Finals Notes

CLASS NOTES ON SPL CHUA
ACT NO. 4103 (As Amended by Act No. 4225 and Republic Act
No. 4203 [June 19, 1965])
What is ISL?
R.A. No. 4103 or the Indeterminate Sentence Law is xx
What is the purpose of the law?
To uplift and redeem valuable human material, and prevent
unnecessary and excessive deprivation of personal liberty and
economic usefulness (People v. Ducosin)
Aims to individualize the administration of our criminal law
(Reyes 793).
Is ISLaw a penal law?
NO. You do not apply the penal rule that it should be interpreted
liberally in favor of the accused.
In what cases is the ISLaw not applicable?
1) Persons convicted of offenses punished with death or life
imprisonment;
2) Those convicted of treason, conspiracy, or proposal to commit
treason;
3) Those convicted of misprision of treason, rebellion, sedition or
espionage;
4) Those convicted of piracy;
5) Those who are habitual delinquents;
6) Those who shall have escaped from confinement or evaded
sentence;
7) Those who violated the term of conditional pardon granted to
them by the Chief Executive;
8) Those whose maximum term of confinement does not exceed 1
year;
9) Those who, upon approval of the law, had been sentenced by
final judgment;
10) Those sentenced to the penalty of destierro or suspension;
May recidivists avail of the ISLaw?
YES.
What is the court required to do in applying ISLaw?
Determine, instead of a single fixed penalty, a maximum and
minimum term of the sentence to be served.
Does ISLaw prohibit the imposition of straight penalties?
NO. For example if the penalty imposed is less than one year.
What law should be applied?
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What
1)
2)
3)
4)
The law applied should be the RPC or special law imposing a

prison sentence for a crime.
The application of the law is based upon the penalty actually
imposed in the discretion of the court.
It applies only to divisible penalties, not indivisible penalties
such as destierro and suspension.
The application of the law is mandatory where imprisonment
exceeds one year.
is the procedure for imposing ISLaw?
determine penalty prescribed;
dont mind attending circumstances;
lower by one degree, determine minimum;
determine maximum plus proper period according to attending
circumstances; [EXCEPT if there is enough mitigating or
privileged mitigating circumstances follow Art. 64/Art. 65,
consider attending circumstances then determine maximum
term then minimum term];
If offense is punished by
the RPC
MAXIMUM term: maximum
penalty
imposable after
taking
attending
circumstances into account
If offense is punished
by a special law
MAXIMUM term: shall not
exceed the maximum
term prescribed by the
special law
MINIMUM term:
range of
penalty next lower to
penalty prescribed
MINIMUM term: shall not

be
less
than
the
minimum
term
prescribed by the special
law
Formula for easy reference:

OffenseRPC = Min (next lower to prescribed) to Max (imposable)
OffenseSPECIAL = Min (at least that prescribed) to Max (not exceed
prescribed)
How is the maximum term determined?
In accordance with the rules of the code as if no ISL law had
been enacted, Arts. 46, 48, 50 to 57, 61, 62, 64, 65, 68, 69, 71 (Reyes,
778). The modifying circumstances are considered in imposing the
maximum penalty.
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Punished by RPC
(1)
Derive MAXIMUM term imposable by
applying rules for aggravating (AC) and ordinary mitigating
circumstances (MC) under Art. 64 and for complex crimes under
Art. 48.
Possible
Combos
1) No AC or MC: Penalty PRESCRIBEDMEDIUM period
2)
1 AC, no MC:
PRESCRIBEDMAXIMUM period
Penalty
3)
No AC, 1 MC:
PRESCRIBEDMINIMUM period
Penalty
4)
Several ACs and

OFFSET then apply rules to remainder
5)
No AC, 2 or more MCs:

Penalty NEXT LOWER IN DEGREE TO THAT
PRESCRIBED
6)
MCs:
If COMPLEX CRIME (2 or
more grave or less grave felonies OR one
offense is a necessary means for committing
the other): Penalty for the MOST SERIOUS
CRIMEMAXIMUM PERIOD
(2)
Derive MINIMUM term by getting the penalty

one degree lower than the penalty prescribed by the RPC, without
regard to its three periods. The court has discretion to fix as the
minimum term any period of imprisonment within that penalty
next lower to the penalty prescribed.
EXCEPTION: WHEN THERE IS A PRIVILEGED MITIGATING
CIRCUMSTANCE,
do
NOT
follow
the
aforementioned rule. Consider the privileged
mitigating circumstance FIRST before any AC or
MC to get the PENALTY PRESCRIBED and then
proceed as required by the rule on deriving the
minimum term. Otherwise, the maximum of the
IS Law will end up being lower than the minimum
of the IS Law.
Punished by Special Law

(1)
MAXIMUM TERM:
Court may fix any as long as it
does not exceed the penalty prescribed by the special law

(2)
MINIMUM TERM: Court has discretion so long as it

does not exceed the minimum prescribed by the special law
How is the minimum term determined (RPC offense)?

Rules of the Code do not apply, instead the court in its
discretion may apply a minimum term within the range of the penalty
next lower to that prescribed by the code for the offense without
regard to its three periods.
Consider the mitigating and aggravating circumstances in
imposing the maximum penalty (People v. De Joya, 98 Phil. 238, 240).
What is the purpose of setting a minimum and maximum?
Its for the convict. Minimum to ascertain when the prisoner is
eligible for parole. Maximum is to determine the period prisoner will be
released from prison if he was not granted parole.
What factors are considered by the court in fixing the
minimum term (Reyes, 793)?
Consider the criminal, first, as an individual, and second, as a
member of society (relationship towards dependents, family,
associates and society at large).
Some factors which may be considered:

a) age, especially extreme youth or extreme age;
b) general health and physical conditions;
c) mentality, heredity and personal habits;
d) previous conduct, environment and mode of life;
e) previous education, moral and intellectual;
f) proclivities and aptitudes for usefulness or injury to
society;
g) demeanor during trial and attitude with regard to
crime committed;
h) manner and circumstances in which the crime was
committed;
i) gravity of the offense;
What if the situation is 2 MC, but penalty is Max PM med & Min
PC any, is that correct? Why is that so?
Practice in jurisprudence is to apply the mitigating
circumstance and first lower the maximum by one degree then
determine the minimum by lowering the penalty another degree.
HOWEVER, according to Chui, although this is established practice
none of the decisions have laid down concrete basis in law for this
practice, other than stating it is for the benefit of the accused, which is

not an applicable argument in this case since the ISLaw is not a penal
offense. [However see next question.]
If application of the ISL is unfavorable to the accused should it
still be applied?
NO. If it results in the lengthening of his sentence it should not
be applied. The law is intended to favor the defendant and result in the
shortening of his term. (Reyes 799, People v Nang Kay).
If the maximum penalty for the offense is RP, death, or LP, but
the penalty actually imposed is less than the maximum
penalty, then may the accused convicted of the crime still avail
of the ISLaw?
Yes. It is the penalty actually imposed which is the basis for
determining whether an accused may avail of the ISLaw (People v.
Moises; People v Cempron) as the ISLaw uses the word punished and
not punishable (Reyes, 790).
Who are responsible for imposing the ISLaw?
(1) BOARD OF PARDONS AND PAROLE
(1) Composition: Secretary of Justice (Chairman) and 4
members to be appointed by the President (with the
consent of the Commission on Appointments) under 6
year terms. Board members should include a trained
sociologist, clergyman/educator, psychiatrist. At
least one member should be a woman.
(2) Compensation: 50 pesos for each meeting actually
attended and reimbursement for actual and necessary
traveling expenses incurred.
Maximum of 3 board
meetings per week.
(3) Powers and functions
1)
Authorized to adopt rules and regulations

necessary to carry out its functions
2)
Can call upon any bureau, office, branch,

subdivision,
agency,
or
Government
instrumentality for assistance in the performance
of its functions
3)
Decisions will be arrived at by MAJORITY

VOTE.
A quorum will be constituted by a
MAJORITY. Dissent from the majority opinion will
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be reduced to writing and filed with the records of
the proceedings.
(2) BOARD OF INDETERMINATE SENTENCE
(3) Powers and functions
4) Look into the physical, mental, and moral
record of the prisoners who shall be
eligible for parole to determine proper
time of release of such prisoners
5) When a prisoner has served the
minimum penalty imposed, the Board
may authorize release of the prisoner on
parole:
a) Based on reports of the prisoners
work and conduct, it is shown
that the prisoner is fitted by his
training for release
b) There is a reasonable probability
that such prisoner will live and
remain at liberty without violating
the law
c) Release will not be incompatible
with the welfare of society
(4) Procedure for release of prisoner
6) Board must file with the court which
passed judgment on the case and with
the PNP Chief a certified copy of each
order of conditional or final release
and discharge.
7) Prisoner released may be designated
specific conditions as to his parole, and
required to report personally to such
government officials or other parole
officers appointed by the Board for a
period of SURVEILLANCE equivalent to
the remaining portion of the maximum
sentence imposed upon him OR until
final release and discharge by the Board.
8) Designated parole officers shall keep
records and reports required by the
Board.
9) Board may fix the limits on the residence
of the paroled prisoner or change it from
time to time. If during the period of
surveillance the prisoner shows himself

to be a law-abiding citizen and shall NOT
violate any laws, the Board may issue a
final certificate of release and
discharge.
10) If prisoner violates any of the conditions
of his parole, the Board may issue an
order for re-arrest of the prisoner.
The prisoner re-arrested shall serve the
remaining unexpired portion of the
maximum sentence for which he was
originally committed to prison, unless
the Board grants him new parole.
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NO. Probation only affects the criminal aspects of the case and
has no bearing on the civil liability (Budlong v. Apalisok, 122 SCRA
935).
What happens if the defendant has already perfected an
appeal before filing an application for probation?
What is parole?
As amended by PD 1990, Sec. 4 expressly prohibits the grant of

an application for probation if the defendant has perfected an appeal
from the judgment of conviction and does not state that the filing of
an application means the automatic withdrawal of a pending appeal
(Llamado v. CA, 174 SCRA 566; Reyes 805-806). Once you file for
appeal you can no longer apply for probation.
Parole refers to the conditional release of a prisoner from a

correctional institution after he has served the minimum of his prison
sentence. (DOJ Rules on Parole, Rule 1.2(d), 7 March 2006).
What if application is for the purpose of lowering the penalty

imposed, say the penalty was 6 years and 1 day or the judge
made an error? Still applicable?
Can the condition be that you still have to report to the parole
officer beyond the maximum period?
NO, because that will be an additional burden placed on the
prisoner that cannot be imposed by the parole officer.
Chui: If the purpose of the appeal is not to contest the guilt of

the accused, but to lower the penalty to entitle him to probation, need
to be thought about. [?]
Is an order denying an application for probation appealable?
NO.
PRESIDENTIAL DECREE No. 968 July 24, 1976

What is probation?
It is the disposition under which a defendant, after conviction
and sentence, is released subject to conditions imposed by the court
and to the supervision of a probation officer (Reyes, 805).
When do you apply for probation and what is its effect?
Apply within the period for perfecting an appeal. Upon
application, the court may in its discretion, suspend the execution of
the sentence and place the defendant on probation for such period and
upon such terms and conditions it may deem best. The period is
intended to encourage offenders who are willing to be reformed and
rehabilitated to avail of probation at the first opportunity. Filing of the
application does not suspend the period for the perfection of an appeal
and operates as a waiver of the right to appeal (Palo v. Militante, 184
SCRA 395; Reyes 805). The suspension covers the accessory penalties
(Baclayon v. Mitra; Reyes 810).
Does probation affect the civil aspects of the case?
Where do you file?

