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DEATH PENALTY LAW

(RA 7659)
December 31, 1993

Heinous Crimes, as indirectly defined: The crimes punishable by death are


heinous for being grievous, odious and hateful offenses and which, by reason
of their inherent or manifest wickedness, viciousness, atrocity and perversity
are repugnant and outrageous to the common standards and norms of
decency and morality in a just, civilized and ordered society
Two Instances When Death May Be Imposed (In construing R.A. No.
7659 in pari materia with the RPC) When:
1. Aggravating circumstances attend the commission of the crime as to
make operative the provision imposing the maximum penalty; and
2. Other circumstances attend the commission of the crime which
indubitably characterize the same as heinous in contemplation of
R.A. No. 7659
Justification for the Imposition of the Death Penalty
- Today every man or woman is both an individual person with
inherent human rights recognized and protected by the state and a
citizen with the duty to serve the common weal and defend and
preserve society.
- The legislative arm of government enacts criminal laws that define
and punish illegal acts that may be committed by its own subjects,
the executive agencies enforce these laws, and the judiciary tries and
sentences the criminals in accordance with these laws.
The Death Penalty is NOT a Cruel and Unusual Punishment It is
Neither Unjust nor Excessive.
- Punishments are cruel when they involve torture or a lingering death,
but the punishment of death is not cruel, within the meaning of that
word as used in the constitution. It implies there something inhuman
and barbarous, something more than the mere extinguishment of life.
Note: As long as that penalty remains in the statute books, and as long as our
criminal law provides for its imposition in certain cases, it is the duty of
judicial officers to respect and apply the law regardless of their private
opinions.

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

Death Penalty is NOT abolished but MERELY SUSPENDED


- There is really nothing in the Constitution which expressly declares
the abolition of the death penalty.
- The provision merely says that the death penalty shall not be
imposed UNLESS for compelling reasons involving heinous
crimes the Congress hereafter provides for it and, if already
imposed, shall be reduced to reclusion perpetua.
Why Capital Punishment Should Not Be Abolished:
- It is infinitely less repulsive than the acts which invoke it.
- If we are to preserve the humane society we will have to retain
sufficient strength of character and will to do the unpleasant in order
that tranquility and civility may rule comprehensively.
Courts Should Not Be Concerned About the Wisdom, Efficacy or
Morality of Laws
- That question falls exclusively within the Legislature which enacts
them and the Chief Executive who approves or vetoes them. The
only function of the judiciary is to interpret the laws and, if not in
disharmony with the Constitution, to apply them. Judges may only
recommend to the authority or department concerned.
Why Death Penalty is Imposed on Heinous Crimes
- Because the perpetrators have committed unforgivably execrable acts
that have so deeply dehumanized a person or criminal acts with
severely destructive effects on the national efforts to lift the masses
from abject poverty through organized governmental strategies based
on a disciplined and honest citizenry, and
- Because they have so caused irreparable and substantial injury to
both their victim and the society and a repetition of their acts would
pose actual threat to the safety of individuals and the survival of
government, they must be permanently prevented from doing so.
Crimes Punishable By Reclusion Perpetua to Death under RA 7659:
(1) Treason
(2) Qualified piracy
(3) Parricide
(4) Murder
(5) Infanticide
(6) Kidnapping and serious illegal detention if attended by any of the
following four circumstances:
(a) The victim was detained for more than three days;

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(b) It was committed simulating public authority;


(c) Serious physical injuries were inflicted on the victim or threats to
kill him were made; and
(d) If the victim is a minor, except when the accused is any of the
parents, female or a public officer
(7) Robbery with homicide, rape or intentional mutilation
(8) Destructive arson if what is burned is:
(a) One or more buildings or edifice;
(b) A building where people usually gather;
(c) A train, ship or airplane for public use;
(d) A building or factory in the service of public utilities;
(e) A building for the purpose of concealing or destroying evidence
Or a crime;
(f) An arsenal, fireworks factory, or government museum;
(g) A storehouse or factory of explosive materials located in an
inhabited place; or regardless of what is burned, if the arson is
perpetrated by two or more persons
(9) Rape attended by any of the following circumstances:
(a) The rape is committed with a deadly weapon;
(b) The rape is committed by two or more persons; and
(c) The rape is attempted or frustrated and committed with homicide
(10)
Plunder involving at least P50 million
(11)Importation of prohibited drugs
(12)
Sale, administration, delivery, distribution, and
transportation of
prohibited drugs
(13)
Maintenance of den, dive or resort for users of prohibited drugs
(14)
Manufacture of prohibited drugs
(15)
Possession or use of prohibited drugs in certain specified amounts
(16)
Cultivation of plants which are sources of prohibited drugs
(17)
Importation of regulated drugs
(18)
Manufacture of regulated drugs
(19)
Sale, administration, dispensation, delivery, transportation, and
distribution of regulated drugs
(20)
Maintenance of den, dive, or resort for users of regulated drugs
(21)
Possession or use of regulated drugs in specified amounts
(22)
Misappropriation, misapplication or failure to account dangerous
drugs confiscated by the arresting officer
(23)
Planting evidence of dangerous drugs in person or immediate
vicinity of another to implicate the latter and
(24)
Carnapping where the owner, driver or occupant of the carnapped
motor vehicle is killed or raped

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

Mandatory Crimes Punishable By Mandatory Death Penalty under RA


7659
1. Qualified Bribery
- If a public officer refrains from arresting or prosecuting an offender
who has committed a crime punishable by reclusion perpetua and/or
death in consideration of any offer, promise, gift or present:
o Penalty: Penalty for the offense which was not prosecuted.
- If it is the public officer who asks or demands such gift or present:
o Penalty: Death.
2. Kidnapping and serious illegal detention
- When the kidnapping or detention was committed for the purpose of
ransom from the victim or any other person, even if none of the
circumstances were present in the commission of the offense.
Circumstances:
a. Detention shall have lasted more than three days.
b. Committed simulating public authority.
c. Serious physical injuries shall have been inflicted upon the
person kidnapped or detained; or if threats to kill him shall have
been made.
d. The person kidnapped or detained shall be a minor, except when
the accused is any of the parents, female or a public officer.
- When the victim is killed or dies as a consequence of the detention or
is raped, or is subject to torture or dehumanizing acts death shall
also be imposed
Notes:
A Person May be Convicted of Grave Coercion Although the Charge
is Kidnapping
- When the information contains sufficient allegations constituting
grave coercion and the elements of which were sufficiently proved
by the prosecution Grave Coercion may be the crime imposed.
- Elements of Grave Coercion
a.
b.
c.

That any person is prevented by another from doing something not


prohibited by law, or compelled to do something against his or her will,
be it right or wrong;
That the prevention or compulsion is effected by violence, either by
material force or such a display of it as would produce intimidation
and, consequently, control over the will of the offended party; and
That the person who restrains the will and liberty of another has no
right to do so or, in other words, that the restraint is not made under
authority of a law or in the exercise of any lawful right.

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In Kidnapping Actual Detention or Locking Up is an Essential


Element. There being no actual detention or confinement, the
accused may be convicted only of grave coercion if the elements are
met.

3. Destructive arson resulting in death


4. Rape with the victim becoming insane, rape with homicide and
qualified rape
d. When by reason or on the occasion of the rape, the victim has
become insane
e. When the victim is under 18 and the offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the parent or the
victim.
f. When the victim is under the custody of the police or military
authorities.
g. When the rape is committed in full view of the husband, parent, any
of the children or other relatives within the third degree of
consanguinity.
h. When the victim is a religious or a child below 7
i. When the offender knows that he is afflicted with AIDS.
j. When committed by any member of the AFP or the PNP or any law
enforcement agency.
k. When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation." (Sec. 11 )
Notes:
- Prostitutes can be a victim of rape
- When Relationship is NOT an Alternative Circumstance Under
Art 15 of the RPC
o Art 15: Alternative circumstances are those which must be
taken into consideration as aggravating or mitigating
according to the nature and effects of the crime.
o The father-daughter relationship in rape or acts of
lasciviousness cases has been treated by Congress in the
nature of a special circumstance which makes the imposition
of the death penalty mandatory.
o Hence, relationship under Art 15 of the RPC, appreciated as
an aggravating circumstance, should no longer be applied. If
relationship were to be appreciated, the penalty imposable on

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

accused then would not be death, but merely reclusion


perpetua.
When the Offender is a Step Grandparent He is not
Considered an Ascendant
o A step-grandparent is obviously neither an "ascendant" nor a
"step-parent" of the victim.
o Penal statutes are to be liberally construed in favor of the
accused. Court's must not bring cases within the provision of
a law which are not clearly embraced by it.

2. In all the crimes in RA. No. 7659 in their qualified form


- When in the commission of the crime, advantage was taken by the
offender of his public position (Death shall be imposed regardless of
mitigating circumstances)
- When the offense was committed by any person who belongs to an
organized/syndicated crime group - death penalty shall be imposed.
Organized/Syndicated Crime Group, defined: A group of two or more
persons collaborating, confederating or mutually helping one another for
purposes of gain in the commission of any crime.
----------Reclusion Perpetua is Lighter than Life Imprisonment.
- Since reclusion perpetua is a lighter penalty than life imprisonment,
and considering the rule that criminal statutes with a favorable effect
upon the accused have, as to him, a retroactive effect, the penalty
imposable upon the accused should be reclusion perpetua and not
life imprisonment.
Reason for Duration of Reclusion Perpetua of 30 or 40 Years
- The duration of 30 years is only to serve as the basis for determining
the convict's eligibility for pardon or for the application of the threefold rule in the service of multiple penalties.
When the Penalty As Amended By RA 7659 is NOT Favorable to the
Accused the Old Penalty Should Be Retained
- RA 7659 amended the provisions of RA 6425, increasing the
imposable penalty. Such penalty is not favorable to the appellant and
should not be given retroactive effect.
- Robbery with Homicide and Robbery with Rape as Amended By RA
7659 CANNOT Be Applied Retroactively for being Ex Post Facto.

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To do so would be to subject the accused to the death penalty which


could not have been constitutionally imposed by the court a quo
under the law in effect at the time of the commission of the offenses
Provisions of R.A. No. 7659 which are favorable to the accused shall
be given retroactive effect pursuant to Article 22 of the RPC.

