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SPECIAL PENAL LAWS If SPL penalty is the same as RPC penalty (same

Lecture Notes terminology and duration), exceeds one year, not


Judge Pimentel indivisible, ISL applies
2nd Sem., SY 2009-2010 After determining the imposable penalty, look at
aggravating, mitigating (ordinary, privileged)
circumstances
INDETERMINATE SENTENCE LAW o If privileged, court has discretion to lower
(Act No. 4103, as amended) penalty by one or two degrees
o Now, minority only results in lowering penalty
Under the Revised Penal Code (RPC), there are four by one degree
groups: Once penalty is determined, judge has discretion
o Those entitled to the Indeterminate Sentence within the range (minimum-maximum)
Law (ISL) Importance of ISL to prisoner:
o Those not entitled to the ISL o If prisoner behaves, upon serving the minimum,
o Those convicted of Estafa (Art. 315 RPC) can already apply for pardon or parole
o Those convicted of Theft (Arts. 308-309 RPC) Thats why they become religiousgood
There are RPC crimes where the accused is not entitled behavior
to ISL (see Sec. 2 ISL) If not entitled to ISL:
o National security o Offender is not entitled to have minimum
o Treason (including conspiracy, proposal, penalty lowered by one degree, he is stuck with
misprision) that penalty
o Habitual delinquent o But sentence is still indeterminate from
o Escaped from confinement minimum of that penalty to maximum of that
o Violated pardon penalty
o Indivisible penalty (life imprisonment, SC: no more straight penalty, EXCEPT if penalty is one
reclusion perpetua) year or less
o Maximum of the penalty does not exceed one If SPL has its own penalty/specific penalty:
year o Ex. penalty of 6 years to 12
o Penalty imposed is not imprisonment yearsindeterminate sentence is from 6 years
Under Special Penal Laws (SPL), accused are also as minimum to 12 years as maximum
entitled to the benefits of ISL For estafa/theft (where there is additional
o EXCEPT for Espionage (under RPC and CA imprisonment based on value/amount)
616) o Penalty is based on amount

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SPECIAL PENAL LAWS
o For the excess (one year imprisonment for every Ex. RA 9165 (Dangerous Drugs Act)
P10,000 in excess of P22,000) add only to the But minor under 15 may be
maximum period, in no case to exceed 20 years placed on probation
If penalty is one period, the maximum is also one Process
period Immediately after judgment, 3 choices
A wrong penalty does not attain finality o Appeal
o File MR (do this first)
o Apply for probation
PROBATION LAW Advantageous if you file MR, may lead to certiorari
(P.D. No. 968, as amended) (Rule 65), allege this already in your MR so you can
easily file certiorari later
6 years or less, does not belong in exceptions = entitled If MR denied, apply for probation, since appeal is a
to probation waiver of right to apply for probation; filing of Rule 65
Accused does not go to prison is not a waiver of the right to apply for probation
Given the opportunity to rejoin society *judge decides MR/application for probation after
This was a PD issued by Marcos lapse of period to appeal, NOT during the 15 day
Managed by Parole and Probation Office period; this is to afford due process to the accused to
o Before: only Probation Office allow him to change his mind in his choice of remedy
o Persons placed on parole and those granted Judge may order prosecutor to comment on the
conditional pardon were required to report to application for probation, but prosecutor not required
the municipal judge to comply
o Recommendation that this duty be taken away After period to comment has lapsed, and there is no
from judges and transferred to the Parole and opposition or the opposition lacks merit or has no legal
Probation office ground, judge will issue an order giving due course to
Who are qualified the application (but this is not a grant of probation yet)
o Convicted and sentenced to a penalty of and ordering the parole and probation officer stationed
imprisonment of 6 years or less or requires to the court to conduct a post-sentence investigation
payment of a fine and to submit such investigation within a period of 60
Not qualified days from receipt of the order of the court
o Those sentenced to suspension or destierro are in the same order the court will direct the
not entitled to probation accused/applicant to report to the paroled and
o Convicted of subversion, crime against national probation officer within 72 hrs from receipt of copy of
the order
security or public order
o Previously placed under probation
o As provided by law

