RELEVANT SPECIAL LAWS

Prof. RAMON S. ESGUERRA For UP Bar Operations 2007

I.

ANTI-GRAFT LAW (REPUBLIC ACT NO. 3019)

A. Prohibited Acts: 1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. 2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under the law. 3. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act. 4. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. 5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for

2 the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party; 7. Directly or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. 8. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong. 9. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. 10. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. 11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. B. Related Laws: Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713); Act Forfeiting Ill-Gotten Wealth of Public Officials and Employees (RA 1379); Act barring Public Officials and Employees from receiving gifts (PD 46). C. Case/s: Flores vs. Layosa (2004): Upon determination that the information charging the public officer or employee with an offense punished by Book II, Title 7 of the RPC and/or RA 3019 is valid, the Sandiganbayan must place said accused under preventive suspension. his provision of RA 3019 is mandatory and without any exceptions.

3 Cabahug vs. People (2002) Under Sec. 3(e) of RA 3019, bad faith on the part of the public officer is not enough to make him/her liable. The law requires that the bad faith be evident. Evident bad faith connotes a manifest deliberate intent on the part of the accused to do wrong or cause damage. Go vs. Office of the Ombudsman (2003): Undue injury, as used within the context of RA 3019, is more or less synonymous with term, actual damage. Hence, mere inconvenience does not constitute undue injury.

II.

PLUNDER LAW (REPUBLIC ACT NO. 7080)

A. Provisions PLUNDER is committed through a combination or series of overt acts by which a public officer amasses, acquires, or accumulates ill-gotten wealth amounting to P 50 Million or more. Overt Acts o Misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; o 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 by reason of the office or position of the public officer; By illegal or fraudulent conveyance or disposition of asset belonging to the national government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries; By obtaining, receiving, or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business or undertaking; By establishing agricultural, industrial, or commercial monopolies or other combinations and/or implementations of decrees and orders intended to benefit particular persons or special interests; or 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 Republic of the Philippines.

B. Case: ESTRADA VS. SANDIGANBAYAN (2001): While the crime of plunder is penalized by a special law, the acts constituting the same are basically malversation, bribery and other

4 crimes committed by public officers under the RPC. These offense are inherently wrongful and immoral. As such, plunder and its constitutive offenses are by nature crimes MALA IN SE.

III.

OBSTRUCTION
A.

OF

JUSTICE (PRESIDENTIAL DECREE NO.1829)

Prohibited Acts 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; Faltering, 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; Publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; Delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Ombudsman, or in the courts; Making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; Giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or Fabricating information from the data gathered in confidence by investigating authorities for purposes

5 of background information and not for publication and publishing or disseminating the same to mislead the investigator or the court.

IV.

ANTI-SEXUAL HARASSMENT LAW (REPUBLIC ACT NO. 7877)

A. Provisions Committed by any person having authority, influence or moral ascendancy over another in a work, training or education environment when he or she 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 the said act. Favorable compensation terms, conditions, promotions promised or the refusal to do so results in a detrimental consequence for the victim. Holds liable: o any person who directs or induces another to commit any act of sexual harassment; or o who cooperates in the commission; o the head of the office, educational or training institution solidarily.

B. Case: JACUTIN VS. PEOPLE (2002): The petitioner used his position as City Health Officer to pressure a young nurse applying for a job in his office to accept his advances. This constitutes sexual harassment.

V.

ANTI-CHILD ABUSE LAW (REPUBLIC ACT NO. 7610)

A. Prohibited Acts Child Prostitution and Other Sexual Abuse: i. Facilitating/Procuring Child Prostitutes or Attempt thereof; ii. Sexual Intercourse/Lascivious Conduct with A Child; Child Trafficking/Attempt thereof; Subjecting a child to perform in Obscene Publications and Lewd Shows: i. Incl. Distribution of said materials. Other Acts of: i. Neglect; ii. Abuse; iii. Cruelty; and iv. Exploitation. Using the child to traffic drugs, conduct illegal activities or subject him/her to beg as a means of living. Heavier penalties: i. The penalties for murder, homicide, other intentional mutilation and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve years of age.

B.

Case PEOPLE VS. DELANTAR (2007): Sec. 5, Art. III of R.A. No. 7610 is as clear as day penalizes anyone who engages in or promotes, facilitates or induces child prostitution either by: (1) acting as a procurer of a child prostitute; \or (2) inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; or (3)by taking advantage of influence or relationship to procure a child as a prostitute; or (4) threatening or using violence towards a child to engage him as a prostitute; or (5) giving monetary consideration, goods or other pecuniary benefits to the child with the intent to engage such child in prostitution.

VI.

ANTI-VIOLENCE AGAINST WOMEN/CHILDREN ACT (REPUBLIC ACT NO. 9262)

A. Definitions Take Note of the ff. Definitions: Violence Against Women and their Children; Dating Relationship/Sexual Relations; Battery/Battered Woman Syndrome; Protection Order; Stalking;

B. Prohibited Acts Causing physical harm to the woman or her child; Threatening or attempting to cause the woman or her child physical harm; Placing the woman or her child in fear of imminent physical harm; Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or to desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.

Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.

VII. ANTI-MONEY LAUNDERING LAW (REPUBLIC ACTSNO. 9160/9194)

A. Definitions: Money laundering : a crime wherein proceeds of an unlawful activity defined are transacted, thus making them appear to have originated from a legitimate source. Covered Transactions : a transaction or series of transactions involving amounts in excess of P4Million within the span of five banking days. Covered Institutions: banks, financial institutions, insurance companies, securities and other investment companies. Unlawful Activity: o Hijacking; o Kidnapping for ransom; o Estafa/ other forms of swindling; o Piracy; o Jueteng/ Illegal gambling; o Smuggling; o Extortion; o Violations of the 2002 Electronic Commerce Act o Violations of the 2000 Securities Regulation Code

B.

Prohibited Acts

1. Transacting/ attempting to transact proceeds from an unlawful activity; 2. Knowingly engaging in acts to facilitate money laundering; 3. Failure to report any act of / instrument related to money laundering C. Case REPUBLIC OF THE PHILIPPINES VS. CABRINI, GREEN AND ROSS, INC. (2006): RA 9194 recently amended RA 9160. Under the said amendment, the Court Appeals has the sole authority to issue freeze orders as well as extend the effectivity of such, incl. previous freeze orders issued by the Anti-Money Laundering Council.

VIII. OTHER NOTABLE STATUTES:

A. Anti-Wire Tapping Act (RA 4200); B. Anti-Trafficking of Persons Act of 2003 (RA 9208); Trafficking In Persons, defined; Mail-Order Brides;

8 Black-market distribution of body parts/organs.

C. Anti-Hazing Law (RA 8049); D. Anti-Hijacking Law (RA 6235); E. E-Commerce Act of 2002; Computer Hacking; Spreading Computer Viruses F. Human Security Act of 2007 (RA 9372); Define Terrorism; Attempt/Conspiracy to Commit Terrorism; How principals, accomplices and accessories are punished; Surveillance and Interception of suspected terrorist communication/ said communication considered classified information;

G. Anti-Child Labor Law of 2003 (RA 9231) H. Art Forgery Act of 2001 (RA 9105); I. Philippine Passport Act of 1996 (RA 8293); Penal provisions. J. Government Procurement Reform Act of 2003 (RA 9184); Public biddings. K. Toxic Substances and Hazardous/Nuclear Wastes Control Act (RA 9194); M. Philippine Extradition Law (PD 1069); Define Extradition. N. Illegal Logging (PD 330) and Chainsaw Act of 2002 (RA 9175);