Trial court.
Is the exception under PD 603 (as it has been amended by the
Juvenile Justice an Welfare Act of 2006 RA 9344)?
Yes. Under the JJWA the youth will be subject to diversion
proceedings.
What is the nature of the order granting probation?
It is a suspension of the imposition of a sentence. An
interlocutory judgment or conditional order placing the convicted
defendant under the supervision of the court for his reformation to be
followed by a final judgment of discharge, if the conditions of the
probation are complied with or by a final judgment if the conditions are
violated (Baclayon v Mutia, 129 SCRA 148).
The provisions of the Probation Law should be liberally
construed in order that the objective should be realized and achieved.
(Santos v. Hon. Pano, 55130, Jan. 17, 1983) In probation, the
imposition of the sentence is suspended and likewise its accessory

penalties are likewise suspended. An order placing the defendant on
probation is not a sentence but is rather in effect a suspension of the
imposition of the sentence. It is not a final judgment but is rather an
interlocutory judgment in the nature of the a conditional order placing
the convicted defendant under the supervision of the court for his
reformation. (Baclayon v. Hon. Mutia, 129 SCRA 148)
Is the grant of probation a ministerial act?
NO. Probation will not be granted as a manner of course, even if
the applicant falls under one of the qualified classes. It is neither
automatic nor a ministerial duty of the court. Probation is a privilege
and the grant of it rest upon the discretion of the court, as it is
exercised for the benefit of society (primarily) and the accused
(secondarily).
What are the criteria for placing an offender on probation?
(1)
(2)
all information relative to the character, antecedents,

environment, mental and physical condition of the offender;
and
available institutional and community resources.
What is the purpose of the law?

1.
2.
3.
Promote the correction and rehabilitation by providing

the offender with individualized treatment.
Provide an opportunity for the reformation of an
offender which might be less probable if he were to
serve a prison sentence.
Prevent the commission of offenses.
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denied probation. (Balleta v. Leviste, 92 SCRA 719) (Q13, 1991 Bar)
Are the objectives of ISL the same as those of the probation
law?
YES.
Who are disqualified?
1. Sentenced to serve a maximum term of imprisonment of
more than 6 years.
A penalty of six years and one day is not entitled to the
benefits of the law. (Q3, 1995 Bar; Q12, 1990 Bar) In Francisco
v. CA, 243 SCRA 384, the Supreme Court held that in case of
one decision imposing multiple prison terms, the totality of the
prison terms should not be taken into account for the purposes
of determining the eligibility of the accused for the probation.
The law uses the word maximum term, and not total term. It
is enough that each of the prison term does not exceed 6
years. The number of offenses is immaterial for as long as the
penalties imposed, when taken individually and separately, are
within the probationable period. (Q9, 1997 Bar)
2. Convicted of any crime against the national security
(treason, espionage, piracy, etc.) or the public order (rebellion,
sedition, direct assault, resistance, etc.).
3. Who have been previously convicted by final judgment of an
offense punished by imprisonment of not less than one month
and one day and/or a fine of not less than P 200. (Q2, 1993
Bar)
4. Who have been once on probation.
The trial court may, after it shall have convicted and sentenced
a defendant, and upon application by said defendant within the period
for perfecting an appeal, suspend the execution of the sentence
and place the defendant
on probation. No application for
probation shall be entertained or granted if the defendant has
perfected an appeal from the judgment of conviction. (PD 1990) In
other words, the filing of the application for probation is considered as
a waiver of the right of the accused to appeal. (Q9, 1992 Bar)
An application for probation shall be filed with the trial court.
The filing of the application shall be deemed a waiver of the right to
appeal. An order granting or denying probation shall not be
appealable. However, an outright denial by the court is a nullity
correctible by certiorari. (De Luna v. Hon. Medina, CA 78 OG 599) An
accused must fall within any one of the disqualification in order to be
5. Who are already serving sentence at the time of the

effectivity of the Decree.
Except for the reasons specified by the law, a trial court
should not deny a petition for probation, especially when the probation
officer has favorably recommended the grant of probation.
Even if at the time of conviction the accused was qualified for
probation but at the time of his application for probation, he is no
longer qualified, he is not entitled to probation. The qualification for
probation must be determined as of the time the application is filed in
court. (Bernardo v. Judge Balagot, 86561, Nov. 10, 1992) Supposing, an
accused was convicted of a crime for which he was sentenced to a
maximum sentence of 10 years. While affirming the judgment of

conviction, the appellate court reduced the penalty to a maximum of 4
years and 4 months taking into consideration certain modifying
circumstances. The accused now applies for probation. In this case,
the accused is not entitled to probation. The law and jurisprudence are
to the effect that appeal by the accused from a sentence of conviction
forfeits his right to probation. (Bernardo v. Balagot, supra; Francisco v.
CA; De la Cruz v. Judge Callejo) (Q3, 1995 Bar; Q17, 1994 Bar)
Addtl:
6. Malicious offenses
7. Money laundering
8. Election offenses
Even if none of the disqualifications are present, when shall
probation be denied (Reyes 807)?
a) offender is in need of correctional treatment that can be most
effectively provided by an institution;
b) there is undue risk that during the period of probation, the
offender will commit another crime;
c) probation will depreciate the seriousness of the offense;
The probationer shall [conditions of probation]:
Mandatory
1. Present himself to the probation officer within
72 hours from receipt of probation order.
2. Report himself to the probation officer at least
once a month during the period of probation.
Special
or
3. Any of the enumerated acts under Sec. 10
discretionary
sub-paragraphs a to k of the Decree; or
4. Such other conditions the court deems proper,
realistic, purposive and geared towards the
convicts rehabilitation as long as it does not
trespass his constitutional rights
Is the courts discretion unlimited in imposing special
conditions?
No. Conditions should be interpreted with flexibility in their
application and each case should be judged on its own merits on the
basis of the problems, needs, and capacity of the probationer. The very
liberality of the probation should not be made a tool by the trial courts
to stipulate instead unrealistic terms (Baclayon v. Mutia, 129 SCRA 148;
Salgado v. CA, 189 SCRA 304).
What is the duty of the court should the probationer violate
the terms of the probation?
The court, after considering the nature and seriousness of the
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violations of probation (if any), may issue a warrant for the arrest of
the probationer. He is then brought to the court immediately for
hearing, which is summary. If violation is established, the Court may
revoke or continue the probation and modify the conditions thereof. If
revoked, the probationer shall be ordered to serve the sentence
originally imposed and shall commit the probationer. The order of the
court is not appealable.
When is probation terminated and what is the effect of
termination?
After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may
order the final discharge of the probationer upon finding that he has
fulfilled the terms and conditions of his probation and thereupon the
case is deemed terminated.
It is the order of final discharge from the court and NOT the
expiration of the probation period that terminates probation (Bala v.
Martinez, 181 SCRA 459; Reyes 812).
A final discharge of probation shall operate to restore to the
probationer all civil rights lost or suspended as a result of the
conviction and to full discharge of his liability for any fine imposed.
Under the Probation Law what is suspended is the execution of the
sentence, while under PD 603, as amended, what is suspended is the
pronouncement of the sentence upon request of the youthful offender.
The suspension of the sentence, however, has no bearing on the civil
liability, which is separate and distinct from the criminal action.
(Budlong v. Apalisok, 22 SCRA 935)
For how long may a
Sentence to term
not more than 1
year
In all other cases, if
sentenced to more
than 1 year
Sentence
imposed
only a fine and the
offender
serves
subsidiary
imprisonment
convict be placed on probation?

Period shall not exceed 2 years
Period shall not exceed 6 years
Period of probation shall be twice the total
number of days of subsidiary imprisonment
How do you determine if penalty more than one year but not
exceeding 6 years?
Period not exceeding 6 years. If up to1 year, on that period will
be doubled.

Sec. 106 of the Administrative Code of Mindanao and Sulu
In pronouncing sentence upon a Moro or other non-Christian
inhabitants of the Department convicted of crime or misdemeanor, the
judge or justice may ignore any minimum penalty provided by law for
the offense, and may impose such penalty not in excess of the highest
penalty provided by law, as, in his opinion, after taking into
consideration all the circumstances of the case, including the state of
enlightenment of the accused and the degree of moral turpitude which
attaches to the offense among his own people, will best subserve the
interest of justice. The judge or justice may also, in his discretion at
any time before the expiration of the period allowed for appeal,
suspend the execution of any penalty or part thereof so imposed,
subject to such condition as he may prescribe.
What is the rule on the application of Sec. 106 of the
Administrative Code of Mindanao and Sulu (Penalty on Moros
and Non-Christians)?
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Court found that the accused used the name Ong Hick Lian
and the alias Julian Ong. There is no evidence that appllee has been
baptized with the latter name or that he has been known by it since
childhood, or that the court has authorized the use thereof. Appellee
has, therefore, committed a violation of the Anti-Alias Law (Hock Lian v
Republic, 17 SCRA 188; Reyes 262).
What are the exceptions to this rule?
pseudonym solely for literary, cinema, television, radio or other
entertainment purposes
pseudonym in athletic events [wrestling, basketball, boxing,
etc]
filed with COMELEC for the nickname used, in the ballot
petition court for change of name
one-time incident
Its application is discretionary on the part of the court (People v.

Pawin, 85 Phil. 528; Reyes 813)
If I go to the department of defense, give name different from

one given or registered in form, is that a violation of the AntiAlias law?
No. It is a single instance, which is contrary to the requirement
under the Anti-Alias law that the perpetrator
AN ACT AMENDING COMMONWEALTH ACT NUMBERED ONE

HUNDRED FORTY-TWO REGULATING THE USE OF ALIASES.
Can you register five names with the court?

NO. The rule is you can only register one other name.
Classified under crimes against public interest, grouped with

RPC, Art. 178 - Using fictitious names and concealing true names, in
the Reyes book.
ANTI-ARSON LAW (P.D.1613) SIMPLE ARSON
How is this law violated?

Answered by Ursua definition of an alias a name or names
used by a person or intended to be used by him publicly and habitually
usually in business transactions in addition to his real name by which
he is registered at birth or baptized the first time or substitute name
authorized by a competent authority. There must be, a sign or
indication that the user intends to be known by this name (the alias) in
addition to his real name form that day forth[for the use of alias to]
fall within the prohibition contained in C.A. No. 142 as amended
(People v. Estrada, G.R. Nos. 16468-69, April 2, 2009; De Castro 329).
The confusion and fraud in business transactions which the
anti-alias law and its related statutes seek to prevent are not present
here as the circumstances are peculiar and distinct from those
contemplated by the legislature in enacting C.A. No. 142 as amended.
(People v. Ursua)
Distinguish simple arson under this law with destructive arson

under Art. 320 of the RPC.
The acts committed under this law are crimes with a lesser
degree of perversity and viciousness than those committed under Art.
320 of the RPC, as the crimes have less significant social, economic,
political, and national security implications than destructive arson
(People v. Soriano, July 29, 2003; Reyes Book II 872).
Burning of houses, dwellings or inhabited houses, as described
in the information is considered simple arson while burning of building
or edifices is considered Art. 320.
If the property burned is an inhabited house or dwelling it is not
necessary that the house be occupied by one or more persons and the
offender knew it when the house was burned.
What happens when the homicide coincides with arson?
The crime of homicide is absorbed by the crime of arson and
the penalty of reclusion perpetua to death is imposed, as there is no
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complex crime of arson with homicide (Reyes II 884).
2. If committed for the benefit of another;
What are prima facie evidence of arson (Sec. 6)?

