Special Penal Laws JRM

SPECIAL PENAL
LAWS
Atty. Juvy Ramirez Manwong

Republic Act No. 3019
Anti-Graft and Corrupt Practices Act
What are the CORRUPT PRACTICES of a

PUBLIC OFFICER?
A. (1) Persuading, inducing or influencing another public

officer to violate the rules and/or to commit an offense
in connection with the official duties of the latter, or
(2) allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
B. Directly or indirectly requesting or receiving any
gift, present, share, percentage, or benefit for
himself or for any other person, in connection with
any contract or transaction between the
Government and another party, wherein the public
officer in his official capacity has to intervene
under the law.
- any gift, present, share,
Penalizes 3 Distinct Acts:
percentage, or benefit for
1) demanding or requesting oneself of for any other
2) receiving person, in connection with any
3) demanding, requesting, contract or transaction
between the government and
and receiving
any other party, wherein a
public officer in an official
capacity has to intervene
Elements:
a) The offender is a public officer;
b) who requested or received a gift, a
present, a share, a percentage, or benefit;
c) on behalf of the offender or any other
person;
d) in connection with a contract or
transaction with the government; and
e) in which the public officer, in an official
capacity under the law, has the right to
intervene.
C. Directly or indirectly requesting or receiving any
gift, present or other pecuniary or material
benefit, for himself or for another, from any
person for whom the public officer, in any
manner or capacity, in consideration for the help
given or to be given (Bribery).
QUESTION:
Is the receiving of a CHRISTMAS or BIRTHDAY
GIFT by a public officer considered a corrupt
practice?
ANSWER:
NO if the gift was –
a) unsolicited (given by the giver voluntarily and
not demanded by the public officer), and
b) of small or insignificant value, and
c) was given as a mere token of gratitude or
friendship according to local customs or usage.
D. Accepting or having any member of his
family accept employment in a private
enterprise which has pending official business
with him, during the pendency thereof or
within one year after its termination.
Prohibits the acceptance by a public officer

or any member of his/her family of any
EMPLOYMENT in a company/institution that
has a business transaction pending before the
office of that public officer.
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, functions through manifest partiality, evident bad
faith or gross inexcusable negligence.
Elements:
1) The accused are public officers or private persons
charged in conspiracy with the former;
2) said public officers commit the prohibited acts during the
performance of their official duties or in relation to their
public position;
3) they caused undue injury to any party, whether the
government or a private party;
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 without justification to act within a
reasonable period of time on any matter pending before
him/her.
Period of Time to Act:
Fifteen (15) days from time of receipt of
request/application/ communication.
G. Entering into contracts grossly disadvantageous to the

Government.
Elements:
1) The accused is a public officer;
2) he entered into a contract or transaction on behalf of
the government; and
3) such contract or transaction is grossly and manifestly
disadvantageous to the government.
Prohibited Personal Business Interest/
Involvement
H. Directly or indirectly having financial or

pecuniary interest in any business, contract or
transaction in connection with his official
capacity, or in which he is prohibited by the
Constitution or by any law from having any
interest (Conflict of Interest).
I. Having a material interest in any transaction

or act requiring the approval of a board,
panel or group of which he is a member.
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.
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.
OTHER ACTS PROHIBITED BY RA 3019
1) Using or taking advantage of family or close personal
relation with a public official to capitalize or exploit,
request or receive any present, gift or material or
pecuniary advantage from another person having
some business, transaction, application, request or
contract with the Government, in which such public
official has to intervene or in charged.
FAMILY RELATION includes the SPOUSE or RELATIVES
by consanguinity or affinity in the 3rd CIVIL DEGREE.
CLOSE PERSONAL RELATION includes close personal
relationship, social and fraternal connections, and
professional employment all giving rise to intimacy
which assures free access to such public officer.
2) Inducing or causing any public official to commit any
of the CORRUPT PRACTICES.
3) It is unlawful for the SPOUSE or for ANY RELATIVE, by
consanguinity or affinity, within the 3RD CIVIL DEGREE, of
the
1) President of the Philippines,
2) Vice President of the Philippines,
3) Senate President, and
4) House Speaker
to INTERVENE directly or indirectly, in any business,

transaction, contract or application with the
Government .
Statement of Assets and Liabilities
Every public officer MUST file-
WHAT?
A detailed and sworn statement of assets and
liabilities, amounts and sources of his/her
income, amounts of his/her personal and
family expenses, and the amount of income
taxes paid.
WHEN?
1) within 30 days after assuming office,
2) on or before April 15 of every year,
3) upon the expiration of his/her term of
office, or
4) upon his/her resignation or separation
from office.
Q: What COURT has the
JURISDICTION to try complaints
for violations of RA 3019?
A: SANDIGANBAYAN has the original

jurisdiction to hear and decide
complaints for Graft and Corruption.
Q: Is a public officer who is being
investigated or is facing charges of graft and
corruption allowed to resign or retire
during the pendency of the investigation or
the case against him?
A: No public officer is allowed to resign or

retire pending an investigation, criminal or
administrative or pending a prosecution
against him, for any offense under RA 3019 or
under the provisions of the RPC on bribery.
Q:What should be done to the public officer
accused of violation of R.A. No. 3019
during the pendency of the investigation
or during the trial of his case?
A: The public officer who is under

investigation or is being tried for graft and
corruption should be SUSPENDED FROM
OFFICE pending the investigation or trial of
his case.
Q: Is a public officer who was found guilty of
the charges entitled to his retirement or
gratuity benefits?
A: No. Should the public officer be convicted by

final judgment, he loses all retirement or
gratuity benefits under the law.
Q: What about if the public officer has already received
his retirement or gratuity benefits and he was
CONVICTED of the charges?
A: The convicted (found guilty of the charges) public officer

must return or restitute the amount received as
retirement or gratuity benefit to the Government.
Q: What about if the public officer was found INNOCENT of
the charges against him?
A: If the public officer is acquitted, he is entitled to-

1) REINSTATEMENT to his position, and
2) Payment of BACKWAGES and BENEFITS which he
failed to receive during his suspension.
Q: What is the prescriptive period of offenses punished
under RA No. 3019?
A: Fifteen (15) years from the DAY OF COMMISSION of the

offense/violation, IF KNOWN, or if the same be NOT KNOWN
, from the discovery thereof.
Anti-Plunder Law
What is PLUNDER?
PLUNDER is the crime committed by any

PUBLIC OFFICER who by himself or in
connivance with members of his family,
relative by consanguinity, business
associates, subordinate or other persons
amasses, accumulates or acquires ILL-
GOTTEN WEALTH through a COMBINATION or
SERIES of overt or criminal acts in the TOTAL
AMOUNT or VALUE of AT LEAST 50 MILLION
PESOS (PHP50,000,000.00).
Who is a PUBLIC OFFICER
under RA 7080?
Any person holding any

PUBLIC OFFICE in the Government of
the Republic of the Philippines by
virtue of:
(a) an appointment,
(b) election, or
(c) contract.
What comprises the Government of the
Republic of the Philippines?
1) The National Government (Executive, Legislative
and Judicial Department ), and
2) Any of its-
(a) subdivisions (Local Government Units i.e.
Province, Cities, Municipalities),
(b) agencies or instrumentalities (CHED, DPWH,
DOH, NSO, PNP, etc., including
(c) Government-Owned and Controlled Corporations
(GOCC) i.e. NPC, CDC, and their subsidiaries.
Who is a PERSON as defined under R.A. No.
7080?
PERSON includes any NATURAL or JURIDICAL person.
NATURAL PERSON – a human being
JURIDICAL PERSON – organizations, or

entities recognized by law as a person such
as LGUs, Registered Corporations and
Partnerships.
What is an ILL-GOTTEN WEALTH?
ILL-GOTTEN WEALTH means any asset, property, business, enterprise or

material possession of any person, acquired by him directly or indirectly
through dummies, nominees, agents, subordinates and/or business
associates.
OVERT or CRIMINAL ACTS as means of acquiring
ILL-GOTTEN WEALTH:
ILL-GOTTEN WEALTH can be acquired through the
following OVERT or CRIMINAL ACTS:
a) Misappropriation, conversion, misuse or

malversation of public funds or raids on the public
treasury;
b) Receiving, directly or indirectly, any commission,

gift, share, percentage, kickbacks or any other form
of pecuniary benefit from any person and/or entity in
connection with any government contract or project
or by reason of the office or position of the public
officer concerned;
c) Illegal or fraudulent conveyance or disposition of

assets belonging to the Government;
d) Obtaining, receiving or accepting directly or indirectly
any share of stock, equity or any other form of interest or
participation including the promise of future employment
in any business enterprise or undertaking;
e) Establishing agricultural, industrial or commercial

monopolies or other combinations and/or implementation
of decrees and orders intended to benefit particular
persons or special interests; or
f) By taking undue advantage of official position,

authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense and to the
damage and prejudice of the Filipino people and the R.P.
What is the AMOUNT of the
ILL-GOTTEN WEALTH to be liable under
RA 7080?
AMOUNT must be
AT LEAST 50 MILLION PESOS
(Php 50,000,000.00).
What COURT has the JURISDICTION
to hear and try
PLUNDER CASES?
All PLUNDER CASES are within the

original jurisdiction of the
SANDIGANBAYAN.
What is the PRESCRIPTIVE PERIOD of the
crime of PLUNDER?
A plunder case prescribes in 20 years. However, the right of the

