Académique Documents
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192330,
I. REVISED PENAL November 14, 2012, the Court held that
criminal intent is not an element of technical
CODE BOOK I malversation. The law punishes the act of
diverting public property earmarked by law
or ordinance for a particular public purpose
to another public purpose. It is the
commission of an act as defined by law and
A. FUNDAMENTAL AND not he character or effect thereof that
GENERAL PRINCIPLES IN determines whether or not the provision has
been violated. Hence, malice is completely
CRIMINAL LAW irrelevant. (Campanilla,2018).
Period Application:
– each of the three equal parts of divisible The law applies mandatorily to
penalty; Minimum, maximum, and medium violations of RPC and Special Penal
Laws where imprisonment would
Indeterminate Sentence Law: exceed 1 year, and where the penalty
It is a sentence with a minimum term and a is divisible.
maximum term which the court is mandated - It is mandatory where imprisonment
to impose for the benefit of a guilty person would exceed one year, (People v. Lee, Jr.,
who is not disqualified therefore, when the 132 SCRA 66)
maximum imprisonment exceeds 1 year. - It covers only divisible penalties and does
not include indivisible penalties. (People
The purpose of the law: v. Gonzales, 148 SCRA 649)
- to avoid prolonged imprisonment In cases where the application of the
because it is proven to be more law on indeterminate sentence would
destructive than constructive to be unfavorable to the accused,
offenders. resulting in the lengthening of his
- To uplift and redeem valuable human prison sentence, aid law on
material, and prevent unnecessary and indeterminate sentence should not be
excessive deprivation of personal liberty applied. (People v. Nang Kay, 88 Phil.
and economic usefulness. (People v. 515, 519)
Ducosin, 59 Phil. 109, 117) While habitual delinquents are not
entitled to an indeterminate sentence,
a recidivist for the first time may be NOTE: mere adherence to the enemy does not
given the benefits of the law. (People constitute treason. The traitor must have
v. Yu Lian, C.A., 40 O.G. 4205; People v. given aid or comfort while adhering to the
Venus, 63 Phil. 435, 442) enemy
Examples of Treason:
What is treason?
The true test of lack of cause is whether the Example: Members of the Church of Christ
affidavit filed in support of the application for caused the burial of one of its members. They
search warrant has been drawn in such a passed through the churchyard of a Catholic
manner that perjury could be charged church despite the opposition of the Catholic
thereon and affiant be held liable for damages priest. Said act was held to be notoriously
caused. (Alvarez v. Court, et al., 64 Phil. 33) offensive to the feelings of the faithful,
determined through the point of view of the
Effect when evidence is obtained through
complainant and not the offender. (People v.
a search warrant issued without just cause
Baes, supra)
The papers and effects obtained during the
Rebellion distinguished from Treason:
unreasonable search and seizure under a
search warrant issued without probable REBELLION TREASON
cause and not in accordance with the Levying of war Performed in aid of
prescribed procedure, or in violation of the during peace time enemy during
privacy of communication and for any of the wartime
purposes mentioned
correspondence, the same are not admissible
Always involves May be committed
if presented as evidence. (Sec. 2 and 3, Article
taking up arms by mere adherence
III, 1987 Constitution of the Philippines) against government. to the enemy, giving
aid or comfort The scandal The purpose is to
involved refers to disturb public
moral scandal peace.
INCITING TO PROPOSAL TO offensive to decency
REBELLION COMMIT or good customs,
REBELLION although it does not
It is not required that The person who disturb public
the offender has proposes has decided peace. But such
decided to commit to commit rebellion. conduct or act must
rebellion be open to the
The act of inciting is The person who public view.
done publicly. proposes the
execution of the
crime uses
RAPE
Par. 1, Art. 266-A, elements:
Who are agents of persons in authority?
1. The offender is a man;
A person who, by direct provision of law or by
2. The offender had carnal knowledge of a
election or by appointment by competent woman;
authority, is charged with the maintenance of 3. That such act is accomplished by either:
public order and the protection and security a. Using force or intimidation; or
of life and property, such as a barrio b. When the woman is deprived of
councilman, barrio policeman and barangay reason or otherwise unconscious;
leader and any person who comes to the aid or
c. By means of fraudulent
of persons in authority, shall be deemed an
machinations or grave abuse of
agent of a person in authority. (Art. 152, par. authority; or
2) d. When the woman is under 12
years of age or demented.