Date of Effectivity of RA 7659 and Scope


- Republic Act No. 7659 took effect on 31 December 1993.
- The law only applies to crimes defined therein, including rape, which
were committed after its effectivity.
- It cannot be applied retroactively because, to do so, would go against
the constitutional prohibition on ex post facto laws.
- For this reason, in order for the death penalty to be imposable, it is
incumbent upon the prosecution to establish beyond a shadow of
doubt that the case of the accused is already covered by Republic Act
No. 7659.
Why Rape is a Heinous Crime
- It is the forcible violation of the sexual intimacy of another person.
- It does injury to justice and charity.
- It deeply wounds the respect, freedom, and physical and moral
integrity to which every person has a right.
- It causes grave damage that can mark the victim for life.
- It is always an intrinsically evil act . . . an outrage upon decency and
dignity that hurts not only the victim but the society itself.
[Additional Notes Included By Judge Pimentel Under This Topic]
Ex Post Facto Law, defined:
- That which makes criminal an act before the passage of the law and
which was innocent when done, and punishes such an act;
- That which aggravates a crime, or makes it greater than it was, when
committed;
- That which changes the punishment and inflicts a greater punishment
than the law annexed to the crime when committed;
- That which alters the legal rules of evidence, and authorizes conviction
upon less or different testimony than the law required at the time of the
commission of the offense;
- That which imposes a penalty or deprivation of a right for something
which when done was lawful; and

That which deprives person accused of a crime of some lawful


protection to which he has become entitled, such as the protection of a
former conviction or acquittal, or a proclamation of amnesty.
AGGRAVATING CIRCUMSTANCES

Dwelling as an Aggravating Circumstance


- Ratio: Because primarily of the sanctity of privacy the law accords to
human abode.
- The dwelling need not be owned by the victim. They can be mere guests
of a house.
o One does not lose his right of privacy where he is offended in
the house of another because an invited guest or a housemaid is
sheltered by the same roof and protected by the same intimacy
of life it affords.
o It is, even for a brief moment, "home" to him and is entitled to
respect. (Pp v. Alfeche)
In Robbery With Homicide Effect of the Number of Persons Killed:
- Does NOT alter characterization of the offense
- BUT can be appreciated as an aggravating circumstance
When Abuse of Superior Strength is Present
- To appreciate abuse of superior strength as an aggravating circumstance,
what should be considered is not that there were 3, 4 or more assailants
of 1 victim, BUT whether the aggressors took advantage of their
combined strength in order to consummate the offense.
- If such was not alleged in the Information, abuse of superior strength
can only be considered as a generic aggravating circumstance.
Use of Motor Vehicle as Qualifying Aggravating Circumstance
- The use of a motor vehicle qualifies the killing to murder if the same
was perpetrated by means thereof.
Elements of Evident Premeditation
1. The time when the offender determined to commit the crime;
2. An act manifestly indicating that the offender had clung to his
determination; and
3. Sufficient lapse of time between the determination and the execution to
allow the offender to reflect on the consequences of his act.
When Nighttime is Aggravating

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

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Nighttime must have specially been sought to consummate the crime,


facilitate its success or prevent recognition of the felon.

When Treachery is Present


- 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 specifically to insure its execution without risk
to himself arising form the defense which the offended party might
make.
- Ex. When the victim was already rendered completely helpless and
defenseless when he was stabbed; When he had absolutely no means of
defending himself.
- Frontal attack would amount to treachery if the weapon was hidden
from the victim. The attack having been frontal, this does not negate
treachery since the essence of treachery is the suddenness and
unexpectedness of the attack, giving the victim no opportunity to repel it
or offer any defense of his person.
Note: Abuse of superior strength is absorbed in treachery.
Period When Bail is Effective After Conviction in Lower Courts
- The bail bond that the accused previously posted can only be used
during the 15-day period to appeal and not during the entire period of
appeal.
- Moreover, under the present rule, for the accused to continue his
provisional liberty on the same bail bond during the period to appeal,
consent of the bondsman is necessary

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

ACT PROHIBITING THE DEATH PENALTY LAW


(RA 9346)
June 24, 2006

Sec 1: The imposition of the penalty of death is hereby PROHIBITED.


- Laws Repealed By This Act:
1. RA 8177: Act Designating Death by Lethal Injection
2. RA 7659 Death Penalty Law,
3. All other laws, EOs and decrees, insofar as they impose the death
penalty
Sec 2. In lieu of the death penalty, the ff shall be imposed:
1. Reclusion perpetua - When the law violated makes use of the
nomenclature of the penalties of the RPC; or
2. Otherwise, the penalty to be imposed is Life imprisonment
Sec 3. Persons NOT Eligible for Parole under the Indeterminate
Sentence Law:
1. Persons convicted of offenses punished with reclusion perpetua, OR
2. Whose sentences will be reduced to reclusion perpetua, by reason of
this Act
Sec 4. The Board of Pardons and Parole shall cause the publication:
- at least once a week for 3 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;
Note: Nothing herein shall limit the power of the President to grant executive
clemency

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AN ACT PREVENTING AND PENALIZING CARNAPPING


RA 6539

Sec 2. Definition of terms.


"Carnapping" is:
- 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" (MV): Any vehicle propelled by any power other than
muscular power using the public highways,
- EXC: Road rollers, trolley cars, street-sweepers, sprinklers, lawn
mowers, bulldozers, graders, fork-lifts, 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 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.

1. Register with the LTO:


- the MV engine, engine block and chassis (EEBC)
- in his name or in the name of the real owner who shall be readily
available to answer any claim over such vehicle or part.
2. Owners are also required to register their cars with the local police
without paying any charges.
Effect of Non-Registration: Such vehicle or part thereof shall be considered
as untaxed importation or coming from an illegal source or carnapped, and
shall be confiscated in favor of the Government.
Sec 4. The LTO shall keep a permanent registry of MV-EEBC:
- Specifying their type, make and serial numbers and the names and
addresses of their present and previous owners.
- Copies of the registry and of all entries made thereon shall be
furnished the Philippine Constabulary and all LTO branches.
Sec 5. Every sale, transfer, conveyance, substitution or replacement of a
MV-EEBC shall be registered with the LTO.
Effect of Non-Registration: MVs assembled and rebuilt or repaired by
replacement with non-registered MV-EEBCs:
- shall not be issued certificates of registration and
- shall be considered as untaxed imported MVs or motor vehicles
carnapped or proceeding from illegal sources.
Sec 6. Original Registration of motor vehicles.

Note: The definitions of the following terms are removed since I dont think
theyre important. Please refer to the law if you want to know what these
terms mean:
- "Defacing or tampering with"
- "Repainting"
- "Body-building"
- "Remodeling"
- "Dismantling"
- "Overhauling"

Any person seeking the original registration of a motor vehicle shall:


- w/in 1 week after the completion of the assembly or rebuilding job or
the acquisition from the registered owner
- apply to the Philippine Constabulary (PC) for clearance of the motor
vehicle for registration with the LTO
The PC shall verify if the motor vehicle or its parts are in the list of
carnapped motor vehicles or stolen motor vehicle parts.
- If not in that list, the PC shall issue a certificate of clearance.
The LTO shall Register the MV: Upon presentation of the certificate of
clearance and after verification of the registration of the motor vehicle EEBC
in the permanent registry

Sec 3. Requirement of Registration: Every owner OR possessor of


unregistered MV or parts thereof in knock down condition shall:

Sec 7. Duty of Collector of Customs of a principal port of entry where an


imported MV, MV-EEBC or body is unloaded:

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

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1. W/in 7 days after its arrival, make a report of the shipment to the
LTO
2. If the MV-EEBC or body does not bear any serial number, he shall
hold them until it is numbered by the LTO.

Sec 8. Duty of importers, distributors and sellers of motor vehicles:


1. Keep a permanent record of his stocks (Stating: their type, make
and serial numbers, and the names and addresses of the original
sellers and the buyers) and
2. Render an accurate monthly report of his transactions to the LTO
Sec 9. Duty of manufacturers of engine blocks, chassis or body:
1. Cause the numbering of every engine block, chassis or body
manufactured for the purpose of uniformity and identification of the
factory and
2. Submit to the LTO a monthly report of the manufacture and sale of
engine blocks, chassis or body.
Sec 10. Clearance and permit are required for any assembly or rebuilding
of MVs.
Certificate of Clearance Issued By: The Philippine Constabulary:
Requirements for Issuance of Clearance:
1. A statement under oath containing the type, make and serial numbers
of the engine, chassis and body, if any, and
2. The complete list of the spare parts of the MV to be assembled or
rebuilt together with the names and addresses of the sources thereof.
Note: In the case of MV 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
Sec 11. Clearance is required for shipment of motor vehicles, motor vehicle
engines, engine blocks, chassis or body.
- Any person who owns or operates inter-island shipping or any water
transportation with launches, boats, vessels or ships
- Shall w/in 7 days, submit a report to the Philippine Constabulary on
all MV, MV-EEBC or bodies transported by it

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

Sec 12. 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.
Sec 13. Penal Provisions. For Violations of Any Provisions of this Act:
- Imprisonment: not less than 2 years nor more than 6 years and a
- Fine: Equal in amount to the acquisition cost of the MV, MV engine
or any other part involved in the violation:
IF offender is a juridical person:
- Penalty imposed on its president or secretary and/or members of the
board of directors or any of its officers and employees who may have
directly participated in the violation.
IF offender is a government official or employee who:
o directly commits the unlawful acts defined in this Act or
o is guilty of gross negligence of duty or
o connives with or permits the commission of any of the said
unlawful act shall,
- in addition to the penalty prescribed above, shall be
o dismissed from the service with prejudice to his
reinstatement and
o disqualified from voting or being voted for in any election
and from appointment to any public office.
Section 14. Penalty for Carnapping.
Irrespective of the value of MV taken, be punished by:
Imprisonment
Manner of Commission
Not less than 14 years and 8 Committed w/o violence or intimidation of
months and Not more than
persons, or force upon things
17 years and 4 months
Not less than 17 years and 4 Committed by means of violence against or
months and not more than
intimidation of any person, or force upon
30 years
things
life imprisonment to death
When the owner, driver or occupant of the
carnapped motor vehicle is killed in the
commission
Sec 15. Aliens convicted shall be deported immediately after service of
sentence without further proceedings by the Deportation Board.

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Sec 16. Reward. - Any person who voluntarily gives information leading to
the recovery of carnapped vehicles and for the conviction of the persons
charged shall be given reward money as the Philippine Constabulary may fix.
Note: Any information given by informers shall be treated as confidential
matter.

