SPECIAL PENAL LAWS- FINALS REVIEWER
What is Dismantling?
1. ANTI-CARNAPPING ACT (RA 6539)
What is Carnapping?
It is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter's consent, or by
means of violence against or intimidation of persons, or
by using force upon things.
What is a Motor vehicle?
It is any vehicle propelled by any power other than
muscular power using the public highways, but excepting
road rollers, trolley cars, street-sweepers, sprinklers, lawn
mowers, bulldozers, graders, fork-lifts, amphibian trucks,
and cranes if not used on public highways, vehicles,
which run only on rails or tracks, and tractors, trailers and
traction engines of all kinds used exclusively for
agricultural purposes. Trailers having any number of
wheels, when propelled or intended to be propelled by
attachment to a motor vehicle, shall be classified as
separate motor vehicle with no power rating.
What is "Defacing or tampering with" a serial
number?
It is the erasing, scratching, altering or changing of the
original factory-inscribed serial number on the motor
vehicle engine, engine block or chassis of any motor
vehicle. Whenever any motor vehicle is found to have a
serial number on its motor engine, engine block or chassis
which is different from that which is listed in the records
of the Bureau of Customs for motor vehicles imported
into the Philippines, that motor vehicle shall be
considered to have a defaced or tampered with serial
number.
What is Repainting?
It is changing the color of a motor vehicle by means of
painting. There is repainting whenever the new color of a
motor vehicle is different from its color as registered in
the Land Transportation Commission.
What is Body-building?
It is a job undertaken on a motor vehicle in order to
replace its entire body with a new body.
What is Remodeling?
It is the introduction of some changes in the shape or form
of the body of the motor vehicle.
It is the tearing apart, piece by piece or part by part, of a
motor vehicle.
What is Overhauling?
It is the cleaning or repairing of the whole engine of a
motor vehicle by separating the motor engine and its parts
from the body of the motor vehicle.
When should one must register his vehicle?
Within one year after the approval of this Act, every
owner or possessor of unregistered motor vehicle or parts
thereof in knock down condition shall register with the
Land Transportation Commission the motor vehicle
engine, engine block and chassis in his name or in the
name of the real owner who shall be readily available to
answer any claim over the registered motor vehicle
engine, engine block or chassis.
What is the effect of non-registration?
They shall be considered as untaxed importation or
coming from an illegal source or carnapped, and shall be
confiscated in favor of the Government.
Are there charges in the registration?
None. All owners of motor vehicles in all cities and
municipalities are required to register their cars with the
local police without paying any charges.
Suppose the motor vehicle is sold to another person,
must there be a new subsequent registration?
Yes. Every sale, transfer, conveyance, substitution or
replacement of a motor vehicle engine, engine block or
chassis of a motor vehicle shall be registered with the
Land Transportation Commission.
What is the effect of non-registration?
Motor vehicles assembled and rebuilt or repaired by
replacement with motor vehicle engines, engine blocks
and chassis not registered with the Land Transportation
Commission shall not be issued certificates of registration
and shall be considered as untaxed imported motor
vehicles or motor vehicles carnapped or proceeding from
illegal sources.
What is the procedure when seeks original
registration of a vehicle?
1) Whether that motor vehicle is newly assembled or
rebuilt or acquired from a registered owner, he shall
within one week after the completion of the assembly or
rebuilding job or the acquisition thereof from the
registered owner, apply to the Philippine Constabulary for
clearance of the motor vehicle for registration with the
Land Transportation Commission.
2) The Philippine Constabulary shall, upon receipt of the
application, verify if the motor vehicle or its numbered
parts are in the list of carnapped motor vehicles or stolen
motor vehicle parts.
3) If the motor vehicle or any of its numbered parts is not
in that list, the Philippine Constabulary shall forthwith
issue a certificate of clearance.
4) Upon presentation of the certificate of clearance from
the Philippine Constabulary and after verification of the
registration of the motor vehicle engine, engine block and
chassis in the permanent registry of motor vehicle
engines, engine blocks and chassis, the Land
Transportation Commission shall register the motor
vehicle.
What is the duty of Collector of Customs when an
imported motor vehicle, etc. has arrived?
He shall, within seven days after the arrival of the
imported motor vehicle or any of its parts enumerated
herein, make a report of the shipment to the LTC,
specifying the make, type and serial numbers, if any, of
the motor vehicle engine, engine block and chassis or
body, and stating the names and addresses of the owner
or consignee thereof. If the motor vehicle engine, engine
block, chassis or body does not bear any serial number,
the Collector of Customs concerned shall hold the motor
vehicle engine, engine block, chassis or body until it is
numbered by the LTC.
What is the duty of importers, distributors and sellers
of motor vehicles?
They shall keep a permanent record of his stocks, stating
therein their type, make and serial numbers, and the
names and addresses of the persons from whom they were
acquired and the names and addresses of the persons to
whom they were sold, and shall render an accurate
monthly report of his transactions in motor vehicles to the
LTC.
What is the duty of manufacturers of engine blocks,
chassis or body?
They shall cause the numbering of every engine block,
chassis or body manufactured in a convenient and
conspicuous part thereof which the LTC may direct for
the purpose of uniformity and identification of the factory
and shall submit to the Land Transportation Commission
a monthly report of the manufacture and sale of engine
blocks, chassis or body.
What is the requirement for assembly or rebuilding of
motor vehicles?
The person who shall undertake to assemble or rebuild or
cause the assembly or rebuilding of a motor vehicle shall
first secure a certificate of clearance from the Philippine
Constabulary: Provided, That no such permit shall be
issued unless the applicant shall present a statement under
oath containing the type, make and serial numbers of the
engine, chassis and body, if any, and the complete list of
the spare parts of the motor vehicle to be assembled or
rebuilt together with the names and addresses of the
sources thereof.
Is a permit required in mounting motor vehicles on
motor boats, motor bancas and other light water
vessels?
Yes. The applicant shall secure a permit from the
Philippine Coast Guard, which office shall in turn furnish
the LTC the pertinent data concerning the motor vehicle
engines including their type, make and serial numbers.
Is clearance required for shipment of motor vehicles,
motor vehicle engines, engine blocks, chassis or body?
Yes. Any person who owns or operates inter-island
shipping or any water transportation with launches, boats,
vessels or ships shall within seven days submit a report to
the Philippine Constabulary.
Is defacing or tampering with serial numbers illegal?
Yes. It shall be unlawful for any person to deface or
otherwise tamper with the original or registered serial
number of motor vehicle engines, engine blocks and
chassis.
What will happen to aliens guilty of violating this Act?
They shall be deported immediately after service of
sentence without further proceedings by the Deportation
Board.
Is a person who voluntarily gives out information to
aid authorities entitled to a reward?
Yes. Any person who voluntarily gives information
leading to the recovery of carnapped vehicles and for the
conviction of the persons charged with carnapping shall
be given as reward so much reward money as the
Philippine Constabulary may fix. Any information given
by informers shall be treated as confidential matter.
Penalty:
1) Any person who violates any provisions of this Act
shall be punished with imprisonment for not less than two
years nor more than six years and a fine equal in amount
to the acquisition cost of the motor vehicle, motor vehicle
engine or any other part involved in the violation:
Provided, That if the person violating any provision of
this Act is a juridical person, the penalty herein provided
shall be imposed on its president or secretary and/or
members of the board of directors or any of its officers
and employees who may have directly participated in the
violation.
1) Any government official or employee who directly
commits the unlawful acts defined in this Act or is guilty
of gross negligence of duty or connives with or permits
the commission of any of the said unlawful act shall, in
addition to the penalty prescribed in the preceding
paragraph, be dismissed from the service with prejudice
to his reinstatement and with disqualification from voting
or being voted for in any election and from appointment
to any public office.
3) Any person who is found guilty of carnapping, as this
term is defined in Section two of this Act, shall,
irrespective of the value of motor vehicle taken, be
punished by imprisonment for not less than fourteen years
and eight months and not more than seventeen years and
four months, when the carnapping is committed without
violence or intimidation of persons, or force upon things;
and by imprisonment for not less than seventeen years and
four months and not more than thirty years, when the
carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the
penalty of life imprisonment to death shall be imposed
when the owner, driver or occupant of the carnapped
motor vehicle is killed in the commission of the
carnapping.
 2. ANTI-GRAFT AND CORRUPT
PRACTICES ACT (RA 3019)
Who is a Public Officer?
Elective and appointive officials and employees,
permanent or temporary, whether in the classified or
unclassified or exempt service receiving compensation,
even nominal, from the government.
What do you mean by "receiving any gift"?
It is the act of accepting (directly or indirectly) a gift from
a person other than a member of the public officer's
immediate family, in behalf of himself or of any member
of his family or relative within the fourth civil degree,
either by consanguinity or affinity, even on the occasion
of a family celebration or national festivity like
Christmas, if the value of the gift is under the
circumstances manifestly excessive.
What constitutes unlawful and corrupt practices of a
public officer?
(a) Persuading, inducing or influencing another public
officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent authority
or an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or
transaction between the Government and any other part,
wherein the public officer in his official capacity has to
intervene under the law.
(c) Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for himself
or for another, from any person for whom the public
officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit
or license, in consideration for the help given or to be
given.
(d) Accepting or having any member of his family accept
employment in a private enterprise which has pending
official business with him during the pendency thereof or
within one year after its termination.
(e) Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his
official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable
negligence. This provision shall apply to officers and
employees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request,
without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of
obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit
or advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or
discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public
officer profited or will profit thereby.
(h) Directly or indirectly having financing or pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal
gain, or having a material interest in any transaction or act
requiring the approval of a board, panel or group of which
he is a member, and which exercises discretion in such
approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or
group.
