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I. Revised Penal Code (RPC) and related Special Laws Book 11 1.

Fundamental Principles a) Definition of Criminal Law A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. i) Difference between Mala in Se and Mala Prohibita2 Mala in se3 Violations of the Revised Penal Code Mala prohibita Violations of special laws.4

ii) Construction of penal laws Criminal Statutes are liberally construed in favor of the offender. This means that no person shall be brought within their terms who is not clearly within them, nor should any act be pronounced criminal which is not clearly made so by statute.

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Arts. 1-99, RPC; exclude the provisions on civil liability Test to determine if violation of special law is malum prohibitum or malum in se: Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you remove the law, will the act still be wrong? If the wording of the law punishing the crime uses the word willfully, then malice must be proven. Where malice is a factor, good faith is a defense. In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not a basis of liability, unless the special law punishes an omission. When given a problem, take note if the crime is a violation of the Revised Penal Code or a special law. 3 which literally means, that the act is inherently evil or bad or per se wrongful. 4 Not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. Even if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is the product of criminal negligence or culpa. Likewise when the special law requires that the punished act be committed knowingly and willfully, criminal intent is required to be proved before criminal liability may arise. When the act penalized is not inherently wrong, it is wrong only because a law punishes the same.

b) Scope of Application and Characteristics of the Philippine Criminal Law

Generality5

The law is binding to all persons who live or sojourn in the Philippines

Territoriality6

The law is binding to all crimes committed within the National Territory of the Philippines

Prospectivity

The law does not have any retroactive effect.7

(1) Effects of repeal/amendment of penal law What affects the criminal liability of an offender is not whether a penal law is expressly or impliedly repealed; it is whether it is absolutely or totally repealed, or relatively or partially repealed. A repeal is absolute or total when the crime punished under the repealed law has been decriminalized by the repeal. Because of the repeal, the act or omission which used to be a crime is no longer a crime.8

Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. However, it is subject to certain exceptions brought about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. Exceptions to general application of criminal law: a) principles of public international law b) treaties or treaty stipulations c) laws of preferential application Consuls are not diplomatic officers. This includes consul-general, vice-consul or any consul in a foreign country, who are therefore, not immune to the operation or application of the penal law of the country where they are assigned. Consuls are subject to the penal laws of the country where they are assigned. It has no reference to territory. Whenever you are asked to explain this, it does not include territory. It refers to persons that may be governed by the penal law. 6 Exceptions to Territorial Application: Instances enumerated under Article 2 (see Reference) 7 Exception to Prospective Application: When new statute is favorable to the accused who is not a habitual delinquent. Applicable to special laws which provide more favorable conditions to the accused. 8 An example is Republic Act No. 7363, which decriminalized subversion.

A repeal is partial or relative when the crime punished under the repealed law continues to be a crime in spite of the repeal. This means that the repeal merely modified the conditions affecting the crime under the repealed law. The modification may be prejudicial or beneficial to the offender. c) Constitutional limitations on the power of Congress to enact penal laws9

Equal protection

Any person shall not be denied the equal protection of the laws.10

Due process

No person shall be deprived of life, liberty or property without due process of law.11

Non-imposition of cruel and unusual punishment or excessive fines Bill of attainder

Act Prohibiting the Imposition of Death Penalty in the Philippines.12

A legislative act which inflicts punishment without judicial trial.

Ex post facto law

One which makes an action done before the passage of the law and which was innocent when done criminal and punishes such action.

Only the legislative branch of the government can enact penal laws. While the President may define and punish an act as a crime, such exercise of power is not executive but legislative as he derives such power from the law-making body. It is in essence, an exercise of legislative power by the Chief Executive. 10 Art. III, Sec. 1, 1987 Constitution 11 Ibid. 12 R.A. 9346

2. Felonies Acts or omissions punishable by the Revised Penal Code. a) Classifications of Felonies According to the manner of their commission Intentional Those committed with deliberate intent; Culpable Those resulting from negligence, reckless imprudence, lack of foresight or lack of skill.13

According to the stages of their execution Attempted The offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Frustrated Consummated

The offender commences All the elements necessary the commission of a felony for its execution are as a consequence but present.14 which would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator;

According to their gravity Grave Less grave Light

Attaches the capital The law punishes with Infractions of law for the punishment or penalties penalties which in their commission of which the which in any of their maximum period was penalty is arresto menor.15
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Art. 3 Art. 6

periods are afflictive.

correccional;

b) Elements of Criminal Liability i) act or omission ii) punishable by the Revised Penal Code iii) committed by either dolo or culpa c) Impossible Crime16 - one which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means.17 d) Stages of Execution18

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Art. 9 Art. 4, par. 2 17 1. Offender must believe that he can consummate the intended crime, a man stabbing another who he knew was already dead cannot be liable for an impossible crime. 2. The law intends to punish the criminal intent. 3. There is no attempted or frustrated impossible crime. Requisites: 1. Act would have been an offense against persons or property 2. Act is not an actual violation of another provision of the Code or of a special penal law 3. There was criminal intent 4. Accomplishment was inherently impossible; or inadequate or ineffectual means were employed. 18 see Classification of Felonies, supra. Does not apply in: 1. Offenses punishable by Special Penal Laws, unless the otherwise is provided for. 2. Formal crimes (e.g., slander, adultery, etc.) 3. Impossible Crimes 4. Crimes consummated by mere attempt. Examples: attempt to flee to an enemy country, treason, corruption of minors. 5. Felonies by omission 6. Crimes committed by mere agreement. Examples: betting in sports (endings in basketball), corruption of public officers.

e) Conspiracy19 and Proposal Conspiracy20


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Proposal21

Two kinds of conspiracy: (1) Conspiracy as a crime; and (2) Conspiracy as a manner of incurring criminal liability When conspiracy itself is a crime, no overt act is necessary to bring about the criminal liability. The mere conspiracy is the crime itself. This is only true when the law expressly punishes the mere conspiracy; otherwise, the conspiracy does not bring about the commission of the crime because conspiracy is not an overt act but a mere preparatory act . Treason, rebellion, sedition, and coup detat are the only crimes where the conspiracy and proposal to commit to them are punishable. When the conspiracy is only a basis of incurring criminal liability, there must be an overt act done before the co-conspirators become criminally liable. When the conspiracy itself is a crime, this cannot be inferred or deduced because there is no overt act. All that there is the agreement. On the other hand, if the co-conspirator or any of them would execute an overt act, the crime would no longer be the conspiracy but the overt act itself. If the conspiracy is only a basis of criminal liability, none of the co-conspirators would be liable, unless there is an overt act. So, for as long as anyone shall desist before an overt act in furtherance of the crime was committed, such a desistance would negate criminal liability. For as long as none of the conspirators has committed an overt act, there is no crime yet. But when one of them commits any overt act, all of them shall be held liable, unless 1) a co-conspirator was absent from the scene of the crime or 2) he showed up, but he tried to prevent the commission of the crime As a general rule, if there has been a conspiracy to commit a crime in a particular place, anyone who did not appear shall be presumed to have desisted. The exception to this is if such person who did not appear was the mastermind. Conspiracy as a crime, must have a clear and convincing evidence of its existence. Every crime must be proved beyond reasonable doubt. When the conspiracy is just a basis of incurring criminal liability, however, the same may be deduced or inferred from the acts of several offenders in carrying out the commission of the crime. The existence of a conspiracy may be reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal objective. Conspiracy is a matter of substance which must be alleged in the information, otherwise, the court will not consider the same. A conspiracy is possible even when participants are not known to each other. There is conspiracy when the offenders acted simultaneously pursuing a common criminal design; thus, acting out a common criminal intent. Even though there was conspiracy, if a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts, such that even without his cooperation, the crime could be carried out as well, such co-conspirator should be punished as an accomplice only.

When two or more persons come to an When the person who has decided to agreement concerning the commission of commit a felony proposes its execution to a felony and decide to commit it. some other person or persons.

Elements

a. Agreement among 2 or more a. A person has decided to commit a persons to commit a crime crime b. They decide to commit it b. He proposes its commission to another

Crimes

a. Conspiracy to commit sedition b. Conspiracy to commit rebellion c. Conspiracy to commit treason

a. Proposal to commit treason b. Proposal to commit rebellion or insurrection

f) Multiple Offenders (differences, rules, effects) Habitual delinquency Two convictions are enough. Recidivism At least three convictions are required.

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Punishable in the following cases: treason, rebellion or insurrection, sedition, coup d etat, arson and monopolies and combinations in restraint of trade. 21 Only the person proposing or the proponent is criminally liable Proposal is true only up to the point where the party to whom the proposal was made has not yet accepted the proposal. Once the proposal was accepted, a conspiracy arises. Proposal is unilateral, one party makes a proposition to the other; conspiracy is bilateral, it requires two parties

The crimes are not specified; it is enough The crimes are limited and specified to: that they may be embraced under the same title of the Revised Penal Code. (a) serious physical injuries, (b) less serious physical injuries, (c) robbery, (d) theft, (e) estafa or swindling and (f) falsification. There is no time limit between the first There is a time limit of not more than 10 conviction and the subsequent conviction. years between every convictions Recidivism is imprescriptible. computed from the first conviction or release from punishment thereof to conviction computed from the second conviction or release therefrom to the third conviction and so on .

It is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. If not offset, it would only increase the penalty prescribed by law for the crime committed to its maximum period.

It is a special aggravating circumstance, hence it cannot be offset by any mitigating circumstance. Aside from the penalty prescribed by law for the crime committed, an additional penalty shall be imposed depending upon whether it is already the third conviction, the fourth, the fifth and so on .

The circumstance need not be alleged in The circumstance must be alleged in the the information. information; otherwise the court cannot acquire jurisdiction to impose additional penalty.

Reiteracion22

Recidivism

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Thus, if A has been convicted of Murder, and after grant of parole committed Homicide, he labors under this paragraph (10) known as reiteracion, but he is also suffering from recidivism (recidencia). In such a case, he will be considered only as recidivist, and par. 10 will no longer apply to him.

Necessary that offender shall have served Enough that final judgment has been out his sentence for the first sentence rendered in the first offense

Previous and subsequent offenses must Same title not be embraced in the same title of the Code

Not always an aggravating circumstance

Always aggravating

Offenders

Effects

Recidivist one who at the time of his trial Generic aggravating for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC.23
23

It is important that the conviction which came earlier must refer to the crime committed earlier than the subsequent conviction. Basis: Greater perversity of the offender as shown by his inclination to commit crimes Requisites: a. offender is on trial for an offense b. he was previously convicted by final judgment23 of another crime c. that both the first and the second offenses are embraced in the same title of the RPC (not special law) d. the offender is convicted of the new offense Recidivism must be taken into account no matter how many years have intervened between the first and second felonies To prove recidivism, it must be alleged in the information and with attached certified copies of the sentences rendered against the accused

Reiteracion or habituality one who has May be aggravating depending on the been punished for an offense to which the discretion of the court. law attaches an equal or greater penalty.24

Quasi-recidivism any person who shall The penalty is raised to the maximum commit a felony after having been period of the penalty prescribed for the convicted by final judgment, before new felony. beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. Habitual delinquency when a person, within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any of said crimes a third time or oftener.25 a) Upon a third conviction, the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods;

Exceptions: if the accused does not object and when he admits in his confession and on the witness stand 24 In reiteracion, the penalty attached to the crime subsequently committed should be higher or at least equal to the penalty that he has already served. If that is the situation, that means that the offender was never reformed by the fact that he already served the penalty imposed on him on the first conviction. However, if he commits a felony carrying a lighter penalty; subsequently, the law considers that somehow he has been reformed but if he, again commits another felony which carries a lighter penalty, then he becomes a repeater because that means he has not yet reformed. You will only consider the penalty in reiteracion if there is already a second conviction . When there is a third conviction, you disregard whatever penalty for the subsequent crimes committed. Even if the penalty for the subsequent crimes committed are lighter than the ones already served, since there are already two of them subsequently, the offender is already a repeater. However, if there is only a second conviction, pay attention to the penalty attached to the crime which was committed for the second crime. That is why it is said that reiteracion is not always aggravating. This is so because if the penalty attached to the felony subsequently committed is not equal or higher than the penalty already served, even if literally, the offender is a repeater, repetition is not aggravating. 25 When the offender is a recidivist and at the same time a habitual delinquent, the penalty for the crime for which he will be convicted will be increased to the maximum period unless offset by a mitigating circumstance. After determining the correct penalty for the last crime committed, an added penalty will be imposed in accordance with Article 62.

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b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. Notwithstanding, the total of the two penalties to be imposed upon the offender shall in no case exceed 30 years.26

g) Continuing crimes It is a single crime, consisting of a series of acts but arising from one criminal resolution.27

h) Complex Crimes and Special Complex Crimes28 Complex crime Special complex crime29

Habitual delinquency, being a special or specific aggravating circumstance must be alleged in the information. If it is not alleged in the information and in the course of the trial, the prosecution tried to prove that the offender is a habitual delinquent over the objection of the accused, the court has no jurisdiction to consider the offender a habitual delinquent. 26 Art. 62, no. 5. 27 e.g. violation of BP 22 28 In case the crime committed is a composite crime, the conspirator will be liable for all the acts committed during the commission of the crime agreed upon. This is because, in the eyes of the law, all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. 29 or composite crime

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Committed either when a single act constitutes two or more grave or less grave felonies; or when an offense is a necessary means for committing the other. 30 In both cases, the penalty for the more serious crime shall be imposed and is to be applied in its maximum period. It has two kinds: compound crime31 and complex crime proper.32

Made up of more than one crime, but which, in the eyes of the law, warrants a single indivisible offense. They are regarded as a special species of complex crime because there is one specific penalty imposed.33

Art. 48 is not applicable in case of special complex crimes specially provided for in the Revised Penal code like Robbery with Homicide or Rape or Arson34 or Rape with Homicide35 and applies only when no specific penalty is stated in the law.

3. Circumstances which Affect Criminal Liability a) Justifying Circumstances36

30 31

Art. 48 When a single act constitutes 2 or more grave or less grave felonies Requisites: 1) that only one single act is committed by the offender 2) that the single act produces a) 2 or more grave felonies b) one or more grave and one or more less grave felonies c) 2 or more less grave felonies 32 When an offense is a necessary means for committing another Requisites: 1) that at least 2 offenses are committed 2) that one or some of the offenses must be necessary to commit the other 3) that both or all the offenses must be punished under the same statute 33 An example of special complex crime is rape with homicide, when the homicide is consummated; otherwise they are separate offenses; kidnapping with homicide; robbery with arson. 34 Sec. 9, R.A. 7659 amending par. 1 of Art. 294 35 Sec. 11, id. amending Art. 335. 36 See Reference

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The acts of the actor are in accordance with law and hence, he is justified; no criminal and civil liability because there is no crime. i) Anti-Violence against Women and their Children Act of 200437 a) Battered woman38 syndrome A scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.39 Characterized by the so- called cycle of violence, which has 3 phases: 1. Tension building phase 2. Acute battering incident 3. Tranquil, loving40 phase41 b) Exempting Circumstances42 There is an absence of voluntariness, and hence, though there is a crime, there is no criminal liability.

i) Juvenile Justice and Welfare Act of 2006;43 also refer to Child and Youth Welfare Code44
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R.A. 9262 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 at least twice. Any woman may find herself in an abusive relationship with a man once. If it occurs a second time, and she remains in the situation, she is defined as a battered woman. (People v.Genosa, G.R. No. 1359 81, Jan. 15, 2004) 39 Sec. 3 (c) 40 or at least non-violent 41 One must undergo 3 phases to establish the pattern of violence. One must pass 2 cycles, each with 3 phases. 42 See Reference

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1) Definition of child in conflict with the law A child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.45 2) Minimum age of criminal responsibility Age Bracket 15 years old or below Criminal Liability Exempt Treatment The child shall be subjected to an intervention program

Above 15 but below 18, who acted without discernment

Exempt

The child shall be subjected t oan intervention program

Above 15 but below 18, who acted with discernment

Not exempt

The child shall be subjected t o the appropriate proceedings in accordance with the Act.

The exemption from criminal liability does not include exemption from civil liability, which shall be enforced in accordance with existing laws.46 3) Determination of age The age of a child may be determined from the child's: 1. Birth certificate 2. Baptismal certificate 3. Any other pertinent documents In the absence of these documents, age may be based on information fro m the child himself/herself, testimonies of other persons, the physical appearance of
43 44

R.A. 9344 P.D. 603, as amended 45 Sec. 4 (e), R.A. 9344 The child in conflict with the law shall enjoy the presumption of minority. He/she shall enjoy all the rights of a child in conflict with the law until he/she is proven to be 18 years old or older. 46 Sec. 6, R.A. 9344

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the child and other relevant evidence.47 In case of doubt as to the age of the child , it shall be resolved in his/her favor. 4) Exemption from criminal liability48 (5) Treatment of child below age of responsibility Once the child who is under 18 years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, That suspension of sentence shall still be applied even if the juvenile is already 18 years of age or more at the time of the pronouncement of his/her guilt.49 (6) Status offenses under Sec. 57 of R.A. No. 9344 Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child.

(7) Offenses not applicable to children under Sec. 58 of R.A. No. 9344 Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of: a. Vagrancy and prostitution50 b. Sniffing of rugby.51 c) Mitigating circumstances52 Have the effect of reducing the penalty because there is a diminution of any of the elements of dolo or culpa, which makes the act voluntary or because of the lesser perversity of the offender.
47 48

Sec. 7, ibid. See Minimum age of criminal responsibility, supra 49 Sec. 38 50 under Section 202 of RPC 51 under P.D. No. 1619 Reason: Such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling and treatment program. 52 See Reference

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d) Aggravating circumstances53 Serve to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime, the time and place of committing the crime and the means employed or the personal circumstances of the offender. Generic Generally applies to all crimes54 Qualifying Changes the nature of the felony55 Cannot be offset by any mitigating circumstances.

Can be offset by an ordinary mitigating circumstance.

It is not an ingredient of a crime. It only affects the penalty to be imposed but the crime remains the same.

The circumstance is actually an ingredient of the crime. The circumstance affects the nature of the crime itself such that the offender shall be liable for a more serious crime.

No need to allege this circumstance in the information, as long as it is proven during trial. If it is proved during trial, the same is considered in imposing the penalty.

To be appreciated as such, must be specifically alleged in the complaint or information. If not alleged but proven during the trial, it will be considered only as generic aggravating circumstance. If this happens, they are susceptible of being offset by an ordinary mitigating circumstance.56

53 54

Ibid. like recidivism 55 as treachery in homicide to murder 56 When there is more than one qualifying aggravating circumstance present, one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating.

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a) Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives57 as an aggravating circumstance The use of an unlicensed firearm to commit murder or homicide is an aggravating circumstance. Hence, illegal possession or use of unlicensed firearm is no longer punished as a separate offense.58 Although the circumstance that human life was destroyed with the use of an unlicensed firearm is not aggravating under Art. 14, RPC, it may still be taken into consideration to increase the penalty because of the explicit provisions of the Presidential Decree No. 1866, as amended by R.A. 8294. R.A. 8294 penalizes simple illegal possession of firearms, provided that the person arrested committed no other crime. Furthermore, if the person is held liable for murder or homicide, illegal possession of firearms is an aggravating circumstance, but not a separate offense.59 Under Sec. 3 thereof, when a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of explosives like pill box, motolov cocktail bombs, firebombs or other incendiary devices which result in the death of a person, such use shall be considered as an aggravating circumstance. b) The Comprehensive Dangerous Drugs Act of 200260 i) As a qualifying aggravating circumstance

57 58

P.D. 1866, as amended by R.A. 8294 If the illegal possession or use of unlicensed firearm or explosives is in furtherance of, or incident to, or in connection with the crimes of rebellion, insurrection, or subversion shall be absorbed as an element of such crimes. Penalty for mere possession of an unlicensed firearm is based on whether the firearm is lowpowered or high-powered. Unlicensed firearm shall include: firearms with expired license; or unauthorized use of licensed firearm in the commission of the crime. 59 Hence, where an accused was convicted of direct assault with multiple attempted homicide for firing an unlicensed M-14 rifle at several policemen who were about to serve a search warrant, he cannot be held guilty of the separate offense of illegal possession of firearms. (People vs. Ladjaamlam) 60 R.A. 9165

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A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable.61

ii) Immunity from prosecution and punishment, coverage Any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act,62 who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act63 as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution. Conditions: 1) The information and testimony are necessary for the conviction of the persons described above; 2) Such information and testimony are not yet in the possession of the State; 3) Such information and testimony can be corroborated on its material points; 4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and 5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. The immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given and there is no direct evidence available for the State except for the information and testimony of the said informant or witness.64
61 62

Sec. 25 See Reference 63 ibid. 64 Sec. 33

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iii) Minor offenders An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 1165 of this Act, but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence.

Conditions: a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws; b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; and c) The Board favorably recommends that his/her sentence be suspended. While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18) months. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act, Article 19266 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the provisions of this Section.67 iv) Application/Non application of RPC provisions cf. Art. 10,68 RPC The provisions of the Revised Penal Code, as amended, shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender is a
65 66

See Reference Ibid. 67 Sec. 66 68 See Reference

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minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death.69 e) Alternative Circumstances70 Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. f) Absolutory Cause A circumstance which is present prior to or simultaneously with the offense, by reason of which, the accused who acts with criminal intent, freedom, and intelligence, does not incur criminal liability for an act, which constituted a crime. It is present "where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed.71 4. Persons Criminally Liable/Degree of Participation a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders72 i) Punishable acts Any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases;

69 70

Sec. 98 See Reference 71 I Reyes, The Revised Penal Code, 13th ed., 1993, pp. 231-232. Article 247 is an example of an absolutory cause (see Reference) 72 P.D. 1829

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(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; (d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; (f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; (g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; (h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed.73 ii) Compare with Article 20,74 RPC

73 74

Sec. 1, id. Accessories who are exempt from criminal liability Basis: Ties of blood and the preservation of the cleanliness of ones name which compels one to conceal crimes committed by relatives so near as those mentioned. Nephew and Niece not included Accessory not exempt when helped a relative-principal by profiting from the effects of the crime, or assisted the offender to profit from the effects of the crime.

21

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, except accessories falling within the provisions of paragraph 175 of Article 19, RPC.

5. Penalties Penalty is the punishment imposed by lawful authority upon a person who commits an unlawful, deliberate or negligent act.76 a) General Principles - Act Prohibiting the Imposition of Death Penalty in the Philippines77 The imposition of death penalty has been prohibited. Pursuant to Section 2 of R.A. 9346, the property penalty to be imposed on appellant is reclusion perpetua. R.A. 9346 should be applied even if the crime was committed prior to the enactment of the law in view of the principle in criminal law that favorabilia sunt amplianda adiosa restrigenda. Penal laws which are favorable to the accused are given retroactive effect.78

Only accessories covered by par 2 and 3 are exempted. Public officer who helped his guilty brother escape does not incur criminal liability as ties of blood constitutes a more powerful incentive than the call of duty. 75 See Reference 76 People vs. Moran, 44 Phil. 431 77 R.A. 9346 78 PP v. Canuto, G.R. No. 166544, 27 July 2007, 528 SCRA 366, 377.

22

b) Purposes 1. Deterrence - to prevent crimes 2. Retribution - to punish them for what they did 3. Rehabilitation - to get them whipped back into shape 4. Safety - to protect the public from dangerous criminals.

c) Classification Scale Principal Penalties Capital punishment: Death. Accessory Penalties Perpetual or temporary absolute disqualification,

23

Afflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor. Correctional penalties: Prision correccional, Arresto mayor, Suspension, Destierro.

Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted for, the profession or calling. Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs.79

Light penalties: Arresto menor, Public censure

Penalties common to the three preceding classes: Fine, and Bond to keep the peace

d) Duration and Effects Duration

79

Art. 25

24

Reclusion perpetua

Twenty (20) years and one day to forty (40) years. Twelve (12) years and one day to twenty (20) years. and temporary Six (6) years and one day to twelve (12) years, except when the penalty of disqualification is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. and Six (6) months and one day to six (6) years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

Reclusion temporal

Prision mayor disqualification

Prision correccional, destierro

suspension,

Arresto mayor

One (1) month and one day to six (6) months.

Arresto menor

One (1) day to thirty (30) days.

Bond to keep the peace

Required to cover such period of time as the court may determine.80

80

Art. 27, ibid. as amended by Sec. 21, R. A. 7659.

25

Effects The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. 2. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office. 3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. 4. The loss of all rights to retirement pay or other pension for any office formerly held.81 The penalties of perpetual or temporary special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence, according to the extent of such disqualification.82 The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification.83 The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension.84
81 82

Art. 30 Art. 31 83 Art. 32. 84 Art. 33

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Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos85. A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon86. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule87. In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:88 1. The reparation of the damage caused. 2. Indemnification of consequential damages. 3. The fine. 4. The costs of the proceedings. If the convict has no property with which to meet the fine mentioned, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. 2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony. 3. When the principal penalty imposed is higher than prision correccional no subsidiary imprisonment shall be imposed upon the culprit.

85 86

Art. 34 Art. 36 87 Art. 37 88 Art. 38

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4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivation as those of which the principal penalty consists. 5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve89 e) Application i) Indeterminate Sentence Law90 Governs whether the crime is punishable under the Revised Penal Code or a special Law. It is not limited to violations of the Revised Penal Code. It applies only when the penalty served is imprisonment. imprisonment, then it does not apply. a) Application on the imposed sentence Courts are required to fix a minimum and a maximum of the sentence that they are to impose upon an offender when found guilty of the crime charged. So, whenever the Indeterminate Sentence Law is applicable, there is always a minimum and maximum of the sentence that the convict shall serve. If the crime is punished by the Revised Penal Code, the law provides that the maximum shall be arrived at by considering the mitigating and aggravating circumstances in the commission of the crime according to the proper rules of the Revised Penal Code. To fix the maximum, consider the mitigating and aggravating circumstances according to the rules found in Article 64.91 b) Coverage If not by

89 90

Art. 39, as amended by R.A. 5465, April 21, 1969. R.A. 4103, as amended. ISL should not be applied when it is unfavorable to the accused. ISL does not apply to non-divisible penalties. Rule under Art 64 shall apply in determining the maximum but not in determining the minimum. 91 This means 1. Penalties prescribed by the law for the crime committed shall be imposed in the medium period if no mitigating or aggravating circumstance; 2. If there is aggravating circumstance, no mitigating, penalty shall be imposed in the maximum; 3. If there is mitigating circumstance, no aggravating, penalty shall be in the minimum; 4. If there are several mitigating and aggravating circumstances, they shall offset against each other. Whatever remains, apply the rules. 5. If there are two or more mitigating circumstance and no aggravating circumstance, penalty next lower in degree shall be the one imposed.

28

It applies to 1. Crimes punished by the Revised Penal Code 2. Special Laws92 c) Conditions of parole The prisoner could be released on parole after serving the minimum sentence and could be re-arrested to serve the maximum. ii) Three-fold Rule The maximum duration of the convicts sentence shall not be more than three (3) times the length of time corresponding to the most severe of the penalties imposed upon him and shall not exceed forty (40) years. No other penalty shall be inflicted after the sum of those imposed equals the said maximum period.93 The most severe penalties include equal penalties. However, the 3-fold rule applies only when the convict has to serve at least 4 sentences.94 iii) Subsidiary Imprisonment It is imposed when the person has no property with which to meet the fine mentioned in Article 38, par. 3 at the rate of one day for each P8.00.95 However, in order that subsidiary imprisonment may be enforced, it must be expressly stated in the judgment that in case of failure to pay the fine, the accused must suffer subsidiary imprisonment. In absence of such express statement, the subsidiary

92

The Indeterminate Sentence Law shall not apply to: 1. Persons convicted of offense punishable with death penalty or life imprisonment; 2. Persons convicted of treason, conspiracy or proposal to commit treason; 3. Persons convicted of misprision of treason, rebellion, sedition, espionage; 4. Persons convicted of piracy; 5. Persons who are habitual delinquents; 6. Persons who shall have escaped from confinement or evaded sentence; 7. Those who have been granted conditional pardon by the Chief Executive and shall have violated the term thereto; 8. Those whose maximum term of imprisonment does not exceed one (1) year, but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law. 9. Those sentenced to destiero or suspension (this are not punishable by imprisonment) 93 pars. 4 and 5, Art. 70 94 It should be noted however, that the duration of the convicts sentence refers to several penalties for different offenses, not yet served. 95 Art. 39

29

imprisonment cannot be imposed. The reason is because subsidiary imprisonment is a substitute principal penalty, not an accessory penalty.96 It is the personal penalty prescribed by law in substitution of the payment of fine embodied in the decision when the same cannot be satisfied because of the culprits insolvency.97 f) Execution and Service i) Probation Law98 a) Definition of terms

Probation

A disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer.

Probationer

A person placed on probation.

Probation Officer

One who investigates for the court a referral for probation or supervises a probationer or both.99

b) Purpose To establish a more enlightened and humane correctional systems that will promote the reformation of offenders and thereby reduce the incidence of recidivism.100

96 97

Ramos v. Gonong, 72 SCRA 59 People vs. Jarumayan, 52 O.G. 248 There is no subsidiary penalty if: a. The principal penalty is higher than prision correccional; b. It is not of fixed duration; c. The subsidiary penalty, though properly imposable is not expressly stated in the judgment; d. The penalty is not FIDS (Fine; Imprisonment and fine; destierro and fine; suspension and fine); or e. The penalty does not include fine 98 P.D. 968, as amended 99 Sec. 3

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c) Grant of probation, manner and conditions The court may, after it shall have convicted and sentenced a defendant and upon application at any time of said defendant, suspend the execution of said sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court, with notice to the appellate court if an appeal has been taken from the sentence of conviction. The filing of the application shall be deemed a waiver of the right to appeal, or the automatic withdrawal of a pending appeal. An order granting or denying probation shall not be appealable.101 The probation law imposes two kinds of conditions: Mandatory conditions 1) The convict must report to the Probation Officer (PO) designated in the court order approving his application for Probation within 72 hours from receipt of Notice of such order approving his application; and Discretionary conditions:

The trial court, which approved the application for probation, may impose any condition which may be constructive to the correction of the offender, provided the same would not violate the constitutional rights of the 2) The convict, as a probationer, must report offender and subject to this two (2) to the PO at least once a month during the restrictions: period of probation unless sooner required by the PO. (1) the conditions imposed should not be unduly restrictive of the These conditions being mandatory, the probationer; and moment any of these is violate, the probation is cancelled. (2) such condition should not be incompatible with the freedom of conscience of the probationer.

d) Criteria of placing an offender on probation

100 101

WHEREAS clause Sec. 4.

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The court shall consider all information relative to the character, antecedents, environment, mental and physical condition of the offender, and available institutional and community resources. Probation shall be denied if the court finds that: a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or b) there is undue risk that during the period of probation the offender will commit another crime; or c) probation will depreciate the seriousness of the offense committed. e) Disqualified offenders Those: a) sentenced to serve a maximum term of imprisonment of more than six (6) years; b) convicted of any offense against the security of the State; c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos; d) who have been once on probation under the provisions of this Decree; and e) who are already serving sentence at the time the substantive provisions of this Decree became applicable.102 f) Period of probation a) Sentenced to a term of imprisonment of Not to exceed two (2) years. not more than one (1) year In all other cases, said period shall not exceed six (6) years. b) Sentence imposes a fine only and the Not less than nor more than twice the offender is made to serve subsidiary total number of days of subsidiary imprisonment.103 imprisonment in case of insolvency.

102 103

Sec. 9. computed at the rate established in Art. 39 of the Revised Penal Code (Sec. 14)

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g) Arrest of probationer At any time during probation, the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. The probationer, once arrested and detained, shall immediately be brought before the court for a hearing, which may be informal and summary, of the violation charged. The defendant may be admitted to bail pending such hearing. In such a case, the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision. If the violation is established, the court may revoke or continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable.104 h) Termination of probation; exceptions After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated. The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted. The probationer and the probation officer shall each be furnished with a copy of such order.105 i) The Comprehensive Dangerous Drugs Act of 2002106 Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended.107 ii) Juvenile Justice and Welfare Act of 2006;108 also refer to Child and Youth Welfare Code109

104 105

Sec. 15. Sec. 16 106 R.A. 9165 107 Sec. 24, id. 108 R.A. 9344 109 P.D. 603, as amended

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a) Definition of child in conflict with the law110 b) Exemption from criminal liability111 c) Juvenile justice and welfare system A system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development. g) Distinguished from preventive imprisonment Preventive imprisonment is the incarceration undergone by a person accused of a crime which is not bailable, or even if bailable, cannot afford to post the bond. During the trial of his case, he is detained in jail. He is known as detention prisoner. 112

6. Modification and Extinction of Criminal Liability a) Prescription of crimes It is the forfeiture or loss of the right of the State to prosecute the offender or file criminal action after the lapse of a certain period of time.113 The period of prescription shall commence to run from the day of discovery of the crime by the offended party, the authorities or their agents.114 The period shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused
110 111

supra ibid. 112 Art. 29 of the RPC (period of preventive imprisonment deducted from term of imprisonment) is applicable to both divisible and indivisible penalties because said article did not make any distinctions. 113 See Reyes, Revised Penal Code, Book I 114 Art. 91

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being convicted or acquitted, or are unjustifiably stopped from any reason not imputable to him.115

Crimes punishable by death, reclusion Twenty (20) years. perpetua or reclusion temporal

Crimes punishable penalties

by

other

afflictive Fifteen (15) years.

Correctional penalty

Ten (10) years.116

Libel or other similar offenses

One (1) year.

Oral defamation and slander by deed

Six (6) months

Light offenses

Two (2) months

Prescription of Violations of Special Laws117 (a) Offenses punished only by a fine or by imprisonment for not more than one (1) month, or both - one (1) year (b) Those punished by imprisonment for more than one (1) month, but less than two (2) years - four (4) years
115 116

Ibid. Except those punishable by arresto mayor - five (5) years 117 Act. No. 3326

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(c) Those punished by imprisonment for two (2) years or more, but less than six (6) years - eight (8) years (d) Any other offense punished by imprisonment for six (6) years or more twelve (12) years, except the crime of treason - twenty (20) years. (e) Penalized by municipal ordinances - two (2) months. b) Prescription of penalties The loss or forfeiture of the right of the State to execute the final sentence of conviction after the lapse of a certain period of time. The penalty, to be subject of prescription, must have been imposed by final judgment.

Death and reclusion perpetua

Twenty (20) years

Other afflictive penalties

Fifteen (15) years

Correctional penalties

Ten (10) years.118

Light penalties

One (1) year. 119

c) Pardon120 by offended party Only extinguishes civil liability. However, in cases of adultery, concubinage, rape, acts of lasciviousness, seduction or abduction when granted before the institution of the criminal action also extinguishes criminal liability.121 Under R.A. 8353, in the crime of rape, if it is the husband who is the offender, the subsequent forgiveness by the wife shall extinguish the criminal action or the penalty except when the marriage is void ab initio.122 d) Pardon by the Chief Executive
118 119

Except the penalty of arresto mayor five (5) years. Art. 92 120 An act of grace which exempts the individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed (De Leon vs. Dir. Of Prisons, 31 Phil 60). 121 Art. 344 122 Sec. 2

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Extinguishes criminal liability of the offender. It cannot include civil liability which the offender must pay. It is granted only after conviction and may be extended to any of the offenders. e) Amnesty A pardon extended by the government to a group or class of persons, usually for a political offense; the act of sovereign power officially forgiving certain classes of persons who are subject to trial but have not yet been convicted.123 Needs concurrence of congress. It looks backward and abolishes and puts into oblivion the offense itself; it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense.124 Thus, Art. 89 says xxx by amnesty which completely extinguishes the penalty and all its effects.

