EXECUTIVE SUMMARY
AND
JURISPRUDENCE
TABLE OF CONTENTS
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(c) Balance Calculation Method the name or a detailed explanation of the balance
calculation method used in determining the balance upon which the finance charge is computed.
(d) Cash Advance Fee any fee imposed for an extension of credit in the form of cash.
(e) Over-the-Limit-Fee any fee imposed in connection with an extension of credit in excess
of the amount of credit authorized to be extended with respect to such amount: Provided,
however, That in case the application or solicitation to open a credit card account for any person
under an open-end consumer credit plan be made through catalogs, magazines, or other
publications, the following additional information shall be disclosed:
1) A statement, in a conspicuous and prominent location on the application or
solicitation, that:
i) the information is accurate as of the date the application or solicitation was
printed;
ii) the information contained in the application or solicitation is subject to
change after such date;
iii) the applicant should contact the creditor for information on any change in
the information contained in the application or solicitation since it was printed;
(2) The date the application or solicitation was printed; and
(3) In a conspicuous and prominent location on the application or solicitation, a toll free
telephone number or mailing address which the applicant may contact to obtain any
change in the information provided in the application or solicitation since it was printed.
Is there any other requirement aside from disclosure?
A credit card issuer must, to the extent practicable, provide a detailed explanation and a clear
illustration of the manner by which all charges and fees are computed.
Is there any exception to the requirement of disclosure?
Yes. The disclosure may be omitted in any telephone solicitation or application if the credit card issuer:
(a) does not impose any fee in connection with paragraph (b)(1), Section 4 of this Act;
(b) does not impose any fee in connection with telephone solicitation unless the consumer
signifies acceptance by using the card;
(c) discloses clearly the information described in Section 4 of this Act in writing within thirty
(30) days after the consumer requests the card, but in no event later than the date of delivery of
the card; and
(d) discloses clearly that the consumer is not obligated to accept the card or account and the
consumer will not be obligated to pay any fees or charges disclosed unless the consumer elects
to accept the card or account by using the card.
Is there any other information required to be disclosed prior to renewal?
Yes. Except in telephone solicitations, a card issuer that imposes any fee described in Section 4 shall
transmit to a consumers credit card account a clear and conspicuous disclosure of:
1. the date by which, the month by which, or the billing period at the close of which, the account
will expire if not renewed;
2. the information described above shall be transmitted to a consumer at least thirty (30) days
prior to the scheduled renewal date of the consumers credit card account;
3. the information described in 4 (a) (1) above, which shall be transmitted to a consumers credit
card account; and
4. the method by which the consumer may terminate the continued credit availability under the
account.
Disclosure must be prior to posting a fee described in 4 (b) (1) above, or with the periodic billing
statement first disclosing that the fee has been posted to the account subject to the condition
that the consumer is given thirty (30) day period to avoid payment of the fee or to have the fee
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recredited to the account in any case where the consumer does not wish to continue the
availability of the credit.
What will happen if there is failure to disclose?
After due notice and hearing, those who fail to disclose the required information shall be subject to
suspension and cancellation of their authority to issue credit cards by the BSP, SEC and such other
government agencies.
What are the prohibited acts?
The following acts shall constitute access device fraud and are hereby declared to be unlawful:
(a) producing, using, trafficking in one or more counterfeit access devices;
(b) trafficking in one or more unauthorized access devices or access devices fraudulently applied for;
(c) using, with intent to defraud, an unauthorized access device;
(d) using an access device fraudulently applied for;
(e) possessing one or more counterfeit access devices or access devices fraudulently applied for;
(f) producing, trafficking in, having control or custody of, or possessing device-making or altering
equipment without being in the business or employment, which lawfully deals with the manufacture,
issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise
to produce, use, traffic in counterfeit access devices, unauthorized access devices or access devices
fraudulently applied for;
(h) multiple imprinting on more than one transaction record, sales slip or similar document, thereby
making it appear that the device holder has entered into a transaction other than those which said
device holder had lawfully contracted for, or submitting, without being an affiliated merchant, an
order to collect from the issuer of the access device, such extra sales slip through an affiliated
merchant who connives therewith, or, under false pretenses of being an affiliated merchant, present
for collection such sales slips, and similar documents;
(i) disclosing any information imprinted on the access device, such as, but not limited to, the account
number or name or address of the device holder, without the latter's authority or permission;
(j) obtaining money or anything of value through the use of an access device, with intent to defraud
or with intent to gain and fleeing thereafter;
(k) having in one's possession, without authority from the owner of the access device or the access
device company, an access device, or any material, such as slips, carbon paper, or any other medium,
on which the access device is written, printed, embossed, or otherwise indicated;
(l) writing or causing to be written on sales slips, approval numbers from the issuer of the access
device of the fact of approval, where in fact no such approval was given, or where, if given, what is
written is deliberately different from the approval actually given;
(m) making any alteration, without the access device holder's authority, of any amount or other
information written on the sales slip;
(n) effecting transaction, with one or more access devices issued to another person or persons, to
receive payment or any other thing of value;
(o) without the authorization of the issuer of the access device, soliciting a person for the purpose of:
1) offering an access device; or
2) selling information regarding or an application to obtain an access device; or
(p) without the authorization of the credit card system member or its agent, causing or arranging
for another person to present to the member or its agent, for payment, one or more evidence or
records of transactions made by credit card.
Note: If someone applied for a credit card but never paid, it will be covered by the Act under
Section 9 (j) if there is intent to defraud or intent to gain and fleeing thereafter. However, there
is no Supreme Court case yet clarifying this matter.
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CARNAPPING is the taking, with intent to gain, of a motor vehicle belonging to another
without the latters consent, or by means of ciolence against or intimidation of persons, or by
using force upon things. The crime of carnapping is malum prohibitum.
Motor vehicle is any vehicle propelled by any power other than muscular power using the
public highways (except: road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers,
etc.).
The law also punishes the defacing or tampering with serial numbers of motor vehicle engines,
engine blocks and chassis.
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A. Pollo vs. Civil Service Commission, G.R. No. 181881, 18 October 2011
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Definition of Child
A child refers to a person below eighteen (18) years of age or over, but is able to fully take care of
himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition.
A child shall also refer to:
- Person regardless of age who is presented, depicted or portrayed as a child as defined herein; and
- 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.
I. Punishable acts:
To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of
any form of child pornography;
To produce, direct, manufacture or create any form of child pornography;
To publish, offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form
of child pornography
To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast;
To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts
such as dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a
legitimate business;
For film distributors, theaters and telecommunication companies, by themselves or in cooperation
with other entities, to distribute any form of child pornography;
For a parent, legal guardian or person having custody or control of a child knowingly permit the
child to engage, participate or assist in any form of child pornography;
To engage in the luring or grooming of a child.
To engage in pandering of any form of child pornography.
To willfully access any form of child pornography
To conspire to commit any of these prohibited acts
To possess any form of child pornography.
II. 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.
III. Duties of an Internet Service Provider
All Internet service providers shall notify the Philippine National Police or the National Bureau of
Investigation within seven (7) days from obtaining facts and circumstances that any form of child
pornography is being committed using its server or facility.
IV. Internet Content Host Responsibility
An Internet content host shall not host any form of child pornography on its Internet address
Within seven (7) days, report the presence of any form of child pornography, as well as the
particulars of the person maintaining, hosting, distributing or in any manner contributing to such
internet address, to the proper authorities.
The Internet service provider and Internet content host shall preserve such evidence for purpose of
investigation and prosecution by relevant authorities. Furthermore, they shall, upon the request of
proper authorities, furnish the particulars of users who gained or attempted to gain access to Internet
address that contains any form of child pornography. An Internet service provider or Internet content
host who shall knowingly, willfully and intentionally violate this provision shall be criminally liable.
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Note:
The failure of the Internet content host to remove any form of child pornography
within forty-eight (48) hours from receiving the notice that any form of child
pornography is hitting its server shall be conclusive evidence of willful and intentional
violation thereof.
V. Responsibility of Mall Owners/Operators and Owners or lessors of Other
Business
Establishments
All mall 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.
Note:
The law creates a conclusive presumption of knowledge of the mall owners/operators and owners
of other business establishments of violating said Act in case there is public display of any form of
child pornography within their premises.