Interest for personal gain shall be presumed against those
public officers responsible for the approval of manifestly
unlawful, inequitable, or irregular transaction or acts by
the board, panel or group to which they belong.
(j) Knowingly approving or granting any license, permit,
privilege or benefit in favor of any person not qualified
for or not legally entitled to such license, permit, privilege
or advantage, or of a mere representative or dummy of
one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential
character, acquired by his office or by him on account of
his official position to unauthorized persons, or releasing
such information in advance of its authorized release date.
What happens to the person giving the gift, present,
share, percentage or benefit, or offering or giving to
the public officer employment, or urging the divulging
or untimely release of the confidential information?
Such person, together with the offending public officer,
will be punished under this Act and shall be permanently
or temporarily disqualified in the discretion of the Court,
from transacting business in any form with the
Government.
What includes Family Relation?
It shall include the spouse or relatives by consanguinity
or affinity in the third civil degree.
What is Close Personal Relation?
It shall include close personal friendship, social and
fraternal connections, and professional employment all
giving rise to intimacy which assures free access to such
public officer.
Who among those related to the President, Vice-
President, Senate President, House Speaker are
prohibited to intervene, directly or indirectly, in any
business, transaction, contract or application with the
government?
The spouse or any relative, by consanguinity or affinity,
within the third civil degree.
Exception: Any person who, prior to the assumption of
office of the official, has been already dealing with the
Government along the same line of business, or to any
transaction, contract or application already existing or
pending at the time of such assumption of public office,
or to any application filed by him the approval of which
is not discretionary on the part of the official or officials
concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to
law, or to any act lawfully performed in an official
capacity or in the exercise of a profession.
What is the prohibition on any member of the
Congress?
To acquire or receive any personal pecuniary interest in
any specific business enterprise which will be directly and
particularly favored or benefited by any law or resolution
authored by him previously approved or adopted by the
Congress during the his term.
With regard to enactment or adoption of a law or
resolution, who can be liable?
Any public officer who recommended the initiation in
Congress of the enactment or adoption of any law or
resolution and acquires or receives any such interest
during his incumbency.
Suppose the member of the Congress or a public
officer has an interest even prior to the approval or the
law or resolution authored or recommended by him?
It is unlawful for such member of Congress or other
public officer to continue to retain such interest for 30
days after approval.
When should every public officer prepare and file his
Statement of Assets and Liabilities (SAL)?
Within thirty days after the approval of this Act or after
assuming office, and within the month of January of every
other year thereafter, as well as upon the expiration of his
term of office, or upon his resignation or separation from
office.
What should the SAL contain?
A true detailed and sworn statement of assets and
liabilities, including a statement of the amounts and
sources of his income, the amounts of his personal and
family expenses and the amount of income taxes paid for
the next preceding calendar year.
Suppose a public officer assumed office less than two
months before the end of the calendar year?
He may file his statement in the following months of
January.
When can a public official be considered guilty of graft
and corruption?
If he has been found to have acquired during his
incumbency, whether in his name or in the name of other
persons, an amount of property and/or money manifestly
out of proportion to his salary and to his other lawful
income.
What is the consequence of such violation?
It shall be a ground for dismissal or removal.
What are also considered in the determination of the
public official's guilt?Properties in the name of the
spouse and unmarried children of such public official may
be taken into consideration, when their acquisition
through legitimate means cannot be satisfactorily shown.
Bank deposits shall be taken into consideration in the
enforcement of this section, notwithstanding any
provision of law to the contrary.
Who has competent jurisdiction of graft and
corruption cases?
Until otherwise provided by law, the proper Court of First
Instance in its original jurisdiction.
What is the prescription period?
10 years.
Is the public officer concerned allowed to resign
pending an investigation, criminal or administrative,
or pending a prosecution against him?
No.
Will the public officer be suspended?
Yes. Any public officer against whom any criminal
prosecution under a valid information under this Act or
under the provisions of the Revised Penal Code on bribery
is pending in court, shall be suspended from office.
What happens if he is convicted?
He shall lose all retirement or gratuity benefits under any
law.
If he is acquitted?
He shall be entitled to reinstatement and to the salaries
and benefits which he failed to receive during suspension,
unless in the meantime administrative proceedings have
been filed against him.
What gifts or presents are excepted in this Act?
Unsolicited gifts or presents of small or insignificant
value offered or given as a mere ordinary token of
gratitude or friendship according to local customs or
usage.
Can a public official still practice his profession,
lawful trade or occupation during his incumbency?
Yes. Provided that, under the law, he may legitimately
practice his profession, trade or occupation during his
incumbency.
Exception: Where the practice of such profession, trade or
occupation involves conspiracy with any other person or
public official to commit any of the violations penalized
in this Act.
 3. ANTI-SEXUAL HARASSMENT ACT (RA
7877)
Who are protected under this Act?
Workers, employees, applicants for employment, students
or those undergoing training, instruction or education.
Towards this end, all forms of sexual harassment in the
employment, education or training environment are
hereby declared unlawful.
Who can commit work, education, or training-related
sexual harassment?
An employer, employee, manager, supervisor, agent of
the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority,
influence or moral ascendancy over another in a work or
training or education environment.
How is sexual harassment committed?
Thru demands, requests or otherwise requires any sexual
favor from the other, regardless of whether it is accepted.
In a work-related or employment environment, when is a
sexual harassment committed?
(1) The sexual favor is made as a condition in the hiring
or in the employment, re-employment or continued
employment of said individual, or in granting said
individual favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to grant the
sexual favor results in limiting, segregating or classifying
the employee which in any way would discriminate,
deprive ordiminish employment opportunities or
otherwise adversely affect said employee;
(2) The above acts would impair the employee's rights or
privileges under existing labor laws;
(3) The above acts would result in an intimidating, hostile,
or offensive environment for the employee.
In an education or training environment, against whom a
sexual harassment is made?
(1) Against one who is under the care, custody or
supervision of the offender;
(2) Against one whose education, training, apprenticeship
or tutorship is entrusted to the offender.
In the same abovementioned environment, when is a
sexual harassment committed?
(1) When the sexual favor is made a condition to the
giving of a passing grade, or the granting of honors and
scholarships, or the payment of a stipend, allowance or
other benefits, privileges, or consideration; or
(2) When the sexual advances result in an intimidating,
hostile or offensive environment for the student, trainee
or apprentice.
Aside from the person who committed sexual harassment,
who is also liable?
Any person who directs or induces another to commit any
act of sexual harassment, or who cooperates in the
commission thereof by another without which it would
not have been committed, shall also be held liable.
What is the duty of the employer or head of the office
in a work-related, education or training environment?
To prevent or deter the commission of acts of
sexual harassment and to provide the procedures for the
resolution, settlement or prosecution of acts of sexual
harassment.
To what extent is the liability of the employer or head?
He/She shall be solidarily liable for damages arising
from the acts of sexual harassment committed in the
employment, education or training environment if the
employer or head of office, educational or training
institution is informed of such acts by the offended party
and no immediate action is taken.
Can the victim of work, education or training-related
sexual harassment institute a separate and
independent action for damages and other affirmative
relief?
Yes.
What is the penalty?
Imprisonment of not less than 1 month nor more than 6
months, or a fine of not less than P10,000 nor more than
P20,000, or both at the discretion of the court.
What is the prescription period?
3 years.
 4. PLUNDER (RA 7080)
Who can be guilty of Plunder?
1) 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 ill-gotten
wealth through a combination or series of overt criminal
acts in the aggregate amount or total value of at least P50
million.
2) Any person who participated with the said public
officer in the commission of an offense contributing to the
crime of plunder shall likewise be punished for such
offense.
What is Ill-gotten wealth?
Any asset, property, business enterprise or material
possession of any person, acquired by him directly or
indirectly through dummies, nominees, agents,
subordinates and/or business associates by any
combination or series of specific or similar criminal
means or schemes.
How is ill-gotten wealth acquired?
1) Misappropriation, conversion, misuse, or malversation
: Public funds or raids on the public treasury
2) Receive (directly or indirectly) in connection with any
government contract or project or by reason of the office
or position : Commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any
person and/or entity
3) Illegal or fraudulent conveyance or disposition : Assets
of the Government or any of its subdivisions, agencies or
instrumentalities or GOCCs and their subsidiaries
4) Obtaining, receiving or accepting (directly or
indirectly) in any business enterprise or undertaking :
Shares of stock, equity or any other form of interest or
participation including promise of future employment
5) Establishing the ff. to benefit particular persons or
special interests : Agricultural, industrial or commercial
monopolies or other combinations and/or implementation
of decrees and orders
6) Taking undue advantage of the ff. to unjustly enrich
himself at the expense and to the damage and prejudice of
the country and its citizens : Official position, authority,
relationship, connection or influence
What must be the total value or aggregate amount of
ill-gotten wealth?
At least P50 Million.
What is the penalty?
Reclusion perpetua to death.
How is the penalty determined?
In the imposition of penalties, the degree of participation
and the attendance of mitigating circumstances shall be
considered by the court.
What shall happen to the ill-gotten wealth?
Any or all ill-gotten wealth and their interests and other
incomes and assets including the properties and shares of
stocks derived from the deposit or investment thereof
shall be forfeited in favor of the State.
Who is a Public Officer?
Any person holding any public office in the Philippine
Government by virtue of an appointment, election or
contract.
What is the scope of the Government?
It includes the National Government, and any of its
subdivisions, agencies or instrumentalities, including
GOCCs and their subsidiaries.
What is a Person?
It includes any natural or juridical person, unless the
context indicates otherwise.
Which court has competent jurisdiction over plunder
cases?
The Sandiganbayan in its original jurisdiction, until
otherwise provided by law.
How is the crime of plunder established by means of
evidence?