ACT PENALIZING THE CRIME OF PLUNDER


(RA. 7080)
July 12, 1991
Sec 1. Definition of Terms
Public Officer means any person holding any public office in the Govt of
the RP by virtue of an appointment, election or contract.
Government includes the National Government, and any of its subdivisions,
agencies or instrumentalities, including GOCCs and their subsidiaries.
Person includes any natural or juridical person, unless the context indicates
otherwise.
Ill-gotten wealth means:
- Any asset, property, business enterprise or material possession of any
person
- Acquired by him directly or indirectly through dummies, nominees,
agents, subordinates and/or business associates
- 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 Govt or any of its subdivisions, agencies or
instrumentalities or GOCCs and their subsidiaries;

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

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
RP
Sec 2. Plunder, defined: 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 or criminal acts provided
- In the aggregate amount of at least 75M
Penalty: Life imprisonment with perpetual absolute disqualification from
holding any public office.
- All ill-gotten wealth and interests, investments and other incomes
and assets therein shall be forfeited in favor of the State.
Factors to be considered in the imposition of penalties:
- Degree of participation
- Attendance of mitigating and extenuating circumstances
Persons Liable: Public officer who commits plunder AND any person who
participated in such crime.
Sec 3. Competent Court: The Sandiganbayan shall have original jurisdiction
for all prosecutions under this Act, unless otherwise provided by law
Sec 4. Rule of Evidence to Prove Plunder:
- It is not 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 is sufficient to establish beyond reasonable doubt a PATTERN of
overt or criminal acts indicative of the overall unlawful scheme or
conspiracy.
Sec 5. If prosecution under a VALID information in whatever stage of
execution and mode of participation, is pending in court: The Public Officer
shall be suspended from office.

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- If he is convicted by final judgment: He shall lose all retirement or


gratuity benefits under any law,
- If he is acquitted: He shall be entitled to reinstatement and to the
salaries and other benefits which he failed to receive during suspension,
UNLESS in the meantime, administrative proceedings have been filed
against him.
Sec 6. Prescription: The crime of plunder shall prescribe in 20 years.
- HOWEVER, the right of the State to recover properties unlawfully
acquired by public officers from them or from their nominees or
transferees shall not be barred by prescription, laches, or estoppel.
ANTI-MONEY LAUNDERING ACT OF 2001
(AMLA)
RA NO. 9160
NOTE: I just copied and pasted my notes from the banking elective I
took last semester thats why the format here is different. I removed
some parts of my old notes that are really not relevant. It is based on
Atty Dys outline. Sorry, dont have time to make notes here.
I.

II.

Declared Policy
- To protect and preserve the integrity and confidentiality of bank
accounts and
- To ensure that the RP shall not be used as a money laundering site
for the proceeds of any unlawful activity.
Covered Transactions:

"Covered transaction" is a single, series, or combination of transactions


involving a total amount in excess of 4M pesos or an equivalent amount in
foreign currency (This has already been amended)
Rule Now: What is now covered is a transaction, in cash or other equivalent
monetary instrument in excess of P500,000 within 1 banking day
III.

Suspicious Transactions: Transaction with Covered Institution,


regardless of amount involved, where any of the enumerated
suspicious circumstances exist:
1. There is no underlying legal or trade obligation, purpose or economic
justification
2. Client is not properly identified

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

3. The amount involved is not commensurate with the business or


financial capacity of the client
4. Clients transaction is structured in order to avoid being the subject of
reporting requirements
5. Circumstances observed to deviate from the profile of the client and/or
the clients past transactions with the covered institution
6. The transaction is any way related to an unlawful activity or offense
7. Any transaction that is similar or analogous to any of the above
In short: depositor has no reason to deposit that kind of amount
IV.

Covered Institutions
a. Banks and other entities, their subsidiaries and affiliates,
supervised/regulated by BSP
b. Insurance companies and other entities supervised/regulated by
Insurance Commission
c. SEC supervised/regulated entities

V. Obligations of Covered Institutions: Prevention of Money Laundering;


Customer Identification Requirements and Record Keeping
a. Customer Identification: Establish and record, and maintain a
system of verifying true identities of clients, including legal
existence and organizational structure of corporate clients, and their
representatives, based on official documents
b. Record Keeping: All records of all transactions of covered
institutions shall be maintained and safely stored for 5 years
c. Reporting of Covered and Suspicious Transactions: Report
Covered Transactions and Suspicious Transactions to AMLC, within
5 working days from occurrence, which shall not violate the Law on
Secrecy of Bank Deposits, FCDA, and GBL
VI. Money-Laundering Crime:
- Committed when the proceeds of an Unlawful Activity are transacted
to make them appear to have originated from legitimate sources, by
the following acts:
It is committed by:
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 transact said monetary instrument or
property.

9|Patio, Erica

b. Any person knowing that any monetary instrument or property


involves the proceeds of any unlawful activity (see enumeration
below), performs or fails to perform any act as a result of which he
facilitates 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.
Stated Simply:
a. Transacting or attempting to transact, with monetary instrument or
property, knowing it represents, involves, or relates to proceeds of
any Unlawful Activity
b. Facilitating money-laundering referred to in Item (a) above, by
failing to perform an act
c. Failing to disclose and file report with AMLC of any monetary
instrument or property as required under AMLA
VII. Unlawful Activities: Act or omission or series or combination thereof,
involving or having relation to the crimes enumerated
(1) Kidnapping for ransom
(2) Sections of the Dangerous Drugs Act
(3) Paragraphs of the Anti-Graft and Corrupt Practices Act;
(4) Plunder
(5) Robbery and extortion
(6) Jueteng and Masiao punished as illegal gambling
(7) Piracy on the high seas
(8) Qualified theft
(9) Swindling
(10) Smuggling
(11) Violations under the Electronic Commerce Act of 2000;
(12) Hijacking, destructive arson and murder, including those perpetrated by
terrorists against non-combatant persons and similar targets;
(13) Fraudulent practices and other violations under the Securities Regulation
Code of 2000;
(14) Felonies or offenses of a similar nature
VIII.

Jurisdiction: Regional Trial Court/Sandiganbayan

GR:
RTC has jurisdiction to try all cases on money laundering.
EXC: Sandiganbayan for those committed by public officers and private
persons who are in conspiracy with such officers

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

IX.

Prosecution
Any person may be charged with and convicted of BOTH the offense
of money laundering and the unlawful activity as herein defined.
- Provided, That the proceeding relating to the unlawful activity shall
be given precedence w/out prejudice to the freezing and other
remedies provided.
-

X.

Prohibition against Political Harassment


- The AMLA law shall not be used for political persecution or
harassment or as an instrument to hamper competition in trade and
commerce
- No case for money laundering may be filed and no assets shall be
frozen or forfeited against a candidate during an election period

XI.

Penalties and Other Consequences

A.

Penalties:

1. Money laundering: Imprisonment and fine


2. Failure to keep records: Imprisonment and fine
3. Malicious reporting: Any person who w/ malice reports or files a
completely unwarranted or false information relative to money
laundering transaction against any person
Penalty: Imprisonment and fine
If the offender is a juridical person:
- Penalty shall be imposed upon the responsible officers, as the case
may be, who participated in the commission of the crime or who
shall have knowingly permitted or failed to prevent its commission.
- The court may also suspend or revoke its license.
If the offender is an alien:
- He shall, in addition to the penalties herein prescribed, be deported
without further proceedings after serving the penalties herein
prescribed.
If the offender is a public official or employee:
- He shall, in addition to the penalties prescribed herein, suffer
perpetual or temporary absolute disqualification from office, as the
case may be;
- If he is called upon to testify and refuses to do the same or purposely
fails to testify he shall suffer the same penalties prescribed herein.
4.
Breach of confidentiality: Imprisonment and fine
B.

Forfeiture

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(a) Civil Forfeiture. - When there is a covered transaction report made and
the court has ordered seizure of any monetary instrument or property, the
RPC on civil forfeiture shall apply.
(b) Claim on Forfeited Assets. - Where the court has issued an order of
forfeiture, the offender or any other person claiming an interest may apply:
- for a declaration that the same legitimately belongs to him and
- for segregation or exclusion of the monetary instrument or property
corresponding thereto.
(c) Payment in Lieu of Forfeiture. - Where the court has issued an order of
forfeiture and said order cannot be enforced because:
- any property cannot, with due diligence, be located, or
- it has been substantially altered, destroyed, diminished in value
- or it has been concealed, removed, converted or otherwise
transferred
- or it is located outside the Philippines or
- outside the jurisdiction of the court, or
- it has been commingled with other monetary instruments or property
the court may order the convicted offender to pay an amount equal to the
value of said monetary instrument or property.
Case: Republic v. Glasgow Credit and Collection Services, Inc.: A criminal
conviction for an unlawful activity is not a prerequisite for the institution of a
civil forfeiture proceeding a finding of guilt for an unlawful activity is not
an essential element of civil forfeiture. Forfeiture proceedings are actions in
rem service may be made by publication.
XII. Freezing of Accounts:
Issued by Court of Appeals upon ex-parte application of AMLC after
determination of probable cause that monetary instrument or property is in
any way related to Unlawful Activity, for 20 days unless extended
The AMLC may issue a freeze order:
- which shall be effective immediately, for a period NE 15 days.
- The depositor shall have 72 hrs upon receipt of to explain why the freeze
order should be lifted.
- The AMLC has 72 hrs to act on it. If it fails, freeze order shall
automatically be dissolved.
- The freeze order may be extended upon order of the court, provided that
the 15 day period shall be tolled pending the decision to extend

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

No court shall issue a TRO or injunction against any freeze EXC the CA
or the SC

Case: Republic v. Eugenio: A freeze order is an extraordinary provisional


relief which the AMLC may avail of to effectively combat and prosecute
money laundering offenses. It may be issued ex parte.

XIII.

Examination of Accounts

a. Upon order of a competent court in cases of violation of the AMLA


where there is probable cause of money laundering, except that no court
order is required in cases of kidnapping for ransom, drug trafficking,
hijacking, destructive arson and murder, including those perpetrated by
terrorists against non-combatants and similar targets.
b. BSP inquiry into or examination of deposits or investments with any
bank, when the inquiry or examination is made in the course of the BSPs
periodic of special examination of said bank to ensure compliance with
AMLA
XIV.

AMLC; Composition and Powers

The Anti-Money Laundering Council (AMLC). composed of:


- the Governor of the BSP as chairman, the
- Comm of the Insurance Commission and the Chairman of the SEC as
members
Powers:
(1) To require/receive covered transaction reports
(2) To issue orders to determine the true identity of the owner
(3) To institute civil forfeiture proceedings and other remedial proceedings
through the Sol Gen;
(4) To cause the filing of complaints with the DOJ or the Ombudsman
(5) To initiate investigations
(6) To freeze any monetary instrument or property
(7) To implement such measures as may be necessary and justified
(8) To receive and take action on any request from foreign states for
assistance
(9) To develop educational programs, the methods, means of preventing
money laundering

11 | P a t i o , E r i c a

(10) To enlist the assistance of any office of the government in undertaking


any anti-money laundering operation

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.
Drug Syndicate Any organized group of 2 or more persons forming or
joining together with the intention of committing any offense prescribed
under this Act.

