2.
3.
4.
5.
6.
7.
8.
9.
OF
28. OBSTRUCTION OF
Decree No. 1829
11. HUMAN SECURITY ACT OF 2007 (THE ANTITERRORISM LAW) - Republic Act No. 9372
JUSTICE-
OF
1972-
ARSON
Presidential
____________________________________________
1979-
ACT
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RPC
Maximum
term
-shall not
exceed the
max. fixed by
law
-That, in view of
the attending
circumstances,
could be properly
imposed under
the rules of the
said Code
Minimum
term
-shall not be
less than
minimum fixed
by law
*NOTE:
-Rules in offsetting are not applicable in crimes
punished under a SPECIAL LAW. The presence of any
generic aggravating and ordinary mitigating
circumstances will not affect the proper imposition of
the penalty.
-If the maximum term arrived and it does not exceed 1
year, ISLAW will not apply.
-If the sentence is imprisonment of 12 years and 1 day
for violation of Comprehensive Drugs Act, the same is
not correct as ISLAW mandates the Court to set the
minimum and maximum term of the indeterminate
sentence.
May the privileged mitigating circumstance of
minority be appreciated even if the penalty imposed
is originally an indivisible penalty?
Yes. ISLAW is applicable because the penalty
which has been originally an indivisible penalty
(reclusion perpetua to death), where ISLAW is
inapplicable, became a divisible penalty (reclusion
temporal) by virtue of the presence of the privileged
mitigating circumstance of minority. (People
vs.
Allen Udtojan Mantalaba, G.R. No. 186227: July 20,
2011)
__________________________________________
PROBATION LAW
[BAR Q. 2012, 2010, 2009, 2005, 2004, 2003, 2002,
2001, 1997, 1995, 1994, 1993, 1992, 1990, 1986]
_____________________________________________
[BAR Q.1986,1989] The purposes of probation are as
follows:
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_____________________________________________
THE ANTI-GRAFT AND CORRUPT PRACTICES ACT
Republic Act No. 3019
[BAR Q. 2012, 2011, 2010, 2009, 2003, 2000, 1999, 1997,
1991, 1990, 1988, 1985]
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__________________________________________
ANTI-VIOLENCE AGAINST WOMEN ANDTHEIR
CHILDREN ACT OF 2004
Republic Act No. 9262
[BAR 2011, 2010]
_____________________________________________
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BAR Q. [2010]
A. Define Battered Woman Syndrome. It refers to a
scientifically defined pattern of psychological and
behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse.
-
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___________________________________________
BP.22 DOES NOT COVER MANAGERS CHECK AND
CASHIERS CHECK. It is as good as the money it
represents and is therefore deemed as cash.
BP.22 COVERS ACCOMODATION OR GUARANTEE
CHECK.
BP.22 COVERS CROSSED CHECK since it is a negotiable
instrument. It falls within the coverage of BP. 22.
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FROM
PRE-
really false. (Dy vs. People, 571 SCRA 59, November 14,
2008)
Damage as an element of estafa may consist
in (1) the offended party being deprived of his money
or property as a result of the defraudation; (2)
disturbance in property right; or (3) temporary
prejudice. (Nagrampa vs. People, 386 SCRA 412).
DEFENSES IN BP. 22
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C.
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_____________________________________________
ILLEGAL POSSESSION OF FIREARM
PD 1866 as amended by R.A. 8294
[BAR Q. 2011, 2002, 2000, 1998]
______________________________________________
In illegal possession of firearm and ammunition, the
prosecution has the burden of proving the twin
elements of:
(1) the existence of the subject firearm and
ammunition, and
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2.
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submit
covered
and
suspicious
transaction reports to AMLC.
_____________________________________________
ANTI-HAZING LAW
[BAR Q. 2002]
____________________________________________
2.
3.
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_____________________________________________
THE ANTI-CHILD ABUSE LAW
Republic Act No. 7610
_____________________________________________
DEFINE CHILD ABUSE
Child abuse is defined under Section 3 (b) of
R. A. 7610 as:
"Child abuse" refers to the maltreatment,
whether habitual or not, of the child which includes
any of the following:
(1) Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and dignity
of a child as a human being;
2.
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_______________________________________
THE ANTI- TORTURE ACT
Republic Act 9745
_____________________________________________
WHO ARE THE PERSONS CRIMINALLY LIABLE UNDER
SECTION 13?
