Criminal Law 2 Post-Midterms Special Laws Special Law Elements Filed together with equivalent RPC provision/s?

To tap any wire or cable No. There exists no To use any other device or arrangement to equivalent provision in the secretly overhear, intercept or record such RPC. communication by using a device known as dictaphone, dictagraph, detectaphone, walkie-talkie or tape-recorder. To knowingly possess any tape/wire or disc record, or copies of any communication or spoken word To replay the same for any person or persons To communicate the contents thereof, verbally or in writing To furnish transcriptions thereof, whether complete or partial Acts Punished

R.A. 4200

1. 2.

3.

4. 5. 6.

Exceptions 1. When a peace officer is authorized by written order from the court. 2. Any recording, communication or spoken word obtained in violation of the provisions of this Act INADMISSIBLE IN EVIDENCE IN ANY JUDICIAL, QUASI-JUDICIAL OR ADMINISTRATIVE HEARING OR INVESTIGATION. R.A. 6968 1. There is a public uprising and taking arms against the government; 2. The purpose of the uprising or No. It is the current incarnation of Art. 134.

R.A. 8294

1. 2.

3.

4. 5.

6.

7.

movement is a. To remove from the allegiance to the government or its laws the Philippine territory or any part thereof, or any body of land, naval, or other armed forces; or b. b. To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives. Tampering of firearms serial number Repacking or altering the composition of lawfully manufactured explosives Unauthorized issuance of authority to carry firearm and/or ammunition outside of residence Illegal possession of firearms in general Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or instruments used or intended to be used in the manufacture of firearms of ammunition (Acts punished) Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an Explosive or Incendiary Device Unlawful Manufacture, Sales, Acquisition, Disposition,

1. First Act Yes and no. A. Offender is any person If an unlicensed B. Such person unlawfully tampers, changes, firearm is used in defaces, or erases the serial number of the the commission of firearm any crime, there C. Such firearm is any firearm can be no separate 2. Second Act offense of simple A. Offender is any person illegal possession B. Such person unlawfully repacks, alters or of firearms. modifies the composition of explosives if the other crime C. Such explosives are lawfully manufactured is murder or 3. Third Act homicide, illegal A. Offender is any person, civilian or military possession of B. Such person issues to another person firearms becomes authority to carry firearm and/or ammunition merely an outside of such other persons residence aggravating C. Offender has no authority to do so circumstance, not a 4. Fourth Act separate offense. A. the existence of the subject firearm B. the fact that the accused who owned or possessed the firearm does not have the corresponding license or permit to possess the same

Importation or Possession of a 5. Fifth Act Part, Ingredient, Machinery, Tool A. any person who shall unlawfully manufacture, or Instrument Used or Intended to deal in, acquire, dispose, or possess any low be Used for the Manufacture, powered firearm, such as rimfire handgun, .380 or Construction, Assembly, Delivery .32 and other firearm of similar firepower, part of or Detonation firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition (Provided no other crime was committed) B. if the firearm is classified as high powered firearm which includes those with bores bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful such as caliber .357 and caliber .22 center-fire magnum and other firearms with firing capability of full automatic and by burst of two or three (Provided no other crime was committed) C. If homicide or murder is committed with the use of an unlicensed firearm (aggravating circumstance) D. in furtherance of, or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d'etat (absorbed in the said crime) E. the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms

without any legal authority to be carried outside of their residence in the course of their employment. (same penalty as persons liable under the preceding paragraphs) F. any person who shall carry any licensed firearm outside his residence without legal authority therefor (arresto mayor) 6. Sixth Act A. Offender is any person B. Such person Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an Explosive or Incendiary Device C. There is animus possidendi and such possession or control is not for the sole purpose of surrendering it to the proper authorities D. He does so with knowledge of its existence and its explosive or incendiary character E. Such explosive or incendiary device is capable of producing destructive effect on contiguous objects or causing injury or death to any person 7. Seventh Act A. Offender is any person B. He willfully and unlawfully manufactures, assembles, deals in, acquires, disposes, imports or possesses any part, ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical, mechanical, electronic, electrical or otherwise C. Such part, ingredient, machinery, tool or instrument is used or intended to be used by that person for its manufacture, construction, assembly, delivery or detonation D. Such person has knowledge of its existence or character as part, ingredient, machinery, tool or

instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device E. Such explosive or incendiary device is capable or is intended to be made capable of producing destructive effect on contiguous objects or causing injury or death to any person F. There is animus possidendi and such possession or control is not for the sole purpose of surrendering it to the proper authorities E.O. 272 1. Offender is a public officer or employee; 2. He detains a person for some legal ground; 3. He fails to deliver such person to the proper judicial authorities within a. 12 hours for light penalties; b. 18 hours for correctional penalties; and c. 36 hours for afflictive or capital penalties No. E.O. 272 amended Article 125 of the RPC.

R.A. 7438

1. Failing to inform any person arrested, detained or Yes. Acts punished do not under custodial investigation of his right to remain fall under those in the RPC. silent and to have competent and independent counsel preferably of his own choice (Arresting public officer or employee, or any investigating officer). 2. Failing to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel (Public officer or employee, or anyone acting upon orders of such investigating

P.D. 647

officer or in his place). 3. Obstructing, preventing or prohibiting any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, or from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases That it shall be unlawful for any person to willfully deface, mutilate, tear, burn or destroy, in any manner whatsoever, currency notes and coins issued by the Central Bank of the Philippines

Yes. It can be filed in conjunction with Art. 164 of the RPC. Different elements.

C.A. 142

R.A. 75

Penalty - That any person who shall violate this Decree shall, upon conviction, be punished by a fine of not more than twenty thousand pesos and/or by imprisonment of not more than five years. Employing a name other than: No. The equivalent RPC 1. That with which a person has been registered provision punishes the at birth in the office of the LCR same act. 2. That with which he was baptized 3. In case of an alien: that with which he was registered in the BI upon entry 4. Any such substitute name as may have been authorized in a competent court (or the LCR) 5. In the act of: 1. Representing himself in a transaction 2. Signing or executing any document Without stating or affixing all names he is authorized to use 1. Any person, who with intent to deceive or

mislead, within the jurisdiction of the Republic, wears any naval, military, police, or other official uniform, decoration, or regalia of any foreign State, nation or government with which the Republic of the Philippines is at peace, or any uniform, decoration or regalia so nearly resembling the same as to be calculated to deceive, unless such wearing thereof be authorized by such State, nation, or government 2. Any person who shall falsely assume and take upon himself to act as a diplomatic, consular, or any other official of a foreign government duly accredited as such to the Government of the Republic of the Philippines with intent to defraud such foreign government or the Government of the Philippines, or any person, or in such pretended character shall demand or obtain, or attempt to obtain from person or from said foreign government or the Government of the Philippines, or from any officer thereof, any money, paper, document, or other thing, of value 3. Any person, other than a diplomatic or consular officer or attach, who shall act in the Republic of the Philippines as an agent of a foreign government without prior notification to, and registration with, the Secretary of Foreign Affairs 4. Any person who assaults, strikes, wounds, imprisons or in any other manner offers violence to the person of an ambassador or a public minister, in violation of the law of nations

5. Any writ or process issued out or prosecuted* by any person in any court of the Republic of the Philippines, or by any judge or justice, whereby the person of any ambassador or public minister of any foreign State, or any domestic servant of any such ambassador or minister, authorized and received as such by the President, is arrested or imprisoned, or his goods or chattels are distrained, seized, or attached. *Not applicable when: 1. The person against whom the process is issued is a citizen or inhabitant of the Republic of the Philippines, in the service of an ambassador or a public minister, and the process is founded upon a debt contracted before he entered upon such service; 2. The person against whom the process is issued is a domestic servant of an ambassador or a public minister, unless the name of the servant has, before the issuing thereof, been registered in the Department of Foreign Affairs, and transmitted by the Secretary of Foreign Affairs to the Chief of Police of the City of Manila, who shall upon receipt thereof post the same in some public place in his office. ACT NO. 1 1. any person or association or persons not in the service of the Armed Forces of the Philippines of the Philippine Constabulary 2. to use, or confer upon himself or another who is not in the service of the said Armed

