Deposited Bank Materials.
- The written application, with notice in writing to the
party concerned not later than three days of the
scheduled opening, to open the sealed envelope or
sealed package shall clearly state the purpose and
reason: (a) for opening the sealed envelope or sealed
package; (b) for revealing and disclosing its classified
contents; and, (c) for using the classified information,
data, excerpts, summaries, notes, memoranda,
working sheets, reports, and documents as evidence.
SEC. 35.Evidentiary Value of Deposited Bank Materials.
- Any information, data, excerpts, summaries, notes,
memoranda, work sheets, reports, or documents
acquired from the examination of the bank deposits,
placements, trust accounts, assets and records of: (1) a
person charged or suspected of the crime of terrorism
or the crime of conspiracy to commit terrorism; (2) a
judicially declared and outlawed terrorist
organization, association, or group of persons; or (3) a
member of such organization, association, or group of
persons, which have been secured in violation of the
provisions of this Act, shall absolutely not be
admissible and usable as evidence against anybody in
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As discussed by Judge D
any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or
hearing.
SEC. 36.Penalty for Unauthorized or Malicious Examination
of a Bank or a Financial Institution.
- The penalty is ten (10) years and one day to twelve
(12) years of imprisonment.
SEC. 37.Penalty of Bank Officials and Employees Defying a
Court Authorization.
- An employee, official, or a member of the board of
directors of a bank or financial institution, who
refuses to allow the examination of the deposits,
placements, trust accounts, assets, and records of: (1)
a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed
organization, association, or group of persons; or (3) a
member of such judicially declared and outlawed
organization, association, or group of persons in said
bank or financial institution, when duly served with
the written order of the authorizing division of the
Court of Appeals, shall be guilty of an offense and
shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
SEC. 38.Penalty for False or Untruthful Statement or
Misrepresentation of Material Fact in Joint Affidavits.
- Any false or untruthful statement or
misrepresentation of material fact in the joint
affidavits required shall constitute a criminal offense
and the affiants shall suffer individually the penalty
of ten (10) years and one day to twelve (12) years of
imprisonment.
SEC. 39.Seizure and Sequestration.
- The deposits and their outstanding balances,
placements, trust accounts, assets, and records in any
bank or financial institution, moneys, businesses,
transportation and communication equipment,
supplies and other implements, and property of
whatever kind and nature belonging:
 (1) to any person suspected of or charged
before a competent Regional Trial Court for
the crime of terrorism or the crime of
conspiracy to commit terrorism;
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 (2) to a judicially declared and outlawed
organization, association, or group of
persons; or
 (3) to a member of such organization,
association, or group of persons shall be
seized, sequestered, and frozen in order to
prevent their use, transfer, or conveyance for
purposes that are inimical to the safety and
security of the people or injurious to the
interest of the State.
- The accused or a person suspected of may withdraw
such sums as may be reasonably needed by the
monthly needs of his family including the services of
his or her counsel and his or her family's medical
needs upon approval of the court. He or she may also
use any of his property that is under seizure or
sequestration or frozen because of his/her indictment
as a terrorist upon permission of the court for any
legitimate reason.
- Example, the bank accounts frozen, the person
suspected to be a terrorist, can file a motion in court
with withdraw certain amount for the needs of his
family including payment of the services of his
counsel.
SEC. 40. Nature of Seized. Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records.
- The seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records
belonging to a person suspected of or charged with
the crime of terrorism or conspiracy to commit
terrorism shall be deemed as property held in trust by
the bank or financial institution for such person and
the government during the pendency of the
investigation of the person suspected of or during the
pendency of the trial of the person charged with any
of the said crimes, as the case may be and their use or
disposition while the case is pending shall be subject
to the approval of the court before which the case or
cases are pending.
SEC. 41.Disposition of the Seized, Sequestered and Frozen
Bank Deposits, Placements, Trust Accounts, Assets and
Record. (important provision)
- If the person suspected of or charged with the crime
of terrorism or conspiracy to commit terrorism is
found, after his investigation, to be innocent by the
investigating body, or is acquitted, after his
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As discussed by Judge D
arraignment or his case is dismissed before his
arraignment by a competent court, the seizure,
sequestration and freezing of his bank deposits,
placements, trust accounts, assets and records shall
forthwith be deemed lifted by the investigating
body or by the competent court, as the case may be,
and his bank deposits, placements, trust accounts,
assets and records shall be deemed released from
such seizure, sequestration and freezing, and shall
be restored to him without any delay by the bank or
financial institution concerned without any further
action on his part. The filing of any appeal on motion
for reconsideration shall not stay the release of said
funds from seizure, sequestration and freezing.
- If the person charged with the crime of terrorism or
conspiracy to commit terrorism is convicted by a
final judgment of a competent trial court, his seized,
sequestered and frozen bank deposits, placements,
trust accounts, assets and records shall be
automatically forfeited in favor of the government.
- Upon his or her acquittal or the dismissal of the
charges against him or her, the amount of Five
hundred thousand pesos (P500.000.00) a day for the
period in which his properties, assets or funds were
seized shall be paid to him on the concept of
liquidated damages.