1. If the fire started simultaneously in more than one part of the
building or establishment.
3. If the offender is motivated by spite or hatred towards the

owner or occupant of the property burned;
2. If substantial amount of flammable substances or materials

are stored within the building note necessary in the business of
the offender nor for household us.
3. If gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith or
containers thereof, or any mechanical, electrical, chemical, or
electronic contrivance designed to start a fire, or ashes or
traces of any of the foregoing are found in the ruins or premises
of the burned building or property.
4. If the building or property is insured for substantially
more than its actual value at the time of the issuance of the
policy.
4. If during the lifetime of the corresponding fire insurance
policy more than two fires have occurred in the same or other
premises owned or under the control of the offender and/or
insured.
5. If shortly before the fire, a substantial portion of the effects
insured and stored in a building or property had been
withdrawn from the premises except in the ordinary course of
business.
6. If a demand for money or other valuable consideration was
made before the fire in exchange for the desistance of the
offender or for the safety of the person or property of the
victim.
May arson, as committed under PD 1613, be considered an act
of terrorism?
Yes, under RA 9372 (Human Security Act) if the act sows or
creates a condition of widespread and extraordinary fear or panic
among the populace, in order to coerce the government to give into an
unlawful demand.
What are the Special Aggravating Circumstances in Arson?
1. If committed with intent to gain;
4. If committed by a syndicate. The offense is committed by a

syndicate if its is planned or carried out by a group of three (3)
or more persons.
What is the penalty of arson in cases where there are special
aggravating circumstances?
The penalty shall be imposed in its maximum period.
[Check Boado book for commentary.]
Simple
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.
Destructive
1. Any ammunition factory
and
other
establishment
where
explosives,
inflammable or combustible
materials are stored.
2. Any archive, museum,
whether public or private, or
any
edifice
devoted
to
culture, education or social
services.
3. Any church or place of
worship or other building
where
people
usually
assemble.
4. Any train, airplane or any
aircraft, vessel or watercraft,
or
conveyance
for
transportation of persons or
property
4.
Any
building
where
evidence is kept for use in
any
legislative,
judicial,
administrative or other official
proceedings.
5.
Any
hospital,
hotel,
dormitory,
lodging house,
housing tenement, shopping
center, public or private
market, theater or movie
house or any similar place or
Other kinds
1. Any buildi
the governm
agencies;
2. Any in
dwelling;
3. Any indu
shipyard, oil
platform or tu
4.
Any
pastureland,
field, orchard
forest;
4. Any rice m
mill or mill ce
5. Any railw
airport, whar
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building.
6. Any building, whether used
as a dwelling or not, situated
in a populated or congested
area.
Is there frustrated arson?

Two views.
AN ACT PREVENTING AND PENALIZING CARNAPPING
What is carnapping?
It is the taking, with intent to gain, of a motor vehicle belonging
to another without the latters consent, or by means of violence
against or intimidation of persons, or by using force upon things
(Section 2, RA 6539).
When
1)
2)
3)
4)
is a motor vehicle considered carnapped?

When a motor vehicle has been taken;
With intent to gain;
Without the owners consent;
Whether the taking was done with or without the use of force
upon things or by means of violation against or intimidation of
persons.
cash or personal property (People v. Dela Cruz). If both crimes happen

on the same occasion the accused must be charged separately of the
crimes of carnapping and robbery with homicide.
Do the circumstances still need to be alleged in the
information even if proven in court in order to qualify the
crime?
YES. Duran v. People, G.R. No. 185860, information failed to
alleged the carnapping was committed by means of violence against or
intimidation of any person or force upon things, SC held simple
carnapping.
What if rape or homicide is committed? Is it a special complex
crime?
Not a special complex crime, the fact that rape or homicide if
committed will be qualified carnapping.
What if arson was committed while the car was being taken? Is
there a special complex crime of carnapping with arson or do
you file two separate charges?
It was just a means of avoiding detection while taking the car,
still carnapping.
ANTI-FENCING LAW OF 1979
When does the crime become qualified?

It becomes qualified when in the course of the commission of
the crime or on occasion of the carnapping the owner, driver or
occupant of the carnapped vehicle is killed or raped. In that instance
the penalty imposable is reclusion perpetua to death.
What is fencing?
It is the act of any person who, with intent to gain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell or in any other manner deal in any
article, item, object or anything of value which he knows or should be
known to him, to have been derived from the proceeds of the crime of
robbery or theft.
What law covers the unlawful taking of motor vehicles?

It is covered by RA 6539, a special law, and not the RPC
provisions on robbery and theft.
What are the elements of fencing?
Does the sale of a motor vehicle by one entrusted with fall

under this law?
NO. Such would be either qualified theft (if, for example,
accused driver of public utility under boundary system as he was
entrusted with the vehicle; not a lessee of vehicle) or estafa (if lessee).
Is carnapping the same as theft or robbery?
No.
Does carnapping absorb the crime of robbery?
NO. They have different elements and acts. Carnapping refers
to the taking of motor vehicles and does not extend to the taking of
1) The crime of robbery or theft has been committed;

2) The accused, who is not the principal or accomplice in the
crime of robbery or theft, buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall buy and sell or in any other
manner deal in any article, item, object or anything of value,
which has been derived from the proceeds of the said crime;
3) The accused knows or should have known that the said article,
item, object or anything of value has been derived from the
proceeds of the crime of robbery or theft;
4) There is, on the part of the accused, intent to gain for himself
or another
Dizon-Pamintuan v. People, 234 SCRA 63 [1994]
LCP 2014
The crimes of robbery and theft, on one hand, and fencing, on the
other, are separate and distinct offenses. The intent in enacting PD
1612 was to impose heavy penalties on persons who profit from the
effects of theft and robbery. One who acts as a fence or commits the
act of fencing may be prosecuted against either as an accessory to the
crime of robbery or theft, OR as a principal under the Anti-Fencing Law.
The latter is preferred as the law is malum prohibitum and the law
creates a presumption of fencing, in addition to prescribing a higher
penalty based on the value of the property.
Should there be a charge and conviction for robbery or theft
before there can be a case for anti-fencing?
NO. It is not a prerequisite that a theft or robbery case be filed and a
conviction had thereon before an anti-fencing case can be filed.
If what was charged was theft or carnapping and the proceeds
of that is bought by another person, is anti-fencing still
applicable?
NO. [?] Domingo brothers case.
What are the requirements for second-hand goods?
1) acquire a permit or license;
2) ask for receipt or proof of ownership of goods when buying
them;
Is good faith a defense?
Yes, if you can show a proof of your good faith, that you did not know
or could not have known.
REPUBLIC ACT NO. 8294:
ILLEGAL POSSESSION OF FIREARMS
In what cases is illegal possession of firearms considered an

aggravating circumstance?
Parricide, homicide, murder.
Boado commentary
aggravating
Limited instances:
Murder, homicide,
absorbed
Rebellion,
Insurrection, Sedition
or Attempted Coup
detat
absolved
All other crimes
How do you file information? What if youre in possession of

bullets? Is it considered part of the firearm.
Nothing stopping prosecutor from filing separate information(s)
for possession of the gun and the separate bullets carried.
RA NO. 6235: ANTI-HIGHJACKING LAW

What is the definition of in flight in RA 6235?
An aircraft is in flight from the moment all its external doors
are closed following embarkation until any of such doors is opened for
disembarkation.
What acts punished under RA 6235?
1. Compelling a
a.Phil aircraft, to change its course or destination, while in flight
b. of a foreign aircraft, to land in the Phil while within foreign
territory
2. Seizing or usurping control of an aircraft
a. of Phil registry, while in flight, or
b. of foreign registry, while within Philippine territory
Airplane is of Philippine Registry. Act is committed in Hong
Kong, not in flight. Is the act punishable under the RPC?
YES. Offender can be prosecuted because an aircraft of
Philippine registry is an extension of Philippine jurisdiction under Article
2 of the RPC.
Aircraft is not Philippine registered. Pinoy poked a gun at the
pilot of Cathay Pacific, commanding him to land in Manila. Is it
a violation of RA 6235?
YES. The in flight definition is not applicable. Even if outside
territory, as long as an aircraft of foreign territory is compelled to land
in the Phil, RA 6235 applies. (See acts punished under RA.)
Aircraft is within Philippine territory. Prior to landing, it was
forced to go to Brunei. Is offender liable?
Yes. In flight definition also does not apply if a foreign aircraft
forced to change its course or destination is within Philippine territory.
Do you commit a crime if the door is still open while you
commit the act?
YES. Possibly grave threats.
If you are on an aircraft not registered in the Philippines, and
you command pilot to land in the Philippines, but you do not
actually land in the Philippines, are you still liable?
YES. Even if it does not land in the Philippines it will still effect,
under Art. 2 RPC, and it may still be punished.
What are the aggravating acts of 6235?
1) fired upon the pilot, cabin crew or passengers
2) exploded or attempted to explode any bomb or explosive with
intent to destroy the aircraft?
LCP 2014
3) Commit murder, homicide, serious physical injuries or rape

Sophie carried lighter onboard, still liable?
YES.
Anything that is flammable cannot be boarded on the plane?
FALSE.
P.D. 532: ANTI-PIRACY
PIRACY
p. 32 Reyes
o
AND
ANTI-HIGHWAY ROBBERY
ACT
Elements:
o 1. Vessel in high seas or RP waters
o 2. The offenders must not be members of the complement
or passengers
o 3. Commits either of the two modes above
o 4. Intent to gain
Crimes committed by crew members or passengers:
o Mutiny if they unlawfully resist superior officer or raise
disturbances on board
o Robbery or theft
Qualifying circumstances:
o 1. Seized a vessel by boarding or firing upon it
o 2. Pirates abandoned victims without means to save
themselves
o 3.
Attended
by
murder,
homicide,
PI
(includes
attempted/frustrated homicide), or rape
Is it possible that a crime be committed beyond the

territorial sea, but prosecuted here?
Yes, if it is a continuing crime. If it began in the high
seas and continued here. (US v Bull, kalabaws
werent secured properly. Began in Taiwan, I think,
Notes:
and ended here)
Does the Philippines have ability to legislate on crimes
o RA 7659 added Philippine waters, not just high seas
applying to the high seas?
o PD 532 applies if the offenders were purposely organized not just
Yes. PD 532 on piracy.
for one act of robbery, but several indiscriminate
In People v Tulin, the pirates boarded a ship within the
commissions thereof.
Philippines and brought the ship to Singapore waters.
Do not apply Art 48 common crimes committed in
Justice Callejo, who was still a young and dashing RTC
pursuance of piracy absorbed
judge, said the attack was committed here in our waters,
RA 9372 piracy can be predicate crime for terrorism
hence the court had jurisdiction. The SC affirmed him and
added that either way, piracy is an exception to the
Art. 122 Piracy in General and Mutiny in the High Seas or in Philippine waters.
territoriality in criminal law.
Same was applied in People v Lol-lo where the piracy wasVessel is on the high seas or in Philippine waters
committed outside the Philippines.