State to recover properties unlawfully acquired by public officers from
them or from their nominees or transferees is not barred by prescription,
laches, or estoppel (does not prescribe).
QUESTION: Will the acquisition or accumulation
of ill-gotten wealth by a public official totaling to
at least 50 million pesos made through a single
act constitute plunder?
ANSWER: A single act does not constitute

plunder because the Anti-Plunder Law provides
that the acquisition of ill-gotten wealth by a
public official must be made through a
COMBINATION or SERIES OF ACTS.
Anti-Red Tape Act
Coverage:
All government offices and agencies including local
government units and government-owned or
controlled corporations that provide frontline
services.
Definition of Terms:
1) Simple Transactions – requests or applications
submitted by clients which only require ministerial
actions or that which present only inconsequential
issues for resolution by an officer or employee.
2) Complex Transactions – requests or applications
submitted by clients which necessitate the use of
discretion in the resolution of complicated issues
by an officer or employee.
3) Frontline Service – process or transaction between
clients and government offices or agencies involving
applications for any privilege, right, permit,
reward, license, concession, or for any
modification, renewal or extension of applications
and/or requests which are acted upon in the
ordinary course of business of the agency or office.
4) Action – written approval or disapproval made by a
government office or agency on the application or
request submitted by a client for processing.
5) Fixer – any individual whether or not officially
involved in the operation of a government office or
agency who has access to people working therein,
and whether or not in collusion with them,
facilitates speedy completion of transactions for
pecuniary gain or any other advantage or
consideration.
CITIZEN’S CHARTER
 Service Standards required to be set up by all government
agencies containing the following details/information:
a) The procedure to obtain a particular service;
b) The person/s responsible for each step;
c) The maximum time to conclude the process;
d) The document/s to be presented by the customer, if
necessary;
e) The amount of fees, if necessary; and
f) The procedure for filing complaints.
 Form:
1) Information billboards posted at the main entrance of
offices or at the most conspicuous place, and
2) Published materials written either in English, Filipino or
in the local dialect.
 Required Action:
1) Simple Transactions – not longer than five (5) working days
(maximum).
2) Complex Transactions – not longer than ten (10) working days
(maximum).
Depending on the nature of the frontline services requested or the

mandate of the office or agency under unusual circumstances, the
maximum time to act may be extended.
 Effectof failure to act an application and/or
request for renewal of license, permit or
authority within the prescribed Period:
The license, permit, or authority is deemed

automatically extended until a decision or
resolution is rendered on the application for
renewal.
Note: This rule does not apply when license,

permit or authority covers activities which pose
danger to public health, public safety, public
morals or to public policy including, but not
limited to, natural resource extraction
activities.
 Violations and their corresponding penalties:
LIGHT OFFENSES:
1) Refusal to accept application and/or request within the
prescribed period or any document being submitted by a
client;
2) Failure to act on an application and/or request or
failure to refer back to the client a request which cannot
be acted upon due to lack of requirement/s within the
prescribed period;
3) Failure to attend to clients who are within the premises
of the office or agency concerned prior to the end of
official working hours and during lunch break;
4) Failure to render frontline services within the prescribed
period on any application and/or request without due
cause;
5) Failure to give the client a written notice on the
disapproval of an application or request; and
6) Imposition of additional irrelevant requirements other than
those listed in the notice.
PENALTY:
1st Offense – 30 days suspension without pay and mandatory
attendance in Values Orientation Program;
2nd Offense – 3 months suspension without pay; and
3rd Offense – Dismissal and perpetual disqualification from

public service.
GRAVE OFFENSE:
Fixing and/or collusion with fixers in consideration
of economic and/or other gain or advantage.
PENALTY:
Dismissal and perpetual disqualification from
public service.
CRIMINAL LIABILITY OF FIXERS:

1) If fixer is a public officer, Dismissal and
perpetual disqualification from public service;
2) Imprisonment not exceeding 6 years or a fine of
not less than P20,000.00 but not more than
P200,000.00 or both fine and imprisonment at the
discretion of the court.
REPUBLIC ACT NO. 9160
(Anti-Money Laundering Act of 2001)
As Amended by Republic Act No. 9194
What is MONEY LAUNDERING?
MONEY LAUNDERING is a crime whereby the

proceeds of an UNLAWFUL ACTIVITY are
transacted, thereby making them appear to
have originated from legitimate sources.
What is the AMOUNT involved in
MONEY LAUNDERING?
Amount involved or transacted is

MORE THAN
FIVE HUNDRED THOUSAND PESOS
(Php500,000.00)
within
ONE (1) BANKING DAY.
What constitutes an UNLAWFUL ACTIVITY?
UNLAWFUL ACTIVITY refers to any act or omission or

series or combination of acts involving or having
direct relation to the following:
1) Kidnapping for ransom;
2) Plunder;
3) Robbery and Extortion;
4) Jueteng and Masiao;
5) Piracy;
6) Qualified Theft;
7) Swindling or Estafa;
8) Smuggling;
9) Hijacking; and
10) many others.
What are the acts punishable as MONEY
LAUNDERING?
1) Transacting or attempting to transact a

monetary instrument or property knowing that it
represents, involves, or relates to the proceeds of
any unlawful activity;
2) Performing or failing to perform an act as a
result of which he facilitates the offense of money
laundering despite knowledge that the monetary
instrument or property represents or involves the
proceeds of an unlawful activity;
3) Failure to disclose or file a monetary
instrument or property with the Anti-Money
Laundering Council (AMLC) as required under the
Act despite knowledge of such requirement.
What COURT has the JURISDICTION
over MONEY LAUNDERING cases?
REGIONAL TRIAL COURT (RTC):

Accused is a PRIVATE PERSON.
SANDIGANBAYAN:
Accused is:
1) a PUBLIC OFFICER , and
2) a PRIVATE PERSON in conspiracy with a
PUBLIC OFFICER.
Presidential Decree No. 1866
as amended by Republic Act No. 8294
Illegal/Unlawful Possession of Firearm
 PUNISHABLE ACT:
Unlawful manufacture, dealing in, acquisition, disposition, or
possession of any low powered firearm, such as rimfire handgun, .
380 or .32 and other firearm of similar firepower, part of
firearm, ammunition, or machinery, tool or instrument used or
intended to be used in the manufacture of any firearm or
ammunition:
NOTE: This crime is committed if no other crime was committed by

the perpetrator.
 PENALTY:
Prision Correccional in its maximum period and a fine of not less
than P15,000.00.
 PUNISHABLE ACT
Unlawful manufacture, dealing in, acquisition,
disposition, or possession of any high powered
firearm which includes those with bores bigger in
diameter than .38 caliber and 9 millimeter such as
caliber .40, .41, .44, .45 and also lesser calibered
firearms but considered powerful such as caliber .
357 and caliber .22 center-fire magnum and other
firearms with firing capability of full automatic and
by burst of two or three.
NOTE: This crime is committed if no other crime was

committed by the perpetrator.
PENALTY:
Prision Mayor in its minimum period and a fine of
P30,000.00.
 USE OF UNLICENSED FIREARM AS AN AGGRAVATING CIRCUMSTANCE
If homicide or murder is committed with the use of an unlicensed

firearm, such use of an unlicensed firearm shall be considered as an
aggravating circumstance.
 CRIMECOMMITTED IN FURTHERANCE OF OR IN
CONNECTION WITH REBELLION, INSURRECTION
OR SEDITION, ATTEMPTED COUP D’ETAT
If the “unlawful manufacture, dealing in,

acquisition, disposition, or possession of
unlicensed firearm” is committed in
furtherance of or incident to, or in connection
with the crime of rebellion or insurrection,
sedition, or attempted coup d'etat, it shall be
absorbed as an ELEMENT of the crime of
rebellion, or insurrection, sedition, or
attempted coup d'etat.
 PUNISHABLE ACT:
Carrying of any licensed firearm outside his residence without legal

authority therefor.
PENALTY:
Arresto Mayor
 PUNISHABLE ACT:
Unlawful manufacture, assembly dealing in,

acquisition, disposition or possession of hand
grenade(s), rifle grenade(s), and other
explosives, including but not limited to 'pillbox,'
'molotov cocktail bombs,' 'fire bombs,' or other
incendiary devices capable of producing
destructive effect on contiguous objects or
causing injury or death to any person.
PENALTY:
Prision Mayor in its maximum period to
reclusion temporal and a fine of not less than
P50,000.00.
 USEOF EXPLOSIVES, DETONATION AGENTS
OR INCENDIARY DEVICES AS AGGRAVATING
CIRCUMSTANCE
When a person commits any of the crimes

defined in the Revised Penal Code or special
laws with the use of unlawful explosives,
detonation agents or incendiary devices, which
results in the death of any person or persons,
the use of such explosives, detonation agents
or incendiary devices shall be considered as an
aggravating circumstance.
 CRIME
COMMITTED IN FURTHERANCE OF
REBELLION, INSURRECTION, SEDITION OR
ATTEMPTED COUP D’ETAT
If the crime of “unlawful manufacture,

assembly dealing in, acquisition, disposition or
possession of explosives, hand grenades, etc.”
is committed in furtherance of, or incident to,
or in connection with the crime of rebellion,
insurrection, sedition or attempted coup
d'etat, it shall be absorbed as an element of
the crimes of rebellion, insurrection, sedition
or attempted coup d'etat.