Book II125 1. Crimes Against National Security

123 124

Blacks Law Dictionary, 9th Ed. Barroquinto, et al. Fernandez, et al., 82 Phil. 642 125 Arts. 114-365, RPC and specially included Special Laws

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Crimes Treason126

Elements a. The offender owes allegiance to the Government of the Philippines b. There is a war in which the Philippines is involved. c. The offender either 1. levies war against the govt.127 or

126

Art. 114 Treason: breach of allegiance to the government, committed by a person who owes allegiance to it. Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are, therefore, not aggravating. Treason cannot be committed in times of peace, only in times of war actual hostilities. But no need for declaration of war Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy) Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused Actual hostilities may determine the date of the commencement of war. No such thing as attempted treason; mere attempt consummates the crime Giving aid or comfort material element, enhances forces of the enemy country. Acts which strengthen or tend to strengthen the enemy in the co nduct of war against the traitors country or that which weaken and tend to weaken the power of the same. Adherence and giving aid or comfort must concur together. But membership in the police force during the occupation is not treason. Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the circumstances surrounding the act. Treason is a continuing crime. Even after the war, offender can be prosecuted. When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1) separate crimes or (2) as complex with treason. On Citizenship: a. Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the Philippines. b. Only Filipino citizens or permanent resident aliens can be held liable c. Alien: with permanent resident status from the BID it is neither the length of stay in the Philippines nor the marriage with a Filipino that matters. Ways of proving treason: a. 2 witnesses testifying to same overt act. Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict? Answer: No. Because the law requires that 2 witnesses see the same overt act. b. Confession of the accused in open court. If he has pleaded not guilty already during arraignment, he can still confess in open court by stating the particular acts constituting treason. During trial, simply saying Im guilty is not enough. Withdrawing plea of not guilty during arraignment not necessary

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2. adheres to the enemies, giving them aid and comfort128

Conspiracy to commit treason129

a. In times of war b. 2 or more persons come to an agreement to 1. levy war against the govt. or 2. adhere to the enemies and to give them aid or comfort, c. They decide to commit it.

Proposal to commit treason

a. In times of war b. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person/s.

If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of affidavit during trial, even if assisted by counsel is not enough. 127 1.breach of allegiance 2.actual assembling of men 3.for the purpose of executing a reasonable design 128 1. breach of allegiance 2.adherence 3. giving aid or comfort to the enemy 129 Art. 115. Mere agreement and decisions to commit treason is punishable Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy

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Misprision of treason130

a. The offender must be owing allegiance to the government, and not a foreigner b. He has knowledge of any conspiracy (to commit treason) against the government c. He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides.

Espionage131

a. Entering, without authority therefor, warship, fort, or naval or military establishments or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. b. Disclosing to the representative of a foreign nation the contents of the articles, data, or information mentioned, which he had in his possession by reason of the public office holds.132

130

Art. 116 Offender is punished as an accessory to the crime of treason This crime does not apply if the crime of treason is already committed Crime of omission To report within a reasonable time depends on time, place and circumstance the RPC did not fix time. RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP Director? Judge Pimentel says any govt official of the DILG is OK. 131 Art. 117 Espionage: the offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. It is not conditioned on citizenship. 132 Purpose: to gather data Not necessary that Philippines is at war with the country to which the information was revealed. What is important is that the information related is connected with the defense system of the Philippines.

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Inciting to war or giving motives for a. The offender performs unlawful or reprisals133 unauthorized acts b. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property

Violation of neutrality134

a. There is war in which the Philippines is not involved b. There is a regulation issued by competent authority for the purpose of enforcing neutrality c. The offender regulation. violates such

Wiretapping is NOT espionage if the purpose is not something connected with the defense Art. 118 Crime is committed in time of peace, intent is immaterial Inciting to war offender is any person Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their country. Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal. 134 Art. 119 Govt must have declared the neutrality of the Phil in a war between 2 other countries It is neutrality of the Phil that is violated Congress has the right to declare neutrality
133

41

Correspondence with hostile country135

a. In times of war in which the Philippines is involved b. The offender makes correspondence with an enemy country or territory occupied by enemy troops c. The correspondence is either 1. prohibited by the govt., or carried on in ciphers or conventional signs, or 2. containing notice or information which might be useful to the enemy

Flight to enemys country136

a. There is a war in which the Philippines is involved b. The offender137 must be owing allegiance to the government c. The offender attempts to flee or go to enemy country d. Which is prohibited by competent authority

135

Art. 120 Circumstances qualifying the offense: a. notice or information might be useful to the enemy b. offender intended to aid the enemy Hostile country exist only during hostilities or after the declaration of war Correspondence to enemy country correspondence to officials of enemy country even if related to you. It is not correspondence with private individual in enemy country If ciphers were used, no need for prohibition If ciphers were not used, there is a need for prohibition In any case, it must be correspondence with the enemy country Doesnt matter if correspondence contains innocent matters if prohibited, punishable 136 Art. 121 Mere attempt consummates the crime There must be a prohibition. If none, even if went to enemy country no violation Alien resident may be guilty here. 137 Filipino or resident alien

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Piracy138

a. A vessel is on seas139/Philippine waters

the

high

b. The offenders are not members of its complement or passengers of the vessel c. The offenders 1. attack or seize that vessel140 or 2. seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers

Qualified piracy141

a. Offenders seized a vessel by boarding or firing upon the same b. They have abandoned their victims without means of saving themselves c. The crime is accompanied by murder, homicide, physical injuries, or rape.142

138

Art. 122 Two (2) Ways of Committing Piracy: a. By attacking or seizing a vessel on the high seas or in the Philippine waters (P.D. 532) b. By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its complement or passengers Piracy in high seas jurisdiction is with any court where offenders are found or arrested Piracy in internal waters jurisdiction is only with Philippine courts For purpose of Anti-Fencing Law, piracy is part of robbery and theft 139 Any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign govt 140 if committed by crew or passengers, the crime is not piracy but robbery in the high seas 141 Art. 123 Parricide/infanticide should be included (Judge Pimentel) Murder/rape/homicide/physical injuries must have been committed on the passengers or complement 142 The above may result to qualified mutiny

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a) Anti-Piracy and Anti- Highway Robbery143 i) Definition of terms

Philippine Waters

All bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction.

Vessel

Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing.

Philippine Highway

Any road, street, passage, highway and bridges or other parts thereof, or railway 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.

Piracy

Any attack upon or seizure of any vessel, or the taking away of the whole or part

143

P.D. 532

44

thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters. The offenders shall be considered as pirates.

Highway Robbery/Brigandage

The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means, committed by any person on any Philippine Highway.

ii) Punishable acts a. Piracy144 b. Highway Robbery/Brigandage145 c. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage.146

144

The penalty is reclusion temporal in its medium and maximum periods. If physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty is reclusion perpetua. If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty is death. 145 The penalty is reclusion temporal in its minimum period. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery or brigandage, the penalty is reclusion temporal in its medium and maximum periods. If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion thereof, the penalty is death (Sec. 3) 146 Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving them information about the movement of police or other peace officers of the government, or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom; or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage, shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code. It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly, unless the contrary is proven (Sec. 4)

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b) Anti-Hijacking Law147 i) Punishable acts148 a. Any person who compels a change in the course or destination of an aircraft of Philippine registry, or to seize up or usurp the control thereof, while it is in flight 149. b. Any person who compels an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory. c) Human Security Act of 2007150 i) Punishable acts of terrorism Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: a. Piracy in General and Mutiny in the High Seas or in the Philippine Waters151 b. Rebellion or Insurrection152 c. Coup d' Etat,153 including acts committed by private persons d. Murder154 e. Kidnapping and Serious Illegal Detention155 f. Crimes Involving Destruction,156 or under 1. The Law on Arson157 2. Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990158

147 148

P.D. 6235 Sec. 1 149 An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation. 150 R.A. 9372 151 Art. 122 152 Art. 134 153 Art. 134-a 154 Art. 248 155 Art. 267 156 Art. 324 157 P. D. No. 1613 158 R. A. No. 6969

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3. Atomic Energy Regulatory and Liability Act of 1968159 4. Anti-Hijacking Law160 5. Anti-Piracy and Anti-Highway Robbery Law of 1974;161 and, 6. Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives.162 thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism.163 ii) Who are liable 1. Persons who conspire to commit the crime of terrorism.164 2. Any person who, not being a principal165 or a conspirator,166 cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts.167 3. 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,168 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;

159 160

R. A. No. 5207 R. A. No. 6235 161 P. D. No. 532 162 P. D. No. 1866, as amended 163 The penalty is forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended (Sec. 3) 164 Conspiracy to Commit Terrorism 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 (Sec. 4) The penalty is forty (40) years of imprisonment. 165 under Art. 17 of the Revised Penal Code 166 as defined in Section 4 thereof 167 Accomplice (Sec.. 5) The penalty is from seventeen (17) years, four (4) months one day to twenty (20) years of imprisonment. 168 under Arts. 17 and 18 of the Revised Penal Code (See Reference)

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(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.169

2. Crimes Against the Fundamental Laws of the State Crimes Arbitrary detention170 Elements a. Offender is a public officer or employee b. He detains a person171 c. The detention was without legal grounds

169 170

Accessory Art. 124 Classes of Arbitrary Detention: a. By detaining a person without legal ground b. Delay in the delivery of detained persons to the proper judicial authorities Detention: when a person is placed in confinement or there is a restraint on his person. Though the elements specify that the offender be a public officer or employee, private individuals who conspire with public officers can also be liable. Legal grounds for the detention of any person: a. commission of a crime b. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Without legal grounds: a. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime b. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital Grounds for warrantless arrest: a. Crime is about to be, is being, has been committed b. Officer must have reasonable knowledge that the person probably committed the crime For escaped prisoner no need for warrant 171 actual restraint

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Delay in the delivery of detained a. Offender is a public officer or employee persons172 b. He has detained a person for some legal ground c. He fails to deliver such person to the proper judicial authority within: 1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent 2. 18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or 3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent

Delaying release173

a. Offender is a public officer or employee b. There is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person

172

Art. 125 Detention is legal in the beginning, but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. Really means delay in filing necessary information or charging of person detained in court. May be waived if a preliminary investigation is asked for. Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty complied with upon the filing of the complaint with the judicial authority (courts, prosecutors though technically not a judicial authority, for purposes of this article, hes considered as one.) The filing of the information in court does not cure illegality of detention. Neither does it affect the legality of the confinement under process issued by the court. To escape from this, officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. Such waiver is not violative of the accused s constitutional right. What is length of waiver? Light offense 5 days. Serious and less serious offenses 7 to 10 days. (Judge Pimentel) Article does not apply when arrest is via a warrant of arrest If offender is a private person, crime is illegal detention 173 Art.126 Wardens and jailers are the persons most likely to violate this provision Provision does not include legislation

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c. Offender without good reason delays: 1. the service of the notice of such order to the prisoner, or 2. the performance of such judicial or executive order for the release of the prisoner, or 3. the proceedings upon a petition for the release of such person

Expulsion174

a. Offender is a public officer or employee b. He expels any person from the Philippines, or compels a person to change his residence c. He is not authorized to do so by law

Violation of domicile175

a. Offender is a public officer or employee

174

Art. 127 2 acts punishable: a. by expelling a person from the Philippines b. by compelling a person to change his residence The crime of expulsion absorbs that of grave coercion. If done by a private person, will amount to grave coercion. Does not include undesirable aliens; destierro; or when sent to prison If X (Filipino) after he voluntarily left, is refused re-entry is considered forcing him to change his address here Threat to national security is not a ground to expel or change his address. 175 Art. 128 If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime committed is trespass to dwelling (Art 280) When a public officer searched a person outside his dwelling without a search warrant and such person is not legally arrested for an offense, the crime committed by the public officer is grave coercion, if violence or intimidation is used (Art 286), or unjust vexation, if there is no violence or intimidation (Art 287) A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner, even if he knew that someone in that dwelling is having unlawful possession of opium Being authorized by law means with search warrant, save himself or do some things good for humanity There must be expression that entry is denied or that he is asked to leave Papers and effects need not be part of a crime.

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b. He is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects

c. He commits any of the following acts: 1. entering any dwelling against the will of the owner thereof; 2. searching papers or other effects found therein without the previous consent of such owner; 3. refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same;

Search warrants obtained

maliciously a. Offender is a public officer or employee b. He procures a search warrant

and

c. There is no just cause

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a. Offender is a public officer or employee Abuse in the service of those legally obtained176 b. He has legally procured a search warrant c. He exceeds his authority or uses unnecessary severity in executing the same Searching domicile 177 witnesses without a. Offender is a public officer or employee b. He is armed with a search warrant legally procured c. He searches the domicile, papers or other belongings of any person d. The owner, or any member of his family, or two witnesses residing in the same locality are not present

Prohibition, interruption, and dissolution of peaceful meetings178


176

a. Offender is a public officer or employee b. He performs any of the ff. acts:

Article 129 Abuse in the service of warrant or exceeding authority or using unnecessary severity in executing a search warrant legally procured Search warrant is valid for 10 days from its date Search warrant is an order in writing issued in the name of the People, signed by the judge and directed to a public officer, commanding him to search for personal property described therein and bring it before the court No just cause warrant is unjustified Search limited to what is described in the warrant, all details must be with particularity Malicious warrant. Example. X was a respondent of a search warrant for illegal possession of firearms. A return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. Abuse. Examples: a. X owner was handcuffed while search was going-on. b. Tank was used to ram gate prior to announcement that a search will be made c. Persons who were not respondents were searched 177 Article 130 Order of those who must witness the search: a. Homeowner b. Members of the family of sufficient age and discretion c. Responsible members of the community (cant be influenced by the searching party) Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. Latter is preferred for objective determination.

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1. prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same179 2. hindering any person from joining any lawful association or from attending any of its meetings Interruption worship180 of religious a. Offender is a public officer or employee b. Religious ceremonies or manifestations of any religion are about to take place or are going on c. He prevents or disturbs the same

Offending religious feelings181


178

a. The acts complained of were performed

Article 131 Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances If the offender is a private individual, the crime is disturbance of public order (Art 153) Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or interrupting that meeting Meeting is subject to regulation Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, its unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body, not punishable under this article The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped But stopping the speaker who was attacking certain churches in public meeting is a violation of this article Prohibition must be without lawful cause or without lawful authority Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires permits for meetings in public places. But if police stops a meeting in a private place because theres no permit, officer is liable for stopping the meeting. 179 e.g. denial of permit in arbitrary manner 180 Art. 132 Circumstance qualifying the offense: if committed with violence or threats Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion, but only a meeting of a religious sect. But if done in a private home, its a religious service Religious Worship: people in the act of performing religious rites for a religious ceremony; a manifestation of religion. Ex. Mass, baptism, marriage X, a private person, boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. Is X liable? X may be liable under Art. 133 because X is a private person. When priest is solemnizing marriage, he is a person in authority, although in other cases, hes not. 181 Art. 133 If in a place devoted to religious purpose, there is no need for an ongoing religious ceremony

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1. in a place devoted to religious feelings,182 or 2. during the celebration of any religious ceremony b. The acts must be notoriously offensive to the feelings of the faithful183 c. Offender is any person d. There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet.

Crime

Nature of Crime

Who are Liable

If Element Missing

Prohibition, Crime against the Public officers, If not by public officer = Interruption and fundamental law of Outsiders tumults Dissolution of the state Peaceful Meeting

Interruption Religious Worship

Crime against the Public officers, If by insider = unjust of fundamental law of Outsiders vexation the state If not religious = tumult or alarms If not notoriously offensive = unjust vexation

Example of religious ceremony (acts performed outside the church). Processions and special prayers for burying dead persons but not prayer rallies Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing or attempting to damage an object of religious veneration There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness is not enough 182 for this element, no need of religious ceremony, only the place is material 183 deliberate intent to hurt the feelings

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Offending the Crime against Public officers, If not tumults = alarms Religious Feeling public order private persons, and scandal outsiders If meeting illegal at onset = inciting to sedition or rebellion

a. Human Security Act of 2007184 (1) Period of detention The provisions of Article 125185 of the Revised Penal Code to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said charged or suspected person to the proper judicial authority within a period of three (3) days counted from the moment the said charged or suspected person has been apprehended or arrested, detained, and taken into custody by the said police, or law enforcement personnel. The arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7186 and examination of bank deposits under Section 27187 of this Act. The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of terrorism, present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day or night. It shall be the duty of the judge, among other things, to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought to his/her residence or office.

184 185

R.A. 9372 See Reference 186 Ibid. 187 Ibid.

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Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided ,That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph188. In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three (3) days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned. Within three days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately189. b. Anti-Torture Act190 (1) Punishable acts (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as: (1) Systematic beating, head banging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach; (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten; (3) Electric shock;

188 189

Sec.. 18. Sec. 19. 190 R.A. 9745

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(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s); (5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation; (6) Being tied or forced to assume fixed and stressful bodily position; (7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals; (8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.; (9) Dental torture or the forced extraction of the teeth; (10) Pulling out of fingernails; (11) Harmful exposure to the elements such as sunlight and extreme cold; (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation; (13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as: (i) The administration or drugs to induce confession and/or reduce mental competency; or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and (14) Other analogous acts of physical torture; and (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as:

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(1) Blindfolding; (2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts; (3) Confinement in solitary cells or secret detention places; (4) Prolonged interrogation; (5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner; (6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed; (7) Maltreating a member/s of a person's family; (8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party; (9) Denial of sleep/rest; (10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body against his/her will; (11) Deliberately prohibiting the victim to communicate with any member of his/her family; and (12) Other analogous acts of mental/psychological torture.191 (2) Who are liable192 Any person who actually participated or induced another in the commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals.

191 192

Sec. 4. criminally

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The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals. Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel, inhuman and degrading treatment or punishment is being committed and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of the following manner: (a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or punishment; (b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery; or (c) By harboring, concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the official's public functions.193

193

Sec. 13.

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3. Crimes Against Public Order Crimes Rebellion or insurrection194


194

Elements a. There be

Art. 134 Success is immaterial, purpose is always political Rebellion used where the object of the movement is completely to overthrow and supersede the existing government Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of govt authority w/ respect to particular matters or subjects Actual clash of arms w/ the forces of the govt, not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the govt Purpose of the uprising must be shown but it is not necessary that it be accomplished A change of government w/o external participation Rising publicly and taking arms against government actual participation. If there is no public uprising, the crime is of direct assault. Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation, there must be actual participation Not necessary that there is killing, mere threat of removing Phil is sufficient Rebellion cannot be complexed with any other crime. However, illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime such along with the crime of conspiracy or proposal to commit such A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed If killing, robbing were done for private purposes or for profit, without any political motivation, the crime would be separately be punished and would not be embraced by rebellion ( People v. Fernando) Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. directed the others b. spoke for them c. signed receipts and other documents issued in their name d. performed similar acts on behalf of the rebels Persons liable for rebellion: i. Any person who: 1. promotes 2. maintains, or 3. heads a rebellion or insurrection; or ii. Any person who, while holding any public office or employment, takes part therein by: 1. engaging in war against the forces of the government 2. destroying property or committing serious violence 3. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: diverting public funds is malversation absorbed in rebellion);

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1. public uprising and 2. taking arms against the government195 b. Purpose of the uprising or movement is either 1. to remove from the allegiance to said government or its laws i. the territory of the Philippines or any part thereof, or ii. anybody of land, naval or other armed forces, or 2. to deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives

Coup d etat196

a. Swift attack b. Accompanied by violence, intimidation, threat, strategy or stealth c. Directed against: 1. 2. 3. 4. duly constituted authorities any military camp or installation communication networks or public utilities other facilities needed for the exercise and continued possession of power

4. Any person merely participating or executing the command of others in rebellion Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to hostilities against the armed force. Public officer must take active part because mere silence or omission not punishable in rebellion It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never recognized the government Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government a. Killing, robbing etc. for private persons or for profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion. 195 force/violence 196 Art. 134-A

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d. Singly or simultaneously carried out anywhere in the Philippines or e. Committed by any person or persons belonging to the military or police or holding any public office or employment; with or without civilian support or participation f. Purpose of seizing or diminishing state power Conspiracy to commit rebellion or a. 2 more persons come to an agreement to rise insurrection197 publicly and take arms against the government b. For any of the purposes of rebellion c. They decide to commit it

Proposal to commit rebellion or a. A person who has decided to rise publicly and insurrection198 take arms the government b. For any of the purposes of rebellion c. Proposes its execution to some other person/s

197 198

Art. 136 Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the govt The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if theres no evidence that the hearers then and there agreed to rise up in arms against the govt Conspiracy must be immediately prior to rebellion If it is during the rebellion, then it is already taking part in it.

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Disloyalty of public officers and a. Failing to resist rebellion by all the means in employees199 their power b. Continuing to discharge the duties of their offices under the control of rebels c. Accepting appointment to office under rebels

Inciting to rebellion or insurrection200

a. Offender does not take arms or is not in open hostility against the government b. He incites others to the execution of any of the acts of rebellion c. The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end

Sedition201

a. Offenders rise 1. Publicly202

199

Art. 137 Presupposes existence of rebellion Must not be in conspiracy with rebels or coup plotters If there are means to prevent the rebellion but did not resist it, then theres disloyalty. If there are no means, no fault If position is accepted in order to protect the people, not covered by this The collaborator must not have tried to impose the wishes of the rebels of the people. 200 Art. 138 Intentionally calculated to seduce others to rebellion There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134 201 Art. 139 Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. Difference from rebellion object or purpose of the surprising. For sedition sufficient that uprising is tumultuous. In rebellion there must be taking up of arms against the government. Sedition purpose may be either political or social. In rebellion always political Tumultuous caused by more than 3 persons who are armed or provided with means of violence Preventing public officers from freely exercising their functions In sedition offender may be a private or public person (Ex. Soldier) Public uprising and the object of sedition must concur Persons liable for sedition: a. leader of the sedition, and b. other persons participating in the sedition

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2. Tumultuously203 b. They employ force, intimidation, or other means outside of legal methods c. Offenders employ any of those means to attain any of the following objects: 1. to prevent the promulgation or execution of any law or the holding of any popular election 2. to prevent the national government, or any provincial or municipal government, or any public thereof from freely exercising its or his functions, or prevent the execution of any administrative order 3. to inflict any act or hate or revenge upon the person or property of any public officer or employee 4. to commit for any political or social end, any act of hate or revenge against private persons or any social class204 5. to despoil, for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof

Inciting to sedition205
202 203

a. Offender does not take a direct part in the

if no public uprising = tumult and other disturbance of public order vis--vis rebellion where there must be a taking of arms 204 hence, even private persons may be offended parties 205 Art. 142 Acts punished: 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.; 2. Uttering seditious words or speeches which tend to disturb the public peace; 3. Writing, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace. Different acts of inciting to sedition: a. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems etc.

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crime of sedition b. He incites others to the accomplishment of any of the acts which constitute sedition206 c. The inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end.207

Acts tending to prevent the a. There be a projected or actual meeting of meeting of congress and similar Congress or any of its committees or bodies208 subcommittees, constitutional commissions or committees or division thereof, or of any provincial board or city or municipal council or board b. Offender who may be any persons prevents such meeting by force or fraud

Uttering seditious words or speeches which tend to disturb the public peace or writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace c. Knowingly concealing such evil practices When punishable: a. when they tend to disturb or obstruct any lawful officer in executing the functions of his office; or b. when they tend to instigate others to cabal and meet together for unlawful purposes c. when they suggest or incite rebellious conspiracies or riots; or d. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government 206 Art. 134 207 Purpose: cause commotion not exactly against the government; actual disturbance not necessary 208 Art. 143 Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined.

b.

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Disturbance of proceedings209

a. There be a meeting of Congress or any of its committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board b. Offender does any of the following acts: 1. he disturbs any of such meetings 2. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it

Violation of 210 immunity

parliamentary a. Offender is a public officer or employee b. He arrests or searches any member of Congress c. Congress, at the time of arrest or search, is in a regular or special session d. The member searched has not committed a crime punishable under the code by a penalty higher than prision mayor211

209

Art. 144 Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt 210 Art. 145 Article partly inoperative because of the 1987 Constitution Acts punishable: a. By using force, intimidation, threats, or frauds to prevent any member of Congress from 1. attending the meeting of the assembly or any of its committees, constitutional commissions or committees or divisions thereof, or from 2. expressing his opinions or 3. casting his vote b. By arresting or searching any member thereof while Congress is in a regular or special session, except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor 211 1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment.

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Illegal assemblies212

a. Meeting of the first form 1. Meeting, gathering or group of persons whether in a fixed place or moving 2. purpose: to commit any of crimes punishable under the code 3. meeting attended by armed persons b. Meeting of the second form 1. Meeting, gathering or group of persons whether in a fixed place or moving 2. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. a. Organized totally or partially for the purpose of committing any of the crimes in RPC b. Or for some purpose contrary to public morals

Illegal

associations213

212

Art. 146 Not all the persons present at the meeting of the first form of illegal assembly must be armed Persons liable for illegal assembly a. the organizers or leaders of the meeting b. persons merely present at the meeting (except when presence is out of curiosity not liable) Responsibility of persons merely present at the meeting a. if they are not armed, penalty is arresto mayor b. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional Presumptions if person present at the meeting carries an unlicensed firearm: a. purpose of the meeting is to commit acts punishable under the RPC b. considered as leader or organizer of the meeting 213 Art. 147 Persons liable: a. founders, directors and president of the association b. mere members of the association

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Direct assault214

1st form: a. Offender employs force or intimidation. b. The aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition.215 c. There is no public uprising. 2nd form a. Offender 1. makes an attack, 2. employs force, 3. makes a serious intimidation, or 4. makes a serious resistance. b. The person assaulted is a person in authority or his agent.

214

Art. 148 Direct assault cannot be committed during rebellion. Always complexed with the material consequence of the act (e.g. direct assault with murder) except if resulting in a light felony, in which case, the consequence is absorbed Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority, the force employed must be of serious character The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands) The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Pointing a gun) Even when the person in authority or the agent agrees to fight, still direct assault. When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate self-defense There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties. When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked Circumstances qualifying the offense (Qualified Assault): a. when the assault is committed with a weapon b. when the offender is a public officer or employee c. when the offender lays hand upon a person in authority Complex crime of direct assault with homicide or murder, or with serious physical injuries. 215 victim need not be person in authority

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c. At the time of the assault the person in authority or his agent

1. is engaged in the actual performance of official duties,216 or that he is assaulted 2. by reason of the past performance of official duties.217 a. Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties.218 b. There is no public uprising.

Indirect assault219

a. A person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148. b. A person comes to the aid of such authority or his agent. c. Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.

Disobedience to summons220

a. Refusing without legal excuse to obey summons b. Refusing to be sworn or placed under

216 217

motive is not essential motive is essential 218 with intention to offend, injure or assault 219 Art. 149 Indirect assault can be committed only when a direct assault is also committed To be indirect assault, the person who should be aided is the agent (not the person in authority because it is already direct assault, the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman under attack. 220 Art. 150

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affirmation c. Refusing to answer any legal inquiry to produce books, records etc. d. Restraining another from attending as witness in such body e. Inducing disobedience to a summons or refusal to be sworn

Resistance and disobedience to a a. A person in authority or his agent is engaged in person in authority or the agent of the performance of official duty or gives a lawful such person221 order to the offender. b. Offender resists or seriously disobeys such
221

Art. 151, par. 1 Persons in authority/Agents of persons in authority (Art. 152) Person in Authority any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. a. Barangay captain b. Barangay chairman c. Teachers d. Professors e. Persons charged with the supervision of public or duly recognized private schools, colleges and universities f. Lawyers in the actual performance of their professional duties or on the occasion of such performance Agent of Person in Authority any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. a. Barrio councilman b. Barrio policeman c. Barangay leader d. municipal treasurer e. postmaster f. Sheriff g. agents of the BIR h. Malacaang confidential agent i. Any person who comes to the aid of persons in authority Sec. 388 of the Local Govt Code provides that for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority.

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person in authority or his agent. c. The act of the offender is not included in the provisions of Arts. 148, 149 and 150. d. An agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. Simple disobedience222 a. Offender disobeys such agent of a person in authority. b. Such disobedience is not of a serious nature.

Tumults and other disturbances of a. Causing any serious disturbance in a public public order223 place, office or establishment b. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included in Art 131 and 132224 c. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place d. Displaying placards or emblems which provoke a disturbance of public order in such place e. Burying with pomp the body of a person who has been legally executed.

222 223

Id., par 2 Art. 153 If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting to rebellion or sedition. Tumultuous if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) tumultuous in character 224 Public Officers interrupting peaceful meetings or religious worship

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Unlawful use of publication and utterances225

means of a. Publishing or causing to be published, by unlawful means of printing, lithography or any other means of publication as news any false news which may endanger the public order, or cause damage to the interest or credit of the State. b. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches

c. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially d. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printers name or which are classified as anonymous.

Alarms and scandals226

a. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger b. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement d. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153.227

225 226

Art. 154 Art. 155 227 Tumult Charivari mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, insult or annoy

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Delivering prisoners from jail228

a. There is a person confined in a jail or penal establishment. b. Offender removes therefor such person, or helps the escape of such person229 c. Offender is a private individual

Firearm must not be pointed at a person, otherwise, it is illegal discharge What governs is the result, not the intent 228 Art. 156 Prisoner may be detention prisoner or one sentenced by virtue of a final judgment A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here It may be committed through negligence Circumstances qualifying the offense is committed by means of violence, intimidation or bribery. Mitigating circumstance if it takes place outside the penal establishment by taking the guards by surprise 229 if the escapee is serving final judgment, he is guilty of evasion of sentence

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Evasion of sentence or service230

a. Offender is a convict by final judgment. b. He is serving his sentence which consists in deprivation of liberty231 c. He evades the service of his sentence by escaping during the term if his sentence.232

Evasion of service of sentence on a. Offender is a convict by final judgment who is the occasion of disorders, confined in a penal institution. conflagrations, earthquakes or other calamities233 b. There is disorder, resulting from1. conflagration, 2. earthquake, 3. explosion, or 4. similar catastrophe, or 5. mutiny in which he has not participated. c. Offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny.
230

Art. 157 A continuing offense. Offenders not minor delinquents nor detention prisoners If escaped within the 15 day appeal period no evasion No applicable to deportation as the sentence Flimsy excuse for violating destierro not acceptable Circumstances qualifying the offense (done thru): a. unlawful entry (by scaling) b. breaking doors, windows, gates, walls, roofs or floors c. using picklocks, false keys, disguise, deceit, violence or intimidation d. connivance with other convicts or employees of the penal institution 231 destierro included 232 fact of return immaterial 233 Art. 158 Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in no case to exceed 6 months. Offender must escape to be entitled to allowance Mutiny organized unlawful resistance to a superior officer, a sedition, a revolt Disarming the guards is not mutiny

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d. Offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity.

Violation of conditional pardon234

a. Offender was a convict. b. He was granted a conditional pardon by the chief executive. c. He violated any of the conditions of such pardon.

a. Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives235 as an element of the crimes of rebellion, insurrection, sedition, or attempted coup detat236 b. Human Security Act of 2007237 (1) Punishable acts of terrorism238 (2) Who are liable239 (3) Absorption principle in relation to complex crimes

234

Art. 159 Infringement of conditions/terms of President Condition extends to special laws violation of illegal voting Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article. But if under Revised Admin Code, no conviction necessary. President has power to arrest, reincarnate offender without trial 235 P.D. 1866, as amended by R.A. 8294 236 supra 237 R.A. 9372 238 supra 239 Ibid.

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Other crimes committed in the course of acts of terrorism are deemed absorbed either as a means necessary for their commission or as an unintended effect of acts of terrorism. They cannot be charged as separate offenses in themselves. 4. Crimes Against Public Interest Crimes Counterfeiting government240 great seal Elements/How committed of a. Forging the great seal of the Government b. Forging the signature of the President c. Forging the stamp of the President

Using forged signature counterfeit seal or stamp241

or a. The great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person. b. Offender knew of the counterfeiting or forgery. c. He used the counterfeit seal or forged signature or stamp.

Making and importing and uttering a. There be false or counterfeited coins243 false coins242 b. Offender either made, imported or uttered
240

Art. 161 When the signature of the President is forged, it is not falsification but forging of signature under this article Signature must be forged, others signed it not the President. 241 Art. 162 Offender is not the forger/not the cause of the counterfeiting 242 Utter to pass counterfeited coins, deliver or give away Import to bring to port the same Both Philippine and foreign state coins Applies also to coins withdrawn from circulation Essence of article: making of coins without authority 243 Need not be legal tender Counterfeiting imitation of legal or genuine coin (may contain more silver, different design) such as to deceive an ordinary person in believing it to be genuine

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such coins. c. In case of uttering such false or counterfeited coins, he connives with counterfeiters or importers

Multilation of coins importation and utterance244 Selling of false or mutilated coin, without connivance245 1. Possession of coin, a. possession counterfeited or mutilated by b. with intent to utter, and another person, with intent to utter c. knowledge the same, knowing that it is false or mutilated. a. actually uttering, and 2. Actually uttering such false or b. knowledge. mutilated coin, knowing the same to be false or mutilated.

Forging treasury or bank notes Forging or falsity of treasury/bank notes or importing and uttering246 documents payable to bearer
244

Art. 164 This has been repealed by PD 247. Under this P.D., the acts punishable are: a. willful defacement b. mutilation c. tearing d. burning e. destruction of Central Bank notes and coins Mutilation under the Revised Penal Code is true only to coins. It cannot be a crime under the Revised Penal Code to mutilate paper bills because the idea of mutilation under the code is collecting the precious metal dust. However, under Presidential Decree No. 247, mutilation is not limited to coins. Art. 165 Mutilation to take off part of the metal either by filling it or substituting it for another metal of inferior quality, to diminish by inferior means (to diminish metal contents). Foreign notes and coins not included. Must be legal tender. Must be intention to mutilate. 245 Art. 165 Possession does not require legal tender in foreign coins Includes constructive possession 246 Art. 166

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b. Importing of such notes c. Uttering of such false or forged obligations and notes in connivance with forgers and importers

Counterfeiting, importing, and a. There be an instrument payable to order or uttering instruments not payable other document of credit not payable to bearer. to bearer247 b. Offender either forged, imported or uttered such instruments. c. That in case of uttering, he connived with the forger or importer

Forging by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document Falsification by erasing, substituting, counterfeiting or altering by any means the figures and letters, words, signs contained therein e.g. falsifying lotto or sweepstakes ticket. Attempted estafa through falsification of an obligation or security of the Phil PNB checks not included here its falsification of commercial document under Article 172 Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes, coupons, treasury notes, certificate of deposits, checks, drafts for money, sweepstakes money If the falsification is done on a document that is classified as a government security, then the crime is punished under Article 166. On the other hand, if it is not a government security, then the offender may either have violated Article 171 or 172. 247 Art. 167

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Illegal possession and use of false treasury or bank notes and other instrument of credit248

a. Any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. b. Offender knows that any of those instruments is forged or falsified. c. He performs any of these acts 1. using any of such forged or falsified instrument, or 2. possessing with intent to use any of such forged or falsified instrument.

Forgery249

a. By giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of a true and genuine document b. By erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs contained therein.

248

Art. 168 Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes 249 Article 169 Forgery under the Revised Penal Code applies to papers, which are in the form of obligations and securities issued by the Philippine government as its own obligations, which is given the same status as legal tender. Generally, the word counterfeiting is not used when it comes to notes; what is used is forgery. Counterfeiting refers to money, whether coins or bills. Notice that mere change on a document does not amount to this crime. The essence of forgery is giving a document the appearance of a true and genuine document. Not any alteration of a letter, number, figure or design would amount to forgery. At most, it would only be frustrated forgery. When what is being counterfeited is obligation or securities, which under the Revised Penal Code is given a status of money or legal tender, the crime committed is forgery. Distinction between falsification and forgery Falsification is the commission of any of the eight acts mentioned in Art. 171 on legislative, public or official, commercial, or private documents, or wireless, or telegraph messages. The term forgery as used in Art. 169 refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order.

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Falsification documents250

of

legislative a. A bill, resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council.251 b. Offender alters the same. c. He has no proper authority therefor. d. The alteration has changed the meaning of the document.

Falsification of documents by a. Offender is a public officer, employee, or public officer, employee, or notary notary public. or ecclesiastical minister252 b. He takes advantage of his official position. c. He falsifies a document by committing any of the following acts: 1. Counterfeiting or imitating handwriting, signature or rubric. Requisites: i. There be an intent to imitate, or an attempt to imitate ii. The two signatures or handwritings, the genuine and the forged, bear some resemblance to each other 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate.
250

any

Art. 170 Accused must not be a public official entrusted with the custody or possession of such document, otherwise, Art. 171 applies. The falsification must be committed on a genuine, true and authentic legislative document. If committed on a simulated, spurious or fabricated legislative document, the crime is not punished under this article but under Art. 171 or 172. 251 The words "municipal council" should include the city council or municipal board Reyes 252 Art. 171

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3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. Requisites: i. Offender caused it to appear in a document that a person/s participated in an act or a proceeding; and ii. Such person/s did not in fact so participate in the act or proceeding 4. Making untruthful statements in a narration of facts254 Requisites: i. Offender makes in a document statements in a narration of facts ii. He has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done) and iii. The facts narrated by the offender are absolutely false; and iv. The perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person 5. Altering true dates255 6. Making any alteration or intercalation in a
254

For one to be held criminally liable, the untruthful statement must be such as to effect the integrity of the document or to change the effects which it would otherwise produce. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex. Residence certificates The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind of falsification may be committed by omission There must be a narration of facts, not a conclusion of law. Must be on a material matter 255 Date must be essential The document must be material to the right created or to the obligation that is extinguished.