Offenders are not members of its complement or passengers of the vessel
The purpose of penal laws involving national security is to protect
the domestic order and economic security of the Philippines.Offenders either
Hence, it should extend beyond the territory of the Philippines, to
a. attack or seize the vessel
the perpetrators wherever they may be found. (Dillars v US)
Law amends the RPC articles on piracy.
b. seize the whole or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers
Modes to commit:
o
o
(a) By attacking or seizing a vessel on the high seas or in

Piracy robbery or forcible depredation on the high seas, without lawful authority and
Philippine waters [P.D. 532]
done with animo furandi and in the spirit and intention of universal hostility.
(b) By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, itsMutiny unlawful resistance to a superior officer, or the raising of commotions and
equipment or personal belongings of its complement ordisturbances on board a ship against the authority of the commander.
passengers
RPSame
S
Penalty shall
be inflicted
in case of
mutiny on
the
high
seas or in
Philippine
waters
LCP 2014
Modes to commit:
In both, there is intent to gain and manner of committing the crime is
(a) By attacking or seizing a vessel on the high seas or in Philippine
the same.
waters [P.D. 532]
(b) By seizing in the vessel while on the high seas or in Philippine
waters the whole or part of its cargo, its equipment or personal
belongings of its complement or passengers
High Seas any waters on the sea coast which are without the
boundaries of low-water mark, although such waters may be in theArt. 123 Qualified Piracy
Qualifying Circumstances:
jurisdictional limits of a foreign government
Seized vessel by boarding or firing upon the same; or
Philippine waters up to 12 nautical miles from the shore.
Piracy in the High Seas jurisdiction lies with any court where thePirates have abandoned their victims without means of saving
themselves; or
offenders are found and arrested.
Crime is accompanied by murder, homicide, physical injuries or rape
Special
complex
crime
punishable
by RP to Death
regardless
of
number of victims
Piracy
Mutiny
Persons who attack a vessel/seize
Offenders are members of the
its cargo are strangers to said
crew, or passengers
vessel.
Intent to gain is essential
Any person who aids or protects pirates or abets

the commission of piracy shall be considered as
an accomplice
R.A. 6235 An Act Punishing Certain Acts Inimical
to Civil Aviation
HIGHWAY ROBBERY
Offenders
to
Presidential Decree No. 532, also known as the Anti-Piracy
ignore ships officer or prompted
may
only
intend
and Anti-Highway Robbery Law of 1974, was issued on 8 August
by desire to commit plunder
1974. The issuance of the law stems from reports made by lawenforcement agencies, revealing that lawless elements are still
Attack from outside
Attack from within
committing acts of depredations upon the persons and properties of

innocent and defenseless inhabitants who travel from one place to
another, thereby distributing the peace, order and tranquility of the
nation and stunting the economic and social progress of the people.
[1]
Piracy
Robbery in the high seas
Such
acts
of
depredations
constitute
either piracy or highway
robbery/brigandage which are among the highest forms of lawlessness

condemned by the penal statutes of all countries. [2] It was thus
Offender is an outsider
Offender IS a member of crew or
imperative
passenger
perpetrating such acts of depredations by imposing heavy penalty on
that
said
lawless
elements
be
discouraged
from

the offenders, with the end in view of eliminating all obstacles to the
economic, social, educational and community progress of the people.[3]
Presidential Decree No. 532 is not a modification of Article 267 of
LCP 2014
(b)
(c)
the Revised Penal Code on kidnapping and serious illegal detention, but
of Articles 306 and 307 on brigandage. This is evident from the fact
that the relevant portion thereof which treats of "highway robbery"
invariably uses this term in the alternative and synonymously with
"brigandage", that is, as "highway robbery/brigandage."[4]
What is brigandage?
It is a crime committed by more than three armed persons who
form a band of robbers for the purpose of committing robbery in the
highway or kidnapping persons for the purpose of extortion or to obtain
ransom, or for any other purpose to be attained by means of force and
violence.
What is highway robbery/brigandage under PD No. 532?
The seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of another by
means of violence against or intimidation of person or force upon
things of other unlawful means, committed by any person on any
Philippine Highway.
shall be considered as an accomplice of the principal offenders and be

punished in accordance with the Rules prescribed by the Revised Penal
Code.
What is the presumption of the law as to the knowledge of
those who aid or abets brigands?
Both under this Act and under Art. 307 of the RPC, it shall be
presumed that any person who does any of the acts provided in this
Section has performed knowingly, unless the contrary is proven.
What does this special law amend?
It amends Articles 306 & 307 of the RPC, quoted below:
Art. 306
The penalty of reclusion temporal in its minimum period shall

be imposed. If physical injuries or other crimes are committed during
or on the occasion of the commission of robbery or brigandage, the
penalty of reclusion temporal in its medium and maximum periods
shall be imposed. If kidnapping for ransom or extortion, or murder or
homicide, or rape is committed as a result or on the occasion thereof,
the penalty of death shall be imposed.
What is considered as a 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.
Who is considered an accomplice to the crime?
Any person who knowingly and in any manner aids or protects
pirates or highway robbers/brigands, such as :
(a)
giving them information about the movement of
police or other peace officers of the government,

or acquires or receives property taken by such
pirates or brigands or in any manner derives any
benefit therefrom;
or any person who directly or indirectly abets the
commission of piracy or highway robbery or
brigandage,
Art. 306. Who are brigands; Penalty. When more than

three armed persons form a band of robbers for the
purpose of committing robbery in the highway, or
kidnapping persons for the purpose of extortion or to obtain
ransom or for any other purpose to be attained by means of
force and violence, they shall be deemed highway robbers
or brigands.
Persons found guilty of this offense shall be punished by
prision mayor in its medium period to reclusion temporal in
its minimum period if the act or acts committed by them
are not punishable by higher penalties, in which case, they
shall suffer such high penalties.
Art. 307
If any of the arms carried by any of said persons be an

unlicensed firearms, it shall be presumed that said persons
are highway robbers or brigands, and in case of convictions
the penalty shall be imposed in the maximum period.
Art. 307. Aiding and abetting a band of brigands. Any
person knowingly and in any manner aiding, abetting or
protecting a band of brigands as described in the next
preceding article, or giving them information of the
movements of the police or other peace officers of the
Government (or of the forces of the United States Army),
when the latter are acting in aid of the Government, or
acquiring or receiving the property taken by such brigands

shall be punished by prision correccional in its medium
period to prision mayor in its minimum period.
It shall be presumed that the person performing any of the
acts provided in this article has performed them knowingly,
unless the contrary is proven.
When
1.
2.
3.
is there brigandage?
There be at least four armed persons.
They formed a band of robbers.
The purpose is any of the following:
a. To commit robbery in the highway;
b. To kidnap persons for the purpose of extortion or to obtain
ransom; or
c. To attain by means of force and violence any other purpose.
At least how many persons must be involved for the crime to

be considered brigandage?
In order to be considered brigandage at least more than three
(4) armed persons must form a band for the purposes stated.
Must it be proven that each and every member of the band
committed the offense?
It is not necessary to prove that a member or members of the
band actually committed highway robbery in order to convict them, the
existence of any of the purposes mentioned in Art. 306 is sufficient.
What must be proven (Reyes 724)?
a. That there is an organization of more than three armed persons
forming a band;
b. That the purpose of the band is any of those enumerated in Art.
306;
c. That they went upon the highway or roamed upon the country
for that purpose;
d. That the accused is a member of such band.
For what purposes must the band be formed?
The purpose is any of the following:
a. To commit robbery in the highway;
b. To kidnap persons for the purpose of extortion or to
obtain ransom; or
c. To attain by means of force and violence any other
purpose
Would evidence that the accused was a member of an armed
band be sufficient to convict him of brigandage?
LCP 2014
NO. If no evidence is shown that they were organized for any of
the purposes under Art. 306 (U.S. v. Caneta, 4 Phil. 450). UNLESS the
accused were members of a lawless band in possession of unlicensed
firearms, it is presumed that they are highway robbers or brigands
(People v. Dela Rosa, C.A., 49 O.G. 2863).
What is the presumption if an accused carries unlicensed
firearms?
If any of the arms carried by any of said persons be an
unlicensed firearms the accused are presumed to be robbers or
brigands (Art. 306, last paragraph).
May brigandage be committed without the use of firearms?
YES. Brigandage may be committed without the use of
firearms, as the term armed covers both arms and weapons in
general, not necessarily firearms (People v. Dela Rosa, C.A., 49 O.G.
2863).
May previous activities of the accused be considered in
determining the existence of brigandage?
YES. They may be considered if they prove the purpose of the
band (Reyes 724, commenting on People v. Laporeda, et al., 44 O.G.
1816).
What does the term highway include?
Streets within, as well as roads outside the city are covered by
the term highway (U.S. v. Tan Seco, et al., 4 Phil. 382). P.D. 532
amended Art. 306 by giving an expanded scope of what constitutes
Philippine highways. As amended, Philippine highways now include
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.
What penalty shall be imposed if the brigands commits acts
punishable by higher penalties?
They shall be prosecuted for the crime with the higher penalty,
example if they commit robbery with homicide or kidnapping they shall
be prosecuted for robbery with homicide or kidnapping (Reyse 725).
What is the main object of the law?
It is the prevention of the formation of such band mentioned in
this article. The heart of the offense consists in the formation of the
band by four or more persons conspiring together for the purposes
listed under Art. 306, RPC, and such formation is sufficient to constitute
a violation of the law (U.S. v. Decusin, et al, 2 Phil. 536).

When
1.
2.
3.
is there aiding and abetting brigandage?

There is a band of brigands.
That the offender knows the band to be brigands.
That the offender does any of the following acts:
a. He in any manner aids, abets or protects such band of
brigands;
b. He gives them information of the movements of the
police or other peace officers of the Government;
c. He acquires or receives the property taken by such
brigands.
Brigandage
Robbery in a band
Offenders form a band of robbers
PURPOSE:
PURPOSE:
a. To commit robbery in
a. to commit robbery, not
the highway;
necessarily
in
the
b. To kidnap persons for
highway;
the
purpose
of
b. to commit a particular
extortion or to obtain
robbery;
ransom; or
c. To attain by means of
force and violence any
other purpose
Mere formation of a band for any It is necessary to prove that the
of the purposes mentioned is band actually committed robbery,
sufficient to commit the crime. It as mere conspiracy to commit
is not necessary to show they robbery is not punishable.
actually committed the acts
proposed.
[CONSPIRACY TO COMMIT, NOT
PUNISHABLE]
[CONSPIRACY
TO
COMMIT,
PUNISHABLE]
REPUBLIC ACT NO. 9165: THE COMPREHENSIVE DANGEROUS DRUGS ACT
OF 2002
To what extent are the provisions of the RPC applicable to RA
No. 9165?
They are applicable to a limited extent. According to Section 98
of this Act, notwithstanding any law, rule or regulation to the contrary,
the provisions of the RPC, as amended, shall not apply to the
provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life
imprisonment to death provided herein shall be reclusion perpetua to
death.
LCP 2014
What acts are punished by the Comprehensive Dangerous
Drugs Act of 2002?
(1) importation, trade, sale, dispensation, delivery
(2) possession
(3) use
(4) manufacture
PUNISHABLE ACTS AND PENALTIES
(1) Importation of dangerous
drugs
and/or
controlled
precursors
and
essential
chemicals;
(2) Sale, trading, administration,
dispensation,
delivery,
distribution
and
transportation of dangerous
drugs
and/or
controlled
precursors
and
essential
chemicals;
(3) Maintenance of dangerous
drug den, dive or resort;
(4) Being employees or visitors
of a dangerous drug den,
dive or resort;
(5) Manufacture of dangerous
drugs
and/or
controlled
precursors
and
essential
chemicals;
(6) Illegal chemical diversion of
controlled precursors and
essential chemicals
(7) manufacture or delivery of
equipment,
instrument,
apparatus
and
other
paraphernalia for dangerous
drugs
and/or
controlled
precursors
and
essential
chemicals;
(8) possession of dangerous
drugs;
(9) possession of equipment,
instrument,
and
other
drugs;
(10) possession of dangerous
drugs during parties, social