It shall not be necessary to prove each and every criminal
act done by the accused. It is sufficient to establish beyond
reasonable doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or conspiracy.
Will the public officer accused of plunder be
suspended from office?
Yes. 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.
What happens if he is convicted by final judgment?
He shall lose all retirement or gratuity benefits under any
law.
If 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.
Is plunder prescriptible?
Yes. It shall prescribe in 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.
 5. TORTURE (RA 9745)
PUNISHABLE ACTS—
1. Torture
2. other cruel, inhuman, and degrading treatment or
punishment
DEFINITION OF TORTURE [SEC. 3(a)]—
1. intentional infliction of severe pain or suffering,
whether physical1 or mental2, on a person in
custody
2. for the purpose of either:
a. obtaining from him/her or a third person
information or a confession;
b. punishing him/her for an act he/she or a third
person has committed or is suspected of having
committed;
c. intimidating or coercing him/her or a third
person;
d. any reason based on discrimination of any kind
3. such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence
of a person in authority or agent of a person in
authority
4. such pain or suffering does not arise only from,
inherent in, or incidental to lawful sanctions.
DEFINITION OF ‘OTHER CRUEL, INHUMAN,
AND DEGRADING TREATMENT OR
PUNISHMENT’ [SEC. 5]—
1. infliction of deliberate and aggravated treatment
or punishment, which is not an enumerated act of
torture
2. treatment or punishment attains a level of
severity3 sufficient to cause suffering, gross
humiliation or debasement
3. such is inflicted by a person in authority or agent
of a person in authority against another person in
custody
1
causes severe pain, exhaustion, disability, or dysfunction of one or
more parts of the body [Sec. 4(a)]
TORTURE AS A SEPARATE AND INDEPENDENT
CRIME [SEC. 15]—
 Torture shall not absorb or shall not be absorbed
by any other crime or felony committed as a
consequence, or as a means in the conduct or
commission thereof.
 Torture shall be treated as a separate and
independent criminal act whose penalties shall be
imposable without prejudice to any other criminal
liability provided for by domestic and
international laws.
TORTURE NOT JUSTIFIABLE [SEC. 6]—
A state of war or a threat of war, internal political
instability, or any other public emergency, or a document
or any determination comprising an "order of battle" shall
not and can never be invoked as a justification for torture
and other cruel, inhuman and degrading treatment or
punishment.
WHO ARE CRIMINALLY LIABLE [SEC. 13]—
1. Principals
a. person who actually participated or induced in the
commisison
b. person who cooperated in the execution by
previous or simultaneous acts
c. superior military, police or law enforcement
officer or senior government official who issued
an order to any lower ranking personnel to
commite torture for whatever purpose
d. immediate commanding officer/senior public
official of the unit involved
 for any act, omission, or negligence that
shall have led, assisted, abetted,
allowed, directly or indirectly, the
commission
 for failure to take preventive or
corrective action, before, during, or
immediately after, whether deliberate or
thru negligence, when he knew or
should have known that the crime has
been committed, is being committed, or
shall be committed by his/her
2
calculated to affect or confuse the mind and/or undermine a person’s
dignity and morale [Sec. 4(b)]
3
level of severity shall depend on all the circumstances of the case
 subordinates or within his/her area of RIGHT TO PHYSICAL, MEDICAL, AND
responsibility PSYCHOLOGICAL EXAMINATION [SEC. 12]—
 for failure to prevent or investigate Before and after interrogation, every person arrested,
allegations of such acts when s/he has detained or under custodial investigation shall have the
the authority to prevent or investigate right to:
allegations of such
1. demand physical examination by an independent
2. Accessories— Any public officer or employee and competent doctor of his/her own choice4
who has knowledge that crime is being
2. to immediate access to proper and adequate
committed and without having participated
medical treatment5
therein, either as principal or accomplice, takes
part subsequent to its commission in any of the
following manner:
The physical examination and/or psychological
a. by themselves profiting from or assisting the evaluation of the victim shall be contained in a medical
offender to profit from the effects of the act of report, duly signed by the attending physician, which shall
torture or other cruel, inhuman and degrading include in detail his/her medical history and findings, and
treatment or punishment; which shall he attached to the custodial investigation
report.
b. by concealing the act of torture or other cruel,
inhuman and degrading treatment or punishment Any person who does not wish to avail of the rights under
and/or destroying the effects or instruments this provision may knowingly and voluntarily waive such
thereof in order to prevent its discovery; or rights in writing, executed in the presence and assistance
of his/her counsel.
c. by harboring, concealing or assisting m the
escape of the principal/s in the act of torture or EXCLUSION FROM AMNESTY [SEC. 16]—
other cruel, inhuman and degrading treatment or
punishment: persons who have committed any act of torture shall not
benefit from any special amnesty law or similar measures
Provided, That the accessory acts are done with the abuse that will have the effect of exempting them from any
of the official's public functions. criminal proceedings and sanctions.
SUPPLETORY APPLICATION OF THE RPC [SEC.
22]—
The provisions of the Revised Penal Code insofar as they
are applicable shall be suppletory to this Act.
TORTURE AS AN AGGRAVATING
CIRCUMSTANCE [SEC. 22]—
If the commission of any crime punishable under Title
Eight (Crimes Against Persons) and Title Nine (Crimes
Against Personal Liberty and Security) of the Revised
Penal Code is attended by any of the acts constituting
torture and other cruel, inhuman and degrading treatment
or punishment as defined herein, the penalty to be
imposed shall be in its maximum period.

4
If such person cannot afford the services of his/her own doctor, he/she
5
shall he provided by the State with a competent and independent doctor Right is also enjoyed by his/her immediate family.
to conduct physical examination.
 6. CHILD PORNOGRAPHY (RA 9775) Who may be liable:
7. HUMAN SECURITY ACT (RA 9372)
Description Penalty
Approved: March 9, 2007
Conspirator Two or more 40 years
The crime of terrorism is committed by any person who (Section 4) persons come imprisonment
engages in any of the following acts punishable under to an
RPC and other special laws: agreement
concerning the
Under the RPC (PRC-MaKaDa)
commission of
1. Piracy in general and Mutiny in the high seas or in the the crime of
Philippine waters (Art. 122); terrorism and
decide to
2. Rebellion or Insurrection (Art. 134); commit the
3. Coup d’etat including acts committed by private same.
persons (Art. 134-a); Accomplice Any person 17 years, 4
4. Murder (Art. 248); (Section 5) who, not being months, 1 day
a principal or a to 20 years
5. Kidnapping and Serious Illegal Detention (Art. 267); conspirator, imprisonment
cooperates in
6. Crimes involving destruction (Art. 324).
the execution
Under Special Laws (ATAHAF) of either the
crime of
1. Arson (PD No. 1613);
terrorism or
2. Toxic substances and Hazardous and Nuclear Waste conspiracy to
Control Act of 1990 (RA No. 6969); commit
terrorism by
3. Atomic Energy Regulatory and Liability Act of 1968 previous or
(RA No. 5207); simultaneous
4. Anti-Hijacking Law (RA No. 6235); acts.

5. Anti-Piracy and Anti-Highway Robbery Law of 1974 Accessory Any person 10 years and
(PD No. 532); (Section 6) who, having 1 day to 12
knowledge of years
6. Decree Codifying the Laws on Illegal and Unlawful the imprisonment
Possession, Manufacture, Dealing in, Acquisition or commission of
Disposition of Firearms, Ammunitions or Explosives (PD the crime of
No. 1866). terrorism or
conspiracy to
PROVIDED that the following requisites are present:
commit
1. The act committed sows and creates a condition of terrorism, and
widespread and extraordinary fear and panic among the without
populace; having
participated
2. The act was committed in order to coerce the therein, takes
government to give in to an unlawful demand. part
Note: The benefit of Parole under the Indeterminate subsequent to
Sentence Law (Act. No. 4103) is not applicable to its
persons convicted under this Act. commission in
any of the
following
manner:
 a. Profiti
ng himself or
Requisites for Formal Application for Judicial
assisting the
Authorization to Intercept and Record
offender to
Communication: (Section 8)
profit by the
effects of the 1. There must be an ex parte application by the police or
crime; law enforcement official;
b. Conce 2. The applicant must have been duly authorized in
aling or writing by the Anti-Terrorism Council;
destroying the
body of the 3. Examination under oath or affirmation of the applicant
crime or the and the witnesses he may produce to establish that: (CEN)
effects or a.There is probable cause to believe based on personal
instruments knowledge of facts that the said crime of terrorism or
thereof in conspiracy to commit terrorism has been committed, is
order to being committed or is about to be committed;
prevent its
discovery; b.There is probable cause to believe based on personal
knowledge of facts that evidence, which is essential to the
c. Harbo conviction of any charged or suspected person, will be
ring, obtained;
concealing or
assisting in the c. There is no other effective means for acquiring such
escape of the evidence.
principal or
Classified Information (Section 9)
conspirator.
1. Written order granted by the authorizing division of the
CA;
Note: The provisions of Articles 18 on accomplices and
2. Order by CA to extend No.1;
19 on accessories of the RPC do not apply since the
penalty of nomenclature in the Act is not the same as that 3. Original application of the applicant;
of the RPC.
4. Application to renew No. 3;
Surveillance and Interception of Communication
(Section 7) 5. Written authorizations of Anti-Terrorism Council.

General Rule: Notwithstanding RA No. 4200 (Anti-Wire
Tapping Law), a police or law enforcement official and
members of his team may, upon written order of the Court
of Appeals, listen to, intercept and record any
communication between members of a judicially declared
and outlawed terrorist organization or group of persons or
of any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.