R.A. 493

Forces or Constabulary, any military or naval grade or title 3. The military or naval grade or title is, or may hereafter be, prescribed by laws and regulations for the use of the Armed Forces or Constabulary Exceptions: (a) All veterans of any war when recognized by the Philippine or United States Government and only for the ranks for which they are recognized; (b) Commissioned officers and personnel, retired or in active duty, of the Bureau of Coast and Geodetic Survey, of the quarantine service, and of the customs service; (c) Commissioned and enlisted reservists including recognized guerrilla officers on inactive status when using their authorized grades for a purely military purposes; (d) Trainees in the Armed Forces while undergoing any period of trainee instruction pursuant to law. Penalties (ACT NO. 1) 1. a fine of not less than P2000 and not exceeding P500 or 2. by imprisonment for not less than 2 years and not exceeding 5 years, or both. ACT NO. 2 1. any person not in the service of the Armed Forces of the Philippines or the Philippine Constabulary,

2. to use or wear the duly prescribed insignia, badge or emblem or rank of the members of the Armed Forces of the Philippines or the Philippine Constabulary, or any colorable imitation thereof: Provided, Exceptions: (a) any person from using or wearing any military or naval insignia, badge or emblem of rank in any play-house or theater or in movingpicture films while actually engaged in representing therein a military or naval character not tending to bring discredit or reproach upon the Armed Forces of the Philippines, the Philippine Constabulary or the Bureau of Coast and Geodetic Survey: Provided, further, That the use or wearing of any military or naval insignia, badge or emblem of rank while engaged in representing a military or naval character as hereinabove described, shall be subject to supervision and regulation by the Secretary of National Defense. The phrase "duly prescribed insignia, badge or emblem of rank" shall, for the purpose of this Act, mean any insignia, badge or emblem of rank which is, or may hereafter be, prescribed by Congress, the Secretary of National Defense or the Chief of Constabulary. (b) those excluded from the prohibition in section one of this Act (Act No. 1) Penalties (ACT NO. 2) 1. a fine of not less than P100 and not exceeding

P2000, or 2. by imprisonment for not less than 1 month and not exceeding 2 years, or both ACT NO. 3 1. the use, wearing, manufacture and sale of any medal or decoration, badge, insignia, patch, or identification card 2. the medal or decoration, badge, insignia, patch, or identification card has been, or may hereafter be, authorized by Congress or prescribed or awarded by the President of the Philippines or the Secretary of National Defense for the members of the Armed Forces of the Philippines, or any colorable imitation thereof, is prohibited, Exceptions: 1. When authorized under such regulations as the Secretary of National Defense shall prescribe. Penalties (ACT NO. 3) 1. a fine of not less than P100 and not exceeding P2000, or 2. by imprisonment for not less than 1 month and not exceeding 2 years, or both 1. Information affecting national defense (Sections 1-2): o Unlawfully obtaining or permitting to be obtained: Going upon, entering, flying over or obtaining information to any place connected with the national defense

C.A. 616

Yes. CA 616 just covers more offenses because of the technological advances made during the time between the two laws.