The law creates a disputable presumption of knowledge by mall owners/operators and owners or
lessors of other business establishments
VI. Duty of Photo developers, information technology professionals, credit card companies and
banks and any person who has direct knowledge of any form of child pornography activities
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 willful and intentional violation of the aforesaid acts or duties by persons mentioned in Roman
numeral V and VI shall be held criminally liable.
VII. 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 law. Violation of this provision on confidentiality shall be a ground for
criminal liability.
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(b) the president, manager or any officer of a firm, association, corporation or partnership or
other organization, who knew or should have known of the offense (Sec. 4).
Penalty to be imposed depends on the value of the item fenced (Sec. 3)
22k < X
exceeds 12k 22k
exceeds 6k 12k
exceeds 200 6k
exceeds 50 200
exceeds 5 but 50
X5
III.
IV.
V.
Within 72 hours after receipt of the application, examine the content of the application and the
attachments;
A. If upon presentation of proof of legitimacy of acquisition of the articles, he finds it
sufficient, shall issue the permit;
B. If he finds it insufficient, he shall either state the reason therefor in writing or:
i. Cause notice to be published, at the expense of applicant;
1. The notice shall contain:
a. Articles acquired from unlicensed dealer or supplier;
b. The names and addresses of the persons from whom they were
acquired;
c. That such articles are to be sold or offered for sale to the public
at the address of the store seeking the clearance/permit.
2. Notice shall be published
a. In a news paper of general circulation for two consecutive days;
Or
b. In the absence thereof, shall post a notice daily for 1 week on
the bulletin board of the municipal building of the town where
the store is located;
c. In the case of an individual, where the articles in his possession
are to be sold or offered for sale.
ii. If after 15 days, upon expiration of the period of publication or of the notice, no
claim is made to any of the articles, he shall issue the permit or clearance.
iii. If before expiration of the 15 days, it shall appear that any of the articles in
question is stolen:
a. The SC shall hold the article in restraint as evidence in any
appropriate case to be filed.
b. Articles held in restraint shall be kept and disposed of as the
circumstances of each case permit.
c. Shall advise/notify the Commission on Audit of the case.
If the SC finds the application insufficient, he shall state the reasons for insufficiency in writing.
The applicant may appeal the decision of the SC.
A. Within 10 days to the PNP District Superintendent and PNP Director;
B. Within 10 days from the decision, the decision of the Director may be appealed to the
Director-General;
C. Within 15 days from the decision, the decision of the Director-Generalmay be appealed
to the Secretary of National Defense, which decision is final.
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(e) Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official administrative
or judicial functions through manifest partiality, evident bad faith or gross inexcusable
negligence. This provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other concessions.
Two ways of violating Sec 3 (e):
1. by causing any undue injury to any party, including the government; and
2. by giving any party an unwarranted advantage, benefit or preference.
Elements of the crime:
1. accused are public officers or private persons charged in conspiracy with them;
2. public officers commit the prohibited acts during the performance of their official duties or in relation
to their positions
3. they cause undue injury to any party, private or the government
4. such injury is caused by giving unwarranted benefits, advantage or preference to such parties; and
5. the public officers have acted with manifest partiality, evident bad faith or gross inexcusable
negligence.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
reasonable time on any matter pending before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or
discriminating against any other interested party.
The dereliction must be without justification AND must be for the purpose of:
1. obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material
benefit in favour of an interested party, or
2. discriminating against another interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction
in connection with which he intervenes or takes part in his official capacity, or in which he is
prohibited by the Constitution or by any law from having any interest.
Elements of the crime:
1. Offender is a public officer
2. He directly or indirectly has some financial or pecuniary interest in any business, contract or
transaction
3. In connection with which he intervenes or takes part in his official capacity, or;
4. in which he is prohibited by the Constitution, or;
5. by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of which he is a member, and
which exercises discretion in such approval, even if he votes against the same or does not participate
in the action of the board, committee, panel or group.
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Here, his interest in the transaction is that it shall benefit and/or require the approval of a board, panel or
group of which he is a member, and which exercises discretion in such approval, even if he votes against or
does not participate in the same.
Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or
group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on
account of his official position to unauthorized persons, or releasing such information in advance of
its authorized release date.
What is meant by "Receiving any gift"?
It includes the act of accepting directly or indirectly a gift from a person other than a member of the
public officer's immediate family, in behalf of himself or of any member of his family or relative
within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family
celebration or national festivity like Christmas, if the value of the gift is under the circumstances
manifestly excessive.
Exception: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of
gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act.
Rules on family and other private persons:
1. Unlawful to capitalize, exploit or take advantage of family relation or close personal relation
with the public officer by directly or indirectly requesting or receiving any present, gift or
material or pecuniary advantage from any other person having some business, transaction,
application, request or contract with the government, in which such public official has to
intervene.
Family relation shall include the spouse or relatives by consanguinity or affinity in the
third civil degree.
Close personal relation" shall include close personal friendship, social and fraternal
connections, and professional employment all giving rise to intimacy which assures free
access to such public officer.
2. Unlawful for any person knowingly to induce or cause any public official to commit any of the
offenses defined in Sec 3.
Rules on certain relatives:
1. Unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil
degree, of the President, Vice-President, President of the Senate, or the Speaker of the House of
Representatives, to intervene, directly or indirectly, in any business, transaction, contract or
application with the Government.
Instances where relation with the above named officials does not disqualify one from doing business
with the government:
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a. Not applicable to any person who, prior to the assumption of office of any of the above officials to
whom he is related, has been already dealing with the Government along the same line of business.
b. Not applicable to any transaction, contract or application already existing or pending at the time of such
assumption of public office.
c. Not applicable to any application filed by him the approval of which is not discretionary on the part
of the official or officials concerned but depends upon compliance with requisites provided by law, or rules
or regulations issued pursuant to law.
d. Not applicable to any act lawfully performed in an official capacity or in the exercise of a
profession.
Prohibition for Members of Congress
Elements:
1. Offender is an incumbent Member of the Congress
2. He acquires or receives any personal pecuniary interest in any specific business enterprise
(during his incumbency)
3. Such business enterprise was directly and particularly favored or benefited by any law or
resolution
4. Such law or resolution was authored by him which was previously approved or adopted by the
Congress during the same term, or;
5. The offender having such interest prior to the approval of such law or resolution authored or
recommended by him, continues to retain such interest 30 days after the said approval.
6. Any other public officer who recommended the initiation in Congress of the enactment or
adoption of any law or resolution, and acquires or receives any such interest during his
incumbency is also liable.
Statement of Assets and Liabilities
True detailed and sworn statement of assets and liabilities, including a statement of the amounts and
sources of his income, the amounts of his personal and family expenses and the amount of income taxes
paid for the next preceding calendar year.
Every public office shall prepare and file a SAL
a. after assuming office, and within the month of January of every other year thereafter, and;
b. upon the expiration of his term of office, or;
c. upon his resignation or separation from office,
d. public officers assuming office less than two months before the end of the calendar year, may file
their statements in the following months of January.
Where to file:
a. with the office of the corresponding Department Head, or
b. in the case of a Head of Department or chief of an independent office, with the Office of the
President,
c. or in the case of Members of the Congress and the officials and employees thereof, with the
Office of the Secretary of the corresponding House
Dismissal due to unexplained wealth - a public official has been found to have acquired during his
incumbency, whether in his name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for
dismissal or removal.
Properties in the name of the spouse and unmarried children of such public official may be taken into
consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank
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deposits shall be taken into consideration in the enforcement of this section, notwithstanding any
provision of law to the contrary.
Other provisions:
Prescription of offenses - All offenses punishable under this Act shall prescribe in ten years.
Termination of office - No public officer shall be allowed to resign or retire pending an
investigation, criminal or administrative, or pending a prosecution against him, for any offense
under this Act or under the provisions of the Revised Penal Code on bribery.
Suspension and loss of benefits. Any public officer against whom any criminal prosecution under a
valid information under this Act or under the provisions of the Revised Penal Code on bribery is
pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall
lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in
the meantime administrative proceedings have been filed against him.