 ALSO PUNISHES:
A. The owner, president, manager, director or
other responsible officer of any public or private
firm, company, corporation or entity, who-
1) willfully or knowingly allow any of the firearms

owned by such firm, company, corporation or
entity to be used by any person or persons
found guilty of “unlawful manufacture, dealing
in, acquisition, disposition, or possession of
unlicensed firearm” or
2) willfully or knowingly allow any of them to use

unlicensed firearms or firearms without any
legal authority to be carried outside of their
residence in the course of their employment.
B. The owner, president, manager, director or other responsible officer of
any public or private firm, company, corporation or entity, who
willfully or knowingly allow any of the explosives owned by such firm,
company, corporation or entity, to be used by any person or persons
found guilty of the crime of “unlawful manufacture, assembly dealing
in, acquisition, disposition or possession of explosives, hand grenades,
etc.”
 PUNISHABLE ACT:
Unlawful tampering, changing, defacing or

erasing the serial number of any firearm.
 PENALTY:
Prision Correccional shall be imposed upon

any person who shall unlawfully tamper,
change, deface or erase the serial number
of any firearm."
 PUNISHABLE ACT:
Unlawful repacking, altering or modifying the composition of any

lawfully manufactured explosives.
 PENALTY:
Prision Correccional .
 COVERAGE OF THE TERM UNLICENSED FIREARM
The term “unlicensed firearm” shall include:
1) firearms with expired license; or

2) unauthorized use of licensed firearm in the commission of a crime.
An Act to Prohibit the Possession of Deadly Arrow
 PUNISHABLE ACT:
Possession of a deadly arrow or “pana” without permit
from a city or municipal mayor.
 PENALTY:
Imprisonment for a period of not less than 30 days nor
more than 6 months.
 DEADLY ARROW OR “PANA”:
Any arrow or dart that when shot from a bow or slingshot can cause injury
or death of a person.
 PERMIT:
A permit may be issued to any individual to possess a deadly arrow or
“pana” for livelihood purposes.
Presidential Decree No. 330
Penalizing Timber Smuggling or Illegal Cutting of Logs
from Public Forests and Forest Reserves as Qualified Theft
 PUNISHABLE ACT:
Cutting, gathering, removing, or smuggling
timber, or other forest products, from a
public forest, forest reserve and other kinds
of public forests (whether under license or
lease), or from any privately owned forest
lands without the required permit, license,
clearance, or authority from the concerned
government agencies. The perpetrator shall
be guilty of the crime of QUALIFIED THEFT
defined and penalized under the Revised
Penal Code.
 POSSIBLE OFFENDERS:
1) Natural Person
2) Juridical Person, i.e. corporation, firm,
partnership or association)
- the penalty shall be imposed upon the
guilty officer or officers.
- if the guilty officer or officers are aliens, in
addition to the imposable penalty, shall also
be deported without further proceedings.
An Act Increasing the Penalties for Illegal Numbers Games
 ILLEGAL NUMBERS GAME:

Any form of illegal gambling activity which
uses numbers or combinations thereof as
factors in giving out jackpots.
 JUETENG:
An illegal numbers game that involves the
combination of 37 numbers against 37 numbers
from numbers 1-37 or the combination of 38
numbers in some areas, serving as a form of
local lottery where bets are placed and
accepted per combination, and its variants.
 MASIAO:
An illegal numbers game where the winning
combination is derived from the results of the
last game of Jai Alai consisting of 10 players
pitted against one another, and its variants.
 LAST TWO:
An illegal numbers game where the winning
combination is derived from the last 2
numbers of the first prize of the winning
sweepstakes ticket which comes out during
the weekly draw of the Philippine Charity
Sweepstakes Office (PCSO), and its variants.
 PUNISHABLE ACTS:
1) Betting
Penalty: 30-90 days imprisonment
2) Acting as a personnel or staff of an illegal
numbers game operation
3) Allowing one’s vehicle, house, building or land
to be used in the operation of an illegal
numbers game
Penalty: Imprisonment from 6 years and 1 day
to 8 years.
4) Acting as collector or agent (Cabo, Cobrador,
etc)
Penalty: Imprisonment from 8 years and 1 day
to 10 years.
5) Acting as coordinator, controller or supervisor
Penalty: Imprisonment from 10 years and 1
day to 12 years
6) Acting as a maintainer, manager or operator
day to 14 years
7) Acting as a financier or capitalist
day to 16 years
8) Acting as a protector or coddler
day to 20 years
 LIABILITY OF GOVERNMENT EMPLOYEES
AND/OR PUBLIC OFFICIALS:
If the collector, agent, coordinator,
controller, supervisor, maintainer, manager,
operator, financier or capitalist of any illegal
numbers game is a government employee
and/or public official, whether elected or
appointed, the PENALTY IMPOSABLE are:
1) 12 years and 1 day to 20 years imprisonment;
2) Fine ranging from 3 million to 5 million; and
3) Perpetual Absolute Disqualification from
Public Office.
A government employee and/or public official
who having knowledge of the existence of the
operation of any illegal numbers game in
his/her jurisdiction, fails to abate or to take
action, or tolerates the same.
Penalty:
1) 12 years and 1 day to 20 years imprisonment;
2) Fine ranging from 3 million to 5 million; and
3) Perpetual Absolute Disqualification from
Public Office.
 A LAW ENFORCER who fails to apprehend perpetrators of any illegal
numbers game.
Penalty:
Administrative Penalty of SUSPENSION or DISMISSAL from service.

 LIABILITY OF PARENTS/GUARDIAN
Any parent, guardian or person exercising moral
authority or ascendancy over a minor, ward or
incapacitated person who induces or causes such
minor, ward or incapacitated person to commit
any of the offenses punishable under RA 9287
shall be punished with-
1) imprisonment from 6 months and 1 day to 1
year, or
2) a fine ranging from P100,000.00 to P400,000.00.
 UPON CONVICTION:
Such parent/guardian shall be deprived of
his/her authority over the minor child, ward, or
incapacitated person.
 PRIMA FACIE EVIDENCE OF ILLEGAL NUMBERS GAME:
Possession of any gambling paraphernalia and other materials used in the
illegal numbers game.
 PRIMA FACIE PRESUMPTION:
All assets and properties of an accused of Illegal Numbers Game either
owned or held by him/her in his/her name or in the name of another
person found to be manifestly out of proportion to his/her lawful income
shall be prima facie presumed to be PROCEEDS of the offense.
 Witness Protection – provided to any person
who provides material information, whether
testimonial or documentary, necessary for the
investigation or prosecution of individuals
committing illegal numbers game.
 Informer’s Reward – provided to any person
who discloses any information of any offense
punishable under RA 9287 which may lead to
the arrest and final conviction of the
offender, may be rewarded a certain
percentage of the cash money or article of
value confiscated or forfeited in favor of the
government.
Anti-Rabies Act of 2007
 Mandated the implementation of a

NATIONAL RABIES PREVENTION AND
CONTROL PROGRAM to be implemented by
a multi-agency committee chaired by the
Bureau of Animal Industry of the
Department of Agriculture, the DOH, DILG,
DepEd, LGUs, and with the assistance of the
DENR, NGOs, and POs.
 POLICY: To eradicate Rabies.

ACT PENALTY
Failure/refusal to register a dog/ immunized P2,000.00 fine
against rabies
Refusal to have their dog vaccinated against Pay for the vaccination of both the
rabies dog and the individuals bitten by
the dog.
Refusal to have their dog put under P10,000.00 fine
observation after said dog has bitten an
individual
Refusal to have their dog under observation P25,000.00 fine
and do not shoulder medical expenses of the
person bitten
Refusal to put leash on their dogs when P500.00 fine for each incident
brought outside their house
Impounded dog Owner shall pay a fine of not less
than P500.00 but not more than
P1,000.00
Trading of dog for meat Not less than P5,000.00 per dog
Using electrocution as a method of Not less than P5,000.00 per act.
euthanasia Imprisonment of 1-4 years
Violator is an alien Immediate deportation without
 RESPONSIBILITIES OF PET OWNERS:
1) Have their dog regularly vaccinated against Rabies
and maintain a registration card which shall contain
all vaccinations conducted on their dog;
2) Submit their dogs for mandatory registration;
3) Maintain control over their dog and not allow it to
roam the streets or any public place without a
leash;
4) Be a responsible owner by providing their dog with
proper grooming, adequate food and clean shelter;
5) Within 24 hours, report immediately any dog biting
incident to the concerned officials for investigation
or for any appropriate action and place such dog
under observation;
6) Assist the dog bite victim immediately and shoulder
the medical expenses incurred and other incidental
expenses relative to the victim’s injuries.
(Anti-Wire Tapping Law)
What is wire-tapping?
1) Tapping any wire or cable, or using any other

device or arrangement,
3) To secretly overhear, intercept, or record a
4) Private communication/conversation or
spoken word
5) Without the knowledge or consent of all the
parties.
PRIVATE COMMUNICATIONS
can be waived by
“SHOUTING”
(Anti-Electricity Pilferage Act)
PUNISHABLE ACTS:
1) Illegal use of electricity