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o because the first person to be interviewed by the There is a case that seems to allow a perpetual
parole and probation officer (PPO) must be the condition
accused o Frat hazing case; as compromise, accused were
you want to see if the accused admits to required to, plead guilty to reckless imprudence
violating the law since this is a sign of resulting in homicide, set up a foundation and
remorse to make monthly contributions as long as they
Post-sentence investigation are capable of paying; one accused asked for
o Interview clarification on how long he has to pay; SC said
Accused that since the compromise was agreed upon by
Complainant the parties and not a court order, the
Officials of the community commitment must be honored
Nature of post-sentence investigation report
o This is a confidential document that cannot be
revealed to anyone but the applicant ANTI-FENCING LAW
o Person who reveals the contents of this report (PD 1612)
to a third person commits an offense
punishable by 1 year imprisonment that is NOT Passed during martial law; at the time there was a
probationable proliferation of sale of things obtained from robbery or
Post sentence investigation report contains theft
recommendation for grant or denial; court will robbery in Anti-fencing law covers all kinds of
schedule a confidential hearing (in chambers) on the robbery (including brigandage, highway robbery, even
report piracy is included in the anti-fencing law since it is
If probation is denied, applicant may file MR or resort basically robbery in waters)
to other remedies theft includes all kinds of theft (qualified theft, theft
If granted, court will issue an order granting probation, in other SPLs*)
the two mandatory conditions (1. Report to probation *other kinds of theft were transferred to SPLs since it
officer who will supervise him within 72 hrs; 2. Report would be easier to prove since they are now mala
at least once a month to the probation officer), and prohibita
other conditions if required by the court (see Sec. 10, *Ex. RA 7832 that punishes theft of electricity, tapping
Probation Law) of electric wirings to secondary lines, and other similar
To plant and care for trees, to render community offenses
service, etc, can be required Person who sells stolen electricity, buys stolen
But once these conditions are accepted, they are electricity, are they liable for fencing?
mandatory and must be complied with Definition
o Fencing is the act of any person who, with
intent to gain for himself or for another, shall

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buy, receive, possess, keep, acquire, conceal, sell IRR
or dispose of, or shall buy and sell, or in any o Station Commanders have visitorial powers
other manner deal in any article, item, object, over all establishments engaged in the buying
or anything of value which he knows, or should and selling of 2nd hand goods; they can make an
be known to him, to have been derived from the inventory of goods bought and sold and those
proceeds of the crime of robbery or theft still in the establishment
One who knows or ought to know/should be known to o Station Commander has absolute power to close
him establishments that are found to violate the law
o Even if you are in good faith but the o Station Commander has authority to issue the
circumstances are suspicious, you are liable; ex. required clearance/permit/certificate of
you bought a Rolex watch at a very low price authority
from a taxi driver o Permit is without cost
o Fencing is malum prohibitum, intent is How can we be protected if we want to buy second
immaterial hand goods?
There need not be a previous conviction of robbery or o Ask for the receipt evidencing that the seller
theft bought the article he is selling; if you buy it, get
If you are able to prove that the source of the article is the receipt
legitimate, you cannot be held criminally liable o If no receipt?
o Ex. you bought a second hand laptop you Pawnshops will ask you to execute an
bought from a computer store and was issued a affidavit of ownership; you will have a
receipt; you will not be held criminally liable copy, they have a copy
under anti-fencing Even if no formal affidavit, can state in a
Is there a necessity of proving that the property subject piece of paper that the person is the
of fencing that was obtained from a proven robbery or owner, this is sufficient
theft? NO There are large-scale violations of anti-fencing law
o Fact that the property was found in the Crime of estafa is not included in anti-fencing law
possession of another is theft; person who is in o Civil action against those who sell things which
possession of the same and is engaged in buying are the product of estafa (?)
or selling it is criminally liable for fencing
It may be hard to determine if goods are actually owned
by particular persons such as stolen rice, fish ILLEGAL POSSESSION OF FIREARMS
Penalty for crime of anti-fencing is the same as theft (PD 1866 as amended by RA 8294)
(Art. 309 RPC)
Usual offenders are those engaged in the business of Before this was passed, there was already a law on
buying and selling second hand goods firearms in the Administrative Code

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o Penalty under Admin Code was only 1 yr of .45
imprisonment .44
PD 1866 (before RA 8294) made illegal possession of .50
firearms a heinous crime punishable by reclusion .60
perpetua to death Rifles (whether .30, 5.67, armalite, m-
o If unlicensed firearm used in killing a person, 14, m-16, garand, carbine, Browning
penalty is death Automatic Rifle)
o Not entitled to bail Low caliber-MTC; high caliber-RTC
o Tried by military commission Illegal possession of explosives-punishable by prision
RA 8294 mayor
o Made clear what firearms are subject to license Explosives can be licensed even in favor of private
by Firearms and Explosives Office persons
Acts punishable Firearms that are exclusively used by the AFP, PNP,
o Possession of firearm without a license and other special forces in other parts of the world
If you will carry firearms, you must have cannot be licensed to private individuals (ex. rocket
a license and permit to carry (PTC; if launcher, RPG, certain special rifles)
you will carry firearms outside your It is also an offense to carry a firearm even if licensed
residence) without a PTC (punishable by arresto mayor)
o Possession of firearm with expired license This offense requires a negative allegation in the
o Possession of firearm with license in the name information, that the accused does not have a licensed,
of another person PTC, or is not allowed to carry a firearm
o Possession of firearm even with license but Prosecution has burden of proving that the person has
during effectivity of a proclamation cancelling no license, evidence is testimony of representative from
all existing license FEO that the accused has no license and a certification
Possession of a firearm also covers possession of parts from the FEO that the person is not listed among those
of a firearm and possession of ammunition who have license, or else the case will be dismissed
o This cannot be stipulated on because the
Penalties imposed depends on the caliber of firearms
o Low caliber-prision correccional maximum allegation in the information is a negative one
.22 (except .22 Magnum Rifle) Transient possession is a defense
.25 Act of having an intent to possess is punishable; no
.32 intent to possess, not criminally liable
.38 When firearms used in the commission of another
.40/9mm offense
o High caliber-prision mayor minimum o Absorbed in homicide or murder, becomes a
.357 Magnum special aggravating circumstance