Copying, taking, making or attempting or inducing or aiding another to copy, take, make or obtain any sketch, photograph, photographic negative, blueprint, plan, map, instrument, appliance, document, writing of anything connected with the national defense Receiving or obtaining or agreeing or attempting or inducing or aiding another to receive or obtaining from any sources anything connected with the national defense Communicating or transmitting or attempting to communicate or transmit to any person not entitled to receive anything connected with the national defense, or willfully retaining and failing to deliver it on demand to any officer or employee entitled to receive it Permitting, through gross negligence, to be removed from its proper place or custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted or destroyed anything connected with the national defense Unlawful disclosing Communicating, delivering or

transmitting or attempting or aiding or inducing another to do so, anything connected with the national defense, to any foreign government (or citizen) In time of war, by collecting, recording, publishing or communicating or attempting to elicit any information with respect to the movement, number, description, condition, or disposition of any armed forces, ships, aircraft, or war materials 2. Disloyal acts or words (Secs. 3-4): o In time of peace Advising, counseling, urging or in any other manner by causing insubordination, disloyalty, mutiny or refusal of duty of any member of the military, naval or air forces of the Philippines By distributing any written or printed matter which advises, counsel, or urges such insubordination, disloyalty, mutiny, or refusal of duty o In time of war By willfully making or conveying false reports or false statements with intent to interfere with the operation or success or the Armed Forces of the Philippines To promote the success of its enemies, by willfully causing or

attempting to cause insubordination, disloyalty, mutiny or refusal of duty in the Armed Forces of the Philippines By willfully obstructing the recruiting or enlistment service 3. Conspiracy to violate preceding sections (Sec. 5): o When two or more persons conspire to violate the provisions of Sections 1-4, and one or more of such persons do any act to effect the object of the conspiracy 4. Harboring or concealing violators of the law (Sec. 6): o When the offender knows that a person has committed or is about to commit an offense under this Act, and the offender harbors or conceals such person 5. Prohibited places (Secs. 8-10): o Making any photograph, sketch, picture, drawing, map, or graphical representation of a prohibited place without prior permission of the commanding officer or higher authority of the prohibited place, and promptly submitting the product obtained for censorship or such action o Any person who uses, permits, or procures the use of an aircraft for the purpose of violating the previous item o Reproducing, publishing, selling, or giving away of the photograph, sketch, etc. without first obtaining the permission of the commanding officer or higher authority, unless the photograph, sketch, etc. has clearly indicated thereon that it

has been censored 6. War material (Secs. 11-12): o Any person, during wartime, with intent to injure, interfere with, or obstruct the Philippines or any associate nation preparing for or carrying on the war, by destroying or attempting to injure or destroy war material o Any person, during wartime, who makes or causes to be made in a defective manner any war material 7. National defense material (Secs. 13-14): o Any person with intent to injure, interfere with, or obstruct the national defense, who injures or destroys any national defense material, premises, or utilities o Any person who makes or causes to be made in a defective manner, or attempts to make or cause to be made in a defective manner any national defense material, premises, or utilities R.A. 6235 1. Usurping or seizing control of an aircraft of No. The special law has no Philippine registry while it is in flight, compelling equivalent in the RPC. the pilots thereof to change the course or destination of the aircraft; 2. Usurping or seizing control of an aircraft of foreign registry while within Philippine territory, compelling the pilots thereof to land in any part of Philippine territory; 3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive, or poisonous substance; and

4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, explosive, or poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter. R.A. 9372 1. The offender commits an act punishable under any of the following provisions of the RPC and special laws: 1. Art. 122 (Piracy in general and Mutiny in the High Seas or in the Philippine Waters) 2. Art. 134 (Rebellion or Insurrection) 3. Art. 134-A (Coup dEtat), including acts committed by private persons; 4. Art. 248 (Murder) 5. Art. 267 (Kidnapping and Serious Illegal Detention) 6. Art. 324 (Crimes Involving Destruction) 7. RA 5207 (Atomic Energy Regulatory and Liability Act of 1968) 8. RA 6235 (AntiHijacking Law) 9. PD 532 (Anti-Piracy and Anti-Highway No. When a person has been prosecuted upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a bar (Sec. 49).

Robbery Law of 1974) 10. PD 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives) 2. The commission of the predicate crime sows and creates a condition of widespread and extraordinary fear and panic among the populace; and 3. The offender is actuated by the desire to coerce the government to give in to an unlawful demand Penalty: 40 years imprisonment without benefit of parole.