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Penalties
Reclusion perpetual
o if death, rape, sodomy or mutilation results therefrom
Reclusion temporal in its maximum period
o if the victim becomes insane, imbecile, impotent or blind
Reclusion temporal in its medium period
o if the victim has lost of speech or the power to hear, or to smell
o if the victim has 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.
Reclusion temporal in its minimum period
o if the victim shall become deformed
o have lost any other part of his body, or lost the use thereof
o have been ill or incapacitated for the performance or work in which he was habitually engaged
for more than 90 days.
Prison mayor in its maximum period
o If the victim shall have been ill or incapacitated for the performance or work in which he was
habitually engaged for more than 30 days
Prison mayor in its medium period
o Ill or incapacitated for 10 days or more, or
o The injury sustained requires medical assistance for the same period
Prison mayor in its minimum
o Ill or incapacitated from 1 to 9 days, or
o The injury sustained requires medical assistance for the same period
Prison correccional in its maximum period
o Victim sustained physical injuries which do not prevent him from engaging in his habitual
activity or work, or doesnt require medical attendance
Administrative Sanctions
Officials of the school or the police, military or CAT organization may impose appropriate
administrative sanctions even before conviction. The maximum penalty is imposed in the case of:
Recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of
the recruit who refuses to join
When the recruit initially consents to join but upon learning that hazing will be committed, is
prevented from quitting;
When the recruit is prevented from reporting the unlawful acts to his parents/guardians, or the
proper school authorities, or the police, through force, violence, threat or intimidation
When the hazing is committed outside of the school/institution
The victim is below 12 years at the time of the hazing
Accomplices
The owner of the place where the hazing is conducted is liable as an accomplice when he has actual
knowledge but failed to take any action to prevent it from occurring.
The parents of the members, if the hazing took place in his or her home, and they have actual
knowledge but failed to take any action.
The school authorities, including faculty members who consent to the hazing or who have
actual knowledge, but failed to take any action
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Other Principals
The officers, former officers or alumni of the organization who actually planned the hazing
although not present when the acts were committed
A fraternity or sororitys adviser who is present when the acts were committed and failed to take action
to prevent it
Prima Facie As A Principal
Presence of a person during the hazing is prima facie evidence of participation as principal
EXEMPTION: he prevented the commission of such acts
Notes
The mitigating circumstance that there was no intention to commit so grave a wrong is not
applicable.
Hazing as a prerequisite for employment is covered. Such applies to the president, manager,
director or other responsible officer of a corporation.
Psychological and emotional suffering is not included in the law.
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(ii)
(iii)
(iv)
c. Civil
12. Freezing of Accounts: Issued by Court of Appeals upon ex-parte application of AMLC after
determination of probable cause that monetary instrument or property is in any way related to
Unlawful Activity, effective immediately and for a period of 20 days unless extended Sec. 10
13. Examination of Accounts Sec. 11
a. Upon order of a competent court based on an ex parte application in cases of violation of the
AMLA where there is probable cause of money laundering, AMLC may inquire into and
examine any particular deposit or investment, including related accounts, except that no
court order is required in cases of kidnapping for ransom, drug trafficking, hijacking,
destructive arson and murder, including those perpetrated by terrorists against noncombatants and similar targets.
b. BSP inquiry into or examination of deposits or investments with any bank, when the
inquiry or examination is made in the course of the BSPs periodic of special examination of
said bank to ensure compliance with AMLA
14. AMLC; Composition and Powers Sec. 7
a. Chairman: Governor of the BSP; Members: Commissioner of Insurance Commission and
Chairman of the SEC
b. Powers:
(1) to require and receive covered transaction reports from covered institutions;
(2) to issue orders addressed to the appropriate Supervising Authority or the covered
institution to determine the true identity of the owner of any monetary instrument or
property subject of a covered transaction report or request for assistance from a foreign
State, or believed by the Council, on the basis of substantial evidence, to be, in whole or in
part, wherever located, representing, involving, or related to, directly or indirectly, in any
manner or by any means, the proceeds of an unlawful activity;
(3) to institute civil forfeiture proceedings and all other remedial proceedings through the
Office of the Solicitor General;
(4) to cause the filing of complaints with the Department of Justice or the Ombudsman for
the prosecution of money laundering offenses;
(5) to initiate investigations of covered transactions, money laundering activities and other
violations of this Act;
(6) to freeze any monetary instrument or property alleged to be proceeds of any unlawful
activity;
(7) to implement such measures as may be necessary and justified under this Act to
counteract money laundering;
(8) to receive and take action in respect of, any request from foreign states for assistance in
their own anti-money laundering operations provided in this Act;
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(9) to develop educational programs on the pernicious effects of money laundering, the
methods and techniques used in money laundering, the viable means of preventing money
laundering and the effective ways of prosecuting and punishing offenders; and
(10) to enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and -controlled
corporations, in undertaking any and all anti-money laundering operations, which may
include the use of its personnel, facilities and resources for the more resolute prevention,
detection and investigation of money laundering offenses and prosecution of offenders
15. Mutual Assistance among States: Governed by the Principles of Mutuality and Reciprocity
Sec. 13 AMLC may request for assistance from any foreign State by:
a. Tracking down, freezing, restraining, and seizing assets alleged to be the proceeds of
unlawful activity;
b. Giving information needed by the foreign state;
c. Applying for an order of forfeiture of any monetary instrument or property in court.
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INADMISSIBILITY AS EVIDENCE
GR: any record or copy obtained or secured violation of the above sections shall not be admissible in
evidence in any judicial, quasi-judicial, legislative, or administrative hearing or investigation
EXEMPTION TO THE ADMISSIBILITY
A peace officer, authorized by a court order, may use the record or any copy of such as evidence
in proceedings or trial of the crime of photo/video voyeurism, provided:
o That an order is issued upon written application; showing of reasonable grounds to
believe that such has been committed or about to be committed; evidence is essential to
the conviction
NOTES
Only female breasts are covered; male breasts are not.
Even if the nipples are not seen or shown, a part of the female breast or any portion thereof is
still covered by the law.
Even if the private parts are covered by underwear, it is still covered by the law. The law
provides that such parts may be naked or clad with undergarments.
Even if the offended party consented to the recording or making of the photo, but the not to the
broadcasting or sharing, the offending party may still be held liable under the law.
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Piracy is an exception to territoriality in criminal law. Hence, Philippine courts have jurisdiction
over piracy committed in the high seas and even in countries outside its territorial jurisdiction
Piracy is a crime against the whole world (hosteshumani generis).
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Refers to deliberate and aggravated treatement or punishment other than acts of torture
against a person under his custody at a level of severity causing suggering, gross
humiliation, or debasement to the victim (assessment of severity depends on all
circumstances)
Penalty
Reclusion perpetua
o Torture with homicide
o Torture resulting in mutilation
o Torture with rape
o Torture with other forms of sexual abuse (resulting into the imbecility, impotence,
insanity of victim)
o Torture committed against children
Offender is exluded from any special amnestly law or similar measures that will have the effect
of exempting them from any criminal proceedings and sanctions
Relationship With RPC And Other Laws
The Revised Penal Code is suppletory to RA 9475 (Section 22).
Torture as a crime shall not absorb or shall be absorbed by any other crime or felony committed
as a consequence, or as a means in the conduct or commision thereof. In which case, it 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.
No person shall be expelled, returned, or extradited to another State where there are substantial
grounds to believe that such person shall be in danger of being subjected to torture (Refouler
rule under Section 17)
40
The following acts that promote trafficking in persons shall likewise 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 and certificates of any government agency which issues these certificates
and stickers 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
41
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.
Confidentiality provision: At any stage of the investigation, prosecution and trial of an offense
under this Act, law enforcement officers, prosecutors, judges, court personnel and medical
practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked
person and the accused.
42
Prescriptive period: Trafficking cases under this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate or in a large scale shall prescribe in twenty
(20) years.
Preventive, protective and rehabilitative programsfor trafficked persons shall be implemented by
government agencies such as the DFA, DSWD, DOLE, DOJ, NCRFW, BI, PNP, POEA, DILG,
and LGUs.