The law adopted the classification of persons
criminally liable under the Revised Penal Code, to wit:
principals, accomplices and accessories. BAR Q. [2011]
CAN TORTURE AS A CRIME ABSORB OR BE ABSORBED
BY ANY OTHER CRIME?
No. Torture should be treated as a separate
and independent crime under the law. (Sec.15)
WHAT IS THE PENALTY IF ANY OF THE CRIMES
AGAINST PERSONS OR AGAINST PERSONAL LIBERTY
AND SECURITY IF ATTENDED BY TORTURE AND
SIMILAR ACTS?
The penalty to be imposed shall be in its
maximum period.
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_______________________________________
THE ANTI-SEXUAL HARASSMENT ACT OF 1995
Republic Act No. 7877
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_______________________________________
DEFINE THE CRIME OF PLUNDER. (Section 2)
Section 12 of R.A. 7659 amended Section 2
of R.A. 7080 to read as follows:
"Sec.2. Definition of the Crime of Plunder Any public officer who, by himself or in connivance
with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or
other persons, amasses, accumulates or acquires illgotten wealth through a combination or series of
overt criminal acts as described in Section 1 (d)
hereof in the aggregate amount or total value of at
least Fifty million pesos (P50,000,000.00) shall be
guilty of the crime of plunder and shall be punished
by reclusion perpetua to death. Any person who
participated with the said public officer in the
commission of an offense contributing to the crime of
plunder shall likewise be punished for such offense. In
the imposition of penalties, the degree of
participation and the attendance of mitigating and
extenuating circumstances, as provided by the
Revised Penal Code, shall be considered by the
court.
STATE THE RULE OF EVIDENCE FOR PURPOSES OF
ESTABLISHING THE CRIME OF PLUNDER.
Section 4 of R.A. 7080 provides: For
purposes of establishing the crime of plunder, it shall
not be necessary to prove each and every criminal act
done by the accused in furtherance of the scheme or
conspiracy to amass, accumulate or acquire ill-gotten
wealth, it being sufficient to establish beyond
reasonable doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or
conspiracy. BAR Q. [2011]
_____________________________________________
THE ANTI WIRE-TAPPING ACT
Republic Act No. 4200
_____________________________________________
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b.
of the Act.
c.
this Act.
facilities
the
childs
birth
certificate,
baptismal
that
be
of
other
h.
Corrections
established,
Bureau
testimonies
of
may
himself/herself,
d.
g.
(BUCOR),
in
in his/her favor
e.
2010)
conditions
of
his/her
disposition
or
_____________________________________________
f.
from
However,
the
instead
offense
of
committed.
pronouncing
the
sentence,
Provided,
without
need
however,
of
In Piracy-
That
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b.
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_____________________________________________
b.
c.
Salient Features:
a)
b)
c)
d)
e)
Recent Case:
No. What is simply required is that the
property taken does not belong to the offender.
Actual possession of the property by the person
dispossessed suffices. (People Vs. Artemio Garcia Y
Cruz, Jr., et al. G.R. No. 138470, April 1, 2003).
BAR QUESTION [2012] What should be the proper
charge against an offender who unlawfully took and
carried away a motor vehicle belonging to another
without the latter's consent, killing the driver in the
process?
a.
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______________________________________
THE LAW ON ARSON AS AMENDED
Presidential Decree No. 1613
WHAT IS ARSON?
It is a crime committed by any person who
burns or sets fire to the property of another or when a
person sets fire to his own property under
circumstances which expose to danger the life or
property of another. (Sec.1)
The following are the special aggravating
circumstances in Arson: (Sec.4)
1. If committed with intent to gain; 2. If committed for
the benefit of another; 3. If the offender is motivated
by spite or hatred towards the owner or occupant of
the property burned; 4. If committed by a syndicate.
-The offense is committed by a syndicate if it is
planned or carried out by a group of three (3) or more
persons. (Sec.4)
- If by reason of or on the occasion of the arson death
results, a higher penalty shall be imposed.
- Mere conspiracy to commit arson is punishable.
- PRINCIPLES TO CONSIDER:
1.
2.
_____________________________________________
OBSTRUCTION OF JUSTICE
Presidential Decree No. 1829 [BAR 2010, 2005]
_____________________________________________
WHO MAY BE LIABLE FOR OBSTRUCTION OF JUSTICE?
( SEC.1)
Any person who knowingly or willfully
obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and
prosecution of criminal cases.
BAR Q. [2005] Suggested Answer: Patrick is liable for
obstruction of justice under Section 1 (b) of PD 1829
because he destroyed the evidence intended to be
used in in the criminal proceeding.
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