Special Penal Laws

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criminology

Special Penal Laws




Special Penal Laws






BP 22 - Anti-Bouncing Checks Law - The gravamen of BP 22 is the
issuance of a check.

Commonwealth Act No.142 (Regulating the Use of Aliases) - No person
shall use any name different from the one with which he was
registered at birth in the office of the local civil registry, or
with which he was registered in the bureau of immigration upon entry;
or such substitute name as may have been authorized by a competent
court.

Gambling - any game of chance or scheme, whether upon chance or skill,
wherein wagers consisting of money, articles or value or representative
or value are at stake or made.

Betting - betting money or any object or article of value or
representative of value upon the result of any game, races and other
sport contests.

Game-Fixing - any arrangement, combinations, scheme or agreement by
which the result of any game, races or sport contests shall be
predicated and/or known other than on the basis of the honest playing
skill or ability of the players or participants.

Game Machination - any other fraudulent, deceitful, unfair or
dishonest means, methods, manner or practice employed for the
purpose of influencing the result of any game, races or sports
contest.

Point-Shaving - any such arrangement, combination, scheme or
agreement by which the skill of ability of any player or participant
in a game, races or sports contests to make points or scores
shall be limited deliberately in order to influence the result
thereof in favor one or the other team, player or participant therein.

Presidential Decree NO. 46 - Prohibits giving and acceptance of gifts
by a public officer or to a public officer, even during anniversary, or
when there is an occasion like Christmas, New Year, or any gift-giving
anniversary. Both giver and receiver are punished. The giving of a
party is also punishable and is not limited to the public officer
only but also to any member of his family.

Presidential Decree No. 449 (The Cockfighting Law of 1974) - Only allows
one cockpit per municipality, unless the population exceeds 100,000 in
which case two cockpits may be established; Cockfights can only be
held in licensed cockpits on Sundays and legal holidays and local
fiestas for not more than three days;

PD No.532 - (The Anti - Piracy and Anti-Highway Robbery Law of 1974)
Was issued in August 1974, punishing piracy, but not mutiny,
in Philippine territorial waters.

PD 533 Anti-Cattle Rustling Law - Cattle rustling - taking away by
means,methods or schemes, without the consent of the owner/raiser, of
any large cattle whether or not for profit, or whether committed with
or without violence against or intimidation of person or force upon
things. It includes killing of large cattle, taking its meat or hide
without the consent of owner/raiser.

PD 704 Illegal Fishing

Presidential Decree NO.749 - Givers of bribes and other gifts as well
as accomplices in bribery and violations of the Anti-graft and
Corrupt Practices Act are immune from prosecution under the following
circumstances:
a. information refers to consummated violations
b. necessity of the information or testimony
c. the information and testimony are not yet in the possession of the
State
d. information and testimony can be corroborated on its material points.
e. informant has been previously convicted of a crime involving
moral turpitude

PD 1069 - (The Philippine Extradition Law)

PD 1563 Mendicancy Law Of 1978 - A mendicant refers to any person who
has no visible and legal means of support, or lawful employment and
who is physically able to work but neglects to apply himself to some
lawful calling and instead uses begging as a means of living.

PD 1612: Anti-Fencing Law
Fencing - the act of any person who, with intent to gain for
himself or for another, shall buy, receive, keep, acquire, conceal,
sell, or dispose of, or shall buy an d sell or in any other
manner deal in any article, item, object, or anything of value
which he knows, or should be known to him, to have been derived
from the proceeds of the crime of robbery or theft.

PD 1613 - Destructive Arson

RA 75 - also punishes using the use of uniform, decoration or regalia
of a foreign state by people not entitled to do so.

RA 493 - punishes wearing an insignia, badge, or emblem of rank of the
members of the AFP or constabulary.

RA 947 - punishes entering or occupying public agricultural land
including lands granted to private individuals.

RA NO. 3019 (Anti-Graft And Corrupt Practices Act) - Persons Liable:
1.Any public officer who, by himself or in connivance with members of
his family, relatives by affinity or consanguinity, business associates
and subordinates or other persons, amasses, accumulates, or acquires ill-
gotten wealth through a combination or series of overt or criminal acts as
described under (I) in the aggregate amount or total value of at least 50
million pesos, shall be guilty of the crime of plunder (as amended by RA
7659).
2.Any person who participated with the said public officer in the
commission of plunder.