Trafficked persons shall be recognized as victims of the act or acts of trafficking and as such shall
not be penalized for crimes directly related to the acts of trafficking enumerated in this Act or in
obedience to the order made by the trafficker in relation thereto. In this regard, the consent of a
trafficked person to the intended exploitation set forth in this Act shall be irrelevant.
Any provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall
be entitled to the witness protection program provided therein.
Subject to the guidelines issued by the Inter-Agency Council Against Trafficking, trafficked persons
in the Philippines who are nationals of a foreign country shall also be entitled to appropriate
protection, assistance and services available to trafficked persons under this Act: Provided, That they
shall be permitted continued presence in the Philippines for a length of time prescribed by the
Council as necessary to effect the prosecution of offenders.
The following mandatory services to trafficked persons shall be made available by concerned
government agencies to ensure the victims recovery, rehabilitation and reintegration into the
mainstream of society:
a. Emergency shelter or appropriate housing;
b. Counseling;
c. Free legal services which shall include information about the victims' rights and the procedure
for filing complaints, claiming compensation and such other legal remedies available to them, in
a language understood by the trafficked person;
d. Medical or psychological services;
e. Livelihood and skills training; and
f. Educational assistance to a trafficked child.
Sustained supervision and follow through mechanism that will track the progress of recovery,
rehabilitation and reintegration of the trafficked persons shall be adopted and carried out.
Other services for trafficked personsinclude legal assistance and Overseas Filipino Resource
Centers under Republic Act No. 8042, and The Country Team Approach under Executive Order
No. 74 of 1993.
The DFA, in coordination with DOLE and other appropriate agencies, shall have the primary
responsibility for the repatriation of trafficked persons, regardless of whether they are documented
or undocumented.
The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in persons
among extraditable offenses.
officer who participated in the commission of the crime or who shall have knowingly permitted or
failed to prevent its commission.
The registration with the Securities and Exchange Commission (SEC) and license to operate of the
erring agency, corporation, association, religious group, tour or travel agent, club or establishment,
or any place of entertainment shall be cancelled and revoked permanently. The owner, president,
partner or manager thereof shall not be allowed to operate similar establishments in a different
name.
If the offender is a foreigner, he shall be immediately deported after serving his sentence and be
barred permanently from entering the country.
Any employee or official of government agencies who shall issue or approve the issuance of travel
exit clearances, passports, registration certificates, counseling certificates, marriage license, and
other similar documents to persons, whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to observe the prescribed procedures and the
requirement as provided for by laws, rules and regulations, shall be held administratively liable,
without prejudice to criminal liability under this Act. The concerned government official or
employee shall, upon conviction, be dismissed from the service and be barred permanently to hold
public office. His/her retirement and other benefits shall likewise be forfeited.
Conviction by final judgment of the adopter for any offense under this Act shall result in the
immediate rescission of the decree of adoption.
Any person who buys or engages the services of trafficked persons for prostitution shall be
penalized as follows: First offense - six (6) months of community service as may be determined by
the court and a fine of Php50,000.00; and Second and subsequent offenses - imprisonment of one (1)
year and a fine of Php100,000.00.
In addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties derived from the commission of
the crime, unless they are the property of a third person not liable for the unlawful act; Provided,
however, That all awards for damages shall be taken from the personal and separate properties of the
offender; Provided, further, That if such properties are insufficient, the balance shall be taken from the
confiscated and forfeited properties.
44
45
46
47
of the commission of the offense. Should the offender be an alien, he shall immediately be subject to
deportation proceedings.12
Inadmissibility of evidence
Any communication or spoken word, or the existence, contents, substance, purport, effect, or meaning f
the same or any part thereof, or any information therein contained obtained or secured by any person in
violation of the law shall not be admissible in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.13
Wire-tapping, when valid
Where a peace officer, under the authority of a written order of the Court, commits such acts otherwise
declared unlawful by R.A. 4200 in cases involving:
a. Treason;
b. Espionage;
c. Provoking war and disloyalty in case of war;
d. Piracy;
e. Mutiny in the high seas;
f. Rebellion;
g. Conspiracy and proposal to commit rebellion;
h. Inciting to rebellion;
i. Sedition;
j. Conspiracy to commit sedition;
k. Inciting to sedition;
l. Kidnapping as defined by the Revised Penal Code; and
m. Violations of Commonwealth Act No. 616 (punishing espionage and other crimes against
national security.
Such officer shall not be considered violating the law provided that such written order was issued and
granted upon written application and examination under oath or affirmation of the applicant and the
witnesses that he may produce showing reasonable grounds to believe that the abovementioned crimes
has been committed, being committed, or about to be committed.14
There should also be belief that evidence that will be acquired will be essential for conviction, and that
there are no other means readily available to obtain such evidence.15
In cases of rebellion, conspiracy and proposal to omit rebellion, inciting to rebellion, sedition, conspiracy
to commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a
rebellion or acts of sedition have actually been or are being committed (i.e., not about to be
committed).16
48
49
o
o
Write, print or stamp, in plain language, or attach thereto the reason for dishonor and
refusal to pay
Explicitly state, in the notice of dishonor or refusal, that there are insufficient funds in
or credit with the drawee bank, notwithstanding receipt by it of an order to stop
payment
Rule on Evidence:
The dishonored check, having the drawees refusal to pay written, stamped or attached thereto
along with the reason thereof shall be prima facie evidenceof:
o the making or issuance of said check;
o the due presentment to the drawee for payment;
o the dishonor thereof; and
o that the same was properly dishonored for the reason stated therein
Notes:
Rationale: public interest
Credit- arrangement or understanding with the bank for the payment of such check
Gravamen of the offense is the act of issuing a worthless check or a check that is dishonored
upon its presentment for payment
B.P. 22 creates a presumption juristantum that the second element prima facie exists when the
first and third elements of the offense are presentbut such may be rebutted
o The makers knowledge is presumed from the dishonor of the check for insufficiency of
funds
B.P. 22 is a continuing/ transitory offense
o Venue is determined by the place where the elements of making, issuing or drawing of
the check and delivery thereof are committed
o May be tried in any jurisdiction where the offense was in part committed
Important periods:
1. 5 banking days- maker or issuer must make arrangements to make good the check to
escape criminal liability for issuing a rubber check;
2. 90 days- maintain sufficient funds within this period of time to destroy the prima facie
presumption of knowledge of insufficiency of funds to back up the check;
3. 180 days- failure of payee to deposit or encash the check within this period will make
the check stale or valueless, hence, no criminal action can arise therefrom
All kinds of checks are covered by the law
For the presumption of knowledge of insufficiency of funds to arise the maker must receive a
notice of dishonor and, within 5 banking days thereafter failed to satisfy the amount of the
check or make arrangements for its payment
o Must be in writing
o For corporations, the notice must be personal to the maker
There is nothing in the text of B.P. 22 which would prevent the RPC from supplementing it
B.P. 22
ESTAFA
Even though the check was issued in payment Checks should be issued concurrently and
of a pre-existing obligation, liability is reciprocally in payment of the exchange
incurred
consideration. Check should not be for a preexisting obligation
Damage or deceit id immaterial
Damage and deceit are essential
Crime against public interest (disastrous effect Crime against property
to the stability of banking system and
51
prejudice to economy)
Only drawer is liable; if juridical person, the
officer who signed the check. Indorser is NOT
liable
Drawer given 5 banking days from notice of
dishonor to make good the check
Malumprohibitum
o
o
52
53
54
The Youthful offender shall be subject to visitation and supervision by a representative of the
Department of Social Services & Development or government training institution as the court may
designate subject to such conditions as it may prescribe.
The benefits of this article shall not apply to a youthful offender who has once enjoyed
suspension of sentence under its provisions or to one who is convicted of an offense punishable by death
or life imprisonment or to one who is convicted for an offense by the Military Tribunals.
PD 1179: APPEAL
The order of the court denying an application for suspension of sentence under the provisions of
Article 192 above shall not be appealable.
RETURN OF THE YOUTHFUL OFFENDER TO THE COURT
Whenever the youthful offender has been found incorrigible or has wilfully failed to comply
with the conditions of his rehabilitation programs, or should his continued stay in the training
institution be inadvisable, he shall be returned to the committing court for the pronouncement of
judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the court
shall determine whether to dismiss the case in accordance with the extent preceding article or to
pronounce the judgment conviction. In the latter case, the convicted offender may apply for probation
under the provisions of Presidential Decree Numbered Nine Hundred and Sixty-Eight.