gatherings or meetings;
(11) possession of equipment,
instrument, apparatus and other
drugs during parties, social
gatherings or meetings;
(12) use of dangerous drugs;
(13) cultivation or culture of
plants classified as dangerous
drugs or are sources thereof;
(14) failure to maintain and keep
original records of transactions
on dangerous drugs and/or
controlled
precursors
and
essential chemicals;
(15) unnecessary prescription of
dangerous drugs;
(16) unlawful prescription of
dangerous drugs;
Any person convicted for drug trafficking or pushing under this Act,
regardless of the penalty imposed by the Court, cannot avail of the
privilege granted by the Probation Law (P.D. No. 968) as amended [Sec.
24].
Notwithstanding any provision of law to the contrary, a positive finding
for the use of dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an offender, and the
application of the penalty provided for in the RPC shall be applicable
[Sec. 25].
What acts will result in the confiscation and forfeiture of the
proceeds or instruments of the unlawful act, including the
properties or proceeds derived from the illegal trafficking of
dangerous drugs and/or precursors and essential chemicals?
(1) unlawful
importation,
sale,
trading,
administration,
dispensation,
delivery,
distribution,
transportation
or
manufacture of any dangerous drugs and/or controlled
precursor and essential chemical;
(2) cultivation or culture of plants which are sources of dangerous
drugs, and the possession of any equipment, instrument,
apparatus and other paraphernalia for dangerous drugs
including other laboratory equipment shall carry with it the
confiscation and forfeiture, in favor of the government, of all
the proceeds and properties derived from the unlawful act,
including, but not limited to, money and other assets obtained
thereby, and the instruments or tools with which the particular
LCP 2014
unlawful act was committed, unless they are the property of a
third person not liable for the unlawful act, but those which are
not of lawful commerce shall be ordered destroyed without
delay pursuant to the provisions of Section 21 of this Act [Sec.
20].
What acts - regardless whether it is conspiracy to commit,
attempt or consummated commission - imposes the same
penalty [Sec. 26]?
(1) importation of any dangerous drug and/or controlled precursor
and essential chemical;
(2) Sale,
trading,
administration,
dispensation,
delivery,
distribution and transportation of dangerous drugs and/or
controlled precursors and essential chemicals;
(3) Maintenance of dangerous drug den, dive or resort;
(4) Manufacture of dangerous drugs and/or controlled precursors
and essential chemicals;
(5) cultivation or culture of plants classified as dangerous drugs or
are sources thereof;
ILLEGAL POSSESSION OF FIREARMS
Firearms not per se contraband
BURDEN
Prosecution that no license or
permit to carry
ILLEGAL POSSESSION OF DRUGS

Possession prima facie guilt
It is per se contraband
OF PROOF
Can never be permitted

Possession raises prima
presumption
that
you
knowledge and possession.
facie
have
Is having idea or knowledge of possession a requirement? Will

you be liable if you dont have knowledge that you are in
possession of illegal firearms or illegal drugs?
FIREARMS NO.
ILLEGAL DRUGS YES.
CHUA NOTE, IMHO :
o FIREARMS If did not know, not liable.
o DRUGS If did not know, will be liable.
o Why? Drugs are contraband per se, while firearms are not
contraband per se.
o Law on Illegal possession of firearms, must have
knowledge. For drugs, knowledge is immaterial.
Is probation allowed?
LCP 2014
YES, unless: dealing or trafficking.

*Look at admin circulars.
REPUBLIC ACT NO. 9184: GOVERNMENT
2003
PROCUREMENT REFORM ACT OF
What is the purpose of the laws?
What is the penalty for Obstruction of Justice?

The penalty is imprisonment, fine or both. Imprisonment ranges
from 4 years, 2 months and 1 day to 6 years (prision correccional in its
maximum period). The fine ranges from P1,000 P6,000.
What are the prohibited acts?

What is splitting of contracts?
Section 54.1 of the IRR is very clear on the definition:
1
54.1. Splitting of Government Contracts is

not
allowed.
Splitting
of
GovernmentContracts means the division
or breaking up of Government Contracts
into smaller quantities and amounts, or
dividing contract implementation into
artificial phases or sub-contracts for the
purpose of evading or circumventing the
requirements of law and this IRR-A,
especially the necessity of public bidding
and the requirements for the alternative
methods of procurement.
Splitting per se is not prohibited. But when the "splitting" avoids the
use of public bidding as a general mode of procurement, then a
violation is committed.
Can you be charged both under the government procurement
reform act, bribery and the anti-graft law? Can you be charged
under two or more special penal laws for one act?
YES. The rule for special penal laws is that you can be charged,
for one act, more than one special penal law or an SPL + RPC. What
you cannot do is be charged for two RPC.
PRESIDENTIAL DECREE NO. 1829: OBSTRUCTION
What is the stated purpose of PD 1829?

As stated in the law, its purpose is to discourage public
indifference or apathy towards the apprehension and prosecution of
criminal offenders, it is necessary to penalize acts which obstruct or
frustrate or tend to obstruct or frustrate the successful apprehension
and prosecution of criminal offenders.
OF JUSTICE
What is obstruction of Justice?

The term is used to refer to the acts punished under
Presidential Decree No. 1829 (Penalizing Obstruction of Apprehension
and Prosecution of Criminal Offenders).
Who may be charged under PD 1829?

Any person whether private or public who commits the
acts enumerated may be charged with violating PD 1829. In case a
public officer is found guilty, he shall also suffer perpetual
disqualification from holding public office.
What are the acts punishable under this law?
The law covers the following acts of any person who knowingly
or willfully obstructs, impedes, frustrates or delays the apprehension of
suspects and the investigation and prosecution of criminal cases:
a. 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.
b. Altering, destroying, suppressing or concealing any
paper, record, document, or object with intent to impair
its verity, authenticity, legibility, availability, or admissibility
as evidence in any investigation of or official proceedings in
criminal cases, or to be used in the investigation of, or
official proceedings in, criminal cases.
c.
Harboring or concealing, or facilitating the escape of,

any person he knows, or has reasonable ground to believe
or suspect, has committed any offense under existing penal
laws in order to prevent his arrest, prosecution and
conviction.
d. 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.

e. Delaying the prosecution of criminal cases by
obstructing the service of process or court orders or
disturbing proceedings in the fiscals offices, in
Tanodbayan, or in the courts.
f.
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.
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Colonel Honasan is a fugitive from justice, Sen. Enrile allegedly did not
do anything to have Honasan arrested or apprehended. The Supreme
Court ruled that Sen. Enrile could not be separately charged under PD
1829, as this is absorbed in the charge of rebellion already filed against
Sen. Enrile.
PENALTY:
g. Soliciting, accepting, or agreeing to accept any

benefit in consideration of abstaining from, discontinuing,
or impeding the prosecution of a criminal offender.
h. 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 a 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.
i.
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 of background information and not for
publication and publishing or disseminating the same to
mislead the investigator or the court.
What are some of the instances when questions against

charges under PD 1829 reached the Supreme Court?
In Posadas vs. Ombudsman (G.R. No. 131492, 29 September
2000), certain officials of the University of the Philippines (UP) were
charged for violating PD 1829 (paragraph c above). The UP officers
objected to the warrantless arrest of certain students by the National
Bureau of Investigation (NBI). According to the Supreme Court, the
police had no ground for the warrantless arrest. The UP Officers,
therefore, had a right to prevent the arrest of the students at the time
because their attempted arrest was illegal. The need to enforce the
law cannot be justified by sacrificing constitutional rights.
In another case, Sen. Juan Ponce Enrile was charged under PD
1829, for allegedly accommodating Col. Gregorio Honasan by giving
him food and comfort on 1 December 1989 in his house. Knowing that
Additional Penalty:
Prision correccional in its maximum period OR a

1K to 6K pesos, or both,
If any of the acts mentioned is penalized by an

higher penalty: The higher penalty shall be imp
Perpetual disqualification from holding pub

committed by a public official or employee
Obstruction of Justice
Art. 19, RPC - A

Punishable Acts
a. Preventing witnesses from testifying Art. 19. Accessories.
in any criminal proceeding or from those who, having k
reporting the commission of any offense commission of the cr
or the identity of any offender/s by means having participated t
of bribery, misrepresentation, deceit, principals or accomp
intimidation, force or threats.
subsequent to its com
the following manners:
b. Altering, destroying, suppressing or law library
concealing any paper, record, document,
or object with intent to impair its verity, 1. By profiting thems
authenticity, legibility, availability, or the offender to profit by
admissibility
as
evidence
in
any crime.
investigation of or official proceedings in
criminal cases, or to be used in the 2. By concealing or de
investigation of, or official proceedings in, of the crime, or
criminal cases.
instruments thereof, in
its discovery.
c. Harboring
or
concealing,
or
facilitating the escape of, any person 3. By harboring, conce
he knows, or has reasonable ground to in the escape of the
believe or suspect, has committed any crime, provided the ac
offense under existing penal laws in order abuse of his public func
to prevent his arrest, prosecution and the author of the c
conviction.
treason, parricide, mur
to take the life of the C
d. Publicly using a fictitious name for the is known to be habitua
purpose of concealing a crime, evading other crime.
prosecution or the execution of a

judgment, or concealing his true name
and other personal circumstances for the
same purpose or purposes.
e. Delaying the prosecution of criminal
cases by obstructing the service of
process or court orders or disturbing
proceedings in the fiscals offices, in
Tanodbayan, or in the courts.
f.
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.
g. Soliciting, accepting, or agreeing to

accept any benefit in consideration of
abstaining
from,
discontinuing,
or
impeding the prosecution of a criminal
offender.
h. 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 a 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.
i.
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
of background information and not for
publication
and
publishing
or
disseminating the same to mislead the
investigator or the court.
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Liability
Principal
Accessory
Who has discretion to decide under what law to charge him?

It is up to the State to decide under what law you should charge
the accused.
May family members of the accused in the original crime
committed be charged?
NO. Art. 20 of the RPC provides that: [the] penalties prescribed
for accessories shall not be imposed upon those who are such with
respect to their spouses, ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by affinity within the
same degrees, with the single exception of accessories falling within
the provisions of paragraph 1 of the next preceding article.
As family members cannot be charged under the revised penal
code, can you still charge under the special law for harboring,
concealing?
YES. There is a thesis on this. Still cannot be charged, because
of Art. 20 and human nature.
*Sometimes authorities abuse this rule.
What kind of investigation does the law refer to?
Fact-finding investigation.
REPUBLIC ACT NO. 8484: ACCESS DEVICES
What is the access devices law?
It is Republic Act No. 8484, which is an act regulating the
issuance and use of access devices and prohibiting the
fraudulent acts committed relative thereto, among others. By
enacting this legislation, the State recognizes the recent advances in
technology and the widespread use of access devices in commercial
transactions.
What is an Access Device?
It is any card, plate, code, account number, electronic serial
number, personal identification number, or other telecommunications
service, equipment, or instrumental identifier, or other means of
account access that can be used to obtain money, good, services, or
any other thing of value or to initiate a transfer of funds (other than a
(d) Cash Advance Fee any fee imposed for an extension of credit in
the form of cash.
What is a credit card?