Grave Scandal differentiated from Alarms
and Scandal
Par. 2, Art. 266-A, elements:
GRAVE SCANDAL ALARMS AND
SCANDAL 1. The offender commits an act of sexual
Committed with the The disturbance or assault;
consent of the scandal is 2. That the sexual assault is committed by
offender and committed while either:
without being intoxicated or a. Inserting his penis into another
intoxicated or otherwise person’s mouth or anal orifice; or
otherwise. b. Inserting any instrument or object
into the genital or anal orifice of
another person.
3. That the sexual assault is accomplished
under any of the following circumstances:
a. By using force or intimidation; or
b. When the woman is deprived of
reason or otherwise unconscious;
or
c. By means of fraudulent Constructive force – overpowering the victim
machinations or grave abuse of by drugging her.
authority; or
d. When the woman is under 12 NOTE: futile resistance does not mean
years of age or demented. consent. But there must be at least physical
struggle.
Who can commit rape?
Intimidation refers to the victim’s perception.
A male or female (under paragraph 2).
It is enough that it produces fear that if the
RAPE BY SEXUAL INTERCOURSE victim does not yield to the demands of the
accused, something unlawful would happen
Refers to the contact of the male penis to the to her.
female vagina.
Moral ascendancy or influence over the victim
Hence, mere contact or slight penetration of substitutes the element of force or
the penis with the labia majora or the labia intimidation. In such case, it is not necessary
minora of the pudendum constitutes that the victim put up a determined
consummated rape. (People v. De la Peña, 233 resistance. This can apply in cases of
SCRA 573, 1994) incestuous rape.
Penis merely grazed the outer vagina or NOTE: Rape may be proved by the
mons pubis uncorroborated testimony of the victim. This
is because most often, the victim is the only
In such case, rape is not consummated. The
one available to prove directly the
crime committed may be acts of
commission of rape. Corroboration by other
lasciviousness under Art. 336.
eyewitnesses is seldom available. The
RAPE THROUGH SEXUAL ASSAULT testimony, however, must be conclusive,
logical, and probable.
The use of a finger to consummate rape
through sexual assault Victim deprived of reason or otherwise
unconscious
One form of rape through sexual assault
involves the use of an object to penetrate the In this case, the victim had no will or is unable
vaginal or anal orifice of the victim. Hence the to put up a resistance. The deprivation of
term object rape. reason does not need to be complete. Mental
abnormality or deficiency is sufficient.
A finger, in appreciating object rape, is
considered as an object. (People v. Soriano, Examples:
G.R. No. 142779-95, august 2002)
1. Victim was asleep
By using force and intimidation 2. The victim was insane
3. Victim was knocked unconscious
The force employed need not be so great or 4. Victim was administered with narcotics
NOTE: There is no such thing as frustrated
irresistible. It is enough that the force used is
rape. Rape is either consummated or
sufficient to consummate the rape.
attempted.
Attempted Rape As such, the fact that the woman raped was a
prostitute is not a defense that can be set up
In rape by sexual intercourse, failure of the by the offender.
penis to contact the labia majora or labia
minora of the pudendum of the victim, with Absence of spermatozoa
intent to rape, constitutes attempted rape.
In rape, the unlawful act punished is the
In rape by sexual assault, failure to insert the sexual intercourse committed, not the
instrument in the anal or vaginal orifice of the ejaculation. The slightest penetration of the
victim, or failure to insert the penis to the oral penis in the female vagina constitutes rape.
or anal orifice of the victim, with intent to
rape, constitutes attempted rape. Statutory Rape
If there was no intent to rape, but merely to When the victim of rape is a girl under 12
satisfy a lustful desire, then the crime may be years of age even if she consented thereto or
acts of lasciviousness. even if she was a prostitute.