In any case covered by this article, the youthful offender shall be credited in the service of his
sentence with the full time spent in actual commitment and detention effected under the provisions of
this Chapter.
55
The mere commission of said act is what constitutes the offense punished and it suffices to
validly charge and convict the individual caught committing the act regardless of criminal
intent(People vs. Tang WaiLan, G.R. Nos. 118736-37, July 23, 1997).
Violation is deemed a wrong against society as a whole and is generally unattended with any
particular harm to a definite person (People vs. Doria, G.R. No. 125299, January 22, 1999).
introducing any dangerous drug into the body, during parties, social gatherings or meetings, or
in the proximate company of at least two (2) persons.
4. The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory 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 (Sec. 8).
Program for Treatment and Rehabilitation of Drug Dependents
A drug dependent or any person who violates Section 15 may:
1. Voluntarily submit himself/herself, or through his/her parent, spouse, guardian or relativie
within the fourth degree of consanguinity or affinity, to confinement, treatment and
rehabilitation. Upon such application, the DDB shall bring the matter to the Court which shall
order that the applicant be examined for drug dependency. If the examination results in the
issuance of a certification that the applicant is a drug dependent, he/she shall be ordered by the
Court to undergo treatment and rehabilitation in a Center designated by the Board for a period
of not less than six (6) months(Sec. 54), and be:
(a) Exempt from criminal liability (Sec. 55);
(b) If he does not qualify for exemption from criminal liability, he shall be placed on
probation and undergo a community service (Sec. 57); or
(c) If the drug dependent is not rehabilitated after the second commitment to the Center
under the voluntary submission program, shall be charged for violation of Section 15
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(Sec. 58).
2. Compulsorily confinedif herefuses to apply under the Voluntary Submission Programupon
petition by the DDB or any of its authorized representative, be confined for treatment and
rehabilitation in any Center duly designated or accredited for the purpose(Sec. 61).
Jurisdiction Over Dangerous Drugs Cases
The Supreme Court shall designate special courts from among the existing Regional Trial
Courts in each judicial region to exclusively try and hear cases involving violations of this Act. The DOJ
shall designate special prosecutors to exclusively handle cases involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within a period of
thirty (30) days from the date of their filing.When the preliminary investigation is conducted by a public
prosecutor and a probable cause is established, the corresponding information shall be filed in court
within twenty-four (24) hours from the termination of the investigation. If the preliminary investigation
is conducted by a judge and a probable cause is found to exist, the corresponding information shall be
filed by the proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the
case. Trial of the case under this Section shall be finished by the court not later than sixty (60) days
from the date of the filing of the information. Decision on said cases shall be rendered within a period of
fifteen (15) days from the date of submission of the case for resolution.(Sec. 90)
59
Penalties
Where the offender is a minor, the penalty for acts punishable by life imprisonment to death
provided herein shall be reclusion perpetua to death (Sec. 98).
In the imposition of the proper penalty, the courts, taking into account the circumstances
attendant in the commission of the offense, are given the discretion to impose either life imprisonment
or death, and the fine as provided for by law. However, pursuant to R.A.9346, the imposition of the
death penalty has been prohibited. Consequently, the penalty shall only be life imprisonment to fine.
Accessory Penalties
A person convicted under this Act shall be disqualified to exercise his/her civil rights such as
but not limited to, the rights of parental authority or guardianship, either as to the person or property of
any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political
rights such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended
during the pendency of an appeal from such conviction (Sec. 35).
Immunity from Prosecution and Punishment
Any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily
gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well
as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading
to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies
against such persons as described above, shall be exempted from prosecution or punishment for the
offense with reference to which his/her information of testimony were given, and may plead or prove
the giving of such information and testimony in bar of such prosecution,provided, that the following
conditions concur:
1. The information and testimony are necessary for the conviction of the persons described
above;
2. Such information and testimony are not yet in the possession of the State;
3. Such information and testimony can be corroborated on its material points;
4. The informant or witness has not been previously convicted of a crime involving moral
turpitude, except when there is no other direct evidence available for the State other than the
information and testimony of said informant or witness;
5. The informant or witness shall strictly and faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed by the State as further consideration for
the grant of immunity from prosecution and punishment.
6. That this immunity may be enjoyed by such informant or witness who does not appear to be
most guilty for the offense with reference to which his/her information or testimony were
given; and
7. That there is no direct evidence available for the State except for the information and
testimony of the said informant or witness.
Plea-bargaining is not allowed for any person who is charged under any provision of this Act,
regardless of the imposable penalty (Sec. 23).
The Probation Law does not apply to any person convicted of drug trafficking orpushing,
regardless of the penalty imposed by the Court (Sec. 24).
The Indeterminate Sentence Law applies to drug offenses when the penalty to be imposed does
not involve life imprisonment, reclusion perpetua, or death, provided, that the penalty as ultimately
resolved will exceed one (1) year imprisonment.
61
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
f.
an arsenal, fireworks factory, or government museum; and
g. a storehouse or factory of explosive materials located in an inhabited place; or regardless
of what is burned, if the arson is perpetrated by two or more persons (Sec. 10);
Rape attended by any of the following circumstances:
a.
the rape is committed with a deadly weapon;
b.
the rape is committed by two or more persons; and
c.
the rape is attempted or frustrated and committed with homicide (Sec. 11);
Plunder involving at least P50 million (Sec. 12);
Importation of prohibited drugs (Sec. 13);
Sale, administration, delivery, distribution, and transportation of prohibited drugs (Sec 13);
Maintenance of den, dive or resort for users of prohibited drugs (Sec 13);
Manufacture of prohibited drugs ((Sec 13);
Possession or use of prohibited drugs in certain specified amounts (Sec 13);
Cultivation of plants which are sources of prohibited drugs (Sec 13)
Importation of regulated drugs (Sec 13);
Manufacture of regulated drugs (Sec 13);
Sale, administration, dispensation, delivery, transportation, and distribution of regulated
drugs (Sec 13);
Maintenance of den, dive, or resort for users of regulated drugs (Sec. 15);
Possession or use of regulated drugs in specified amounts (Sec. 16);
Misappropriation, misapplication or failure to account dangerous drugs confiscated by the
arresting officer (Sec.17);
Planting evidence of dangerous drugs in person or immediate vicinity of another to implicate
the latter (Sec. 19); and
Carnapping where the owner, driver or occupant of the carnapped motor vehicle is killed or
raped (Sec. 20)
62
19
63
65
66
5. Submitting eligibility requirements of whatever kind and nature that contain false information or
falsified documents calculated to influence the outcome of the eligibility screening process or conceal
such information in the eligibility requirementswhen the information will lead to a declaration of
ineligibility from participating in public bidding.
6. Submitting Bidding Documents of whatever kind and nature that contain false information or
falsified documents or conceal such information in the Bidding Documents, in order to influence the
outcome of the public bidding.
7. Participating in a public bidding using the name of another or allow another to use ones name for
the purpose of participating in a public bidding.
8. Withdrawing a Bid, after it shall have qualified as the Lowest Calculated Bid/Highest Rated
Bid, or refuse to accept an award, without just cause or for the purpose of forcing the Procuring Entity
to award the contract to another bidder. This shall include the non-submission within the prescribed
time, or delaying the submission of requirements such as, but not limited to, performance security,
preparatory to the final award of the contract.
When the bidder is a juridical entity, criminal liability and the accessory penalties shall be imposed on
its directors, officers or employees who actually committed the foregoing acts.
In a public bidding, there must be competition that is legitimate, fair, and honest. Thus, the three
principles of a public bidding are:
1. the offer to the public;
2. an opportunity for competition; and
3. a basis for exact comparison of bids.
A contract granted without the competitive bidding required by the law is void, and the party to whom
it is awarded cannot benefit from it.21
21Oani
67
II.
III.