- The amount shall be taken from the appropriations
of the police or law enforcement agency that caused
the filing of the enumerated charges against him/her.
SEC. 44.Infidelity in the Custody of Detained Persons.
- Any public officer who has direct custody of a
detained person or under the provisions of this Act
and who by his deliberate act, misconduct, or
inexcusable negligence causes or allows the escape of
such detained person shall be guilty of an offense and
shall suffer the penalty of: (a) twelve (12) years and
one day to twenty (20) years of imprisonment, if the
detained person has already been convicted and
sentenced in a final judgment of a competent court;
and (b) six years and one day to twelve (12) years of
imprisonment, if the detained person has not been
convicted and sentenced in a final judgment of a
competent court.
SEC. 45.Immunity and Protection of Government Witnesses.
- The provisions of Republic Act No. 6981 (Witness
Protection, Security and Benefits Act) to the contrary
notwithstanding, the immunity of government
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witnesses testifying under this Act shall be governed
by Sections 17 and 18 of Rule 119 of the Rules of
Court: Provided, however, That said witnesses shall
be entitled to benefits granted to witnesses under said
Republic Act No.6981.
SEC. 46.Penalty for Unauthorized Revelation of Classified
Materials.
- The penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon
any person, police or law enforcement agent, judicial
officer or civil servant who, not being authorized by
the Court of Appeals to do so, reveals in any manner
or form any classified information under this Act.
SEC. 48.Continuous Trial.
- in cases of terrorism or conspiracy to commit
terrorism, the judge shall set the continuous trial on a
daily basis from Monday to Friday or other short-
term trial calendar so as to ensure speedy trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to
Another Prosecution under the Revised Penal Code or any
Special Penal Laws. (Important Provision)
- When a person has been prosecuted under a
provision of this Act, upon a valid complaint or
information or other formal charge sufficient in form
and substance to sustain a conviction and after the
accused had pleaded to the charge, the acquittal of the
accused or the dismissal of the case shall be a bar to
another prosecution for any offense or felony which is
necessarily included in the offense charged under this
Act.
SEC. 50.Damages for Unproven Charge of Terrorism.
(Important Provision)
- Upon acquittal, any person who is accused of
terrorism shall be entitled to the payment of
damages in the amount of Five hundred thousand
pesos (P500,000.00) for every day that he or she has
been detained or deprived of liberty or arrested
without a warrant as a result of such an
accusation.The amount of damages shall be
automatically charged against the appropriations of
the police agency or the Anti-Terrorism Council that
brought or sanctioned the filing of the charges against
the accused. It shall also be released within fifteen (15)
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As discussed by Judge D
days from the date of the acquittal of the accused. The
award of damages mentioned above shall be without
prejudice to the right of the acquitted accused to file
criminal or administrative charges against those
responsible for charging him with the case of
terrorism.
- Any officer, employee, personnel, or person who
delays the release or refuses to release the amounts
awarded to the individual acquitted of the crime of
terrorism as directed in the paragraph immediately
precedingshall suffer the penalty of six months of
imprisonment.
- If the deductions are less than the amounts due to the
detained persons, the amount needed to complete the
compensation shall be taken from the current
appropriations for intelligence, emergency, social or
other funds of the Office of the President.
- In the event that the amount cannot be covered by the
current budget of the police or law enforcement
agency concerned, the amount shall be automatically
included in the appropriations of the said agency for
the coming year.
Sec. 51. Duty to Record and Report the Name and Address of
the Informant. - The police or law enforcement officers to
whom the name or a suspect in the crime of terrorism was first
revealed shall record the real name and the specific address of
the informant.
The police or law enforcement officials concerned shall report
the informant's name and address to their superior officer who
shall transmit the information to the Congressional Oversight
Committee or to the proper court within five days after the
suspect was placed under arrest or his properties were
sequestered, seized or frozen.
The name and address of the informant shall be considered
confidential and shall not be unnecessarily revealed until after
the proceedings against the suspect shall have been
terminated.
Sec. 52. Applicability of the Revised Penal Code. - The
provisions of Book I of the Revised Penal Code shall be
applicable to this Act.
- mitigating and aggravating circumstances apply
Sec. 53. Anti-Terrorism Council
The members of the Council are: (1) the Executive Secretary,
who shall be its Chairperson; (2) the Secretary of Justice, who
shall be its Vice Chairperson; and (3) the Secretary of Foreign
Affairs; (4) the Secretary of National Defense; (5) the Secretary
of the Interior and Local Government; (6) the Secretary of
Finance; and (7) the National Security Advisor, as its other
members.