As a rule, being sweethearts does not negate The penalty of reclusion perpetua without
the commission of rape because such fact eligibility for parole, pursuant to R.A. No.
does not give appellant license to have sexual 9346, shall be imposed rape was committed
intercourse against her will, and will not under the following circumstances:
exonerate him from the criminal charge of 1. When the victim is a child below 7 years
rape. Being sweethearts does not prove old;
consent to the sexual act. (People v. Olesco, 2. When the victim is 7 years old but under
G.R. No. 174861, April 11, 2011) 18 years old, and the offender is a parent,
ascendant, step-parent, guardian, relative
However, it may be a valid defense if proven by consanguinity or affinity within the
with compelling evidence that: third civil degree, or the common-law
spouse of the parent of the victim;
1. The accused and the victim were lovers, 3. When the victim is under the custody of
and the police or military authorities or any
2. The latter consented to the alleged sexual law enforcement or penal institution;
relations. (People v. Bautista, G.R. No. 4. When rape is committed in full view of
140278, June 3, 2004) the spouse, parent, any of the children or
other relatives within the third civil
degree of consanguinity;
Rape shield rule 5. When the victim is a religious engaged in
legitimate religious vocation or calling
In prosecutions for rape, evidence of and is personally known to be such by the
complainant’s past sexual conduct, opinion offender before or at the time of the
thereof of his or her reputation, shall not be commission of the crime;
admitted unless, and only to the extent the 6. The offender knows that he is afflicted
with Human Immuno-Deficiency Virus
court finds, that such evidence is material and
(HIV) or Acquired Immune Deficiency
relevant to the case. (R.A. No. 8505) Syndrome (AIDS) or any other sexually
transmissible disease and the virus or
disease is transmitted to the victim; victims is not a case of special complex crime
7. When committed by any member of the of rape with homicide. The bestiality may be
armed forces of the Philippines or regarded as a form of ignominy or cruelty
paramilitary units thereof or the
which aggravated the homicide to murder.
Philippine National Police or any law
enforcement agency or penal institution, Rape under Art. 355 differentiated from
when the offender took advantage of his
Rape under Art. 266-A or R.A. No. 8353
position to facilitate the commission of
the crime;
8. When the offender knew of the pregnancy
of the victim at the time of the RAPE (Art. 335) RAPE (Art. 266-A)
commission of the crime;
Crime against Crime against
9. When the offender knew of the mental
Chastity. Persons.
disability, emotional disorder and/or
Can only be In sexual assault, it
physical handicap of the victim at the time
committed by a man can be committed by
of the commission of the crime;
against a woman. anyone against
10. When by reason or on occasion of the
anyone.
rape, the victim has suffered permanent
A private crime. It A public crime. Rape
physical mutilation or disability;
cannot be prosecuted can be prosecuted
11. When by reason or on occasion of rape,
the complaint is not even if the victim
the victim has become insane;
filed by the woman, does not file a
12. Whenever the rape is committed with the
her parents, complaint.
use of a deadly weapon or by two or more
grandparents, or
persons.
guardian if the
13.
woman was a minor
NOTE: the penalty before the amendment of
or is incapacitated.
R.A. No. 9346 was death. Marriage of the
Marriage of the
victim with one of victim with one of
Special Complex Crime of Rape with
the offenders
the offenders only
Homicide benefits the
extinguishes the
accomplices and the liability of the one
By reason or on occasion of rape, homicide is accessories as well.married and cannot
committed. extend to other
participants.
The principal crime committed must be rape Marital rape is not Marital rape is
in order for it to be a special complex crime of recognized. recognized.
rape with homicide. If the offender is merely
guilty of acts of lasciviousness, there can be
no such special complex crime, nor is there a Penalties of Rape
special complex crime of acts of
1. Rape committed under any of the four (4)
lasciviousness with homicide. circumstances (intimidation, deprivation
of reason, etc.):
The penalty is reclusion perpetua.
a. Rape by Sexual Intercourse –
Reclusion Perpetua
Q: X murdered two women. Before the
b. Rape by Sexual Assault – Prision
women died, he raped them. What crimes Mayor
were committed? 2. Rape committed with the use of a deadly
weapon or by two or more persons:
A: Two murders. The raping of the dying
a. Rape by Sexual Intercourse – extinguish the penal action and penalty
Reclusion Perpetua (R.A. No. against the other offenders such as co-
9346) principals, accomplices, or accessories.
b. Rape by Sexual Assault – Prision Under the old rule, Art. 355 of the RPC
Mayor to Reclusion Temporal allows the extinguishment of the penal
3. Rape where the victim becomes insane: action and penalty against the other
a. Rape by Sexual Intercourse – offenders when one of the offenders
Reclusion Perpetua (R.A. No. marries the victim. This no longer applies.
