Dangerous Drugs Act (RA No.

9165)
Anti-Trafficking Act (RA 9208)
Child Trafficking
It5 is clear that the accused is not under obligation to return the very same P2
0 money that she received from the complainant, that each bill received must be
identifiable returned. Their transaction is a simple loan, with interest.
If there is no obligation to return the very same thing received, because owners
hip is transferred, there is only civil liability. If the Undersigned were to co
nsidered the allegation in the affidavit complaint the accused received in trus
t (paragraph 2) the money from the private complainant. However, in order that e
stafa can be committed in a trust receipt transaction, under PD 115, there must
be an entrustee with an obligation to deliver to the entruster the price of the
sale, or if the merchandise is not sold, to return the merchandise to the entrus
ter, There are therefore, two obligations in trust receipt transaction: the firs
t refers to the money received under the obligation involving the duty to turn i
t over (entregarla) to the owner of the merchandise sold, while the second refer
es to the merchandise received under the obligation to return it (devolvera) to
the owner. A violation of any of these undertaking constitutes Estafa defeined u
nder Art. 315 opar. 1(b) of the RPC, as provided in Sec. 13 of PD 115. an entrus
tee is only liable for estafa when he FAILS TO TURN OVER THE PROCEEDS OF THE SALE
of the goods covered by a trust receipt to the extent of the amount owning to t
he entruster or as appears in the trust receipt in accordance with the terms agr
eed upon. Art 1953 of the Civil Code
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resident Benigno Aquino III signed the Anti-Bullying Act of 2013 on on 12 Septem
ber 2013. The law (Republic Act No. 10627) is an act requiring schools to adopt
policies to prevent and address all acts of bullying in their institutions. Heres
a primer of the Anti-Bullying Act of 2013:
Does the law impose criminal sanctions on bullies?
No. However, disciplinary actions, possibly including suspension or expulsion, c
ould be imposed pursuant to the rules and regulations that may be issued pursuan
t to the law. The bully is also required to go through a rehabilitation program.
The principal or responsible officer may also notify the police or other law en
forcement agencies if he/she believes that criminal charges under the Revised Pe
nal Code may be pursued against the bully.
What is bullying?
Bullying refers to any severe or repeated use by one or more students of a writt
en, verbal or electronic expression, or a physical act or gesture, or any combin
ation thereof, directed at another student that has the effect of actually causi
ng or placing the latter in reasonable fear of physical or emotional harm or dam
age to his property; creating a hostile environment at school for the other stud
ent; infringing on the rights of the other student at school; or materially and
substantially disrupting the education process or the orderly operation of a sch
ool; such as, but not limited to, the following:
a. Any unwanted physical contact between the bully and the victim like punching,
pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pra
nks, teasing, fighting and the use of available objects as weapons;
b. Any act that causes damage to a victims psyche and/or emotional well-being;
c. Any slanderous statement or accusation that causes the victim undue emotional
distress like directing foul language or profanity at the target, name-calling,
tormenting and commenting negatively on victims looks, clothes and body; and
d. Cyber-bullying or any bullying done through the use of technology or any elec
tronic means.
What educational institutions are covered by the Anti-Bullying Act of 2013?
The law covers all elementary and secondary schools, both public and private. Sc
hools are required to adopt policies to address the existence of bullying in the
ir respective institutions. These policies shall include a number of required pr
ovisions, including:
(a) Prohibit the following acts:
(1) Bullying on school grounds; property immediately adjacent to school grounds;
at school-sponsored or school-related activities, functions or programs whether
on or off school grounds; at school bus stops; on school buses or other vehicle
s owned, leased or used by a school; or through the use of technology or an elec
tronic device owned, leased or used by a school;
(2) Bullying at a location, activity, function or program that is not school-rel
ated and through the use of technology or an electronic device that is not owned
, leased or used by a school if the act or acts in question create a hostile env
ironment at school for the victim, infringe on the rights of the victim at schoo
l, or materially and substantially disrupt the education process or the orderly
operation of a school; and
(3) Retaliation against a person who reports bullying, who provides information
during an investigation of bullying, or who is a witness to or has reliable info
rmation about bullying;
(b) Identify the range of disciplinary administrative actions that may be taken
against a perpetrator for bullying or retaliation which shall be commensurate wi
th the nature and gravity of the offense.
Is anonymous reporting allowed?
Yes. The implementing rules must provide for a mechanism for anonymous reporting
. However, no disciplinary administrative action shall be taken against a perpet
rator solely on the basis of an anonymous report. Proper investigation must be c
onducted.
What if the accusation of bullying is false?
The rules to be issued pursuant to the Anti-Bulling Act of 2013 must include a p
rovision subjecting a student who knowingly makes a false accusation of bullying
to disciplinary administrative action.