DANGEROUS DRUG ACT OF 2002


(RA No. 9165)
Definition of Terms:
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, relabeling or
concealment of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front companies or mail
fraud.
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 any unauthorized 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.
Controlled Precursor and Essential Chemicals Includes 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 this Act.
Drug Dependence As based on the WHO 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

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

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.
Protector/Coddler Any person who knowingly and willfully consents to the
unlawful acts provided for in this 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 ground to believe on or suspects, has
violated the provision of this Act in order to prevent the arrest, prosecution
and conviction of the violator.
Pusher Any person who sells, trades, administers, dispenses, delivers, or
gives away to another, on any terms whatsoever, or distributes, dispatches in
transit or transports dangerous drugs or who acts as a broker in any of such
transaction, in violation of this Act.
Planting of evidence the willful act by 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
this Act.
Significant Provisions Amended in R.A. 6425
1. Under the new law, there is no more distinction between prohibited drug
and regulated drugs and/or controlled precursors and essential chemicals
2. The penalties were changed
3. In planting evidence any person now maybe held liable. Before, only law
enforcement agents may be held liable
4. The provisions of the RPC have NO suppletory effect except for minors
who may be sentenced to reclusion perpetua.

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New Kinds of Drugs that are Included in R.A. 9165


- Methylenedioxymethamphetamine (MDMA Ecstasy including any
of its isomers or derivatives in any form.
- 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 requirement.

7.
8.
9.
10.
11.

1.

2.
3.

4.

5.

6.

Acts Punishable Under the Law


Importation of
a. 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 thereform even for floral, decorative and culinary
purposes.
b. Any controlled precursor and essential chemical.
c. Of a and b through the use of a diplomatic passport, diplomatic
facilities or any other means involving his/her official status
intended to facilitate the unlawful entry.
Organizing, managing, or acting as a financier of any of the
illegal activities penalized under Section 4 of the Law.
Acting as protector/coddler of:
a. Anyone who violates Section 4 of the Law.
b. Any violator of Sec. 5.
c. Any violator of Sec. 8
d. A maintainer of a Den, Dive, or Resort
Sale, trading, administration, dispensation, distribution and
transportation:
a. Of dangerous drugs, regardless of quantity and purity involved, or
acting as a broker in any of such transactions.
b. Of any controlled precursor and essential chemical, or acting as a
broker in such transaction.
Use by drug pushers of minors or mentally incapacitated
individuals as runners, couriers and messengers, or in any other
capacity directly connected to the trade of dangerous drugs and/or
controlled precursor and chemicals.
Maintenance of a Den, Dive or Resort:

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

12.
13.
14.
15.
16.
17.

a. Where any dangerous drug is used or sold in any form.


b. Where any controlled precursors and essential chemical is used or
sold in any form.
Employees and Visitors of a Den, Drive, or Resort
Manufacture of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals
Illegal Chemical Diversion of Controlled Precursor and Essential
Chemicals.
Manufacture or Delivery of Equipment, Instrument, Apparatus,
and other Paraphernalia for Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
Possession
a. Of Drugs.
b. Of equipment, Instrument, Apparatus, and Other Paraphernalia for
Dangerous Drugs
c. Of Dangerous Drugs During Parties, Social Gathering or Meetings.
d. Of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs during Parties, Social Gathering or Meetings.
Use of Dangerous Drugs.
Cultivation or Culture of Plants Classified as Dangerous Drugs or
are Sources thereof.
Maintenance and keeping of Original Records of Transaction on
Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals
Unnecessary Prescription of Dangerous Drugs
Unlawful Prescription of Dangerous Drugs
Attempt or Conspiracy to commit the ff unlawful acts:
a. Importation of any dangerous drugs 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 dangerous drugs 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.
Criminal Liability

1. Of an Alien:

13 | P a t i o , E r i c a

In addition to the penalties prescribed in the unlawful act committed, any


alien after service of sentences, shall be deported immediately without
further proceedings, UNLESS the penalty is death.
2. OF 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 co-principal.
- The penalty shall also be imposed upon such 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, 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.
3. Of Public Officers or Employees
- Acts Punished:
(1) Misappropriates,
Imprisonment:
Life
(2) Misapplies or
imprisonment to death
(3) Fails to account for:
and
confiscated, seized or surrendered drugs, plant Fine: P500K to P10M
sources of dangerous drugs, controlled and
precursors and essential chemicals, instruments,
paraphernalia and/or laboratory equipment Perpetual
including the proceeds or properties obtained disqualification from any
from the unlawful acts punished under the Law
public office
IF guilty of the unlawful - Maximum penalties provided for the offense
acts punished under the - Absolutely perpetually disqualified from
Law
holding any public office
4. Elective Local or National Officials
Acts Penalized
1.Benefiting from the proceeds of the
trafficking of dangerous drugs as
prescribed in the Law, or
2.Receiving any financial or material
contributions or donations from natural
or juridical persons found guilty of
trafficking dangerous drug

Penalty
- Removed from office and
- Perpetually disqualified from
holding any elective or
appointive positions in the
government, its divisions,
subdivisions,
and
intermediaries, GOCCs

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

Note: Such officer shall be penalized w/n he knew that the proceeds came
from drugs, but the one who gave must be convicted first by final judgment.
5. Private Individual
Planting any drug and/or
controlled precursor and
essential
chemical,
regardless of qty & purity
Violating any regulation
issued by the Dangerous
Drug Board

Death
Imprisonment: 6 months and 1 day to 4 years
Fine: P10K to P50K in addition to the
administrative sanction imposed by the Board
Accessory Penalties

Disqualification to exercise his/her:


1. Civil rights: Ex: Right of parental authority or guardianship, the
rights to dispose of such property by any act or any conveyance inter
vivos, and
2. Political rights: Ex: The right to vote and be voted for.
Note: Such rights shall also be suspended during the pendency of an appeal
from such conviction
Aggravating Circumstances in Drug Related Cases:
*Prohibited Materials (PM): Dangerous drugs and/or controlled
precursor and essential chemicals
Act
Aggravating Circumstance
Importation
When done through the use of diplomatic passport, diplomatic
of PMs
facilities or any other means involving his/her official status
Sale
trading,
administration, When such transpired within 100
dispensation, delivery, distribution or meters from the school
transportation of PMs
Trading
of When the drug pusher uses minors or mentally incapacitated
PMs
individuals as runners, couriers and messenger
Any
act - When the victim of the offense is a minor or mentally
penalized
incapacitated individual
- When the PM involved be the proximate cause of death of a
victim.
- When a minor or a mentally incapacitated individual is used
to deliver equipment, instrument, apparatus and other
paraphernalia use for dangerous drugs
Undertaking
When undertaken under the ff circumstances:

14 | P a t i o , E r i c a

or
establishing a
clandestine
laboratory

1. Any phase of the manufacturing process was conducted in


the presence or with the help of minor/s
2. Any phase of manufacturing process was established or
undertaken within one hundred (100) meters of a residential,
business, church or school premises.
3. Any clandestine laboratory was secured or protected with
booby traps.
4. Any clandestine laboratory was concealed with legitimate
business operations.
5. Any employment of a practitioner, chemical engineer,
public official or foreigner.
When possession is during a party, or a social gathering or
meeting, or in the proximate company of at least 2 persons.

Possession of
drugs
or
paraphernalia
Other Privileges Withheld from Violators of This Act
1. Shall not be allowed to avail of the provision on plea-bargaining.
2. Any person convicted for drug trafficking or pushing cannot avail of
the privilege granted by the Probation Law (EXC: Minors who are
first-time offenders)
Note: Privileges are withheld REGARDLESS of the penalty
Note: Pendency of appeal suspends the rights of the accused

Immunity From Prosecution and Punishment


An offender shall be exempted from the prosecution or punishment if
(Requisites):
1. Person has violated Sec 7,11, 12, 14, 15 and 19, Art II of the Act
2. Such person voluntarily gives any:
o information about any violation of Sec 4, 5, 6, 8, 10, 13 and 16, or
violation of the offenses if committed by drug syndicate, or
o information leading to the whereabouts, identities and arrest of all or
any of the members thereof; and
3. Such person is willingly to testify against such persons as described
above and
4. Provided, that the following condition concur:
a. The information and testimony are necessary for the conviction of
the person described above;
b. Such information are not yet in the possession of the State;
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

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

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.
5. There is no direct evidence available for the State except for the
information and testimony of the said informant or witness.
Application of Immunity: 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 given.

Sec 7. Employees and Visitors of a


Den, Dive or Resort
Sec11. Possession of Dangerous
Drugs.
Sec 12. Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous
Drugs
Sec 14. Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous
Drugs During Parties, Social
Gatherings or Meetings
Sec 15. Use of Dangerous Drugs
Sec 18. Unnecessary Prescription .

Sec 4. Importation of Dangerous Drugs and/or Controlled


Precursors and Essential Chemicals.
Sec 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
Sec 6. Maintenance of a Den, Dive or Resort.
Sec 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
Sec 10. Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
Sec 13. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings.
Sec 16. Cultivation or Culture of Plants Classified as Dangerous
Drugs or are Sources Thereof

Termination of Grant of Immunity:


1. When it turns out subsequently that the information is false, malicious, or
made only for the purpose of harassing, molesting or in any way
prejudicing the persons against whom such information is directed.
2. When the informant fails or refuse to testify without just cause, and when
lawfully obliged to do so
3. When the informant violates any condition accompanying such immunity
Effect of Termination of Grant of Immunity: The informant shall be
subject to contempt, prosecution and the enjoyment of all rights and benefits
previously accorded him under the law, decree or order shall be deemed
terminated.
Persons Subject to Mandatory Drug Testing:
1. Applicants for drivers license Applies to first issuance and renewals

15 | P a t i o , E r i c a

2. Applicants for firearms license and permit to carry firearms outside


of residence.
3. Officers and employees of public and private offices. whether
domestic or overseas
- Purpose: to prevent risk in the workplace
- Effect of a Positive Result: EE shall be dealt with administratively
and shall be a ground for suspension or termination
4. Officers and members of the military, police and other law
enforcement agencies. Drug test is annual
5. All persons charged before the prosecutors office with a criminal
offense having an imposable penalty of imprisonment of not less than
6 years and 1 day
6. All candidates for public office whether appointed or elected both in
the national or local government
Confidentiality of Records Under the Compulsory Submission Program:
Records shall be confidential
Records shall be forwarded to the
court to determine its use
If the drug dependent was
If the drug dependant was not
rehabilitated and discharged from
rehabilitated, or escaped but did not
the Center under the compulsory
surrender himself/herself within the
submission program, or who was
prescribed period
charged for violation of Sec 15 (Use
of dangerous drugs)
Note: Judicial and medical records of drug dependents under the voluntary
submission program shall be confidential and shall not be used against him
Suspension of Sentence of First Time Minor Offender
- Offender Entitled: An accused who is:
o Over 15 years of age at the time of the commission of the
possession of dangerous drugs
o But not more that 18 years of age at the time when the
judgment should have been promulgated after having been
found guilty of said offense
- Conditions to be Entitled:
1. He/She has not been previously convicted of violating any provision of
this Act, or RPC; or any special penal laws;
2. He/She has not been previously committed to a Center or to the care of a
DOH-accredited physician; and
3. The Board favorably recommends that his/her sentence be suspended.
Note: privilege of suspended sentence shall be availed of only ONCE!