The law defines and punishes the crime of terrorism. Terrorism is defined as,
a. The commission of any of the crimes of:
i. Under the Revised Penal Code
1. Piracy in General and Mutiny in the High Seas or in the Philippines
Waters (Article 122)
2. Rebellion or Insurrection (Article 134)
3. Coup detat, including acts committed by private persons (Article 134-a)
4. Murder (Article 248)
5. Kidnapping and Serious Illegal Detention (Article 267)
6. Crimes Involving Destruction (Article 324)
ii. Under Special Laws
1. The Law on Arson (P.D. 1613)
2. Toxic Substances and Hazardous and Nuclear Waste Control Act of
1990 (R.A. 6969)
3. Atomic Energy Regulatory and Liability Act of 1968 (R.A. 5207)
4. Anti-Hijacking Law (R.A. 6235)
5. Anti-piracy and Anti-highway Robbery Law of 1974 (P.D. 532)
6. Decree Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives (P.D. 1866)
b. thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace
c. in order to coerce the government to give in to an unlawful demand
Requirements for Terrorism
a. The accused (an individual or a group) commits any of the above-enumerated crimes
b. There results a condition of widespread and extraordinary fear and panic among the
populace
i. The extent and degree of fear and panic, including the number of people affected
in order to meet the term populace, are questions of facts to be determined by
the courts and on a case to case basis.
c. The purpose of the accused must be to coerce the government to give into an unlawful
demand
i. The word demand is too broad as to cover not only political, criminal or
monetary demands but also those which may be categorized as social or
economic. This is however qualified by the word unlawful.
Penalties
a. Principal/Conspiracy Forty (40) years of imprisonment, without the benefit of parole
68
IV.
V.
VI.
VII.
b. Accomplice Seventeen (17) years, four (4) months and one (1) day to Twenty (20)
years of imprisonment
c. Accessory Ten (10) years and one (1) day to Twelve (12) years of imprisonment
Surveillance of Suspects and Interception and Recording of Communications
a. A police or law enforcement official and the members of his team may, upon written order
of the Court of Appeals, listen to, intercept and record [] any communication,
conversation, discussion, or spoken or written words between members of
i. A judicially declared and outlawed terrorist organization, association, or group
of persons, or
ii. Of any person charged with or suspected of the crime of terrorism or conspiracy
to commit terrorism.
b. The Judicial Authorization can only be issued by the Court of Appeals:
i. Upon an ex parte written application of a police or of a law enforcement official
who has been duly authorized in writing by the Anti-Terrorism Council
ii. Upon examination under oath or affirmation of the applicant and the witnesses
he may produce to establish
1. Probable cause that terrorism/conspiracy to commit terrorism has been
committed, or is about to be committed;
2. Probable cause 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
3. That there is no other effective means readily available for acquiring
such evidence.
iii. Effectivity period of the Judicial Authorization
1. Time specified in the written order, which shall not exceed thirty (30)
days from the date of receipt of said order by the applicant
2. Extendable or renewable for another non-extendable period of not
exceeding thirty (30) days from expiration of original period.
iv. Filing of information and Notification
1. The applicant police/law enforcement official shall have thirty (30) days
after the termination of the period granted by the Court of Appeals
within which to filed the appropriate case
2. If no case is filed within the thirty (30)-day period, the police/law
enforcement official shall immediately notify the person subject of the
surveillance.
Custody of Intercepted and Recorded Communications
a. All tapes, discs, and recordings, excerpts, summaries, etc. shall, within 48 hours after
the expiration of the period fixed in the Judicial Authorization or its renewed/extended
period, be deposited with the authorizing division of the Court of Appeals.
b. The law enforcement official and his team shall execute a joint affidavit pursuant to
Section 12 of the law
Proscription of Terrorist Organizations, Association, or Group of Persons
a. Any organization, association, or group or persons (i) organized for the purpose of
engaging in terrorism, or which, (ii) although not organized for that purpose, actually
uses acts of terrorism
i. Upon application for the Department of Justice before a competent Regional
Trial Court
ii. With due notice and opportunity to be heard given to such organization, etc.
Arrest of Suspected Terrorist
a. A suspected terrorist may be arrested by any law enforcement personnel provided:
i. The law enforcement agent was duly authorizes in writing by the AntiTerrorism Council
69
VIII.
IX.
X.
ii. The arrest was the result of a surveillance or examination of bank deposits
b. Upon arrest and prior to actual detention, the law enforcement agent must present the
suspected terrorist before any judge, at the latters residence or office nearest the place
of arrest, at any time of the day or night. The judge shall, within 3 days, submit a
written report of the presentation to the court where the suspect shall have been
charged.
c. Immediately after taking custody of a person charged or suspected as a terrorist, the
police or law enforcement personnel shall notify in writing the judge of the nearest
place of apprehension or arrest, but it the arrest is made during non-office hours, the
written notice shall be served at the nearest residence of the judge nearest the place of
arrest.
d. Restriction on Travel
i. In cases where evidence of guilty is not strong, the person charged with the
crime is entitled to bail, with limitation to the right of travel of the accused
within the municipality or city where he resides or where the case is pending.
ii. Travel outside, without authorization of the court, shall be deemed a violation
of the terms and conditions of his bail.
iii. He may also be placed under house arrest.
Period of Detention in the Event of an Actual or Imminent Terrorist Attack
a. In the event of an actual or imminent terrorist attack, suspects may not be detained for
more than 3 days without the written approval of the Human Rights Commission, or
judge of the MTC/RTC, Sandiganbayan or Court of Appeals nearest the place of arrest.
b. If the arrest was on a non-working daw or hour, the person arrested shall be brought to
the residence of any of the above named officials nearest the place of arrest.
c. The 3-day period is counted from the moment the person charged or suspected as
terrorist has been apprehended or arrested, detained and taken into custody.
d. The custodial unit shall keep an official logbook detailing the name of the person
arrested, the date and time of initial admission for custody and arrest state his health;
date and time of removal from his cell and his return thereto; date and time of visits and
by whom; all other important date bearing on his treatment while under arrest and
custody
Other acts punished as offenses in relation to the arrest/detention of suspected terrorists
a. Violation of the rights of a person detained
i. Right to be informed of the nature and cause of the arrest; to remain silent; to
counsel (Miranda Rights)
ii. To communicate and confer with counsel at any time without restriction
iii. To communicate at any time and without restrictions with members of family
or relatives and be visited by them
iv. To avail of the services of a physician of choice
b. Offenses relating to an official log book
i. Failure to keep an official logbook
ii. Failure to promptly issue a certified true copy of the entries of the log book
upon demand of lawyer/s, members of the family or relative within the 4th civil
degree of consanguinity or affinity, physician.
c. Using threat, intimidation coercion, inflicting physical pain, or torment or mental,
emotional, moral or psychological pressure which shall vitiate the free will
d. Infidelity in the custody of detained persons
e. Knowingly furnishing false testimony, forged document or spurious evidence in any
investigation or hearing under the law
Judicial Authority to Examine Bank Deposits
a. Written order issued by the authorizing division of the Court of Appeals
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XI.
XII.
XIII.
XIV.
b. Upon an ex parte application of a police or a law enforcement official who has been duly
authorized in writing by the Anti-Terrorism Council
c. 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 back deposits, placements, trust accounts, assets, and records, of
i. Person charged/suspected of the crime of terrorism or conspiracy to commit
terrorism
ii. Judicially declared and outlawed terrorist organizations
iii. Any member of such organization
d. Effectivity
i. Effective for the length of time specified in the written order which shall not
exceed a period of 30 days from the date of receipt by the applicant
ii. Extendable/renewable for another period which shall not exceed 30 days
renewable to another 30days from the expiration of the original period.
e. Filing of case and Notification
i. The applicant law enforcement official shall have 30 days after the termination
of the period to file the appropriate case
ii. If no case is filed within the 30 days period, the applicant shall immediately
notify in writing the person subject of the bank examination and freezing of
account.
f. Same rules as to Custody, Joint-Affidavit, Disposition, Application to Open
g. The bank or financial institution concerned shall not refuse to allow such examination
or to provide the desired information.
Continuous Trial
a. To ensure speedy trial, the judge shall set the case for continuous trial on a daily basis
from Monday to Friday or other short-term trial calendar
Consequences of Prosecution Under This Law
a. Prosecution under this act shall be a bar to another prosecution under the RPC or any
other special law for any offense or felony which is necessarily included in the offense
charged
b. If the suspect is acquitted, he is entitled to P500,000.00 for every day of detention
without a warrant of arrest
i. Any person who delays the release or refuses to release the amount shall be
punished by imprisonment of 6 months
ii. He should be release within 15 days from the date of acquittal of the accused.