- e.g. illegal connection, tampering, use of
jumpers
2) Theft of electric power transmission lines
and materials.
The Philippine Fisheries Code
PUNISHES the crime of “MURO-AMI”, which is:
-the act of fishing with gear method or other

physical or mechanical acts that destroy coral reefs, sea
grass beds and other fishery marine life habitat.
BATAS PAMBANSA BILANG 22
(Anti-Bouncing Check Law)
Who is liable for violation of BP 22?
A] Any person who makes or draws and issues any check to

apply on account or value, knowing at the time of issue that
he does not have sufficient funds in or credit with the
drawee bank for the payment of such checks in full upon its
presentment, which check is subsequently dishonored by
the drawee bank.
FOR WHAT REASON?
For insufficiency of funds or credit or it would have been

dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop
payment.
B] Any person who made or drew and
issued a check who failed to keep
sufficient funds or to maintain a credit
to cover the full amount of the check
if said check was presented within a
period of ninety (90) days from the
date appearing thereon, for which
reason it is dishonored by the bank.
ELEMENTS :
1) The accused makes, draws or issues any

check to apply on account or value.
2) The check is subsequently dishonored by the

drawee bank for insufficiency of funds or credit or
it would have been dishonored for the same
reason had not the drawer, without any valid
reason, ordered the bank to stop payment.
3) The accused KNOWS at the time of issuance

that he or she does not have sufficient funds in or
credit with the drawee bank for the payment of
the check in full upon its presentment.
REPUBLIC ACT N0. 8049
(Anti-Hazing Act)
What is HAZING?
It is an initiation rite or practice as a

prerequisite for admission into
membership in a fraternity, sorority or
organization by placing the recruit,
neophyte or applicant in some
EMBARRASSING or HUMILIATING situations
such as forcing him to do menial, silly,
foolish and similar tasks or activities or
otherwise subjecting him to physical or
psychological suffering or injury.
Take NOTE:
The term “ORGANIZATION” include any

club, or the AFP, PNP, PMA, or officer and
cadet corps of the Citizen’s Military
Academy (CMT), or Citizen’s Army Training
(CAT).
Requirements before Hazing or
initiation rites may be conducted:
1) Prior written notice to the school authorities or head of

organization seven (7) days before the conduct of the said
initiation rite.
2) The written notice shall

a) indicate the period of the initiation activities which
shall not exceed three (3) days;
b) include the names of those to be initiated;
c) contain an undertaking that no physical violence be

employed by anybody during such initiation rites.
(Anti-Hijacking Law)
How is the crime of HIJACKING committed?
HIJACKING is committed by:
1) Compelling the pilot to change in course or destination

of a DOMESTIC AIRCARFT;
2) Seizing or usurping the control of a DOMESTIC AIRCAFT
while it is in flight;
3) Compelling a FOREIGN AIRCRAFT to land in the
Philippine territory; and
4) Seizing or usurping the control of the FOREIGN
AIRCRAFT while it is within Philippine territory.
When is an AIRCRAFT considered
IN FLIGHT?
An aircraft is considered in flight from the

moment all its EXTERNAL DOORS are closed
following embarkation until any of such doors
is opened for disembarkation.
Other acts punished by RA 6235:
(1) Shipping, (2) loading, or (3) carrying in

any PASSENGER AIRCRAFT operating as a
public utility within the Philippines any
explosive, flammable, corrosive or poisonous
substance or material.
PRESIDENTIAL DECREE NO. 533
(Anti-Cattle Rustling Law of 1974)
What is “CATTLE RUSTLING”?
CATTLE RUSTLINGis the -

1) Taking away by any means, methods or scheme,
without the consent of the owner/raiser, of a LARGE
CATTLE whether or not for profit or gain, or
whether committed with or without violence against
or intimidation of any person or force upon things;
2) Killing of a large cattle, or taking its meat or hide

without the consent of the owner/raiser.
What is a LARGE CATTLE?
LARGE CATTLE includes the following:
1) Cow;
2) Carabao;
3) Horse;
4) Mule;
5) Ass; or
6) Other domesticated member of the bovine
family.
Who is considered as an
OWNER/RAISER of a Large Cattle?
OWNER/RAISER -
includes the herdsman, caretaker, employee or
tenant of any firm or entity engaged in the
raising of large cattle or other persons in lawful
possession of such large cattle.
Duty of OWNER/RAISER to Register
the LARGE CATTLE:
The owner/raiser is duty-bound to register the

large cattle belonging to him –
WHEN?
before the large cattle attains the age of 6
months.
WHERE?
with the office of the City/Municipality where
the owner/raiser resides.
After registration, a CERTIFICATE of

OWNERSHIP is issued to the owner/raiser.
Permit to BUY and SELL
Large Cattle:
Any person, partnership, association,

corporation or entity engaged in the
business of buying and selling large cattles
MUST first secure a permit from -
(a) the Provincial Commander, and
(b) the City/Municipal Treasurer of the
place of residence of such person,
partnership, association, corporation or
entity.
Clearance for SHIPMENT of
LARGE CATTLE:
Any person, partnership, association,

corporation or entity desiring to ship or
transport large cattle, its hides, or meat, from
one province to another MUST secure a PERMIT
from the Provincial Commander.
Presumption OF CATTLE
RUSTLING:
FAILURE to exhibit or show the required

PERMIT or CLEARANCE by any person having in
his possession, control or custody of large cattle
is a
PRIMA FACIE EVIDENCE
that the large cattle in his possession, control, or
custody is the fruit of the crime of cattle
rustling.
(Anti-Fencing Law of 1979)
What is “fencing”?
FENCING is the act of any person who,
a) with intent to gain for himself or for another,

b) BUY, RECEIVE, POSSESS, KEEP, ACQUIRE,
CONCEAL, SELL, or DISPOSE of, or BUYS and SELLS,
or in any other manner deal in
c) any article, item, object or anything of value
d) which HE KNOWS, or SHOULD BE KNOWN TO
HIM,
e) to have been derived from the proceeds of the
crime of robbery or theft.
Who is a “FENCE”?
FENCE includes any
 person,
 firm,
 association,
 corporation or partnership, or
 other organizations
who/which commits the act of fencing.

Presumption of FENCING:
Mere possession
of any goods, article, item,
object, or anything of value
which has been the subject of
robbery or theft is a
PRIMA FACIE EVIDENCE
of fencing.
(Anti-Piracy and Anti-Highway Robbery Law)
What is PIRACY?
Any attack upon or seizure of any vessel, or the taking
away of the whole or part thereof, or its cargo,
equipment, or the personal belonging of its complement
or passengers, irrespective of the value thereof, by
means of violence against or intimidation of persons or
force upon things.
Who may commit PIRACY?

Any person, including a passenger or member of the
crew/complement of the vessel.
Where may PIRACY be committed?

Only in Philippine waters.
PIRACY
PD 532 vs. ART. 122 of the RPC
P.D. No. 532 ARTICLE 122, RPC
1) Piracy can only be 1) Piracy can be committed

committed on Philippine both on the high seas and on
territorial waters. Philippine territorial waters.
2) Can only be committed by a

2) Can be committed by ANY person who is not a passenger
PERSON including a passenger nor member of the
or member of the complement complement of the vessel.
of the vessel.
What is HIGHWAY ROBBERY or BRIGANDAGE?
It is the-
1) The seizure of any person for ransom, extortion
or other unlawful purposes, or
2) Taking away of the property of another by means
of violence against or intimidation of persons or

force upon things or other unlawful means.
WHERE?
On any PHILIPPINE HIGHWAY.
What is a PHILIPPINE
HIGHWAY?
Any road, street, passage, highway and

bridges or other parts thereof, or railways or
railroad within the Philippines used by
persons, or vehicles, or locomotives or trains
for the movement or circulation of persons or
transportation of goods, articles, or property
or both.
What is the purpose of the accused in
Highway Robbery or Brigandage?
The purpose of Brigandage is

INDISCRIMINATE HIGHWAY ROBBERY (i.e.
victim could be any person or persons that
passes through a Philippine Highway).
If the purpose is only a particular robbery

(i.e. there is a predetermined or particular
victim), the crime is only Robbery or
Robbery in band if there are at least 4
armed participants.
Q: Is the number of perpetrators
an essential element of Highway
Robbery or Brigandage?
A: No. The perpetrator could be a

single person or a group of persons
not necessarily at least four (4)
armed persons.
Q: Is the fact that Robbery was
committed on Philippine Highway makes
it Highway Robbery or Brigandage?
A: No. The mere fact that robbery was

committed on Philippine Highway does not
give rise to Highway Robbery or
Brigandage. The intent of indiscriminate
highway robbery must be present.
(Anti-Child Abuse Law)
Who are CHILDREN under the Act?
CHILDREN refers to persons:
a) Below 18 years of age, or
b) Over 18 years of age but are unable to fully

take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental
disability or condition (Sec. 3).
What is CHILD ABUSE?
CHILD ABUSE refers to the maltreatment, whether habitual or not,

of the child which includes any of the following acts:
a) Psychological and physical abuse, neglect, cruelty, sexual abuse

and emotional maltreatment;
b) Any act by deeds or words which debases, degrades or demeans

the intrinsic worth and dignity of a child as a human being;
c) Unreasonable deprivation of his basic needs for survival, such as

food and shelter; or
d) Failure to immediately give medical treatment to an injured

child resulting in serious impairment of his growth and development
or his permanent incapacity or death.
OFFENSES
punishable under RA 7610
1) CHILD PROSTITUTION and OTHER CHILD ABUSE
Who are considered “children exploited in

prostitution and other sexual abuse”?
Children, whether male or female, who for

money, profit or any other consideration or due
to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse
or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
PERSONS LIABLE for CHILD
PROSTITUTION and
OTHER CHILD ABUSE:
1) Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to the ff:
a) Acting as procurer of a child prostitute;

b) Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar
means;
c) Taking advantage of influence or relationship to procure
a child as a prostitute;
d) Threatening or using violence towards a child to engage
him as a prostitute; or
e) Giving monetary consideration, goods or other pecuniary
benefits to a child with the intent to engage such
child in prostitution.
2) Those who commit the act of sexual
intercourse or lascivious conduct with a child
exploited in prostitution or subjected to other
sexual abuse;
3) Those who derive profit or advantage there