Exception: Communications between:
1. Lawyers and clients;
2. Doctors and patients;
3. Journalists and their sources;
4. Confidential business correspondence.
Provided, the person being surveilled or whose
communications have been monitored, listened to,
bugged or recorded, has the right to be informed of the
acts done by the law enforcement authorities and to
challenge the legality of the interference before the CA
which issued the order.
The judicial authorization shall be effective for the length
of time specified in the written order of the authorizing
division of the CA, which shall not exceed 30 days from
the receipt of the order by the applicant (Section 10).
The authorizing division of the CA may extend or renew
the said authorization for another non-extendible period,
which shall not exceed 30 days from the expiration of the
original period, PROVIDED THAT:
1. The authorizing division of the CA is satisfied that such
extension is in the public interest;
2. The ex parte application for extension or renewal is
filed by the original applicant and has been duly
authorized in writing by the Anti-Terrorism Council.
In case of death or disability of the original applicant:
the application for extension shall be filed by the one next
in rank to the original applicant among the members of
his team.
The applicant shall have 30 days after the termination of
the period granted by CA within which to file the
appropriate case before the Public Prosecutor’s Office.
If no case is filed within the 30-day period, the applicant
shall notify the person subject of the surveillance of the
termination of such surveillance or recording.
Custody of Intercepted and Recorded Information
(Section 11)
All tapes, discs and recordings made pursuant to the
authorization of the CA (including excerpts, summaries
and written notes made in connection therewith) shall be
deposited in a sealed envelope or package accompanied
by a joint affidavit of the applicant police officer or law
enforcement officials and the members of his team, with
the authorizing CA division within 48 hours after the
expiration of the order.
It is unlawful for any person, police officer or any
custodian of the tapes, discs and recording, and their
excerpts and summaries, written notes or memoranda to
copy in whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext
whatsoever.
Disposition of Deposited Materials (Section 13)
The sealed envelope or package and the contents thereof
shall be deemed classified information and the same shall
not be opened and its contents shall not be divulged or
used as evidence UNLESS authorized by written order of
the authorizing CA division.
The said written order shall be granted upon:
1. A written application of DOJ filed before the
authorizing division of CA;
2. A showing that the DOJ has been duly authorized in
writing by the Anti-Terrorism Council to file such
application;
3. Proper notice to the person whose communication has
been subjected to surveillance that the sealed envelope or
package shall be opened.
The written application shall clearly state the purpose or
reason:
i. for opening the sealed envelope;
ii. for revealing or disclosing its classified contents;
iii. for replaying, divulging, and or reading any of the
listened to, intercepted, and recorded communications,
etc.;
iv. for using any of the said listened to, intercepted and
recorded communications as evidence (Section 14)
Evidentiary Value of Deposited Materials (Section 15)
Any listened to, intercepted, and recorded
communications, or any information or fact contained
therein, including their existence, content, substance,
purport, effect, or meaning, which have been secured in
violation of the pertinent provisions of this Act, shall
absolutely not be admissible and usable as evidence
against anybody in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry,
proceeding, or hearing.
Proscription of Terrorist Organizations, Association
or Group of Persons (Section 17)
Any organization, association or group of persons –
1. Organized for the purpose of engaging in terrorism; or
2. Although not organized for that purpose, actually uses
the acts to terrorize or to sow and create a condition of
widespread and extraordinary fear and panic among the
populace in order to coerce the government to give in to
unlawful demand shall, upon application by DOJ before a
competent RTC, with due notice and opportunity to be
heard given to the said group, be declared as a terrorist
and outlawed organization, association, or group of
persons by the said RTC.
Note: An association of terrorists is not an illegal
association defined under the RPC.
Illegal associations (Article 147, RPC)
These are associations totally or partially organized for
the purpose of committing any of the crimes punishable
under this Code or for some purpose contrary to public
morals.
Period of Detention Without Judicial Warrant of
Arrest (Section 18)
General Rule: Notwithstanding Art. 125 of RPC, any
police or law enforcement personnel who has taken
custody of a person charged or suspected of the crime of
terrorism or conspiracy to commit terrorism shall deliver
said charged person to the proper judicial authority within
3 days counted from the moment of arrest.
Note: Anti-terrorism law amended Art. 125 of the RPC
insofar as terrorism and conspiracy to commit terrorism
are concerned.
Delay in the delivery of detained persons to the proper
judicial authorities (Article 125, RPC)
The penalties provided in the next preceding article shall
be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities
within the period of; 12 hours for crimes or offenses
punishable by light penalties, or their equivalent; 18 hours
for crimes or offenses punishable by correctional
penalties, or their equivalent and 36 hours for crimes, or
offenses punishable by afflictive or capital penalties, or
their equivalent.
Exception (Section 19): In the event of actual or
imminent terrorist attack, suspects may be detained for
more than 3 days upon written approval of:
1. Municipal, city, provincial or regional official of
Human Rights Commission;
2. Judge of MTC, RTC or Sandiganbayan; or
3. Justice of CA nearest the place of arrest. The written
approval must be procured within 5 days after the date of
detention.
Provided that within 3 days after detention, suspects
whose connection with the terror attack or threat is not
established, shall be released immediately.
If the arrest is made during Saturdays, Sundays, Holidays
or after office hours, the police or law enforcement
personnel shall bring the arrested person to the residence
of any of the officials mentioned above that is nearest the
place where the accused was arrested.
Special Cases
Where the arrest resulted from:
1. Surveillance or interception of communication; OR
2. Examination of bank deposits.
Before detaining the person suspected of the crime of
terrorism or conspiracy to commit terrorism, the arresting
officer shall present him/her before any judge at the
latter’s residence or office nearest the place where the
arrest took place at any time of the day or night. The
following shall be the duties of the judge in such case:
1. Ascertain the identity of the police or law enforcement
personnel and the person arrested;
2. Inquire on the reason for the arrest;
3. Determine whether or not the person arrested has been
subjected to any physical, moral or psychological torture,
by whom and why;
4. Submit a written report of his/her observations within
3 calendar days from the time the suspect was brought
before him.
Failure to Deliver Suspect to Proper Judicial
Authority (Section 20)
The penalty of 10 years and 1 day to 12 years or
imprisonment shall be imposed upon any police or law
enforcement personnel who has apprehended or arrested,
detained and taken custody of a person charged with or
suspected of the crime of terrorism or conspiracy to
commit terrorism and fails to deliver such charged or
suspected person to the proper judicial authority within
the period of 3 days.
Rights of a Person under Custodial Detention (Section
21)
1.Right to be informed of the nature and cause of his
arrest;
2. Right to remain silent;
3.Right to have competent and independent counsel
preferably of his choice.
If the person cannot afford the services of counsel of his
choice, the police or law enforcement officers concerned
shall immediately contact the free legal assistance unit of
the IBP or PAO;
4. Right to be informed of the cause of his detention in the
presence of his legal counsel;
5. Allowed to communicate freely with his counsel;
6. Allowed to communicate freely and privately with the
members of his family or with his nearest relatives and to
be visited by them;
7. Allowed freely to avail of the service of a physician of
choice.
Restriction on Travel (Section 26)
Requisites
1. Evidence of guilt is not strong;
2. Person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to bail and is
granted the same;
3. Application by the prosecutor to the court to limit the
right of travel of the accused.
Limitation to the right of travel of the accused
1. Within the municipality or city where he resides or
where the case is pending: travel outside of said
municipality or city, without the authorization of the
court, shall be deemed a violation of the terms and
conditions of his bail, which shall be then forfeited as
provided under the rules of court.
2. House arrest at the usual place of residence of the
accused: accused may not use telephones, cellphones, e-
mails, computers, the internet or other means of
communications with people outside the residence until
otherwise ordered by the court.
Modes of termination of restrictions
1. Upon the acquittal of the accused;
2. Dismissal of the case filed against the accused;
3. Upon the discretion of the court on motion of the
prosecutor or of the accused.
Examination of Bank Deposits, Accounts and Records
(Section 27)
Notwithstanding RA No. 1405 (Bank Secrecy Law) as
amended, judicial authorization to examine bank deposits,
accounts and records may be procured from the justices
of CA designated to handle anti-terrorism cases after
satisfying themselves of the existence of probable cause
in hearing for that purpose that:
1. A person charged with or suspected of the crime of
terrorism or, conspiracy to commit terrorism;
2. Of a judicially declared and outlawed terrorist
organization, association, or group of persons; and
3. Of a member of such judicially declared and outlawed
organization, association, or group of persons, may
authorize in writing any police or law enforcement
officer and the members of his/her team duly authorized
in writing by the anti-terrorism council to:
a. Examine, or cause the examination of, the deposits,
placements, trust accounts, assets and records in a bank or
financial institution; and
b. Gather or cause the gathering of any relevant
information about such deposits, placements, trust
accounts, assets, and records from a bank or financial
institution.
Note: The bank or financial institution concerned, shall
not refuse to allow such examination or to provide the
desired information, when so, ordered by and served with
the written order of the Court of Appeals.
Requisites for application to examine bank deposits
(Section 28):
1. Ex parte application to the CA by the police or law
enforcement official;
2. The police or law enforcement official must be
authorized in writing by the Anti-Terrorism Council to
file such application;
3. Examination under oath or affirmation of the applicant
and the witnesses he may produce to establish the facts
that will justify the need and urgency of examining and
freezing the bank deposits, placements, trust accounts,
assets and records.
Effective period of court authorization to examine and
obtain information on bank deposits, accounts and
records (Section 30) – time specified in the written order,
which shall not exceed 30 days from the date of the receipt
of the written order by the applicant police.
It may be extended for another period which shall not
exceed 30 days from the expiration of the original period,
provided:
1. The authorizing division of the CA is satisfied that such
extension is in the public interest;
2.The application for extension or renewal must have
been authorized in writing by the Anti-Terrorism Council;
3. Such must be filed by the original applicant.
In case of death or disability of the original applicant
– the one next in rank to the original applicant among the
members of his team shall file the application for
extension.