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genuine document which changes its meaning. Requisites: i. There be an alteration (change) or intercalation (insertion) on a document ii. Made on a genuine document iii. The alteration/intercalation has changed the meaning of the document iv. The change made the document speak something false. 7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original256 or 8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. Falsification by private individuals a. Offender is a private individual or a public and use of falsified documents officer or employee who did not take advantage of his official position. b. He committed any of the acts of falsification enumerated in Art. 171.257 c. The falsification was committed in any public or official or commercial document.258 Falsification of private document253
253

a. Offender committed any of the acts of

Art. 172 Falsification of Private Documents: Prejudice to third party is an element of the offense. 256 if no knowledge, falsification through negligence The acts of falsification mentioned in this paragraph are committed by a public officer or by a notary public who takes advantage of his official position as custodian of the document. It can also refer to a public officer or notary who prepared and retained a copy of the document. The falsification can be done in two ways. It can be a certification purporting to show that the document issued is a copy of the original

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falsification, except those in paragraph 7 and 8, enumerated in Art. 171. b. The falsification was committed in any private document c. The falsification caused damage259 to a third party or at least the falsification was committed with intent to cause such damage. Use of falsified document a. Introducing in a judicial proceeding: 1. Offender knew that a document was falsified by another person. 2. The false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172. 3. He introduced said document in evidence in any judicial proceeding.260 b. Use in any other transaction: 1. Offender knew that a document was falsified by another person. 2. The false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172. 3. He used such documents261
on record when no such original exists. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued, entries which are not found on contrary to, or different from the original genuine document on file. Falsification of Public/Official Documents: Prejudice to third persons is immaterial, what is punished is the violation of public faith and perversion of truth which the document proclaims. 257 supra 258 Under this paragraph, damage is not essential, it is presumed If the falsification of public, official or commercial documents, whether they be public official or by private individuals, it is not necessary that there be present the idea of gain or the intent to injure a third person. What is punished under the law is the violation of public faith and the perversion of the truth as solemnly proclaimed by the nature of the document. (Sarep vs. Sandiganbayan) 259 essential element; hence, no crime of estafa thru falsification of private document 260 intent to cause damage not necessary 261 not in judicial proceedings

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4. The use of the documents caused damage to another or at least was used with intent to cause such damage.

Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified messages262 1. Uttering fictitious, wireless, a. Offender is an officer or employee of the telegraph or telephone message government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. b. Accused commits any of the following acts: i. uttering fictitious wireless, telegraph, or telephone message, or cable,

ii. falsifying wireless, cable, telegraph, or telephone message

The user of the falsified document is deemed the author of falsification, if: a. the use is so closely connected in time with the falsification b. the user had the capacity of falsifying the document 262 Art. 173 The public officer, to be liable, must be engaged in the service of sending or receiving wireless, cable and telegraph or telephone message

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2. Falsifying wireless, telegraph or telephone message a. Offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. b. Accused commits any of the following acts: i. uttering fictitious wireless, telegraph, or telephone message, or cable,

ii. falsifying wireless, cable, telegraph, or telephone message 3. Using such falsified message a. Accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the person specified in the first paragraph.263 b. Accused used such falsified dispatch. c. The use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with intent to cause such prejudice.

Falsification of medical certificates, a. Physician or surgeon who, in connection with certificates of merit or service and the practice of his profession, issued a false the like264 certificate265 b. Public officer who issued a false certificate of merit of service, good conduct or similar circumstances c. Private individual who falsified a certificate under (a) and (b)

263 264

supra Art. 174 265 Such certificate must refer to the illness or injury of a person

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Using false certificates266

a. A physician or surgeon has issued a false medical certificate, or a public officer has issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of said certificates. b. Offender knew that the certificate was false. c. He used the same.

Manufacturing and possession of a. Making or introducing into the Philippines any intruments or implements for stamps, dies or marks or other instruments or falsification267 implements for counterfeiting or falsification b. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person

Usurpation of authority or official functions268 1. By knowingly and falsely a. Offender knowingly and falsely represents representing oneself to be an himself;
266 267

Art. 175 Art. 176 The implement confiscated need not form a complete set Constructive possession is also punished 268 Art. 177 In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. Not necessary that he performs an act pertaining to a public officer. In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority A public officer may also be an offender The act performed without being lawfully entitled to do so must pertain: a. to the govt b. to any person in authority c. to any public office If the offender commits the acts of usurpation as contemplated herein, and he does it because he is a rebel and pursuant to the crime of rebellion or insurrection or sedition, he will not be liable under this article because what is attributed against him as a crime of usurpation is in fact one of the elements of committing rebellion. The elements of false pretense is necessary to commit the crime of usurpation of official function.

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officer, agent or representative of any department or agency of the b. As an officer, agent or representative of any Philippine govt or any foreign department or agency of the Philippine govt269. government or of any foreign government.

2. By performing an act pertaining to any person in authority or public officer of the Phil. govt or foreign govt under the pretense of such official position, and without being lawfully entitled to do so.

a. Offender performs any act; b. Pertaining to any person in authority or public officer of the Philippine government or any foreign government, or any agency thereof; c. Under pretense of official position; d. Without being lawfully entitled to do so.

Using fictitious name270

a. Offender uses a name other than his real name. b. He uses that fictitious name publicly.

and

c. Purpose of the offender is 1. to conceal a crime, 2. to evade the execution of a judgment, or 3. to cause damage to public interest.272

269

Foreign government refers to public officers duly authorized to perform governmental duties in the Philippines. The law cannot refer to other foreign governments as its application may bring us to legal problems which may infringe on constitutional boundaries. 270 The name of a person is what appears in his birth certificate. The name of a person refers to his first name, surname, and maternal name. Any other name which a person publicly applies to himself without authority of law is a fictitious name. 272 ex. Signing fictitious name for a passport

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concealing true name271 a. Offender conceals 1. his true name, and 2. all other personal circumstances. 3. that the purpose is only to conceal his identity.

Illegal use of uniform or insignia273

a. Offender makes use of insignia, uniform or dress. b. The insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member. c. Said insignia, uniform or dress is used publicly and improperly.

False testimony defendant274


271

against

a a. Under oath against the defendant therein.

Art. 178 What the offender does to violate or commit this act is for him to conceal his true name and other personal circumstances. His only motive in doing so is to conceal his identity. In concealment of true name, the deception is done momentarily, just enough to conceal the name of the offender. In the use of fictitious name, the offender presents himself before the public with another name. A person under investigation by the police who gives a false name and false personal circumstances, upon being interrogated, is guilty of this crime 273 Art. 179 The wearing of a uniform, or insignia of a non-existing office or establishment is not a crime. It is necessary that the uniform or insignia represents an office which carries authority, respect, dignity, or influence which the public looks up to. So also, an exact imitation of a uniform or dress is unnecessary ; a colorable resemblance calculated to deceive the common run of people is sufficient. The wearing of insignia, badge or emblem of rank of the members of the armed forced of the Philippines or constabulary (now PNP) is punished by Republic Act No. 493. When the uniform or insignia is used to emphasize the pageantry of a play or drama or in moving picture films, the crime is not committed. 274 Art. 180 Requires criminal intent, cant be committed through negligence. Need not impute guilt upon the accused The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted The witness who gave false testimony is liable even if the court did not consider his testimony False testimony - is the declaration under oath of a witness in a judicial proceeding which is contrary to what is true, or to deny the same, or to alter essentially the truth.

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b. Offender who gives false testimony knows that it is false. c. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. d. There be a criminal proceeding. e. Offender testifies falsely False testimony in favor defendant in a criminal case275 of a. A person gives false testimony; b. In favor of the defendant; c. In a criminal case.

False testimony in civil cases276

a. The testimony must be given in a civil case. b. The testimony must relate to the issues presented in said case. c. The testimony must be false. d. The false testimony must be given by the defendant knowing the same to be false.

Nature of the crime of false testimony. 1. It cannot be committed through reckless imprudence because false testimony requires criminal intent or intent to violate the law is an essential element of the crime. 2. If the false testimony is due to honest mistake or error or there was good faith in making the false testimony, no crime is committed.

275

Art. 181 False testimony by negative statement is in favor of the defendant False testimony need not in fact benefit the defendant A statement of a mere opinion is not punishable Conviction or acquittal is not necessary (final judgment is not necessary). The false testimony need not influence the acquittal A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. If he merely denies the commission of the offense, he is not liable. 276 Art. 182 Not applicable when testimony given in a special proceeding (in this case, the crime is perjury)

89

e. The testimony must be malicious and given with an intent to affect the issues presented in the said case

False testimony in other cases and An accused made a statement under oath or perjury in solemn affirmation277 made an affidavit upon a material matter. a. The statement or affidavit was made before a competent officer, authorized to receive and administer oath. b. In that statement or affidavit, the accused
277

Art. 183 2 ways of committing perjury: a. by falsely testifying under oath b. by making a false statement False testimony vs. Perjury: When one testifies falsely before the court, the crime committed is false testimony. If one testifies falsely in a non-judicial proceeding, the crime committed is perjury. In false testimony, it is not required that the offender asserts a falsehood on a material matter. It is enough that he testifies falsely with deliberate intent. In perjury, the witness must testify or assert a fact on a material matter with a full knowledge that the information given is essentially contrary to the truth. A competent person authorized to administer an oath means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction There is no perjury if the accused signed and swore the statement before a person not authorized to administer oath (People vs. Bella David). There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate Because of the nature of perjury, which is the willful and corrupt assertion of a falsehood, there is no perjury committed through reckless imprudence or simple negligence under Article 365. Since admittedly perjury can only be committed by means of dolo, then good faith or lack of malice is a good defense when one is indicted for the crime of perjury. Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient If there is no requirement of law to place the statement or testimony under oath, there is no Perjury considering the phrases oath in cases in which the law so requires in Article 183. The affidavit or sworn statement must be required by law like affidavit of advers e claim to protect ones interest on real property; or an affidavit of good moral character to take the bar examination . So if the affidavit was made but the same is not required by law, even if the allegations are false, the crime of perjury is not committed. (Diaz vs. People, 191 SCRA 86) Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. The false testimony is not in a judicial proceeding

90

made a willful and deliberate assertion of a falsehood, and c. The sworn statement or affidavit containing the falsity is required by law.

Offering false 278 evidence

testimony

in a. Offender offered in evidence a false witness or false testimony. b. He knew the witness or the testimony was false. c. The offer was made in a judicial or official proceeding.

Machinations in public auction279

a. There be a public auction. b. Accused solicited any gift or a promise from any of the bidders. c. Such gifts or promise was the consideration for his refraining from taking part in that public auction. d. Accused had the intent to cause the reduction of the price of the thing auctioned.

278

Art. 184 The false witness need not be convicted of false testimony. The mere offer is sufficient. The offender in this article knows that the witness to be presented is a false witness or that the witness will lie while testifying. The proceedings are either judicial or official. There is a formal offer of testimonial evidence in the proceedings. The witness is able to testify and the offender, knowing the testimony is given by the witness to be false, nevertheless offers the same in evidence. In this case, the person offering the false testimony must have nothing to do in the making of the false testimony. He knows that the witness is false and yet he asks him to testify and thereafter offers the testimony in evidence. So if the offeror, aside from being such, is also the person responsible in inducing or convincing the false witness to lie, Art. 184 will not apply. The applicable article will be Article 180, 181, 182, or 183 as the case may be. The offenders in this case will be charged with perjury; the inducer as principal by inducement and the induced party as the principal by direct participation. It is for this reason that subornation of perjury is no longer treated as a specific felony with a separate article of its own. Nevertheless, it is a crime defined and punished under the Revised Penal Code. The crime committed by one who induces another to testify falsely and the person who agrees and in conspiracy with the inducer, testifies falsely, is perjury. (People vs. Padol, 66 Phil. 365) 279 Art. 185

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Monopolies and combinations in restraint of trade280 1. Combination to prevent free a. Entering into any contract or agreement or competition in the market taking part in any conspiracy or combination in the form of a trust or otherwise; b. In restraint of trade or commerce or to prevent by artificial means free competition in the market. 2. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or prevent by artificial means free competition in the market.281 a. By monopolizing any merchandise or object of trade or commerce, or by combining with any other person or persons to monopolize said merchandise or object; b. In order to alter the prices thereof by spreading false rumors or making use of any other artifice; c. To restrain free competition in the market. 3. Monopoly to restrain free competition in the market 4. Manufacturer, producer or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise.282
280

a. Manufacturer, producer, processor or importer of any merchandise or object of commerce; b. Combines, conspires or agrees with any person;

Art. 186 The purpose is: a. to make transactions prejudicial to lawful commerce b. to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Phil Aggravated if items are: a. food substance b. motor fuel or lubricants c. goods of prime necessity 281 It is enough that initial steps are taken. It is not necessary that there be actual restraint of trade 282 Person/s liable: a. manufacturer

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c. Purpose is to make transactions prejudicial to lawful commerce or to increase the market price of any merchandise or object of commerce Importation and disposition of manufactured, produced, processed, assembled falsely marked articles or or imported into the Philippines merchandise made of gold, silver, or other precious metals or their a. Offender imports, sells or disposes of any of alloys283 those articles or merchandise. b. The stamps, brands, or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. c. Offender knows that the said stamp, brand, or mark fails to indicate the actual fineness or quality of the metals or alloys.

a) R.A. No. 9194 Anti-Money Laundering Act i) Punishable Acts (a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transacts said monetary instrument or property.

b. producer c. processor d. importer Crime is committed by: a. combining b. conspiring c. agreeing with another person Also liable as principals: a. corporation/association b. agent/representative c. director/manager who willingly permitted or failed to prevent commission of above offense 283 Art. 187 To be criminally liable, it is important to establish that the offender knows the fact that the imported merchandise fails to indicate the actual fineness or quality of the precious metal. If the importer has no expertise on the matter such that he has no way of knowing how the fraud was committed, the existence of such fact may be seriously considered as a defense. What the law punishes herein is the selling of misbranded goods made of gold, silver and other precious metals. Therefore, it must be shown that the seller knows that the merchandise is misbranded. Hence, dishonesty is an essential element of the crime.

93

(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he falicitates the offense of money laundering referred to in paragraph (a) above. (c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.284 ii) Covered Transactions "Covered transaction" is a single, series, or combination of transactions involving a total amount in excess of Four Million Philippine pesos (PhP4,000,000.00) or an equivalent amount in foreign currency based on the prevailing exchange rate within five (5) consecutive banking days except those between a covered institution and a person who, at the time of the transaction was a properly identified client and the amount is commensurate with the business or financial capacity of the client; or those with an underlying legal or trade obligation, purpose, origin or economic justification. It likewise refers to a single, series or combination or pattern of unusually large and complex transactions in excess of Four Million Philippine pesos (PhP4,000,000.00) especially cash deposits and investments having no credible purpose or origin, underlying trade obligation or contract.285 (iii) Suspicious Transactions Suspicious transaction are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist: a. there is no underlying legal or trade obligation, purpose or economic justification; b. the client is not properly identified; c. the amount involved is not commensurate with the business or financial capacity of the client; d. taking into account all known circumstances, it may be perceived that the client's transaction is structured in order to avoid being the subject of reporting requirements under the Act;

284 285

Sec. 4 Sec. 3 (b)

94

e. any circumstances relating to the transaction which is observed to deviate from the profile of the client and/or the client's past transactions with the covered institution; f. the transactions is in a way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or g. any transactions that is similar or analogous to any of the foregoing.286 5. Crimes Relative to Opium and other Prohibited Drugs a. The Comprehensive Dangerous Drugs Act of 2002287 i) Punishable acts 1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.288 2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.289 3. Maintenance of a Den, Dive or Resort.290 4. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.291 5. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals292 6. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.293 7. Possession of Dangerous Drugs294

286 287

Sec. 3 (b)(1) R.A. 9165 288 Sec. 4 289 Sec. 5 290 Sec. 6 291 Sec. 8 292 Sec. 9 293 Sec. 10 294 Sec. 11

95

8. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.295 9. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings296. 10. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings.297 11. Use of Dangerous Drugs.298 12. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.299 13. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.300 13. Unnecessary Prescription of Dangerous Drugs.301 14. Unlawful Prescription of Dangerous Drugs.302 ii) Who are liable With respect to No. 1. Any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes. Any person, who, unless authorized by law, shall import any controlled precursor and essential chemical. Any person, who, unless authorized under this Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means

295 296

Sec. 12 Sec. 13 297 Sec. 14 298 Sec. 15 299 Sec. 16 300 Sec. 17 301 Sec. 18 302 Sec. 19

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involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and canceled. Any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 2. Any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions. Any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions. Drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade. Any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section. Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 3. Any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form. Any person or group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential chemical is used or sold in any form. Any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section. Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 4. Any person, who, unless authorized by law, shall engage in the manufacture of any dangerous drug.

97

Any person, who, unless authorized by law, shall manufacture any controlled precursor and essential chemical. Any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section. Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 5. Any person, who, unless authorized by law, shall illegally divert any controlled precursor and essential chemical. 6. Any person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. Any person, who uses a minor or a mentally incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for dangerous drugs. 7. Any person, who, unless authorized by law, shall possess any dangerous drug in the quantities mentioned, regardless of the degree of purity thereof: 8. Any person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: 9. Any person found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons. 10. Any person, who shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons.

98

11. A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, subject to the provisions of Article VIII303 of this Act. 12. Any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived Any person, who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section. Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 13. Any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40304 of this Act. 14. Any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. iii) Attempt or conspiracy, effect on liability Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: (a) Importation of any dangerous drug and/or controlled precursor and essential chemical; (b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical; (c) Maintenance of a den, dive or resort where any dangerous drug is used in any form; (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
303 304

Program for Treatment and Rehabilitation of Drug Dependents Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals

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(e) Cultivation or culture of plants which are sources of dangerous drugs.305 (iv) Immunity from prosecution and punishment Any person who has violated Sections 7, 11, 12, 14, 15, and 19,306 Article II of this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16,307 Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution. Conditions: (1) The information and testimony are necessary for the conviction of the persons described above; (2) Such information and testimony are not yet in the possession of the State; (3) Such information and testimony can be corroborated on its material points; (4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and (5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness.308

305 306

Sec. 26. id. 307 id. 308 Sec. 33

100

(v) Custody and disposition of confiscated, seized and/or surrendered dangerous drugs309 The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner: (1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof; (2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination; (3) A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s: Provided, That when the volume of the dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued on the completed forensic laboratory examination on the same within the next twenty-four (24) hours; (4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the DOJ, civil society groups and any elected public official. The Board shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of lawful commerce, as determined by the Board,
309

Sec. 21, R.A. No. 9165

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shall be donated, used or recycled for legitimate purposes: Provided, further, That a representative sample, duly weighed and recorded is retained; (5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which, together with the representative sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the representative sample/s shall be kept to a minimum quantity as determined by the Board; (6) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the above proceedings and his/her presence shall not constitute an admission of guilt. In case the said offender or accused refuses or fails to appoint a representative after due notice in writing to the accused or his/her counsel within seventy-two (72) hours before the actual burning or destruction of the evidence in question, the Secretary of Justice shall appoint a member of the public attorney's office to represent the former; (7) After the promulgation and judgment in the criminal case wherein the representative sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of the final termination of the case and, in turn, shall request the court for leave to turn over the said representative sample/s to the PDEA for proper disposition and destruction within twenty-four (24) hours from receipt of the same; and (8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous drugs defined herein which are presently in possession of law enforcement agencies shall, with leave of court, be burned or destroyed, in the presence of representatives of the Court, DOJ, Department of Health (DOH) and the accused/and or his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition, and burning or destruction of seized/surrendered dangerous drugs provided under this Section shall be implemented by the DOH. b) Implementing Rules and Regulations (IRR) of R.A. No. 9165310

310

See Reference

102

6. Crimes Against Public Morals Crimes Grave scandal311 Elements/Persons liable Offender performs an act a. Highly scandalous as offending against decency or good customs b. Highly scandalous conduct does not expressly
311

Art. 200 Grave scandal: consists of acts which are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts Decency: means properly observing the requirements of modesty, good taste, etc Customs: refers to established usage, social conventions carried on by tradition and enforced by social disapproval in case of violation If the acts complained of are punishable under another provision of the RPC, Art 200 is not applicable The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it.

103

fall within any other article of the RPC c. Committed in a public place or within the public knowledge or view.312

Immoral doctrines, obscene a. Those who publicly expound or proclaim publications and exhibitions313 doctrines that are contrary to public morals b. Authors of obscene literature, published with their knowledge in any form c. Editors publishing such obscene literature d. Owners or operators of establishments selling obscene literature e. Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any other place f. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are offensive to morals

Vagrants

a. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling b. Persons found loitering around public and semipublic places without visible means of support

312

The public view is not required, it is sufficient if in public place. For public knowledge, it may occur even in a private place; the number of people who sees it is not material). 313 Art. 201 Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. Mere nudity in paintings and pictures is not obscene Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article Publicity is an essential element

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and c. Persons tramping or wandering around the country or the streets with no visible means of support d. Idle or dissolute persons lodging in houses of illfame e. Ruffians or pimps and those who habitually associate with prostitutes315 f. Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or justifiable reason provided the act does not fall within any other article of the RPC. Women who habitually indulge in sexual intercourse or lascivious conduct for money or profit316

Prostitutes314

a) P.D. 1602 Anti-Gambling Act as amended by R.A. 9287 Illegal Numbers Game which repealed Articles 195-199 of the RPC (i) Punishable Acts 1. Any person who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino and other games using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing, boat racing, car racing and other forms of races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; banking or percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made;

314 315

Art. 202 may include even the rich 316 if a man indulges in the same conduct: vagrancy

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2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him. 3. Any person who shall, knowingly and without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place. 4. Any barangay official who, with knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith. 5. Any security officer, security guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are being held. b) Anti-Trafficking in Persons Act of 2003 (R.A. No. 9208) (i) Punishable Acts Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
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(e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.317 Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons; (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent
317

Sec. 4

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them from leaving the country or seeking redress from the government or appropriate agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.318 7. Crimes Committed by Public Officers 319 Crimes Elements/Persons liable

Knowingly rendering an unjust a. Offender is a judge judgment320 b. Renders a judgment in the case submitted to him for judgment c. Judgment is unjust d. Knowledge that the decision is unjust

Judgment rendered 321 negligence


318 319

through a. Offender is a judge

Art. 203 Public officer a. Takes part in the performance of public functions in the Government, or b. Performs public duties as an employee, agent or subordinate official in the govt or any of its branches. Public officers: embraces every public servant from the lowest to the highest rank A government laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer Misfeasance: means improper performance of an act which might be properly be performed Malfeasance: means performance of an act which ought not to be done Nonfeasance: means omission of an act which ought to be done 320 Art. 204 Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding Unjust judgment: one which is contrary to law, or not supported by the evidence, or both An unjust judgment may result from: error (with bad faith) ill-will or revenge bribery There must be evidence that the decision rendered is unjust. It is not presumed Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper consideration). 321 Art. 205

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b. Renders a judgment in a case submitted to him for decision c. Judgment is manifestly unjust d. Due to inexcusable negligence or ignorance

a. Offender is a judge. Unjust interlocutory order322 b. He performs any of the following acts: 1. knowingly renders unjust interlocutory order or decree, or 2. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

Malicious delay in 323 administration or justice

the a. Offender is a judge. b. There is a proceeding in his court. c. He delays the administration of justice. d. The delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case.

Dereliction of duty in prosecution of offenses324

the a. Offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to

Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice 322 Art. 206 Interlocutory order: one issued by the court deciding a collateral or incidental matter. It is not a final determination of the issues of the action or proceeding 323 Art. 207 Mere delay without malice is not punishable 324 Art. 208 Prevaricacion: negligence and tolerance in the prosecution of an offense There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. Note however, that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that the evidence before him does not warrant filing an action in court

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prosecute offenses. b. There is dereliction of the duties of his office325 c. Offender acts with malice and deliberate intent to favor the violator of the law.

Betrayal of trust by an attorney or a. Causing damage to client327 either solicitor326 1. by any malicious breach of professional duty, or 2. by inexcusable negligence or ignorance. b. Revealing any of the secrets of his client learned by him in his professional capacity328 c. Undertaking the defense of the opposing party of the 1st client and/or having received confidential information from the latter and without the latters consent.329 Direct bribery330
The crime must be proved first before an officer can be convicted of dereliction of duty A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not an accessory Article not applicable to revenue officers 325 that is, knowing the commission of the crime, he does not cause (a) the prosecution of the criminal or (b) knowing that a crime is about to be committed, he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) 326 Art. 209. Not necessarily a public officer although all lawyers are officers of the court. 327 prejudice is essential 328 damage not necessary 329 id. 330 Art. 210 For purposes of this article, temporary performance of public functions is sufficient to constitute a person a public officer. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other person performing public duties Cannot be frustrated, only attempted or consummated. Bribery exists when the gift is: a. voluntarily offered by a private person b. solicited by the public officer and voluntarily delivered by the private person

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a. Offender be a public officer within the scope of Art 203.331 b. Offender accepts an offer or promise or receives a gift or present by himself or through another c. Such offer or promise be accepted or gift/present received by the public officer332 1. with a view to committing some crime333 or 2. in consideration of an execution if an act which does not constitute a crime, but the act must be unjust,334 or 3. to refrain from doing something which is his official duty to do. d. The act which the offender agrees to perform or which he executes be connected with the performance of his official duties

c. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness) Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is sufficient. However, if the offer is not accepted, only the person offering the gift is liable for attempted corruption of a public officer The gift must have a value or capable of pecuniary estimation. It could be in the form of money, property or services If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty corresponding to the crime The third type of bribery and prevaricacion are similar offenses, both consisting of omissions to do an act required to be performed. In direct bribery however, a gift or promise is given in consideration of the omission. This is not necessary in prevaricacion 331 supra 332 mere agreement consummates the crime 333 delivery of consideration is not necessary 334 delivery of consideration is necessary

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Indirect bribery335

a. Offender is a public officer. b. He accepts gifts. c. Said gifts are offered to him by reason of his office.

Qualified bribery336

a. Public officer entrusted with law enforcement

b. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death337 c. In consideration of any offer, promise or gift

Corruption of public officials338

a. Offender makes offers or promises or gives gifts or present to a public officer.

335

Art. 211 The gift is given in anticipation of future favor from the public officer There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer There is no attempted or frustrated indirect bribery The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason of his office Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable under P.D. 46. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service 336 Art. 211-A 337 if lower penalty than stated, the crime is direct bribery 338 Art. 212 The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished Under P.D. 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances: a. information refers to consummated violations b. necessity of the information or testimony c. the information and testimony are not yet in the possession of the State d. information and testimony can be corroborated on its material points e. informant has been previously convicted of a crime involving moral turpitude

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b. He offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery

Frauds against public treasury339

a. Offender is a public officer. b. He should have taken advantage of his office, that is, he intervened in the transaction in his official capacity. c. He entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts, or (c) the adjustment or settlement of account relating to a public property or funds. d. Accused had intent to defraud the government.

Illegal exactions340

a. Offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts. b. He is guilty of any of the following acts or omissions: 1. demanding, directly or indirectly the payment of sums different from or larger than

339

Art. 213, par. 1 Notes: a. The public officer must act in his official capacity b. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government 340 Mere demand of a larger or different amount is sufficient to consummate the crime. The essence is the improper collection (damage to govt is not required) If sums are received without demanding the same, a felony under this article is not committed. However, if the sum is given as a sort of gift or gratification, the crime is indirect bribery When there is deceit in demanding larger fees, the crime committed is estafa May be complexed with malversation Officers and employees of the BIR or Customs are not covered by the article The NIRC of Administrative Code is the applicable law

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those authorized by law, or 2. failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, or 3. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

Other frauds341

a. Offender is a public officer. b. He takes advantage of his official position. c. He commits any of the frauds or deceits enumerated in Arts. 315 and 316.342

Prohibited transactions343

a. Offender is an appointive public officer.

b. He becomes interested, directly or indirectly, in any transaction of exchange or speculation. c. The transaction takes place within the territory subject to his jurisdiction. He becomes interested in the transaction during his incumbency.

341

Art. 214 RTC has jurisdiction over the offense because the principal penalty is disqualification 342 estafa; swindling 343 Art. 215 Examples of transactions of exchange or speculation are: buying and selling stocks, commodities, land etc. wherein one hopes to take advantage of an expected rise or fall in price Purchasing of stocks or shares in a company is simple investment and not a violation of the article. However, regularly buying securities for resale is speculation

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Possession of prohibited interests a. Public officer in any contract or business in by a public officer344 which it is his official duty to intervene. b. Experts, arbitrators and private accountants in any contract or transaction connected with the estate or property in the approval, distribution or adjudication of which they had acted. c. Guardians and executors with respect to property belonging to their wards or the estate.

Malversation of public funds or a. Offender be a public officer346 property345

344

Art. 216 Actual fraud is not necessary. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents 345 Art. 217 Malversation is otherwise called embezzlement It can be committed either with malice or through negligence or imprudence In determining whether the offender is a public officer, what is controlling is the nature of his office and not the designation The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa When a public officer has official custody or the duty to collect or receive funds due the government, or the obligation to account for them, his misappropriation of the same constitutes malversation A public officer who has qualified charge of govt property without authority to par t with its physical possession upon order of an immediate superior, he cannot be held liable under this article Private individuals can also be held liable for malversation under 2 circumstances: a. when they are in conspiracy with public officers; and b. when they have charge of national, provincial or municipal funds, revenues or property in any capacity In malversation through negligence, the negligence of the accountable public officer must be positively and clearly shown to be inexcusable, approximating fraud or malice The measure of negligence to be observed is the standard of care commensurate with the occasion When malversation is not committed through negligence, lack of criminal intent or good faith is a defense The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. However, if at the very moment when the shortage is discovered, the accountable officer is notified, and he immediately pays the amount from his pocket, the presumption does not arise Returning the embezzled funds is not exempting, it is only mitigating There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later, the missing amount is found in an unaccustomed place

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b. He had the custody or control of funds or property347 c. Those funds or property were public funds or property348 d. He: 1. Appropriated the funds or property 2. Took or misappropriated them 3. Consented or, through abandonment or negligence, permitted any other person to take such public funds or property.349

Failure of accountable officer to a. Offender is a public officer, whether in the render accounts350 service or separated therefrom. b. He must be an accountable officer for public funds property. c. He is required by law or regulation to render accounts to the commission on audit, or to a provincial auditor. c. He fails to do so for a period of two months after such accounts should be rendered.

A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation Demand as well as damage to the government are not necessary elements 346 or private person if entrusted with public funds or connived with public officers 347 If not accountable for the funds, theft or qualified theft 348 Even if private funds if attached, seized, deposited or commingled with public funds 349 It is not necessary that the offender profited thereby. His being remiss in the duty of safekeeping public funds violates the trust reposed 350 Art. 218 Demand and misappropriation are not necessary

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Failure of a responsible public a. Offender is a public officer. officer to render accounts before leaving the country351 b. He must be an accountable officer for public funds or property. c. He must have unlawfully left353 the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. Illegal use of public funds or a. Offender is a public officer. property352 b. There is public fund or property under his administration. c. Such public fund or property has been appropriated by law or ordinance354 d. He applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance

Failure to make delivery of public a. Offender has govt funds or property in his funds or property355 possession b. He is under obligation to either:
351

Art. 219 The act of leaving the Philippines must be unauthorized or not permitted by law 352 Art. 220. Technical malversation. To distinguish this article with Art. 217, just remember that in illegal use of public funds or property, the offender does not derive any personal gain, the funds are merely devoted to some other public use Absence of damage is only a mitigating circumstance 353 or be on the point of leaving 354 without this, it is simple malversation even if applied to other public purpose. 355 Art. 221 Penalty is based on value of funds/property to be delivered Persons who may be held liable under Arts. 217 to 221: 1. Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property 2. Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual

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1. make payment from such funds 2. to deliver property in his custody or administration when ordered by competent authority c. He maliciously fails or refuses to do so

Conniving with or consenting to a. Offender is a public officer (on duty). evasion356 b. He is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment. c. Such prisoner escaped from his custody d. He was in connivance with the prisoner in the latters escape

Evasion through negligence357

a. Offender is a public officer. b. He is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment. c. Such prisoner escapes through his

356

Art. 223 Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or public offense The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty constitutive of infidelity There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment 357 Art. 224 The article punishes a definite laxity which amounts to deliberate non-performance of a duty The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation The liability of an escaping prisoner: a. if he is a prisoner by final judgment, he is liable for evasion of service (Art. 157) b. if he is a detention prisoner, he does not incur criminal liability (unless cooperating with the offender)

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negligence.358

Escape of prisoners under the a. Offender is a private person360 custody of a person not a public officer359 b. The conveyance or custody of a prisoner or person under arrest is confined to him. c. The prisoner or person under arrest escapes. d. Offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence

Removal, concealment, destruction of documents361

or a. Offender be a public officer. b. He abstracts, destroys or conceals a document or paper. c. Said document or paper should have been entrusted to such public officer by reason of his office.

358 359

Penalty based on nature of imprisonment Art. 225 This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested 360 must be on duty 361 Art. 226 The document must be complete and one by which a right could be established or an obligation could be extinguished Books, periodicals, pamphlets etc. are not documents Papers would include checks, promissory notes and paper money A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers Removal of a document or paper must be for an illicit purpose. There is illicit purpose when the intention of the offender is to: a. tamper with it b. to profit by it c. to commit any act constituting a breach of trust in the official thereof Removal is consummated upon removal or secreting away of the document from its usual place. It is immaterial whether or not the illicit purpose of the offender has been accomplished Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose Delivering the document to the wrong party is infidelity in the custody thereof The damage may either be great or small The offender must be in custody of such documents

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d. Damage, whether serious or not, to a third party or to the public interest should have been caused. Officer breaking seal362 a. Offender is a public officer. b. He is charged with the custody of papers or property. c. These papers or property are sealed by proper authority. He breaks the seals or permits them to be broken.

Opening of closed documents363

a. Offender is a public officer. b. Any closed papers, documents, or objects are entrusted to his custody. c. He opens or permits to be opened said closed papers, documents or objects. d. He does not have proper authority.

362

Art. 227 It is the breaking of the seals and not the opening of a closed envelope which is punished Damage or intent to cause damage is not necessary; damage is presumed 363 Art. 228 Damage also not necessary

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Revelation officer364

of

secret

by

an a. Offender is a public officer.

1. By reason of his official capacity b. He knows of a secret by reason of his official capacity. c. He reveals such secret without authority or justifiable reasons. d. Damage, great or small, be caused to the public interest.

a. Offender is a public officer. 2. Delivering wrongfully papers or copies of papers of which he may b. He has charge of papers. have charge365 and which should not be published: c. Those papers should not be published. d. He delivers those papers or copies thereof to a third person. e. The delivery is wrongful. f. Damage be caused to public interest.

Public officer revealing secrets of a. Offender is a public officer private individual366


364

Art. 229 Secret must affect public interest Secrets of a private individual is not included Espionage for the benefit of another State is not contemplated by the article. If regarding military secrets or secrets affecting state security, the crime may be espionage 365 Charge: means custody or control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable under this article If the papers contain secrets which should not be published, and the public officer having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the other hand, if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents Damage is essential to the act committed 366 Art. 230 Revelation to one person is sufficient

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b. He knows of the secret of a private individual by reason of his office. c. He reveals such secrets without authority or justification reason.

Open disobedience367

a. Offender is a judicial or executive officer. b. There is a judgment, decision or order of superior authority. c. Such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. d. Offender without any legal justification openly refuses to execute the said judgment, decision or under which he is duty bound to obey.

Disobedience to order of superior a. Offender is a public officer. officer when said order was suspended by inferior officer368 b. An order is issued by his superior for execution. c. He has for any reason suspended the execution of such order. d. His superior disapproves the suspension of the execution of the order. e. Offender disobeys his superior despite the disapproval of the suspension

If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by an attorney) Damage to private individual is not necessary 367 Art. 231 Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required 368 Art. 232 A public officer is not liable if the order of the superior is illegal

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Refusal of assistance369

a. Offender is a public officer. b. A competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. c. Offender fails to do so maliciously.

