Académique Documents
Professionnel Documents
Culture Documents
8049
An Act Regulating Hazing
and Other Forms of Initiation Rites
in Fraternities, Sororities and other Organizations
the case may be, to be present during the initiation. It is the duty of such
representative to see to it that no physical harm of any kind shall be
inflicted upon a recruit, neophyte or applicant. (3)
What is Hazing?
If the person subjected to hazing or other forms of initiation rites suffers any
physical injury or dies as a result thereof, the following are punished under
the law:
The term organization shall include any club or the Armed Forces
of the Philippines, Philippine National Police, Philippine Military
Academy, or officer and cadet corp of the Citizen's Military Training, or
Citizen's Army Training. But the physical, mental and psychological
testing and training procedure and practices to determine and enhance the
physical, mental and psychological fitness of prospective regular members of
the Armed Forces of the Philippines and the Philippine National Police as
approved by the Secretary of National Defense and the National Police
Commission duly recommended by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the Philippine National Police shall
not be considered as hazing for the purpose of this Act. (1)
AS PRINCIPALS:
1.
2.
3.
4.
5.
2.
AS ACCOMPLICES:
6.
7.
The presence of any person during the hazing is prime facie evidence of
participation therein as a principal unless he prevented the commission of the
acts punishable herein.
Any person charged under this provision shall not be entitled to the
mitigating circumstance that there was no intention to commit so grave a
wrong.
sanctions on the person or persons charged under this law even before their
conviction.
a)
b)
c)
d)
e)
c.
d.
Penalties imposed
The penalties imposed shall vary depending on the injury suffered by
the victim. If the victim dies, is raped, sodomized or mutilated, the penalty is
reclusion perpetua to death.
Offender is a man;
Offender had carnal knowledge of a woman;
Such act is accomplished under any of the following
circumstances:
female.
7.
sufficient.
2.
3.
4.
5.
6.
Where the victim is under 18 years of age and the offender is her
ascendant, stepfather, guardian, or relative by affinity or consanguinity
within the 3rd civil degree, or the common law husband of the victims
mother; or
Where the victim was under the custody of the police or military
authorities, or other law enforcement agency;
Where the rape is committed in full view of the victims husband,
the parents, any of the children or relatives by consanguinity within the
3rd civil degree;
Where the victim is a religious, that is, a member of a legitimate
religious vocation and the offender knows the victim as such before or at
the time of the commission of the offense;
Where the victim is a child under 7 yrs of age;
Where the offender is a member of the AFP, its paramilitary arm,
the PNP, or any law enforcement agency and the offender took advantage
of his position;
266-D. Presumptions
Evidence which may be accepted in the prosecution of rape:
1.
2.
R.A. 7610
Special Protection of Children against Child Abuse, Exploitation and
Discrimination Act
A. CHILD PROSTITUTION
Who are children exploited in prostitution and other sexual abuse?
Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution and other sexual abuse.
Who are punishable?
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
prostitute;
Whenever any motor vehicle is found to have a serial number on its motor
engine, engine block or chassis which is different from that which is listed in
the records of the Bureau of Customs for motor vehicles imported into the
Philippines, that motor vehicle shall be considered to have a defaced or
tampered with serial number.
"Repainting" is changing the color of a motor vehicle by means of painting.
There is repainting whenever the new color of a motor vehicle is different
from its color as registered in the Land Transportation Commission.
5. The penalty provided for in this Act shall be imposed in its maximum period if the
offender is a public officer or employee, together with the penalty of disqualification
or suspension depending on the penalty imposed;
R.A. 6539
Anti-Carnapping Act of 1972
SECTION 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" is any vehicle propelled by any power other than muscular
power using the public highways, but excepting road rollers, trolley cars,
street-sweepers, sprinklers, lawn mowers, bulldozers, graders, 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.
"Defacing or tampering with" a serial number is the erasing, scratching,
altering or changing of the original factory-inscribed serial number on the
motor vehicle engine, engine block or chassis of any motor vehicle.
stating therein 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 Land Transportation Commission regional,
provincial and city branch offices: Provided, That all Land Transportation
Commission regional, provincial and city branch offices are likewise obliged
to furnish copies of all registration of motor vehicles to the main office and
to the Philippine Constabulary.
imprisonment for not less than seventeen years and four months and not
more than thirty years, when the carnapping is committed by means of
violence against or intimidation of any person, or force upon things; and the
penalty of life imprisonment to death shall be imposed when the owner,
driver or occupant of the carnapped motor vehicle is killed in the commission
of the carnapping.