9346)
b. Rape by Sexual Assault –
Reclusion Temporal Marital Rape
4. Attempted rape and homicide is
committed: Under Art. 355 of the RPC, a husband
a. Rape by Sexual Intercourse – cannot be liable for marital rape upon his
Reclusion Perpetua (R.A. No. wife.
9346) If the legal husband is the offender, the
b. Rape by Sexual Assault – subsequent forgiveness by the wife as the
Reclusion Temporal to Reclusion offended party shall extinguish the
Perpetua criminal action and penalty, provided that
5. Qualified Rape: the crime and penalty shall not be
a. Rape by Sexual Intercourse – extinguished if the marriage is void ab
Reclusion Petpetua (R.A. No. initio.
9346)
b. Rape by Sexual Assault –
Reclusion Temporal PRESUMPTIONS – ART. 266-D
Estafa with Abuse of Confidence (Par. B), NOTE: If the thing delivered has only be
Elements: partially paid, there is no estafa.
The offender need not derive actual gain from MALVERSATION ESTAFA WITH
the misappropriation or conversion of the ABUSE OF
property. What is necessary is that the CONFIDENCE
creditor suffered actual prejudice from the Offender is Same.
entrusted with
criminal act.
funds of property.
A continuing Same.
offense.
Subsistence of Estafa if public officer in Usually public funds Funds or property
or property. are always private.
Malversation is acquitted
Offender is a public Offender is a private
In case the public officer prosecuted for officer accountable individual or public
for public funds or officer not
Malversation is acquitted, the private
property. accountable for
individual allegedly conspiring with thee public funds or
public officer may still be held liable for property.
estafa. Committed by Committed by
appropriating, misappropriating,
Partnership taking or converting, or
misappropriating or denying having
No estafa of money or property received for consenting, or received money,
the partnership when the business is through goods, or other
commercial and profits accrued. abandonment or personal property.
negligence,
However, if property is received for specific permitting any
purpose and is misappropriated, estafa is other person to take
committed. the public funds or
property.
NOTE: Failure to account after the demand is
made is circumstantial evidence of
misappropriation. MALICIOUS MISCHIEF
Demand is not a condition precedent to estafa 1. That the offender deliberately caused
when the misappropriation may be damage to the property of another;
2. That such act does not constitute arson or
established by other evidence.
other crimes involving destruction; and
3. That the act damaging another’s property
Offender is a servant, domestic helper, or
be committed merely for the sake of
employee damaging it.
Such persons who receive property from his
master is not guilty of estafa but of qualified Malicious Mischief
theft.
Willful damaging of another’s property for the
sake of causing damage die to hate, revenge,
or other evil motive. A married man can only be charged with
concubinage when he commits any of the
NOTE: If there is no malice, there is only civil three ways mentioned in Art. 334. Mere
liability. sexual intercourse with another woman not
his wife does not constitute concubinage.
With intent to gain
Concubinage by Keeping a Mistress in the
If the crime is committed with intent to gain, conjugal dwelling
then it is theft.
Not necessary that there is proof of
NOTE: Damage must not be incident of a having sexual intercourse with the
crime, such as breaking a window in robbery. mistress. The punishable act is the fact of
keeping a mistress in the conjugal
CONCUBINAGE dwelling. (People v. Bacon, C.A., 44 O.G.