Provisions on the Identity of the Informant
a. The officer to whom the name of the suspect was first revealed shall record the real
name and specific address of the informant and shall report the same to his superior
officer who shall in turn transmit the information to the Congressional Oversight
Committee within 5 days after the suspect was placed under arrest, or his properties
sequestered, seized, or frozen.
i. The data shall be considered confidential and shall not be revealed until after
the proceedings against the suspect shall have been terminated.
Territorial Application of the Law
a. The law applies to any person who committed an act covered by the law if committed:
i. Within the terrestrial domain, interior waters, maritime zone and airspace of
the Philippines
ii. Inside the territorial limits of the Philippines
iii. On board a Philippine ship or airship
iv. Within any embassy, consulate, diplomatic premises belonging to or occupied
by the Philippines government in an official capacity
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XV.
XVI.
ACTS PUNISHED
Terrorism and Conspiracy
Accomplice
Accessory
Failure to notify the subject (when no case is filed
30 days after surveillance)
Removal, deletion, expunction, incineration,
shredding or destruction of surveillance materials
Violation of proscription in the execution of join
affidavit as required by Section 12
Failure to notify the subject (application for
Judicial Authority for surveillance)
Failure to notify the concerned party (application
to open the deposited sealed envelope/package
containing the surveillance materials)
Unauthorized or malicious interceptions and/or
recordings
Maliciously obtaining Judicial Authority from the
Court of Appeals
PENALTIES
40 years of imprisonment, without the benefit of
parole
17 years, 4 months and 1 day 20 years of
imprisonment
10 years and 1 day 12 years of imprisonment
10 years and 1 day 12 years of imprisonment
6 years and 1 day 12 years of imprisonment
10 years and 1 day 12 years of imprisonment
6 years and 1 day 8 years of imprisonment
6 years and 1 day 8 years of imprisonment
10 years and 1 day 12 years of imprisonment
a financial institution
Maliciously obtaining authority from the Court of
Appeals (examination of bank)
Defying a court authorization (Bank officials and
employees)
False
or
untruthful
statement
or
misrepresentation of material fact in JointAffidavits (required by Sec. 12 and 32)
Unjustified refusal to follow the order of the Court
of Appeals authorizing the accused to withdraw
sequestered/frozen property
Unjustified refusal to restore/delay in restoring
seized/sequestered/frozen bank deposits, etc.
Loss,
misuse,
diversion,
dissipation
of
seized/sequestered, frozen bank deposits, etc.
Infidelity in the custody of detainee (prisoner of
final judgment)
Infidelity in the custody of detainee (detention
prisoner)
Unauthorized revelation of classified materials
Furnishing false evidence, forged document or
spurious evidence
73
Added several punishable acts under the law, including importation of prohibited articles
Provides for penalty for the owner, president, manager, director or other responsible officer of
public or private corporations or entities in violation of the law
74
Penalty when violation is a necessary means for committing crimes in the RPC or special laws
Application of double jeopardy, in so far as it is favorable to the accused, when violation was a
necessary means in committing the offense
Provision for a continuous trial for cases of violation
Authority to import, sell or possess chemicals or accessories for explosives, duty to record such
transactions and cancellation of license in case of violation
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76
22
77
Computation of ISL
For felonies under the RPC:
First, determine the maximum period by considering the presence of modifying circumstances
applying the rules under Art. 64, RPC. Privileged mitigating circumstances must first be considered
before applying the said rules.23
Computing maximum term:
If punished under RPC: Apply the rules of RPC (e.g. attending circumstances such as mitigating,
aggravating, privileged mitigating), meaning it should be within the proper period of the penalty that
may be imposed were the sentence is a penalty.24The mitigating or aggravating circumstance is required to be
considered only in the imposition of the maximum term of the indeterminate sentence.25
If punished by any other law: Should not exceed the maximum term fixed by that law
Computing minimum term:
If punished under RPC: The minimum term shall be within the range of the penalty next lower to
that prescribed by the Code for the offense
The penalty next lower must be based on the penalty prescribed by the Code for the offense, without
considering in the meantime the modifying circumstances, such as, the mitigating or aggravating
circumstances.26
Within the range means it does not make reference to the three periods into which it may be
subdivided.27
If punished by any other law: Should not be less than the minimum term fixed by that law
For Complex felonies:
For purposes of determining the next lower degree, the full range of the penalty prescribed by the
law for the offense, not merely the imposable penalty because of its complex nature, should, a priori, be
considered.28
For violations of special penal laws:
For violation of special penal laws, the maximum term shall be any period not to exceed the
maximum fixed by the said law and the minimum shall be any period not less than the minimum term
prescribed by the same. This is due to the fact that in special laws, there are no mitigating or
aggravating circumstances, or periods of divisible penalty. 29
Parole and Pardon:
In parole, the minimum sentence must be served; in pardon, service is not required for the grant
thereof. Parole is a benefit granted by law, specifically the ISL; pardon is an exercise of the power of the
President under the Constitution.30
24Basan
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a. Age 15 or under at the time of the commission of the offense: exempt from
criminal liability. However, the child shall be subjected to an intervention program.
b. Age above 15 but below 18 years: shall likewise be exempt from criminal liability and
be subjected to an intervention program, unless he/she has acted with discernment, in
which case, such child shall be subjected to the appropriate proceedings in accordance
with this Act.
* Note that the exemption from criminal liability herein established DOES NOT include
exemption from civil liability, which shall be enforced in accordance with existing laws.
Determination of age
The child in conflict with the law shall enjoy the presumption of minority. He/She
shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen
(18) years old or older. The age of a child may be determined from the child's birth certificate,
baptismal certificate or any other pertinent documents. In the absence of these documents, age
may be based on information from the child himself/ herself, testimonies of other persons, the physical
appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall
be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior to the filing of
the information in any appropriate court may file a case in a summary proceeding for the
determination of age before the Family Court which shall decide the case within twenty-four(24)
hours from receipt of the appropriate pleadings of all interested parties.
If a case has been filed against the child in conflict with the law and is pending in the
appropriate court, the person shall file a motion
Treatment Of Children Below The Age Of Criminal Responsibility
If it has been determined that the child taken into custody is 15 years old or below, the
authority which will have an initial contact with the child has the duty to immediately release the child
to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said
authority shall give notice to the local social welfare and development officer who will determine the
appropriate programs in consultation with the child and to the person having custody over the child. If
the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child
may be released to any of the following centers listed in Sec. 20 of this act.
Punishable acts
1. Labeling and Shaming. - In the conduct of the proceedings beginning from the initial
contact with the child, the competent authorities must refrain from branding or labeling
children as young criminals, juvenile delinquents, prostitutes or attaching to them in any
manner any other derogatory names.
Likewise, no discriminatory remarks and practices shall be allowed particularly
with respect to the child's class or ethnic origin (Sec. 60).
2. Other Prohibited Acts. - The following and any other similar acts shall be considered
prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and
physical health and well-being of the child in conflict with the law and therefore,
prohibited:
(a) Employment of threats of whatever kind and nature;
(b) Employment of abusive, coercive and punitive measures such as cursing, beating,
stripping, and solitary confinement;
(c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the
heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict
with the law, or forcing him/her to walk around the community embarrass,
(d) wearing humiliate, signs and which degrade his/her personality and dignity; and
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Compelling the child to perform involuntary servitude in any and all forms under any and all
instances (Sec. 61).
To determine the age of the child in the same court where the case is pending. Pending
hearing on the said motion, proceedings on the main case shall be suspended. (Sec. 7).
Status Offenees.
Any conduct not considered an offense or not penalized if committed by an adult shall not be
considered an offense and shall not be punished if committed by a child(Sec. 57).
Offenses Not Applicable to Children.
Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of
vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under
Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such
prosecution being inconsistent with the United Nations Convention on the Rights of the Child:
Provided, That said persons shall undergo appropriate counseling and treatment program(Sec. 58).
Exemption from the Application of Death Penalty.