Refusal to office370

discharge

elective a. Offender is elected by popular election to a public office. b. He refuses to be sworn in or discharge the duties of said office. c. There is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

Maltreatment of prisoners371

a. Offender is a public officer or employee. b. He has under charge a prisoner or detention prisoner372 c. He maltreats such prisoner in either of the following manners: 1. by overdoing himself in the correction or handling of a prisoner or detention prisoner

369

Art. 233 Involves a request from one public officer to another Damage to the public interest or third party is essential Demand is necessary 370 Art. 234 Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render service 371 Art. 235 The public officer must have actual charge of the prisoner in order to be held liable To be considered a detention prisoner, the person arrested must be placed in jail even for just a short while Offender may also be held liable for physical injuries or damage caused 372 otherwise the crime is physical injuries

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under his charge either i. by the imposition of punishments not authorized by the regulations, or ii. by inflicting such punishments373 in a cruel and humiliating manner, or 2. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner.

Anticipation of duties of a public a. Offender is entitled to hold a public office or office374 employment, either by election or appointment. b. The law requires that he should first be sworn in and/or should first give a bond. c. He assumes the performance of the duties and powers of such office. d. He has not taken his oath of office and./or given the bond required by law.

Prolonging performance of duties a. Offender is holding a public office. and powers375 b. The period provided by law, regulations or special provisions for holding such office has already expired. c. He continues to exercise the duties and powers of such office.

Abandonment
373 374

of

office

or a. Offender is a public officer.

those authorized Art. 236 375 Art. 237 The article contemplates officers who have been suspended, separated or declared over-aged or dismissed

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position376 b. He formally resigns from his position. c. His resignation has not yet been accepted. d. He abandons his office to the detriment of the public service.

Usurpation of legislative powers377

a. Offender is an executive or judicial officer. b. He 1. makes general rules or regulations beyond the scope of his authority or 2. attempts to repeal a law or 3. suspends the execution thereof.

Usurpation functions378

of

executive a. Offender is a judge.

b. He 1. assumes a power pertaining to the executive authorities, or 2. obstructs executive authorities in the lawful exercise of their powers.

376

Art. 238 There is actual abandonment through resignation to evade the discharge of duties There must be formal or written resignation The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security. The penalty is higher. Dereliction of Duty - public officer does not abandon his office but merely fails to prosecute a violation of the law. 377 Art. 239 378 Art. 240 Legislative officers are not liable for usurpation of executive functions

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Usurpation of judicial functions379

a. Offender is an officer of the executive branch of the government. b. He 1. assumes judicial powers, or 2. obstruct the execution of any order decision rendered by any judge within his jurisdiction.

Disobeying request 380 disqualification

for a. Offender is a public officer. b. A proceeding is pending before such public officer. c. There is a question brought before the proper authority regarding his jurisdiction, which is not yet decided. d. He has been lawfully required to refrain from continuing the proceeding. e. He continues the proceeding.

Addressing orders or requests by a. Offender is an executive officer. executive officer to any judicial authority381 b. He addresses any order or suggestion to any judicial authority.

c. The order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.

379

Art. 241 A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality 380 Art. 242 381 Art. 243 Legislative or judicial officers are not liable under this article

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Unlawful appointments382

a. Offender is a public officer. b. He nominates or appoints a person to a public office. c. Such person lacks the legal qualification therefor. d. Offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment.

Abuses against chastity383

a. Offender is a public officer. b. He solicits or makes immoral or indecent advances to a woman. c. Such woman must be 1. interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer, or 2. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest, or 3. the wife, daughter, sister or relative within

382

Art. 244 Recommending, knowing that the person recommended is not qualified is not a crime There must be a law providing for the qualifications of a person to be nominated or appointed to a public office 383 Art. 245 The mother of the person in the custody of the public officer is not included Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman The advances must be immoral or indecent The crime is consummated by mere proposal Proof of solicitation is not necessary when there is sexual intercourse

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the same degree by affinity of the person in the custody of the offender. a. Anti-Graft and Corrupt Practices Act 384 i) Coverage Certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto. ii) Punishable acts a. Any public officer who shall perform any of the following acts: 1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. 2. 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 any other party wherein the public officer in his official capacity has to intervene under the law. 3. 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 of capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the held given or to be given. 4. 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. 5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial function through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
384

R.A. 3019, as amended

128

6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. 8. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. 9. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest. 10. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel, or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. 11. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. 12. 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. b. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business, transaction, application, request, or contact with the government in which such public official has to intervene.385 c. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A).386

385 386

Sec. 4 ibid.

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d. Spouse or any relative, by consanguinity or affinity, within the 3 rd civil degree, of the president of the Philippines, the vice-president, the president of the Senate, or speaker of the house of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the govt.387

iii) Exceptions 1. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the govt along the same line of business; 2. Any transaction, contract or application already existing or pending at the time of such assumption of public office; 3. Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law; 4. Any act lawfully performed an official capacity or in the exercise of a profession. 5. Any member of congress, during the term for which he has been elected, who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. 6. Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15th day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office.388 7. Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage.389

387 388

Sec. 5 Sec. 7 389 Sec. 14

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b. Anti-Plunder Act390 i) Definition of terms

Public Officer

Any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract.

Government

Includes the National Government, and any of its subdivisions, agencies or instrumentalities, including governmentowned or -controlled corporations and their subsidiaries. Includes any natural or juridical person, unless the context indicates otherwise.391

Person

ii) Ill-gotten wealth

390 391

R.A. 7080, as amended Sec. 1 (a-c)

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Any asset, property, business enterprise or material possession of any person within the purview of Section Two (2)392 hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: 1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; 2) By 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; 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries; 4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking; 5) By 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 6) 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 Republic of the Philippines.393 iii) 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 ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d)394 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
392 393

infra Sec. 1 (d) 394 supra

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mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State.395 iv) Series / Combination396 v) Pattern 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.397

c. Human Security Act of 2007398 i) Failure to deliver suspect to proper judicial authority399 The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel who has apprehended or arrested, detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper judicial authority within the period of three days. ii) Infidelity in the custody of detained persons Any public officer who has direct custody of a detained person or under the provisions of this Act and who by his deliberate act, misconduct, or inexcusable negligence causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of:

395 396

Sec. 2, as amended by R.A. 7659. see Plunder, supra 397 Sec. 4. 398 R.A. 9372 399 Sec. 20.

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(a) twelve (12) years and one day to twenty (20) years of imprisonment, if the detained person has already been convicted and sentenced in a final judgment of a competent court; and (b) six years and one day to twelve (12) years of imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a competent court.400 iii) False prosecution Upon acquittal, any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500,000.00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. It shall also be released within fifteen (15) days from the date of the acquittal of the accused. The award of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism. Any officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism shall suffer the penalty of six (6) months of imprisonment. If the deductions are less than the amounts due to the detained persons, the amount needed to complete the compensation shall be taken from the current appropriations for intelligence, emergency, social or other funds of the Office of the President. In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned, the amount shall be automatically included in the appropriations of the said agency for the coming year.401

400 401

Sec. 44. Sec. 50

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8. Crimes Against Persons Crimes Parricide402


402

Elements/Requisites a. A person is killed.

Art. 246 The relationship of the offender with the victim is the essential element of the felony Parents and children are not included in the term ascendants or descendants The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate The child should not be less than 3 days old. Otherwise, the offense is infanticide

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b. The deceased is killed by the accused. c. The deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused.

Death or physical injuries under a. A legally married person or parent surprises his exceptional circumstances403 spouse or daughter404 in the act of committing sexual intercourse with another person b. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter

c. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse.

Murder405

a. A person was killed.

Relationship must be alleged A stranger who cooperates in committing parricide is liable for murder or homicide Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship 403 Art. 247 Article does not define or penalize a felony Not necessary that the parent be legitimate Article applies only when the daughter is single Surprise: means to come upon suddenly or unexpectedly Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. However, it is enough that circumstances reasonably show that the carnal act is being committed or has been committed Sexual intercourse does not include preparatory acts Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form parts of one continuous act The killing must be the direct by-product of the rage of the accused No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not liable. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony 404 the latter must be under 18 and living with them

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b. The accused killed him. c. The killing was attended by any of the following qualifying circumstances: 1. with treachery, taking advantage of superior strength, with the aid or armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity 2. in consideration of price, reward or promise 3. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or ruin 4. on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity 5. with evident premeditation 6. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse, 7. The killing is not parricide or infanticide.

Homicide406
405

a. A person was killed.

Art. 248 The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated murder Murder will exist with only one of the circumstances. The other circumstances are absorbed or included in one qualifying circumstance. They cannot be considered as generic aggravating circumstances Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as generic aggravating circumstances Treachery and premeditation are inherent in murder with the use of poison 406 Art. 249

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b. The accused killed him without any justifying circumstances. c. The accused had the intention to kill, which is presumed. d. The killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.

Death in a tumultous affray407

a. There be several persons. b. They did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. c. These several persons quarreled and assaulted one another in a confused and tumultuous manner. d. Someone was killed in the course of the affray. e. It cannot be ascertained who actually killed the deceased. f. The person or persons who inflicted serious physical injuries or who used violence can be identified.

Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in attempted or frustrated homicide There is no crime of frustrated homicide through negligence When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is guilty of homicide In all crimes against persons in which the death of the victim is an element, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim 407 Art. 251 Tumultuous affray exists hen at least 4 persons take part in it When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray Persons liable are: a. person/s who inflicted serious physical injuries b. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim

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Physical injuries inflicted in a a. There is a tumultuous affray as referred to in tumultous affray408 the preceding article. b. A participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. c. The person responsible therefor cannot be identified. d. All those who appear to have used violence upon the person of the offended party are known.

Giving assistance to suicide409

a. Assisting another to commit suicide, whether the suicide is consummated or not b. Lending his assistance to another to commit suicide to the extent of doing the killing himself.

Discharge of firearms410

a. Offender discharges a firearm against or at another person. b. Offender has no intention to kill that person.

408 409

Art. 252 Art. 253 A person who attempts to commit suicide is not criminally liable A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was expelled, is not liable for abortion Assistance to suicide is different from mercy-killing. Euthanasia is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for murder Penalty is mitigated if suicide is not successful 410 Art. 254 The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article A discharge towards the house of the victim is not discharge of firearm. On the other hand, firing a gun against the house of the offended party at random, not knowing in what part of the house the people were, it is only alarm under Art. 155. Usually, the purpose of the offender is only to intimidate or frighten the offended party Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as it was initially aimed at or against the offended party

139

Infanticide411

a. A child was killed. b. The deceased child was less than three (3) days (72 hours) of age. c. The accused killed the said child.

Intentional abortion412

a. There is a pregnant woman. b. Violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman. c. As a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom. d. The abortion is intended.

Unintentional abortion413

a. There is a pregnant woman.

411

Art. 255 When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed for parricide. If the offender is any other person, the penalty is that for murder. In either case, the proper qualification for the offense is infanticide When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor, such fact is only mitigating The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when it was killed 412 Art. 256 413 Art. 257 Unintentional abortion can also be committed through negligence The accused can only be held liable if he knew that the woman was pregnant If there is no intention to cause abortion and neither was violence exerted, arts 256 and 257 does not apply

140

b. Violence is used upon such pregnant woman without intending an abortion. c. The violence is intentionally exerted. d. As a result of the violence that fetus dies, either in the womb or after having been expelled therefrom.

Abortion practiced by the woman a. There is a pregnant woman who has suffered an herself or by her parents414 abortion. b. The abortion is intended. c. The abortion is caused by 1. the pregnant woman herself 2. any other person, with her consent, or 3. any of her parents, with her consent for the purpose of concealing her dishonor.

Abortion practiced by a physician a. There is a pregnant woman who has suffered an or midwife and dispensing of abortion. abortives415 b. The abortion is intended. c. Offender, who must be a physician or midwife, causes or assists in causing the abortion.
414

Art. 258 Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughters dishonor In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. This is not so for Art. 258. 415 Art. 259 It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice

141

d. Said physician or midwife takes advantage of his or her scientific knowledge or skill.

Responsibility of participants in a a. Killing ones adversary in a duel duel416 b. Inflicting upon the adversary serious physical injuries c. Making a combat although no physical injuries have been inflicted

Challenging to a duel417

a. Challenging another to a duel b. Inciting another to give or accept a challenge to a duel c. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel

Mutilation418
416

a. There be a castration i.e. mutilation of organs

Art. 260 Persons liable: 1. Principals person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases 2. Accomplices as seconds Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight If death results, the penalty is the same as that for homicide 417 Art. 261 Persons liable: 1. Challenger 2. Instigators 418 Art. 262 Kinds of Mutilation Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body

142

necessary for generation b. Mutilation is caused purposely and deliberately

Serious physical injuries419

a. Injured person becomes insane, imbecile,

In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind Mayhem: refers to any other intentional mutilation 419 Art. 263 How Committed 1. Wounding 2. Beating 3. Assaulting 4. Administering injurious substances Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries Serious physical injuries may be committed through reckless imprudence or simple imprudence There must be no intent to kill Impotent should include inability to copulate and sterility Blindness requires loss of vision in both eyes. Mere weakness in vision is not contemplated Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical injuries under par 3 Loss of use of hand or incapacity of usual work in par 2 must be permanent Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member which is not a principal part of the body. In this respect, a front tooth is considered as a member of the body, other than a principal member Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the lobule of the ear is only a deformity Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of his body or use of the same Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time Under par 4, all that is required is illness or incapacity, not medical attendance In determining incapacity, the injured party must have an avocation at the time of the injury. Work: includes studies or preparation for a profession When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only be considered as slight physical injuries

143

impotent or blind b. Injured person 1. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or leg 2. loses the use of any such member 3. becomes incapacitated for the work in which he had been habitually engaged c. Injured person 1. becomes deformed 2. loses any other member of his body 3. loses the use thereof 4. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days c. Injured person becomes ill or incapacitated for labor for more than 30 days.420

Administering injurious a. Offender inflicted upon another person any 421 substances or beverages serious physical injury b. It was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity c. He had no intent to kill.

There is no incapacity if the injured party could still engage in his work although less effectively than before 420 but not more than 90 days 421 Art. 264 It is frustrated murder when there is intent to kill Administering means introducing into the body the substance, thus throwing of the acid in the face is not contemplated

144

Less serious physical injuries422

a. Offended party is incapacitated for labor for 10 days or more,423 or needs medical attendance for the same period of time b. The physical injuries must not be those described in the preceding articles.

Slight physical injuries424

a. Incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period b. Which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance425 c. Ill-treatment of another by deed without causing any injury426

a. Anti-Violence against Women and their Children Act of 2004427 i) Punishable acts The crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her child;

422

Art. 265. Circumstances qualifying the offense: a. when there is manifest intent to insult or offend the injured person b. when there are circumstances adding ignominy to the offense c. when the victim is either the offenders parents, ascendants, guardia ns, curators or teachers d. when the victim is a person of rank or person in authority, provided the crime is not direct assault It falls under this article even if there was no incapacity but the medical treatment was for 13 days 423 but not more than 30 days 424 Art. 266 425 ex. Black-eye 426 ex. slapping but without causing dishonor 427 R.A. 9262

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(b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; (3) Depriving or threatening to deprive the woman or her child of a legal right; (4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties; (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:

146

(1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child; (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.428

b. Anti-Child Pornography Law429 i) Definition of terms

Child

A person below eighteen (18) years of age or over, but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. Also refers to: (1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and (2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who

428 429

Sec. 5. R.A. 9775

147

is made to appear to be a child as defined herein 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.

Child pornography

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

Internet address

A website, bulletin board service, internet chat room or news group, or any other internet or shared network protocol address.

Internet cafe or kiosk

An establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purpose of accessing the internet, computer games or related services.

Internet content host

A person who hosts or who proposes to host internet content in the Philippines.

148

Internet service provider A person or entity that supplies or proposes to supply, an (ISP) internet carriage service to the public.

Grooming

The 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

(1) The act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography. (2) Bestiality

Pandering

The act of offering, advertising, promoting, representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of the actual content of the material or purported material.

Person

Any natural or juridical entity.430 ii) Unlawful or punishable 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;

430

Sec. 3.

149

(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.431

c. Anti-Hazing Law432 i) Hazing

431 432

Sec. 4. R.A. 8049

150

a) Definition 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 other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.433 (b) Allowed initiation rites No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.434 ii) Who are liable The officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals.435 The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal.

433 434

Sec. 1. Sec. 2 435 Sec. 4.

151

The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. This section shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein.436 iii) Punishable acts 1. If death, rape, sodomy or mutilation results there from. 2. If in consequence of the hazing the victim shall become insane, imbecile, impotent or blind. 3. If in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged. 4. If in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days. 5. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days. 6. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall require medical assistance for the same period. 7. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical assistance for the same period.

436

Ibid.

152

8. If in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance. The responsible officials of the school or of the police, military or citizen's army training organization, may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. The maximum penalty herein provided shall be imposed in any of the following instances: (a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join; (b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting; (c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation; (d) when the hazing is committed outside of the school or institution; or (e) when the victim is below twelve (12) years of age at the time of the hazing.437 d. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act438 i) Coverage Special protection to children439 from all forms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse440, exploitation and discrimination.441

437 438

Ibid. R.A. 7610, as amended. 439 refers to person below eighteen (18) years of age or those over 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; 440 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;

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ii) Child prostitution, punishable acts 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. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;442 and (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.443

(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. 441 Sec. 2. 442 When the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be. The penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. 443 Sec. 5

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iii) Child trafficking, punishable acts Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age.444 e. Juvenile Justice and Welfare Act of 2006;445 also refer to Child and Youth Welfare Code446 i) Punishable acts In the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin.447 The following and any other similar acts shall be considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child in conflict with the law and therefore, prohibited: 1. Employment of threats of whatever kind and nature; 2. Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary confinement; 3. Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing him/her to walk around the community wearing signs which embarrass, humiliate, and degrade his/her personality and dignity; and 4. Compelling the child to perform involuntary servitude in any and all forms under any and all instances.448 Criminal liability shall attach to any parent who:

444 445

Sec. 7. R.A. 9344. 446 P.D. 603, as amended 447 Sec. 60., R.A. 9344 448 Sec. 61, id.

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1. Conceals or abandons the child with intent to make such child lose his civil status. 2. Abandons the child under such circumstances as to deprive him of the love, care and protection he needs. 3. Sells or abandons the child to another person for valuable consideration. 4. Neglects the child by not giving him the education which the family's station in life and financial conditions permit. 5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72. 6. Causes, abates, or permits the truancy449 of the child from the school where he is enrolled. 7. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five (5) schooldays. 8. Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts which are inimical to his interest and welfare. 9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrasses or humiliates him. 10. Causes or encourages the child to lead an immoral or dissolute life. 11. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership. 12. Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally procured. If the motor vehicle driven by the child belongs to the parent,450 it shall be presumed that he permitted or ordered the child to drive.451 A person whether the parent or guardian of the child or not, who knowingly or wilfully,

449 450

Absence without cause for more than twenty (20) schooldays, not necessarily consecutive. Include the guardian and the head of the institution or foster home which has custody of the child. 451 Art. 59, P.D. 603

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1. Aids, causes, abets or connives with the commission by a child of a delinquency, or 2. Does any act producing, promoting, or contributing to a child's being or becoming a juvenile delinquent.452 f. Human Security Act of 2007453 i) Punishable acts of terrorism454 ii) Who are liable455 9. Crimes Against Personal Liberty and Security Crimes Elements

Kidnapping and serious illegal a. Offender is a private individual detention456 b. He kidnaps or detains another, or in any other manner deprives the latter of his liberty c. The act of detention or kidnapping must be illegal d. In the commission of the offense, any of the following circumstances are present:457 1. Kidnapping/detention lasts for more than 3 days 2. It is committed simulating public authority 3. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or 4. that the person kidnapped or detained is a minor,458 female or a public officer.

452 453

Art. 204, id. R.A. 9372 454 supra 455 Ibid. 456 Art. 267 457 becomes serious 458 except if parent is the offender

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Slight illegal detention459

a. Offender is a private person b. He kidnaps or detains another or in any other manner deprives him of his liberty / furnished place for the perpetuation of the crime c. The act of detention or kidnapping must be illegal

d. The crime is committed without the attendant of any of the circumstances enumerated in Art 267.460

Unlawful arrest461

a. Offender arrests or detains another person b. The purpose of the offender is to deliver him to the proper authorities c. The arrest or detention is not authorized by law or there is no reasonable ground therefor.

Kidnapping and failure to return a a. Offender is entrusted with the custody of a minor462 minor person463 b. He deliberately fails to restore the said minor
459

Art. 268 Privileged mitigating circumstances: If the offender: a. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention b. without having attained the purpose intended and c. before the institution of criminal proceedings against him 460 supra 461 Art. 269 Offender is any person, so either a public officer or private individual Refers to warrantless arrests In Art 125, the detention is for some legal ground while here, the detention is not authorized by law In Art 125, the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here, the arrest is not authorized by law 462 Art. 270 463 whether over or under 7 but less than 18 yrs old

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to his parents.

Inducing a minor to abandon his a. The minor465 is living in the home of his home464 parents or guardians or the person entrusted with his custody; b. Offender induces a minor to abandon such home.

Slavery466

a. Offender purchases, sells, kidnaps or detains a human being. b. The purpose of the offender is to enslave such human being.

Exploition of child labor467

a. Offender retains a minor in his service. b. It is against the will of the minor. c. It is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor.

Services rendered under a. Offender compels a debtor to work for him, compulsion in payment of debt468 either as household servant or farm laborer. b. It is against the debtors will. c. The purpose is to require or enforce the
464

Art. 271 Inducement must be actual, committed with criminal intent and determined by a will to cause damage Minor should not leave his home of his own free will Mitigating if by father or mother 465 whether over or under 7 466 Art. 272 Qualifying circumstance if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher 467 Art. 273 468 Art. 274

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payment of a debt.

Abandonment of person in danger and abandonment of ones own victim469 1. Failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense a. Place is not inhabited. b. The accused found there a person wounded or in danger of dying. c. The accused can render assistance without detriment to himself. d. The accused fails to render assistance.

2. Failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. Failing to deliver a child, under 7 whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place

Abandoning a minor470

a. Offender has the custody of a child. b. The child is under seven (7) years of age. c. He abandons such child. d. He has no intent to kill the child when the latter is abandoned.

469 470

Art. 275 Art. 276 Conscious, deliberate, permanent, unless punishable by a more serious offense Qualifying circumstances: a. when the death of the minor resulted from such abandonment b. if the life of the minor was in danger because of the abandonment

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Abandonment of minor by person entrusted with his custody; indifference of parents471 1. Delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities a. Offender has charged of the rearing or education of a minor. b. He delivers said minor to a public institution or other persons. c. The one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent; the proper authorities have not consented to it.

2. Neglecting his472 children by not a. Offender is a parent. giving them education which their station in life requires and financial b. He neglects his children by not giving them condition permits education. c. His station in life requires such education and his financial condition permits it. Exploitation of minors473 1. Causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person. 2. Employing children under 16
471 472

Art. 277 offender 473 Art. 278 Qualifying Circumstance if the delivery of the child to any person following any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price, compensation or promise, the penalty is higher.

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who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or engaged in a similar calling. 3. Employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings. 4. Delivering a child under 16 gratuitously to any person following any of the callings enumerated in par 2 or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child. 5. Inducing any child under 16 to abandon the home of its ascendants; guardians, curators or teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggar, the offender being any person.

Trespass to dwelling474
474

a. Offender is a private person.

Art. 280 Qualifying circumstance: if the offense is committed by means of violence or intimidation, the penalty is higher There must be an opposition to the entry of the accused Implied prohibition is present considering the situation late at night and everyones asleep or entrance was made through the window Prohibition is not necessary when violence or intimidation is employed by the offender When there is no overt act of the crime intended to be committed, this is the crime

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b. He enters the dwelling of another. c. Such entrance is against the latters will.

Other forms of trespass475

a. Offender enters the closed premises or the fenced estate of another. b. The entrance is made while either of them is uninhabited. c. The prohibition to enter be manifest. d. The trespasser has not secured the permission of the owner or the caretaker thereof.

Grave threats where offender attained his purpose476 1. Threatening another with the infliction upon his person, honor or property that of his family of any wrong amounting to a crime and a. Offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong.

b. Such wrong amounts to a crime. demanding money or imposing any other condition, even though not c. There is a demand for money or that any unlawful and the offender477 other condition is imposed, even though not
May be committed even by the owner (as against the actual occupant) Not applicable to: a. entrance is for the purpose of preventing harm to himself, the occupants or a third person b. purpose is to render some service to humanity or justice c. place is a caf, tavern etc. while open Medina case: when the accused entered the dwelling through the window, he had no intent to kill any person inside, but the intention to kill came to his mind when he was being arrested by the occupants thereof, the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide 475 Art. 281 476 Art. 282 Aggravating circumstances: if made in writing or thru a middleman Frustrated if not received by the person being threatened Art 284 bond from good behavior may be imposed (only in these offenses) 477 Threat is with condition

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unlawful. d. Offender attains his purpose. 2. Making such threat without the offender attaining his purpose 3. Threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition478 a. Offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong. b. Such wrong amounts to a crime. c. The threat is not subject to a condition

Light threats479

a. Offender makes a threat to commit a wrong. b. The wrong does not constitute a crime. c. There is a demand for money or that other condition is imposed, even though not unlawful d. Offender has attained his purpose or, that he has not attained his purpose.

Bond for good behavior480 Other light threats481 a. Person shall threaten another with a weapon, or draw weapon in a quarrel unless in selfdefense. b. In the heat of anger, person orally threatens another with some harm constituting a crime, without persisting in the idea involved in the threat. Subsequent acts did not persist.
478 479

threat is without condition Art. 283 Only in these offenses The wrong does not amount to a crime 480 Art. 284 481 Art. 285

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c. Person orally threatens another with harm not constituting a felony.

Grave coercions482

a. A person prevented another from doing something or not to do something against his will, be it right or wrong; b. The prevention or compulsion be effected by violence, of force as would produce intimidation and control the will. c. The person that restrained the will and liberty by another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

Light coercions483

a. Offender must be a creditor. b. He seizes anything belonging to his debtor. c. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation; d. The purpose of the offender is to apply the same to the payment of the debt.

Other similar coercions484

No. 1 a. Offender is any person, agent or officer of any association or corporation. b. He or such firm or corporation has employed laborers or employees.

482 483

Art. 286 Art. 287 484 Art. 288

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c. He forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from his or from said firm or corporation. No. 2 a. Offender pays the wages due a laborer or employee employed by him by means of tokens or objects. b. Those tokens or objects are other than the legal tender currency to the Philippines. c. Such employee or laborer does not expressly request that he be paid by means of tokens or objects.

Formation, maintenance, and prohibition of combination of capital or labor through violence or threats485

a. Offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work b. The purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employees.

Discovering secrets through a. Offender is a private individual or even a 486 seizure of correspondence public officer not in the exercise of his official function, b. He seizes the papers or letters of another. c. The purpose is to discover the secrets of such another person.

485 486

Art. 289 Art. 290 Not applicable to parents with respect to minor children Contents need not be secret but purpose prevails Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of another to a 3rd person, the penalty is higher

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d. Offender is informed of the contents or the papers or letters seized.

Revealing secrets with abuse of a. Offender is a manager, employee or servant. office487 b. He learns the secrets of his principal or master in such capacity. c. He reveals such secrets.

Revelation of industrial secrets488

a. Offender is a person in charge, employee or workman of a manufacturing or industrial establishment. b. The manufacturing or industrial establishment has a secret of the industry which the offender has learned. c. Offender reveals such secrets. d. Prejudice is caused to the owner.

487 488

Art. 291 Art. 292

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a. Anti-Wire Tapping Act489 i) Punishable acts It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described: It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person. The use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this prohibition490. Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense, and, if the offender is an alien he shall be subject to deportation proceedings491. ii) Exceptions
489 490

R.A. 4200 Sec. 1 491 Sec. 2.

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Any peace officer, who is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security. 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 may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed. In cases involving the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such authority shall be granted only (1) upon prior proof that a rebellion or acts of sedition, as the case may be, have actually been or are being committed; (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any of such crimes; and (3) that there are no other means readily available for obtaining such evidence.492 b. Human Security Act of 2007493 i) Surveillance of suspects and interception and recording of communications The provisions of Republic Act No. 4200494 to the contrary notwithstanding, a police or law enforcement official and the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any other suitable ways and means for that purpose, any communication, message, conversation, discussion, or spoken or written words between members of a judicially declared and outlawed terrorist organization,

492 493

Sec. 3 R.A. 9372 494 Anti-Wire Tapping Law

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association, or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. 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.495 ii) Restriction on travel In cases where evidence of guilt is not strong, and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and public safety, consistent with Article III, Section 6496 of the Constitution. Travel outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of Court.497 He/she may also be placed under house arrest by order of the court at his or her usual place of residence. While under house arrest, he or she may not use telephones, cellphones, emails, computers, the internet or other means of communications with people outside the residence until otherwise ordered by the court. The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused. iii) Examination of bank deposits and documents a) Judicial Authorization The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding, the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that:

495 496

Sec. 7 The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. 497 Sec. 26

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(1) a person charged with or suspected of the crime of terrorism or, conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist organization, association, or group of persons; and (3) of a member of such judicially declared and outlawed organization, association, or group of persons, may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and (b) gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or financial institution. The bank or financial institution concerned, shall not refuse to allow such examination or to provide the desired information, when so, ordered by and served with the written order of the Court of Appeals.498 b) Application The written order of the Court of Appeals authorizing the examination of bank deposits, placements, trust accounts, assets, and records: (1) of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of any judicially declared and outlawed terrorist organization, association, or group of persons, or (3) of any member of such organization, association, or group of persons in a bank or financial institution, and the gathering of any relevant information about the same from said bank or financial institution, shall only be granted by the authorizing division of the Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53499 of this Act to file
498 499

Sec. 27 The members of the Council are: (1) the Executive Secretary, who shall be its chairperson; (2) the Secretary of Justice, who shall be its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of Finance; and (7) the National Security Advisor, as its other members.

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such ex parte application, and upon examination under oath or affirmation of the applicant and, the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits, placements, trust accounts, assets, and records of those mentioned under nos. 1 to 3 above.500 iv) Unauthorized revelation of classified materials The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any person, police or law enforcement agent, judicial officer or civil servant who, not being authorized by the Court of Appeals to do so, reveals in any manner or form any classified information under this Act.501

c. Anti-Trafficking in Persons Act of 2003502 I) Punishable acts It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
500 501

Sec. 28 Sec. 46 502 R.A. 9208

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(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.503 The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons; (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are

503

Sec. 4.

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in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.504 The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).505

504 505

Sec. 5. Sec. 6.

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10. Crimes Against Property Crimes Elements

Robbery in general506

There be personal property belonging to another.

506

Art. 293 Belonging to another person from whom property was taken need not be the owner, legal possession is sufficient

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There is unlawful taking of that property. The taking must be with intent to gain, and There is violence against or intimidation of any person, or force upon anything.

Robbery with violence against or By reason or on occasion of the robbery, the intimidation of person507 following are committed:

Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide Taking of personal property must be unlawful; if given in trust estafa As to robbery with violence or intimidation from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete As to robbery with force upon things thing must be taken out of the building Intent to gain presumed from unlawful taking Taking must not be under the claim of title or ownership When theres no intent to gain but there is violence in the taking grave coercion Violence or intimidation must be against the person of the offended party, not upon the thing General rule: violence or intimidation must be present before the taking is complete Except: when violence results in homicide, rape, intentional mutilation or any of the serious physical injuries in par 1 and 2 of art 263, the taking of the property is robbery complexed with any of these crimes under Art. 294, even if taking is already complete when violence was used by the offender Use of force upon things entrance to the building by means described in Arts. 299 and 302 (offender must enter) When both violence or intimidation and force upon things concur it is robbery with violence 507 Art. 294 Special complex crimes (specific penalties prescribed) a. robbery with homicide if original design is robbery and homicide is committed robbery with homicide even though homicide precedes the robbery by an appreciable time. If original design is not robbery but robbery was committed after homicide as an afterthought 2 separate offenses. Still robbery with homicide if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident. b. robbery with rape intent to commit robbery must precede rape. Prosecution of the crime need not be by offended party fiscal can sign the information. When rape and homicide coexist, rape should be considered as aggravating only and the crime is still robbery with homicide c. robbery with intimidation acts done by the accused which by their own nature or by reason of the circumstances inspire fear in the person against whom they are directed Qualifying circumstances in robbery with violence or intimidation of persons, if any of the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed: a. in an uninhabited place or b. by a band or c. by attacking a moving train, street car, motor vehicle or airship, or d. by entering the passengers compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or

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1. Homicide 2. Robbery accompanied with rape or intentional mutilation, SPI insane, imbecile, impotent or blind 3. SPI lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for work habitually engaged in. 4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution SPI/deformity, or shall have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days; > 30 days 5. Any kind of robbery with less serious physical injuries or slight physical injuries

Qualified robbery with violence or intimidation508

Robbery by a band509

a. More than 3 armed malefactors b. Liability for the acts of the other members of the band 1. he was a member of the band 2. he was present at the commission of a robbery by that band

e.
508

on a street, road, highway or alley and the intimidation is made with the use of firearms, the offender shall be punished by the max period of the proper penalties prescribed in art 294

Art. 295 Must be alleged in the information Cant be offset by generic mitigating Art. 295 will not apply to: robbery w/ homicide, rape or SPI under par. 1 of Art. 263 509 Art. 296

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3. other members of the band committed an assault 4. he did not attempt to prevent the assault510 Attempted or frustrated robbery with homicide511

Execution of deeds by means of a. Offender has intent to defraud another. violence or intimidation512 b. Offender compels him to sign, execute, or deliver any public instrument or document. c. The compulsion is by means of violence or intimidation.

Robbery in an inhabited house or a. Offender entered public building or edifice devoted to worship513 1. an inhabited house, or
510

1. Conspiracy to commit robbery with homicide even if less than 4 armed men 2. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof all members of the band are liable for robbery with homicide 3. Conspiracy is presumed when 4 or more armed persons committed robbery 4. Unless the others attempted to prevent the assault guilty of robbery by band only 511 Art. 297 1. Whether robbery is attempted or frustrated, penalty is the same 2. Where offense committed is attempted or frustrated robbery with serious physical injuries Article 48 is applicable 512 Art. 298 513 Art. 299 Includes dependencies (stairways, hallways, etc.) Inhabited house any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent dependencies, courts, corals, barns, etc. Not included orchard, lands for cultivation. Important for robbery by use of force upon things, it is necessary that offender enters the building or where object may be found. NO ENTRY, NO ROBBERY Entrance is necessary mere insertion of hand is not enough (whole body); not to get out but to enter therefore, evidence to such effect is necessary P v. Lamahang intent to rob being present is necessary Place: house or building; not car Public building every building owned, rented or used by the government (though owned by private persons) though temporarily vacant Not robbery passing through open door but getting out of a window

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2. public buildings, or 3. edifice devoted to religious worship. b. The entrance was effected by any of the following means: 1. Through an opening not intended for entrance or egress. 2. By breaking any wall, roof, or floor or breaking any door or window. 3. By using false keys, picklocks or similar tools or. 4. By using any fictitious name or pretending the exercise of public authority. c. Once inside the building, the offender took personal property belonging to another with intent to gain.

Outside door must be broken, smashed. Theft if lock is merely removed or door was merely pushed False keys genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock Picklocks specially made, adopted for commission of robbery Key stolen not by force, otherwise, its robbery by violence and intimidation against persons False key used in opening house and not furniture inside, otherwise, theft (for latter to be robbery., must be broken and not just opened) Gen. Rule: outside door. Exception: inside door in a separate dwelling, e.g. pretending to be police to be able to enter (not pretending after entrance)

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Robbery with force upon things514

a. Offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it b. Offender takes personal property belonging to another with intent to gain, under any of the following circumstances: 1. Breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle, or 2. Taking such furniture or objects away to be broken or forced open outside the place of the robbery.

Robbery in an uninhabited place and by a band515

Robbery in an uninhabited place a. Offender entered an uninhabited place or a or in a private building516 building which was not a dwelling house, not a

514

Art. 299 (b) Entrance ( no matter how done) Offender may be servants or guests Destruction of keyhole of cabinet is robbery here When sealed box is taken out for the purpose of breaking it, no need to open already consummated robbery Estafa if box is in the custody of accused Theft if box found outside and forced open 515 Art. 300 What is an uninhabited house, public building or building dedicated to religious worship and their dependencies (Art. 301) 1. Dependencies are all interior courts, corrals, warehouses, granaries or enclosed places: a. contiguous to the building b. having an interior entrance connected therewith c. which form part of the whole 2. Garage must have 3 requirements. Exception: orchards/lands 516 Art. 302 Second kind of robbery with force upon things Uninhabited place is an uninhabited building (habitable, not any of the 3 places mentioned) Ex. warehouse, freight car, store. Exception: pigsty

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public building, or not an edifice devoted to religious worship. b. Any of the following circumstances was present: 1. Entrance was effected through an opening not intended for entrance or egress. 2. A wall, roof, floor, or outside door or window was broken. 3. The entrance was effected through the use of false keys, picklocks or other similar tools. 4. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken or 5. A closed or sealed receptacle was removed, even if the same be broken open elsewhere. c. With intent to gain, the offender took therefrom personal property belonging to another.