from, whether as a manager or owner of the
establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place
of entertainment or establishment serving as a
cover or which engages in prostitution in
addition to the activity for which the license
has been issued to said establishment.
ACTS PUNISHABLE as an ATTEMPT
to COMMIT CHILD PROSTITUTION:
Who are guilty of attempt to commit child prostitution?
1) Any person who, not being a relative of the child is

found alone with the child inside a room or cubicle of a
house, inn, hotel, motel, pension house, apartelle or
other similar establishments, vessel, vehicle or any
other hidden or secluded area under circumstances
which would lead a reasonable person to believe that
the child is about to be exploited in prostitution and
other sexual abuse; and
2) Any person who receives services from a child in a sauna

parlor, massage clinic, health club and other similar
establishments.
2) CHILD TRAFFICKING
A. Consummated Act of CHILD TRAFFICKING:
Who are liable for consummated act of child

trafficking?
Any person who engages in trading and dealing

with children including, but not limited to, the act
of buying and selling of a child for money, or for
any other consideration, or barter.
B. Attempt to Commit CHILD TRAFFICKING:
There is an attempt to commit Child Trafficking:
1) When a child travels alone to a foreign country without

valid reason therefor and without clearance issued by the
DSWD or written permission or justification from the child’s
parents or legal guardian;
2) When a pregnant mother executes an affidavit of

consent for adoption for a consideration;
3) When a person, agency, establishment or child-caring

institution recruits women or couples to bear children for
the purpose of child trafficking;
4) When a doctor, hospital, or child clinic
official or employee, nurse, midwife,
local civil registrar or any other person
simulates birth for the purpose of child
trafficking; or
5) When a person engages in the act of

finding children among low-income
families, hospitals, clinics, nurseries,
day-care centers, or other child-caring
institutions who can be offered for the
purpose of child trafficking.
3) OBSCENE PUBLICATIONS AND INDECENT SHOWS
Who are liable?
a) Any person who hires, employs, uses, persuades, induces, or

coerces a child:
1) To perform in obscene exhibitions and indecent shows,

whether live or in video;
2) To pose or model in obscene publications or

pornographic materials.
b) Any ascendant, guardian, or person entrusted in any

capacity with the care of the child who causes and/or allows a
child to be employed or to participate in an obscene play,
scene, act, movie or show or in any other acts covered by Sec.
9 of R.A. 7610.
Other ACTS of NEGLECT, ABUSE, CRUELTY or
EXPLOITATION and other Conditions Prejudicial to
the Child’s Development:
1) Committing any other act of child abuse, cruelty or

exploitation or be responsible for other conditions
prejudicial to the child’s development;
2) Keeping or having in his company a minor, 12 years

or under or who is 10 years or more younger than
his junior in any public place or private place,
hotel, motel, beer joint, discothèque, cabaret,
pension house, sauna or massage parlor, beach
and/or other tourist resort or similar places;
3) Inducing, delivering or offering a minor to anyone

prohibited to keep or have in his company a minor
as provided in the preceding paragraph;
4) Allowing by any person, owner, manager
or one entrusted with the operation of any
public or private place or accommodation,
whether for occupancy, food, drink, or
otherwise, including residential places any
minor;
5) Using, coercing, forcing or intimidating a

street child or any other child to:
a) Beg or use begging as a means of living;

b) Act as conduit or middleman in drug
trafficking or pushing; or
c) Conduct any illegal activities.
Who may FILE a COMPLAINT for a VIOLATION of RA
7610?
The complaint may be filed by any of the following:
1) Offended party;
2) Parents or guardians;
3) Ascendant or collateral relative within the third
degree of consanguinity;
4) Officer, social worker or representative of a
licensed child-caring institution;
5) Officer, social worker of the DSWD;
6) Barangay Chairman;
7) At least 3 concerned responsible citizens where
the violation occurred.
 It prohibits the employment of children below 15
years of age in public and private undertakings.
EXCEPTIONS:
1) When the child works directly under the sole
responsibility of his parents or legal guardian and
where only members of the family are employed.
Conditions:
a) The employment of the child does not endanger
his or her life, safety, health and morals or
impair his normal development, and
b) The parent/guardian shall provide the minor
with the prescribed primary and/or secondary
education.
2) Where a child's employment or participation in
public entertainment or information through cinema,
theater, radio or television is essential.
CONDITIONS:
a) The employment contract is concluded by the
child’s parents or legal guardian, with express
agreement of the child and the approval of the
DOLE, and
b) The ff: requirements in all instances are strictly
complied with:
1) The employer shall ensure the protection,
health, safety, morals and normal development
of the child;
2) The employer shall institute measures to
prevent the child’s exploitation or
discrimination taking into account the
system and level of remuneration, and
the duration and arrangement of
working time; and
3) The employer shall formulate, subject to

the approval and supervision of competent
authorities, a continuing program for
training and skills acquisition of the child.
(Anti-Sexual Harassment Act)
What is SEXUAL HARASSMENT?
It is committed by demanding, requesting or

otherwise requiring any SEXUAL FAVOR from a
person, regardless of whether the demand,
request or requirement for submission is accepted
by the victim.
It may be WORK, EDUCATION or TRAINING related.

Who may commit SEXUAL
HARASSMENT?
The following may be held liable of sexual
harassment:
1) Employer,
2) Employee,
3) Manager,
4) Supervisor,
5) Agent of the Employer,
6) Teacher,
7) Instructor,
8) Professor,
9) Coach,
10) Trainer, or
11) Any other PERSON HAVING AUHTORITY,
INFLUENCE or MORAL ASCENDANCY over
another person in a work, training or
education environment.
(JUVENILE JUSTICE AND WELFARE ACT OF
2006)
LIBERAL CONSTRUCTION:
In case of doubt, the interpretation of any

of the provisions of the law and its IRR
shall be construed liberally in favor of the
child in conflict with the law, i.e.,
consistent with the best interest of the
child, the declared state policy, the rights
of the child in conflict with the law, and
the principle of restorative justice.
DEFINITION OF TERMS
 BAIL refers to the security given for the release of the
person in custody of the law, furnished by him/her or a
bondsman, to guarantee his/her appearance before any
court.
 BEST INTEREST OF THE CHILD refers to the totality of

the circumstances and conditions most congenial to the
survival, protection and feelings of security of the child
and most encouraging to the child’s physical,
psychological and emotional development. It also means
the least detrimental available alternative for
safeguarding the growth and development of the child.
 CHILD refers to a person under the age of eighteen
(18) years.
 CHILDREN AT RISK refers to children who are

vulnerable to and at the risk of committing criminal
offenses because of personal, family and social
circumstances, such as, but not limited to, the
following:
(1) being abused by any person through sexual,
physical, psychological, mental, economic or any other
means and the parents or guardian refuse, are
unwilling, or unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after
diligent search and inquiry the parent or
guardian cannot be found;
(4) coming from a dysfunctional or broken family
or without a parent or guardian;
(5) being out of school;
(6) being a street child;
(7) being a member of a gang;
(8) living in a community with a high level of
criminality or drug abuse; and
(9) living in situations of armed conflict.
CHILD IN CONFLICT WITH THE LAW refers to a
child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine
laws.
COMMUNITY-BASED PROGRAMS refers to the

programs provided in a community setting
developed for purposes of intervention and
diversion, as well as rehabilitation of the child in
conflict with the law, for reintegration into
his/her family and/or community.
COURT refers to a family court or, in places where

there are no family courts, any regional trial court
DEPRIVATION OF LIBERTY refers to any form of
detention or imprisonment, or to the placement
of a child in conflict with the law in a public or
private custodial setting, from which the child in
conflict with the law is not permitted to leave at
will by order of any judicial or administrative
authority.

DIVERSION refers to an alternative, child-
appropriate process of determining the
responsibility and treatment of a child in conflict
with the law on the basis of his/her social,
cultural, economic, psychological or educational
background without resorting to formal court
proceedings.
DIVERSION PROGRAM refers to the program that the child
in conflict with the law is required to undergo after
he/she is found responsible for an offense without
resorting to formal court proceedings.
INITIAL CONTACT WITH THE CHILD refers to the

apprehension or taking into custody of a child in conflict
with the law by law enforcement officers or private
citizens. It includes the time when the child alleged to be
in conflict with the law receives a subpoena.
INTERVENTION refers to a series of activities 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.
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,
reintegration and aftercare to ensure their normal
growth and development.
LAW ENFORCEMENT OFFICER refer to the person in

authority or his/her agent as defined in Article 152 of
the Revised Penal Code, including a barangay tanod.
OFFENSE refers to any act or omission whether

punishable under special laws or the Revised Penal
Code, as amended. It includes violations of traffic
laws, rules and regulations, and ordinances of local
government units.
RECOGNIZANCE refers to an undertaking in lieu
of a bond assumed by a parent or custodian who
shall be responsible for the appearance in court
of the child in conflict with the law, when
required.
STATUS OFFENSES refers to offenses which

discriminate only against a child, while an adult
does not suffer any penalty for committing
similar acts. These shall include curfew
violations, truancy, parental disobedience and
the like.
VICTIMLESS CRIMES refers to offenses where

there is no private offended party.
YOUTH DETENTION HOME refers to a 24-hour child-
caring institution managed by accredited LGUs and
licensed and/or accredited NGOs providing short-term
residential care for children in conflict with the law
who are awaiting court disposition of their cases or
transfer to other agencies or jurisdiction; also referred
to as “Youth Home.”
YOUTH REHABILITATION CENTER refers to a 24-hour