2760)
Elements: “Scandalous circumstances” are not
necessary to make a husband guilty of
1. The offender, a man, must be married; concubinage by keeping a mistress in the
2. He committed the following acts: conjugal dwelling. (U.S. Macabagbag, et
a. Keeping a mistress in the conjugal al., 31 Phil. 257)
dwelling; or
b. Having sexual intercourse, under Conjugal Dwelling
scandalous circumstances with a
woman who is not his wife; or The home of the husband and wife even if the
c. Cohabiting with her in any other wife happens to be temporarily absent on any
place. account. (Reyes, 2006)
3. As regards the woman, she must know
him to be married. Concubinage by having sexual intercourse
under scandalous circumstances
Three ways of committing concubinage:
“Scandalous circumstance” is an element
of the crime. It refers to the act of sexual
1. By keeping a mistress in the conjugal
intercourse and may be proved by
dwelling; or
circumstantial evidence. The offender
2. By having sexual intercourse, under
must be so imprudent and wanton as to
scandalous circumstances, with a woman
offend modesty and that innate sense of
who is not his wife; or
morality and decency of the people in the
3. By cohabiting with her in any other place.
neighborhood.
Persons Liable
Concubinage by cohabiting with a woman
1. A married man (husband); in any other place
2. The other woman who knows him to be
married. Cohabit – means to dwell together, in the
Mere sexual intercourse with another manner of husband and wife, for some
period of time, as distinguished from
woman does not constitute concubinage
occasional, transient intervals for
unlawful intercourse. (People v. Pitoc, G.R. P.D. No. 1613 – ANTI-ARSON LAW
No. 18513, September 18, 1922)
The Regional Trial Court designated as a NOTE: Illegal access refers to the access to
Family Court shall have original and exclusive the whole or any part of a computer system
jurisdiction over cases of violence against without right.
women and their children under this law. In
the absence of such court in the place where 2. Illegal Interception – The interception
the offense was committed, the case shall be made by technical means without right of
filed in the Regional Trial Court where the any non-public transmission of computer
crime or any of its elements was committed at data to, from, or within a computer
the option of the compliant. system including electromagnetic
emissions from a computer system
carrying such computer data.
R.A. NO. 10175 – ANTI- 3. Data Interference — The intentional or
CYBERCRIME LAW reckless alteration, damaging, deletion or
deterioration of computer data, electronic
Computer Data document, or electronic data message,
without right, including the introduction
Any representation of facts, information, or or transmission of viruses.
concepts in a form suitable for processing in a 4. System Interference — The intentional
computer system including a program alteration or reckless hindering or
suitable to cause a computer system to interference with the functioning of a
perform a function and includes electronic computer or computer network by
documents and/or electronic data messages inputting, transmitting, damaging,
whether stored in local computer systems or deleting, deteriorating, altering or
online. suppressing computer data or program,
electronic document, or electronic data
Jurisdiction message, without right or authority,
including the introduction or juridical, without right: Provided, That if
transmission of viruses. no damage has yet been caused, the
5. Cyber-squatting – The acquisition of a penalty imposable shall be one (1) degree
domain name over the internet in bad lower.
faith to profit, mislead, destroy 9. Cybersex — The willful engagement,
reputation, and deprive others from maintenance, control, or operation,
registering the same, if such a domain directly or indirectly, of any lascivious
name is: exhibition of sexual organs or sexual
a. Similar, identical, or confusingly activity, with the aid of a computer
similar to an existing trademark system, for favor or consideration.
registered with the appropriate
government agency at the time of Child Pornography
the domain name registration;
b. Identical or in any way similar The unlawful or prohibited acts defined and
with the name of a person other punishable by Republic Act No. 9775 or the
than the registrant, in case of a Anti-Child Pornography Act of 2009,
personal name; and committed through a computer system:
c. Acquired without right or with Provided, That the penalty to be imposed shall
intellectual property interests in be (1) one degree higher than that provided
it. for in Republic Act No. 9775
6. Computer-related Forgery:
a. The input, alteration, or deletion Aiding or Abetting in the Commission of
of any computer data without Cybercrime
right resulting in inauthentic data
with the intent that it be Any person who willfully abets or aids in the
considered or acted upon for legal commission of any of the offenses
purposes as if it were authentic, enumerated in this Act shall be held liable.