The applicant shall have 30 days after the termination of
the period granted by the CA within which to file the
appropriate case before the Public Prosecutor’s Office for
any violation of this Act.
If no case is filed within the said period, the applicant
shall immediately notify in writing the person subject of
bank examination and freezing of accounts.
Custody of Bank Data and Information (Section 31)
All information, summaries and other documents
obtained from the examination of bank deposits shall
within 48 hours after the expiration of the period fixed in
the written order be deposited with the authorizing
division of CA in a sealed envelope or package and shall
be accompanied by a joint affidavit of the applicant police
or law enforcement official and the persons who actually
conducted the examination of said bank deposits,
placements, trust accounts, assets and records.
Disposition of Bank Materials (Section 33)
The sealed envelope or package shall not be opened and
its contents shall not be used as evidence unless
authorized in a written order of the authorizing division of
CA.
Requisites in applying for judicial authorization to
open the sealed envelope containing records of bank
account:
1. Written application of DOJ filed before the authorizing
division of CA;
2. Authorization in writing by the Anti-terrorism Council
to file such application;
3. Notice in writing to the party concerned not later than
3 days before the scheduled opening;
4. The application and notice must clearly state the reason
for opening or using the information.
Evidentiary Value of Deposited Bank Materials
(Section 35)
Any information secured in violation of this act shall not
be admissible as evidence in any judicial, quasi-judicial,
legislative, or administrative investigation, inquiry,
proceeding, or hearing.
Seizure and Sequestration (Section 39)
The said accounts shall be seized, sequestered, and frozen
in order to prevent their use or transfer for purposes that
are inimical to the safety and security of the people or
injurious to the state.
Note: The accused may withdraw such sums as may be
reasonably needed by the monthly needs of his family
including the services of his counsel upon approval of the
court.
The accused may also use any of his property that is under
seizure or sequestration or frozen because of his or her
indictment as a terrorist upon permission of the court for
any legitimate reason.
If the person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism is found,
after his investigation, to be innocent by the investigating
body, or is acquitted, after his arraignment or his case is
dismissed before his arraignment by a competent court
(Section 41).
Effects:
1. The seizure, sequestration and freezing of his bank
deposits, placements, trust accounts, assets and records
shall forthwith be deemed lifted by the investigating body
or by the competent court, as the case may be, and
2. His bank deposits, placements, trust accounts, assets
and records shall be deemed released from such seizure,
sequestration and freezing, and shall be restored to him
without any delay by the bank or financial institution
concerned without any further action on his part.
The filing of any appeal on motion for reconsideration
shall not state the release of said funds from seizure,
sequestration and freezing.
If the person charged with the crime of terrorism or
conspiracy to commit terrorism is convicted by a final
judgment of a competent trial court, his seized,
sequestered and frozen bank deposits, placements, trust
accounts, assets and records shall be automatically
forfeited in favor of the government.
Infidelity in the Custody of Detained Persons (Section
44)
Infidelity
It is committed when any public officer who has direct
custody of a detained person and who by his deliberate
act, misconduct or inexcusable negligence causes or
allows the escape of such detained person.
Penalties
1. If the detained person has already been convicted and
sentenced in a final judgment: imprisonment for 12 years
and 1 day to 20 years.
2. If the detained person has not been convicted and 6. To those who, although physically outside the
sentenced in a final judgment: imprisonment for 6 years territorial limits of the Philippines, commit said crimes
and 1 day to 12 years. directly against the Philippine Government.
The acquittal of the accused or the dismissal of the case Note: The provisions of this Act shall be automatically
shall be a bar to another prosecution for any offense or suspended 1 month before and 2 months after the holding
felony which is necessarily included in the offense of any election (Section 62).
charged under this Act (Section 49).
Requisites:
1. There must be a valid complaint or information or other
formal charge sufficient in form and substance to sustain
conviction; and
2. The accused had pleaded to the charge.
Upon acquittal, any person accused of terrorism shall be
entitled to the payment of damages in the amount of
P500,000.00 for every day that he has been detained
without warrant (Section 50).
The provisions of Book 1 of the RPC shall be applicable
to this act (Section 52).
Extra-territorial Application of This Act (Section 58)
Subject to the provision of an existing treaty of which the
Philippines is a signatory and to any contrary provision of
any law of preferential application, the provisions of this
act shall apply:
1. To individual persons who commit any of the crimes
defined and punished under this act within the terrestrial
domain, interior waters, maritime zone, and airspace of
the Philippines;
2. To those who, although physically outside the
territorial limits of the Philippines, commit, conspire or
plot to commit any of the crimes defined and punished in
this act inside the territorial limits of the Philippines;
3. To those who, although physically outside the
territorial limits of the Philippines, commit any of the said
crimes on board Philippine ship or airship;
4. To those who commit any of the said crimes within any
embassy, consulate or diplomatic premises belonging to
or occupied by the Philippine Government in an official
capacity;
5. To those who, although physically outside the
territorial limits of the Philippines, commit said crimes
against Philippine citizens or persons of Philippine
descent, where their citizenship or ethnicity was a factor
in the commission of the crime;
 8. ANTI HI-JACKING LAW (RA 6235)
Approved: June 19, 1971
Acts Punishable
1. It shall be unlawful for any person to (Section 1):
a. compel a change in the course or destination of an
aircraft of Philippine registry
b. seize or usurp the control thereof, while it is in flight.
c. compel an aircraft of foreign registry to land in
Philippine territory
d. seize or usurp the control thereof while it is within the
said territory.
Penalty: Imprisonment of not less than twelve (12) years
but not more than twenty (20) years, or by a fine of not
less than twenty thousand (20,000) pesos but not more
than forty thousand (40,000) pesos.
Note: 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 (id.)
2. It shall be unlawful for any person to commit any of the
acts mentioned in no. (1) under any of the following
circumstances (Section 2):
a. whenever he has fired upon the pilot, member of the
crew or passenger of the aircraft;
b. whenever he has exploded or attempted to explode any
bomb or explosive to destroy the aircraft;
c. Whenever the crime is accompanied by murder,
homicide, serious physical injuries or rape.
Penalty: Imprisonment of fifteen years to death, or a fine
of not less than twenty-five thousand pesos but not more
than fifty thousand pesos
3. It shall be unlawful for any person, natural or juridical,
to ship, load or carry in any passenger aircraft operating
as a public utility within the Philippines, and explosive,
flammable, corrosive or poisonous substance or material
(Section 3).
Penalty: Imprisonment of at least five years but not more
than ten years or by a fine of not less than ten thousand
pesos but not more than twenty thousand pesos.
 9. LAW PENALIZING ILLEGAL  Other incendiary devices capable of producing
POSSESSION OF FIREARMS AND destructive effect on contiguous objects or
EXPLOSIVES (RA 8294) causing injury or death
Scope of unlicensed firearms – b. Any person who shall unlawfully tamper, change,
deface or erase the seria; number of any firearm
 Firearms with expired license, or
4. Any person who shall unlawfully repack, alter or
 Unauthorized use of licensed firearm in the
modify the composition of any lawfully
commission of the crime
manufactured explosives
Acts punished – PEOPLE v LADJAALAM 2000 No penalty for illegal
1. Unlawful manufacture, sale, acquisition or possession, it is absorbed in an offense which may carry
disposition of firearms and ammunitions a heavier penalty. Conviction for illegal possession may
be evaded on conviction for illegal possession by
2. Unlawful manufacture, sale, acquisition or committing lighter offense, like alarms and scandals.
disposition of explosives
Act What is the crime?
3. Tampering of firearm serial number
Illegal possession only – no
4. Repacking or altering the composition of lawfully other crime Illegal possession
manufactured explosives
Illegal possession is not a
5. Unauthorized issuance of authority to carry separate offense. It is not an
firearms or ammunitions outside of residence aggravating circumstance.
Other crimes, except murder Offender is free from charges
Possible Offenders – or homicide of illegal conviction

1. a. Any person who unlawfully manufacture, deal, Murder or homicide with a

acquire, dispose or possess any special aggravating
circumstance of illegal
 Low-powered firearm Murder or homicide possession
 Part of a firearm Rebellion or insurrection,
Rebellion or insurrection, sedition, or attempted coup
 Ammunition sedition, attempted, coup d’etat. Illegal possession is
 Machinery, tool or instrument used or intended d’etat absorbed as an element of it
to be used in the manufacture of any firearm or
ammunition
 Carrying of firearms outside ones residence
b. The owner, president, manager, director or other during Gun Ban, 2 crimes are committed –
responsible officer of any company who willfully, or
knowingly allow any of the firearms owned by it to be 1. Violation of PD 1866
used by any person found guilty of violating the
2. Violation of resolution on gun ban
provisions of this act without legal authority to be carried
outside of their residence in the course of employment  High powered firearm – those firearms with
firing capability of full automatic and by burst of two or
2. Any person who carries any licensed firearm
three.
outside his residence without legal authority to do
so  Possession of machinery, tools or instrument
used directly for manufacture of firearms and
3. a. Any person who unlawfully manufacture,
ammunitions gives rise to a presumption of illegal
assemble, deal, acquire, dispose or possess –
manufacture of it
 Hand grenades
 If crime is committed with the use of explosives,
 Rifle grenades detonation agents or incendiary device resulted to death
of any person – it is an aggravating circumstance
 Other explosives
 Ownership of the firearm or ammunition is not a Possession to convict one under PD 1866 – one where the
defense accused possessed a firearm either physically or
constructively with animus possidendi or intention to
PEOPLE v VERCHEZ June 15, 1994 Holding of
possess it.
firearm is illegal if there is no license or permit to hold the
same regardless of the period of possession. Control and
management of the firearm is immaterial.