It is any card, plate, coupon book, or other credit device
existing for the purpose of obtaining money, goods, property, labor or
services or any thing of value on credit.
(e) Over-the-Limit-Fee any fee imposed in connection with an

extension of credit in excess of the amount of credit authorized to be
extended with respect to such amount. In case the application or
solicitation to open a credit card account for any person under an
open-end consumer credit plan be made through catalogs, magazines,
or other publications, the following additional information shall be
disclosed:
What are the information required to be declared in credit card

application and solicitation?
Any application to open a credit card account for any person
under an open-end credit plan or a solicitation to open such an
account, either by mail, telephone or other means, shall disclose in
writing or orally, as the case may be, the following information:
(a) Annual Percentage Rate
1
Each annual percentage rate of interest on the amount of credit

obtained by the credit card holder under such credit plan.
Where an extension of credit is subject to a variable rate, the
fact that the rate is variable, and the annual percentage rate in
effect at the time of the mailing.
2 Where more than one rate applies, the range of
balances to which each rate applies.
(b) Annual and other Fees
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transfer originated solely by paper instrument). It includes a credit

card.
Any annual fee, other periodic fee, or membership fee imposed for the
issuance or availability of a credit card, including any account
maintenance fee or any other charge imposed based on activity or
inactivity for the account during the billing cycle.
Any minimum finance charge imposed for each period during which
any extension of credit which is subject to a finance charge is
outstanding (a finance charge represents the amount to be paid by
the debtor incident to the extension of credit such as interest or
discounts, collection fees, credit investigation fees, and other service
charges).
Any transaction charge imposed in connection with use of the card to
purchase goods or services.
Any fee, penalty or surcharge imposed for the delay in payment of an
account. (a penalty charge means such amount, in addition to
interest, imposed on the credit card holder for non-payment of an
account within a prescribed period).
(c) Balance Calculation Method the name or a detailed explanation
of the balance calculation method used in determining the balance
upon which the finance charge is computed.
(1) A statement, in a conspicuous and prominent location on the

application or solicitation, that,
1
2
3
the information is accurate as of the date the application or

solicitation was printed;
the information contained in the application or solicitation is
subject to change after such date;
the applicant should contact the creditor for information on any
change in the information contained in the application or
solicitation since it was printed;
(2) The date the application or solicitation was printed; and

(3) In a conspicuous and prominent location on the application or
solicitation, a toll free telephone number or mailing address which the
applicant may contact to obtain any change in the information
provided in the application or solicitation since it was printed.
Is there any exceptions to this disclosure requirement?
Yes. The disclosures may be omitted in any telephone solicitation or
application if the credit card issuer:
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does not impose any fee in connection with paragraph

(b)(1) above;
does not impose any fee in connection with telephone
solicitation unless the consumer signifies acceptance by
using the card;
discloses clearly the information in writing within thirty
(30) days after the consumer requests the card, but in
no event later than the date of delivery of the card; and
discloses clearly that the consumer is not obligated to
accept the card or account and the consumer will not be
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obligated to pay any fees or charges disclosed unless

the consumer elects to accept the card or account by
using the card.
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If a credit card issuer already disclosed the information
required above, is it still required to disclose certain
information prior to renewal?
Yes. Except in telephone solicitations, a card issuer that

imposes any fee described above shall transmit to a consumers credit
card account a clear and conspicuous disclosure of:
1
the date by which, the month by which, or the billing period at

the close of which, the account will expire if not renewed;
2 the information described above shall be transmitted to a
consumer at least thirty (30) days prior to the scheduled
renewal date of the consumers credit card account;
3 the information described in 4 (a) (1) above, which shall be
transmitted to a consumers credit card account; and
4 the method by which the consumer may terminate the
continued credit availability under the account.
These disclosures must be made prior to posting a fee described in 4
(b) (1) above, or with the periodic billing statement first disclosing that
the fee has been posted to the account subject to the condition that
the consumer is given thirty (30) day period to avoid payment of the
fee or to have the fee recredited to the account in any case where the
consumer does not wish to continue the availability of the credit.
What is the duty of a credit card isssuer in terms of
computation?
A credit card issuer must, to the extent practicable, provide a
detailed explanation and a clear illustration of the manner by which all
charges and fees are computed.
Is there any exceptions to this disclosure requirement?
Yes. The disclosures may be omitted in any telephone
solicitation or application if the credit card issuer:
1
2
does not impose any fee in connection with paragraph (b)(1)

above;
does not impose any fee in connection with telephone
solicitation unless the consumer signifies acceptance by using
the card;
discloses clearly the information in writing within thirty (30)
days after the consumer requests the card, but in no event
later than the date of delivery of the card; and
discloses clearly that the consumer is not obligated to accept
the card or account and the consumer will not be obligated to
pay any fees or charges disclosed unless the consumer elects
to accept the card or account by using the card.
5
If a credit card issuer already disclosed the information
required above, is it still required to disclose certain
information prior to renewal?
Yes. Except in telephone solicitations, a card issuer that
imposes any fee described above shall transmit to a consumers credit
card account a clear and conspicuous disclosure of:
S
the date by which, the month by which, or the billing

period at the close of which, the account will expire if
not renewed;
S the information described above shall be transmitted to
a consumer at least thirty (30) days prior to the
scheduled renewal date of the consumers credit card
account;
S the information described in 4 (a) (1) above, which shall
be transmitted to a consumers credit card account; and
S the method by which the consumer may terminate the
continued credit availability under the account.
These disclosures must be made prior to posting a fee described in 4
(b) (1) above, or with the periodic billing statement first disclosing that
the fee has been posted to the account subject to the condition that
the consumer is given thirty (30) day period to avoid payment of the
fee or to have the fee recredited to the account in any case where the
consumer does not wish to continue the availability of the credit.
What is the duty of a credit card isssuer in terms of
computation?
A credit card issuer must, to the extent practicable, provide a
detailed explanation and a clear illustration of the manner by which all
charges and fees are computed.
What shall you do if you lose your credit card or other access
devices?
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In case of loss of an access device, the holder must notify the

issuer of the access device of the details and circumstances of such
loss upon knowledge of the loss. Full compliance with such procedure
would absolve the access device holder of any financial liability from
fraudulent use of the access device from the time the loss or theft is
reported to the issuer.
The occurrence of credit card fraud is increasing and acquiring banks

incur huge losses and suffer stunted credit card sales, ultimately
threatening the survival of the credit card industry, including the
negative repercussions in the domestic economy, the President said in
the order that she signed Wednesday.
LAUREL vs. Abrogar, G.R. No. 155076, 02/27/2006 - In the

Philippines, Congress has not amended the Revised Penal Code to
include theft of services or theft of business as felonies. Instead, it
approved a law, Republic Act No. 8484, otherwise known as the Access
Devices Regulation Act of 1998, on February 11, 1998. Under the law,
an access device means any card, plate, code, account number,
electronic serial number, personal identification number and other
telecommunication services, equipment or instrumentalities-identifier
or other means of account access that can be used to obtain money,
goods, services or any other thing of value or to initiate a transfer of
funds other than a transfer originated solely by paper instrument.
She said credit card fraud was a form of economic sabotage as it

creates a bad image for the country in the global market at a time
when the government was moving to boost tourism.
Among the prohibited acts enumerated in Section 9 of the law are the
acts of obtaining money or anything of value through the use of an
access device, with intent to defraud or intent to gain and fleeing
thereafter; and of effecting transactions with one or more access
devices issued to another person or persons to receive payment or any
other thing of value. Under Section 11 of the law, conspiracy to commit
access devices fraud is a crime. However, the petitioner is not charged
of violation of R.A. 8484.
Significantly, a prosecution under the law shall be without prejudice to
any liability for violation of any provisions of the Revised Penal Code
inclusive of theft under Rule 308 of the Revised Penal Code and estafa
under Article 315 of the Revised Penal Code. Thus, if an individual
steals a credit card and uses the same to obtain services, he is liable of
the following: theft of the credit card under Article 308 of the Revised
Penal Code; violation of Republic Act No. 8484; and estafa under Article
315(2)(a) of the Revised Penal Code with the service provider as the
private complainant. The petitioner is not charged of estafa before the
RTC in the Amended Information.
The Credit Card Association of the Philippines (CCAP) earlier appealed

to Malacanang to give more teeth to its laws against fraudsters using
illegally obtained information from credit cards, obtained mostly
through store or restaurant personnel.
Although credit card fraud is not as widespread in the Philippines as in
other countries constituting less than one percent of credit card
transactions here the CCAP said there was a need for safeguards
because of the inadequate security features of most credit cards in the
country.
Of course, credit card fraud is present in our country. In the cases Ive
handled, a SINGLE fraudulent transaction amounted to millions of
pesos. This task force addresses the dilemma whether a credit card
company, which oftentimes absorbs the loss, should spend more
money in prosecuting alone without the active participation of
government agencies a frudulent credit card transaction.
Under Republic Act No. 8484 (the Access Device Regulation Act of
1998), in case of loss of an access device (a credit card, for instance),
the credit card holder must notify the issuer or the credit card company
of the details and circumstances of such loss upon knowledge of the
loss. Full compliance with this procedure would absolve the credit card
holder of any financial liability from fraudulent use of the credit card
from the time the loss or theft is reported to the issuer.
What are the prohibited acts under the access devices law?
The PIA reports that the President issued Executive Order No. 573,
creating an Anti-Fraud Task Force composed of the National Bureau of
Investigation (NBI) and the Philippine National Police (PNP) to
strengthen Republic Act 8484, or the Access Device Regulation Act of
1998?.
(a) producing, using, trafficking in one or more counterfeit

access devices;
(b) trafficking in one or more unauthorized access devices or
access devices fraudulently applied for;

S
S
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S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
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(c) using, with intent to defraud, an unauthorized access
(m) making any alteration, without the access device holder's

authority, of any amount or other information written on the sales slip;
(d) using an access device fraudulently applied for;
(n) effecting transaction, with one or more access devices

issued to another person or persons, to receive payment or any other
thing of value;
device;
(e) possessing one or more counterfeit access devices or

access devices fraudulently applied for;
(f) producing, trafficking in, having control or custody of, or
possessing device-making or altering equipment without being in the
business or employment, which lawfully deals with the manufacture,
issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or in any manner allowing
another, for consideration or otherwise to produce, use, traffic in
counterfeit access devices, unauthorized access devices or access
devices fraudulently applied for;
(h) multiple imprinting on more than one transaction record,
sales slip or similar document, thereby making it appear that the
device holder has entered into a transaction other than those which
said device holder had lawfully contracted for, or submitting, without
being an affiliated merchant, an order to collect from the issuer of the
access device, such extra sales slip through an affiliated merchant who
connives therewith, or, under false pretenses of being an affiliated
merchant, present for collection such sales slips, and similar
documents;
(i) disclosing any information imprinted on the access device,
such as, but not limited to, the account number or name or address of
the device holder, without the latter's authority or permission;
(j) obtaining money or anything of value through the use of an
access device, with intent to defraud or with intent to gain and fleeing
thereafter;
(k) having in one's possession, without authority from the
owner of the access device or the access device company, an access
device, or any material, such as slips, carbon paper, or any other
medium, on which the access device is written, printed, embossed, or
otherwise indicated;
(l) writing or causing to be written on sales slips, approval
numbers from the issuer of the access device of the fact of approval,
where in fact no such approval was given, or where, if given, what is
written is deliberately different from the approval actually given;
(o) without the authorization of the issuer of the access device,

soliciting a person for the purpose of:
1) offering an access device; or
2) selling information regarding or an application to
obtain an access device; or
(p) without the authorization of the credit card system member
or its agent, causing or arranging for another person to present to the
member or its agent, for payment, one or more evidence or records of
transactions made by credit card.
What acts will create a presumption of intent to defraud
(Section 14)?
(a) An access device, without permission of the owner or
without any lawful authority;
(b) A counterfeit access device;
(c) Access device fraudulently applied for;
(d) Any device-making or altering equipment by any person
whose business or employment does not lawfully deal with the
manufacture, issuance, or distribution of access device;
(e) An access device or medium on which an access device is
written, not in the ordinary course of the possessor's trade or business;
or
(f) A genuine access device, not in the name of the possessor,
or not in the ordinary course of the possessor's trade or business, shall
be prima facie evidence that such device or equipment is intended to
be used to defraud.
(g) A cardholder who abandons or surreptitiously leaves the
place of employment, business or residence stated in his application or
credit card, without informing the credit card company of the place
where he could actually be found, if at the time of such abandonment
LCP 2014
or surreptitious leaving, the outstanding and unpaid balance is past

due for at least ninety (90) days and is more than Ten thousand pesos
(P10,000.00), shall be prima facie presumed to have used his credit
card with intent to defraud.
of same was given by such persons.