Robbery of cereals, fruits or fire wood in an uninhabited place or private building517

Illegal possession of picklocks or a. Offender has in his possession picklocks or similar tools518 similar tools. b. Such picklocks or similar tools are specially
Same manner as Art. 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in Art. 299. Exception: does not include use of fictitious name or pretending the exercise of public authority Breaking of padlock (but not door) is only theft False keys genuine keys stolen from the owner or any other keys other than those intended by the owner for use in the lock forcibly opened 517 Art. 303 518 Art. 304 Actual use of the same is not necessary

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adopted to the commission of robbery. c. Offender does not have lawful cause for such possession.

False keys519

Picklocks, etc. a. Genuine key stolen from owner. b. Any key other than those intended by owner for use in the lock forcibly opened by the offender

Brigandage520

Brigands more than three (3) armed persons forming a band

Aiding and abetting a band of a. There is a band of brigands. brigands521 b. Offender knows the band to be of brigands. c. Offender does any of the following acts: 1. he in any manner aids, abets or protects such band if brigands, or 2. he gives them information of the movements of the police or other peace officers of the government or 3. He acquires or receives the property taken by such brigands.
519

Art. 305 Possession of false keys here not punishable If key was entrusted and used to steal, not robbery (not stolen) 520 Art. 306 PD 532 Brigandage. Seizure of any person for: (a) ransom; (b) extortion or other unlawful purpose; (c) taking away of property by violence or intimidation or force upon things or other unlawful means Committed by any person on any Phil hi-way Presumption of Brigandage: a. if members of lawless band and possession of unlicensed firearms (any of them) b. possession of any kind of arms (not just firearms) 521 Art. 307

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Theft522

a. Taking of personal property. b. Belonging to another. c. The taking is done with intent to gain. d. The taking is done without the consent of the owner.

522

Art. 308 Persons liable: 1. Those who a) with intent to gain b) but without violence against or intimidation of persons not force upon things c) take personal property of another d) without the latters consent 2. Those who a) having found lost property b) fail to deliver the same to local authorities or its owner 3. Those who a) after having maliciously damaged the property of another b) remove or make use of the fruits or object of the damage caused by them 4. Those who a) enter an enclosed estate or a field where b) trespass is forbidden or which belongs to another and, without the consent of its owner c) hunts or fish upon the same or gather fruits, cereals or other forest or farm products. Theft is consummated when offender is able to place the thing taken under his control and in such a situation as he could disclose of it at once (though no opportunity to dispose) i.e, the control test P v. Dino applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). Otherwise, P v. Espiritu full possession is enough Servant using car without permission deemed qualified theft though use was temporary Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner, therefore must exclude joyride Theft: if after custody (only material possession) of object was given to the accused, it is actually taken by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical possession is transferred e.g., by contract of bailment Includes electricity and gas a. inspector misreads meter to earn b. one using a jumper Selling share of co-partner is not theft Salary must be delivered first to employee; prior to this, taking of Php is theft If offender claims property as his own (in good faith) not theft (though later found to be untrue. If in bad faith theft) Gain is not just Php satisfaction, use, pleasure desired, any benefit (e.g. joyride) Actual gain is not necessary (intent to gain necessary) Allege lack of consent in info is important

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e. The taking is accomplished without the use of violence against or intimidation of persons or force upon things.

Hunting, fishing or gathering fruits, a. There is an enclosed estate or a field where etc. in enclosed estate523 trespass is forbidden or which belongs to another; b. Offender enters the same. c. Offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products, and d. The hunting or fishing or gathering of products is without the consent of the owner.

Qualified theft524

a. Committed by domestic servant, or b. With grave abuse of confidence, or c. Property stolen is: 1. motor vehicle 2. mail matter 3. large cattle 4. coconut from plantation

523

Art. 308, par. no.3 Fish not in fishpond, otherwise, qualified 524 Art. 310 grave abuse high degree of confidence, e.g. guests no confidence, not qualified theft theft material possession estafa juridical possession qualified: if done by one who has access to place where stolen property is kept e.g., guards, tellers novation theory applies only if theres a relation industrial partner is not liable for QT (estafa) when accused considered the deed of sale as sham (modus) and he had intent to gain, his absconding is QT motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU in kabit system but under K of lease-estafa mail matter private mail to be QT, Not postmaster Art. 226

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5. fish from fishpond or fishery, or d. On occasion of calamities and civil disturbance.

Theft of property of the national library and national museum525

Occupation of real property or usurpation of real rights in property526

a. Offender takes possession of any real property or usurps any real rights in property. b. The real property or real rights belong to another. c. Violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. d. There is intent to gain.

Altering boundaries landmarks527

or a. There be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same. b. Offender alters said boundary marks.

Fraudulent insolvency528

a. Offender is a debtor;529 b. He absconds with his property. c. There be prejudice to his creditors.

525 526

Art. 311 Art. 312 527 Art. 313 528 Art. 314 - culpable insolvency 529 that is, his obligations was due and payable.

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Estafa in general530

a. The accused defrauded another 1. by abuse of confidence, or or means of deceit and 2. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.

Estafa with unfaithfulness531

a. Offender has an onerous obligation to deliver something of value. b. He alters its substance, quantity, or quality. c. Damage or prejudice is caused to another.

Estafa with abuse of confidence532

a. Money, goods, or other personal property be

530 531

Art. 315 Art.315, Sub.1, Par. (A) 532 Art.315, Sub.1, Par. (B) 3 ways of committing: 1. By misappropriating the thing received. 2. By converting the thing received. 3. By denying that the thing was received Unfaithful or Abuse of Confidence a. by altering the substance b. existing obligation to deliver even if it is not a subject of lawful commerce c. thing delivered has not been fully or partially paid for not estafa d. no agreement as to quality No estafa if delivery is unsatisfactory By misappropriating and converting a. thing is received by offender under transactions transferring juridical possession, not ownership b. under P.D. 115 (Trust Receipts Law) failure to turn over to the bank the proceeds of the sale of the goods covered by TR Estafa c. same thing received must be returned otherwise estafa; sale on credit by agency when it was to be sold for cash estafa d. Estafa not affected by Novation of Contract because it is a public offense e. Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors f. Misappropriating to take something for ones own benefit g. Converting act of using or disposing of anothers property as if it was ones own; thing has been devoted for a purpose or use different from that agreed upon h. There must be prejudice to another not necessary that offender should obtain gain

186

received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return, the same. b. There be misappropriation or conversion of such money or property by the offender, or dental on his part of such receipt.

c. Such misappropriation or conversion or dental is to the prejudice of another and d. There is a demand made by the offended party to the offender.

Estafa by taking undue advantage a. The paper with the signature of the offended of the signature in blank533 party be in blank. b. The offended party should have delivered it to offender. c. Above the signature of the offended party a document is written by the offender without authority to do so. c. The document so written creates a liability of, or causes damage to, the offended party or any third person

i. Partners No estafa of money or property received for the partnership when the business is commercial and profits accrued. But if property is received for specific purpose and is misappropriated estafa! j. Failure to account after the demand is circumstantial evidence of misappropriation k. Demand is not a condition precedent to existence of estafa when misappropriation may be established by other proof l. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of the ting to him otherwise, Estafa m. Servant, domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft When in the prosecution for malversation the public officer is acquitted, the private individual allegedly in conspiracy with him may be held liable for estafa 533 Art. 315

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Estafa by means of deceit534

a. There must be a false pretense, fraudulent means must be made or executed prior to or b. Such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. c. The offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means. d. As a result thereof, the offended party suffered damage.

Estafa by postdating a check or a. Offender postdated a check, or issued a check issuing a check in payment of an in payment of an obligation. obligation535 b. Such postdatig or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. Offense defined in the first par. of a. A person makes or draws and issues any check. Sec. 1 of B.P. 22536 b. The check is made or drawn and issued to apply on account or for value. c. The person who makes or draws and issues the
534

False pretenses or fraudulent acts executed prior to or simultaneously with delivery of the thing by the complainant There must be evidence that the pretense of the accused that he possesses power/influence is false 535 Good faith is a defense. (P. vs. Villapando, 56 Phil.31) Dishonor from lack of funds is prima facie evidence of deceit or failure to make good within three days after notice of. No funds in the bank or his funds are not sufficient If check was issued in payment of pre-existing debt no estafa Offender must be able to obtain something from the offended party by means of the check he issues and delivers If postdating a check issued as mere guarantee/promissory note no estafa 536 Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency of funds

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check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. d. The check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to stop payment.

Elements of the offense defined in a. A person has sufficient funds in or credit with the 2nd par. of Sec. 1 of B.P. 22 the drawee bank when he makes or draws and issues a check. b. He fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon.

c. The check is dishonored by the drawee bank.

By obtaining food or credit at hotels, inns, restaurants etc.

Estafa by inducing another to sign a. Offender induced the offended party to sign a any documents537 document. b. Deceit be employed to make him sign the document. c. The offended party personally signed the document. d. Prejudice be caused.
537

If offended party willingly signed the document and there was deceit as to the character or contents of the document falsification; but where the accused made representation to mislead the complainants as to the character of the documents - estafa

189

Estafa by removing, concealing or a. There be court records, office files, documents destroying documents538 or any other papers. b. Offender removed, concealed or destroyed any of them. c. Offender had intent to defraud another.

Damage or prejudice capable of a. The offended party being deprived of his money pecuniary estimation539 or property, as a result of the defraudation. b. Disturbance in property right, or c. Temporary prejudice. Swindling by conveying, selling, a. The thing be immovable, such as a parcel of encumbering, or mortgaging any land or a building. real property, pretending to be the owner of the same540 b. Offender who is not the owner of said property represented that he is the owner thereof. c. Offender should have executed an act of ownership541 d. The act be made to the prejudice of the owner or a third person.

Swindling by disposing of real a. The thing disposed of be real property. property as free from

Estafa: Private individual was entrusted Intent to defraud Infidelity in the custody of documents: Public officer entrusted No intent to defraud 538 No intent to defraud destroying or removal = malicious mischief 539 second element of any form of estafa 540 Art. 316, par.1 541 selling, leasing, encumbering or mortgaging the real property

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encumbrance, although such b. Offender knew that the real property was 542 encumbrance be not recorded encumbered, whether the encumbrance is recorded or not. c. There must be express representation by the offender that the real property is free from encumbrance. d. The act of disposing of the real property be made to the damage of another.

Swindling by wrongfully taking by a. Offender is the owner of personal property. the owner his personal from its lawful possessor543 b. Said personal property is in the lawful possession of another. c. Offender wrongfully takes it from its lawful possessor. d. Prejudice is thereby caused to the possessor or third person.

Swindling544 by selling, mortgaging or encumbering real property or properties with which the offender guaranteed the fulfillment of his obligation as surety545

a. Offender is a surety in a bond given in a criminal or civil action. b. He guaranteed the fulfillment of such obligation with his real property or properties. c. He sells, mortgages, or, in any other manner encumbers said real property. d. Such sale, mortage or encumbrance is 1. without express authority from the court, or 2. made before the cancellation of his bond, or 3. before being relieved from the obligation

542 543

par. 2. par. 3 544 par. 6 545 Art. 316

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contracted by him.

Swindling a minor546

a. Offender takes advantage of the inexperience or emotions or feelings of a minor. b. He induces such minor 1. to assume an obligation, or 2. to give release, or 3. to execute a transfer of any property right. c. The consideration is 1. some loan of money 2. credit, or 3. other personal property. d. The transaction is to the detriment of such minor.

Other deceits547

a. Not mentioned above; b. Interpretation of dreams, forecast, futuretelling for profit or gain.

546 547

Art. 317 Art. 318

192

Selling or pledging personal property already pledged548

a. Personal property is already pledged under the terms of the chattel mortgage law. b. Offender, who is the mortgagee of such property, sells or pledges the same or any part thereof. c. There is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds.

Knowingly removing mortgaged Personal property is mortgaged under the chattel personal property549 mortage law. Offender knows that such property is so mortaged. He removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage. The removal is permanent. There is no written consent of the mortgagee or his executors, administration or assigns to such removal.

Arson and other crimes involving destructions550 Arsons of values551 property of small a. An uninhabited hut, storehouse, barn, shed or any other property is burned. b. The value of the property burned does not exceed 25 pesos
548 549

Art. 319 Ibid. 550 P.D. 1613 expressly repealed or amended Arts 320-326, but P.D. 1744 revived Art. 320 551 Art. 323

193

c. The burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading.

Crimes involving destruction552

a. Offender causes destruction of the property b. The destruction was done by means of: 1. explosion 2. discharge of electric current 3. inundation 4. sinking or stranding of a vessel 5. damaging the engine of the vessel 6. taking up rails from the railway track 7. destroying telegraph wires and posts or those of any other system 8. other destruction. similar effective means of

Burning ones property as a means a. Offender set fire to or destroyed his own to commit arson553 property b. The purpose of the offender in doing so was to commit arson or to cause a great destruction c. The property belonging to another was burned or destroyed

552 553

Art. 325 Art. 325

194

Arson

a. The property burned is the exclusive property of the offender b. The purpose of the offender in burning it is 1. to defraud or cause damage to another or 2. prejudice is actually caused, or 3. the thing burned is a building in an inhabited place.

Malicious mischief554

Offender deliberately caused damage to the property of another. Such act does not constitute arson or other crimes involving destruction. The act damaging anothers property be committed merely for the sake of damaging it.

Special cases 555 mischief

of

malicious Obstruct performance of public functions. Using poisonous or corrosive substances. Spreading infection or contagious among cattle. Damage to property of national museum or library, archive, registry, waterworks, road, promenade, or any other thing ised in common by the public.

554

Art. 326 Malicious mischief willful damaging of anothers property for the sake of causing damage due to hate, revenge or other evil motive No negligence Example. Killing the cow as revenge If no malice only civil liability Damage is also diminution in value But after damaging the thing, he used it = theft Damage is not incident of a crime (breaking windows in robbery) 555 Art. 328 Qualified malicious mischief no uprising or sedition (#1)

195

Other mischief556

Not included in Art. 328.557 a. scattering human excrement b. killing of cow as an act of revenge

Damage and obstivation to means a. Done by damaging railways, telegraph, of communication558 telephone lines, electric wires, traction cables, signal system of railways b. Removing rails from tracks is destruction559 c. Not applicable when telegraph/phone lines dont pertain to railways560 d. People killed as a result: 1. murder if derailment is means of intent to kill none Art 48 e. Circumstance qualifying the offense if the damage shall result in any derailment of cars, collision or other accident a higher penalty shall be imposed Destroying or damaging statues, public monuments or paintings561

Exemption from criminal liability in crimes against property562


556 557

Art. 329 supra 558 Art. 330 559 Art. 324 560 example: for transmission of electric power/light 561 Art. 331 562 Art. 332 Exemption is based on family relations Parties to the crime not related to the offended party still remains criminally liable Persons exempt include: a. stepfather/mother (ascendants by affinity) b. adopted children (descendants)

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1. Spouse, ascendants and descendants or relatives by affinity in the same line 2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together. Offenses involved in the exemption: 1. Theft 2. Swindling 2. Malicious mischief

a. Anti-Fencing Law563 and its Implementing Rules and Regulations i) Fencing a) Definition The act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.564 b) Presumption of fencing Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. 565 ii) Exception a) With clearance or permit to sell

c. concubine/paramour (spouse) d. common law spouse (property is part of their earnings) 563 P.D. No. 1612 564 Sec. 2. 565 Sec. 5.

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All stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier thereof, shall, before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence.566

b. Bouncing Checks Law567 plus Administrative Circular No. 12-2000 Re: Penalty for Violation of B.P. 22568 and Administrative Circular No. 132001 Re: Clarification of Admin Circular No. 12-2000569 i) Punishable acts Any person who makes or draws and issues any check to apply on account or for 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 check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. Any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in behalf of such drawer shall be liable. 570
566 567

Sec. 6. B.P. Blg. 22 568 see Reference 569 ibid

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ii) Evidence of knowledge of insufficient funds The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee.571 iii) Preference of imposition of fine Where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence, the imposition of a fine alone should be considered as the more appropriate penalty. The determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge.572 c. Anti-Carnapping Act of 1972573 i) Definition of terms

Carnapping

The taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things

Motor vehicle

Any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction engines of all kinds

570 571

Sec. 1. Sec. 2. 572 Administrative Circular No. 13-2001, February 14, 2001. See Reference 573 R.A. 6539

199

used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating.

Defacing or tampering with a serial The erasing, scratching, altering or number changing of the original factory-inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its motor engine, engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines, that motor vehicle shall be considered to have a defaced or tampered with serial number.

Repainting

Changing the color of a motor vehicle by means of painting. There is repainting whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission.

Body-building

A job undertaken on a motor vehicle in order to replace its entire body with a new body.

Remodeling

The introduction of some changes in the shape or form of the body of the motor vehicle. The tearing apart, piece by piece or part by part, of a motor vehicle.

Dismantling

200

Overhauling

The cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle.574

ii) Registration Within one year after the approval of this Act, every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register with the Land Transportation Commission the motor vehicle engine, engine block and chassis in his name or in the name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine, engine block or chassis. Thereafter, all motor vehicle engines, engine blocks and chassis not registered with the Land Transportation Commission shall be considered as untaxed importation or coming from an illegal source or carnapped, and shall be confiscated in favor of the Government. All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without paying any charges.575

iii) Who are liable a) Duty of collector of customs The Collector of Customs of a principal port of entry where an imported motor vehicle, motor vehicle engine, engine block chassis or body is unloaded, shall, within seven days after the arrival of the imported motor vehicle or any of its parts enumerated herein, make a report of the shipment to the Land Transportation Commission, specifying the make, type and serial numbers, if any, of the motor vehicle engine, engine block and chassis or body, and stating the names and addresses of the owner or consignee thereof. If the motor vehicle engine, engine block, chassis or body does not bear any serial number, the Collector of Customs concerned shall hold the motor vehicle engine, engine block, chassis or body until it is numbered by the Land Transportation Commission.576

574 575

Sec. 2. Sec. 3. 576 Sec. 7.

201

b) Duty of importers, distributors and sellers Any person engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle engines, engine blocks, chassis or body, shall keep a permanent record of his stocks, stating therein their type, make and serial numbers, and the names and addresses of the persons from whom they were acquired and the names and addresses of the persons to whom they were sold, and shall render an accurate monthly report of his transactions in motor vehicles to the Land Transportation Commission.577 c) Clearance and permit Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the Philippine Constabulary: Provided, That no such permit shall be issued unless the applicant shall present a statement under oath containing the type, make and serial numbers of the engine, chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof. In the case of motor vehicle engines to be mounted on motor boats, motor bancas and other light water vessels, the applicant shall secure a permit from the Philippine Coast Guard, which office shall in turn furnish the Land Transportation Commission the pertinent data concerning the motor vehicle engines including their type, make and serial numbers.578 iv) Punishable acts It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis.579 d. Human Security Act of 2007580 i) Punishable acts of terrorism581 e. Anti-Arson Law582
577 578

Sec. 8. Sec. 10. 579 Sec. 12. 580 R.A. 9372 581 supra 582 P.D.1613

202

i) Punishable acts I. Arson583 - any person who burns or sets fire to the property of another or to his own property under circumstances which expose to danger the life or property of another. II. Destructive Arson - if the property burned is any of the following: 1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored. 2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social services. 3. Any church or place of worship or other building where people usually assemble. 4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property 5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings. 6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building. 7. Any building, whether used as a dwelling or not, situated in a populated or congested area.584 III. Conspiracy to commit Arson585

11. Crimes Against Chastity Crimes Adultery586


583 584

Elements a. The woman is married587

Sec. 1 Sec. 2 585 Sec. 7

203

b. She has sexual intercourse with a man not her husband. c. As regards the man with whom she has sexual intercourses, he must know her to be married.

Concubinage588

a. The man must be married. b. He committed any of the following acts: 1. Keeping a mistress in the conjugal dwelling. 2. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. 3. Cohabiting with her in any other place. c. As regards the woman, she must know him to be married.

Acts of lasciviousness589

a. Offender commits any act of lasciviousness or lewdness. b. Done under any of the following circumstances: 1. by using force or intimidation, or 2. when the offended party is deprived of reason or otherwise unconscious, or

586

Art. 333 Mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance) Attempted: caught disrobing a lover 587 even if marriage subsequently declared void 588 Art. 334 Scandal consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of honest persons and gives occasions to the neigh bors spiritual damage and ruin. 589 Art. 336

204

3. when the offended party is under 12 years of age. c. Offended party is another person of either sex.

Qualified seduction590 1. Seduction of a virgin over 12 a. Offended party is a virgin, which is presumed if she and under 18 years of age by unmarried and of good reputation. certain persons, such as a person in authority, priest, teachers etc b. He must be over 12 and under 18 years of age. and d. Offender has sexual intercourse with her. 2. Seduction of a sister by her brother or descendant by her e. There is abuse of authority, confidence or relationship ascendant, regardless of her age on the part of the offender592 591 or reputation. Simple seduction593 a. Offended party is over 12 and under 18 years of age. b. She must be of good reputation, single or widow. c. Offender has sexual intercourse with her. d. It is committed by means of deceit.

Acts of lasciviousness with the a. Offender commits acts of lasciviousness or lewdness.


590

Art. 337 Persons liable: 1. Those who abuse their authority: a. persons in public authority b. guardian c. teacher d. person who, in any capacity, is entrusted with the education or custody of the woman seduced 2. Those who abused the confidence reposed in them: a. priest b. house servant c. domestic 3. Those who abused their relationship: a. brother who seduced his sister b. ascendant who seduced his descendant 591 incestuous seduction 592 person entrusted with education or custody of victim; person in public authority, priest; servant 593 Art. 338 Common form is unconditional promise to marry

205

consent of the offended party594 b. The acts are committed upon a woman who is virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age. c. Offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.

Corruption of minors595

Promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another

White slave trade596

a. Engaging in the business of prostitution b. Profiting by prostitution c. Enlisting the servicxe of women for the purpose of prostitution.

Forcible abduction597

a. The person abducted is any woman, regardless of her age, civil status, or reputation. b. The abduction is against her will. c. The abduction is with lewd designs.

Consented abduction598

a. Offended party must be a virgin. b. She must be over 12 and under 18 years of age. c. The taking away of the offended party must be with her consent, after solicitation or cajolery from the

594 595

Art. 339 Art. 340 596 Art. 341 597 Art. 342 Sexual intercourse is not necessary Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction 598 Art. 343

206

offender. The taking away of the offended party must be with lewd designs

Adultery, concubinage, seduction, abduction rape and acts of lasciviousness 599 1. Prosecution of Adultery and concubinage must be prosecuted upon complaint filed by the offended spouse 2. Seduction, abduction, rape600 or acts of lasciviousness must be prosecuted upon complaint filed by: a. b. c. d. offended party her parents grandparents guardians in the order in which they are named above.

Civil liability of persons guilty of rape, seduction or abduction601 1. To idemnify the offended women 2. To acknowledge the offspring, unless the law should prevent him from doing so 3. In every case to support the offspring Liability of ascendants, other persons entrusted with custody of offended party who by abuse of authority or confidence shall cooperate as accomplies602

599

Art. 344 Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape 600 Not included (see Art. 266-C, 2nd par) 601 Art. 345 602 Art. 346, see Reference

207

a. Anti-Photo and Video Voyeurism Act of 2009603 i) Punishable 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. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. b. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act 604 i) Child prostitution and other acts of abuse a) Punishable acts
603 604

R.A. 9995 R.A. 7610, as amended

208

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse;605 and (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.606 b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and RA 7610, as amended Under RPC: Acts of lasciviousness must be prosecuted upon complaint filed by: 1. offended party, 2. her parents, Under R.A. 7610: Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: 1. Offended party; 2. Parents or guardians;
605

When the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. 606 Sec. 5.

209

3. grandparents, 4. guardians607 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 or social worker of the Department of Social Welfare and Development; 6. Barangay chairman; or 7. At least three (3) concerned responsible citizens where the violation occurred.608 ii) Obscene Publications and indecent shows a) Punishable acts Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period. Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.609 c. Anti-Trafficking in Persons Act of 2003610 i) Punishable acts It shall be unlawful for any person, natural or juridical, to commit any of the following acts:

607 608

in the order in which they are named Sec. 27 609 Sec. 9 610 R.A. 9208

210

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.611 The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;

611

Acts of Trafficking in Persons (Sec. 4)

211

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.612

The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale.613 (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee;
612 613

Acts that Promote Trafficking in Persons (Sec. 5) Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group;

212

(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).614

d. Anti-Violence against Women and their Children Act of 2004615 i) Punishable acts (a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from
614 615

Qualified Trafficking in Persons (Sec. 6) R.A. 9262

213

conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; (3) Depriving or threatening to deprive the woman or her child of a legal right; (4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties; (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: (1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child; (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

214

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.616 e. Anti-Sexual Harassment Act of 1995617 i) Punishable acts Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employees rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed:

616 617

Sec. 5 R.A. 7877

215

(1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable.618

12. Crimes Against Civil Status

618

Sec. 3

216

Crimes

Elements

Simulation of births, substitution a. Child is baptized or registered in the Registry of of one child for another, and birth as hers concealment or abandonment of a legitimate child619 b. Child loses its real status and acquiires a new one c. Actors purpose was to cause the loss of any trace as to the childs true filiation.620

Usurpation of civil status621

a. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person. b. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto. c. Committed by asuming the filiation, or the parental or conjugal rights of another. d. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or his heirs.

Bigamy622
619

a. Offender has been legally married.

Art. 347 Acts Punished: 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites: 1. The child must be legitimate 2. The offender conceals or abandons such child 3. The offender has the intent to cause the child to lose its civil status 620 Elements of Simulation of Birth 621 Art. 348 622 Art. 349 The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party

217

b. The marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the civil code. c. He contracts a second or subsequent marriage. d. The second or subsequent marriage has all the essential requisites for validity.

Marriage contracted provisions of laws623

against a. Offender contracted marriage. b. He knew at the time that 1. the requirement of the law were not complied with, or 2. the marriage was in disregard of a legal impediment.

Premature marriage624

a. A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death b. A woman whose marriage having been dissolved or annulled, married before her delivery or within 301 days after the legal separation.

A simulated marriage is not marriage at all and can be used as a defense for bigamy There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is bigamy through reckless imprudence A judicial declaration of the nullity of a marriage void ab initio is now required One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice 623 Art. 350 Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud 624 Art. 351

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Performance of illegal marriage a. Performance of any illegal marriage ceremony ceremony625 by a priest or minister of any religious denomination or sect or by civil authorities 13. Crimes Against Honor Crimes Libel626
625 626

Elements a. There must be an imputation of a crime, or of

Art. 352 Art. 353 Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead Kinds of malice: (a) malice in law; (b) malice in fact Malice is presumed to exist in injurious publications Publication is the communication of the defamatory matter to some third person/s Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that the description of the person referred to in the defamatory publication was sufficiently clear so that at least a 3rd person would have identified the plaintiff. There are as many crimes as there are persons defamed. To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3rd persons. Criterion to determine whether statements are defamatory 1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hole the person up to public ridicule 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. Requirement of publicity (Art. 354) Kinds of privileged communication: a. Absolutely privileged not actionable even if the actor has acted in bad faith b. Qualifiedly privileged those which although containing defamatory imputations could not be actionable unless made with malice or bad faith General Rule: Every defamatory imputation is presumed malicious even if it be true, if no good intention and justifiable motive for making it is shown. Exception: a. Private communication in performance of legal, moral or social duty b. Fair and true report, made in good faith, without any comments and remarks Persons responsible for Libel (Art. 360) a. A person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means. b. Author or editor of a book or pamphlet c. Editor or business manager of a daily newspaper magazine or serial publication d. Owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication (US v Ortiz) Venue of criminal and civil action for damages in cases of written defamation: a. where the libelous article is printed and 1st published or

219

a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances. b. The imputation must be made publicly. c. It must be malicious. d. The imputation must be directed at a natural or juridical person, or one who is dead. e. The imputation must tend to cause the dishonor, discredit or contempt of the person defamed.

Libel by means of writing or Enumerates the means by which libel may be similar means627 committed: writing, printing, lithography, engraving, radio phonograph, painting, theatrical or cinematographic exhibitions or any similar means. Threatening to publish libel and Clearly, just a case of blackmail.629 offer to prevent such publication for a compensation628

Prohibited publication of acts a. Offender is a reporter, editor or manager of a referred to in the course of official newspaper, daily or magazine. proceedings630
b. where any of the offended parties actually resides at the time of the commission of the offense Where one of the offended parties is a public officer: a. if his office is in the City of Manila - RTC of Manila or - city/province where the article is printed and 1st published b. Otherwise - RTC of the city/province where he held office at the time of offense or - where the article is 1st published Where one of the offended parties is a private individual: - RTC of province/city where he actually resides at the time of the crime - where article was printed or 1st published 627 Art. 355 628 Art. 356 629 any unlawful extortion of money by threats of accusation and exposure Possible in light threats (Art 283) and in threat to publish (Art 356).

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b. He publishes facts connected with the private life of another. c. Such facts are offensive to the honor, virtue and reputation of said person. Oral defamation/slander631 a. action of a serious and insulting nature632 b. light insult or defamation not serious in nature633

Slander by deed634

a. Offender performs any act not included in any other crime against honor. b. Such act is performed in the presence of other person or persons. c. Such act casts dishonor, discredit or contempt upon the offended party.

630

Art. 357 Even though made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. He wrote to the BOD and to Marquez. He caused to publish the second letter. HELD: Letter is not privileged communication. To be classified as such, it must be free from malice. Granting that the letter was privileged communication, written out of a duty of an officer towards the members, such character was lost when it was published (Lacsa v. IAC) 631 Art. 358 Factors that determine gravity of the offense: a) expressions used b) personal relations of the accused and the offended party c) circumstances surrounding the case Words uttered in the heat of anger constitute light oral defamation If the utterances were made publicly and were heard by many people and the accused at the same time leveled his finger at the complainant, oral defamation is committed Seriousness depends on the social standing of offended party, the circumstances surrounding the act, the occasion, etc. 632 grave slander 633 simple slander 634 Art. 359 Libelous remarks (Art. 362) Libelous remarks or comments on privileged matters if made with malice in fact will not exempt the author and editor. This article is a limitation to the defense of privileged communication.

221

Incriminating innocent person635

a. Offender performs an act. b. Such act he directly incriminates or imputes to an innocent person the commission of a crime. c. Such act does not constitute perjury.

Intriguing against honor636

Any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person.

a. Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases i) Preference of imposition of fine This Administrative Circular does not remove imprisonment as an alternative penalty for the crime of libel.637 The Judges concerned may, in the exercise of sound discretion, and taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, work violence on the social order, or otherwise be contrary to the imperative of justice; Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application of the Revised Penal Code provision on subsidiary imprisonment.

635

Art. 363. Two (2) Kinds: a. making a statement which is i. defamatory or ii. perjurious b. planting evidence This article is limited to planting evidence and the like

636

Art. 364 Refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot. Committed by saying to others an unattributable thing; if said to the person himself it is slander 637 under Art. 355 of the RPC

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14. Criminal Negligence

Reckless imprudence638

a. Offender does or fails to do an act. b. The doing of or the failure to do that act is voluntary. c. Without malice. d. Material damage results. e. There is inexcusable lack of precaution on the part of the offender, taking into consideration 1. his employment or occupation 2. degree of intelligence, physical condition, and 3. other circumstances regarding persons, time and place.

Simple imprudence639
638 639

a. There is lack of precaution on the part of the

Art. 365 ibid. Art.64 on mitigating and aggravating circumstances not applicable. Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree.

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offender. b. The damage impending to be caused in not immediate or the danger is not clearly manifest.

INCLUDE: Pertinent Supreme Court decisions promulgated up to January 31, 2013. EXCLUDE: A. Penalties of Specific Crimes. B. Special Criminal Laws not included in the above listing

Abandoning usually punishable under Art 275, if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance. Contributory negligencenot a defense, only mitigating Last clear chance doctrineThe contributory negligence of the injured party will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party Emergency ruleAn automobile driver, who, by the negligence of another, is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice.

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REFERENCE Revised Penal Code Art. 2. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago including its atmosphere, its interior waters and Maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or (Some of these crimes are bribery, fraud against national treasury, malversation of public funds or property, and illegal use of public funds; e.g., A judge who accepts a bribe while in Japan.)

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5. Should commit any crimes against the national security and the law of nations, defined in Title One of Book Two of this Code. (These crimes include treason, espionage, piracy, mutiny, and violation of neutrality) Art. 10. Offenses not subject to the provisions of this code. --Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. Article 11. Justifying circumstances. - The following do not incur any criminal liability: 1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression; Second. Reasonable necessity of the means employed to prevent or repel it; Third. Lack of sufficient provocation on the part of the person defending himself. 2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making defense had no part therein. 3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive. 4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following requisites are present; First. That the evil sought to be avoided actual exists; Second. That the injury feared be greater than that done to avoid it; Third. That there be no other practical and less harmful means of preventing it.
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5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. 6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Article 12. Circumstances which exempt from criminal liability. - The following are exempt from criminal liability: 1. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. 2. A person under nine years of age. 3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of article 80 of this Code. When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education; otherwise, he shall be committed to the care of some institution or person mentioned in said article 80. 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 5. Any person who acts under the compulsion of irresistible force. 6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.

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Article 13. Mitigating circumstances. - The following are mitigating circumstances: 1. Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant. 2. That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of article 80. 3. That the offender had no intention to commit so grave a wrong as that committed. 4. That sufficient provocation or threat on the part of the offended party immediately preceded the act. 5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito) his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the same degrees. 6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. 7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. 8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communication with his fellow beings. 9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts. 10. And, finally, any other circumstance of a similar nature and analogous to those above mentioned. Article 14. Aggravating circumstances. - The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. 2. That the crime be committed in contempt of or with insult to the public authorities.
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3. That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation. 4. That the act be committed with abuse of confidence or obvious ungratefulness. 5. That the crime be committed in the palace of the Chief Executive, or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. 6. That the crime be committed in the nighttime, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. 7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic, or other calamity or misfortune. 8. That the crime be committed with the aid of armed men or persons who insure or afford impunity. 9. That the accused is a recidivist. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. 10. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. 11. That the crime be committed in consideration of a price, reward, or promise. 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. 13. That the act be committed with evident premeditation. 14. That craft, fraud, or disguise be employed.
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15. That advantage be taken of superior strength, or means be employed to weaken the defense. 16. That the act be committed with treachery (alevosia). There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. 18. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. 19. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken. 20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by Rep. Act No. 5438, approved Sept. 9, 1968.) 21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. Article 15. Their concept. - Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender. The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender. The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance. Article 17. Principals. - The following are considered principals:
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1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. Article 18. Accomplices. - Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts. Art. 19.Accessories. Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. Article 125. Delay in the delivery of detained persons to the proper judicial authorities. The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. Art. 247. Death or physical injuries inflicted under exceptional circumstances . Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro. . .

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Art. 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party. -The ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationships, shall cooperate as accomplices in the perpetration of the crimes embraced in chapters, second, third and fourth, of this title, shall be punished as principals.chan robles virtual law library Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification. Any person falling within the terms of this article, and any other person guilty of corruption of minors for the benefit of another, shall be punished by special disqualification from filling the office of guardian. Revised Rules of Criminal Procedure Sec. 17. Discharge of accused to be state witness. When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that: (a) There is absolute necessity for the testimony of the accused whose discharge is requested; (b) The is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused; (c) The testimony of said accused can be substantially corroborated in its material points; (d) Said accused does not appear to be the most guilty; and (e) Said accused has not at any time been convicted of any offense involving moral turpitude. Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence.