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Sec. 54. Functions of the Council. –
1. Formulate and adopt plans, programs and counter-measures
against terrorists and acts of terrorism in the country;
2. Coordinate all national efforts to suppress and eradicate acts
of terrorism in the country and mobilize the entire nation
against terrorism prescribed in this Act;
3. Direct the speedy investigation and prosecution of all
persons accused or detained for the crime of terrorism or
conspiracy to commit terrorism and other offenses punishable
under this Act, and monitor the progress of their cases;
4. Establish and maintain comprehensive data-base
information system on terrorism, terrorist activities, and
counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements, trust
accounts, assets and records belonging to a person suspected
of or charged with the crime of terrorism or conspiracy to
commit terrorism, pursuant to Republic Act No. 9160,
otherwise known as the Anti-Money Laundering Act of 2001,
as amended;
6. Grant monetary rewards and other incentives to informers
who give vital information leading to the apprehension, arrest,
detention, prosecution, and conviction of person or persons
who are liable for the crime of terrorism or conspiracy to
commit terrorism;
7. Establish and maintain coordination with and the
cooperation and assistance of other nations in the struggle
against international terrorism; and
8. Request the Supreme Court to designate specific divisions of
the Court of Appeals and Regional Trial Courts in Manila,
Cebu City and Cagayan de Oro City, as the case may be, to
handle all cases involving the crime of terrorism or conspiracy
to commit terrorism and all matters incident to said crimes.
The Secretary of Justice shall assign a team of prosecutors
from: (a) Luzon to handle terrorism cases filed in the Regional
Trial Court in Manila; (b) from the Visayas to handle cases
filed in Cebu City; and (c) from Mindanao to handle cases filed
in Cagayan de Oro City.
Sec. 55. Role of the Commission on Human Rights. - The
Commission on Human Rights shall give the highest priority
to the investigation and prosecution of violations of civil and
political rights of persons in relation to the implementation of
this Act; and for this purpose, the Commission shall have the
concurrent jurisdiction to prosecute public officials, law
enforcers, and other persons who may have violated the civil
and political rights of persons suspected of, or detained for the
crime of terrorism or conspiracy to commit terrorism.
Sec. 57. Ban on Extraordinary Rendition. - No person
suspected or convicted of the crime of terrorism shall be
subjected to extraordinary rendition to any country unless his
or her testimony is needed for terrorist related police
investigations or judicial trials in the said country and unless
his or her human rights, including the right against torture,
and right to counsel, are officially assured by the requesting
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country and transmitted accordingly and approved by the national television and radio networks; three radio and
Department of Justice. television networks, one each in Cebu, Tacloban and lloilo; and
in five radio and television networks, one each in Lanao del
Sec. 58. Extra-Territorial Application of this Act. - Subject to Sur, Cagayan de Oro, Davao City, Cotabato City and
the provision of an existing treaty of which the Philippines is a Zamboanga City. The publication in the newspapers of local
signatory and to any contrary provision of any law of circulation and the announcements over local radio and
preferential application, the provisions of this Act shall apply: television networks shall be done in the dominant language of
(1) to individual persons who commit any of the the community. After the publication required above shall
crimes defined and punished in this Act within the terrestrial have been done, the Act shall take effect two months after the
domain, interior waters, maritime zone, and airspace of the elections are held in May 2007. Thereafter, the provisions of
Philippines; this Act shall be automatically suspended one month before
(2) to individual persons who, although physically and two months as after the holding of any election.
outside the territorial limits of the Philippines, commit, - suspended before election
conspire or plot to commit any of the crimes defined and - no jurisprudence yet
punished in this Act inside the territorial limits of the - Usually they are charged with murder or homicide. It
Philippines; is hard to prove terrorism.
(3) to individual persons who, although physically - In Zambuanga, they were terrorists but not charged
outside the territorial limits of the Philippines, commit any of with terrorism, they were charged with multiple
the said crimes on board Philippine ship or Philippine airship; murder
(4) to individual persons who commit any of said o Not charged with rebellion as well, mere
crimes within any embassy, consulate, or diplomatic premises participants are charged with a lower
belonging to or occupied by the Philippine government in an penalty.
official capacity;
(5) to individual persons who, although physically
outside the territorial limits of the Philippines, commit said
crimes against Philippine citizens or persons of Philippines
descent, where their citizenship or ethnicity was a factor in the
commission of the crime; and
- The Filipino victims are outside the country but are
killed or committed with terrorism by reason of being
a Filipino
- Persons of Philippine descent - persons who are no
longer Filipino but who have the blood of a Filipino
and is attacked because of their dissent.
- If one was a Filipino and then is already an American
citizen but in America he is attacked because of his
Filipino descent, the law still applies.

(6) to individual persons who, although physically

outside the territorial limits of the Philippines, commit said
crimes directly against the Philippine government.
- we have learned that our penal laws are only effective
within our territory but if the acts are committed
outside our territory, this law has extra-territorial
application.

Sec. 62. Special Effectivity Clause. - After the bill shall have
been signed into law by the President, the Act shall be
published in three newspapers of national circulation; three
newspapers of local circulation, one each in llocos Norte,
Baguio City and Pampanga; three newspapers of local
circulation, one each in Cebu, lloilo and Tacloban; and three
newspapers of local circulation, one each in Cagayan de Oro,
Davao and General Santos city.
The title of the Act and its provisions defining the acts of
terrorism that are punished shall be aired everyday at
primetime for seven days, morning, noon and night over three
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