residential care facility that provides children in
conflict with the law with care, treatment and
rehabilitation services under the guidance of trained
staff where children in conflict with the law on
suspended sentence, or “residents,” are cared for
under a structured therapeutic environment with the
end view of reintegrating them in their families and
communities as socially functioning individuals; also
referred to as “Youth Center.”
Rights of a child in conflict with the law:
(a) The right to be treated with humanity and respect for
the inherent dignity of the person, and in a manner which
takes into account the needs of a person of his/her age;
(b) The right not to be subjected to torture or other cruel,

inhuman or degrading treatment or punishment;
(c) The right not to be imposed a sentence of capital

punishment or life imprisonment, without the possibility of
release;
(d) The right not to be unlawfully or arbitrarily deprived of

his/her liberty; that detention or imprisonment being a
disposition of last resort, shall be for the shortest
appropriate period of time;
(e) The right to be separated from adult offenders at
all times. In particular, the child shall:
(1) Not be detained together with adult offenders.
(2) Be conveyed separately to or from the court.
(3) Await hearing of his/her own case in a separate
holding area.
(f) The right to maintain contact with his/her family

through correspondence and visits save in exceptional
circumstances;
(g) The right to prompt access to legal and other

appropriate assistance, as well as the right to
challenge the legality of the deprivation of his/her
liberty before a court or other competent,
independent and impartial authority, and to a prompt
decision on such action;
(h) The right to bail and recognizance, in appropriate
cases;
(i) The right to testify as a witness in his/her own behalf

under the rule on examination of a child witness;
(j) The right to have his/her privacy respected fully at

all stages of the proceedings;
(k) The right to diversion if he/she is qualified and

voluntarily avails of the same;
(l) The right to be imposed a judgment in proportion to

the gravity of the offense where his/her best interest,
the rights of the victim and the needs of society are all
taken into consideration by the court, under the
principle of restorative justice;
(m) The right to have restrictions on his/her personal liberty
limited to the minimum, and where discretion is given by law
to the judge to determine whether to impose fine or
imprisonment, the imposition of fine being preferred as the
more appropriate penalty;
(n) In criminal prosecutions, the rights:
(1) Not to be held to answer for a criminal offense without

due process of law;
(2) To be presumed innocent until the contrary is proved
beyond reasonable doubt;
(3) To be heard by him/herself and counsel;
(4) To be informed promptly and directly of the nature and
cause of the accusation against him/her, and if
appropriate, through his/her parents orlegal guardian;
(5) To be present at every stage of the proceedings, from
arraignment to promulgation of judgment;
(6) To have legal and other appropriate assistance in
the preparation and presentation of his/her defense;
(7) To testify as a witness in his/her own behalf and

subject to cross-examination only on matters
covered by direct examination, provided that the
Rule on the Examination of a Child Witness shall be
observed whenever convenient and practicable.
(8) Not to be compelled to be a witness against

him/herself and his/her silence shall not in any
manner prejudice him/her;
(9) To confront and cross-examine the witnesses

against him/her;
(10) To have compulsory process to secure the
attendance of witnesses and production of other
evidence in his/her behalf;
(11) To have a speedy, impartial and public trial,

with legal or other appropriate assistance and
preferably in the presence of his/her parents or
legal guardian, unless such presence is considered
not to be in the best interests of the juvenile taking
into account his/her age and other peculiar
circumstances;
(12) To appeal in all cases allowed and in the

manner prescribed by law; and
(13) To be accorded all the rights under the Rule on

Examination of a Child Witness.
(o) In general, the right to automatic suspension of
sentence;
(p) The right to probation as an alternative to

imprisonment, if qualified under the probation
law;
(q) The right to be free from liability for perjury,

concealment or misrepresentation; and
(r) Other rights as provided for under existing

laws, rules and regulations.

(These rights of children in conflict with the law
shall serve as guiding principles in the administration
of the Juvenile Justice and Welfare System.)
Principle of Restorative Justice
RESTORATIVE JUSTICE refers to a principle that
requires a process of resolving conflicts with the
maximum involvement of the victim, the
offender and the community. It seeks to achieve
the following:

(a) Reparation for the victim;
(b) Reconciliation of the offender, the offended
and the community;
(c) Reassurance to the offender that he/she can
be reintegrated into society; and
(d) Enhancement of public safety by activating
the offender, the victim and the community in
prevention strategies.
Anti-Photo and Video Voyeurism Act
PHOTO OR VIDEO VOYEURISM

a) Taking photo or video coverage of a person or group of
persons performing sexual act or any similar activity
without the latter's consent, under circumstances in
which such person/s has/have a reasonable
expectation of privacy.
b) Capturing an image of the private area of a person or
persons without the latter's consent, under
circumstances in which such person/s has/have a
reasonable expectation of privacy
c) Selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video coverage or
recordings of such sexual act or similar activity
through VCD/DVD, internet, cellular phones and
similar means or device without the written consent of
the person/s involved, notwithstanding that consent to
record or take photo or video coverage of same was
given by such person's.
PROHIBITED ACTS
(a) To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as
the naked or undergarment clad genitals, public area,
buttocks or female breast without the consent of the
person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual act
or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether it
be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or show or
exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.
 The prohibition under paragraphs (b), (c) and (d) shall apply
notwithstanding that consent to record or take photo or
video coverage of the same was given by such person/s.
PENALTY
 The penalty of imprisonment of not less that
three (3) years but not more than seven (7) years
and a fine of not less than One hundred thousand
pesos (P100,000.00) but not more than Five
hundred thousand pesos (P500,000.00), or both,
at the discretion of the court.
 If the violator is a JURIDICAL PERSON, its license
or franchise shall be automatically be deemed
revoked and the persons liable shall be the
officers thereof including the editor and reporter
in the case of print media, and the station
manager, editor and broadcaster in the case of a
broadcast media.
 If the offender is a PUBLIC OFFICER OR
EMPLOYEE, OR A PROFESSIONAL, he/she shall
be administratively liable.
 If the offender is an ALIEN, he/she shall be
subject to deportation proceedings after serving
his/her sentence and payment of fines.
EXEMPTION
 Any peace officer, who is authorized by a
written order of the court, to use the record or
any copy thereof as evidence in any civil,
criminal investigation or trial of the crime of
photo or video voyeurism: Provided, That such
written order shall only be issued or granted
upon written application and the examination
under oath or affirmation of the applicant and
the witnesses he/she may produce, and upon
showing that there are reasonable grounds to
believe that photo or video voyeurism has been
committed or is about to be committed, and
that the evidence to be obtained is essential to
the conviction of any person for, or to the
solution or prevention of such, crime.
INADMISSIBILITY OF EVIDENCE
Any record, photo or video, or copy thereof,
obtained or secured by any person in
violation of the preceding sections shall not
be admissible in evidence in any judicial,
quasi-judicial, legislative or administrative
hearing or investigation.
Anti-Child Pornography Act
 CHILD PORNOGRAPHY - refers to any

representation, whether visual, audio, or
written combination thereof, by
electronic, mechanical, digital, optical,
magnetic or any other means, of child
engaged or involved in real or simulated
explicit sexual activities.
EXPLICIT SEXUAL ACTIVITY - includes actual
or simulated. -
(1) As to form:
(i) sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to genital,
anal to genital, or oral to anal, whether
between persons of the same or opposite
sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for
lascivious acts
GROOMING - act of preparing a child or someone
who the offender believes to be a child for
sexual activity or sexual relationship by
communicating any form of child pornography. It
includes online enticement or enticement
through any other means.
LURING - act of communicating, by means of a

computer system, with a child or someone who
the offender believes to be a child for the
purpose of facilitating the commission of sexual
activity or production of any form of child
pornography.
PANDERING - act of offering, advertising,

promoting, representing or distributing through
any means any material or purported material
that is intended to cause another to believe that
the material or purported material contains any
form of child pornography, regardless of the
actual content of the material or purported
material.
PROHIBITED ACTS
(a) To hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of any
form of child pornography;
(b) To produce, direct, manufacture or create any form of
child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;
(d) To possess any form of child pornography with the
intent to sell, distribute, publish, or broadcast:
Provided. That possession of three (3) or more articles of
child pornography of the same form shall be prima facie
evidence of the intent to sell, distribute, publish or
broadcast;
(e) To knowingly, willfully and intentionally provide a
venue for the commission of prohibited acts as, but not
limited to, dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to be a legitimate
business;
(f) For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having
custody or control of a child to knowingly
permit the child to engage, participate or assist
in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child
pornography;
(j) To willfully access any form of child
pornography;
(k) To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to
commit any form of child pornography shall be
committed when two (2) or more persons come
to an agreement concerning the commission of
any of the said prohibited acts and decide to
commit it; and
(l) To possess any form of child pornography.
Syndicated Child Pornography
 The crime of child pornography is deemed

committed by a syndicate if carried out by a
group of three (3) or more persons
conspiring or confederating with one
another and shall be punished under Section
15(a) of this Act.
REPUBLIC ACT 9262
(Anti-Violence Against Women and Their
Children Law)
PUNISHES:
1) Physical, psychological, emotional, sexual, economic violence

committed against women, and their children.
2) Includes Live-In Relationship.