Thats a very long definition. Please enumerate the specific
acts prohibited and punished under the Anti-Photo and Video
Voyeurism Act of 2009.
REPUBLIC ACT NO. 4200: ANTI-WIRETAPPING ACT
1. To take photo or video coverage of a person or group of

persons performing sexual act or any similar activity or to
capture an image of the private area of a person/s such as the
naked or undergarment clad genitals, pubic area, buttocks or
female breast without the consent of the person/s involved and
under circumstances in which the person/s has/have a
reasonable expectation of privacy.
What acts are penalized under the law?

It shall be unlawful for any person, not being authorized by all
the parties to any private communication or spoken word:
(1) to tap any wire or cable, or
(2) by using any other device or arrangement
Are conversations recorded via an extension line covered by
this law?
NO. The violator must have tapped into a line using a
dictaphone or dictagraph or dictaphone or walkie-talkie or tape
recorder. IF you have to intercept data not covered by the law.
2. To copy or reproduce, or to cause to be copied or

reproduced, such photo or video or recording of sexual act or
any similar activity with or without consideration. It is
immaterial if consent to record or take photo or video coverage
of the same was given by such person/s.
Is this list exclusive?

YES. According to a case.
3. To sell or distribute, or cause to be sold or distributed,

such photo or video or recording of sexual act, whether it be
the original copy or reproduction thereof. It is immaterial if
consent to record or take photo or video coverage of the same
was given by such person/s.
What if you tapped RH Bill Congressional discussions and then

broadcast the same or relay the same in a TV network?
NO. The communication was not private.
Is the XXX TV show in violation of this law?
NO. ACCORDING TO EXPERTS: You cannot fabricate an audiovideo, but you can easily fabricate the audio recording. Another
argument: instrument used should be primarily for tapping or recording
to be liable.
REPUBLIC ACT NO. 9995: ANTI-PHOTO
2009
AND
VIDEO VOYEURISM ACT
4. To publish or broadcast, or cause to be published or

broadcast, whether in print or broadcast media, or show or
exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD, internet,
cellular phones and other similar means or device. It is
immaterial if consent to record or take photo or video coverage
of the same was given by such person/s.
OF
What is the definition of photo or video voyeurism?

It is the act of taking photo or video coverage of a person or
group of persons performing sexual act or any similar activity or of
capturing an image of the private area of a person or persons without
the latters consent, under circumstances in which such person/s
has/have a reasonable expectation of privacy, or the act of selling,
copying, reproducing, broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such sexual act or similar
activity through VCD/DVD, internet, cellular phones and similar means
or device without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or video coverage
The first act speaks of circumstances in which a person has a

reasonable expectation of privacy, what does this mean?
It means circumstances in which a reasonable person would believe
that:
1
(a) he/she could disrobe in privacy, without being concerned

that an image or a private area of the person was being
captured; or
(b) a private area of the person would not be visible to the
public, regardless of whether that person is in a public or
private place.
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What do you mean by private area of a person?
It means the naked or undergarment clad genitals, pubic area,

buttocks or female breast of an individual.
If theres an undergarment (e.g., brief or panty) covering the
private parts, is this still covered by the law?
Yes. Based on the definition above, the genitals, pubic area,
buttocks or female breast of an individual may be naked or clad with
undergarment.
What is the meaning of capture?
With respect to an image, it means to videotape, photograph,
film, record by any means, or broadcast.
What if the other person was aware of and consented to the
taking of the photograph?
Even if there was consent to the taking of the photo, if there is
no consent to the sharing or exhibition, then the offending party would
still be liable.
What do you mean by broadcast?
Broadcast means to make public, by any means, a visual
image with the intent that it be viewed by a person or persons.
What if the photo shows the breasts of a man, is this covered
by the law?
No. The law only covers female breasts.
If the photo shows only the side of a female breast, without
the nipple, is this still covered by the law?
Yes. The term female breast includes any portion of the
female breast.
What is the penalty for committing any of the prohibited acts?
The court has the discretion to impose:
Imprisonment of not less that three (3) years but not

more than seven (7) years, or
A fine of not less than P100,000 but not more than
P500,000, or
Both.
Are these materials admissible in evidence?

As a general rule, no. The record, photo or video, or copy
thereof, obtained or secured by any person in violation of this law shall
not be admissible in evidence in any judicial, quasi-judicial, legislative
or administrative hearing or investigation.
However, any peace officer may secure an order of the court to
use the record or any copy thereof as evidence in any civil, criminal
investigation or trial of the crime of photo or video voyeurism. The
written order shall only be issued or granted upon written application
and the examination under oath or affirmation of the applicant and the
witnesses he/she may produce, and upon showing that there are
reasonable grounds to believe that photo or video voyeurism has been
committed or is about to be committed, and that the evidence to be
obtained is essential to the conviction of any person for, or to the
solution or prevention of such, crime.
May you still punish a person who commits any of the
punishable acts if the person/s recorded consented thereto?
YES. But under Art. 201(2)(b) of the RPC and not under this act.
Art. 201. Immoral doctrines, obscene publications and

exhibitions and indecent shows. The penalty of prision mayor
or a fine ranging from six thousand to twelve thousand pesos,
or both such imprisonment and fine, shall be imposed upon:
(1) Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;
(2)
(a) the authors of obscene literature, published
with their knowledge in any form; the editors
publishing
such
literature;
and
the
owners/operators of the establishment selling
the same;
(b)
Those
who,
in
theaters,
fairs,

cinematographs or any other place, exhibit,
indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are
prescribed by virtue hereof, shall include those
which
LCP 2014
person receiving the photo liable?
NO. Only the person sending.
Will the television stations who broadcast part of the videos be
liable?
(1) glorify criminals or condone crimes;

(2) serve no other purpose but to
satisfy the market for violence, lust
or pornography;
What about the oblation run?
(3) offend any race or religion;
Should charge public officials for neglect of duty. Practice

should not be above the law.
(4) tend to abet traffic in and use of

prohibited drugs; and
BATAS PAMBANSA BLG. 22: BOUNCING CHECKS LAW
(5) are contrary to law, public order,

morals, and good customs, established
policies, lawful orders, decrees and
edicts;
(3) Those who shall sell, give away or exhibit films,
prints, engravings, sculpture or literature which are
offensive to morals. (As amended by PD Nos. 960 and
969).
Are peeping toms who do not take photo or video covered by
this law?
NO.
CLASS
CHUI NOTE: NO. But technically yes.
DISCUSSION
If person who recorded the video participated in the sexual

act, is he still liable? See case of Hayden Kho.
YES. Even if you are a participant, if the other party did not
consent then they are still liable.
Reporter is doing a documentary, chanced upon a group of
men shirtless and took pictures. Will he be liable?
NO. Law contemplates female breasts.
If a person sends a nude picture to another person, will the
True or False. Absent notice of dishonor, the drawer cannot be

liable?
TRUE.
Who makes the notice?
May be bank or the person to whom the check is issued to.
Aside from the notice of dishonor, what else is the requirement
before a B.P. 22 case is filed?
If reason was stop payment, are you liable under B.P. 22?
Yes.
Is insufficiency of funds or stop payment order a requirement
before you are liable?
Check was dishonored because of closed account (subsequent

to issuance of check), and the check was dishonored. Liable?
Yes. Even if there is not stamp on the check that it was lack or
insufficiency of funds.
What is the penalty?

What is the policy of the law? Can a judge issue a fine only?
YES. According to SC Circular AM No. 13-2001 it is the policy
of the law to observe a RULE OF PREFERENCE, such that when the
circumstances of the offense and offender clearly indicate good faith or
clear mistake of fact without taint of negligence, the imposition of the
fine alone is considered the more appropriate penalty.
This is without prejudice to:
1. The discretion of the judge and in the best interests
of justice to determine whether in the circumstances
in each case to:
o Impose imprisonment and fine;
o Impose a fine alone;
UNLESS foregoing
imprisonment would
Depreciate the
seriousness of the
offense;
Work violence on the
social order;
Otherwise contrary to
the imperatives of
justice.
2. To the imposition of subsidiary imprisonment in
cases the person held liable under BP 22 is unable
to pay.
REPUBLIC ACT NO. 9160, AS AMENDED BY R.A. NO. 9194 AND R.A. NO.
XXXX: ANTI-MONEY LAUNDERING ACT OF 2001 AND 2012
What are covered institutions?
LCP 2014
2.
3.
4.
5.
6.
7.
economic justification;
The client is not properly identified;
The amount involved is not commensurate with the
business or financial capacity of the client;
The transaction is structured to avoid being reported;
There is a deviation from the clients profile/past
transactions;
The transaction is related to an unlawful activity/offense
under the law;
Transactions similar or analogous to the above.
Why is the law so often amended?

In order to comply with FATI requirements, so we will not be
blacklisted.
REPUBLIC ACT NO. 1405: BANK SECRECY LAW
What is the bank secrecy act?
Section 2. 1 All deposits of whatever nature with banks or banking
institutions in the Philippines including investments in bonds issued by
the Government of the Philippines, its political subdivisions and its
instrumentalities, are hereby considered as of an absolutely
confidential nature and may not be examined, inquired or looked
into by any person, government official, bureau or office, except upon
(1) written permission of the depositor, or in cases of (2) impeachment,
or (3) upon order of a competent court in cases of bribery or dereliction
of duty of public officials, or in (4) cases where the money deposited or
invested is the subject matter of the litigation.
Section 3. It shall be unlawful for any official or employee of a
banking institution to disclose to any person other than those
mentioned in Section two hereof any information concerning said
deposits.
What if the person only inquire the existence of the account?
What are predicate crimes?

If proceeds did not come from predicate crimes, then not
covered under the law.
What are suspicious transactions (Boado 620)?
1. There is no underlying legal/trade obligation, purpose or
Not allowed to be disclosed.

REPUBLIC ACT NO. 3019: ANTI-GRAFT LAW
Who are liable?
Generally public officer.
o But private individuals
o In conspiracy with public officers; or

o
o
LCP 2014
Who induce the public officer to commit any of the

prohibited acts; or
Who take advantage of their relationship with the
public officer to commit any of the prohibited acts.
REPUBLIC ACT NO. 7080,
AS AMENDED:
ANTI-PLUNDER ACT
What is plunder?
Section 2. Definition of the Crime of Plunder; Penalties - Any
public officer who, by himself or in connivance with members of his
family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or acquires illgotten wealth through a combination or series of overt or criminal acts
as described in Section 1(d) hereof, in the aggregate amount or total
value of at least Seventy-five million pesos (P75,000,000.00), shall be
guilty of the crime of plunder and shall be punished by life
imprisonment with perpetual absolute disqualification from holding any
public office. Any person who participated with said public officer in the
commission of plunder shall likewise be punished. In the imposition of
penalties, the degree of participation and the attendance of mitigating
and extenuating circumstances shall be considered by the court. The
court shall declare any and all ill-gotten wealth and their interests and
other incomes and assets including the properties and shares of stock
derived from the deposit or investment thereof forfeited in favor of the
State.
What court has jurisdiction over the offense?
Section 3. Competent Court - Until otherwise provided by law, all
prosecutions under this Act shall be within the original jurisdiction of
the Sandiganbayan.
What sort of evidence is necessary in plunder proceedings?
Section 4. Rule of Evidence - For purposes of establishing the crime
of plunder, it shall not be necessary to prove each and every criminal
act done by the accused in furtherance of the scheme or conspiracy to
amass, accumulate or acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or conspiracy.
When shall crimes prescribe?
Section 6. Prescription of Crimes - The crime punishable under this
Act shall prescribe in twenty (20) years. However, the right of the State
to recover properties unlawfully acquired by public officers from them

or from their nominees or transferees shall not be barred by
prescription, laches, or estoppel.
What shall
suspended?
happen
to
the
public
officer?
Shall
he
be
Section 5. Suspension and Loss of Benefits - Any public officer