The provisions of the Revised Penal Code, as amended, Republic Act No. 9165, otherwise known
as
the Comprehensive Dangerous Drugs Act of 2002, and other special laws notwithstanding, no death
penalty shall be imposed upon children in conflict with the law(Sec. 59).
Juvenile justice and welfare system
Juvenile Justice and Welfare System refers to a system dealing with children at risk and children in
conflict with the law, which provides child-appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal
growth and development (Sec. 4[m]).
"Diversion" refers to an alternative, child-appropriate process of determining the offense
without resorting to formal court 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.
"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 proceedings.
"Intervention" refers to a series of activities which are designed to address issues that
caused the child to commit an offense. It may take the form of an individualized treatment
program which may include counseling, skills training, education, and other activities that will
enhance his/her psychological, emotional and psycho-social well-being.
81
If any other law punishes the acts committed, higher penalty is imposed.
Obstruction of Justice vis--vis Accessories under par. 3 of Art. 19 of the RPC
Obstruction of Justice
Accessory
Punished as a SEPARATE CRIME Part of the ORIGINAL CRIME
Offender punished as a Principal
Offender punished as an Accessory
Covers different prohibited acts in Punishes the act of HARBORING,
the
APPREHENSION, CONCEALING, or ASSISTING in the
INVESTIGATION
and Escape of a Principal of a crime
PROSECUTION of the crime
Punishes both public and private Punishes a PUBLIC OFFICIAL who
individuals,
but
provides
an acts with abuse of public functions or
additional penalty for a PUBLIC PRIVATE INDIVIDUALS but only in
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OFFICIAL; and does not limit crimes of treason, attempt on the life of
application to particular crimes
the Chief Executive, murder, parricide
or a principal known to be habitually
guilty of some other crime.
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84
The grant of probation rests solely upon the discretion of the court which is to be exercised primarily
for the benefit of organized society, and only incidentally for the benefit of the accused. The Probation
Law should not therefore be permitted to divest the state or its government of any of the latters
prerogatives, rights or remedies, unless the intention of the legislature to this end is clearly expressed,
and no person should benefit from the terms of the law who is not clearly within them.38
Conditions
Every probation order issued by the court shall contain conditions requiring that the probationer shall:
a. present himself to the probation officer designated to undertake his supervision at such place as
may be specified in the order within seventy-two hours from receipt of said order;
b. report to the probation officer at least once a month at such time and place as specified by said
officer.39
Grounds for denial
Probation shall be denied if the courts find that:
a. the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution;
b. there is undue risk that during the period of probation the offender will commit another crime;
or
c. probation will depreciate the seriousness of the offense committed.40
Grounds for disqualification
The benefits of this Decree shall not be extended to those:
a. sentenced to serve a maximum term of imprisonment of more than six years;
b. convicted of any offense against the security of the State;
c. who have previously been convicted by final judgment of an offense punished by imprisonment
of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;
d. who have been once on probation under the provisions of this Decree; and
e. who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof;41
f. who have perfected an appeal because appeal and probation are mutually exclusive remedies;42
g. who committed election offenses punishable with imprisonment of not less than one (1) year but
not more than six (6) years with disqualification for probation;43 and
h. who maliciously reported money laundering transactions. 44
Duration
The period of probation of a defendant sentenced to a term of imprisonment of not more than one year
shall not exceed two years, and in all other cases, said period shall not exceed six years.45
When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in
case of insolvency, the period of probation shall not be less than nor to be more than twice the total
number of days of subsidiary imprisonment as computed at the rate established, in Article thirty-nine of
the Revised Penal Code, as amended.46
Id.
Sec. 10, P.D. No. 968.
40 Sec. 8, P.D. No. 968.
41 Sec. 9, P.D. No. 968.
42 Sec. 4, P.D. No. 968.
43 R.A. 9160, as amended by R.A. 9194.
44 Id.
45 Sec. 14, P.D. No. 968.
46 Id.
38
39
85
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.
2. Child Trafficking
- Includes, but is 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 imposed in its maximum period when the
victim is under twelve (12) years of age.
- 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 a
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.
3. Obscene Publication 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.
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.
4. Other Acts of Abuse
(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation or 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.
(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 shall suffer the penalty of prision mayor in its maximum period and a fine
of not less than Fifty thousand pesos (P50,000.00)
- 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.
(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 shall suffer the
o
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penalty of prision mayor in its medium period and a fine of not less than Forty thousand
pesos (P40,000.00)
- should the perpetrator be an ascendant, stepparent or guardian of the minor, the
penalty to be imposed shall be prision mayor in its maximum period, a fine of not
less than Fifty thousand pesos (P50,000.00), 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 herein
described shall be imposed a penalty of prision mayor in its medium period and a fine of not
less than Fifty thousand pesos (P50,000.00), and the loss of the license to operate such a
place or establishment.
(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 prisioncorreccional 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 Revised Penal
Code, 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 Articles 337, 339, 340 and 341 of Act
No. 3815, as amended, the Revised Penal Code, 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 of age.
The victim of the acts committed under this section shall be entrusted to the care of the
Department of Social Welfare and Development.
5. Sanctions for Establishments and Enterprises
- All establishments and enterprises which promote or facilitate child prostitution and other
sexual abuse, child trafficking, obscene publications and indecent shows, and 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 Revised Penal Code, as amended, or special laws.
A sign with the words "off limits" shall be conspicuously displayed outside the
establishments or enterprises by the Department of Social Welfare and Development 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 prisioncorreccional.
- An establishment shall be deemed to promote or facilitate child prostitution and other
sexual abuse, child trafficking, obscene publications and indecent shows, and other acts of
abuse if the acts constituting the same occur in the premises of said establishment under this
Act or in violation of the Revised Penal Code, as amended. An enterprise such as a sauna,
travel agency, or recruitment agency which; promotes the aforementioned acts as part of a
tour for foreign tourists; exhibits children in a lewd or indecent show; provides child
masseurs for adults of the same or opposite sex and said services include any lascivious
conduct with the customers; or solicits children or activities constituting the
aforementioned acts shall be deemed to have committed the acts penalized herein
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Remedial Procedures
1. Who may file a complaint:
a) Offended party
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
e) Officer or social worker of the Department of Social Welfare and Development
f) Barangay chairman
g) At least three (3) concerned responsible citizens where the violation occurred
2. Protective Custody of the Child
- In the regular performance of this function, the officer of the Department of Social Welfare
and Development shall be free from any administrative, civil or criminal liability.
3. Confidentiality
- At the instance of the offended party, his name may be withheld from the public until the
court acquires jurisdiction over the case.
- 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 broadcasting, producer and
director of the film in case of the movie industry, to cause undue and sensationalized
publicity of any case of violation of this Act which results in the moral degradation and
suffering of the offended party.
4. Special Court Proceedings
- Cases involving violations of this Act shall be heard in the chambers of the judge of
the Regional Trial Court duly designated as Juvenile and Domestic Court.
- Any provision of existing law to the contrary notwithstanding and with the exception of
habeas corpus, election cases, and cases involving detention prisoners and persons covered
by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of
cases involving violations of this Act.
Common Penal Provisions
1. The penalty provided under this Act shall be imposed in its maximum period if the offender
has been previously convicted under this Act;
2. When the offender is a corporation, partnership or association, the officer or employee
thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its
maximum period;
3. The penalty provided herein shall be imposed in its maximum period when the perpetrator is
an ascendant, parent guardian, stepparent or collateral relative within the second degree
of consanguinity or affinity, or a manager or owner of an establishment which has no
license to operate or its license has expired or has been revoked;
4. When the offender is a foreigner, he shall be deported immediately after service of sentence
and forever barred from entry to the country;
5. The penalty provided for in this Act shall be imposed in its maximum period if the offender is a
public officer or employee: Provided, however, That if the penalty imposed is
reclusion perpetua or reclusion temporal, then the penalty of perpetual or temporary absolute
disqualification shall also be imposed: Provided, finally, That if the penalty imposed is
prisioncorreccional or arresto mayor, the penalty of suspension shall also be imposed; and
A fine to be determined by the court shall be imposed and administered as a cash fund by the
Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim,
or any immediate member of his family if the latter is the perpetrator of the offense.
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