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

Effect of Violation of any of the Conditions: The court shall pronounce


judgment of conviction and such minor shall serve sentence as any other
convicted person.
Upon promulgation of the sentence, the court may, in its discretion:
- Place the accused under probation, even if the sentence provided
under this Act is higher than that provided under the probation law,
- Or impose community service in lieu of imprisonment.
Note: The minor shall be under he surveillance of the Board and shall be
released upon the fulfillment of the conditions, subject to the approval of the
Court.
Records to be Kept by the DOJ: 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 this Act is a first-time offender.
Discharge After Compliance with Conditions of Suspended Sentence of a
First-Time Sentence of a First-Time Minor Offender:
- Upon a favorable recommendation of the Dangerous Drug Board for a
final discharge: the proceedings shall be dismissed and the accused
discharged
- Upon the dismissal of the proceedings:
o The court shall enter an order to expunge all official records, other
than the confidential record to be retained by the DOJ.
o Such an order shall restore the accused to his/her status prior to the
case. (order is confidential)
o The accused 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
The Dangerous Drug Board (DDB)
Function: The policy-making and strategy formulating body in the planning
and formulation of policies and programs on drug prevention and control.
Composition

16 | P a t i o , E r i c a

Under Section 78 of R.A. 9165 : Composition - 17 members


3 Permanent Members:
- Composition: 1 Chairman, 2 Undersecretaries
- Term: 6 years
- Qualification: 7 year training and experience in the field of
dangerous drugs and in any of the following fields: in law, medicine,
criminology, psychology or social work
- Appointed by: The President
12 ex officio Members
1. Sec of the DOJ or his/her representative;
2. Sec of the DOH or his/her representative;
3. Sec of the Department of National Defense or his/her representative;
4. Sec of the Department of Finance or his/her representative;
5. Secretary of the DOLE or his/her representative;
6. Secretary of the DILG or his/her representative;
7. Secretary of the DSWD or his/her representative;
8. Secretary of the DFA or his/her representative;
9. Secretary of the DECS or his/her representative;
10. Chairman of the CHED or his/her representative;
11. Chairman of the National Youth Commission; and
12. Director General of the PDEA
2 Regular Members.
1. The President of the IBP; and
2. The chairman or president of a non-government organization
involved in dangerous drug campaign to (appointed by the President)
The Philippine Drug Enforcement Agency (PDEA)
Functions: The Agency shall served as the implementing arm of the
Dangerous Drug Board, and shall be responsible for the efficient and
effective law enforcement of all provisions of the Law.
Powers and Duties
1. Implement or cause the efficient and effective implementation of the
national drug control strategy by carrying out a national drug campaign
program.
2. Undertake the enforcement of the provision relative to the unlawful acts
involving any dangerous drug and/or controlled precursor and essential
chemical and investigate all violators.
3. Administer oath, issue subpoena and subpoena duces tecum relative to
the conduct of investigation involving violation of this Act;

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

4. Arrest and apprehend as well as search all violators and seize or


confiscate, the effects or proceeds of the crime
5. Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated
6. Establish forensic laboratories in each PNP office in every province and
city in order to facilitate action on seized or confiscated drugs
7. Recommend to the DOJ the forfeiture of properties and other assets of
persons and/or corporations found to be violating the provisions
8. Prepare for prosecution or cause the filing of appropriate criminal and
civil cases for violation of laws on dangerous drugs
9. 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
10. Conduct eradication programs to destroy wild or illegal growth of plants
from which dangerous drugs may be extracted;
11. 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.
12. Establish and maintain a national drug intelligence system
13. Established and maintain close coordination with international drug
control and administration agencies and organization and implement the
applicable provisions of international conventions and agreements
14. Create and maintain an efficient special enforcement unit to conduct an
investigation, file charges and transmit evidence to the proper court,
15. 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
16. Coordinate with the Board for the facilitation of the issuance of
necessary guidelines, RR for the proper implementation of this Act;
17. Initiate and undertake a national campaign for drug prevention and drug
control programs
18. Submit an annual and periodic report to the Board as may be required
and perform such other functions as may be required under existing laws
and as directed by the President.
Note: Powers and duties of the PDEA that overlap with the functions of
prosecutors:
1. The preparation for prosecution or the causing of the filing of
appropriate criminal cases for violation of the Law;
2. Filing of charges and transmittal of evidence to the proper court

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Jurisdiction Over Drug Related Cases


Special court: Designated by the SC from among the existing RTCs in each
judicial region to exclusively try and hear cases involving violations of this
Act.
Special prosecutor: Designated by the DOJ to exclusively handle cases
involving violations of this Act.
Preliminary Investigation (PI) of Dangerous Drug Cases:
- PI is conducted by the public prosecutor where probable cause is
established
- Information shall be filed 24 hrs from the termination of the
investigation
- If the PI is conducted by a judge and probable cause exists the
information shall be filed by the prosecutor within 48 hours from the
date of receipt of the records of the case
- The preliminary investigation of cases filed under this Act shall be
terminated within the period of thirty (30) days from the date of their
filing
Note: A positive finding for the use of dangerous drugs shall be a qualifying
aggravating circumstance in the commission of a crime
Confiscation and Destruction of Effects:
In case of the ff acts:
1. The unlawful importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of any
dangerous drug and/or controlled precursor and essential chemical,
2. The cultivation or culture of plants
3. The possession of any equipment, instrument, apparatus and other
paraphernalia
Penalty Imposed:
Every penalty imposed for such acts shall carry with it the confiscation and
forfeiture, in favor of the govt, of:
- all the proceeds and properties derived from it
- all the assets and properties found to be manifestly out of proportion
to his/her lawful income
The instruments or tools shall be ordered destroyed without delay unless
they are the property of a third person not liable for the unlawful act

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

Note: During the pendency of the case all properties and proceeds shall be in
custodio legis and no bond shall be admitted for the release of the same.
The Proceeds shall be applied: To 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 (Any excess shall accrue to the Board to be used in its campaign
against illegal drugs)
Custody and Disposition of Confiscated, Seized and Surrendered
Dangerous Drugs, Paraphernalia and Equipment:
- The PDEA shall take charge and have custody of that confiscated,
seized or surrendered.
Manner of Disposition:
- The apprehending team having initial custody and control
- Immediately after confiscation - physically inventory and photograph
shall be done in the presence of the accused or his/her representative or
counsel, a representative from the media and the DOJ and any elected
public official who shall be required to sign the copies of the inventory
and be given a copy thereof;
- W/in 24 hours upon confiscation/seizure, the same shall be submitted
to the PDEA Forensic Laboratory for a qualitative examination;
- A certification of the forensic laboratory examination results shall be
issued within 24 hours after the receipt (under oath)
o A partial laboratory examination report shall be provisionally made if
the materials are voluminous: Provided, however, that a final
certification on the same within the next 24 hours;
- A criminal case shall then be filed
- Within 72 hours from filing, an ocular inspection shall be conducted of
that confiscated, seized and/or surrendered
- Then the PDEA shall within 24 hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or
his/her representative or counsel, a representative from the media and the
DOJ, civil society group and any elected public official.
- The Board shall then issue a sworn statement as to the fact of
destruction
- Representative sample/s shall be kept to a minimum quantity as
determined by the Board;
- Trial
- Promulgation of judgment in the criminal case

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Representative sample/s shall be turned over to the PDEA for proper


disposition and destruction within 24 hours from receipt of the same;

Note: The alleged offender or his/her representative shall be allowed to


personally observe all of the above proceedings and his/her presence shall
NOT constitute an admission of guilt.
Note: The Board shall draw up the guidelines on the manner of proper
disposition
Note: That those item/s of lawful commerce, shall be donated, used or
recycled for legitimate purposes; Provided, further, That a representative
sample, duly weighed and recorded, is retained;
Liabilities and Responsibilities in Testifying as Prosecution Witnesses in
Dangerous Drug Cases
Person Liable
Act Penalized
Penalty
Members of
If after due notice, fails Imprisonment: 12 years and 1
Law
or refuses intentionally day to 20 years
Enforcement
or negligently, to appear Fine: P500K
Agencies and
as a witness for the
Other
prosecution
in
any Administrative
liability
Government
proceedings, involving meted
out
by
his/her
Officials
violation of this Act, immediate superior and/or
without any valid reason appropriate body.
If despite due notice to Imprisonment: 2 months and
Immediate
them and to the witness 1 day to 6 years
superior of the
concerned he does not Fine: P10k to P50k
one above
exert reasonable effort to
present his subordinate Perpetual
absolute
to the court
disqualification from public
office
Prohibition on Re-assignment in Any Other Government Office Located
Another Territorial Jurisdiction:
- GR: The officers liable shall not be transferred or re-assigned during the
pendency of the case in court.
- EXC: For compelling reasons: Provided:
o That his immediate superior shall notify the court within 24 hours
from its approval:

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

That his immediate superior shall be penalized with imprisonment


and a fine and in addition, perpetual absolute disqualification from
public office, should he/she fail to notify the court of such order to
transfer or re-assign.