Who is a BATTERED WOMAN?
A woman who is repeatedly subjected to
any forceful physical or psychological
behavior by a man in order to coerce her
to do something he wants her to do
without concern for her rights.
 Includes wives or women in any form of
intimate relationship with men.
 In order to be classified as a battered
woman, the couple must go through
the battering cycle “cycle of violence”
at least twice.
CYCLE OF VIOLENCE
PHASES:
1. TENSION-BUILDING PHASE – During this

phase, minor battering occurs. It could be
verbal or slight physical abuse or another
form of hostile behavior. The woman
usually pacifies the batterer through a show
of kind, nurturing behavior, or by simply
staying out of his way. What actually
happens is that she allows herself to be
abused in ways that, to her, are
comparatively minor. Often, this technique
is not successful. At some unpredictable
point, the violence “spirals out of control”
and to the acute battering incident.
2. ACUTE BATTERING INCIDENT –
Characterized by brutality, destructiveness
and sometimes death. The battered
woman deems this incident as
unpredictable, yet also inevitable. During
this phase, she has no control; only the
batterer may put an end to the violence.
The battered woman usually realizes that
she cannot reason with him, and that
resistance would only exacerbate her
condition.
3. TRANQUIL PERIOD – The final phase of
the cycle of violence begins when acute
battering incident ends. The couple
experience profound relief. The
batterer may show a tender and
nurturing behavior towards his
partner. He tries to make up for his
cruelty and begs for forgiveness and
promises never to beat her again. On
the other hand, the battered woman
also tries to convince herself that the
battering will never happen again; that
her partner will change for the better;
and that this “good, gentle and caring
man” is the real person whom she loves.
B. Rape can now be committed by ANY PERSON, MAN or WOMAN, particularly
RAPE BY SEXUAL ASSUALT.
C. It introduced MARITAL RAPE between married couples.
D. Rape can be committed through fraudulent machination or grave abuse of

authority.
WHAT IS RA 9208, AS AMENDED BY RA 10364?
 The Philippine Government’s legislative response

and compliance to the UNTOC and Trafficking
Protocol.
 “Prior to 2003, the relevant laws to the issue of

human trafficking are the RPC, RA 8042 or the
Migrant Workers and Overseas Filipino Act, RA 6955
of the Mail-Order Bride Act, and RA 8239 or the
Philippine Passport Act. These laws address the
issues of illegal recruitment, prostitution,
falsification of documents and the mail-order bride
scheme. But these laws did not respond to the issue
of recruiting, harboring or transporting persons
resulting in prostitution, forced labor, slavery and
WH AT IS TR A FFIC K IN G I N
P ER S ON S ?
Elements of
TIP
Acts
Means
TRAFFICKI
NG IN
PERSONS
Purpose
Trafficking in
Persons
recruitment
hiring obtaining
offering providing
transfer ACTS transportation
harbori maintaining
receipt
ng
of persons, with or without the victim’s consent
or knowledge, within or across national borders
Trafficking in
Persons
use of threat fraud
force
M
deception
coercion
EANS
abuse of power
abduction or of position
giving/receiving taking
of advantage of
payments/benefit the
s to achieve the vulnerability of
consent of a the person
person
Trafficking in
Persons
sexual exploitation
prostitution
forced labor
involuntary servitude
PURPOSE slavery
removal or sale of
organs
SEXUAL EXPLOITATION
Participation by a person in prostitution,
pornography or the production of
pornography, in exchange for money,
profit or any other consideration or where
the participation is caused or facilitated
by any means of intimidation or threat,
use of force, or other forms of coercion,
abduction, fraud, deception, debt
bondage, abuse of power or of position or
of legal process, taking advantage of the
vulnerability of the person, or giving or
receiving of payments or benefits to
achieve the consent of a person having
control over another person; or in sexual
intercourse or lascivious conduct caused
PROSTITUTION
Any act, transaction, scheme or
design involving the use of a person
by another, for sexual intercourse or
lascivious conduct in exchange for
money, profit or any other
consideration.
FORCED LABOR
The extraction of work or services

from any person by means of
enticement, violence, intimidation or
threat, use of force or coercion,
including deprivation of freedom,
abuse of authority or moral
ascendancy, debt-bondage or
deception including any work or
service extracted from any person
under the menace of penalty.
INVOLUNTARY SERVITUDE
A conditon of enforced and compulsory
service induced by means of any
scheme, plan or pattern, intended to
cause a person to believe that if he or
she did not enter into or continue in
such condition, he or she or another
person would suffer serious harm or
other forms of abuse or physical
restraint, or threat of abuse or harm, or
coercion including depriving access to
travel documents and withholding
salaries, or the abuse of threatened
abuse of the legal process.
DEBT BONDAGE
The pledging by the debtor of his/her

personal services or labor or those of a
person under his/her control as
security or payment for a debt, when
the length and nature of services is not
clearly defined or when the value of
the services as reasonably assessed is
not applied toward the liquidation of
the debt.
SLAVERY
Refers to the status or condition of

a person over whom any or all of the
powers attaching to the right of
ownership are exercised.
THREE CATEGORIES OF
TRAFFICKING IN PERSONS
 Acts of Trafficking in Persons
 Acts that Promote Trafficking in Persons
 Qualified Trafficking in Persons

Acts of Trafficking in Persons
Consummated
TIP
Acts enumerated
Attempted TIP (Section under Section 4
4-A)
1. Facilitating the travel of a child who travels alone to a
foreign country or territory without valid reason and without
the required clearance or permit from the DSWD or a
written permission from the child’s parents or legal
guardian;
2. Executing, for a consideration, an affidavit of consent or a
written consent for adoption;
3. Recruiting a woman to bear a child for the purpose of
selling the child;
4. Simulating a birth for the purpose of selling a child; and
5. Soliciting a child and acquiring the custody through any
means from among hospitals, clinics, nurseries, daycare
centers, refugee or evacuation centers, and low-income
families, for the purpose of selling the child.
Acts of Trafficking in Persons
Accomplice
Liability
Person who knowingly aids, abets and cooperates
in the execution of the offense by previous or
simultaneous acts of trafficking.
Accessories
Person who has knowledge of the commission of
the crime of trafficking, and without having
participated therein, either as principal of
accomplice, takes part in its commission by:
1) Profiting themselves or assisting the offender
to profit by the effects of the crime;
2) Concealing or destroying the body of the crime
or effects or instruments in order to prevent its
discovery; or
3) Harboring, concealing or assisting in the
escape of the principal of the crime.
Acts that Promote Trafficking in
Persons
1. To knowingly lease or sublease, use or allow to be
used any house, building or establishment for the
purpose of promoting trafficking in persons.
2. To produce, print and issue or distribute

unissued, tampered or fake counseling
certificates, registration stickers, overseas
employment certificates or other certificates
of any government agency which issues these
certificates, decals and such other markers as
proof of compliance with government
regulatory and pre-departure requirements for
the purpose of promoting TIP.
Persons
3. 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
TIP.
4. To assist in the conduct of
misrepresentation or fraud for purposes of
facilitating the acquisition of clearances and
necessary exit documents from government
agencies that are mandated to provide pre-
departure registration and services for
departing persons for the purpose of
promoting trafficking in persons.
Persons
5. 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.
6. 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.
Persons
7. 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.
8. To tamper with, destroy, or cause the

destruction of evidence or to influence or
attempt to influence witnesses, in an
investigation or prosecution of a case.
9. To utilize his or her office to impede the

investigation, prosecution or execution of
lawful orders in a case.
Persons
10. To destroy, conceal, remove,

confiscate or possess or attempt to
destroy, conceal, remove, confiscate or
possess, any actual or purported
passport or other travel, immigration or
working permit or document, or any
other actual or purported government
identification, of any person in order to
prevent or restrict, or attempt to
prevent or restrict, without lawful
authority, the person’s liberty to move
or travel in order to maintain the labor
or services of that persons.
Qualified Trafficking in
Persons
1. When the trafficked person is a
child.
2. When adoption is effected through RA 8043
(Inter-Country Adoption Act of 1995) for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage.
3. When it is committed by a syndicate
(carried out by a group of three (3) or
more persons conspiring or confederating
with one another).
4. When it is committed in large scale
(committed against three (3) or more
persons, individually or as a group).
Persons
5. Offender is a spouse, ascendant, parent,
sibling, guardian or a person who exercises
authority over the trafficked person.
6. When the offense is committed by a public

officer or employee.
7. When the trafficked person is recruited

to engage in prostitution with any
member of the military or law
enforcement agencies.
8. When the offender is a member of the
military or law enforcement agencies.
Persons
9. When by reason or on occasion of the act of
trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is
afflicted with HIV or AIDS .
10. When the offender commits one or

more violations over a period of 60 or
more days, whether these days are
continuous or not.
11. When the offender directs or through
another manages the trafficking victim
in carrying out the exploitative purpose
of trafficking
CONFIDENTIALITY RULE
• It refers to the right to privacy of the
trafficked person.
• Law enforcement officers,

prosecutors, judges, social workers,
medical practitioners, parties to the
case shall not disclose to the public
the following:
1) Name of the trafficked person
2) Personal circumstances
3) Any information tending to
establish
the identity of the trafficked person
• Applies at any stage of the rescue,

Where to report?
 Inter-Agency Council Against
Trafficking (IACAT)
 Local Anti-Trafficking Committee
 Local council for the protection of
children
 1343 Actionline against Human
Trafficking
 Barangay authorities
 Nearest police station
 Local SWD office
 Any member agency of the IACAT
Where to report in
cases of international
TIP?
 Embassy/Consulate which has
jurisdiction over the place where the
trafficking occurred or where the
trafficked person is found;
 All officers and personnel of the

