Académique Documents
Professionnel Documents
Culture Documents
SUBJECT COMMITTEE
JANSEN
BERNARDO
subject chair, DANIEL VON
EVAN PANELO assistant
subject chair, CLAUDINE
PALATTAO edp, HYACINTH
ALDUESO book 1, JEMIMA
FERNANDO
book
2,
MICHELLE MARIE HATOL
special penal laws
MEMBERS
General Rule: TPO and PPO are filed in the family court
at the place of residence of the petitioner (Section 10).
Persons Liable:
1. Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to,
the following:
a. Acting as a procurer of a child prostitute
b. Inducing a person to be a client of a child prostitute
by means of written or oral advertisements or other
similar means
c. Taking advantage of influence or relationship to
procure a child as a prostitute
15 years of
age but
below 18
Penalty
40 years
imprisonment
17 years, 4
months, 1 day
to 20 years
imprisonment
10 years and 1
day to 12 years
imprisonment
a. Profiting
himself or
assisting the
offender to
profit by the
effects of the
crime;
b. Concealing
or destroying
the body of
the crime or
the effects or
instruments
thereof in
order to
prevent its
discovery;
c. Harboring,
concealing
or assisting
in the
escape of
the principal
or
conspirator.
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Firearm
As herein used, includes rifles, muskets, carbines,
shotguns, revolvers, pistols and all other deadly weapons
from which a bullet, ball, shot, shall or other missile may
be discharged by means of gunpowder or other
explosives. The term also includes air rifles and air pistols
not classified as toys under the provisions of Executive
Order No. 712 dated July 28, 1981. The barrel of any
firearm shall be considered a complete firearm.
Ammunition
It refers to loaded shells for rifles, muskets, carbines,
shotguns, revolvers, pistols and other firearms from which
a bullet, ball, shot, shall or other missile may be fired by
means of gunpowder of explosives.
Permit To Carry Firearm Outside of Residence
It is a written authority issued to any person by the Chief
of Constabulary which entitles such person o carry his
licensed or lawfully issued firearms outside of residence
for the duration and purpose specified therein.
Residence
It refers to that place where the firearm and ammunition is
being permanently kept. It includes the office or house
where it is kept and premises of the house enclosed by
walls and gates separating said premises from adjacent
properties. For firearms covered by a Regular License or
Special Permit their residence shall be that specified in
the license or permit; and those covered by a Certificate of
Registration or a Memorandum Receipt their residence in
the office/station to which the grantee belongs.
The term unlicensed firearm shall include: (Section 5 of
RA 8294)
1. Firearms with expired license; or
2. Unauthorized use of licensed firearm in the commission
of the crime.
laundering
transaction
against
person.
Breach
of Note: In the case of a breach
confidentiality
of confidentiality that is
(Section 9c)
published or reported by
media,
the
responsible
reporter, writer, president,
publisher, manager and editorin-chief shall be liable under
this Act.
Definition of Terms (Section 3)
Punishable Act
Covered Transaction
It is transaction in cash or other equivalent monetary
instrument involving a total amount in excess of
P500,000.00 that is done with the covered institution,
within 1 banking day.
Suspicious transaction
It is transaction which must be reported by a covered
institution regardless of the amount involved provided that
the following circumstances are present:
1. The individual making the transaction is not properly
identified;
2. There is no underlying legal or trade obligation, purpose
or economic justification for that transaction;
3. The amount involved is not commensurate with the
business or financial capacity of the individual making
the transaction;
4. The transaction is structured in a manner that invites
suspicion, that it is trying to avoid the reporting
requirement under the AMLA;
5. Any circumstance relating to the transaction which is
observed to deviate from the clients past transactions;
6. The transaction is in any way related to an unlawful
activity under the AMLA.
Unlawful Activities under AMLA
Any act or omission or series or combination thereof
involving or having relation to the following:
1. Kidnapping for Ransom
2. Drug Offenses
3. Graft and Corrupt Practices
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PD 1829
PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION
OF CRIMINAL OFFENDERS
Approved: January 16, 1981
Acts Punishable (Section 1)
1. Preventing witnesses from testifying in any criminal
proceeding or from reporting the commission of any
offense or the identity of any offender/s by means of
bribery, misrepresentation, deceit, intimidation, force or
threats;
2. Altering, destroying, suppressing or concealing any
paper, record, document or object, with intent to impair
its verity, authenticity, legibility, availability, or
admissibility as evidence in any investigation of or
official proceedings in, criminal cases, or to be used in
the investigation of, or official proceedings in, criminal
cases;
3. Harboring or concealing, or facilitating the escape of,
any person he knows, or has reasonable ground to
believe or suspect, has committed any offense under
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1. Willful Killing;
2. Extermination;
3. Enslavement;
4. Arbitrary deportation or forcible transfer of population,
5. Imprisonment or other severe deprivation of physical
liberty in violation of fundamental rules of
International law;
6. Torture;
7. Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity;
8. Persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender, sexual orientation or
other grounds that are universally recognized as
impermissible under international law, in connection
with any act referred to this paragraph or any crime
defined in this Act;
9. Enforced or involuntary disappearance of persons,
10. Apartheid; and
11. Other inhumane acts of a similar character
intentionally causing great suffering, or serious
injury to body or to mental or physical health.