Delay in the Prosecution of Drug Cases:


Person Liable
Act Penalized
Any government
Through patent laxity,
officer employee
inexcusable
neglect,
tasked with the
unreasonable delay or
prosecution of
deliberately causes the
drug-related cases unsuccessful prosecution
and/or dismissal of the
said drug cases
Violation of Confidentiality of Records
Person Liable
Act Penalized
Any person who:
Reveals their
- Having official custody of contents
to
or access to the
any
person
confidential records of
other
than
any drug dependent under those charged
voluntary submission
with
the
programs, or
prosecution of
- Having gained possession the
offense
of said records, whether
under this Act.
lawfully or not
Should the records be used
for unlawful purposes (Ex.
blackmail)

Penalty
Imprisonment: 12 years
and 1 day to 20 years
Prosecution
under
the
pertinent provision of the
RPC.

Penalty
Imprisonment: 6 months
and 1 day to 6 years
Fine: P1k to P6k
Note: Maximum penalty and
absolute
perpetual
disqualification shall be
imposed IF the offender is a
government official and
employee
The penalty above shall be in
addition to whatever crime
he/she convicted of.

Liability of a Parent, Spouse, Guardian who Refuses to Cooperate with


the Board or any Concerned Agency
Person Liable
Act Penalized
Penalty
- Without valid reason refuses to cooperate May be
with the Board or any concerned agency in cited in
Any parent,
the treatment and rehabilitation of a drug contempt
spouse or
defendant who is a minor, or
by
the
guardian
- In any manner, prevents or delay the after- court.
care, follow-up or other programs for the
welfare of the accused drug defendant,

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whether under voluntary submission program


or compulsory submission program
Cost Sharing in the Treatment and Rehabilitation of a Drug Defendant
- Who shall share the cost? The parents, spouse, guardian or any
relative within the 4th degree of consanguinity of any person who is
confined under the program shall be charged a certain percentage of
the cost
- Guidelines shall be formulated by the DSWD taking into
consideration the economic status of the family
- Such guidelines shall be implemented by a social worker of the LGU
Limited Applicability of the RPC:
- GR: The RPC shall not apply to the provisions of this Act
- EXC: In the case of minor offenders.
Note: Where the offender is a minor, the penalty for acts punishable by life
imprisonment to death provided therein shall be reclusion perpetua to death.
Rules on Search Warrants
- GR: Every person shall be protected against unreasonable searches and
seizures. Search and seizure conducted without the requisite judicial
warrant is illegal and void ab initio.
- EXC: Instances of Valid Warrantless Search
1. Warrantless search incidental to a lawful arrest
- This search is limited to body search and to that point within reach or
control of the person arrested, or that which may furnish him with
the means of committing violence or of escaping.
2. Seizure of evidence in "plain view," the elements of which are:
o A prior valid intrusion based on the valid warrantless arrest in which
the police are legally present in the pursuit of their official duties;
o The evidence was inadvertently discovered by the police who had
the right to be where they are;
o The evidence must be immediately apparent, and
o "Plain view" justified mere seizure of evidence without further
search;
3. Search of a moving vehicle.
4. Consented warrantless search;
5. Customs search;
6. Stop and Frisk; and
7. Exigent and Emergency Circumstances.

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

Note: The police acting on information supplied by informers as well as


surveillance, suspicious actuations, surrounding circumstances, and limited
time to obtain a warrant can result in a valid warrantless search.
Note: Search of a moving vehicle and the fact that the police officers erected
a checkpoint are both exceptions to the requirements of a search warrant.
When Search is NOT Valid:
- Merely crossing the street and not acting in any manner that would
engender a reasonable ground for the NARCOM agents to suspect and
conclude that one is committing a crime does not amount to probable
cause. If agents would not have apprehended the accused were it not for
the furtive finger of the informant, there is no reason whatsoever for
them to suspect a crime being committed.
- If the police officers intentionally peeped first through the window
before they saw and ascertained the activities of accused inside the room,
a warrantless search may not be done.
Waiver of Warrantless Search
- When one voluntarily submits to a search or consents to have it made on
his person or premises, he is precluded from later complaining thereof.
- The right to be secure from unreasonable search may, like every right, be
waived and such waiver may be made either expressly or impliedly.
- Voluntary submission to the jurisdiction of the trial court, by entering a
plea of not guilty upon arraignment and by participating in the trial, the
accused effectively waived their constitutional right against the search
and seizure in question
Defenses: Frame-up, like alibi, is a defense that has been viewed by courts
with disfavor for it can just as easily be connected and is a common and
standard line of defense in most prosecution arising from violations of the
Dangerous Drugs Act. Evidence adduced must be clear and convincing.
When Use of a motor Vehicle in Drug Cases is NOT Aggravating
- Transport, as defined in the law: To carry or convey from one place to
another. The fact that there is actual conveyance suffices to support a
finding that the act of transporting was committed. It is immaterial
whether or not the place of destination was reached.
- The motor vehicle used to transport prohibited drugs is not purposely
sought to facilitate the commission of the crime since such act of
transporting constitutes the crime itself

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The use of a motor vehicle is inherent in the crime of transporting as it


must of necessity accompany the commission thereof; hence, such use
is not an aggravating circumstance.

Buy-Bust Operation, defined: Is a form of entrapment employed by peace


officers as an effective way of apprehending a criminal in the act of the
commission of the offense. Entrapment has received judicial sanction as
long as it is carried out with due regard to constitutional and legal safeguards.
Testimony of a Poseur-buyer is Generally Not Material:
- If the drug pushing of the accused is positively attested to
- Also, informants are generally not presumed in court because of the
need to hide their identity and preserve their invaluable service to the
police.

REVISED FORESTRY CODE


(PD 705)
May 19, 1975
Sec 1. Title: "Revised Forestry Code of the Philippines."
Sec 2. Policies:
- The multiple uses of forest lands shall be oriented to the development
and progress requirements of the country
- Land classification and survey shall be systematized and hastened;
- The establishment of wood-processing plants shall be encouraged and
rationalized; and
- The protection, development and rehabilitation of forest lands shall be
emphasized so as to ensure their continuity in productive condition.
CHAPTER IV
CRIMINAL OFFENSES AND PENALTIES
Person Liable
Act Punished
Penalty
Sec 68. Cutting, gathering and/or collecting timber or other products
without license.

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

Any person
Who shall cut, gather, collect, or remove
timber or other forest products from any
forest land, or timber from alienable and
disposable public lands, or from private
lands without any authority under a
license agreement, lease, license or permit
The officers, in the case of partnership,
association or corporation,
Who ordered the cutting, gathering or
collecting

Guilty of qualified theft


Confiscation of the products
gathered, the machinery used,
and the improvements made

Same
Deported w/out further
proceedings on the part of the
Commission on Immigration
and Deportation

IF the officers are aliens ---------------


Any licensee, lessee, or permittee
Who cuts timber from the licensed or
leased area of another

Same plus cancellation of his


license agreement, lease, permit
and perpetual disqualification
from acquiring any such
privilege

Sec 69. Unlawful occupation or destruction of forest lands.


Any person
*Fine
Enters and occupies or possesses, or
*Imprisonment
makes kaingin any forest land without
*Payment of 10 times the rental
authority under a license agreement, lease, fees and other charges which
license or permit, or destroys such forest
would have been accrued under
land or part thereof, or causes any damage an authorized license
to the timber stand and other products and agreement, lease, license or
forest growths found therein, or who
permit:
assists, aids or abets any other person to
*Eviction
do so, or sets a fire, or negligently permits *Forfeiture of all improvements
a fire to be set in any forest land
and equipment used
If found guilty of kaingin:
*Same BUT Higher fine, Longer Imprisonment
* PLUS Payment of the full cost of restoration of the occupied area
Offender is a Govt official/ employee: Same plus deemed automatically
dismissed from office and permanently disqualified from holding any
elective or appointive position
Sec70. Pasturing Livestock
Any person

*Imprisonment

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Who shall, without authority under a lease or


*Fine equal to ten (10)
permit, graze or cause to graze livestock in
times the regular rentals due
forest lands, grazing lands and alienable and
*Confiscation of such
disposable lands which have not as yet been
livestock and all
disposed of in accordance with the Public
improvements made
Land Act;
That in case the offender is a corporation, partnership or association, the
officers and directors thereof shall be liable.
Sec 71. Illegal occupation of national parks system and recreation areas
and vandalism therein.
Any person
Fine plus the value of the thing
Without permit, occupy for any length
damaged;
of time any portion of the national
parks system or shall, in any manner,
If the area requires rehabilitation or
cut, destroy, damage or remove timber restoration, offender shall restore
or any species of vegetation or forest
or compensate for the restoration
cover and other natural resources found of the damage;
therein, or shall mutilate, deface or
destroy objects of natural beauty or of
*Eviction
scenic value within areas in the
*Forfeiture of improvements and
national parks system
products taken
Any person - Who, without proper permit shall hunt, capture or kill any kind
of bird, fish or wild animal life within any area in the national parks system
(SAME penalty)
The president or manager of an association or corporation shall be directly
responsible and liable for the act of his employees or laborers.
If an official of a city or municipal
50% of the fine collected shall accrue
government is primarily responsible
to such municipality or city for the
for convicting the offender
development of local parks
Sec 72. Destruction of wildlife resources
Any person found guilty of *Fine
destruction of wildlife
*Denied a permit for 3 years from violation.
Sect 73. Survey by unauthorized person
Any person who shall, without permit to
survey from the Director, enter any forest
lands, and conduct or undertake a survey for
whatever purpose.

*Imprisonment
*Confiscation of implements
*Cancellation of license

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

Sec 74. Misclassification and survey by government official or employee.


Any public officer/ employee who
*Dismissed from the service with
knowingly surveys, classifies,
prejudice to re-employment
recommends the release of forest lands as *Imprisonment and a fine
alienable & disposable lands contrary to
*Survey, classification or release
the standards established in this Code
made shall be null and void.
Sec 75. Tax declaration on real property.
Any public officer/employee who shall issue a tax *Imprisonment
declaration on real property w/o a certification
*Perpetual
from the Dir. of Forest Development and the Dir.
Disqualification from
of Lands that the area declared for taxation is
holding office (elected
alienable and disposable lands
or appointed)
UNLESS the property is titled or has been occupied and possessed by
members of the national cultural minorities prior to July 4, 1955.
Sec 76. Coercion and influence.
Any person who coerces, influences, abets or persuades
the public officer to commit any of the acts in Sec 75&76

*Imprisonment
*Fine

Sec 77. Unlawful possession of implements/devices used by forest officers.