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The Comprehensive Dangerous Drugs Act of 2002 Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes. xxx Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions. xxx Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form. Xxx Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon: (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and (b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as such and shall knowingly visit the same Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the manufacture of any dangerous drug. Xxx Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
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person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. xx Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof: (1) 10 grams or more of opium; (2) 10 grams or more of morphine; (3) 10 grams or more of heroin; (4) 10 grams or more of cocaine or cocaine hydrochloride; (5) 50 grams or more of methamphetamine hydrochloride or "shabu"; (6) 10 grams or more of marijuana resin or marijuana resin oil; (7) 500 grams or more of marijuana; and (8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act. xxx Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. - The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: Provided, That in the case of medical practitioners and various professionals who are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof. The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked, consumed, administered to
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himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act. Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. Any person found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such dangerous drugs. Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person, who shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons. Section 15. Use of Dangerous Drugs. A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply. Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived: Provided, That in the case of medical laboratories and medical research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of such dangerous drugs for medical experiments and research purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper cultivation, culture, handling, experimentation and disposal of such plants and materials. Section 19. Unlawful Prescription of Dangerous Drugs. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,

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who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug.

IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 THESE RULES AND REGULATIONS ARE HEREBY PROMULGATED TO IMPLEMENT THE PROVISIONS OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002. SECTION 1. This IRR, issued and promulgated pursuant to Section 94 of RA 9165, shall be referred to as the COMPREHENSIVE DANGEROUS DRUGS RULES OF 2002. SECTION 2. Declaration of Policy. It is the policy of the State to safeguard the integrity of its territory; and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one of todays more serious social ills. Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs and projects. The government shall, however, aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications, which include the use of dangerous drugs. It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation. ARTICLE I Definition of Terms SECTION 3. Definitions. As used in this IRR, the following terms shall mean: (a) Accreditation the formal authorization issued by the Department of Health (DOH) to an individual, partnership, corporation or association to operate a laboratory and

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rehabilitation facility after compliance with the standards set at a maximum achievable level to stimulate improvement over time; (b) Act refers to Republic Act No. 9165; (c) Administer any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication; (d) Board or DDB refers to the Dangerous Drugs Board under Section 77, Article IX of the Act; (e) Center any of the treatment and rehabilitation centers which undertake the treatment, after-care and follow-up treatment of drug dependents as referred to in Section 75, Article VIII of the Act. It includes institutions, agencies and the like whose purposes are: the development of skills, arts, and technical know-how; counseling; and/or inculcating civic, social, and moral values to drug patients, with the aim of weaning them away from dangerous drugs and keeping them drug-free, adapted to their families and peers, and readjusted into the community as law abiding, useful and productive citizens; (f) Chemical Diversion the sale, distribution, supply or transport of legitimately imported, in-transit; manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration; use of front companies or mail fraud; (g) Clandestine Laboratory any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical; (h) Confinement refers to the residential treatment and rehabilitation of trainees, clients and patients in a center; (i) Confirmatory Test an analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. It refers to the second or further analytical procedure to more accurately determine the presence of dangerous drugs in a specimen;

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(j) Controlled Delivery the investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drug related offense, or to facilitate prosecution of that offense; (k) Controlled Precursors and Essential Chemicals include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of the Act; (l) Cultivate or Culture any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a dangerous drug; (m) DOH-Accredited Physician refers to a physician with background experience on psychological/behavioral medicine whose application has been approved and duly authorized by the DOH to conduct dependency examination on persons believed to be using dangerous drugs; (n) Dangerous Drugs include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of the Act; (o) Deliver any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration; (p) Den, Dive or Resort a place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form; (q) Dispense any act of giving away, selling or distributing medicine or any dangerous drug with or without the use of prescription; (r) Drug Dependence as based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use; (s) Drug Dependent refers to a person suffering from drug dependence;

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(t) Drug Syndicate any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under the Act; (u) Employee of Den, Dive or Resort the caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof; (v) Financier any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under the Act; (w) Illegal Trafficking the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical; (x) Income revenues generated minus the expenses incurred by health facilities in providing health services for the drug dependents; (y) Instrument any thing that is used or intended to be used, in any manner, in the commission of illegal drug trafficking or related offenses; (z) Laboratory refers to the facility of a private or government agency that is capable of testing a specimen to determine the presence of dangerous drugs therein; (aa) Laboratory Equipment the paraphernalia, apparatuses, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute; (bb) Manufacture the production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drug or such substances that are not intended for sale or for any other purpose;

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(cc) Cannabis or commonly known as Marijuana or Indian Hemp or by its any other name embraces every kind, class, genus, or specie of the plant Cannabis sativa L, including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops; or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever; (dd) Methylenedioxymethamphetamine (MDMA) or commonly known as Ecstasy, or by its any other name refers to the drug having such chemical composition, including any of its isomers or derivatives in any form; (ee) Methamphetamine Hydrochloride or commonly known as Shabu, Ice, Meth, or by its any other name refers to the drug having such chemical composition, including any of its isomers or derivatives in any form; (ff) Opium refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same, narcotic preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or not; (gg) Opium Poppy refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes; (hh) PDEA refers to the Philippine Drug Enforcement Agency under Section 82 Article IX of the Act; (ii) Person any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock company, association, syndicate; joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations; (jj) Planting of Evidence the willful act of any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of the Act;
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(kk) Practitioner any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the Philippines; (ll) Protector/Coddler any person who knowingly and willfully consents to the unlawful acts provided for in the Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of the Act in order to prevent the arrest, prosecution and conviction of the violator; (mm) Pusher any person who sells, trades, administers, dispenses, delivers or gives away to another, on any term whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation a the Act; (nn) Rehabilitation the dynamic process, including after-care and follow-up treatment, directed towards the physical, emotional/psychological, vocational, social and spiritual change/enhancement of a drug dependent to enable him/her to live without dangerous drugs, enjoy the fullest life compatible with his/her capabilities and potentials and render him/her able to become a law-abiding and productive member of the community; (oo) School any educational institution, private or public, undertaking educational operation for pupils/students pursuing certain studies at defined levels, receiving instructions from teachers, usually located in a building or a group of buildings in a particular physical or cyber site; (pp) Screening Test a rapid test performed to establish potential/presumptive positive result. It refers to the immunoassay test to eliminate a negative specimen, i.e. one without the presence of dangerous drugs, from further consideration and to identify the presumptively positive specimen that requires confirmatory test; (qq) Trading transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, e-mail, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of the Act; (rr) Use any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, any of the dangerous drugs. ARTICLE II

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Unlawful Acts and Penalties SECTION 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall import any controlled precursor and essential chemical. The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized under the Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and canceled. The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages, or acts as a financier of any of the illegal activities prescribed in this Section. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a protector/coddler of any violator of the provisions under this Section. SECTION 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless
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authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions. If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled precursor and essential chemical transpires within one hundred (100) meters from the school, the maximum penalty shall be imposed in every case. For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemicals trade, the maximum penalty shall be imposed in every case. If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim thereof, the maximum penalty provided for under this Section shall be imposed. The maximum penalty provided for under this Section, shall be imposed upon any person who organizes, manages or acts as a financier of any of the illegal activities prescribed in this Section. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a protector/coddler of any violator of the provisions under this Section. SECTION 6. Maintenance of a Den, Dive or Resort. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential chemical is used or sold in any form. The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a place.

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Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort, the penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos (P15,000,000.00) shall be imposed on the maintainer, owner and/or operator. If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government: Provided, that the criminal complaint shall specifically allege that such place is intentionally used in the furtherance of the crime; Provided, further, that the prosecution shall prove such intent on the part of the owner to use the property for such purpose, Provided, finally, that the owner shall be included as an accused in the criminal complaint. The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a financier of any of the illegal activities prescribed in this Section. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a protector/coddler of any violator of the provisions under this Section. SECTION 7. Employees and Visitors of a Den, Dive or Resort. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon: (a) Any employee of den, dive or resort, who is aware of the nature of the place as such; and (b) Any person who, not being included in the provisions of the next preceding paragraph, is aware of the nature of the place as such and shall knowingly visit the same. SECTION 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who unless authorized by law, shall engage in the manufacture of any dangerous drug. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who unless authorized by law, shall manufacture any controlled precursor and essential chemical.

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The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or established under the following circumstances: (a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s; (b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or school premises; (c) Any clandestine laboratory was secured or protected with booby traps; (d) Any clandestine laboratory was concealed with legitimate business operations; or (e) Any employment of a practitioner, chemical engineer, public official or foreigner. The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a financier of any of the illegal activities prescribed in this Section. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a protector/coddler of any violator of the provisions under this Section. SECTION 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who unless authorized by law, shall illegally divert any controlled precursor and essential chemical. SECTION 10. Manufacture or Delivery of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any
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dangerous drug and/or controlled precursor and essential chemical in violation of the Act. The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of the Act. The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or a mentally incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for dangerous drugs. SECTION 11. Possession of Dangerous Drugs. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000.000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof: chanroblespublishingcompany (a) 10 grams or more of opium; (b) 10 grams or more of morphine; (c) 10 grams or more of heroin; (d) 10 grams or more of cocaine or cocaine hydrochloride; (e) 50 grams or more of methamphetamine hydrochloride or shabu; (f) 10 grams or more of marijuana resin or marijuana resin oil; (g) 500 grams or more of marijuana; and (h) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDMA) or ecstasy, paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and their derivatives without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance with Section 93, Article XI of the Act. Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:

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(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or shabu is ten (10) grams or more but less than fifty (50) grams: (2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000,00), if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or shabu, o r other dangerous drugs such as, but not limited to, MDMA or ecstasy, PMA, TMA, LSD, GHBs and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or three hundred (300) grams or more but less than five hundred (500) grams of marijuana; and (3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or shabu, or other dangerous drugs such as, but not limited to, MDMA or ecstasy, PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana. SECTION 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: Provided, that in the case of medical practitioners and various professionals who are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof. The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 of the Act.
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SECTION 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. Any person found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of the Act, regardless of the quantity and purity of such dangerous drugs. The phrase company of at least two (2) persons shall mean the accused or suspect plus at least two (2) others, who may or may not be in possession of any dangerous drug. SECTION 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings. The maximum penalty provided for in Section 12 of the Act shall be imposed upon any person, who shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons. The phrase company of at least two (2) persons shall mean the accused or suspect plus at least two (2) others, who may or may not be in possession of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs. SECTION 15. Use of Dangerous Drugs. A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense, subject to the provision of Article VIII of the Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, that this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of the Act, in which case the provisions stated therein shall apply. SECTION 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million peso (P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived: Provided, that in the case of medical laboratories and medical research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of such
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dangerous drugs for medical experiments and research purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper cultivation, culture, handling, experimentation and disposal of such plants and materials. The land or portions thereof and/or greenhouses on which any of said plant is cultivated or cultured shall be confiscated and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such cultivation or culture despite the exercise of due diligence on his/her part. If the land involved is part of the public domain, the maximum penalty provided for under this Section shall be imposed upon, the offender. The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a financier of any of the illegal activities prescribed in this Section. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a protector/coddler of any violator of the provisions under this Section. SECTION 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. The penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40 of the Act. An additional penalty shall be imposed through the revocation of the license to practice his/her profession, in case of a practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or retailer. SECTION 18. Unnecessary Prescription of Dangerous Drugs. The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her license to practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to any person whose physical or physiological condition does not require its use or in the dosage prescribed therein, as determined by the Board in consultation with recognized competent experts who are authorized representatives of professional organizations of practitioners, particularly those who are involved in the care of persons with severe pain.

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SECTION 19. Unlawful Prescription of Dangerous Drugs. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. SECTION 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. Every penalty imposed for the unlawful importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of any dangerous drug and/or controlled precursor and essential chemical, the cultivation or culture of plants which are sources of dangerous drugs, and the possession of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs including other laboratory equipment, shall carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the unlawful act, including, but not limited to, money and other assets obtained thereby, and the instruments or tools with which the particular unlawful act was committed, unless they are the property of a third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of the Act. After conviction in the Regional Trial Court in the appropriate criminal case filed, the court shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either owned or held by him or in the name of some other persons if the same shall be found to be manifestly out of proportion to his/her lawful income: Provided, however, that if the forfeited property is a vehicle, the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture. During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same. The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance of the property pending disposition, as well as expenses for publication and court costs. The proceeds in excess of the above expenses shall accrue to the Board to be used in its campaign against illegal drugs. SECTION 21. Custody and Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
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Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precurses and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated and/or surrendered, for proper disposition in the following manner: (a) The apprehending officer/team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further, that non-compliance with these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items; (b) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination; (c) A certification of the forensic laboratory examination results, which shall be done under oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject item/s: Provided, that when the volume of the dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, that a final certification shall be issued on the completed forensic laboratory examination on the same chanroblespublishingcompany within the next twenty-four (24) hours;

(d) After the filing of the criminal case, the court shall, within seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall, within twenty-four (24) hours thereafter, proceed with the destruction or burning of the same, in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel,
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a representative from the media and the DOJ, civil society groups and any elected public official. The Board shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender: Provided, that those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes; Provided, further, that a representative sample, duly weighed and recorded is retained; (e) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which, together with the representative sample/s in the custody of the PDEA, shall be submitted to the court having jurisdiction over the case. In cases of seizures where no person is apprehended and no criminal case is filed, the PDEA may order the immediate destruction or burning of seized dangerous drugs and controlled precursors and essential chemicals under guidelines set by the Board. In all instances, the representative sample/s shall be kept to a minimum quantity as determined by the Board; (f) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the above proceedings and his/her presence shall not constitute an admission of guilt. In case the said offender or accused refuses or fails to appoint a representative after due notice in writing to the accused or his/her counsel within seventy-two (72) hours before the actual burning or destruction of the evidence in question, the Secretary of Justice shall appoint a member of the public attorneys office to represent the former; (g) After the promulgation and judgment in the criminal case wherein the representative sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of the final termination of the case and, in turn, shall request the court for leave to turn over the said representative sample/s to the PDEA for proper disposition and destruction within twenty-four (24) hours from receipt of the same; and (h) Transitory Provision: h.1) Within twenty-four (24) hours from the effectivity of the Act, dangerous drugs defined herein which are presently in possession of law enforcement agencies shall, with leave of court, be burned or destroyed, in the presence of representatives of the court, DOJ, Department of Health (DOH) and the accused and/or his/her counsel; and h.2) Pending the organization of the PDEA, the custody, disposition, and burning or destruction of seized/surrendered dangerous drugs provided under this Section shall be implemented by the DOH. In the meantime that the PDEA has no forensic laboratories and/or evidence rooms, as well as the necessary personnel of its own in any area of its jurisdiction, the existing
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National Bureau of Investigation (NBI) and Philippine National Police (PNP) forensic laboratories shall continue to examine or conduct screening and confirmatory test on the seized/surrendered evidence whether these be dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments paraphernalia and/or laboratory equipment; and the NBI and the PNP shall continue to have custody of such evidence for use in court and until disposed of, burned or destroyed in accordance with the foregoing rules: Provided, that pending appointment/designation of the full complement of the representatives from the media, DOJ, or elected public official, the inventory of the said evidence shall continue to be conducted by the arresting NBI and PNP operatives under their existing procedures unless otherwise directed in writing by the DOH or PDEA, as the case may be. SECTION 22. Grant of Compensation, Reward and Award. Compensation, reward and award shall, upon the recommendation of the Board, be granted to any person providing information and to law enforcers participating in the operation, which results in the successful confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, subject to the compensation, reward and award system promulgated by the Board. SECTION 23. Plea-Bargaining Provision. Any person charged under any provision of the Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. SECTION 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. Any person convicted of drug trafficking or pushing under the Act, regardless of the penalty imposed by the court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended. SECTION 25. Qualifying Aggravating Circumstances In the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable. Positive finding refers to the result of confirmatory test. SECTION 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same provided under the Act: (a) Importation of any dangerous drug and/or controlled precursor and essential chemical;

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(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical; (c) Maintenance of a den, dive or resort where any dangerous drug is used in any form; (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and (e) Cultivation or culture of plants which are sources of dangerous drugs. SECTION 27. Criminal Liability of a Public Officer or Employee for Misappropriation; Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in the Act. Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in the Act, or have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in the Act, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including government-owned or -controlled corporations. SECTION 28. Criminal Liability of Government Officials and Employees. The maximum penalties of the unlawful acts provided for in the Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees. SECTION 29. Criminal Liability for Planting of Evidence. Any person who is found guilty of planting any dangerous drug and/or controlled precursor and essential c hemical, regardless of quantity and purity, shall suffer the penalty of death.

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SECTION 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. In case any violation of the Act is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal. The penalty provided for the offense under the Act shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated. SECTION 31. Additional Penalty If Offender is an Alien. In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of the Act shall, after service of sentence, be deported immediately without further proceedings, unless the penalty is death. SECTION 32. Liability of a Person Violating Any Regulation Issued by the Board. The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board pursuant to the Act, in addition to the administrative sanctions imposed by the Board. SECTION 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15 and 19, Article II of the Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13 and 16; Article II of the Act, as well as any commission of the offenses mentioned if or committed by a drug syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such person as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information and testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution: Provided, that the following conditions concur: (a) The information and testimony are necessary for the conviction of the persons described above; (b) Such information and testimony are not yet in the possession of the State;
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(c) Such information and testimony can be corroborated on its material points; (d) The informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and (e) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. Provided, further, that this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given; Provided, finally, that there is no direct evidence available for the State except for the information and testimony of the said informant or witness. SECTION 34. Termination of the Grant of Immunity. The immunity granted to the informant or witness, as prescribed in Section 33 of the Act, shall not attach should it turn out subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under the Act or any other law, decree or order shall be deemed terminated. In case an informant or witness under the Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the enjoyment of all rights and benefits previously accorded him under the Act or in any other law, decree or order shall be deemed terminated. In case the informant or witness referred to under the Act falls under the applicability of this Section hereof, such individual cannot avail of the provisions under Article VIII of the Act. SECTION 35. Accessory Penalties. A person convicted under the Act shall be disqualified to exercise his/her civil rights such as, but not limited to, the rights of parental authority or guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as, but not limited to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction.
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ARTICLE III Dangerous Drugs Test and Record Requirements SECTION 36. Authorized Drug Testing. Authorized drug testing shall be done by any government forensic laboratory or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results. The DOH shall take steps in setting the price of the drug test with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall employ, among others, two (2) testing methods, the screening test which will determine the positive result as well as the type of the drug used and the confirmatory test which will confirm a positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a one-year period from the date of issue which may be used for other purposes. The following shall undergo drug testing: (a) Applicants for drivers license. No drivers license shall be issued or renewed to any person unless he/she presents a certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the use of dangerous drugs: Provided, that the Land Transportation Office shall see to it that no drivers license is issued without a drug test certificate indicating that the applicant is drug-free; Provided, further, that all drug testing expenses will be borne by these licensees; (b) Applicants for firearms license and for permit to carry firearms outside of residence. All applicants for firearms license and permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are free from the use of dangerous drugs: Provided, that all persons who by the nature of their profession carry firearms shall undergo drug testing; Provided, further, that the Philippine National Police shall ensure that no firearms license or permit is issued without a drug test certificate indicating that the applicant is drug-free; Provided, finally, that all drug testing expenses will be borne by said licensees and permittees; (c) Students of tertiary and secondary schools. Students of tertiary and secondary schools shall, pursuant to the related rules and regulations as contained in the schools student handbook and with notice to the parents, undergo a random drug testing: Provided, that all drug testing expenses whether in public or private schools under this Section will be borne by the government; Provided, further, that the Department of Education and the Commission on Higher Education, as the case may be, shall see to it that this provision is implemented; (d) Officers and employees of public and private offices. Officers and employees of public and private offices, whether domestic or overseas, shall undergo a random drug test as contained in the companys work rules and regulations, which shall be borne by
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the employer, for purposes of reducing the risk in the workplace. Any officer or employee, found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law: Provided, that the Department of Labor and Employment and the Civil Service Commission, as the case may be, shall see to it that this provision is implemented; (e) Officers and members of the military, police and other law enforcement agencies. Officers and members of the military, police and other law enforcement agencies shall undergo an annual mandatory drug test: Provided, that the respective heads of these agencies shall see to it that this provision is implemented; (f) All persons charged before the prosecutors office with a criminal offense having an imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have to undergo a mandatory drug test: Provided, that the National Prosecution Office shall see to it that this provision is implemented by requiring the apprehending unit to have the persons charged drug-tested; Provided, further, that all drug testing expenditures will be borne by the government, subject to the guidelines to be issued by the Board; and (g) All candidates for public office whether appointed or elected both in the national or local government shall undergo mandatory drug test: Provided, that the Commission on Elections and the Civil Service Commission, as the case may be, shall see to it that this provision is implemented; Provided, further, that the concerned candidates will bear all the drug testing expenditures. In addition to the above stated penalties in this Section, those found to be positive for dangerous drug use shall be subject to the provisions of Section 15 of the Act. The DOH shall be the sole drug-testing licensing/accrediting body of the government to the exclusion of all other agencies. It shall be responsible for setting the standards and guidelines of operations of these facilities, as well as the monitoring of the implementations thereof. SECTION 37. Issuance of False or Fraudulent Drug Test Results. Any person authorized, licensed or accredited under the Act and its implementing rules and to conduct drug examination or test, who issues false or fraudulent drug test results knowingly, willfully or through gross negligence, shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).

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An additional penalty shall be imposed through the revocation of the license to practice his/her profession in case of a practitioner; and the closure of the drug testing center. SECTION 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. Subject to Section 15 of the Act, any person apprehended or arrested for violating the provisions of the Act shall be subjected to screening laboratory examination or test within twenty-four (24) hours; if the apprehending or arresting officer has reasonable ground to believe that the person apprehended or arrested, on account of physical signs or symptoms or other visible or outward manifestation, is under the influence of dangerous drugs. If found to be positive, the results of the screening laboratory examination or test shall be challenged within fifteen (15) days after receipt of the result through a confirmatory test conducted in any accredited analytical laboratory equipped with a gas chromatograph/mass spectrometry equipment or some such modern and accepted method, and if confirmed, the same shall be prima facie evidence that such person has used dangerous drugs, which is without prejudice for the prosecution for other violations of the provisions of the Act: Provided, that a positive screening laboratory test must be confirmed for it to be valid in court of law. SECTION 39. Accreditation of Drug Testing Centers and Physicians. The DOH shall be tasked to license and accredit drug testing centers in each province and city in order to assure their capacity, competence, integrity and stability, to conduct the laboratory examinations and tests provided in this Article, and appoint such technical and other personnel as may be necessary for the effective implementation of this provision. The DOH shall also accredit physicians who shall conduct the drug dependency examination of a drug dependent, as well as the after-care and follow-up program for the said drug dependent. There shall be a control regulations, licensing and accreditation division under the supervision of the DOH for this purpose. For this purpose, the DOH shall establish, operate and maintain drug testing centers in government hospitals, which must be provided at least with basic technologically advanced equipment and materials, in order to conduct the laboratory examinations and tests herein provided, and appoint such qualified and duly trained technical and other personnel as may be necessary for the effective implementation of this provision. The DOH, in coordination with the DDB, shall issue Orders, Memoranda or Circulars providing for the implementing guidelines and specific technical requirements related to licensing and accreditation. SECTION 40. Records Required for Transactions on Dangerous Drugs and Precursors and Essential Chemicals. (a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals shall maintain and keep an original record of sales, purchases,

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acquisitions and deliveries of dangerous drugs, indicating therein the following information: (1) License number and address of the pharmacist; (2) Name, address and license of the manufacturer, importer or wholesaler from whom the dangerous drugs have been purchased; (3) Quantity and name of the dangerous drugs purchased or acquired; (4) Date of acquisition or purchase; (5) Name, address and community tax certificate number of the buyer; (6) Serial number of the prescription and the name of the physician, dentist, veterinarian or practitioner issuing the same; (7) Quantity and name of the dangerous drugs sold or delivered; and (8) Date of sale or delivery. A certified true copy of such record covering a period of six (6) months, duly signed by the pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board within fifteen (15) days following the last day of June and December of each year, with a copy thereof furnished the city or municipal health officer concerned. (b) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall issue the prescription therefor in one (1) original and two (2) duplicate copies. The original, after the prescription has been filled, shall be retained by the pharmacist for a period of one (1) year from the date of sale or delivery of such drug. One (1) copy shall be retained by the buyer or by the person to whom the drug is delivered until such drug is consumed, while the second copy shall be retained by the person issuing the prescription. For purposes of the Act, all prescriptions issued by physicians, dentists, veterinarians or practitioners shall be written on forms exclusively issued by and obtainable from the DOH. Such forms shall be made of a special kind of paper and shall be distributed in such quantities and contain such information and other data as the DOH may, by rules and regulations, require. Such forms shall only be issued by the DOH through its authorized employees to licensed physicians, dentists, veterinarians and practitioners in such quantities as the Board may authorize. In emergency cases, however, as the Board may specify in the public interest, a prescription need not be accomplished on such forms. The prescribing physicians, dentists, veterinarians or practitioner shall, within
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three (3) days after issuing such prescription, inform the DOH of the same in writing. No prescription once served by the drugstore or pharmacy be reused nor any prescription once issued be refilled. (c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs and/or controlled precursors and essential chemicals shall keep a record of all inventories, sales, purchases, acquisitions and deliveries of the same as well as the names, addresses and licenses of the persons from whom such items were purchased or acquired or to whom such items were sold or delivered, the name and quantity of the same and the date of the transactions. Such records may be subjected anytime for review by the Board. ARTICLE IV Participation of the Family, Students, Teachers and School Authorities in the Enforcement of the Act SECTION 41. Involvement of the Family. The family being the basic unit of the Filipino society shall be primarily responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs and close monitoring of family members who may be susceptible to drug abuse. (a) The Family. The family, particularly the parents, shall be primarily responsible for promoting and strengthening the economic, physical, social, emotional/psychological and spiritual well-being of each member in order to develop it into a healthy, strong and stable one. (b) Family Solidarity. Family solidarity shall be promoted through family rituals such as praying together and reunions, family hour for sharing experiences, hobbies and other family life enrichment activities to enhance cohesiveness, bonding and harmonious relationships among its members. (c) Family Drug Abuse Prevention Program. The family is the best defense against drug abuse. Therefore, the prevention of drug abuse shall start within the family. c.1) The Family Drug Abuse Prevention Program is a community-based program of preparing families to protect their members against the adverse effects of drug abuse. c.2) The objectives of the program are as follows: c.2.1) To raise awareness and educate families on the ill effects of drug abuse;

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c.2.2) To equip the families with parenting and life skills towards a drug-free home; and c.2.3) To organize and mobilize families to consolidate efforts in support of the program and of families at risk. chanroblespublishingcompany c.3) The program shall adopt the following components among others: c.3.1) Advocacy and Information Education on Drug Abuse c.3.1.1) Integrate modules on drug prevention in existing parent education and family life programs and services; c.3.2) Capability Building of Parents and Youth on the Prevention of Dangerous Drugs c.3.2.1) Conduct capability-building programs for families, community leaders and service providers on health, socio-cultural, psychological, legal and economic dimensions and implications of the drug problem; c.3.2.2) Conduct life skills and leadership training, peer counseling and values education towards the promotion of a positive lifestyle. c.3.3) Social Mobilization c.3.3.1) Organize and promote family councils as advocates of drug abuse prevention; c.3.3.2)Organize family peer support groups to strengthen coping capability of families in handling drug-related problems and issues. c.3.4) Networking and Alliance Building c.3.4.1) Network and build alliance with agencies/institutions handling drug abuse cases. anti-drug abuse councils, and

(d) Adoption of the Program. The Program shall be adopted by the national government agencies (NGAs), local government units (LGUs), non-government organizations (NGOs) and other concerned entities. chanroblespublishingcompany (e) Monitoring and Evaluation. The Program shall be monitored and evaluated by the DSWD for enrichment. SECTION 42. Student Councils and Campus Organizations. All elementary, secondary and tertiary schools student councils and campus organizations shall include in their activities a program for the prevention of and deterrence in the use of dangerous drugs,

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and referral for treatment and rehabilitation of students for drug dependence. chanroblespublishingcompany The student governments/councils and legitimate school organizations of all private and public schools shall: (a) include dangerous drug abuse awareness and prevention in the objectives, programs and projects provided for in their respective Constitution and By-Laws; (b) have detailed plans of action of their projects duly approved, with the implementation of the same, monitored and evaluated by the school heads/teacheradvisers; (c) participate actively in drug abuse prevention programs and training activities initiated by government organizations (GOs) and non-government organizations (NGOs) in the community; as part of their extension services/co-curricular activities; (d) implement programs/projects focused on, but not limited to, information campaigns, peer counseling, life skills and leadership trainings; and (e) coordinate with the school administration relative to the treatment and rehabilitation of students with drug-related problems. SECTION 43. School Curricula. Instruction on drug abuse prevention and control shall be integrated in the elementary, secondary and tertiary curricula of all public and private schools, whether general, technical, vocational or agro-industrial as well as in non-formal, informal and indigenous learning systems. Such instructions shall include: (a) Adverse effects of the abuse and misuse of dangerous drugs on the person the family, the school and the community; (b) Preventive measures against drug abuse; (c) Health, socio-cultural, psychological, legal and economic dimensions and implications of the drug problem; (d) Steps to take when intervention on behalf of a drug dependent is needed, as well as the services available for the treatment and rehabilitation of drug dependents; and (e) Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and safety of dangerous drugs for medical and therapeutic use as well as the

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differentiation between medical patients and drug dependents in order to avoid confusion and accidental stigmatization in the consciousness of the students. The Department of Education (DepEd) shall: (1) integrate drug abuse prevention concepts into such subjects as, but not limited to, Science and Health and Makabayan at the elementary level, and Science and Technology and Makabayan at the secondary level; chanroblespublishingcompany (2) integrate such concepts in the Non-Formal Education Program, particularly functional education and literacy, continuing education and values education; (3) continuously develop, update and adopt learning packages to support the existing drug education concepts/contents in the textbooks and other instructional materials; (4) support the National Drug Education Program (NDEP), with the school head fully responsible for its effective implementation; and (5) mobilize the school health and nutrition personnel to supplement and complement classroom instruction by communicating drug abuse prevention messages to the students, teachers and parents. The Commission on Higher Education (CHED) shall continue to enrich and update the integration of dangerous drug prevention concerns, in the general education components of all higher education course offerings, as well as in the professional subjects particularly that of Health-related, other Science and Teacher Education courses. The Technical Education and Skills Development Authority (TESDA) shall: (1) integrate drug abuse prevention concepts in the technical, vocational and agroindustrial courses; and (2) include such concepts in appropriate instructional materials for technical education and skills development. The DepEd, CHED and TESDA shall: (1) provide a continuing in-service training of teachers on the effective utilization of the support instructional materials and on teaching strategies on drug education; (2) continuously monitor and evaluate the effectiveness of the overall impact of the dangerous drug abuse prevention program through their respective regional/field offices;
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(3) secure funds from local and foreign donor agencies for the implementation of the drug education program whenever possible; (4) enlist the assistance of any government agency or instrumentality to carry out the objectives of the education program; and (5) include the pertinent provisions of the Act as one of the major topics of drug education in appropriate courses. SECTION 44. Heads, Supervisors, and Teachers of Schools. For the purpose of enforcing the provisions of Article II of the Act, all school heads, supervisors and teachers shall be deemed persons in authority and, as such, are hereby empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall violate any of the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers. Any teacher or school employee, who discovers or finds that any person in the school or within its immediate vicinity is liable for violating any of said provisions, shall have the duty to report the same to the school head or immediate superior who shall, in turn, report the matter to the proper authorities. Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after due hearing, constitute sufficient cause for disciplinary action by the school authorities. a) The school heads, supervisors and teachers: a.1) shall effect the arrest of any person violating Article II of the Act inside the school campus and/or within its immediate vicinity or in other places as provided for in Section 44 of the Act, and turn over the investigation of the case to the PDEA; a.2) may summon the services of other law enforcement agencies to arrest or cause the apprehension or arrest of persons violating Article II of the Act; a.3) shall be trained on arrest and other legal procedures relative to the conduct of arrest of violators of the Act along with student leaders and Parents Teachers Association (PTA) officials; and a.4) shall refer the students or any other violators found to be using dangerous drugs to the proper agency/office.
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(b) A Special Unit or Task Force from existing school personnel, student leaders and PTA officials shall be organized in every school and trained to assist in the apprehension or arrest of violators of Article II of the Act within their areas of jurisdiction. (c) Appropriate protection of the concerned school officials shall be put in place to ensure personal security and peace of mind among them, such as free legal assistance, police protection and any other assistance as may be deemed necessary. SECTION 45. Publication and Distribution of Materials on Dangerous Drugs. With the assistance of the Board, the Secretary of the Department of Education (DepEd), the Chairperson of the Commission on Higher Education (CHED), and the Director-General of the Technical Education and Skills Development Authority (TESDA) shall cause the development, publication and distribution of information and support educational materials on dangerous drugs to the students, the faculty, the parents and the community. (a) DepEd, CHED and TESDA shall develop and provide adequate information materials on dangerous drug abuse and prevention; (b) An Evaluation Committee composed of DepEd, CHED, TESDA, DOH and DDB shall be organized, the main task of which, is to determine the appropriateness of all instructional and information materials to be used in schools; and (c) DepEd, CHED and TESDA shall include drug abuse prevention and control activities in their Manual of Regulations/Service Manual. Schools, colleges and universities shall include information/guidelines on drug abuse prevention and control in the Students Handbook/Gabay sa Mag-aaral and school publications/official organs. SECTION 46. Special Drug Education Center. With the assistance of the Board, the Department of Interior and Local Government (DILG), the National Youth Commission (NYC), and the Department of Social Welfare and Development (DSWD) shall establish in each of its provincial office a special drug education center for out-of-school youth and street children. Such Center which shall be headed by the Provincial Social Welfare Development Officer shall sponsor drug prevention programs and activities and information campaigns with the end in view of educating the out-of-school youth and street children regarding the pernicious effects of drug abuse. The programs initiated by the Center shall likewise be adopted in all public and private orphanage and existing special centers for street children. (a) The Establishment of Special Drug Education Center (SDEC) a.1) A Special Drug Education Center for out-of-school youth and street children shall be established in every province to be headed by a Provincial Social Welfare Development

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Officer (PSWDO). The concerned Provincial Government shall establish and maintain the center with the assistance of the Board, the DILG, the NYC and the DSWD. The SDEC in the province may serve the out-of-school youth and children in the component cities and municipalities within its geographical coverage. However, highly urbanized and non-component cities shall be encouraged to establish their own SDECS to carry out an effective drug education prevention program. a.2) The SDEC may be established through any of the following manner: a.2.1) As part of existing facilities of any government organization (GO), nongovernment organization (NGO), civic, labor or religious organization, or the private sector; or a.2.2) As a new center constructed through government funds, donations, grants and the like. a.3) The Provincial Government shall provide the personnel, supplies, equipment and others as it may deem necessary to carry out the effective implementation of a preventive drug education program. The Board, DILG, NYC and DSWD shall provide support in the operation of the SDEC. (b) Functions of the SDEC. It shall exercise the following: b.1) Develop and implement drug abuse prevention programs such as community information and education activities on the ill effects of drug abuse, literacy programs, skills and livelihood activities, among others, for out-of-school youth, street children and their parents; b.2) Conduct life skills and leadership training, peer counseling and values education towards the promotion of a positive lifestyle; b.3) Advocate local legislations, policies and programs, as well as generate resources to support the SDEC; b.4) Maintain a databank on out-of-school youth, street children and young drug dependents; and b.5) Establish linkages with anti-drug abuse councils, youth-serving agencies, youth organizations, rehabilitation centers, after-care facilities and other networks to ensure coordinated efforts in the prevention of drug abuse; (c) Roles and Responsibilities of DILG, NYC and DSWD. The following agencies shall have their respective roles and responsibilities:
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c.1) The Dangerous Drugs Board (DDB) c.1.1) Develop a national prevention program, in cooperation with the DILG, NYC and DSWD, designed for out-of-school youth and street children. c.1.2) Require the SDECs to submit periodic reports on their activities pertaining to said program. c.2) Department of Interior and Local Government (DILG) c.2.1) Assist and monitor the Provincial Government in order to ensure the establishment of the SDEC; c.2.2) Provide technical assistance on the operation and management of the SDEC; c.2.3) Establish linkages with local, national and international agencies for technical and financial support to the SDEC; and c.2.4) Monitor and ensure the submission of SDEC reports to the Board. c.3.) National Youth Commission c.3.1) Conduct life skills training to the out-of-school youth, street children and young drug dependents; and c.3.2) Provide access to existing programs/services of NYC , such as, but not limited to, Ship for Southeast Asian Youth Program, Youth Entrepreneurship Program, and National Youth Parliament and Government Internship Program. c.4) Department of Social Welfare and Development (DSWD) c.4.1) Provide technical assistance in the development of a drug abuse prevention program; c.4.2) Undertake training/capability building activities for center staff; c.4.3) Develop standards for the SDEC; and c.4.4) Accredit SDEC and monitor its compliance with set standards. (d) Programs of the SDEC. The programs of the SDEC shall be accredited by the DSWD and be adopted in all private and public orphanages/child caring agencies and existing special centers whenever applicable.