Philippine government posted abroad
under the leadership of the
Ambassador or the head of mission;
 Office of the Undersecretary for

Migrant Workers Affairs (OUMWA) of
the DFA.
Who can
file?
any person, including a law
enforcement officer, who
has personal knowledge of
the commission of the
offense
the trafficked
person
victim’s spouse,
siblings or Children
DOJ - National Prosecution Service
Provincial/City Prosecution Office
 where the offense was

committed
Wher  where any of the
e to elements of the
offense occurred
file?
 where the trafficked
person resides at the
time of the
commission of the
TIP Cases should not be
dismissed based on the
Affidavit of Desistance
executed by the victims or
their parents or legal
guardians.
Note:
Prescriptive
period
Generally Large Committ Committ
Scale ed by a ed
Syndicat against a
e child
10 years 20 years 20 years 20 years

Penalties
Acts of Trafficking 20 years imprisonment; 1M to 2M
fine
Attempted 15 years imprisonment; 500K to 1M
Trafficking fine
Accomplice 15 years imprisonment; 500K to 1M

fine
Accessories 15 years imprisonment; 500K to 1M
fine
Acts that Promote 15 years imprisonment; 500K to 1M
Trafficking fine
Qualified Trafficking Life Imprisonment; 2M to 5M fine
Violation of 6 years imprinsoment; 500K to 1M
Confidentiality fine
Use of Trafficked 6months and 1 day to 6 years
Person imprisonment; 50K to 100K fine
Penalties
If it involves intercourse or lascivious conduct with a
child:
Reclusion Temporal in its medium period

500K to 1M fine
If it involves carnal knowledge of or sexual
intercourse with, a male or female TIP victim and
also involves the use of force or intimidation, to a
victim deprived of reason or to an unconscious
victim, or a victim under 12 years of age:
Reclusion Perpetua
1M to 5M fine
If committed by a foreigner:
Deportation after serving the sentence and

permanently barred from entering the country
If committed by Public Official:
Dismissal from service; Perpetual Absolute

Assistance or protection
given to trafficked persons
1) Legal Protection
2) Free Legal Assistance
3) Right to Privacy and
Confidentiality
4) Witness Protection Program
5) Victim Compensation Program
Cyber Pillars
Cybersecurity Cybercrime Data Privacy
Policy Republic Act 10844 Republic Act 10175 Republic Act 10173
Legislation
DICT Act Cybercrime Data Privacy Act
Prevention Act
Primary Department of Department of Data Privacy

Agencies Information and Justice (DOJ) - Office Commission
Communication of Cybercrime
Technology (DICT)
Revised Access Anti- Anti-Child Cybercrim
Penal Devices Traffickin Pornograp
Regulatio g in hy Act of e
Code
n of 1998 Persons 2009 Preventio
Anti-
Act of Photo n Act of
2003 Establishment
2012
and Video
Voyeuris of DOJ – Office
m Act of of Cybercrime
1932 1965 1998 2000 2003 2007 2009 20092011 2012
Anti- E-
Wiretappin Commerce
g Law of Act of Int’l
1965 Rules
2000on Cybercri Philippines
Electronic me was invited
Evidence Conferen to accede to
ce Data the
Privacy Budapest
Convention
Cybercrime on
Legal
Cybercrime
Cybersecurit
y
Framework
Core CYBERCRIMES under the CPA of 2012
1 2 3
Offenses Against Computer-related Content-
Confidentiality, Offenses related
Integrity and Offenses
Availability of
Computer Data and
Systems
1. llegal Access 1. Computer-related 1. Online Child
2. Illegal Interception Identity Theft Abuse/ Child
3. Data Interference 2. Computer-related Pornography
4. System Interference Fraud
3. Computer-related
Forgery
(Human Security Act of 2007)
How is Terrorism Committed?
Terrorism is committed by committing such

crimes that sow and create a condition of
widespread and extraordinary fear and panic
among the populace, in order to coerce the
government to give in to an unlawful
demand.
What are the crimes that
constitute TERRORISM?
a. Piracy in General and Mutiny in the High Seas or in
the Philippine Waters (Article 122, RPC);
b. Rebellion or Insurrection (Article 134);
c. Coup d' Etat, including acts committed by private
persons (Article 134-a);
d. Murder (Article 248);
e. Kidnapping and Serious Illegal Detention (Article
267);
f. Crimes Involving Destruction, Article 324, or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory
and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-
Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives).
What is the imposable
penalty?
FORTY (40) YEARS of IMPRISONMENT, without the benefi t
of parole as provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law.
Conspiracy to Commit
Terrorism
Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years
of imprisonment.
There is conspiracy when two or more persons come

to an agreement concerning the commission of the
crime of terrorism as defined in Section 3 hereof and
decide to commit the same.
Accomplice
Any person who, not being a principal

under Article 17 of the Revised Penal
Code or a conspirator as defined in
Section 4 hereof, cooperates in the
execution of either the crime of terrorism
or conspiracy to commit terrorism by
previous or simultaneous acts shall suffer
the penalty of imprisonment from
seventeen (17) years, four months one
day to twenty (20) years.
Accessory
Any person who, having knowledge of the
commission of the crime of terrorism or conspiracy
to commit terrorism, and without having
participated therein, either as principal or
accomplice under Articles 17 and 18 of the Revised
Penal Code, takes part subsequent to its
commission in any of the following manner:
(a) by profiting himself or assisting the

offender to profit by the effects of the crime;
(b) by concealing or destroying the body of
the crime, or the effects, or instruments thereof,
in order to prevent its discovery;
(c) by harboring, concealing, or assisting in
the escape of the principal or conspirator of the
crime, shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
Accessories exempt from criminal
liability
The penalties prescribed for

accessories shall not be imposed
upon those who are such with
respect to their spouses,
ascendants, descendants,
legitimate, natural, and adopted
brothers and sisters, or relatives
by affinity within the same
degrees, with the single exception
of accessories falling within the
provisions of subparagraph (a).
Surveillance of Suspects and
Interception and Recording of
Communications.
A police or law enforcement official and the
members of his team may, upon a written order
of the Court of Appeals, wire any
communication, message, conversation,
discussion, or spoken or written words between
members of a judicially declared and
outlawed terrorist organization, association,
or group of persons or of any person charged
with or suspected of the crime of terrorism
or conspiracy to commit terrorism.
NOTE: Surveillance, interception and recording of

communications between lawyers and clients,
doctors and patients, journalists and their sources
and confidential business correspondence shall not
be authorized.
THANK YOU
&
GOD BLESS.

Special Penal Laws JRM

Diunggah oleh

Informasi Dokumen

Deskripsi Asli:

Judul Asli

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Special Penal Laws JRM

Diunggah oleh

Hak Cipta:

Format Tersedia

SPECIAL PENAL

Atty. Juvy Ramirez Manwong

What are the CORRUPT PRACTICES of a

A. (1) Persuading, inducing or influencing another public

Prohibits the acceptance by a public officer

G. Entering into contracts grossly disadvantageous to the

H. Directly or indirectly having financial or

I. Having a material interest in any transaction

K. Divulging valuable information of a confidential character, acquired by his

to INTERVENE directly or indirectly, in any business,

A: SANDIGANBAYAN has the original

A: No public officer is allowed to resign or

A: The public officer who is under

A: No. Should the public officer be convicted by

A: The convicted (found guilty of the charges) public officer

A: If the public officer is acquitted, he is entitled to-

A: Fifteen (15) years from the DAY OF COMMISSION of the

PLUNDER is the crime committed by any

Any person holding any

PERSON includes any NATURAL or JURIDICAL person.

NATURAL PERSON – a human being

JURIDICAL PERSON – organizations, or

ILL-GOTTEN WEALTH means any asset, property, business, enterprise or

a) Misappropriation, conversion, misuse or

b) Receiving, directly or indirectly, any commission,

c) Illegal or fraudulent conveyance or disposition of

e) Establishing agricultural, industrial or commercial

f) By taking undue advantage of official position,

All PLUNDER CASES are within the

A plunder case prescribes in 20 years. However, the right of the

ANSWER: A single act does not constitute

Depending on the nature of the frontline services requested or the

The license, permit, or authority is deemed

Note: This rule does not apply when license,

2nd Offense – 3 months suspension without pay; and

3rd Offense – Dismissal and perpetual disqualification from

CRIMINAL LIABILITY OF FIXERS:

MONEY LAUNDERING is a crime whereby the

Amount involved or transacted is

UNLAWFUL ACTIVITY refers to any act or omission or

1) Transacting or attempting to transact a

REGIONAL TRIAL COURT (RTC):

NOTE: This crime is committed if no other crime was committed by

NOTE: This crime is committed if no other crime was

If homicide or murder is committed with the use of an unlicensed

If the “unlawful manufacture, dealing in,

Carrying of any licensed firearm outside his residence without legal

Unlawful manufacture, assembly dealing in,

When a person commits any of the crimes

If the crime of “unlawful manufacture,

1) willfully or knowingly allow any of the firearms

2) willfully or knowingly allow any of them to use

Unlawful tampering, changing, defacing or

Prision Correccional shall be imposed upon

Unlawful repacking, altering or modifying the composition of any

The term “unlicensed firearm” shall include:

1) firearms with expired license; or

 ILLEGAL NUMBERS GAME:

Administrative Penalty of SUSPENSION or DISMISSAL from service.

 Mandated the implementation of a

 POLICY: To eradicate Rabies.

1) Tapping any wire or cable, or using any other