Any person who shall, without authority from the Director
*Imprisonment
- Make, manufacture, or possess any govt marking,
and fine
hatchet or other marking implement, or any devices
*Confiscation
officially used for the marking or identification of timber of implements
or other products, or any duplicate, counterfeit, or
*Cancellation
imitation thereof, or
of license
- Make or apply a govt mark on timber using such device, Note: Officers
- Alter, deface, or remove or disfigure govt marks or
shall be liable
signs, from forest products and warning notices set by the in case
Bureau to designate the boundaries of cutting areas and
offender is a
other classification of forests or
juridical
- Make any false mark or imitation of any mark or sign
person
Sec 78. Payment, collection and remittance of forest charges
Any person who fails to pay the amount Surcharge of 25% of the amount
due and payable under the provisions of due and payable.
this Code, the NIRC, or the RR
Any person who fails or refuses
*Fine and/or Imprisonment
to remit to the proper authorities *If the offender is a government official
said forest charges collectible, or - Dismissal with prejudice and with

22 | P a t i o , E r i c a

who delays, obstructs or prevents


the same, or who orders, causes
or effects the transfer or
diversion of the funds

disqualification from holding any office.


*If the offender is a corporation,
partnership or association, officers shall
be liable.

Sec 79. Sale of wood products.


Selling or offering for sale any manufactured wood products
in the market not within the Govt grading rules or any act of
falsification of the volume of forest products
Failure of dealer in lumber and other building material to
issue an invoice for each sale of such material stating that
the kind, standard and size of material sold to each purchaser
in exactly the same as described in the invoice.

*Suspension
of license or
permit
* Dealer
punished with
a fine

Sec 80. Arrest; Institution of criminal actions.


- A forest officer or employee of the Bureau may arrest and
seize/confiscate even without warrant any person who has committed or
is committing in his presence any of the offenses defined.
- The arresting forest officer shall deliver within 6 hours, the offender and
the confiscated products and equipment
- He shall then file the proper complaint to conduct preliminary
investigations and file informations in court.
- Time limit shall not apply if the arrest and seizure are made in the
forests, far from the authorities designated by law to conduct a PI
- The seized products, materials and equipment shall be immediately
disposed
Note: Reports and complaints not committed in the presence of any forest
officer or employee, or any of the deputized officers or officials, shall
immediately be investigated.
Note: If there is prima facie evidence to support the complaint or report, the
investigating forest officer shall file the necessary complaint.

FISHERIES DECREE
(PD 704)
May 16, 1974
Sec 2. Declaration of Policy.
- To accelerate and promote the integrated development of the fishery
industry and to keep the fishery resources of the country in optimum
productive condition through proper conservation and protection.
- To promote and encourage the organization of, provide assistance to, and
help integrate the activities engaged in the industry. In this connection,
the fishery industry shall be considered as preferred area of investment.
- To encourage and promote the exportation of fish and fishery/aquatic
products to enable the fishery industry to contribute positively to the
development and growth of the national economy.
CHAPTER VI
PROHIBITION AND PENALTIES
Person and Act Penalized
Sec 33. Illegal fishing, dealing in illegally caught fishery/aquatic products.
Any person to catch, take or gather or cause to be caught, taken or gathered
fishery/aquatic products in RP waters with the use of explosives, obnoxious

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23 | P a t i o , E r i c a

or poisonous substance, or by the use of electricity


Any person who knowingly possesses, deals in, sells or in any manner
disposes of, for profit, any fish or fishery/aquatic products which have been
illegally caught, taken or gathered.
Note:
- The Secretary may allow for research, educational or scientific
purposes only, the use of explosives, obnoxious or poisonous
substance or electricity
- The use of chemicals to eradicate predators in fishponds in
accordance with accepted scientific fishery practices without causing
deleterious effects in neighboring waters shall not be prohibited
- Use of mechanical bombs for killing whales, crocodiles, sharks or
other large dangerous fishes, may be allowed, subject to the approval
of the Secretary.
- The discovery of the materials to commit the offenses mentioned
shall constitute a presumption that the same were used for fishing in
violation of this Decree
Sec 34. Fishing with fine-mesh nets.
GR: Any person who fishes
EXC: This prohibition shall not apply to
with nets with mesh smaller
the gathering of fry, glass cells and elvers
than that which may be fixed by and such species which by their very
RRs is prohibited
nature are small but already mature.
Sec 35. Trawl fishing in waters seven fathoms deep or less - No person shall
operate trawls in waters seven fathoms deep or less
Sec 36. Ban on exportation of Bangus Fry. It shall be unlawful for any
person to export "bangus" fry
Sec 37. Pollution of waters.
It shall be unlawful to: Place, cause to be placed, discharge or deposit, or
cause to be discharged or deposited, or to pass or place where it can pass into
RP waters
- Petroleum, acid, coal, or oil tar, lampback, aniline, asphalt, bitumen, or
residuary products of petroleum or carbonaceous material or substance,
mollasses, mining and mill tailings, or
- Any refuse, liquid or solid, from any refinery, gas house, tannery,
distillery, chemical works, sugar central, mill or factory of any kind, or
- Any sawdust, shavings, slabs, edgings, or any factory refuse or any
substance or material deleterious to fish or fishery/aquatic life.

Sec 33. Illegal fishing, dealing in illegally caught fishery/aquatic products.


If explosives are used
Imprisonment: 10 -12 yrs
If the explosion results:
1. In physical injury to any person
1. Imp: 12 to 20 yrs
2. In the loss of human life
2. Imp: 20 to life or death
If obnoxious or poisonous substances are used Imp: 8 to 10 yrs
If such substance results:
1. In physical injury to any person
1. Imp: 10 to 12 yrs
2. In the loss of human life
2. Imp: 20 to life or death
If electricity is used
Imp: 2 to 4 yrs
Dealing in illegally caught fish or
Imp: 2 to 6 yrs
fishery/aquatic products.
Sec 35. Trawl fishing
Fine, Imprisonment or both
Sec 36. Ban on exportation of Bangus Fry
Fine, Imprisonment or both
Other violations
Fine, Imprisonment or both
Any person who unlawfully obstructs or
Fine, Imprisonment or both
delays the inspection and/or movement of
fish and fishery/aquatic products
Any public official, who enforces an
Fine, Imprisonment or both
ordinance, resolution, rule and/or
regulation concerning fishing and fisheries
not previously approved by the Secretary
Note: Director of Fisheries and Aquatic Resources is hereby empowered to
impose upon the offender:
- An administrative fine of not more than 5k or
- To cancel his permit or license, in the discretion of the Director
- To impound with the assistance of the Philippine Coast Guard, if
necessary, the fishing boat including the dynamite, blasting caps and
other explosives, obnoxious or poisonous substances, and apparatus
used in electric fishing, and other apparatus used in illegal fishing,
pending the termination of the criminal case by competent courts:
Sec 39. Seizure proceedings. Any foreign fishing boat illegally engaged in
fishing within RP waters shall:
- Be summarily confiscated administratively, including its catch and
fishing equipment,
- W/o prejudice to any civil or criminal action that may be taken
against its owners and/or operators.

Sec 38. Penalties.

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Sec 40. Persons authorized to enforce this Decree and fisheries rules and
regulations. - Members of the Phil Coast Guard, Phil Constabulary, local
police force, govt law enforcement agencies and other competent govt
employees duly designated in writing by the Secretary
Sec 41. Compromise.
- With the approval of the Secretary,
- The Director may, at any stage of the proceeding, compromise any case
arising, subject to the following schedule of administrative fines:
Vessel entering fishery
Fined in a sum NE 5k
reserve or closed areas.
Vessels fishing or
Fined in a sum NE P50 for every month the
continuing to fish after
license remains unrenewed.
the expiration of the
license
Vessel employing
Fined: Not less than P50 Nor More than P100
unlicensed fishermen.
for each fishermen and for each month such
fishermen is employed.
Obstruction of fishery
*Fined in an amount NE P500
officers.
*License of the fishing boat may be cancelled.
Failure to submit
Fined NE P5
required reports
Transfer of ownership or
Fined NE P200
lease of fishing boat not
reported.
Vessel engaging in fishing Fined NE 1K for each month or fraction thereof
without license.
of operation
Other violations.
Fine shall not be less than 50% of the fine
originally imposed for the violation.

ACCESS DEVICES REGULATION ACT


(RA 8484)
February, 1998
Title: An act regulating the issuance and use of access devices, prohibiting
fraudulent acts committed relative thereto, providing penalties and for other
purposes.
Ratio of Enacting the Law: The recent advances in modern technology
have led to the extensive use of certain devices in commercial transactions,
prompting the State to regulate the same.
Access Devices are Now Subject to Regulation:
- Access Devices, Defined: Any card, plate, code, account number,
electronic serial number, personal id number, or other
telecommunication service, equipment, or instrumental identifier, or
other means of account access that can be used to obtain money,
good, services or any other thing of value or to initiate transfer of
funds (other than transfer originated solely by paper instrument)

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

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Ratio: The issuance and use of access devices are ought to be regulated in
order to protect the rights and define the liabilities of parties in commercial
transactions involving them.
Duties Imposed: On both the access device issuer and holder
- The act penalizes certain acts deemed unlawful for being detrimental
to either the issuer or holder, or both.
Disclosure Requirements of An Access Device Issuer or Card Issuer:
GR: He/She is mandated to disclose in any application or solicitation to
open a credit card account the ff:
1. Annual percentage rate;
2. Annual and other fees; and
3. Balance calculation method;
4. Cash advance fee; and
5. Over the limit fee.
6. The computation used in order to arrive at such charges and fees
required must be explained in detail in a clear illustration of the
manner by which it is made to apply
Note: Such may be made in oral or in writing
EXC: Disclosure is not necessary: When the application or solicitation is
made through telephone provided:
- The issuer should not impose any annual fee, and fee in connection
with telephone solicitation UNLESS
o The customer signifies acceptance by using the card, and
o That a clear disclosure of the information enumerated in the
preceding paragraph is made in writing w/in 30 after the
consumer requests for the card, but in no event later than the
date of the delivery of the card, and
o That the consumer is not obligated to accept the card or
account and pay any fees or charges disclosed unless the
consumer accepts the card or account by using the card.
Effect of Failure of the Issuer to Fulfill the Above Requirements:
Suspension or cancellation of its authority to issue credit cards, after due
notice and hearing, by the BSP, the SEC and such other govt agencies.
The Above Omission is Made Punishable if the FF Elements Occur:
1. There is an application or solicitation.
2. Such application or solicitation should include the information required
by law. and