PEOPLE v VILLANUEVA July 15, 1997 Burden of
proof is on prosecution. The following must be proved –
 Existence of the subject firearm
 Fact of ownership and possession of the accused
 No license or permit to possess the same
GONZALES v PEOPLE August 18, 1997 Retroactive
effect of a lower penalty.
PEOPLE v DELA ROSA Jan 16, 1998 Rodolfo’s
intentions was to turn over the ammunitions which is
owned by the NPA and denies possession of the same.
The essential elements of illegal possession of firearms
and exclusive are –
i. possess a firearm or explosives
ii. lacks authority or license to possess the
same
While mere possession without criminal intent is
sufficient to convict a person for illegal possession of
firearm, it must still be shown that there was animus
possidendi or an intent to possess on the part of the
accused. Criminal intent is the intent of the accused to
commit an offense with the use of an unlicensed firearm.
It is not an important element for the conviction under this
law. In order to be found guilty, it is sufficient that the
accused had no authority or license to possess and that he
intended to possess it even if the possession was made in
good faith and without criminal intent.
 Temporary, incidental, casual, or harmless
possession of firearms is not punishable.
Example is when a person picks up a weapon or
hands it to another to examine or hold for a
moment.
 Transient possession is not sufficient to convict
one. Example is on where the accused stole a
firearm and is in possession of the same when
arrested.
 Animus possidendi is a state of mind that may
be proven by prior and coetaneous acts of the
accused and the surrounding circumstances.
10. LAW ON TRAFFICKING IN PERSONS (RA
9208)
Acts that promote trafficking –
Acts covered –
1. To knowingly lease or sublease, use or allow
1. To recruit, transport, transfer; harbor, to be used any house, building or
provide, or receive a person by any means, establishment for the purpose of promoting
including those done under the pretext of trafficking in persons
domestic or overseas employment or training
2. To produce, print and issue or distribute
or apprenticeship, for the purpose of
unissued, tampered or fake counseling
prostitution, pornography, sexual
certificates, registration stickers and
exploitation, forced labor, slavery,
certificates of any government agency which
involuntary servitude or debt bondage
issues these certificates and stickers as proof
2. To introduce or match for money, profit, or of compliance with government regulatory
material, economic or other consideration, and pre-departure requirements for the
any person or, as provided for under Republic purpose of promoting trafficking in persons
Act No. 6955, any Filipino woman to a
3. To advertise, publish, print, broadcast or
foreign national, for marriage for the purpose
distribute, or cause the advertisement,
of acquiring, buying, offering, selling or
publication, printing, broadcasting or
trading him/her to engage in prostitution,
distribution by any means, including the use
pornography, sexual exploitation, forced
of information technology and the internet, of
labor, slavery, involuntary servitude or debt
any brochure, flyer, or any propaganda
bondage
material that promotes trafficking in persons
3. To offer or contract marriage, real or
4. To assist in the conduct of misrepresentation
simulated, for the purpose of acquiring,
or fraud for purposes of facilitating the
buying, offering, selling, or trading them to
acquisition of clearances and necessary exit
engage in prostitution, pornography, sexual
documents from government agencies that
exploitation, forced labor or slavery,
are mandated to provide pre-departure
involuntary servitude or debt bondage
registration and services for departing
4. To undertake or organize tours and travel persons for the purpose of promoting
plans consisting of tourism packages or trafficking in persons
activities for the purpose of utilizing and
5. To facilitate, assist or help in the exit and
offering persons for prostitution,
entry of persons from/to the country at
pornography or sexual exploitation
international and local airports, territorial
5. To maintain or hire a person to engage in boundaries and seaports who are in
prostitution or pornography possession of unissued, tampered or
fraudulent travel documents for the purpose
6. To adopt or facilitate the adoption of persons
of promoting trafficking in persons
for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, 6. To confiscate, conceal, or destroy the
involuntary servitude or debt bondage passport, travel documents, or personal
documents or belongings of trafficked
7. To recruit, hire, adopt, transport or abduct a
persons in furtherance of trafficking or to
person, by means of threat or use of force,
prevent them from leaving the country or
fraud, deceit, violence, coercion, or
seeking redress from the government or
intimidation for the purpose of removal or
appropriate agencies
sale of organs of said person and
7. To knowingly benefit from, financial or
8. To recruit, transport or adopt a child to
otherwise, or make use of, the labor or
engage in armed activities in the Philippines
services of a person held to a condition of
or abroad.
involuntary servitude, forced labor, or
slavery
 Who may file a complaint for trafficking?  Any person who buys or engages the
services of a trafficked person for
 Any person who has personal knowledge
prostitution is also penalized
of the commission of any offense which
includes –  A foreigner shall be deported after serving
his sentence and shall be permanently
i. Trafficked person
barred from entering the country
ii. Parents
 Trafficked person who institutes a
iii. Spouse separate civil action for the recovery of
civl damages – exempt from payment of
iv. Siblings docket fee
v. Children  All proceeds and properties derived from
vi. Legal guardian the commission of the crime shall be
forfeited in favor of the government
Venue
UNLESS – If it belongs to 3rd persons who are not liable
a. where the offense was for the unlawful act
committed
 Trafficked persons are recognized as
b. where any of the elements victim of trafficking and shall not be
occurred penalized for the crimes directly related to
trafficking.
c. where the trafficked person
actually resides at the time of  Consent of trafficked person is irrelevant
the commission of the offense

Prescriptive period
 Generally, 10 years from the day the
trafficked person is delivered or released
from the conditions of bondage
BUT – if committed by a syndicate or large scale, it is 20
years
 Interruption – filing of a complaint or
information
BUT – runs again when proceedings terminate without
the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to the
accused.
Trial proper
 A closed-door investigation, prosecutor or
trial may be order by the court after
considering all circumstances for the best
interest of the parties.
 If it is closed door – it is shall be unlawful
for any editor, publisher and reporter or
columnist in case of printed materials,
announcer or producer to cause publicity
of any case of trafficking
 Trafficking in persons – refers to the
recruitment, transportation, transfer, or
harboring, or receipt of persons with or
without the victim’s consent or
knowledge, within or across national
borders by means of threat or use of force,
or other forms of coercion, abduction,
fraud, deception, abuse of power or of
position, taking advantage of the
vulnerability of the person, or, the giving
or receiving of payments or benefits to
achieve the consent of a person having
control over another person for the
purpose of exploitation which includes at
a minimum, the exploitation or the
prostitution of others or other forms of
sexual exploitation, forced labor or
services, slavery, servitude or the removal
or sale of organs. It shall also involve any
of mean not set forth in the definition.
 Sex tourism - refers to a program
organized by travel and tourism-related
establishments and individuals which
consists of tourism packages or activities,
 utilizing and offering escort and sexual
services as enticement for tourists. This
includes sexual services and practices
offered during rest and recreation periods
for members of the military.
 Sexual exploitation - refers to
participation by a person in prostitution or
the production of pornographic materials
as a result of being subjected to a threat,
deception, coercion, abduction, force,
abuse of authority, debt bondage, fraud or
through abuse of a victim's vulnerability.
 11. DANGEROUS DRUGS ACT (RA 9165)
Title Five
CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS
Articles 190, 191, 192 and 193 – repealed by RA No.
6425 (Dangerous Drugs Act of 1972)
- Amended by PD No.
1683
- Further amended by
RA 7659
RA No. 9165 (Comprehensive Dangerous Drugs Act of
2002) – repealed RA No. 6425 and amended RA No. 7659
Limited Applicability
The provisions of the Revised Penal Code (Act 3814) shall
not apply to the provisions of RA 9165, except in the case
of minor offenders.
If the offender is a minor, the penalty for acts punishable
by life imprisonment to death shall be reclusion perpetua
to death.
Acts Punished by Comprehensive Dangerous Act of
2002
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 a 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, Apparatus
and Other Paraphernalia for Dangerous Drugs
10. Possession of Dangerous Drugs During Parties,
Social Gatherings or Meetings
11. Possession of Equipment, Instrument, Apparatus
and Other Paraphernalia for Dangerous 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
Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals
Any person who shall import or bring into the Philippines
any dangerous drug regardless of the quantity and purity
involved, including any and all species of opium poppy or
any part thereof or substances derived therefrom even for
floral, decorative and culinary purposes
PENALTY: Life Imprisonment to Death
FINE: 500k -10M pesos
Any person, who, unless authorized by law, shall import
any controlled precursor and essential chemical
PENALTY: 12 years imprisonment and one day to 20
years
FINE: 100k – 500k pesos
Any person, who, unless authorized under this Act, shall
import or bring into the Philippines any dangerous drug
and/or controlled precursor and essential chemical
through the use of a diplomatic passport, diplomatic
facilities or any other means involving his/her official
status intended to facilitate the unlawful entry of the same.