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(e) Appropriations. The funds for the establishment and maintenance of the SDEC shall be sourced out from the following: e.1) Annual budget of the Local Social Welfare and Development Office; e.2) Development funds of the LGU subject to the approval of the Sangguniang Panlalawigan; and e.3) Other sources, such as, but not limited to, share from the Philippine Amusement and Gaming Corporation (PAGCOR) and gaming and amusement centers. ARTICLE V Promotion of a National Drug-Free Workplace Program with the Participation of Private and Labor Sectors and the Department of Labor and Employment SECTION 47. Drug-Free Workplace. It is deemed a policy of the State to promote drug-free workplaces using a tripartite approach. With the assistance of the Board, the Department of Labor and Employment (DOLE) shall develop, promote and implement a national drug abuse prevention program in the workplace to be adopted by private companies with ten (10) or more employees. Such program shall include the mandatory drafting and adoption of company policies against drug use in the workplace in close consultation and coordination with the DOLE, labor and employer organizations, human resource development managers and other such private sector organizations. (a) A National Drug-Free Workplace Abuse Prevention Program shall be formulated by a tripartite Task Force composed of representatives from the DOLE, workers and employers groups. It shall be supported by the Board, other concerned government. organizations (GOs), and non-government organizations (NGOs). (b) The Secretary of the DOLE shall issue a Department Order creating a Task Force consisting of tripartite and other agencies to formulate policies and strategies for the purpose of developing a National Action Agenda on drug abuse prevention in the workplace. Pursuant to the declared policy of the State and the national workplace policy, the DOLE shall issue a Department Order (DO) requiring all private companies to adopt and implement drug abuse prevention programs in the workplace, including the formulation of company policies. (c) Pursuant to the functions of the Board under Section 81 (a) of the Act, the existing Civil Service rules and policies needed to respond to drug abuse in the public sector shall be adopted. SECTION 48. Guidelines for the National Drug-Free Workplace Program. The Board and the DOLE shall formulate the necessary guidelines for the implementation of the
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national drug-free workplace program. The amount necessary for the implementation of which shall be included in the annual General Appropriations Act. The Task Force shall develop a comprehensive National Drug-Free Workplace Program in accordance with the following guidelines: (a) All private sector organizations with ten (10) or more personnel shall implement a drug abuse prevention program. a.1) The workplace program shall include advocacy and capability building and other preventive strategies including but not limited to: company policies, training of supervisors/managers, employee education, random drug testing, employee assistance program and monitoring and evaluation. a.2) The workplace program shall be integrated in the safety and health programs. (b) DOLE and labor and employers groups shall also encourage drug-free policies and programs for private companies with nine (9) workers or less. (c) Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article 282 of Book VI of the Labor Code. (d) Private sector organizations may extend the drug education program to the employees/personnel and immediate families to contribute in the promotion of a healthy drug-free family, community and society. (e) All private sector organizations shall display in a conspicuous place a billboard or streamer with a standard message of THIS IS A DRUG-FREE WORKPLACE: LETS KEEP IT THIS WAY! or such other messages of similar import.

ARTICLE VI Participation of the Private and Labor Sectors in the Enforcement of the Act SECTION 49. Labor Organizations and the Private Sector. All labor unions, federations, associations; or organizations in cooperation with the respective private sector partners shall include in their collective bargaining or any similar agreements, joint continuing programs and information campaigns for the laborers similar to the programs provided under Section 47 of the Act with the end in view of achieving a drug-free workplace.
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It shall be required that the workplace drug abuse prevention policies and programs be included as part of the Collective Bargaining Agreement (CBA). SECTION 50. Government Assistance. The labor sector and the respective partners may, in pursuit of the programs mentioned in the preceding Section, secure the technical assistance, such as, but not limited to, seminars and information dissemination campaigns of the appropriate government and law enforcement agencies. (a) The DOLE, DDB, and PDEA and other government agencies shall provide technical assistance in planning, developing, monitoring and evaluating drug abuse prevention programs, including a referral system for treatment and rehabilitation, in the labor sector both private and public. (b) Workplace drug abuse prevention programs shall be included in existing advocacy and capability building programs of the government. (c) The labor inspection arm of the DOLE shall develop an appropriate inspection form to be integrated in the on-going general labor standards inspection. (d) The information and dissemination of pertinent provisions of the Act and the IRR shall be included in the agenda of the advisory visits of the labor enforcement advisory team. ARTICLE VII Participation of Local Government Units SECTION 51. Local Government Units Assistance. The LGUs shall appropriate a substantial portion of their respective annual budgets to assist in or enhance the enforcement of the Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents. (a) Consistent with the principles of local autonomy, the local sanggunians shall appropriate substantial funds from their annual budgets to be utilized in assisting or enhancing the enforcement of the Act, giving priority to educational programs on drug abuse prevention and control and rehabilitation and treatment of drug dependents, such amount to be determined by the sanggunian concerned based on the perceived need of the locality. (b) As used in this Section, perceived need may cover such factors as, but not limited to, the following: b.1) Considerable increase in the number of drug dependents in the area;
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b.2) The rise in drug-related crime incidents as certified to by the local PNP and/or PDEA; and b.3) The need for preventive and advocacy initiatives. SECTION 52. Abatement of Drug Related Public Nuisances. Any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs, or used as drug dens for pot sessions and other similar activities, may be declared to be a public nuisance, and such nuisance may be abated, pursuant to the following procedures: (a) Any city or municipality may, by ordinance, create an administrative board to hear complaints regarding the nuisances, to be composed of the following: a.1) City/Municipal Health Officer as chairperson; a.2) City/Municipal Legal Officer as member, provided that in cities/municipalities with no Legal Officer, the City/Municipal Administrator shall act as member; and a.3) The Local Chief of Police as member; (b) Any employee, officer, or resident of the city or municipality may bring a complaint before the administrative board after giving not less than three (3) days written notice of such complaint to the owner of the place or premises at his/her last known address; (c) Within three (3) days from receipt of the complaint, a hearing shall then be conducted by the administrative board, with notice to both parties, and the administrative board may consider any evidence submitted, including evidence of general reputation of the place or premises; (d) The owner/manager of the premises or place shall also be given an opportunity to resent any evidence in his/her defense; (e) After hearing, the administrative board may declare the place or premises to be a public nuisance; and (f) The hearing shall be terminated within ten (10) days from commencement. Subject to the limitation on personal services under the Local Government Code of 1991, the availability of funds and the existing Department of Budget and Management (DBM) Local Budget Circulars, the Sangguniang Bayan/Panlungsod may grant reasonable honoraria to the chairperson and members of the administrative board.
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SECTION 53. Effect of the Administrative Board Declaration. If the administrative board declares a place or premises to be a public nuisance, it shall issue an order immediately prohibiting the conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. The city/municipal mayor shall implement the order of the administrative board and shall assume full responsibility in seeing to it that the order is immediately complied with. The order issued by the administrative board shall expire after one (1) year, or at such an earlier time as stated in the order. The administrative board may bring a complaint seeking a permanent injunction against any nuisance described under this IRR. The administrative board, upon showing that the place is no longer a public nuisance, may conduct hearing with the complainant duly notified, for the possible lifting of the order. The DDB shall issue guidelines on the proper implementation of the order of the administrative board in case the place or premises declared as a public nuisance is a residential house, without prejudice to the filing of criminal case against the owner of the house pursuant to Section 6 of the Act. This IRR does not restrict the right of any person to proceed under the Civil Code on public nuisance. Neither shall this restrict the power of the Sangguniang Bayan and Sangguniang Panlungsod per Section 447 [a] [4] [i] and Section 458 [a] [4] [i], respectively, of the Local Government Code, to declare or abate any nuisance. ARTICLE VIII Program for Treatment and Rehabilitation of Drug Dependents SECTION 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation. A drug dependent or any person who violates Section 15 of the Act may, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or its duly recognized representative, for treatment and rehabilitation of the drug dependency. Upon such application, the Board shall bring forth the matter to the court which shall order that the applicant be examined for drug dependency. If the examination by a DOHaccredited physician results in the issuance of a certification that the applicant is a drug. dependent, he/she shall be ordered by the court to undergo treatment and rehabilitation in a Center designated by the Board for a period of not less than six (6) months: Provided, that a drug dependent may be placed under the care of a DOHaccredited physician where there is no Center near or accessible to the residence of the drug dependent or where said drug dependent is below eighteen (18) years of age and is a first-time offender and non-confinement in a Center will not pose a serious danger to his/her family or community.
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Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year, after which time the court, as well as the Board, shall be apprised by the head of the treatment and rehabilitation center of the status of said drug dependent and determine whether further confinement will be for the welfare of the drug dependent and his/her family or the community. The DOH, in consultation with the DDB, shall provide standards and guidelines for the accreditation of the physicians. SECTION 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. A drug dependent under the voluntary submission program, who is finally discharged from confinement, shall be exempt from the criminal liability under Section 15 of the Act subject to the following conditions: (a) He/she has complied with the rules and regulations of the Center, the applicable rules and regulations of the Board, including the after-care and follow-up program for at least eighteen (18) months following temporary discharge from confinement in the Center or, in the case of a drug dependent placed under the care of the DOH-accredited physician, the after-care program and follow-up schedule formulated by the DSWD and approved by the Board: Provided, that capability-building of local government social workers shall be undertaken by the DSWD; (b) He/she has never been charged or convicted of any offense punishable under the Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as amended; or any special penal laws; (c) He/she has no record of escape from a Center: Provided, that had he/she escaped, he/she surrendered by himself/herself or through his/her parent; spouse, guardian or relative within the fourth degree of consanguinity or affinity, within one (1) week from the date of the said escape; and (d) He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption from criminal liability. SECTION 56. Temporary Release From the Center, After-Care and Follow-up Treatment Under the Voluntary Submission Program. Upon certification of the enter that the drug dependent within the voluntary submission program may be temporarily release the court shall order his/her release on condition that said drug dependent shall report to the DOH for after-care and follow-up treatment, including urine testing, for a period not exceeding eighteen (18) months under such terms and conditions that the court may impose. If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated, he/she may be discharged by the court, subject to the provisions of
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Section 55 of the Act, without prejudice to the outcome of any pending case filed in court. However, should the DOH find that during the initial after-care and follow-up program of eighteen (18) months, the drug dependent requires further treatment and rehabilitation in the Center, he/she shall be recommitted to the Center for confinement. Thereafter, he/she may again be certified for temporary release and ordered released for another after-care and follow-up program pursuant to this Section. The DOH shall formulate standards and guidelines, in consultation with the DDB, aftercare and follow-up, treatment wherein the following provisions, among others, shall be incorporated: (a) The DOH-accredited physician can recommend to the court the release of a drug dependent at least forty-five (45) days after initial admission to a facility; and (b) The physician should likewise prescribe a comprehensive after-care and follow-up program which the dependent should adhere to in order to complete at least eighteen (18) months, depending on the assessment and evaluation of the physician and subject to the approval of the court. SECTION 57. Probation and Community Service Under the Voluntary Submission Program. A drug dependent who is discharged as rehabilitated by the DOH-accredited Center through the voluntary submission program, but does not qualify for exemption from criminal liability under Section 55 of the Act, may be charged under the provisions of the Act, but shall be placed on probation and undergo community service in lieu of imprisonment and/or fine in the discretion of the court, without prejudice to the outcome of any pending case filed in court. Such drug dependent shall undergo community service as part of his/her after-care and follow-up program, which may be done in coordination with non-government, civic organizations accredited by the DSWD, with the recommendation of the Board. SECTION 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission Program. A drug dependent who is not rehabilitated after the second commitment to the Center under the voluntary submission program, shall, upon recommendation of the Board, be charged with violation of Section 15 of the Act and prosecuted like any other offender. If convicted, he/she shall be credited for the period of confinement and rehabilitation in the Center in the service of his/her sentence. SECTION 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program. Should a drug dependent under the voluntary submission program escape from the Center, he/she may submit himself/herself for
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recommitment within one (1) week therefrom, or his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within said period, surrender him for recommitment, in which case the corresponding order shall be issued by the Board. Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board shall apply to the court for a recommitment order. Upon proof of previous commitment or his/her voluntary submission by the Board, the court may issue an order for recommitment within one (1) week. If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she shall be charged with violation of Section 15 of the Act and be subjected under Section 61 of the Act, either upon order of the Board or upon order of the court, as the case may be. SECTION 60. Confidentiality of Records Under the Voluntary Submission Program. Judicial and medical records of drug dependents under the voluntary submission program shall be confidential and shall not be used against him/her for any purpose, except to determine how many times, by himself/herself or through his/her parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity, he/she voluntarily submitted himself/herself for confinement, treatment and rehabilitation or has been committed to a Center under this program. However, where the drug dependent is not exempt from criminal liability under Section 55 of the Act, or when he/she is not rehabilitated under the voluntary submission program, or when he/she escapes again from confinement after recommitment, the records mentioned in the immediately preceding provisions, which are necessary of his/her conviction, may be utilized as evidence in court against him/her. SECTION 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program. Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representatives, be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose. A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with the Regional Trial Court of the province or city where such person is found. After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge of him/her.

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If, after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two (2) physicians accredited by the Board. If both physicians conclude that the respondent is not a drug dependent, the court shall order his/her discharge. If either physician finds him to be a dependent, the court shall conduct a hearing and consider all relevant evidence which may be offered. If the court finds him/her a drug dependent, it shall issue an order for his/her commitment to a treatment and rehabilitation center under the supervision of the DOH. In any event, the order of discharge or order of confinement or commitment shall be issued not later than fifteen (15) days from the filing of the appropriate petition. SECTION 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation. If a person charged with an offense where the imposable penalty is imprisonment of less than six (6) years and one (1) day, and is found by the prosecutor or by the court at any stage of the proceedings, to be a drug dependent, the prosecutor or the court as the case may be, shall suspend all further proceedings and transmit copies of the record of the case to the Board. In the event the Board determines, after medical examination, that public interest requires that such drug dependent be committed to a center for treatment and rehabilitation, it shall file a petition for his/her commitment with the regional trial court of the province or city where he/she is being investigated or tried: Provided, that where a criminal case is pending in court, such petition shall be filed in the said court. The court shall take judicial notice of the prior proceedings in the case and shall proceed to hear the petition. If the court finds him to be a drug dependent, it shall order his/her commitment to a Center for treatment and rehabilitation. The head of said Center shall submit to the court every four (4) months, or as often as the court may require, a written report on the progress of the treatment. If the dependent is rehabilitated, as certified by the Center and the Board, he/she shall be returned to the court, which committed him, for his/her discharge therefrom. Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall continue, as the case maybe. In case of conviction, the judgment shall, if the accused is certified by the treatment and rehabilitation center to have maintained good behavior, indicate that he/she shall be given full credit for the period he/she was confined in the Center: Provided, however, that when the offense is for violation of Section 15 of the Act and the accused is not a recidivist, the penalty thereof shall be deemed to have been served in the Center upon his/her release therefrom after certification by the Center and the Board that he/she is rehabilitated. SECTION 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program. The period of prescription of the offense charged against a drug dependent under the compulsory submission program shall not run
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during the time that the drug dependent is under confinement in a Center or otherwise under the treatment and rehabilitation program approved by the Board. Upon certification of the Center that he/she may temporarily be discharged from the said Center, the court shall order his/her release on condition that he/she shall report to the Board through the DOH for after-care and follow-up treatment for a period not exceeding eighteen (18) months under such terms and conditions as may be imposed by the Board. If at anytime during the after-care and follow-up period, the Board certifies to his/her complete rehabilitation, the court shall order his/her final discharge from confinement and order for the immediate resumption of the trial of the case for which he/she is originally charged. Should the Board through the DOH find at anytime during the aftercare and follow-up period that he/she requires further treatment and rehabilitation, it shall report to the court, which shall order his/her recommitment to the Center. Should the drug dependent, having been committed to a Center upon petition by the Board escape therefrom, he/she may resubmit himself/herself for confinement within one (1) week from the date of his/her escape; or his/her parent, spouse; guardian or relative within the fourth degree of consanguinity or affinity may, within the same period, surrender him for recommitment. If, however, the drug dependent does not resubmit himself/herself for confinement or he/she is not surrendered for recommitment, the Board may apply with the court for the issuance of the recommitment order. Upon proof of previous commitment, the court shall issue an order for recommitment. If, subsequent to such recommitment, he/she should escape again, he/she shall no longer be exempt from criminal liability for use of any dangerous drug. A drug dependent committed under this particular Section who is finally discharged from confinement shall be exempt from criminal liability under Section 15 of the Act, without prejudice to the outcome of any pending case filed in court. On the other hand, a drug dependent who is not rehabilitated after a second commitment to the Center shall, upon conviction by the appropriate court, suffer the same penalties provided for under Section 15 of the Act, again without prejudice to the outcome of any pending case filed in court. SECTION 64. Confidentiality of Records Under the Compulsory Submission Program. The records of a drug dependent who was rehabilitated and discharged from the Center under the compulsory submission program, or who was charged with violation of Section 15 of the Act, shall be covered by Section 60 of the Act. However, the records of a drug dependent who was not rehabilitated, or who escaped but did not surrender himself/herself within the prescribed period, shall be forwarded to the court and their

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use shall be determined by the court, taking into consideration public interest and the welfare of the drug dependent. SECTION 65. Duty of the Prosecutor in the Proceedings. It shall be the duty of the provincial or the city prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising from the Act. SECTION 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of the Act, but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions: (a) He/she has not been previously convicted of violating any provision of the Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws; (b) He/she has not been previously committed to a Center onto the care of a DOHaccredited physician; and (c) The Board favorably recommends that his/her sentence be suspended. While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18) months. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under the Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the provisions of this Section. SECTION 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. If the accused first-time minor offender under suspended sentence complies with the applicable rules and regulations of the Board, including confinement in a Center, the court, upon favorable recommendation of the Board for the final discharge of the accused shall discharge the accused and dismiss all proceedings.

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Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other than the confidential record to be retained by the DOJ relating to the case. Such an order, which shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose. SECTION 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of the Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated. SECTION 69. Promulgation of Sentence for First-Time Minor Offender. If the accused first-time minor offender violates any of the conditions of his/her suspended sentence, the applicable rules and regulations of the Board exercising supervision and rehabilitative surveillance over him, including the rules and regulations of the Center should confinement be required, the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person. SECTION 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. Upon promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the sentence provided under the Act is higher than that provided under existing law on probation, or impose community service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order. The community service shall be complied with under conditions, time and place as may be determined by the court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of the Act. The completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by the court, Thereafter, the Board shall render a report on the manner of compliance of said community service. The court in its discretion may require extension of the community service or order a final discharge. In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of the Act.
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If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served. SECTION 71. Records to be kept by the Department of Justice. The DOJ shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under the Act is a first-time minor offender. SECTION 72. Liability of a Person Who Violates the Confidentiality of Records. The penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any person who, having official custody of or access to the confidential records of any drug dependent under voluntary submission programs, or anyone who, having gained possession of said records, whether lawfully or not, reveals their content to any person other than those charged with the prosecution of the offenses under the Act and its implementation. The maximum penalty shall be imposed, in addition to absolute perpetual disqualification from any public office, when the offender is a government official or employee. Should the records be used for unlawful purposes, such as blackmail of the drug dependent or the members of his/her family, the penalty imposed for the crime of violation of confidentiality shall be in addition to whatever crime he/she may be convicted of. SECTION 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or Any Concerned Agency. Any parent, spouse or guardian who, without valid reason, refuses to cooperate with the Board or any concealed agency in the treatment and rehabilitation of a drug dependent who is a minor, of in any manner, prevents or delays the after-care, followup or other programs for the welfare of the accused drug dependent, whether under voluntary submission program or compulsory submission program, may be cited for contempt by the court. SECTION 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. The parent, spouse, guardian or any relative within the fourth degree of consanguinity of any person who is confined under the voluntary submission program or compulsory submission program shall be charged a certain percentage of the cost of his/her treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD taking into consideration the economic status of the family of person confined. The guidelines therein formulated shall be implemented by a social worker of the local government unit. (a) Persons Sharing the Cost of Treatment and Rehabilitation of a Drug Dependent. The parent, spouse, guardian or any relative within the fourth degree of consanguinity
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of any person who is confined under the voluntary submission program or compulsory submission program shall share the cost of treatment and rehabilitation of a drug dependent: Provided, however, that, in case a dependent has no parent, spouse, guardian or relative within the fourth degree of consanguinity, his/her rehabilitation shall be through the auspices of any government rehabilitation center. (b) Factors in Determining Cost. In government rehabilitation centers, the following factors shall be taken into consideration in determining the share of the cost: b.1) Family income in relation to poverty threshold based on assessment of the LGU social worker. Family income refers to the aggregate of primary income, property income, pension and other current transfers received by the immediate family or relatives of the drug dependent; b.2) Capacity of the province/city/municipality based on their income classification; and b.3) The cost of treatment and rehabilitation based on a centers facilities, programs and services. (c) Guiding Principles. The following guiding principles shall be observed: c.1) A family whose income is within poverty threshold shall be fully subsidized by the government; c.2) The higher the income of the family, the higher is its percentage share; c.3) The higher the capacity of the LGU, the better the quality of programs, services and structures it shall provide; c.4) Confidentiality of drug abuse cases shall be observed; and c.5) Same quality of services shall be provided to both paying and non-paying drug dependents. (d) Formulation of Cost Sharing Schedule. Within sixty (60) days upon the effectivity of this IRR, the respective provincial/city/municipal councils shall pass an ordinance prescribing the cost-sharing percentage for the treatment and rehabilitation of drug dependents. SECTION 75. Treatment and Rehabilitation Centers. The existing treatment and rehabilitation centers for drug dependents operated and maintained by the NBI and the PNP shall be operated, maintained and managed by the DOH, in coordination with other

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concerned agencies. For the purpose of enlarging the network of centers, the Board, through the DOH, shall encourage, promote or whenever feasible, assist or support in the establishment, operations and maintenance of private centers which shall be eligible to receive grants, donations or subsidy from either government or private sources. It shall also support the establishment of government-operated regional treatment and rehabilitation centers depending upon the availability of funds. The national government, through its appropriate agencies shall give priority funding for the increase of subsidy to existing government drug rehabilitation centers, and shall establish at least one (1) rehabilitation center in each province, depending on the availability of funds. To ensure proper treatment and rehabilitation of drug dependents, the DOH shall perform the following: (a) Formulate standards and guidelines for the operation and maintenance of all treatment and rehabilitation centers nationwide; (b) Develop a system for monitoring and supervision of all drug rehabilitation centers nationwide; (c) Create programs which will advocate for the establishment of LGU-assisted rehabilitation facilities in each province; (d) Submit to the Department of Budget and Management (DBM) a budget for the establishment, and operation of drug rehabilitation centers; and (e) Facilitate the turn-over of all the rehabilitation centers from the PNP and NBI thru a Memorandum of Agreement that shall be signed within sixty (60) days after approval of this IRR. SECTION 76. The Duties and Responsibilities of the Department of Health (DOH) Under the Act. The DOH shall: (a) Oversee and monitor the integration, coordination and supervision of all drug rehabilitation, intervention, after-care and follow-up programs, projects and activities, as well as the establishment, operations, maintenance and management of privately-owned drug treatment rehabilitation centers and drug testing networks and laboratories throughout the country, in coordination with the DSWD and other agencies; (b) License, accredit, establish and maintain drug test network and laboratory; and initiate, conduct and support scientific research on drugs and drug control;
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(c) Encourage, assist and accredit private centers; and promulgate rules and regulations setting minimum standards for their accreditation to assure their competence, integrity and stability; (d) Prescribe and promulgate rules and regulations governing the establishment of such Centers as it may deem necessary after conducting a feasibility study thereof; (e) The DOH shall, without prejudice to the criminal prosecution of those found guilty of violating the Act, order the closure of a Center for treatment and rehabilitation of drug dependency when, after investigation it is found guilty of violating the provisions of the Act or regulations issued by the Board; and (f) Charge reasonable fees for drug dependency examinations, other medical and legal services provided to the public, which shall accrue to the Board. All income derived from these sources shall be part of the funds constituted as special funds for the implementation of the Act under Section 87. ARTICLE IX Dangerous Drugs Board and Philippine Drug Enforcement Agency SECTION 77. The Dangerous Drugs Board. The Board shall be the policy-making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control. It shall develop and adopt a comprehensive integrated, unified and balanced national drug abuse prevention and control strategy. It shall be under the Office of the President. SECTION 78. Composition of the Board. The Board shall be composed of seventeen (17) members wherein three (3) of which are permanent members, the other; twelve (12) members shall be in an ex-officio capacity and the two (2) shall be regular members. The three (3) permanent members, who shall possess at least seven-year training and experience in the field of dangerous drugs and in any of the following fields: law, medicine, criminology, psychology or social work, shall be appointed by the President of the Philippines. The President shall designate a Chairperson, who shall have the rank of a secretary from among the three (3) permanent members who shall serve for six (6) years and until their successors shall have been duly appointed and qualified. The other twelve (12) members who shall be ex-officio members of the Board are the following:

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(1) Secretary of the Department of Justice or his/her representative; (2) Secretary of the Department of Health or his/her representative; (3) Secretary of the Department of National Defense or his/her representative; (4) Secretary of the Department of Finance or his/her representative; (5) Secretary of the Department of Labor and Employment or his/her representative; (6) Secretary of the Department of the Interior and Local Government or his/her representative; (7) Secretary of the Department of Social Welfare and Development or his/her representative; (8) Secretary of the Department of Foreign Affairs or his/her representative; (9) Secretary of the Department of Education or his/her representative; (10) Chairperson of the Commission on Higher Education or his/her representative; (11) Chairperson of the National Youth Commission; and (12) Director General of the Philippine Drug Enforcement Agency. Cabinet secretaries who are members of the Board may designate their duly authorized and permanent representative whose ranks shall in no case be lower than undersecretary. The two (2) regular members shall be as follows: (a) The president of the Integrated Bar of the Philippines; and (b) The chairperson or president of a non-government organization involved in dangerous drug campaign to be appointed by the President of the Philippines. The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board, and shall attend all the meetings of the Board. All members of the Board, as well as its permanent consultants, shall receive a per diem for every meeting actually attended subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and allowances: Provided, that where the representative of an ex-officio member or of the permanent consultant of the Board attends a meeting in behalf of the latter, such representative shall be entitled to receive the per diem. SECTION 79. Meetings of the Board. The Board shall meet once a week or more frequently as necessary at the discretion of the Chairperson or at the call of any four (4) other members. The presence of nine (9) members shall constitute a quorum. SECTION 80. Secretariat of the Board. The Board shall recommend to the President of the Philippines the appointment of an Executive Director, with the rank of an undersecretary, who shall be the Secretary of the Board and administrative officer of its secretariat, and shall perform such other duties that may be assigned to him/her. He/she must possess adequate knowledge, training and experience in the field of
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dangerous drugs, and in any of the following fields: law enforcement, law, medicine, criminology, psychology or social work. Two deputy executive directors, for administration and operations, with the ranks of assistant secretary, shall be appointed by the President upon recommendation of the Board. They shall possess the same qualifications as those of the executive director. They shall receive a salary corresponding to their position as prescribed by the Salary Standardization Law as a Career Service Officer. The existing secretariat of the Board shall be under the administrative control and supervision of the Executive Director. It shall be composed of the following Services: Policy Studies, Research and Statistics; Preventive Education, Training and Information; Legal Affairs; and Administrative and Financial Management. SECTION 81. Powers and Duties of the Board. The Board shall: (a) Formulate, develop and establish a comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy; (b) Promulgate such rules and regulations as may be necessary to carry out the purposes of the Act, including the manger of safekeeping, disposition, burning or condemnation of any dangerous drug and/or controlled precursor and essential chemical under the charge and custody of DDB, PDEA and other concerned agencies, and prescribe administrative remedies or sanctions for the violations of such rules and regulations; (c) Conduct policy studies, program monitoring and evaluations and other researches on drug prevention, control and enforcement; (d) Initiate, conduct and support scientific, clinical, social, psychological, physical and biological researches on dangerous drugs and dangerous drugs prevention and control measures; (e) Develop an educational program and information drive on the hazards and prevention of illegal use of any dangerous drug and/or controlled precursor and essential chemical based on factual data, and disseminate the same to the general public, for which purpose the Board shall endeavor to make the general public aware of the hazards of any dangerous drug and/or controlled precursor and essential chemical by providing among others, literature, films, displays or advertisements and by coordinating with all institutions of learning, as well as with all national and local enforcement agencies, in planning and conducting its educational campaign programs to be implemented by the appropriate government agencies;

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(f) Conduct continuing seminars for, and consultations with, and provide information materials to judges and prosecutors in coordination with the Office of the Court Administrator, in the case of judges, and the DOJ, in the case of prosecutors, which aim to provide them with the current developments and programs of the Board pertinent to its campaign against dangerous drugs and its scientific researches on dangerous drugs, its prevention and control measures; (g) Design special trainings in order to provide law enforcement officers, members of the judiciary, and prosecutors, school authorities and personnel of centers with knowledge and know-how in dangerous drugs and/or controlled precursors and essential chemicals control, in coordination with the Supreme Court, to meet the objectives of the national drug control programs; (h) Design and develop, in consultation and coordination with the DOH, DSWD and other agencies involved in drugs control, treatment and rehabilitation, both, public and private, a national treatment and rehabilitation program for drug dependents including a standard after-care and community service program for recovering drug dependents; (i) Design and develop, jointly with the DOLE and in consultation with labor and employer groups, as well as non-government organizations, a drug abuse prevention program in the workplace that would include a provision for employee assistance programs for emotionally-stressed employees; (j) Prescribe and promulgate rules and regulations governing the establishment of such centers, networks and laboratories as deemed necessary after conducting a feasibility study, in coordination with the DOH and other government agencies; (k) Initiate and authorize closure proceedings against non-accredited and/or substandard rehabilitation centers based on verified reports of human rights violations, sub-human conditions, inadequate medical training and assistance and excessive fees for implementation by the PDEA; In conjunction with sub-paragraphs (c), (d) and (e) of Section 76 and sub-paragraphs (j) and (k) of Section 81, the DDB and the DOH shall jointly promulgate standards and guidelines for the establishment, operationalization, monitoring and closure of treatment and rehabilitation facilities. (l) Receive, gather, collect and evaluate all information on the importation, exportation, production, manufacture, sale, stocks, seizures of and the estimated need for any dangerous drug and/or controlled precursor and essential chemical, for which purpose the Board may require from any official, instrumentality or agency of the government or any private person or
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enterprise dealing in, or engaged in activities having to do with any dangerous drug and/or controlled precursor and essential chemical such data or information as it may need to implement the Act; (m) Gather and prepare detailed statistics on the importation exportation, manufacture, stocks, seizures of and estimated need for any dangerous drug and/or controlled precursor and essential chemical and such other statistical data on said drugs as may be periodically required by the United Nations Commission on Narcotic Drugs, the World Health Organization and other international organizations in consonance with the countrys international commitments; (n) Develop and maintain international networking coordination with international drug control agencies and organizations, and implement the provisions of international conventions and agreements thereon which have been adopted and approved by the Congress of the Philippines; (o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to the Board, in coordination with the PDEA, about all dangerous drugs and/or controlled precursors and essential chemicals-related cases to which they have attended for statistics and research purposes; (p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds, to administer and dispose of the same when necessary for the benefit of government and private rehabilitation centers subject to limitations, directions and instructions from the donors, if any; (q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment, rehabilitation or confinement, wherein it shall issue the necessary guidelines, rules and regulations pertaining to the application and its enforcement; (r) Formulate guidelines, in coordination with other government agencies, the importation, distribution, production, manufacture, compounding, prescription, dispensing and sale of, and other lawful acts in connection with any dangerous drug, controlled precursor and essential chemical and other similar or analogous substances of such kind and in such quantity as it may deem necessary according to the medical and research needs or requirements of the country including diet pills containing ephedrine and other addictive chemicals and determine the quantity and/or quality of dangerous drugs and precursors and essential chemicals to be imported, manufactured and held in stock at any given time by authorized importer, manufacturer or distributor of such drugs: Provided, that the corresponding license for this purpose shall be issued by the PDEA; (s) Develop, in consultation with concerned agencies, the utilization of a controlled delivery scheme in addressing the transshipment of dangerous drugs into and out of the
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country to neutralize transnational crime syndicates involved in illegal trafficking of any dangerous drug and/or controlled precursor and essential chemical for implementation by the PDEA in collaboration with other agencies and foreign counterparts; (t) Recommend the revocation of the professional license of any practitioner who is an owner, co-owner, lessee, or in the employ of the drug establishment, or manager of a partnership, corporation, association, or any juridical entity owning and/or controlling such drug establishment, and who knowingly participates in or consents to tolerates, or abets the commission of the act of violations as indicated in the preceding paragraph, all without prejudice to the criminal prosecution of the person responsible for the said violation; (u) Appoint such technical, administrative and other personnel as may be necessary for the effective implementation of the Act, subject to the Civil Service Law and its rules and regulations; (v) Establish a regular and continuing consultation with concerned government agencies and medical professional organizations to determine if balance exists in policies, procedures, rules and regulations on dangerous drugs and to provide recommendations on how the lawful use of dangerous drugs can be improved and facilitated; (w) Approve changes in the organizational set-up of PDEA as submitted by the Director General of the PDEA, as provided for under Section 83; (x) Approve the establishment of the PDEA Academy either in Baguio or Tagaytay City, and in such other places as may be necessary, and provide for the qualifications and requirements of PDEA recruits who must be at least twenty-one (21) years old, of proven integrity and honesty and a baccalaureate degree holder, as provided for under Section 85; (y) Reclassify, add to or remove any dangerous drug from, the lists of dangerous drugs and controlled precursors and essential chemicals, as provided for under Section 93; (z) Receive from DOH all income derived from fees for drug dependency examinations and other medical and legal services provided to the public which shall be constituted as a special funds for the implementation of the Act, as provided for under Section 76(f); (aa) Receive fines, fees, net proceeds of any sale or disposition of any property confiscated of forfeited, and other income authorized and imposed under the Act, including ten per cent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than Twelve million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes
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Office (PCSO), and Five million pesos (P5,000,000.00) a month from PAGCOR, which shall constitute as special account in the general fund for the implementation of the Act, excluding the operating expenses of the Board and other concerned agencies at least fifty per cent (50%) of all funds which shall be reserved for assistance to governmentowned and/or operated rehabilitation centers, as provided for under Sections 76(f) and 87. (bb) Recommend to the concerned agency the grant of compensation, reward and award to any person providing information and to law enforcers participating in a successful drug operation, as provided for in Section 22; (cc) Manage the funds as it may deem proper for the attainment of the objectives of the Act. The Chairperson of the Board shall submit to the President of the Philippines and the Presiding Officers of both Houses of Congress, within fifteen (15) days from the opening of the regular session, an annual report on the dangerous drugs situation in the country which shall include detailed account of the programs and projects undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to the provisions of the Act; recommended remedial legislation, If needed, and such other relevant facts as it may deem proper to cite, as provided for under Section 88; and (dd) Submit an annual and periodic reports to the President, the Congress of the Philippines and the Senate and House of Representatives Committees concerned as may be required from time to time, and perform such other functions as may be authorized or required under existing laws and as directed by the President himself/herself or as recommended by the Congressional Committees concerned. SECTION 82. Creation of the Philippine Drug Enforcement Agency (PDEA). To carry out the provisions of the Act, the PDEA, which serves as the implementing arm of the Board, shall be responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and essential chemical as provided in the Act. The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be responsible for the general administration and management of the Agency. The Director General of the PDEA shall be appointed by the President of the Philippines and shall perform such other duties that may be assigned to him/her. He/she must possess adequate knowledge, training and experience in the field of dangerous drugs, and in any of the following fields: law enforcement, law, medicine, criminology, psychology or social work. The Director General of the PDEA shall be assisted in the performance of his/her duties and responsibilities by two (2) deputy director generals with the rank of Assistant Secretary, one for Operations and the other one for Administration. The two (2) deputy director generals shall likewise be appointed by the President of the Philippines upon
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recommendation of the Board. The two (2) deputy director generals shall possess the same qualifications as those of the Director General of the PDEA. The Director General and the two (2) deputy director generals shall receive the compensation and salaries as prescribed by law. SECTION 83. Organization of the PDEA. The present Secretariat of the National Drug Law Enforcement and Prevention Coordinating Center (DEP Center) as created by Executive Order No. 61 shall be accordingly modified and absorbed by the PDEA. The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up which shall be submitted to the Board for approval. For purposes of carrying out its duties and powers as provided for in the succeeding Section of this IRR, the PDEA shall have the following Services, namely: Intelligence and Investigation; International Cooperation and Foreign Affairs; Preventive Education and Community Involvement; Plans and Operations; Compliance; Legal and Prosecution; Administrative and Human Resource; Financial Management; Logistics Management; and Internal Affairs. The PDEA shall establish and maintain regional offices in the different regions of the country which shall be responsible for the implementation of the Act and the policies, programs, and projects of said agency in their respective regions. SECTION 84. Powers and Duties of the PDEA. The PDEA shall: (a) Implement or cause the efficient and effective implementation of the national drug control strategy formulated by the Board thereby carrying out a national anti-drug campaign program which shall include drug law enforcement, control and prevention campaign with the assistance of concerned government agencies. (b) Undertake the enforcement of the provisions of Article II of the Act relative to the unlawful acts and penalties involving any dangerous drug and/or controlled pre-cursor and essential chemical and investigate all violators and other matters involved in the commission of any crime relative to the use, abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemical as provided for in the Act and the provisions of Presidential Decree No. 1619; (c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of investigation involving the violations of the Act; (d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or proceeds of the crimes as provided by law and take custody thereof, for this

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purpose the prosecutors and enforcement agents are authorized to possess firearms, in accordance with existing laws; (e) Take charge and have custody of all dangerous drugs and/or controlled pre-cursors and essential chemicals seized, confiscated or surrendered to any national, provincial or local law enforcement agency, if no longer needed for purposes of evidence in court; (f) Establish forensic laboratories in each PNP office in every province and city in order to facilitate action on seized or confiscated drugs, thereby hastening the destruction of the same without delay; (g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations found to be violating the provisions of the Act and in accordance with the pertinent provisions of the Anti-Money Laundering Act of 2001; (h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all laws on dangerous drugs, controlled precursors and essential chemicals, and other similar controlled substances, and assist; support and coordinate with other government agencies for the proper and effective prosecution of the same; (i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office and the Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post office, which appear from the package and address itself to be a possible importation of dangerous drugs and/or controlled precursors and essential chemicals, through, on-line or cyber shops via the internet or cyberspace; (j) Conduct, eradication programs to destroy wild or illegal growth of plants from which dangerous drugs maybe extracted; (k) Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise all activities against drug abuse in every province, city, municipality and barangay with the active and direct participation of all such local government units and non-government organizations, including the citizenry, subject to the provisions of previously formulated programs of action against dangerous drugs; (l) Establish and maintain a national drug intelligence system in cooperation with law enforcement agencies, other government agencies/offices and local government units that will assist in its apprehension of big-time drug lords; (m) Establish and maintain close coordination, cooperation and linkages with international drug control and administration agencies and organizations, and

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implement the applicable provisions of international conventions and agreements related to dangerous drugs to which the Philippines is a signatory; (n) Create and maintain an efficient special enforcement unit to conduct investigation, file charges and transmit evidence to the proper court, wherein members of the said unit shall possess suitable and adequate firearms for their protection in connection with the performance of their duties: Provided, that no previous special permit for such possession shall be required; (o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit a report to it, in coordination with the Board, about all dangerous drugs and/or controlled precursors and essential chemicals which they have attended to for data and information purposes; (p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules and regulations for the proper implementation of the Act; (q) Initiate and undertake a national campaign for drug abuse prevention and drug control programs, where it may enlist the assistance of any department, bureau, office, agency or instrumentality of the government, including government-owned and/or controlled corporations, in the antiillegal drugs drive, which may include the use of their respective personnel, facilities, and resources for a more resolute detection and investigation of drug-related crimes and prosecution of the drug traffickers; and (r) Submit an annual and periodic reports to the Board as may be required from time to time, and perform such other functions as may be authorized or required under existing laws and as directed by the President himself/herself or as recommended by the Congressional Committees concerned. SECTION 85. The PDEA Academy. Upon the approval of the Board, the PDEA Academy shall be established either in Baguio or Tagaytay City, and in such other places as may be necessary. The PDEA Academy shall be responsible in the recruitment and training of all PDEA agents and personnel. The Board shall provide for the qualifications and requirements of its recruits who must be at least twenty-one (21) years old, of proven integrity and honesty and a baccalaureate degree holder. The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the transition period of five (5) years during which all the intelligence network and standard operating procedures of the PDEA has been set up and operationalized.