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SPECIAL PENAL LAWS
o People v. Panderangan (?) Sec. 1 (g) punishes act of soliciting, accepting benefit in
If during the commission of a crime, an consideration of abstaining from, discontinuing, or
accused uses an unlicensed firearm, the impeding criminal prosecution
crime of illegal possession will be o Problem: in cases of estafa, malversation,
absorbed violation of SSS Law, or any other case where
o People v. Soriano money is involved, complainant is interested in
Must prove that the firearm was used in the civil aspect; once he is paid, he may execute
the commission of the crime an affidavit of desistance; is this obstruction of
justice?
Do not use this reason for executing an
affidavit of desistance, as this may lead
OBSTRUCTION OF JUSTICE to prosecution under PD 1829; state
(P.D. No. 1829) other legal justifications for court to
dismiss the case
Offshoot of Art. 19 RPC (accessories); accessories Ex. for estafa, there must be a written
under RPC are principals under PD 1829 demand
Punishes acts which frustrate or tend to frustrate the Sec. 1(h) use of threats, intimidation
apprehension and prosecution of criminal offenders in Sec. 1(g) giving false information to authoritites
criminal cases The law does not provide for the same exception to
IF THERE IS NO CRIME COMMITTED, THERE IS relatives under Art. 19, 20 RPC (but no decided case
NO OBSTRUCTION OF JUSTICE yet)
Sec. 1 (b) can also cover object evidence, not limited to Lambino v. OMB (?) if arresting officers are
documents committing an illegal act (such as illegal or invalid
In Sec. 1 (c), the act must be done knowingly or warrantless arrest, etc.) there is no obstruction of
willfully; there must be an unlawful purpose to conceal justice in resisting the arrest; this the exercise of a right
an offender a person to prevent an illegal act from being committed
Crime under RPC of use of fictitious name to conceal a Enrile v. Amin obstruction of justice is absorbed in
crime is also punishable under Sec. 1(d); duplication of rebellion
the offense might be an issue since the act will be
punishable under both if there is criminal intent
Sec. 1(e) punishes act of delaying the prosecution in ANTI-GRAFT AND CORRUPT PRACTICES ACT
criminal cases AS LONG AS NO OTHER CRIME IS (RA 3019, as amended)
COMMITTED
Sec. 1(f) punishes act of making or presenting false Concerns mainly public officials and employees but
objects, records, documents, etc. in criminal cases may include private individuals who, in conspiracy with

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the public officers and employees, commits the acts o Financial interest in any business in which he
punishable intervenes
Acts may be punished separately Sec. 3(i)
Sec. 3(a) o Interest for personal gain in any act which
o Mere act of persuading, inducing, or influencing requires approval by board of which he is a
o Violation of any law member
o Both the one persuading and the one persuaded o Even if he votes against the same or does not
are liable take part in the action of the board
Sec. 3(b) Sec. 3(j)
o Similar to that in RPC o Granting license to those not qualified or
o Here, the transaction must have already been entitled
finalized; if not yet finalized, may be punished Sec. 3(k)
under another paragraph or under RPC o Divulging information
Sec. 3(c) o information includes resolutions, decisions
o In connection with giving permits/licenses Suspension
Sec. 3(d) o Before any officer can be suspended, there must
o Accepting employment in private enterprise be a pre-suspension hearing
o Extends to family members Prescriptive period shall be from the commission of the
Sec. 3(e) offense; period is 15 years
o Causing undue injury through manifest
partiality, evident bad faith, gross inexcusable
negligence
o undue injury-broad coverage, as long as
damage or prejudice was caused by the act of
the public officer
o gross inexcusable negligence if only simple
negligence, not covered
Sec. 3(f)
o Delay
o For purpose of obtaining benefit from person
interested
Sec. 3(g)
o Entering on behalf of the government
Sec. 3(h)

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