RA NO. 1379 (Forfeiture Of Ill-Gotten Wealth) - If the public officer
is found to have amassed wealth out of proportion to his legitimate
income, the said wealth will be forfeited in favor of the government.

RA 4200 - (Anti-Wiretapping Law) It shall be unlawful for any person,
not being authorized by all the parties to any private communication
or spoken word, to tap any wire or cable, or by using any other device
or arrangement, to secretly overhear, intercept, or record such
communication or spoken word by using a device commonly known as a
dictaphone or dictagraph or dictaphone or walkie-talkie or tape
recorder, or however otherwise described.

Republic Act No. 6235 (The Anti Hi-jacking Law) - is another kind of
piracy which is committed in an aircraft. In other countries, this
crime is known as aircraft piracy.

RA 6713: Code Of Conduct And Ethical Standards For Public
Officials And Employees

Conflict of interest - arises when a public official or employee
is a member of a board, an officer, or a substantial stockholder
of a private corporation or owner or has a substantial interest
in a business, and the interest of such corporation or business,
or his rights or duties therein, may be opposed to or affected by
the faithful performance of official duty.

Divestment - is the transfer of title or disposal of interest in
property by voluntarily, completely and actually depriving or
dispossessing oneself of his right or title to it in favor of a
person or persons other than his spouse and relatives as defined
in this Act.

RA NO. 7080 (Anti-plunder Act)

RA 7438 - Rights Of Persons Arrested, Detained, Or Under Custodial
Investigation; Duties Of Public Officers.
1. Be informed, in a language known to and understood by him,
of his rights to remain silent and to have competent and
independent counsel.
2. Be assisted by counsel at all times. Preferably of his own
choice.
3. Be visited by or have conferences with Any member of his
immediate family.

Republic Act No. 7610 Special Protection Of Children Against Child Abuse,
Exploitation And Discrimination Act.


Republic Act No. 7659 - An Act To Impose The Death Penalty On Certain
Heinous Crimes, Amending For That Purpose The Revised Penal Code,
As Amended, Other Special Penal Laws, And For Other Purposes)

RA 7877 - Anti-Sexual Harassment Act Of 1995


Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002)
What are the unlawful acts defined and punished?
- Importation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemical (Section 4)
- Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals (Section 5)
- Maintenance of a Den, Dive or Resort. (Section 6)
- Employees and Visitors of a Den, Dive or Resort (Section 7)
- Manufacture of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals (Section 8)
- Illegal Chemical Diversion of Controlled Precursors and
Essential Chemicals. (Section 9)
- Manufacture or Delivery of Equipment, Instrument, Apparatus,
and Other Paraphernalia for Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. (Section 10)
- Possession of Dangerous Drugs (Section 11)
- Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs (Section 12)
- Possession of Dangerous Drugs During Parties, Social Gatherings
or Meetings (Section 13)
- Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social
Gatherings or Meetings (Section 14)
- Use of Dangerous Drugs (Section 15)
- Cultivation or Culture of Plants Classified as Dangerous Drugs
or are Sources Thereof. (Section 16)
- Maintenance and Keeping of Original Records of Transactions
on Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals (Section 17)
- Unnecessary Prescription of Dangerous Drugs (Section 18)
- Unlawful Prescription of Dangerous Drugs (Section 19)

PDEA - is the Philippine Drug Enforcement Agency It serves as
the implementing arm of the Dangerous Drugs Board.

Republic Act No. 8049 The Anti-Hazing Law
Hazing - This is any initiation rite or practice which is a
prerequisite for admission into membership in a fraternity or
sorority or any organization which places the neophyte or
applicant in some embarrassing or humiliating situations or
otherwise subjecting him to physical or psychological suffering
of injury. These do not include any physical, mental, psychological
testing and training procedure and practice to determine and
enhance the physical and psychological fitness of the prospective
regular members of the below.

RA 8353 - An Act Expanding The Definition Of The Crime Of Rape,
Reclassifying The Same As A Crime Against Persons.

RA 9208 - Anti-Trafficking Of Persons Act Of 2003

RA 9231 - Anti-Child Labor Act Of 2003