In addition, the diplomatic passport shall be confiscated
and canceled
PENALTY: maximum penalty
Any person, who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in
this Section
PENALTY: maximum penalty
Any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 100k – 500k pesos
Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals
Any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to another,
distribute dispatch in transit or transport any dangerous
drug, including any and all species of opium poppy
regardless of the quantity and purity involved, or shall act
as a broker in any of such transactions
PENALTY: life imprisonment to death
FINE: 500k -10M pesos
Any person, who, unless authorized by law, shall sell,
trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled
precursor and essential chemical, or shall act as a broker
in such transactions
PENALTY: 12 years imprisonment and one day to 20
years
FINE: 100k – 500k pesos
The sale, trading, administration, dispensation, delivery,
distribution or transportation of any dangerous drug
and/or controlled precursor and essential chemical
transpires within one hundred (100) meters from the
school
PENALTY: maximum penalty
Drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messengers, or in
any other capacity directly connected to the dangerous
drugs and/or controlled precursors and essential
chemical trade
PENALTY: maximum penalty
The victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous drug
and/or a controlled precursor and essential chemical
involved in any offense herein provided be the proximate
cause of death of a victim thereof
PENALTY: maximum penalty
Any person who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in
this Section
PENALTY: maximum penalty
Any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 100k – 500k pesos
Maintenance of a Den, Dive or Resort
Any person or group of persons who shall maintain a den,
dive or resort where any dangerous drug is used or sold
in any form
PENALTY: life imprisonment to death
FINE: 500k -10M pesos
Any person or group of persons who shall maintain a den,
dive, or resort where any controlled precursor and
essential chemical is used or sold in any form
PENALTY: 12 years imprisonment and one day to 20
years
FINE: 100k – 500k pesos
Every case where any dangerous drug is administered,
delivered or sold to a minor who is allowed to use the
same in such a place
PENALTY: maximum penalty
Any dangerous drug be the proximate cause of the death
of a person using the same in such den, dive or resort
(imposed on the maintainer, owner and/or operator)
PENALTY: Death
FINE: 1M – 15M pesos
If such den, dive or resort is owned by a third person, the
same shall be confiscated and escheated in favor of the
government: Provided, That the criminal complaint shall
specifically allege that such place is intentionally used in
the furtherance of the crime: Provided, further, That the
prosecution shall prove such intent on the part of the
owner to use the property for such purpose: Provided,
finally, That the owner shall be included as an accused in
the criminal complaint.
Any person who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in
this Section
PENALTY: maximum penalty
Any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 100k – 500k pesos
Employees and Visitors of a Den, Dive or Resort
Any employee of a den, dive or resort, who is aware of the
nature of the place as such
Any person who, not being included in the provisions of
the next preceding, paragraph, is aware of the nature of
the place as such and shall knowingly visit the same
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 100k – 500k pesos
Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals
Any person, who, unless authorized by law, shall engage
in the manufacture of any dangerous drug
PENALTY: life imprisonment to death
FINE: 500k -10M pesos
Any person, who, unless authorized by law, shall
manufacture any controlled precursor and essential
chemical
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 100k – 500k pesos
The presence of any controlled precursor and essential
chemical or laboratory equipment in the clandestine
laboratory is a prima facie proof of manufacture of any
dangerous drug. It shall be considered an aggravating
circumstance if the clandestine laboratory is undertaken
or established under the following circumstances:
(a) Any phase of the manufacturing process was
conducted in the presence or with the help of minor/s:
(b) Any phase or manufacturing process was established
or undertaken within one hundred (100) meters of a
residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected
with booby traps;
(d) Any clandestine laboratory was concealed with
legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer,
public official or foreigner
Any person, who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in
this Section
PENALTY: maximum penalty
Any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 100k – 500k pesos
Illegal Chemical Diversion of Controlled Precursors
and Essential Chemicals
Any person, who, unless authorized by law, shall illegally
divert any controlled precursor and essential chemical
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 100k – 500k pesos
Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous
Drugs and/or Controlled Precursors and Essential
Chemicals
Any person who shall deliver, possess with intent to
deliver, or manufacture with intent to deliver equipment,
instrument, apparatus and other paraphernalia for
dangerous drugs, knowing, or under circumstances where
one reasonably should know, that it will be used to plant,
propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and
essential chemical in violation of this Act
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 100k – 500k pesos
It will be used to inject, ingest, inhale or otherwise
introduce into the human body a dangerous drug in
violation of this Act
PENALTY: 6 months and one day to 4 years
imprisonment
FINE: 10k – 50k pesos
Any person, who uses a minor or a mentally incapacitated
individual to deliver such equipment, instrument,
apparatus and other paraphernalia for dangerous drugs
PENALTY: maximum penalty
Possession of Dangerous Drugs
Any person, who, unless authorized by law, shall possess
any dangerous drug in the following quantities,
regardless of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine
hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride
or "shabu";
(6) 10 grams or more of marijuana resin or marijuana
resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as,
but not limited to, methylenedioxymethamphetamine
(MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxyamphetamine
(GHB), and those similarly designed or newly introduced
drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section 93,
Article XI of this Act
PENALTY: life imprisonment to death
FINE: 500k -10M pesos
If the quantity involved is less than the foregoing
quantities;
If the quantity of methamphetamine hydrochloride or
"shabu" is ten (10) grams or more but less than fifty (50)
grams
PENALTY: Life imprisonment
FINE: 400k – 500k pesos
If the quantities of dangerous drugs are five (5) grams or
more but less than ten (10) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such
as, but not limited to, MDMA or "ecstasy", PMA, TMA,
LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or three hundred (300)
grams or more but less than five (hundred) 500) grams of
marijuana
PENALTY: 20 years and one day to Life
imprisonment
FINE: 400k – 500k pesos
If the quantities of dangerous drugs are less than five (5)
grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other
dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less
than three hundred (300) grams of marijuana
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 300k – 400k pesos
Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs
Any person, who, unless authorized by law, shall possess
or have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting,
or introducing any dangerous drug into the body:
Provided, That in the case of medical practitioners and
various professionals who are required to carry such
equipment, instrument, apparatus and other
paraphernalia in the practice of their profession, the
Board shall prescribe the necessary implementing
guidelines thereof
PENALTY: 6 months and one day to 4 years
imprisonment
FINE: 10k – 50k pesos
The possession of such equipment, instrument, apparatus
and other paraphernalia fit or intended for any of the
purposes enumerated in the preceding paragraph shall be
prima facie evidence that the possessor has smoked,
consumed, administered to himself/herself, injected,
ingested or used a dangerous drug and shall be presumed
to have violated Section 15 of this Act.
Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings
Any person found possessing any dangerous drug during
a party, or at a social gathering or meeting, or in the
proximate company of at least two (2) persons (regardless
of the quantity and purity of such dangerous drugs)
PENALTY: maximum penalty (Section 11)
Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs During
Parties, Social Gatherings or Meetings
Any person, who shall possess or have under his/her
control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming,
administering, injecting, ingesting, or introducing any
dangerous drug into the body, during parties, social
gatherings or meetings, or in the proximate company of
at least two (2) persons
PENALTY: maximum penalty (Section 12)
Use of Dangerous Drugs
A person apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a
confirmatory test
PENALTY: 6 months rehabilitation in a government
center for the first offense
If apprehended using any dangerous drug for the second
time
PENALTY: 6 years and one day to 12 years
imprisonment
FINE: 50k - 200k pesos
This Section shall not be applicable where the person
tested is also found to have in his/her possession such
quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions stated
therein shall apply
Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof
Any person, who shall plant, cultivate or culture
marijuana, opium poppy or any other plant regardless of
quantity, which is or may hereafter be classified as a
dangerous drug or as a source from which any dangerous
drug may be manufactured or derived: Provided, That in
the case of medical laboratories and medical research
centers which cultivate or culture marijuana, opium
poppy and other plants, or materials of such dangerous
drugs for medical experiments and research purposes, or
for the creation of new types of medicine, the Board shall
prescribe the necessary implementing guidelines for the
proper cultivation, culture, handling, experimentation and
disposal of such plants and materials
PENALTY: life imprisonment to death
FINE: 500k -10M pesos
The land or portions thereof and/or greenhouses on which
any of said plants is cultivated or cultured shall be
confiscated and escheated in favor of the State, unless the
owner thereof can prove lack of knowledge of such
cultivation or culture despite the exercise of due diligence
on his/her part. If the land involved is part of the public
domain, the maximum penalty provided for under this
Section shall be imposed upon the offender.
Any person, who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in
this Section
PENALTY: maximum penalty
Any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 100k – 500k pesos
Maintenance and Keeping of Original Records of
Transactions on Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals
Any practitioner, manufacturer, wholesaler, importer,
distributor, dealer or retailer who violates or fails to
comply with the maintenance and keeping of the original
records of transactions on any dangerous drug and/or
controlled precursor and essential chemical in
accordance with Section 40 of this Act
PENALTY: 1 year and one day to 6 years
imprisonment
FINE: 10k – 50k pesos
An additional penalty shall be imposed through the
revocation of the license to practice his/her profession, in
case of a practitioner, or of the business, in case of a
manufacturer, seller, importer, distributor, dealer or
retailer.