against whom any criminal prosecution under a valid information under
this Act in whatever stage of execution and mode of participation, is
pending in court, shall be suspended from office. Should he be
convicted by final judgment, he shall lose all retirement or gratuity
benefits under any law, but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and other benefits which he failed to
receive during suspension, unless in the meantime, administrative
proceedings have been filed against him.
Why is there a need for us to have a plunder law?
Because of the nature or gravity of the crime. The legislature
thinks the gravity of the crime merits the enactment of the law.
REPUBLIC ACT NO. 1379: FORFEITURE LAW
ILLEGITIMATE PROPERTY
1. Property unlawfully acquired by the
respondent, but its ownership is concealed
by its being recorded in the name of, or
held
by,
the
respondent's
spouse,
ascendants, descendants, relatives, or any
other person.
2. Property unlawfully acquired by the
respondent, but transferred by him to
another person or persons on or after the
effectivity of this Act.
3. Property donated to the respondent
during his incumbency, unless he can prove
to the satisfaction of the court that the
donation is lawful.
LEGITIMATE PROPERTY
"Other legitimately acquired prop

means any real or personal prope
money or securities which the res
has at any time acquired by inhe
and the income thereof, or by gif
vivos before his becoming a publ
or employee, or any property (or
thereof) already pertaining to him
qualified for public office or empl
or the fruits and income of the ex
property of the respondent's spo
When is there a presumption in the law as to unlawfully

acquired property?
Whenever any public officer or employee has acquired during his
incumbency an amount of property which is manifestly out of
proportion to his salary as such public officer or employee and to his

other lawful income and the income from legitimately acquired
property, said property shall be presumed prima facie to have been
unlawfully acquired (Sec. 2).
What is the procedure for filing the petition (Sec. 2)?
(1) File a petition upon a finding of probable cause
The Solicitor General, upon complaint by any taxpayer to the city or
provincial fiscal who shall conduct a previous inquiry similar to
preliminary investigations in criminal cases and shall certify to the
Solicitor General that there is reasonable ground to believe that there
has been committed a violation of this Act and the respondent is
probably guilty thereof, shall file, in the name and on behalf of the
Republic of the Philippines, in the Court of First Instance of the city or
province where said public officer or employee resides or holds office, a
petition for a writ commanding said officer or employee to show cause
why the property aforesaid, or any part thereof, should not be declared
property of the State:
Provided, That no such petition shall be filed within one year before
any general election or within three months before any special
election.
The resignation, dismissal or separation of the officer or employee from
his office or employment in the Government or in the Governmentowned or controlled corporation shall not be a bar to the filing of the
petition:
Provided, however, That the right to file such petition shall prescribe
after four years from the date of the resignation, dismissal or
separation or expiration of the term of the office or employee
concerned, except as to those who have ceased to hold office within
ten years prior to the approval of this Act, in which case the
proceedings shall prescribe after four years from the approval hereof.
(2) The respondent shall have a period of fifteen days within which to
present his answer.
(3) The Court shall set a date for a hearing, which may be open to the
public, and during which the respondent shall be given ample
opportunity to explain, to the satisfaction of the court, how he has
acquired the property in question.
(4) Judgment. If the respondent is unable to show to the satisfaction of
the court that he has lawfully acquired the property in question, then
the court shall declare such property, forfeited in favor of the State,
LCP 2014
and by virtue of such judgment the property aforesaid shall become
property of the State: Provided, That no judgment shall be rendered
within six months before any general election or within three months
before any special election. The Court may, in addition, refer this case
to the corresponding Executive Department for administrative or
criminal action, or both.
(5) Appeal. The parties may appeal from the judgment of the Court of
First Instance as provided in the Rules of Court for appeals in civil
cases.
What shall the petition contain (Sec. 3)?
The petition shall contain the following information:
(a) The name and address of the respondent.
(b) The public officer or employment he holds and such other public
offices or employment which he has previously held.
(c) The approximate amount of property he has acquired during his
incumbency in his past and present offices and employments.
(d) A description of said property, or such thereof as has been
identified by the Solicitor General.
(e) The total amount of his government salary and other proper
earnings and incomes from legitimately acquired property, and
(f) Such other information as may enable the court to determine
whether or not the respondent has unlawfully acquired property during
his incumbency.
Is there immunity under the law?
YES. Immunity. The Solicitor General may grant immunity from
criminal prosecution to any person who testifies to the unlawful
manner in which the respondent has acquired any of the property in
question in cases where such testimony is necessary to prove
violations of this Act (Section).
May a witness invoke the right against self-incrimination under
the law (Sec. 8)?
NO. Neither the respondent nor any other person shall be
excused from attending and testifying or from producing books,
LCP 2014
papers, correspondence, memoranda and other records on the ground

that the testimony or evidence, documentary or otherwise, required of
him may tend to incriminate him or subject him to prosecution; but no
individual shall be prosecuted criminally for or on account of any
transaction, matter or thing concerning which he is compelled, after
having claimed his privilege against self-incrimination, to testify or
produce evidence, documentary or otherwise, except that such
individual so testifying shall not be exempt from prosecution and
conviction for perjury or false testimony committed in so testifying or
from administrative proceedings.
Does the law on prescription of actions apply (Sec. 11)?
NO. The laws concerning acquisitive prescription and limitation
of actions cannot be invoked by, nor shall they benefit the respondent,
in respect of any property unlawfully acquired by him.
REPUBLIC ACT NO. 9184: NEW PUBLIC BIDDING LAW
REPUBLIC ACT NO. 9262: ANTI-VIOLENCE AGAINST WOMEN
CHILDREN ACT OF 2004
(2) Any act by deeds or words which debases, degrades or

demeans the intrinsic worth and dignity of a child as a human
being;
(3) Unreasonable deprivation of his basic needs for survival,
such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured
child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.
Do you think the Willie Revillame, the Jonjon episode, can be
considered child abuse?
Can be argued both ways. But personally is child abuse,
psychological in nature. But episode inadequacy of the law since the
parents declined to pursue the case. Nabayaran.
REPUBLIC ACT NO. 7658: EMPLOYMENT
AND THEIR
T or F. This law only covers violations against women?

False. Covers women and their children.
If Jumbo hit Detdet, would they be covered by this law?
NO. No sexual or dating relationship.
What about the Chavit Singson case? And what kind of abuse
will be present?
Physical abuse.
Economic abuse.
Can a woman be convicted under the VAWC?
Yes.
REPUBLIC ACT NO. 7610, AS AMENDED: SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD ABUSE EXPLOITATION, AND DISCRIMINATION ACT
What is child abuse (Sec. 3(b))?
It is the maltreatment, whether habitual or not, of the child which
includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
OF
CHILDREN
What are the rules for employment of children?

GEN RULE: Children below fifteen (15) years of age shall not be
employed.
EXCEPTION:
(1) When a child works directly under the sole responsibility of
his parents or legal guardian and where only members of the
employer's family are employed: Provided, however, That his
employment neither endangers his life, safety, health and
morals, nor impairs his normal development; Provided, further,
That the parent or legal guardian shall provide the said minor
child with the prescribed primary and/or secondary education;
or
(2) Where a child's employment or participation in public
entertainment or information through cinema, theater, radio or
television is essential: Provided, The employment contract is
concluded by the child's parents or legal guardian, with the
express agreement of the child concerned, if possible, and the
approval of the Department of Labor and Employment: and
Provided, That the following requirements in all instances are
strictly complied with:
(a) The employer shall ensure the protection, health,
safety, morals and normal development of the child;
(b) The employer shall institute measures to prevent the
LCP 2014
child's exploitation or discrimination taking into account

the system and level of remuneration, and the duration
and arrangement of working time; and
REPUBLIC ACT NO. 9775: ANTI-CHILD PORNOGRAPHY LAW
(c) The employer shall formulate and implement,

subject to the approval and supervision of competent
authorities, a continuing program for training and skills
acquisition of the child.
Is there a presumption under the law?

Under the VAWC, when a child is found alone with an adult in a
suspicious place, then there is a presumption of child abuse.
What is the duty of the DOLE?

In the above exceptional cases where any such child may be
employed, the employer shall first secure, before engaging such child,
a work permit from the Department of Labor and Employment which
shall ensure observance of the above requirements.
PRESIDENTIAL DECREE NO. 603,

WELFARE CODE
AS
AND
IN
PERSONS ACT
WELFARE ACT
AMENDED:
CHILD
OF
AND
2006
YOUTH
OF
2003
REPUBLIC ACT NO. 7877: ANTI-SEXUAL HARASSMENT ACT

REPUBLIC ACT NO. 8049: ANTI-HAZING LAW
REPUBLIC ACT NO. 7659,
PENALTY LAW
AS AMENDED BY
R.A. NO. 9346: DEATH
REPUBLIC ACT NO. 9372: HUMAN SECURITY ACT
REPUBLIC ACT NO. 9745: ANTI-TORTURE ACT

REPUBLIC ACT NO. 9344: JUVENILE JUSTICE
REPUBLIC ACT NO. 9208: ANTI-TRAFFICKING
OF
2007

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CLASS NOTES ON SPL CHUA

The law applied should be the RPC or special law imposing a

MINIMUM term: shall not

Formula for easy reference:

CLASS NOTES ON SPL CHUA

Several ACs and

No AC, 2 or more MCs:

Derive MINIMUM term by getting the penalty

Punished by Special Law

Court may fix any as long as it

does not exceed the penalty prescribed by the special law

MINIMUM TERM: Court has discretion so long as it

How is the minimum term determined (RPC offense)?

Some factors which may be considered:

CLASS NOTES ON SPL CHUA

Authorized to adopt rules and regulations

Can call upon any bureau, office, branch,

Decisions will be arrived at by MAJORITY

CLASS NOTES ON SPL CHUA

As amended by PD 1990, Sec. 4 expressly prohibits the grant of

Parole refers to the conditional release of a prisoner from a

What if application is for the purpose of lowering the penalty

Chui: If the purpose of the appeal is not to contest the guilt of

PRESIDENTIAL DECREE No. 968 July 24, 1976

Where do you file?

CLASS NOTES ON SPL CHUA

all information relative to the character, antecedents,

What is the purpose of the law?

Promote the correction and rehabilitation by providing

5. Who are already serving sentence at the time of the

CLASS NOTES ON SPL CHUA

convict be placed on probation?

CLASS NOTES ON SPL CHUA

Its application is discretionary on the part of the court (People v.

If I go to the department of defense, give name different from

AN ACT AMENDING COMMONWEALTH ACT NUMBERED ONE

Can you register five names with the court?

Classified under crimes against public interest, grouped with

ANTI-ARSON LAW (P.D.1613) SIMPLE ARSON

How is this law violated?

Distinguish simple arson under this law with destructive arson

CLASS NOTES ON SPL CHUA

complex crime of arson with homicide (Reyes II 884).

2. If committed for the benefit of another;

What are prima facie evidence of arson (Sec. 6)?

3. If the offender is motivated by spite or hatred towards the

2. If substantial amount of flammable substances or materials

4. If committed by a syndicate. The offense is committed by a

CLASS NOTES ON SPL CHUA

Is there frustrated arson?

is a motor vehicle considered carnapped?

cash or personal property (People v. Dela Cruz). If both crimes happen

When does the crime become qualified?

What law covers the unlawful taking of motor vehicles?

What are the elements of fencing?

Does the sale of a motor vehicle by one entrusted with fall

1) The crime of robbery or theft has been committed;

CLASS NOTES ON SPL CHUA

ILLEGAL POSSESSION OF FIREARMS

In what cases is illegal possession of firearms considered an

How do you file information? What if youre in possession of

RA NO. 6235: ANTI-HIGHJACKING LAW

CLASS NOTES ON SPL CHUA

3) Commit murder, homicide, serious physical injuries or rape