regardless whether or not the
data is directly readable and Attempt in the Commission of Cybercrime
intelligible; or
b. The act of knowingly using
Any person who willfully attempts to commit
computer data which is the
any of the offenses enumerated in this Act
product of computer-related
shall be held liable.
forgery as defined herein, for the
purpose of perpetuating a
fraudulent or dishonest design. R.A. NO. 9208 – ANTI-
7. Computer-related Fraud — The TRAFFICKING IN PERSONS ACT
unauthorized input, alteration, or deletion
of computer data or program or Trafficking in Persons
interference in the functioning of a Refers to the recruitment, transportation,
computer system, causing damage transfer or harboring, or receipt of persons
thereby with fraudulent with or without the victim's consent or
intent: Provided, That if no damage has knowledge, within or across national borders
yet been caused, the penalty imposable by means of threat or use of force, or other
shall be one (1) degree lower. forms of coercion, abduction, fraud,
8. Computer-related Identity Theft – The deception, abuse of power or of position,
intentional acquisition, use, misuse, taking advantage of the vulnerability of the
transfer, possession, alteration or person, or, the giving or receiving of
deletion of identifying information payments or benefits to achieve the consent
belonging to another, whether natural or
of a person having control over another NOTE: Prosecution under this act does not
person for the purpose of exploitation which bar criminal liability under the RPC.
includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual SIGNIFICANT PERIODS UNDER THIS ACT
exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs. 5 DAYS – The maker or issuer must make
arrangements to make good the check within
Sexual Exploitation this period after receiving notice to escape
criminal liability for issuing a rubber check.
Refers to participation by a person in
prostitution or the production of 90 DAYS - He must maintain sufficient funds
pornographic materials as a result of being within this period to destroy the prima facie
subjected to a threat, deception, coercion, presumption of knowledge of insufficiency of
abduction, force, abuse of authority, debt funds to back up the check
bondage, fraud or through abuse of a victim's
vulnerability. 180 DAYS - Failure of the payee to deposit or
Venue encash the check within this period will make
the check stale or valueless, hence no criminal
A criminal action arising from violation of this action can arise therefrom.
Act shall be filed where the offense was
committed, or where any of its elements In Lim v. People, G.R. No. 190834, 26
occurred, or where the trafficked person November 2014, if a person accused
actually resides at the time of the commission under B.P. 22 settles the dishonored
of the offense: Provided, That the court where check after receiving the subpoena
the criminal action is first filed shall acquire
from the prosecution’s office, then it
jurisdiction to the exclusion of other courts.
will forestall the filing of the
Prescriptive Period information in court.
Trafficking cases under this Act shall Reason: The spirit of the law behind BP 22 is
prescribe in ten (10) years: Provided, the protection of the credibility and stability
however, That trafficking cases committed by of the banking system. This would not be
a syndicate or in a large scale as defined served if people who have evidently made
under Section 6 shall prescribe in twenty (20) amends for their mistakes and made
years.
restitution for damages even before charges
have been filed against them will be
B.P. BLG. 22 – BOUNCING CHECKS penalized. In effect, the payment of the checks
LAW before the filing of the Informations has
already attained the purpose of the law.
Two kinds of violations
R.A. NO. 9165 – COMPREHENSIVE
1. The making or drawing and issuance
of a check when the issuer knew that DANGEROUS DRUGS ACT OF 2002
at the time of issuance he does not
have sufficient funds; and Den, Dive or Resort
2. Failure to keep sufficient funds to A place where any dangerous drug and/or
cover the full amount of the check.