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The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be appointed by the PDEA Director General. SECTION 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions. The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished, however, they shall continue with the performance of their task as detail service with the PDEA, subject to screening, until such time that the organizational structure of the Agency is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task themselves: Provided, that such personnel who are affected shall have the option of either being integrated into the PDEA or remain with their original mother agencies and shall thereafter, be immediately re-assigned to other units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA shall be extended appointments to positions similar in rank, salary and other emoluments and privileges granted to their respective positions in their original mother agencies. The transfer, absorption and integration of the different offices and units provided for in this Section shall take effect within eighteen (18) months from the effectivity of the Act: Provided, that personnel absorbed and on detail service shall be given until five (5) years to finally decide to join the PDEA. Nothing in the Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided for in their respective organic laws: Provided, however, that when the investigation being conducted by the NBI, the PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions of the Act, the PDEA shall be the lead agency. The NBI, the PNP or and any of the task force shall immediately transfer the same to the PDEA; Provided, further, that the NBI, the PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug related matters. (a) Relationship/Coordination between the PDEA and Other Agencies. The PDEA shall be the lead agency in the enforcement of the Act, while the PNP, the NBI and other law enforcement agencies shall continue to conduct anti-drug operations in support of the PDEA: Provided, that the said agencies shall, as far as practicable, coordinate with the PDEA prior to anti-drug operations; Provided, further, that, in any cases, said agencies shall inform the PDEA of their anti-drug operations within twenty-four (24) hours from the time of the actual custody of the suspects or seizure of said drugs and substances, as well as paraphernalia and transport equipment used in illegal activities involving such drugs and/or substances, and shall

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regularly update the PDEA on the status of the cases involving the said anti-drug operations; Provided, furthermore, that raids, seizures, and other anti-drug operations conducted by the PNP; the NBI, and other law enforcement agencies prior to the approval of this IRR shall be valid and authorized; Provided, finally, that nothing in this IRR shall deprive the PNP, the NBI, other law enforcement personnel and the personnel of the Armed Forces of the Philippines (AFP) from effecting lawful arrests and seizures in consonance with the provisions of Section 5, Rule 113 of the Rules of Court. (b) Roles of the PNP, NBI, Bureau of Customs and Other Law Enforcement Agencies The PDEA may enter into a Memorandum of Agreement (MOA) with the PNP, the NBI, the Bureau of Customs and other law enforcement agencies to carry out the implementation of the Act, provided that the respective MOAs shall include specific roles of enumerated agencies in the administrative and operational matters. Said MOAs shall be entered into by the PDEA and the respective agencies fifteen (15) days after the implementation of this IRR. ARTICLE X Appropriations, Management of Funds and Annual Report SECTION 87. Appropriations. The amount necessary for the operation of the Board and the PDEA shall be charged against the current years appropriations of the Board, the DEP Center, the Narcotics Group of the PNP, the Narcotics Division of the NBI and other drug abuse units of the different law enforcement agencies integrated into the PDEA in order to carry out the provisions of the Act. Thereafter, such sums as may be necessary for the continued implementation of the Act shall be included in the annual General Appropriations Act. All receipts derived from fines, fees and other income authorized and imposed in the Act, including ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than Twelve million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes Office (PCSO), are hereby constituted as a special account in the general fund for the implementation of the Act: Provided, that no amount shall be disbursed to cover the operating expenses of the Board and other concerned agencies; Provided, further, that at least fifty percent (50%) of all the funds shall be reserved for assistance to government-owned and/or operated rehabilitation centers. The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from the finality of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the Board by the PCSO within thirty (30) days after these are collected and declared forfeited.

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A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in the amount of Five million pesos (P5,000,000.00) a month shall be set aside for the purpose of establishing adequate drug rehabilitation centers in the country and also for the maintenance and operations of such centers: Provided, that the said amount shall be taken from the fifty percent (50%) share of the National Government in the income of PAGCOR; Provided, further, that the said amount shall automatically be remitted by PAGCOR to the Board. The amount shall, in turn, be disbursed by the Board, subject to the rules and regulations of the Commission on Audit (COA). The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign, for purposes related to their functions, subject to the existing guidelines set by the government. (a) No money shall be paid out of the National Treasury for the current operating and capital outlay requirement of the programs, projects and activities of the Board and the PDEA, including those funded from the Special Account in the General Fund (SAGF) constituted under Section 87 of the Act and the next succeeding Rule, except in pursuance of an express appropriation made by Congress in the annual General Appropriations Act. Until such time that such an express appropriation is made, the amounts necessary for the operation of the new DDB and PDEA shall be in-charged against the current years appropriation of the old DDB of the DOH, the DEP Center, the Narcotics Group of the PNP, the Narcotics Division of the NBI and other drug enforcement units of the different law enforcement agencies integrated into the PDEA, subject to such guidelines as may be issued by DBM for the purpose. (b) The Bureau of Treasury (BTr) shall open a SAGF in favor of the Board to which shall be deposited the following: b.1) Receipts derived from fines which shall be remitted by the court imposing such fines within thirty (30) days from the finality of its decisions or orders; b.2) Ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes, but in no case less than Twelve million pesos (P12,000,000.00) per year, which shall be remitted by the PCSO within thirty (30) days after these are collected and declared forfeited; b.3) Proceeds from fees and other incomes authorized and imposed pursuant to the Act; b.4) The Five million pesos (P5,000,000.00) monthly share of the Board from the fifty percent (50%) statutory share of the National Government in the income of the PAGCOR which shall automatically remit the same; and

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b.5) Grants, donations and endowments from various sources, domestic or foreign, for purposes relative to their functions and subject to existing guidelines. (c) Release against the SAGF shall be governed by Section 35, Chapter 5, Book VI of E.O. No. 292 (The Administrative Code of 1987), the established programming considerations, and the observance of the following conditions specified by the Act: c.1) At least fifty percent (50%) of the total receipts derived from fines, fees and other income authorized and imposed under the Act, including the ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes from PCSO, shall be reserved for assistance to drug treatment and rehabilitation centers owned and/or operated by the National Government and its political subdivisions and that no amount in the total of such receipts shall be disbursed to cover the operating expenses of the Board, the PDEA, and other concerned agencies; and c.2) The Five million pesos (P5,000,000.00) monthly share of the Board from the fifty percent (50%) statutory share of the National Government from the PAGCOR income shall be used exclusively for the establishment and maintenance of new drug treatment and rehabilitation centers in the country, as well as the operation and maintenance of existing ones. SECTION 88. Management of Funds Under the Act: Annual Report by the Board and the PDEA. (a) Fund Management. The Board and the PDEA shall manage their respective funds, whether appropriated by Congress or coming from other sources, as each may deem proper for the attainment of the objectives of the Act, and respectively account for the same, subject to the observance of the terms and conditions set in the annual general appropriations act and pertinent budgeting, accounting and auditing rules and regulations. (b) Annual Report. In addition to the periodic reports prescribed elsewhere in this IRR, the Chairperson of the Board shall submit to the President of the Philippines and to the presiding officers of the two chambers of Congress, within fifteen (15) days from the opening of the regular session, an annual report on the dangerous drugs situation in the country which shall include detailed account of the programs and projects undertaken, statistics on crimes related to the dangerous drugs, expenses incurred in pursuit of the mandate set under the Act, recommended remedial legislation, if needed, and such other relevant facts as it may deem proper to cite.

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SECTION 89. Auditing the Accounts and Expenses of the Board and the PDEA. All accounts and expenses of the Board and the PDEA shall be audited by the COA or its duly authorized representative. ARTICLE XI Jurisdiction Over Dangerous Drugs Cases SECTION 90. Jurisdiction. The Supreme Court shall designate special courts from among the existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of the Act. The number of courts designated in each judicial region shall be based on the population and the number of cases pending in their respective jurisdiction. The DOJ, through its provincial/city prosecution offices, shall designate special prosecutors to exclusively handle cases involving violations of the Act. The preliminary investigation of cases filed under the Act shall be terminated within a period of thirty (30) days from the date of their filing. When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the corresponding information shall be filed in court within twentyfour (24) hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the case. However, when the prosecutor disagrees with the finding of the Municipal Trial Court and he/she finds the need to conduct a formal reinvestigation of the case to clarify issues, or to afford either party the opportunity to be heard to avoid miscarriage of justice, the prosecutor has to terminate the reinvestigation within fifteen (15) days from receipt of the records, and if probable cause exists, to file the corresponding information in court within forty-eight (48) hours from termination of the reinvestigation. Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of the filing of the information. Decision on said cases shall be tendered within a period of fifteen (15) days from the date of submission of the case for resolution. SECTION 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases. Any member of law enforcement agencies or any other government official and employee who, after due notice, fails or refuses intentionally or
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negligently, to appear as a witness for the prosecution in any proceeding, involving violations of the Act, without any valid reason, shall be punished with imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years and a fine of not less than Five hundred thousand pesos (P500,000.00), in addition to the administrative liability he/she may be meted out by his/her immediate superior and/or appropriate body. The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual absolute disqualification from public office, should he/she fail to notify the court in writing of such order to transfer or re-assign. Prosecution and punishment under this Section shall be without prejudice to an liability for violation of any existing law. SECTION 92. Delay and Bungling in the Prosecution of Drug Cases. Any government officer or employee tasked with the prosecution of drug-related cases under the Act, either as prosecutor, prosecution witness, or as law enforcement agent, who, through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases, shall suffer the penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code. SECTION 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs. The Board shall have the power to reclassify; add to or remove from the list of dangerous drugs. Proceedings to reclassify, add or remove a drug or other substance may be initiated by the PDEA, the DOH, or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a national or local government agency, or an individual citizen. When a petition is received by the Board, it shall immediately begin its own investigation of the drug. The PDEA also may begin an investigation of a drug at any time based upon the information received from law enforcement laboratories, national and local law enforcement and regulatory agencies, or other sources of information. The Board after notice and hearing shall consider the following factors with respect to each substance proposed to be reclassified, added or removed from control: (a) Its actual or relative potential for abuse;

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(b) Scientific evidence of its pharmacological effect if known; (c) The state of current scientific knowledge regarding the drug or other substance; (d) Its history and current pattern of abuse; (e) The scope, duration, and significance of abuse; (f) Risk to public health; and (g) Whether the substance is an immediate precursor of a substance already controlled under the Act. The Board shall also take into accord the obligations and commitments to international treaties, conventions and agreements to which the Philippines is a signatory. The Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification, addition to or removal from the list of any drug by publishing such notice in any newspaper of general circulation once a week for two (2) weeks. The effect of such reclassification, addition or removal shall be as follows: (a) In case a dangerous drug is reclassified as precursor and essential chemical, the penalties for the violations of the Act pertaining to precursors and essential chemicals shall, in case of conviction, be imposed in all pending criminal prosecutions; (b) In case a precursor and essential chemical is reclassified as dangerous drug, the penalties for violations of the Act involving precursors and essential chemicals shall, in case of conviction, be imposed in all pending criminal prosecutions; (c) In case of the addition of a new drug to the list of dangerous drugs and precursors and essential chemicals, no criminal liability involving the same under the Act shall arise until after the lapse of fifteen (15) days from the last publication of such notice; (d) In case of removal of a drug from the list of dangerous drugs and precursors and essential chemicals, all persons convicted and/or detained for the use and/or possession of such a drug shall be automatically released and all pending criminal prosecution involving such a drug under the Act shall forthwith be dismissed; and (e) The Board shall, within five (5) days from the date of its promulgation, submit to Congress a detailed reclassification, addition, or removal of any drug from the list of dangerous drugs.
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ARTICLE XII Final Provisions SECTION 94. Congressional Oversight Committee on Dangerous Drugs (COCDD). The COCDD created under Section 95 of the Act shall be composed of seven (7) Members from the Senate and seven (7) Members from the House of Representatives. The Members from the Senate shall be appointed by the Senate President based on the proportional representation of the parties or coalitions therein with at least two (2) Senators representing the Minority. The Members from the House of Representatives shall be appointed by the Speaker, also based on the proportional representation of the parties or coalitions therein with at least two (2) Members representing the Minority. The COCDD shall be headed by the respective Chairpersons of the Senate Committee on Public Order and Illegal Drugs and the House of Representatives Committee on Dangerous Drugs. SECTION 95. Powers and Functions of the COCDD. The COCDD shall, in aid of legislation, perform the following functions, among others: (a) To set the guidelines and overall framework to monitor and ensure the proper implementation of the Act; (b) To ensure transparency and require the submission of reports from government agencies concerned on the conduct of programs, projects and policies relating to the implementation of the Act; (c) To approve the budget for the programs of the COCDD and all disbursements therefrom, including compensation of all personnel; (d) To submit periodic reports to the President of the Philippines and Congress on the implementation of the provisions of the Act; (e) To determine inherent weaknesses in the law and recommend the necessary, remedial legislation or executive measures; and (f) To perform such other duties, functions and responsibilities as may be necessary to effectively attain the objectives of the Act. SECTION 96. Adoption of Committee Rules and Regulations, and Funding. The COCDD shall adopt its internal rules of procedure, conduct hearings and receive testimonies, reports, and technical advice, invite or summon by subpoena ad testificandum any public official, private citizen, or any other person to testify before it or require any

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person by subpoena duces tecum documents or other materials as it may require consistent with the provisions of the Act. The COCDD shall be assisted by a secretariat to be composed by personnel who may be seconded from the Senate and the House of Representatives and may retain consultants. To carry out the powers and functions of the COCDD, the initial sum of Twenty-five million pesos (P25,000,000.00) shall be charged against the current appropriations of the Senate. Thereafter, such amount necessary for its continued operations shall be included in the annual General Appropriations Act. The COCDD shall exist for a period of ten (10) years from the effectivity of the Act and may be extended by a joint concurrent resolution. SECTION 97. Limited Applicability of the Revised Penal Code. Notwithstanding any law, rule or regulation to the contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions of this IRR, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. SECTION 98. Separability Clause. If for any reason any section or provision of this IRR, or any portion thereof, or the application of such Section, provision or portion thereof to any person, group or circumstance is declared invalid or unconstitutional, the remainder of this IRR shall not be affected by such declaration and shall remain in force and effect. SECTION 99. Repealing Clause. All memorandum circulars, resolutions, orders, and other issuances or parts thereof which are inconsistent with the Act or with this IRR are hereby repealed, amended or modified accordingly. SECTION 100. Implementing Details. The Board shall issue such additional implementing rules and regulations as may be necessary to further clarify any part of this IRR. SECTION 101. Effectivity Clause. This IRR shall take effect upon its publication in three (3) newspapers of general circulation and upon registration with the Office of the National Administrative Register at the University of the Philippines Law Center, UP Diliman, Quezon City. DONE in the City of Quezon this 30th day of August, 2002.

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AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM AND FOR OTHER PURPOSES (Republic Act No. 6981) Section 1. Name of Act. - This Act shall be known as the "Witness Protection, Security and Benefit Act". Section 2. Implementation of Program. - The Department of Justice, hereinafter referred to as the Department, through its Secretary, shall formulate and implement a "Witness Protection, Security and Benefit Program", hereinafter referred to as the Program, pursuant to and consistent with the provisions of this Act. The Department may call upon any department, bureau, office or any other executive agency to assist in the implementation of the Program and the latter offices shall be under legal duty and obligation to render such assistance. Section 3. Admission into the Program. - Any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying

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or about to testify before any judicial or quasi-judicial body, or before any investigating authority, may be admitted into the Program: Provided, That: a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code, or its equivalent under special laws;lawphi1 b) his testimony can be substantially corroborated in its material points; c) he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed, forced, intimidated, harassed or corrupted to prevent him from testifying, or to testify falsely, or evasively, because or on account of his testimony; and d) he is not a law enforcement officer, even if he would be testifying against the other law enforcement officers. In such a case, only the immediate members of his family may avail themselves of the protection provided for under this Act. If the Department, after examination of said applicant and other relevant facts, is convinced that the requirements of this Act and its implementing rules and regulations have been complied with, it shall admit said applicant to the Program, require said witness to execute a sworn statement detailing his knowledge or information on the commission of the crime, and thereafter issue the proper certification. For purposes of this Act, any such person admitted to the Program shall be known as the Witness. Section 4. Witness in Legislative Investigations. - In case of legislative investigations in aid of legislation, a witness, with his express consent, may be admitted into the Program upon the recommendation of the legislative committee where his testimony is needed when in its judgment there is pressing necessity therefor: Provided, That such recommendation is approved by the President of the Senate or the Speaker of the House of Representatives, as the case may be. Section 5. Memorandum of Agreement With the Person to be Protected. - Before a person is provided protection under this Act, he shall first execute a memorandum of agreement which shall set forth his responsibilities including: a) to testify before and provide information to all appropriate law enforcement officials concerning all appropriate proceedings in connection with or arising from the activities involved in the offense charged; b) to avoid the commission of the crime;lawphi1

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c) to take all necessary precautions to avoid detection by others of the facts concerning the protection provided him under this Act; d) to comply with legal obligations and civil judgments against him; e) to cooperate with respect to all reasonable requests of officers and employees of the Government who are providing protection under this Act; and f) to regularly inform the appropriate program official of his current activities and address.1awphi1 Section 6. Breach of the Memorandum of Agreement. - Substantial breach of the memorandum of agreement shall be a ground for the termination of the protection provided under this Act: Provided, however, That before terminating such protection, the Secretary of Justice shall send notice to the person involved of the termination of the protection provided under this Act, stating therein the reason for such termination. Section 7. Confidentiality of Proceedings. - All proceedings involving application for admission into the Program and the action taken thereon shall be confidential in nature. No information or documents given or submitted in support thereof shall be released except upon written order of the Department or the proper court. Any person who violates the confidentiality of said proceedings shall upon conviction be punished with imprisonment of not less than one (1) year but not more than six (6) years and deprivation of the right to hold a public office or employment for a period of five (5) years. Section 8. Rights and Benefits. - The witness shall have the following rights and benefits: (a) To have a secure housing facility until he has testified or until the threat, intimidation or harassment disappears or is reduced to a manageable or tolerable level. When the circumstances warrant, the Witness shall be entitled to relocation and/or change of personal identity at the expense of the Program. This right may be extended to any member of the family of the Witness within the second civil degree of consanguinity or affinity. (b) The Department shall, whenever practicable, assist the Witness in obtaining a means of livelihood. The Witness relocated pursuant to this Act shall be entitled to a financial assistance from the Program for his support and that of his family in such amount and for such duration as the Department shall determine. (c) In no case shall the Witness be removed from or demoted in work because or on account of his absences due to his attendance before any judicial or quasi-judicial
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body or investigating authority, including legislative investigations in aid of legislation, in going thereto and in coming therefrom: Provided, That his employer is notified through a certification issued by the Department, within a period of thirty (30) days from the date when the Witness last reported for work: Provided, further, That in the case of prolonged transfer or permanent relocation, the employer shall have the option to remove the Witness from employment after securing clearance from the Department upon the recommendation of the Department of Labor and Employment. Any Witness who failed to report for work because of witness duty shall be paid his equivalent salaries or wages corresponding to the number of days of absence occasioned by the Program. For purposes of this Act, any fraction of a day shall constitute a full day salary or wage. This provision shall be applicable to both government and private employees. (d) To be provided with reasonable travelling expenses and subsistence allowance by the Program in such amount as the Department may determine for his attendance in the court, body or authority where his testimony is required, as well as conferences and interviews with prosecutors or investigating officers. (e) To be provided with free medical treatment, hospitalization and medicines for any injury or illness incurred or suffered by him because of witness duty in any private or public hospital, clinic, or at any such institution at the expense of the Program. (f) If a Witness is killed, because of his participation in the Program, his heirs shall be entitled to a burial benefit of not less than Ten thousand pesos (P10,000.00) from the Program exclusive of any other similar benefits he may be entitled to under other existing laws. (g) In case of death or permanent incapacity, his minor or dependent children shall be entitled to free education, from primary to college level in any state, or private school, college or university as may be determined by the Department, as long as they shall have qualified thereto. Section 9. Speedy Hearing or Trial. - In any case where a Witness admitted into the Program shall testify, the judicial or quasi-judicial body, or investigating authority shall assure a speedy hearing or trial and shall endeavor to finish said proceeding within three (3) months from the filing of the case. Section 10. State Witness. - Any person who has participated in the commission of a crime and desires to be a witness for the State, can apply and, if qualified as determined in this Act and by the Department, shall be admitted into the Program whenever the following circumstances are present:

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(a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws; (b) there is absolute necessity for his testimony; (c) there is no other direct evidence available for the proper prosecution of the offense committed: (d) his testimony can be substantially corroborated on its material points; (e) he does not appear to be most guilty; and (f) he has not at any time been convicted of any crime involving moral turpitude. An accused discharged from an information or criminal complaint by the court in order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of Court may upon his petition be admitted to the Program if he complies with the other requirements of this Act. Nothing in this Act shall prevent the discharge of an accused, so that he can be used as a State Witness under Rule 119 of the Revised Rules of Court. Section 11. Sworn Statement. - Before any person is admitted into the Program pursuant to the next preceding Section he shall execute a sworn statement describing in detail the manner in which the offense was committed and his participation therein. If after said examination of said person, his sworn statement and other relevant facts, the Department is satisfied that the requirements of this Act and its implementing rules are complied with, it may admit such person into the Program and issue the corresponding certification. If his application for admission is denied, said sworn statement and any other testimony given in support of said application shall not be admissible in evidence, except for impeachment purposes. Section 12. Effect of Admission of a State Witness into the Program. - The certification of admission into the Program by the Department shall be given full faith and credit by the provincial or city prosecutor who is required not to include the Witness in the criminal complaint or information and if included therein, to petition the court for his discharge in order that he can utilized as a State Witness. The Court shall order the discharge and exclusion of the said accused from the information. Admission into the Program shall entitle such State Witness to immunity from criminal prosecution for the offense or offenses in which his testimony will be given or used and all the rights and benefits provided under Section 8 hereof.

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Section 13. Failure or Refusal of the Witness to Testify. - Any Witness registered in the Program who fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so, shall be prosecuted for contempt. If he testifies falsely or evasively, he shall be liable to prosecution for perjury. If a State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any condition accompanying such immunity without just cause, as determined in a hearing by the proper court, his immunity shall be removed and he shall be subject to contempt or criminal prosecution. Moreover, the enjoyment of all rights and benefits under this Act shall be deemed terminated. The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage of the proceedings. Section 14. Compelled Testimony. - Any Witness admitted into the Program pursuant to Sections 3 and 10 of this Act cannot refuse to testify or give evidence or produce books, documents, records or writings necessary for the prosecution of the offense or offenses for which he has been admitted into the Program on the ground of the constitutional right against self-incrimination but he shall enjoy immunity from criminal prosecution and cannot be subjected to any penalty or forfeiture for any transaction, matter or thing concerning his compelled testimony or books, documents, records and writings produced. In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or writings, on the ground of the right against self-incrimination, and the state prosecutor or investigator believes that such evidence is absolutely necessary for a successful prosecution of the offense or offenses charged or under investigation, he, with the prior approval of the department, shall file a petition with the appropriate court for the issuance of an order requiring said Witness to testify, give evidence or produce the books, documents, records, and writings described, and the court shall issue the proper order. The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention of the Witness in any jail contiguous to the place of trial or investigation until such time that the Witness is willing to give such testimony or produce such documentary evidence. Section 15. Perjury or Contempt. - No Witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion pursuant to this Act. The penalty next higher in degree shall be imposed in case of conviction for perjury. The procedure prescribed under Rule 71 of the Rules of Court shall be followed in contempt proceedings but the penalty to be imposed shall not be less than one (1) month but not more than one (1) year imprisonment.

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Section 16. Credibility of Witness. - In all criminal cases, the fact of the entitlement of the Witness to the protection and benefits provided for in this Act shall not be admissible in evidence to diminish or affect his credibility. Section 17. Penalty for Harassment of Witness. - Any person who harasses a Witness and thereby hinders, delays, prevents or dissuades a Witness from: (a) attending or testifying before any judicial or quasi-judicial body or investigating authority; (b) reporting to a law enforcement officer or judge the commission or possible commission of an offense, or a violation of conditions or probation, parole, or release pending judicial proceedings; (c) seeking the arrest of another person in connection with the offense; (d) causing a criminal prosecution, or a proceeding for the revocation of a parole or probation; or (e) performing and enjoying the rights and benefits under this Act or attempts to do so, shall be fined not more than Three thousand pesos (P3,000.00) or suffer imprisonment of not less than six (6) months but not more than one (1) year, or both, and he shall also suffer the penalty of perpetual disqualification from holding public office in case of a public officer. Section 18. Rules and Regulations. - The Department shall promulgate such rules and regulations as may be necessary to implement the intent and purposes of this Act. Said rules and regulations shall be published in two (2) newspapers of general circulation. Section 19. Repealing Clause. - All laws, decrees, executive issuances, rules and regulations inconsistent with this Act are hereby repealed or modified accordingly. Section 20. Funding. - The amount of Ten million pesos (P10,000,000.00) is hereby authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated to carry into effect the purpose of this Act. Expenses incurred in the implementation of the Program may be recovered as part of the cost or indemnity imposed upon the accused. Furthermore, other funding schemes or sources, subject to the limitations of the law, shall be allowed in furtherance hereof. Section 21. Separability Clause. - The declaration of unconstitutionality or invalidity of any provision of this Act shall not affect the other provisions hereof.
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Section 22. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in two (2) newspapers of general circulation.

Presidential Decree No. 603, The Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 Art. 192. Suspension of Sentence and Commitment of Youthful Offender. If after hearing the evidence in the proper proceedings, the court should find that the youthful offender has committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court, upon application of the youthful offender if it finds that the best interest of the public as well as that of the offender will be served thereby, may suspend all further proceedings and commit such minor to the custody of care of the Department of Social Welfare, or to any training institution operated by the government or any other responsible person until he shall have reached twenty-one years of age, or for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare or the government training institution or responsible person under whose care he has been committed. Upon receipt of the application of the youthful offender for suspension of his sentence, the court may require the Department of Social Welfare to prepare and submit to the court a social case study report over the offender and his family. The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or government training institution as the court may designate subject to such conditions as it may prescribe. The benefits of this article shall not apply to a youthful offender who has once enjoyed suspension of sentence under its provisions or to one who is convicted of an offense punishable by death or life imprisonment.

Juvenile Justice and Welfare Act of 2006 (R.A. 9344) Section 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a
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barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code". SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. - Upon effectivity of this Act, cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. Such officer, upon thorough assessment of the child, shall determine whether to release the child to the custody of his/her parents, or refer the child to prevention programs as provided under this Act. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released, unless it is contrary to the best interest of the child.

Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly. SEC. 2. In lieu of the death penalty, the following shall be imposed. (a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or (b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the Indeterminate Sentence Law, as amended. SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a week for three consecutive weeks in a newspaper of general circulation of the names of persons convicted of offenses punished with reclusion perpetua or life imprisonment by reason of this Act who are being considered or recommend for commutation or pardon;
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Provided, however, That nothing herein shall limit the power of the President to grant executive clemency under Section 19, Article VII of the Constitutions. _________________________________________________________________ Human Security Act of 2007 (R.A. 9372) SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. -The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official and the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any other suitable ways and means for that purpose, 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. Provided, That 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. SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. - In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided, however, That within three days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately. SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and Records. - The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding, the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or, conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist organization, association, or group of persons; and (3) of a member of such judicially declared and outlawed organization, association, or group of persons, may authorize in writing any police or law enforcement officer and the
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members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and (b) gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or financial institution. The bank or financial institution concerned, shall not refuse to allow such examination or to provide the desired information, when so, ordered by and served with the written order of the Court of Appeals.

Bouncing Checks Law (B.P. 22) ADMINISTRATIVE CIRCULAR NO. 12-2000 February 21, 2001 RE : PENALTY FOR VIOLATION OF B.P. BLG. 22 Section 1 of B.P. Blg. 22 (An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient Funds for Credit and for Other Purposes) imposes the penalty of imprisonment of not less than thirty (30) days but not more than one (1) year or a fine of not less than but not more than double the amount of the check, which fine shall in no case exceed P200,000, or both such fine and imprisonment at the discretion of the court. In its decision in Eduardo Vaca, v. Court of Appeals (G.R. No. 131714, 16 November 1998; 298 SCRA 656, 664) the Supreme Court (Second Division) per Mr. Justice V. Mendoza, modified the sentence imposed for violation of B.P. Blg. 22 by deleting the penalty of imprisonment and imposing only the penalty of fine in an amount double the amount of the check. In justification thereof, the Court said: Petitioners are first-time offenders. They are Filipino entrepreneurs who presumably contribute to the national economy. Apparently, they brought this appeal, believing in all good faith, although mistakenly that they had not committed a violation of B.P. Blg. 22. Otherwise, they could simply have accepted the judgment of the trial court and applied for probation to evade a prison term. It would best serve the ends of criminal justice if in fixing the penalty within the range of discretion allowed by Section 1, par. 1, the same philosophy underlying the Indeterminate Sentence Law is observed, namely, that of redeeming valuable human material and preventing unnecessary deprivation f personal liberty and economic usefulness with due regard to the protection of the social order. In this case, we believe that a fine in an amount equal to double the amount of the check involved is an appropriate penalty to impose on each of the petitioners.

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In the recent case of Rosa Lim v. People of the Philippines (G. R. No. 130038, 18 September 2000), the Supreme Court en banc, applying Vaca also deleted the penalty of imprisonment and sentenced the drawer of the bounced check to the maximum of the fine allowed by B.P. Blg. 22, i.e., P200,000, and concluded that such would best serve the ends of criminal justice. All courts and judges concerned should henceforth take note of the foregoing policy of the Supreme Court on the matter of the imposition of penalties for violations of B.P. Blg. 22. The Court Administrator shall cause the immediate dissemination of this Administrative Circular to all courts and judges concerned. This Administrative Circular, referred to and approved by the Supreme Court en banc, shall take effect upon its issuance.

ADMINISTRATIVE CIRCULAR NO. 13-2001 February 14, 2001. TO : ALL JUDGES SUBJECT : CLARIFICATION OF ADMINISTRATIVE CIRCULAR NO. 12-2000 ON THE PENALTY FOR VIOLATION OF BATAS PAMBANSA BLG. 22, OTHERWISE KNOWN AS THE BOUNCING CHECK LAW. Clarification has been sought by concerned Judges and other parties regarding the operation of Administrative Circular 12-2000 issued on 21 November 2000. In particular, queries have been made regarding the authority of Judges to: 1. Impose the penalty of imprisonment for violations of Batas Pambansa Blg. 22; and 2. Impose subsidiary imprisonment in the event that the accused who is found guilty of violating the provisions of B.P. Blg. 22, is unable to pay the fine which he is sentenced to pay considering that Administrative Circular No. 12-2000 adopted the rulings in Eduardo Vaca v. Court of Appeals (G.R. No. 131714, 16 November 1998, 298
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SCRA 656) and Rosa Lim v. People of the Philippines (G.R. No. 130038, 18 September 2000) as a policy of the Supreme Court on the matter of the imposition of penalties for violations of B.P. Blg. 22, without mentioning whether subsidiary imprisonment could be resorted to in case of the accused's inability to pay the fine. The clear tenor and intention of Administrative Circular No. 12-2000 is not to remove imprisonment as an alternative penalty, but to lay down a rule of preference in the application of the penalties provided for in B.P. Blg. 22. The pursuit of this purpose clearly does not foreclose the possibility of imprisonment for violations of B.P. Blg. 22. Neither does it defeat the legislative intent behind the law. Thus, Administrative Circular No. 12-2000 establishes a rule of preference in the application of the penal provisions of B.P. Blg. 22 such that where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence, the imposition of a fine alone should be considered as the more appropriate penalty. Needless to say, the determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. Should the Judge decide that imprisonment is the more appropriate penalty, Administrative Circular No. 12-2000 ought not be deemed a hindrance. It is, therefore, understood that: 1. Administrative Circular 12-2000 does not remove imprisonment as an alternative penalty for violations of B.P. Blg. 22; 2. The Judges concerned may, in the exercise of sound discretion, and taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, work violence on the social order, or otherwise be contrary to the imperatives of justice; 3. Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application of the Revised Penal Code provisions on subsidiary imprisonment. The issuance of this Administrative Circular was authorized by the Court En Banc in A.M. No. 00-11-01-SC at its session of 13 February 2001.

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