Unnecessary Prescription of Dangerous Drugs
The practitioner, who shall prescribe any dangerous drug
to any person whose physical or physiological condition
does not require the use or in the dosage prescribed
therein, as determined by the Board in consultation with
recognized competent experts who are authorized
representatives of professional organizations of
practitioners, particularly those who are involved in the
care of persons with severe pain
PENALTY: 12 years and one day to 20 years
imprisonment
FINE: 100k – 500k pesos
Additional penalty of the revocation of his/her license to
practice
Unlawful Prescription of Dangerous Drugs
Any person, who, unless authorized by law, shall make or
issue a prescription or any other writing purporting to be
a prescription for any dangerous drug
PENALTY: life imprisonment to death
FINE: 500k -10M pesos
DEFINITION OF TERMS
1. Administer – Any act of introducing any
dangerous drug into the body of any person, with
or without his/her knowledge, by injection,
inhalation, ingestion or other means, or of
committing any act of indispensable assistance to
a person in administering a dangerous drug to
himself/herself unless administered by a duly
licensed practitioner for purposes of medication
2. Chemical Diversion – The sale, distribution,
supply or transport of legitimately imported, in-
transit, manufactured or procured controlled
precursors and essential chemicals, in diluted,
mixtures or in concentrated form, to any person
or entity engaged in the manufacture of any
dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment
of such transaction through fraud, destruction of
documents, fraudulent use of permits,
misdeclaration, use of front companies or mail
fraud
3. Clandestine Laboratory – Any facility used for
the illegal manufacture of any dangerous drug
and/or controlled precursor and essential
chemical
4. Controlled Precursors and Essential
Chemicals – Include those listed in Tables I and
II of the 1988 UN Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances
5. Cultivate or Culture – Any act of knowingly
planting, growing, raising, or permitting the
planting, growing or raising of any plant which is
the source of a dangerous drug
6. Dangerous Drugs – Include those listed in the
Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by
the 1972 Protocol, and in the Schedules annexed
to the 1971 Single Convention on Psychotropic
Substances
7. Deliver – Any act of knowingly passing a
dangerous drug to another, personally or
otherwise, and by any means, with or without
consideration
8. Den, Dive or Resort – A place where any
dangerous drug and/or controlled precursor and
essential chemical is administered, delivered,
stored for illegal purposes, distributed, sold or
used in any form
9. Dispense – Any act of giving away, selling or
distributing medicine or any dangerous drug with
or without the use of prescription
10. Employee of Den, Dive or Resort – The
caretaker, helper, watchman, lookout, and other
persons working in the den, dive or resort,
employed by the maintainer, owner and/or
operator where any dangerous drug and/or
controlled precursor and essential chemical is
administered, delivered, distributed, sold or used,
with or without compensation, in connection with
the operation thereof
11. Financier – Any person who pays for, raises or
supplies money for, or underwrites any of the
illegal activities prescribed under this Act
12. Illegal Trafficking – The illegal cultivation,
culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation,
distribution, importation, exportation and
possession of any dangerous drug and/or
controlled precursor and essential chemical
13. Manufacture – The production, preparation,
compounding or processing of any dangerous
drug and/or controlled precursor and essential
chemical, either directly or indirectly or by
extraction from substances of natural origin, or
independently by means of chemical synthesis or
by a combination of extraction and chemical
synthesis, and shall include any packaging or
repackaging of such substances, design or
configuration of its form, or labeling or relabeling
of its container; except that such terms do not
include the preparation, compounding, packaging
or labeling of a drug or other substances by a duly
authorized practitioner as an incident to his/her
administration or dispensation of such drug or
substance in the course of his/her professional
practice including research, teaching and
chemical analysis of dangerous drugs or such
substances that are not intended for sale or for any
other purpose
14. Cannabis or commonly known as
"Marijuana" or "Indian Hemp" or by its any
other name – Embraces every kind, class, genus,
or specie of the plant Cannabis sativa L.
including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and
ganjab, and embraces every kind, class and
character of marijuana, whether dried or fresh and
flowering, flowering or fruiting tops, or any part
or portion of the plant and seeds thereof, and all
its geographic varieties, whether as a reefer, resin,
extract, tincture or in any form whatsoever
15. Methylenedioxymethamphetamine (MDMA)
or commonly known as "Ecstasy", or by its
any other name – Refers to the drug having such
chemical composition, including any of its
isomers or derivatives in any form
16. Methamphetamine Hydrochloride or
commonly known as "Shabu", "Ice", "Meth",
or by its any other name – Refers to the drug
having such chemical composition, including any
of its isomers or derivatives in any form
17. Opium – Refers to the coagulated juice of the
opium poppy (Papaver somniferum L.) and
embraces every kind, class and character of
opium, whether crude or prepared; the ashes or
refuse of the same; narcotic preparations thereof
or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any
alkaloid of opium enters as an ingredient; opium
poppy; opium poppy straw; and leaves or
wrappings of opium leaves, whether prepared for
use or not
18. Opium Poppy – Refers to any part of the plant of
the species Papaver somniferum L., Papaver
setigerum DC, Papaver orientale, Papaver
bracteatum and Papaver rhoeas, which includes
the seeds, straws, branches, leaves or any part
thereof, or substances derived therefrom, even for
floral, decorative and culinary purposes
19. Planting of Evidence – The willful act by any
person of maliciously and surreptitiously
inserting, placing, adding or attaching directly or
indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or
controlled precursor and essential chemical in the
person, house, effects or in the immediate vicinity
of an innocent individual for the purpose of
implicating, incriminating or imputing the
commission of any violation of this Act
20. Practitioner – Any person who is a licensed
physician, dentist, chemist, medical technologist,
nurse, midwife, veterinarian or pharmacist in the
Philippines
21. Protector/Coddler – Any person who
knowingly and willfully consents to the unlawful
acts provided for in this Act and uses his/her
influence, power or position in shielding,
harboring, screening or facilitating the escape of
any person he/she knows, or has reasonable
grounds to believe on or suspects, has violated the
provisions of this Act in order to prevent the
arrest, prosecution and conviction of the violator
22. Pusher – Any person who sells, trades,
administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes,
dispatches in transit or transports dangerous
drugs or who acts as a broker in any of such
transactions, in violation of this Act
 23. Sell – Any act of giving away any dangerous drug
and/or controlled precursor and essential
chemical whether for money or any other
consideration
24. Trading – Transactions involving the illegal
trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using
electronic devices such as, but not limited to, text
messages, email, mobile or landlines, two-way
radios, internet, instant messengers and chat
rooms or acting as a broker in any of such
transactions whether for money or any other
consideration in violation of this Act
25. Use – Any act of injecting, intravenously or
intramuscularly, of consuming, either by
chewing, smoking, sniffing, eating, swallowing,
drinking or otherwise introducing into the
physiological system of the body, and of the
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 or Presidential Decree No. 968, as
amended.
Notwithstanding the provisions of any 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 Revised Penal Code shall be
applicable.
Any attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same as provided
under this Act:
(a) Importation of any dangerous drug and/or controlled
precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous drug
and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled
precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of
dangerous drugs
Any public officer or employee who misappropriates,
misapplies or fails to account for confiscated, seized or
surrendered dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment
including the proceeds or properties obtained from the
unlawful acts as provided for in this Act
PENALTY: life imprisonment to death
FINE: 500k -10M pesos
In addition, absolute perpetual disqualification from any
public office.
Any elective local or national official found to have
benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or
donations from natural or juridical persons found guilty
of trafficking dangerous drugs as prescribed in this Act,
shall be removed from office and perpetually disqualified
from holding any elective or appointive positions in the
government, its divisions, subdivisions, and
intermediaries, including government-owned or –
controlled corporations
Any person who is found guilty of "planting" any
dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and purity
PENALTY: death
Any alien who violates such provisions of this Act
PENALTY: deportation after service of sentence
(unless the penalty is death)
Any parent, spouse or guardian who, without valid
reason, refuses to cooperate with the Board or any
concerned agency in the treatment and rehabilitation of a
drug dependent who is a minor, or in any manner,
prevents or delays the after-care, follow-up or other
programs for the welfare of the accused drug dependent,
whether under voluntary submission program or
compulsory submission program, may be cited for
contempt by the court.
In importation of dangerous drugs, there must be proof
that the ship came from a foreign port.
Possession of opium on board a vessel is punishable when
Philippine port is its destination.
To prosecute an accused for selling illegal drugs, the
prosecution has to prove (1) the identities of the buyer
and the seller, the object and the consideration; and (2)
the delivery of the thing sold and the payment for it.
For an accused to be convicted of possession of illegal
drugs the prosecution is required to prove that (1) the
accused was in possession of prohibited drug; (2) such
possession is not authorized by law; (3) the accused
freely and consciously possessed the prohibited drug.
The state has to prove in both instances the corpus delicti
or the body of the crime.
It must be shown that the suspected substance the police
officers seized from the accused is the same thing
presented in court during the trial.
 12. ARSON (PD 1613)
“ARSON,” Penalties.
Arson. Any person who burns or sets fire to the
property of another shall be punished by Prision Mayor.
The same penalty shall be imposed when a person
sets fire to his own property under circumstances which
expose to danger the life or property of another. (Sec. 1)
“DESTRUCTIVE ARSON,” Penalties.
Destructive Arson. The penalty of Reclusion
Temporal in its maximum period to Reclusion Perpetua
shall be imposed if the property burned is any of the
following:
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.
5. Any building where evidence is kept for use in
any legislative, judicial, administrative or other
official proceedings.
6. Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building.
7. Any building, whether used as a dwelling or not,
situated in a populated or congested area. (Sec. 2)
“OTHER CASES OF ARSON,” Penalties.
Other Cases of Arson. The penalty of Reclusion
Temporal to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1. Any building used as offices of the government
or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well
or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop,
grain field, orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill
central; and
6. Any railway or bus station, airport, wharf or
warehouse. (Sec. 3)
SPECIAL AGGRAVATING CIRCUMSTANCES IN
ARSON
The penalty in any case of arson shall be imposed
in its maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred
towards the owner or occupant of the
property burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if it is
planned or carried out by a group of three (3) or more
persons. (Sec. 4)
WHERE DEATH RESULTS FROM ARSON
If by reason of or on the occasion of the arson
death results, the penalty of Reclusion Perpetua to death
shall be imposed. (Sec. 5)
PRIMA FACIE EVIDENCE OF ARSON
Any of the following circumstances shall
constitute prima facie evidence of arson:
1. If the fire started simultaneously in more than one
part of the building or establishment.
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.
5. 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.
6. 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.
7. 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.
(Sec. 6)
CONSPIRACY TO COMMIT ARSON
Conspiracy to commit arson shall be punished by
Prision Mayor in its minimum period. (Sec. 7)
CONFISCATION OF OBJECT OF ARSON
The building which is the object of arson
including the land on which it is situated shall be
confiscated and escheated to the State, unless the owner
thereof can prove that he has no participation in nor
knowledge of such arson despite the exercise of due
diligence on his part. (Sec. 8)