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

3. Failure on the part of the issuer to disclose such information.


Application for Credit Card Accounts is a Contract of Adhesion:
- GR: Contract of adhesion in credit card applications is VALID.
- EXC: If the same should include terms difficult to interpret as to
hide the true intent to the detriment of the holder, holding it void
requires no hesitation.
Thus, contracts which provide for ambiguous terms of payment, imposition
of charges and fees may be held void invoking the principle of the contract of
adhesion.
An access device holder may be penalized when he or she fraudulently
applied for such device:
- Access device fraudulently applied for, defined: Any access device
that was applied for or issued on account of the use of falsified
document, false information, fictitious identities and addresses, or
any form of false pretense or misrepresentation.
- It is unlawful
The element of fraud is indispensable for this provision of RA 8484 to
apply.
- It is a condition sine qua non before one may be charged with the defined
offense.
- Presumptions of Intent to defraud: Based on mere possession, control
or custody of:
1. An access device without lawful authority;
2. A counterfeit access device; any device making or altering equipment;
3. An access device or medium on which an access device is written not in
the ordinary course of the possessor's business; or
4. Any device-making or altering equipment by any person whose

business or employment does not lawfully deal with the


manufacture, issuance, or distribution of access device
5. Any genuine access device, not in the name of the possessor.
6. When a card holder abandons or leaves the place of employment,
business or residence stated in his application for credit card, w/o
informing the credit card company of the place where he could actually
be found, if at the time of such abandonment or surreptitious leaving, the
outstanding and unpaid balance is past due
16 Prohibited Acts (Sec 9. Prohibited Acts.) The following acts shall
constitute access device fraud and are hereby declared to be unlawful:

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1. Producing, using, trafficking in one or more counterfeit access devices;


2. Trafficking in one or more unauthorized access devices or access devices
fraudulently applied for;
3. Using, with intent to defraud, an unauthorized access device;
4. Using an access device fraudulently applied for;
5. Possessing one or more counterfeit access devices or access devices
fraudulently applied for;
6. Producing, trafficking in, having control or custody of, or possessing
device-making or altering equipment without being in the business or
employment, which lawfully deals with the manufacture, issuance, or
distribution of such equipment;
7. Inducing, enticing, permitting or in any manner allowing another, for
consideration or otherwise to produce, use, traffic in counterfeit access
devices, unauthorized access devices or access devices fraudulently
applied for;
8. Multiple imprinting on more than one transaction record, sales slip or
similar document, thereby making it appear that the device holder has
entered into a transaction other than those which said device holder had
lawfully contracted for, or submitting, without being an affiliated
merchant, an order to collect from the issuer of the access device, such
extra sales slip through an affiliated merchant who connives therewith,
or, under false pretenses of being an affiliated merchant, present for
collection such sales slips, and similar documents;
9. Disclosing any information imprinted on the access device, such as, but
not limited to, the account number or name or address of the device
holder, without the latter's authority or permission;
10. Obtaining money or anything of value through the use of an access
device, with intent to defraud or with intent to gain and fleeing
thereafter;
11. Having in one's possession, without authority from the owner of the
access device or the access device company, an access device, or any
material, such as slips, carbon paper, or any other medium, on which the
access device is written, printed, embossed, or otherwise indicated
12. Writing or causing to be written on sales slips, approval numbers from
the issuer of the access device of the fact of approval, where in fact no
such approval was given, or where, if given, what is written is
deliberately different from the approval actually given;
13. Making any alteration, without the access device holder's authority, of
any amount or other information written on the sales slip;
14. Effecting transaction, with one or more access devices issued to another
person or persons, to receive payment or any other thing of value;

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

15. Without the authorization of the issuer of the access device, soliciting a
person for the purpose of:
a. Offering an access device; or
b. Selling information regarding or an application to obtain an
access device; or
16. Without the authorization of the credit card system member or its agent,
causing or arranging for another person to present to the member or its
agent, for payment, one or more evidence or records of transactions
made by credit card.
What the Law Seeks to Address: The issue of fraud in the issuance and
use of access devices, especially credit cards.
- Fraud may be committed by BOTH
o The Issuer: By making false or vague information in the application
or solicitation to open credit card accounts.
o The Holder: By fraudulently misrepresents himself by giving wrong
identity, false profession or employment, or bloated income.
Penalties:
- Imprisonment: 6 years to 10 years and
- Fine: 10,000.00 or twice the value of the offense, whichever is higher.
When Penalties are Increased: When offender has a similar previous
conviction (imprisonment of 12 yrs to 20 yrs)
Note: A holder or mere possessor of a counterfeit fraudulently applied for
access device may be convicted and be made to suffer imprisonment and
fine.
Note: Attempted and Frustrated Acts are ALSO Punishable under the law
R.A. 8484 may seem to favor the issuer. A credit card company may be
meted out the penalty of cancellation or suspension, which may be
considered as administrative sanctions. Such sanctions are imposed by
administrative agencies such as the BSP and SEC.

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4. Damage or destroy an electric meter, equipment, wire or conduit or allow


any of them to be so damaged or destroyed as to interfere with the proper
or accurate metering of electric current; and
5. Knowingly use or receive the direct benefit of electric service through
any of the acts mentioned in subsections above.

ANTI ELECTRICITY PILFERAGE ACT


RA 7832
Sec 2. Illegal Use of Electricity. It is unlawful for any person, to:
1. Tap, make or cause to be made any connection with overhead lines,
service drops, or other electric service wires, w/o previous authority or
consent of the private electric utility or rural electric cooperative
concerned;
2. Tap, make or cause to be made any connection to the existing electric
service facilities of any duly registered consumer without the latter's or
the electric utility's consent or authority;
3. Tamper, install or use a tampered electrical meter, jumper, current
reversing transformer, shorting or shunting wire, loop connection or any
other device which interferes with the proper or accurate registry or
metering of electric current or otherwise result in its diversion whereby
electricity is stolen or wasted;

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

Sec 3. Theft of Electric Power Transmission Lines and Materials. It is


unlawful for any person to:
1. Cut, saw, slice, separate, slit, severe, smelt, or remove any power
transmission line/material or meter from any tower, pole, any other
installation or place of installation or any other place or site where it
may be rightfully or lawfully stored, deposited, kept, stocked,
inventoried, situated or located, without the consent of the owner,
whether or not the act is done for profit or gain;
2. Take, carry away or remove or transfer, with or without the use of a
motor vehicle or other means of conveyance, any electric power
transmission line/material or meter from a tower, pole, any other
installation or place of installation, or any place or site where it may be
rightfully or lawfully stored, deposited, kept, stocked, inventoried,
situated or located, without the consent of the owner, whether or not the
act is done for profit or gain;
3. Store, possess or otherwise keep in his premises, custody or control, any
electric power transmission line/material or meter without the consent of
the owner, whether or not the act is done for profit or gain; and
4. Load, carry, ship or move from one place to another, whether by land,
air or sea, any electrical power transmission line/material, whether or
not the act is done for profit or gain, without first securing a
clearance/permit for the said purpose from its owner or the National
Power Corporation (NPC) or its regional office concerned, as the case
may be
Sec. 4. Prima Facie Evidence.
The ff circumstances shall constitute prima facie evidence of illegal use of
electricity, by the person benefited thereby, and shall be the basis for:
- The immediate disconnection by the electric utility after due notice,
- The holding of a preliminary investigation by the prosecutor and
subsequent filing in court of the information, and
- The lifting of any TRO or injunction which may have been issued against
a private electric utility or rural electric cooperative:
1. The presence of a bored hole on the glass cover of the electric meter, or
at the back or any other part of said meter;

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2. The presence inside the electric meter of salt, sugar and other elements
that could result in the inaccurate registration of the meters internal parts
to prevent its accurate registration of consumption of electricity;
3. The existence of any wiring connection which affects the normal
operation or registration of the electric meter;
4. The presence of a tampered, broken, or fake seal on the meter, or
mutilated, altered, or tampered meter recording chart or graph, or
computerized chart, graph or log;
5. The presence in any part of the building or its premises which is subject
to the control of the consumer or on the electric meter, of a current
reversing transformer, jumper, shorting and/or shunting wire, and/or loop
connection or any other similar device;
6. The mutilation, alteration, reconnection, disconnection, bypassing or
tampering of instruments, transformers, and accessories;
7. The destruction of, or attempt to destroy, any integral accessory of the
metering device box which encases an electric meter, or its metering
accessories; and
8. The acceptance of money and/or other valuable consideration by any
officer or employee of the electric utility concerned or the making of
such an offer to any such officer or employee for not reporting the
presence of any of the circumstances enumerated in subparagraphs above
hereof: Provided, however, That the discovery of any of the foregoing
circumstances, in order to constitute prima facie evidence, must be
personally witnessed and attested to by an officer of the law or a duly
authorized representative of the ERB
Prima facie evidence that such line/material is the fruit of the offense of
theft of electricity:
- The possession, control, or custody of electric power transmission
line/material by any person, not engaged in the transformation,
transmission or distribution of electric power, or in the manufacture
of such electric power transmission line/material
- Such line/material may be confiscated from the person in possession,
control or custody thereof.
Sec 6. Disconnection of Electric Service.
The private electric utility or rural electric cooperative concerned shall have
the right and authority to disconnect immediately the electric service:
- After serving a written notice or warning to that effect, without the
need of a court or administrative order, and
- deny restoration of the same,
when the owner of the house or establishment of the same:

Special Penal Laws | Finals Reviewer | Judge Pimentel | 2009-2010

has been caught en flagrante delicto doing any of the acts


enumerated in Section 4 (1) hereof, or
- when any of the circumstances so enumerated shall have been
discovered for the second time: Provided, That in the second case, a
written notice or warning shall have been issued upon the first
discovery:
Provided, further, That the electric service shall not be immediately
disconnected or shall be immediately restored upon the deposit of the amount
representing the differential billing by the person denied the service
Sec 7. Penalties.
- GR: Imprisonment and Fine
- If the offense is committed by, or in connivance with an officer or
employee of the power company, private electric utility, or rural
electric cooperative concerned
o Penalty for such officer or employee shall, upon conviction,
be punished with:
a penalty 1degree higher than provided herein
dismissed and
perpetually disqualified from employment in any
public or private electric utility or service company
and from holding any public office.
- If in committing the acts enumerated in Section 4 hereof, any of the
other acts as enumerated is also committed
o Penalty next higher shall also be imposed
- The electric utility concerned which shall have knowingly permitted
or having knowledge of its commission shall have failed to prevent
the same, or was otherwise guilty of negligence in connection with
the commission thereof:
o Fine not exceeding triple the amount of the "differential
billing" subject to the discretion of the courts.
- If the violation is committed by a partnership, firm, corporation,
association or any other legal entity, including GOCCs,
o The penalty shall be imposed on the president, manager and
each of the officers thereof who shall have knowingly
permitted, failed to prevent or was otherwise responsible for
the commission

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