SECTION 15. Aliens. Aliens convicted under the provisions of this Act
shall be deported immediately after service of sentence without further
proceedings by the Deportation Board.
P.D. 532
Anti-Piracy and Anti-Highway Robbery Law of 1974
SECTION 2. Definition of Terms. The following terms shall mean and
be understood, as follows:
a.
b.
c.
SECTION 14. Penalty for Carnapping. Any person who is found guilty
of carnapping, as this term is defined in Section two of this Act, shall,
irrespective of the value of motor vehicle taken, be punished by
imprisonment for not less than fourteen years and eight months and not more
than seventeen years and four months, when the carnapping is committed
without violence or intimidation of persons, or force upon things; and by
d.
Philippine Waters. It shall 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. 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 shall refer to any road, street, passage,
highway and bridges or other parts thereof, or railway or railroad within
the Philippines used by persons, or vehicles, or locomotives or trains for
the movement or circulation of persons or transportation of goods,
articles, or property or both.
Piracy. Any attack upon or seizure of any vessel, or the taking away of
the whole or part thereof or its cargo, equipment, or the personal
e.
It shall be presumed that any person who does any of the acts provided in this
Section has performed them knowingly, unless the contrary is proven.
(b)
(c)
(d)
(e)
RA 7832
Anti Electricity and Electric Transmission Lines/ Materials Pilferage Act
of 1994
Acts punishable
Illegal Use of Electricity (2)
(a)
Cut, saw, slice, separate, split, severe, smelt, or remove any electric
power transmission line/material or meter from a tower, pole, or 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;
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;
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
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.
Presumptions
Circumstances:
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;
The presence inside the electric meter of salt, sugar and other elements that
could result in the inaccurate registration of the meter's internal parts to
prevent its accurate registration of consumption of electricity;
The existence of any wiring connection which affects the normal operation or
registration of the electric meter;
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;
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;
The mutilation, alteration, reconnection, disconnection, bypassing or
tampering of instruments, transformers, and accessories;
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
The acceptance of money and/or other valuable consideration by any officer
of 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 above. 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
RA 8041
An Act to Address the National Water Crisis and For Other Purposes
Sec. 8. Anti-Pilferage. - It is hereby declared unlawful for any person to:
Destroy, damage or interfere with any canal, raceway, ditch, lock, pier, inlet,
crib, bulkhead, dam, gate, service, reservoir, aqueduct, water mains,
water distribution pipes, conduit, pipes, wire benchmark, monument, or
other works, appliance, machinery buildings, or property of any water
utility entity, whether public or private;
Do any malicious act which shall injuriously affect the quantity or quality of
the water or sewage flow of any waterworks and/or sewerage system, or
the supply, conveyance, measurement, or regulation thereof, including
Penalties:
imprisonment of six (6) months to two (2) years and a fine not exceeding double the
amount of the value of the water stolen or the value of the damaged facilities
If the offender is assisted in the commission of the crime by a plumber, officer or
employee of the water utility concerned, the said employee, officer or plumber
shall be punished by imprisonment of two (2) years to six (6) years
If the water is stolen for profit or resale, the offender shall be punished imprisonment
from six (6) to twelve (12) years.
5. Use of Active Gear in the Municipal Waters and Bays and Other Fishery
Management Areas
10. Fishing in Overfished Area and During Closed Season
(a) fishing in municipal waters and in all bays as well as other fishery
management areas using active fishing gears
6. Ban on Coral Exploitation and Exportation
(a) selling or exporting ordinary precious and semi-precious corals, whether
raw or in processed form, except for scientific or research purposes.
The confiscated corals shall either be returned to the sea or donated to
schools and museums for educational or scientific purposes or disposed
through other means.
(a) fishing with gear method that destroy coral reefs, seagrass beds, and other
fishery marine life habitat as may be determined by the Department
(b) using "Muro-Ami" and any of its variation, and such similar gear and
methods that require diving, other physical or mechanical acts to pound the
coral reefs and other habitat to entrap, gather or catch fish and other fishery
species
(c) gathering, selling or exporting white sand, silica, pebbles and other
substances which make up any marine habitat
9. Conversion of Mangroves
(a) converting mangroves into fishponds or for any other purposes
P.D. 330
PenalizingTimber Smuggling or
Illegal Cutting of Logs
SECTION 1. Any person, whether natural or juridical, who directly or
indirectly cuts, gathers, removes, or smuggles timber, or other forest
products, either from any of the public forest, forest reserves and other kinds
of public forests, whether under license or lease, or from any privately owned
forest lands in violation of existing laws, rules and regulation shall be guilty
of the crime of qualified theft as defined and penalized under Articles 308,
309 and 310 of the Revised Penal Code; Provided, That if the offender is a
corporation, firm, partnership or association, the penalty shall be imposed
upon the guilty officer or officers, as the case may be, of the corporation,
firm, partnership or association, and if such guilty officer or officers are
aliens, in addition to the penalty herein prescribed, he or they shall be
deported without further proceedings on the part of the Commissioned of
Immigration and Deportation.