Note: The crimes defined and penalized under this Act,
their prosecution, and the execution of sentences imposed
on their account, shall not be subject to any prescription
(Section 11).
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BAC
It is the Bids and Awards Committee
Bid
It is signed offer or proposal submitted by a supplier,
manufacturer, distributor, contractor or consultant in
response to the Bidding Documents.
Competitive Bidding
It is a method of procurement which is open to
participation by any interested party and which consist of
the following processes: advertisement, pre-bid
conference, eligibility screening of bids, evaluations of
bids, post - qualification, and award of contract, the
specific requirements and mechanics of which shall be
defined in the IRR to be promulgated under this Act.
Consulting Services
It is services for Infrastructure Projects and other types of
projects or activities of the Government requiring
adequate external technical and professional experts that
are beyond the capability and/or capacity of the
government to undertake such as, but not limited to:
1. advisory and review services
2. pre investment or feasibility studies
3. design
4. construction supervision
5. management and related services
6. other technical services or special studies.
Goods
All items, supplies, materials and general support
services, except consulting services and infrastructure
projects, which may be needed in the transaction of the
public businesses or in the pursuit of any government
undertaking, project or activity, whether in the nature of
equipment, furniture, stationery, materials for construction,
or personal property of any kind, including non - personal
or contractual services such as the repair and
maintenance of equipment and furniture, as well as
trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials
and supplies provided by the procuring entity or such
services.
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Infrastructure Projects
It includes the construction, improvement, rehabilitation,
demolition, repair, restoration or maintenance of roads
and bridges, railways, airports, seaports, communication
facilities, civil works components of information technology
projects, irrigation, flood control and drainage, water
supply, sanitation, sewerage and solid waste management
systems, shore protection, energy/power and
electrification facilities, national buildings, school buildings
and other related construction projects of the government.
Procurement
It is the acquisition of Goods, Consulting Services, and the
contracting for Infrastructure Projects by the Procuring
Entity. Procurement shall also include the lease of goods
and real estate. With respect to real property, its
procurement shall be governed by the provisions of
Republic Act No.8974, entitled "An Act to Facilitate the
Acquisition of Right-of -Way Site or Location of National
Government Infrastructure Projects and for Other
Purposes" and other applicable laws, rules and
regulations.
Procuring Entity
It is any branch, department, office, agency, or
instrumentality of the government, including state
universities and colleges, government-owned and/or controlled corporations, government financial institutions,
and local government units procuring Goods, Consulting
Services and Infrastructure Projects.
Acts Punished (Section 65)
A. Public officers who (DO-USA):
Note: The liability and punishment for public officers
are without prejudice to the provisions of RA 3019 and
other penal laws.
1. Delaying, without justifiable cause, the screening for
eligibility, opening of bids, evaluation and post
evaluation of bids, and awarding of contracts
2.
3.
4.
5.
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Probation Officer
He is one who investigates for the court a referral for
probation or supervises a probationer or both.
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PD NO. 532
ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY LAW OF 1974
PENALTY IN THE PHILIPPINES
Approved: August 8, 1974
Definition of Terms (Section 2):
Philippine Waters
It refer to all bodies of water, such as but not limited to,
seas, gulfs, bays around, between and connecting each of
the Islands of the Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title,
including territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the Philippines has
sovereignty or jurisdiction.
Vessel
It is any vessel or watercraft used for transport of
passengers and cargo from one place to another through
Philippine Waters. It shall include all kinds and types of
vessels or boats used in fishing.
Philippine Highway
It refers to any road, street, passage, highway and bridges
or other parts thereof, or railway or railroad within the
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PENALTIES
Highway
Robbery/Brigandage
Highway
Robbery/Brigandage
with physical injuries or
other crimes
Highway
Robbery/Brigandage
with kidnapping for
ransom or extortion, or
murder or homicide, or
rape
death penalty
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Acts Punishable
It shall be unlawful for any person:
1. not being authorized by all the parties to any private
communication or spoken word, to tap any wire or
cable, or by using any other device or arrangement, to
secretly overhear, intercept, or record such
communication or spoken word by using a device
commonly known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder, or
however otherwise described (Sec. 1 par.1);
2. be he a participant or not in the act or acts penalized in
the next preceding sentence, to knowingly possess
any tape record, wire record, disc record, or any
other such record, or copies thereof, of any
communication or spoken word secured either before
or after the effective date of this Act in the manner
prohibited by this law; or to replay the same for any
other person or persons; or to communicate the
contents thereof, either verbally or in writing, or to
furnish transcriptions thereof, whether complete or
partial, to any other person: Provided, That the use of
such record or any copies thereof as evidence in
any civil, criminal investigation or trial of offenses
mentioned in section 3 hereof, shall not be covered
by this prohibition (Sec.1 par.2).
Exception: Nothing contained in this Act, however, shall
render it unlawful or punishable for any peace officer, who
is authorized by a written order of the Court, to execute
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Civil
Liability
Subject to
civil liability
Subject to
civil liability
Subject to
civil liability
Subject to
civil liability
PROCEDURE
Determination of
Age
If 15-18 year
old with
discernment
Subjected to
intervention
program
If 15-18 year
old w/o
discernment
Subjected to
diversion
program
If below 15
Subjected to
intervention
program
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