controlled precursor and essential chemical is
administered, delivered, stored for illegal
purposes, distributed, sold or used in any of the accused or the person/s from
form. whom such items were confiscated
and/or seized, or his/her
Drug Dependence
representative or counsel, a
As based on the World Health Organization representative from the media and the
definition, it is a cluster of physiological, Department of Justice (DOJ), and any
behavioral and cognitive phenomena of elected public official who shall be
variable intensity, in which the use of required to sign the copies of the
psychoactive drug takes on a high priority inventory and be given a copy thereof;
thereby involving, among others, a strong 2. Within twenty-four (24) hours upon
desire or a sense of compulsion to take the confiscation/seizure of dangerous
substance and the difficulties in controlling drugs, plant sources of dangerous
substance-taking behavior in terms of its drugs, controlled precursors and
onset, termination, or levels of use. essential chemicals, as well as
instruments/paraphernalia and/or
Drug Syndicate
laboratory equipment, the same shall
Any organized group of two (2) or more be submitted to the PDEA Forensic
persons forming or joining together with the Laboratory for a qualitative and
intention of committing any offense quantitative examination;
prescribed under this Act. 3. A certification of the forensic
laboratory examination results, which
Chain of Custody shall be done under oath by the
forensic laboratory examiner, shall be
Custody and Disposition of Confiscated,
issued within twenty-four (24) hours
Seized, and/or Surrendered Dangerous
after the receipt of the subject item/s:
Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential
Provided, That when the volume of
Chemicals, Instruments/Paraphernalia the dangerous drugs, plant sources of
and/or Laboratory Equipment. dangerous drugs, and controlled
precursors and essential chemicals
The PDEA shall take charge and have custody does not allow the completion of
of all dangerous drugs, plant sources of testing within the time frame, a partial
dangerous drugs, controlled precursors and laboratory examination report shall be
essential chemicals, as well as provisionally issued stating therein
instruments/paraphernalia and/or the quantities of dangerous drugs still
laboratory equipment so confiscated, seized to be examined by the forensic
and/or surrendered, for proper disposition in laboratory: Provided, however, That a
the following manner: final certification shall be issued on
the completed forensic laboratory
1. The apprehending team having initial
examination on the same within the
custody and control of the drugs shall,
next twenty-four (24) hours;
immediately after seizure and
4. After the filing of the criminal case, the
confiscation, physically inventory and
Court shall, within seventy-two (72)
photograph the same in the presence
hours, conduct an ocular inspection of allowed to personally observe all of
the confiscated, seized and/or the above proceedings and his/her
surrendered dangerous drugs, plant presence shall not constitute an
sources of dangerous drugs, and admission of guilt. In case the said
controlled precursors and essential offender or accused refuses or fails to
chemicals, including the appoint a representative after due
instruments/paraphernalia and/or notice in writing to the accused or
laboratory equipment, and through his/her counsel within seventy-two
the PDEA shall within twenty-four (72) hours before the actual burning
(24) hours thereafter proceed with or destruction of the evidence in
the destruction or burning of the question, the Secretary of Justice shall
same, in the presence of the accused appoint a member of the public
or the person/s from whom such attorney's office to represent the
items were confiscated and/or seized, former;
or his/her representative or counsel, a 7. After the promulgation and judgment
representative from the media and the in the criminal case wherein the
DOJ, civil society groups and any representative sample/s was
elected public official. The Board shall presented as evidence in court, the
draw up the guidelines on the manner trial prosecutor shall inform the Board
of proper disposition and destruction of the final termination of the case
of such item/s which shall be borne by and, in turn, shall request the court for
the offender: Provided, That those leave to turn over the said
item/s of lawful commerce, as representative sample/s to the PDEA
determined by the Board, shall be for proper disposition and destruction
donated, used or recycled for within twenty-four (24) hours from
legitimate purposes: Provided, receipt of the same; and
further, That a representative sample, 8. Transitory Provision: a) Within
duly weighed and recorded is twenty-four (24) hours from the
retained; effectivity of this Act, dangerous drugs
5. The Board shall then issue a sworn defined herein which are presently in
certification as to the fact of possession of law enforcement
destruction or burning of the subject agencies shall, with leave of court, be
item/s which, together with the burned or destroyed, in the presence
representative sample/s in the of representatives of the Court, DOJ,
custody of the PDEA, shall be Department of Health (DOH) and the
submitted to the court having accused/and or his/her counsel, and,
jurisdiction over the case. In all b) Pending the organization of the
instances, the representative sample/s PDEA, the custody, disposition, and
shall be kept to a minimum quantity burning or destruction of
as determined by the Board; seized/surrendered dangerous drugs
6. The alleged offender or his/her provided under this Section shall be
representative or counsel shall be implemented by the DOH.
Plea-bargaining and Probation law