The same penalty plus cancellation of his license agreement, lease, license or
permit and perpetual disqualification from acquiring any such privilege shall
be imposed upon any licensee, lessee, or permittee who cuts timber from the
licensed or leased area of another, without prejudice to whatever civil action
the latter may bring against the offender.
P.D. 705
The Forestry Reform Code (as amended)
SECTION 68. Cutting, gathering and/or collecting timber or other products
without license. 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, shall be guilty of
qualified theft as defined and punished under Articles 309 and 310 of the
RPC; Provided, That in the case of partnership, association or corporation,
the officers who ordered the cutting, gathering or collecting shall be liable,
and if such officers are aliens, they shall, in addition to the penalty, be
deported without further proceedings on the part of the Commission on
Immigration and Deportation.
The Court shall further order the confiscation in favor of the government of
the timber or forest products to cut, gathered, collected or removed, and the
machinery, equipment, implements and tools used therein, and the forfeiture
of his improvements in the area.
c.
d.
e.
The penalty of arresto mayor in its minimum period, if such value does not
exceed 5 pesos.
P.D. 2018
Making Illegal Recruitment a Crime of Economic Sabotage
Acts punishable
1.
2.
c)
b)
c)
What constitutes a trust receipt transaction?
d)
BP 22
An Act Penalizing the Making or Drawing and Issuance of a Check
Without Sufficient Funds or Credit and For Other Purposes
Section 1
BP 22 may be violated in TWO ways
Elements of the offense defined in the first paragraph of Section 1:
1. That a person makes or draws and issues any check
2. That the check is made or drawn and issued to apply on account or for
value
3. That the person who makes or draws and issues the check knows at the
time of issue that he does not have sufficient funds in or credit with the
drawee bank for the payment of such check in full upon its presentment
4. That the check
a. is subsequently dishonored by the drawee bank for insufficiency of
funds or credit, or
b. would have been dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop payment
Elements of the offense defined in the second paragraph of Section 1:
1. That a person has sufficient funds in or credit with the drawee bank when
he makes or draws and issues a check
2. That he fails to keep sufficient funds or to maintain a credit to cover the
full amount of the check if presented within a period of 90 days from the
date appearing thereon
3. That the check is dishonored by the drawee bank
The check may be drawn and issued to "apply on account of for value":
BP 22 does not make a distinction as to whether the bad check is issued
in payment of an obligation or to merely guarantee an obligation
There was a mistake in naming the payee of the check; so the drawer
ordered the bank to stop payment; and it appeared that the drawer knew at
the time that the check was issued that he had no sufficient funds in the bank.
In this case, NO VIOLATION OF BP 22!
Even if the check would have been dishonored for insufficiency of funds
had he not ordered the bank to stop payment, there was a VALID reason
(wrong payee) for ordering the bank to stop payment.
Section 2
Section establishes a prima facie evidence of "knowledge of insufficiency ":
when payment of the check is refused by the drawee because of insufficient
funds / credit when the check is presented within 90 days from the date of
such check
Exception:
a. when the maker or drawer pays the holder thereof of the amount due
thereon or
b. makes arrangements for payment in full by the drawee of such check
within 5 banking days after receiving notice that such check has not been
paid by the drawee
Section 3
Section 3 requires the drawee
1. in case where drawee refuses to pay the check to the holder:
Write, print, or stamp on the check or to be attached thereto the reason for
dishonoring.
P.D. 1613
Amending the Law on Arson
SECTION 1. Arson. Any person who burns or sets fire to the property of another
shall be punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.
Any person or persons who shall commit estafa or other forms of swindling
as defined RPC 315 and 316 shall be punished by life imprisonment to death
if the swindling (estafa) is committed by a syndicate consisting of five or
more persons formed with the intention of carrying out the unlawful or
illegal act, transaction, enterprise or scheme, and the defraudation results in
the misappropriation of money contributed by stockholders, or members of
rural banks, cooperative, "samahang nayon(s)", or farmers association, or of
funds solicited by corporations/associations from the general public.
When not committed by a syndicate as above defined, the penalty imposable
shall be reclusion temporal to reclusion perpetua if the amount of the fraud
exceeds 100,000 pesos.
1.
2.
3.
4.
5.
6.
7.
1.
2.
3.
4.
5.
6.
1.
2.
3.
4.
1.
2.
3.
4.
5.
6.
7.
1.
2.
3.
4.
5.
1.
2.
The penalty of reclusion temporal in its maximum period to death shall also be
imposed upon any person who shall burn:
Any arsenal, shipyard, storehouse or military powder or fireworks factory,
ordnance storehouse, archives or general museum of the government.
In an inhabited place, any storehouse or factory of inflammable or explosive
materials.
If as a consequence of the commission of any of the acts penalized under this Article,
death or injury results, or any valuable documents, equipment, machineries,
apparatus, or other valuable properties were burned or destroyed, the mandatory
penalty of death shall be imposed.
RA 7877
ANTI-SEXUAL HARASSMENT ACT OF 1995
SECTION 3. Work, Education or Training-related Sexual Harassment
Defined. Work, education or training-related sexual harassment is
committed by an employer, employee, manager, supervisor, agent of the
employer, teacher, instructor, professor, coach, trainor, or any other person
who, having authority, influence or moral ascendancy over another in a work
or training or education environment, demands, requests or otherwise
requires any sexual favor from the other, regardless of whether the demand,
request or requirement for submission is accepted by the object of said act.
(a) In a work-related or employment environment, sexual harassment is
committed when:
(1)
The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or the refusal to grant
the sexual favor results in limiting, segregating or classifying the
employee which in any way would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said
employee;
(2)
The above acts would impair the employee's rights or privileges
under existing labor laws; or
(3)
The above acts would result in an intimidating, hostile, or offensive
environment for the employee.
(b) In an education or training environment, sexual
harassment
is
committed:
(1)
Against one who is under the care, custody or
supervision of the offender;
(2)
Against one whose education, training, apprenticeship or
tutorship is entrusted to the offender;
(3)
When the sexual favor is made a condition to the giving
of a passing grade, or the granting of honors and scholarships or the
payment of a stipend, allowance or other benefits, privileges, or
considerations; or
(4)
When the sexual advances result in an intimidating,
hostile or offensive environment for the student, trainee or
apprentice.
Any person who directs or induces another to commit any act of sexual harassment
as herein defined, or who cooperates in the commission thereof by another without
which it would not have been committed, shall also be held liable under this Act.
RA 7610
Special protection of Children Against Child Abuse, Exploitation and
Discrimination Act
ARTICLE III
Child Prostitution and Other Sexual Abuse
SECTION 5. Child Prostitution and Other Sexual Abuse. Children,
whether male or female, who for money, profit, or any other consideration or
due to the coercion or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children exploited
in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua
shall be imposed upon the following:
a)
Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to, the following:
1. Acting as a procurer of a child prostitute;
2. Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means;
3. Taking advantage of influence or relationship to procure a child as
prostitute; NPcBCo
4. Threatening or using violence towards a child to engage him as a
prostitute; or
5. Giving monetary consideration goods or other pecuniary benefit to a
child with intent to engage such child in prostitution.
(b)
Those who commit the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to other sexual
abuse; Provided, That when the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and
Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape
or lascivious conduct, as the case may be: Provided, That the penalty for
lascivious conduct when the victim is under twelve (12) years of age shall be
reclusion temporal in its medium period; and
(c)
Those who derive profit or advantage therefrom, whether as manager
or owner of the establishment where the prostitution takes place, or of the
sauna, disco, bar, resort, place of entertainment or establishment serving as a
cover or which engages in prostitution in addition to the activity for which
the license has been issued to said establishment.
SECTION 6. Attempt To Commit Child Prostitution. There is an attempt
to commit child prostitution under Section 5, paragraph (a) hereof when any
person who, not being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any other hidden
or secluded area under circumstances which would lead a reasonable person
to believe that the child is about to be exploited in prostitution and other
sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a
sauna parlor or bath, massage clinic, health club and other similar
establishments.
A penalty lower by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the principals of the
attempt to commit the crime of child prostitution under this Act, or, in the
proper case, under the Revised Penal Code.
It shall be unlawful:
d) for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by
It is not unlawful: