Memory Aid for Special Penal Laws

(Finals)
It is deemed to be committed by a syndicate if it
carried out by a group of 3 or more persons
conspiring or confederating with one another.

R.A. 9775: ANTI-CHILD PORNOGRAPHY LAW

-

Child Pornography:
Refers to any representation whether visual,
audio or written combination thereof, by electronic,
mechanical digital, optical, magnetic or any other
means, of child engaged or involved in real or
simulated explicit sexual activity.
In RA 9775, it also covers adults who cannot take
care or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a
physical or mental disability or condition, as well
as the following:
a. A person regardless of age who is
represented, depicted or portrayed as child.
b. Computer-generated or digitally or manually
crafter image or graphics of person made to
appear to be a child.
Child any person below 18 years old or over, but
is unable to fully take care of himself/herself from
abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or
condition as well as computer generated person who
is made to appear as a child defined herein.
(A,N,C,E,D,Phy,Men disability)
Explicit Sexual Activity sexual intercourse or
lascivious act including but not limited to, contact
involving genital to genital, oral to genital or oral to
oral, whether between persons of the same or
opposite sex:
(a) Bestiality
(b) Masturbation
(c) Sadistic or masochist abuse
(d) Lascivious exhibition of the genitals, buttocks,
breast, pubic area and/or anus.
(e) Use of any object or instruments for luscious
acts.

PUNISHABLE ACTS:
A. Acts committed by any person
1. To, hire, employ, use, persuade, induce or coerce a
child to perform in the creation or production of any
form of child pornography.
2. To produce, direct, manufacture or create any form
of child pornography.
3. To publish, offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of
child pornography.
4. To possess any form of child pornography with the
intent to sell distribute, publish or broadcast.
5. To knowingly, willfully and intentional provide a
venue for the commission of prohibited acts such as
dens, private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate
business.
6. For film distributors, theaters and
telecommunications companies, by themselves or in
cooperation with other entities, to distribute any form
of CP.
7. For parent, legal guardian or person having custody
or control of a child to knowingly permit the child to
engage, participate or assist in any form of CP.
8. To engage in the luring or grooming of child.
9. To engage in pandering of any of CP.
B. Syndicated CP is deemed committed if carried out by
a group of three or more persons conspiring or
confederating with one another.
C.

Violation of the rule on confidentiality or the right of

the child to privacy.

D.

Willful and knowing failure by the Internet Content

Host to comply with his duties under the law:

1.

Not to host any form of CP on its internet

address.
2. Within seven days, report the presence of any
form of CP, as well as the particulars of the
person maintaining, hosting, distributing or in
any manner contributing to such internet
address, to proper authorities.
3. Upon the request of proper authorities, furnish
the particulars of users gained or attempted to
gain access to an internet address that contains
any form of CP.

Luring the act of communicating, by means of a

computer system, with a child or someone who the
offender believes to be a child for the purpose of
facilitating the commission of sexual activity or
production of any form of child pornography.
Pandering the act of offering, advertising,
promoting, representing or distributing through any
means any material or purported material that is
intended to cause another to believe that the
material or purported material contains any form of
child pornography, regardless of the actual content
of the material or purported material.
Syndicated Child Pornography:

E.

Willful and knowing failure by the ISP to comply with

the duties set forth under section 9 of the law:

1. The ISP is required to notify the PNP or NBI

within 7 days from obtaining facts and
circumstances that any form of CP is being
committed using its service or facility.

2. To install available software, program or

technology to ensure that access to or
transmittal of any form of CP will be blocked or
filtered.
F.

Willful and knowing failure by the mall

owners/operators and owners or lessors of other
business establishments:

1. Notify the PNP or NBI within 7 days from

obtaining facts and circumstances that child
pornography is being committed in their
premises.
2. Photo developers, information technology
professionals, credit card companies and banks
and any person who has direct knowledge of
any form of CP activities shall have the duty to
report any suspected CP materials or
transactions to the proper authorities within
seven days from discovery thereof.
PRESUMPTIONS OF LAW on CHILD PORNOGRAPHY

Possession of three or more articles of CP of the

same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast
penalized under section 4(d).
Mall Owners/Operators and Owners/Lessors of other
Business Establishments
Disputable Presumption of Knowledge
They should know or reasonably know that a
violation of the law is being committed in the
premises.
Conclusive Presumption of Knowledge
- When there is a public display of any form of CP
within their premises.
Internet Content Host
Conclusive Presumption of Willful and Intentional
Violation
- When there is failure of the Internet Content Host
to remove any form of CP within 48 hours from
receiving notice that any form of CP is hitting its
server.
CHILD PORNOGRAPHY AS A TRANSNATIONAL CRIME
Pursuant to the Convention on Transnational Organized Crime,
the DOJ may execute the request of a foreign state for assistance
in the investigation or prosecution of any form of child
pornography

1) Conducting a preliminary investigation against

the offender and if appropriate, to file the
necessary charges in court.
2) Giving information needed by the foreign state.
3) To apply for an order of feature of any proceeds
or monetary instrument or properly located in the
Philippines used in connection with child
pornography in the court
Provided that if DOJ refuses to act on the request of or delaying
the execution thereof.
Provided further that the principles of mutuality and reciprocity
shall, be at all-time recognized.

R.A. 9208: ANTI-TRAFFICKING IN PERSONS ACT

Trafficking in Persons refers The recruitment,
transportation, transfer or harboring or receipt of
persons with or without the victims 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 of position, taking advantage of the
vulnerability of the person, or the giving or the
receiving of payments or benefits to achieve the
purpose of exploitation:
The exploitation or the prostitution of others.
Other forms of sexual exploitation.
Forced labor or services.
Slavery
Servitude
The removal or sale of organs.
The recruitment, transportation, transfer, harboring
or receipt of a child for the purpose of exploitation
shall be considered as trafficking in persons even if
it does not involve any of the means set forth in the
law.
PUNISHABLE ACTS:
1. To recruit, transport, transfer, harbor, provide or
receive a persons by any means, including those
done under the pretext of domestic or overseas
employment or training or apprenticeship, for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage.
2. To introduce or match for money, profit, or material,
economic or other consideration, any Filipino woman
to a foreign national for marriage for the purpose of
acquiring, buying, offering, selling or trading him/her
to engage in prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage.
3. To offer or contract marriage, real or simulated for
the purpose of acquiring, buying, offering, selling or
trading them to engage in prostitution, pornography,
sexual exploitation, forced labor, involuntary
servitude or debt bondage.
4. To undertake or organize tours and travel plans
consisting of tourism packages or activities for the
purpose of utilizing and offering persons for
prostitutions, pornography or sexual exploitation.
5. To maintain or hire a person to engage in
prostitution or pornography.
6. To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage.
7. To recruit, hire, adopt, transport, or abduct a person,
by means of threat or use of force, fraud, deceit,
violence, coercion, intimidation, for the purpose of
removal or sale of organs of said person.
8. To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad.

Acts that Promote Trafficking in Persons

1. To knowingly lease or sublease, use or allow to be
used any house, building or establishment for the
purpose of promoting trafficking in persons.
2. To produce, print and issue or distribute unissued,
tampered or fake counselling certificates,
registration stickers and certificates of any
government agency which issues these certificates
and stickers as proof of compliance with government
regulatory and pre-departure requirements for the
purpose of promoting trafficking in persons.
3. To advertise, publish, print, broadcast or distribute or
cause the advertisement, publication, printing,
broadcasting or distribution by any means, including
the use information technology and the internet of
any brochure, flyer or any propaganda material that
promote trafficking in persons.
4. To assist in the conduct of misrepresentation or
fraud for purpose of facilitating the acquisition of
clearances and necessary exit documents from
government agencies that are mandated to provide
pre-departure registration and services for departing
persons for the purpose of promoting trafficking in
persons.
5. To facilitate, assist or help in the exit and entry of
persons from/to the country at international and local
airports, territorial boundaries and seaports who are
in possession of unissued, tampered or fraudulent
travel documents for the purpose of promoting
trafficking in persons.
6. To confiscate, conceal or destroy the passport,
travel documents or personal documents or
belongings of trafficked persons in furtherance of
trafficking or to prevent them from leaving the
country or seeking redress from the government or
appropriate agencies.
7. To knowingly benefit from, financial or otherwise or
make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor
or slavery.
Qualified Trafficking in Persons
1. When the trafficked person is a child.
2. When the adoption is effected through RA 8043 or
the Inter-Country Adoption Act of 1995 and said
adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage.
3. When the crime is committed by a syndicate or in
large scale.
4. When the offender is an ascendant, parent, sibling,
guardian, or a person who exercise authority over
the trafficked person when the offense is committed
by a public officer or employee.
5. When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies.
6. When the offender is a member of the military or law
enforcement agencies.
7. When by reason or on occasion of the act of
trafficking in persons, the offended party dies,

becomes insane, suffers mutilation or is afflicted with

HIV or AIDS.
CONFIDENTIALITY
- At any stage of the investigation, any court and
medical personnel as well as the parties of the
case, shall recognize the right to privacy of the
trafficked person and the accused.
- Law enforcement officers, prosecutors and
judges to whom the complaint has been
referred, can order a close-door investigation,
prosecution or trial at any stage of the
proceeding.
The name and personal circumstances of the trafficked person or
of the accused, or any other information tending to establish their
identities and such circumstances or information shall not be
disclosed to the public.

What will happen when the trial is conducted

behind close-doors
- It shall be unlawful for any editor, publisher,
and reporter or columnist in case of printed
material, announcer or producer in case of
television and radio, producer and director of a
film in case of the movie industry, or any
person utilizing tri-media facilities or information
technology to cause publicity of any case of
trafficking.
Prescription
- Trafficking shall prescribe in 10 years.
- For syndicates or in a large scale, shall
prescribe in 20 years.
- The prescriptive period shall commence to run
from the day on which the trafficked person is
delivered or released from the conditions of
bondage and shall be interrupted by the filing of
the complaint or information and shall
commence to run again when such
proceedings terminate without the accused
being convicted or acquitted or are unjustifiably
stopped.
Legal Protection to Trafficked Persons
- Trafficked persons shall be recognized as
victims of the act or acts of trafficking and such
shall not be penalized for crimes directly related
to the acts of the trafficking.
The consent of a trafficked person to the intended exploitation is
irrelevant.

R.A. 7877: ANTI-SEXUAL HARASSMENT ACT

Sexual Harassment This is committed by an
employer, employee, manager, supervisor, agent of
the employer, teacher, instructor, professor, coach,
trainer, of any other person who, having authority,
influence or moral ascendancy over another in a
work or training or education environment,
demands, requests or otherwise requires any
sexual favor from the other, regardless of whether

the demand, request or requirement for submission

is accepted by the object of said act.

solidarily liable for damages arising from the

acts of sexual harassment committed.

ELEMENTS:
1. The employer, employee, manager, supervisor,
agent of the employer, teacher, instructor, professor,
coach, trainer, or any other person has authority,
influence or moral ascendancy over another.

Independent Action for Damages

- The victim for any sexual harassment is
allowed to institute a separate and independent
action for damages and affirmative relief.

2. The authority, influence or moral ascendancy exists

in a working environment.

P.D. 1612: ANTI-FENCING LAW

3. The employer, employee, manager, supervisor,

agent of the employer, teacher, instructor, professor,
coach, or any other person having authority,
influence or moral ascendancy makes a demand,
request or requirement of a sexual favor.
PUNISHABLE ACTS:
Work-related or Employment environment Sexual
Harassment:
a. 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 or diminish employment
opportunities or otherwise adversely affect said
employee.
b. The above acts would impair the employees right or
privileges under the existing labor laws.
c. The above acts would result in intimidating, hostile
or offensive environment for the employee.
Education or training environment Sexual
Harassment:
a. Against one who is under the care, custody or
supervision of the offender.
b. Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender.
c. 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.
d. When the sexual advances result in an
intimidating hostile or offensive environment for
the student, trainee or apprentice.
Any person who directs or induces another to
commit any act of sexual harassment as herein
defined, or who cooperates in the commission
thereof by another without which it would not have
been committed, shall also be held liable.
Liability of the Employer
- The employer or head of office, education
institution or training institution, shall be held

Fencing
- This is the act of any person who, with intent to
gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose
of, or shall buy and sell, or in any manner deal in
any article, item, object or anything of value
which he knows or should be known to him, or to
have been derived from the proceeds of the
crime of robbery or theft.
Fence
- Any person, firm, association or corporation or
partnership or other organization who/which
commits the act of fencing.
PERSONS LIABLE FOR P.D. 1612:
For Persons:
- Those who are liable for buying, keeping,
concealing and selling the stolen items.
For Corporations, Partnerships or Firms:
- The one liable is the President or the Manager
or the Officer who knows or should have known
the fact that the offense was committed.
- For foreign corporations the one liable is the
representative.
Presumption of Fencing:
- Mere possession of any good, article, item,
object or anything of value which has been the
subject of robbery or thievery shall be a prima
facie evidence of fencing.
ELEMENTS:
a. The crime of robbery or theft has been committed.
b. The accused, who is a principal or accomplice in the
commission of robbery or theft: Buys, Receives,
Possesses, Keeps, Acquires, Conceals, Sells or
Disposes or Buys and Sells, or in any manner deals
in any article, item, object or anything of value,
which has been derived from the proceeds of the
said crime. (BRP-KACSDi)
c. The accused knows or should know that the said
article, item, object or anything of value has been
derived from the proceeds of the crime of robbery or
theft.
d. There is, on the part of the accused, intent to gain
for himself or for another.
PD 1612 covers the proceeds of what crimes?
The crime of fencing covers only proceeds of theft or
robbery. It does not apply to other crimes of gain such
as estafa.

 Alien shall be subject to deportation proceedings

after serving his/her sentence and payment of fines.
Can an offender in fencing be held liable for theft or
robbery?
Yes, the offender in fencing shall be held liable for the
crime of theft or robbery as an accessory by profiting
from the fruit or in the instrument of the crime.
Is fencing a continuing offense?
Fencing is not a continuing crime but separate and
distinct from the predicate crime of theft and robbery.
The offender may be prosecuted at the place there he
took hold the property and not at the place of the
commission of the theft or robbery.

R.A. 9995: ANTI- PHOTO VOYEURISM

Photo or Video Voyeurism
- The act of taking photo or video coverage of a
person or group of persons performing sexual act
or any similar activity or of capturing an image of
the private are of a person/s without the latters
consent, under circumstances in which such
person has a reasonable expectation of privacy.
- The act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such
sexual act or similar activity through VCD/DVD,
internet, cellular phones.
ACTS PUNISHABLE:
1. To take photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or to capture an image of the private
area of a person such as the naked or undergarment
clad genitals, public area, buttocks or female breast
without the consent of the person involved and
under circumstances in which the person has a
reasonable expectation of privacy.
2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of
sexual act or any similar activity with or without
consideration.
3. To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof.
4. To publish or broadcast or cause to be published or
broadcast, whether in print or broadcast media or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and
other similar means or device.
Additional Penalties for Offenders:
Judicial Person its license or franchise shall be
automatically be deemed revoked and the persons
liable shall be the officers, the editor and the reporter
in the case of print media and the station manager,
editor and broadcaster, in case of broadcast media.
Public Officer or Employee or Professional he
administratively liable.

The prohibition to copy, reproduce, sell, distribute,

publish or broadcast shall apply even if the parties or
any of them consented to the recording or the taking
of the photo or video coverage.
If the parties consented to the taking of the video or
photo but not to the selling, ect the law is still
violated.
If the parties, consented to the recording and to the
copying, selling or publishing thereof, this will be a
crime under article 212 (b) of RPC for indecent
shows.
R.A. 9745: ANTI- TORTURE ACT of 2009
Torture
1. Severe pain or suffering, whether physical or
mental.
2. The pain or suffering is intentionally inflicted.
3. The purpose thereof are:
a. To obtain from the victim or a third person
information or confession.
b. To punish the victim for what he or a third
person has or is suspected of having
committed.
c. To intimidate or coerce him or a third
person.
d. For any reason based on discrimination of
any kind.
4. The act is by or at the instigation of or with
consent or acquiescence of a person in authority
or his agent.
Other Cruel, Inhuman & Degrading Treatment or
Punishment
- This refers to a deliberate and aggravated
treatment or punishment not included in the
enumeration of acts of torture inflicted by a
person in authority or agent of person in
authority against a person under his custody,
which attains a level of severity causing
suffering, gross, humiliation or debasement to
the latter.
Victim
- The person subjected to the torture or other
cruel, inhuman and degrading treatment or
punishment and any individual who has
suffered arm as a result of such treatment or
punishment.
Kinds of Torture:
a. Physical Torture involves treatment or
punishment inflicted by a person in authority or his
agent upon another in his custody causing severe
pain, exhaustion, disability or dysfunction of one or
more parts of the body.
b. Mental/Psychological Torture affects or
confuses the mind and/or undermines ones dignity
and morale.

c.

Other Cruel, inhuman and degrading treatment

or punishment the person in authority or his
agent inflicts deliberate and aggravated treatment or
punishment other than acts of torture against a
person under his custody at a level of severity
causing suffering, gross humiliation or debasement
to the victim.

Offenders under the law:

1. Direct participator, inducer and indispensable
cooperator.
2. Superior military, police or law enforcement
officer or senior government official who ordered
any lower ranking personnel to commit torture
for whatever purpose.
3. Immediate commanding officer of the unit of the
AFP, immediate senior public official of the PNP
and other law enforcement agencies for any act,
omission or negligence committed by him that
led, assisted, abetted or allowed directly or
indirectly the commission thereof.
4. The commanding officer or senior public official
who has knowledge of or should have known
that said acts shall be, is being or has been
committed by his subordinates or others within
his area of responsibility and, despite such
knowledge, did not take preventive or corrective
action before, during or immediately after its
commission, when he has authority to prevent or
investigate allegations thereof but failed to do
so, whether deliberately or due to negligence.
Torture as a crime 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. In which
case, 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.
The law regards torture as a very serious offense since
section 16 thereof excludes the offender in from any special
amnesty law or similar means that will have the effect of
exempting them from any criminal proceedings and sanctions.

R.A. 4200: ANTI- WIRETAPPING LAW

This law penalizes the acts of secretly overhearing,
intercepting or recording private communications by
means of the devices.
The mere allegation that an individual made a secret
recording of a private communication by means of a tape
recorder would suffice to constitute an offense under its
section1. It is not required that before one can be regarded as
a violator, its substance as well as its communication to a
third person should professed in the information.
Device Arrangement this should be construed to
comprehend instruments of the same or similar nature, that is,
instruments the use of which would tantamount to tapping the
mainline of the telephone.
The instruments mentioned in RA 4200 refers to instruments
whose installation or presence cannot be presumed by the
party or parties being overheard because, by their very
nature, they are not common usage and their purpose is
precisely for tapping, intercepting or recording a telephone
conversation.

ACTS PUNISHABLE:
1.

It shall be unlawful for any person not being

authorized by all parties to any private communication
or spoken word:

a. To top any wire or cable or by using any other

device or arrangement.
b. To secretly overhear, intercept or record such
communication or spoken word by using a
device commonly known as a dictograph or
walkie-talkie or tape recorder or however
otherwise described.
2.

It shall be unlawful for any person, be he a participant

or not in the act or acts penalized in the most
preceding sentence:

a. To knowingly possess any tape record, wire

record, disc record or any other such record or
copies thereof of any communication or spoken
word secured either before or after the effective
date of this act in the manner prohibited by this
law.
b. To replay the same for any other person or
persons.
c. To communicate the contents thereof, either
verbally or in writing.
d. To finish transcriptions thereof, whether
completed or partial to any other person.
EXCEPTIONS
I. Nothing contained in this act shall render it unlawful or
punishable.
- For any peace officer who is authorized by a written
order of the court to execute any of the acts
declared to be unlawful in the two preceding
sections in cases involving the crimes of:
1. Treason
2. Espionage
3. Provoking war and disloyalty in case of:
War
Mutiny in high seas
Rebellion
Inciting to sedition
Sedition
Kidnapping
Conspiracy to commit sedition
Inciting to commit rebellion
Violations of CA no. 618 Punishing espionage
and other offenses against national security
Conspiracy and proposal to commit rebellion
REQUIREMENTS FOR THE EXECEPTION
- Such written order shall only be issued or granted
upon written application and affirmation under oath or
affirmation of the applicant and the witnesses he may
produce and a showing of:
1. There are reasonable grounds to believer that of
the crimes above has been committed or is being
committed or is about to be committed.
2. That there are reasonable grounds believe that
evidence will be obtained essential to the
conviction of any person for, or in the solution of,
or to the prevention of such crimes.
3. There are other means readily available for
obtaining such evidence.

In cases of Rebellion, Sedition, Conspiracy and

proposal to commit rebellion/sedition, Inciting to
rebellion/sedition. Such authority shall be granted
only upon prior proof that a rebellion or acts of
rebellion have actually or are being committed.

General Rule:
The envelope or package so deposited shall not be
opened or the recordings replayed or used in evidence
or their contents revealed.
Except:
Upon order of the court:
1. Granted upon motion.
2. With due notice and opportunity to be heard the
person/s whose conversation or
communications have been recorded.
People vs. Puno, supra
An extension telephone is an instrument which is very
common especially now when the extended unit does not
have to be connected by wire to the main telephone but can
be moved from place to place within a radius of a kilometer or
more. The framers of the law were more concerned with
penalizing the act of recording than the act of merely listening
to a telephone conversation.

R.A. 6539: ANTI- CARNAPPING ACT of 1972

Carnapping This is the taking, with intent to gain,
a motor vehicle belonging to another without the
latters consent or by means of violence or
intimidation or by using force upon things.
Motor Vehicle Any vehicle propelled by any power
other than muscular power using the public
highways.
Exception to the Definition of Motor Vehicle:
Road rollers
Bulldozers
Trolley cars
Graders
Street sweepers
Sprinklers
Forklifts
Lawn Mowers Amphibian Trucks
Cranes if not used on public highways

Vehicles which run only on rails or tracks or tractors,

trailers and traction engines of all kinds used
exclusively for agricultural purposes.
Defacing or Tampering with Serial Number The
act of erasing, scratching, altering or the 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 defaced or
tampered with.

Elements of Carnapping
(People vs. Lagat and Palalay G.R. No. 187044 Sept. 14, 2011)

There is actual taking of the vehicle

The vehicle belongs to a person other than the
offender himself.
The taking is without the consent of the owner, or
that the taking was committed by means of violence
against or intimidation of persons or by force upon
things.
The offender intends to gain from the taking of the
vehicle.
Presumptions under RA 6539:
The unlawful taking of the whole vehicle is already
complete and consummated even if only part thereof
is ultimately taken or appropriated while the rest is
abandoned.
In the absence of an explanation of how a person
has come into the possession of the stolen effects
must necessarily be considered the author of the
killing and the robbery committed.
Sanction for Noncompliance with the Registration with
LTO:

Motor vehicles assembled, rebuild or repaired with

motor vehicle engines, engine block or chassis not
registered with the LTO shall not be issued
certificates of registration.
It shall also be considered as untaxed imported
vehicles or motor vehicles carnapped or acquired
from an illegal source.
DUTIES
Importer, Distributors & Sellers of Motor Vehicles:

Shall keep a permanent records of his stocks.

The type, make and serial numbers as well as the
names and addresses of the persons from whom
they were acquired and those to whom they were
sold.
Shall render an accurate monthly report of his
transactions in motor vehicles to the LTO.
Manufacturers:
Shall cause the numbering of every engine block
and chassis or body manufactured in a convenient
and conspicuous part.
Shall submit to the LTO a monthly report of the
manufacture and sale of engine block, chassis and
body.
Important Things to Remember:
May qualified theft of motor vehicle be committed despite
the enactment of RA 6539?
Yes, but only as to those exempted from the coverage of
the law as to what a motor vehicle is. The theft or robbery
of the said exempted vehicles will be covered under the
RPC.
May qualified theft of motor vehicle be committed despite
the enactment of RA 6539?

Yes, for while it is necessary that the statutory designation

be stated in the information, a mistake in the caption of an
indictment in designating the correct name of the offense is
not a fatal defect as it is not the designation that is
controlling but the facts alleged in the information which
determines the real nature of the crime.

Does the RPC have suppletory effect on RA 6539?

No, except for qualified carnapping. When the penalties
under the special law are different from and are without
reference or relation to those under the RPC, there can
be no suppletory effect of the rules.
Whether or not attempted and frustrated
murder/homicide are included in qualified carnapping?
Attempted and Frustrated Murder/Homicide are not
included in qualified carnapping since it is provided in
Section 14 of RA 6539 of the words killed. The
unmistakable imports thereof is that it refers only to the
consummated felony of either murder or homicide.
What is the nature of Carnapping?
Carnapping is malum prohibitum. If homicide is
committed, it is considered a special complex crime of
carnapping with homicide, not falling within article 48 by
virtue of the amendment made by RA 7659

PENALTIES
When the carnapping is done WITH violence or
intimidation or force upon things
Imprisonment of not less than 17 years and 4
months and not more than 30 years.
When the carnapping is done WITHOUT violence or
intimidation or force upon things
Imprisonment of not less than 14 years and 8
months and not more than 17 years and 4 months.
When either the owner, driver or occupants are killer
or raped?
Reclusion perpetua to death (as amended by RA
7659)
PENALTIES FOR VIOLATIONS OF THE RULES &
REGULATIONS
Natural Persons:
- Imprisonment of not less than 2 years and not more than 6
years.
- And a fine equal in amount to the acquisition cost of the
motor vehicle, motor engine or any other part involved in the
violation
Juridical Persons:
- The penalty provided for natural person shall be imposed
upon:

President

Secretary

Members of the Board of Directors

Or any its employees who may have directly

participated in the violation.
Government Official or Employee:
Either they:
Directly commits the unlawful acts
Guilty of gross negligence
Connives or permits the commission of the unlawful
act
Imprisonment of not less than 2 years nor more than 6
years and a fine equal in amount to the acquisition cost of
the motor vehicle, motor engine or any other part involved
in the violation.
Additional Penalty for Government Official or Employee:
Dismissed from service with prejudice to
reinstatement.
Disqualification from voting or being voted in any
election.
Disqualification from appointment to any public office.

P.D. 532: ANTI- HIGHWAY ROBBERY

Philippine Highway it shall refer to any road, street,
passage, highway and bridges or parts thereof, or railway
or railroad within the Philippines used by persons or
vehicles or locomotives or trains for the movement or
circulation of persons or transportation of goods or
articles.
Piracy any attack upon or seizure of any vessel, or the
taking away of the whole or part thereof or its cargo,
equipment, or the personal belongings or its compliment
or passengers, irrespective of the value thereof, by means
of violence against or intimidation of persons or force upon
things, committed by any person, including a passenger or
member of the complement of said vessel, in Philippine
waters, shall be considered as piracy. The offenders shall
be considered as pirates.
Highway Robbery/Brigandage The seizure of any
person for ransom, extortion or other unlawful purposes or
the taking away of the property of another by means of
violence against or intimidation of persons or force upon
things or other unlawful means, committed by any person
on the Philippine Highway.
Indiscriminate Robbery If the purpose of brigandage is
to victimize any person or if the robbery is not an isolated
case only and there is evidence to show that previous acts
of depredations have been committed by the malefactors.

KINDS OF PIRACY
Article 122 (RPC): Piracy in general and mutiny on
the high seas or in Philippine waters

The penalty of RP shall be inflicted upon any

person who, on the high seas or in Philippine
waters:
a. Shall attack of seize a vessel
b. Or, not being a member of its complement
and not a passenger, shall seize the whole
or in part of the cargo of said vessel, its
equipment or personal belongings of its
complement or passengers.

Article 123 (RPC): Qualified Piracy

- The penalty of RP - Death shall be inflicted
upon any person who commits any of the
crimes referred in the preceding article, under
the following circumstances:
1. Whenever they have seized a vessel by
boarding or firing upon the same.
2. Whenever the pirates have abandoned their
victims without means of saving themselves.
3. Whenever the crime is accompanied by murder,
homicide, physical injuries or rape.
P.D. 532:
- The same as that of article 122 but its offenses
be limited in Philippine Waters.
- The coverage of the law on piracy embraces
any person including a passenger or member
of the complement of the said vessel in
Philippine waters. Hence, passenger or not,
complement or not, any person is covered
under PD 532.

HOW IS PIRACY COMMITTED?

P.D. 532
Piracy is committed by an attack upon or seizure
of any vessel, or the taking away of the whole or
part thereof or its cargo, equipment or the
personal belongings of its compliment or
passengers, irrespective of the value thereof, by
means of violence against or intimidation of
person or force upon things, committed by any
person, including a passenger or member of the
complement or said vessel, in Philippine waters.
Article 122
The crime is committed by person who not being
member of its complement nor a passenger,
shall seize the whole or part of the cargo of the
vessel, its equipment or personal belongings of
its complement or passengers in the Philippine
waters or high seas.
DIFFERENCE BETWEEN PD 532 & ART. 122
PD 532
Article 122
Offenders must
not be members
of the
On malefactors
Any one
complement or
passengers of
the vessel
Covers
Covers the high
On Locus/
Philippine
seas and
Situs of the
waters only
Philippine
Crime
waters
The same
circumstance as
article 122, only
that any other
Qualifying
crimes
Refer to article
Circumstances committed by
123
reason or on
occasion of
Piracy is
qualifying.
RP for
physical injuries
and other crimes
Penalty for
Qualifying
Circumstances

Those who
participate in
the loot or
helped the
offenders

Death
abandonment,
firing upon or
boarding the
vessel, murder,
homicide or rape

They are
considered as
accomplices and
never as an
accessory nor
fence.

Reclusion
Perpetua to
Death

They can be
charged either
as principals or
accessories:
Principals if
charged under

PD1612 (antifencing)
Accessory of
charged under
robbery.
Piracy is committed whether the vessel is anchored or moving
as long as it is committed aboard the vessel because the law
does not distinguish.
If the offenders are members of the crew or passengers under
RPC, the crime is robbery because piracy can be committed
only by outsiders, but under PD 532, it is piracy.

Jurisdiction over the crime:

- Philippine courts have jurisdiction over piracy
committed in the high seas and even in countries
outside its territorial jurisdiction for piracy falls under
Title 1, Book 2 of the RPC, as such it is an exception
to the rule of territoriality.
- The same applies even the offenders are charged
under the SPL PD 532.
How to obtain conviction for Highway Robbery in PD
532:
- The prosecution should prove that the accused were
organized for the purpose of committed robbery
indiscriminately.
- If the purpose is only a particular robbery, it is only
robbery or robbery in band under the RPC.
PD 532 punishes as highway robbery or brigandage only acts
of robbery perpetrated by outlaws indiscriminately against any
person on Philippine Highways and not acts of robbery
committed against a predetermined or particular victim or
isolated case. The number of perpetrators immaterial since it
is not an essential element to the crime of brigandage in PD
532.
People vs. Puno, supra
Not any kind of robbery in a highway will give rise to
brigandage under PD 532. Brigandage in PD 532
contemplates that the offender moves from place to place and
plunders any victim he may come across regardless of
whether the victim has the potential of being robbed of
something or nothing. There is no preconceived victim in PD
532. If there were a preconceived victim in mind, although
committed in a highway, the crime committed is robbery under
article 294 of RPC.

R.A. 9372: HUMAN SECURITY ACT OF 2007

Terrorism any act punishable under the provision
of the RPC and special penal laws which sows and
creates
a
condition
of
widespread
and
extraordinary fear and panic among the populace,
in order to coerce the government to give in to an
unlawful demand.
If the offenders commits the act without sowing and
creating a condition of widespread and extraordinary
fear and panic among the populace, they will be held
guilty in the following crimes:

a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.

Article 122 Piracy in general and mutiny in the high

seas or in the Philippine waters
Article 134 Rebellion or insurrection
Article 134 (a) Coup detat including acts committed by
private person
Article 248 Murder
Article 267 Kidnapping and Serious Illegal Detention
Article 324 Crimes involving destruction
PD 1613 The law on arson
RA 6969 Toxic substances and hazardous and nuclear
waste control
RA 5207 Atomic energy regulatory and liability act
RA 6235 Anti-hijacking law
PD 532 Anti- piracy and anti-highway robbery law
PD 1866 Illegal Possession

ACTS PUNISHABLE:
1. Conspiracy to commit terrorism
2. Unauthorized or malicious interceptions and/or
recording
3. Failure to deliver suspect to the proper judicial
authority within three days
4. Violation of the rights of detainee committed by the
police officer or his superior if the police officer is not
identified
5. Threat, intimidation, coercion or torture in the
investigation and interrogation of a detained person
6. Unauthorized or malicious examination of bank or a
financial institution
7. Defiance by the bank officer or employee of court
authorization
8. False, untruthful statement or misrepresentation of
material fact in joint affidavits
9. Unjustified refusal to restore or delay in restoring
seized, sequestered and frozen bank deposits,
placement, trust accounts, assets and records.
10. Loss, misuse, diversion or dissipation of seized,
sequestered and frozen bank deposits.
11. Infidelity in the custody of detained persons
12. Unauthorized revelation of classified materials
13. Furnishing false evidence, forged document or
spurious evidence.
There is conspiracy when two or more persons come into
agreement concerning the commission of the crime of
terrorism.

Accomplice any person who, not being a

principal, cooperates in the execution of either the
crime of terrorism or conspiracy to commit by
previous or simultaneous acts.
Accessory any person who, having knowledge of
the commission of the crime of terrorism or
conspiracy to commit terrorism and without
participating therein, either as principal or
accomplice.
a) By profiting himself or assisting the offender to
profit by the effects of the crime.
b) By concealing or destroying the body of the
crime, the effects or instruments thereof, in order
to prevent discovery.
c) By harboring, concealing or assisting in the
escape of the principal or conspirator of the
crime.

The penalties prescribed for accessories shall not be imposed

upon those who are such respect to their spouses,
ascendants, descendants, legitimate, natural and adopted
brothers and sisters or relatives by affinity within the same
degrees.

Surveillance of Suspects and Interception and

Recording of Communications (Section 7)
Notwithstanding to RA 4200 or Anti-Wiretapping Law,
a police officer and any member of his team may
upon written order of the Court of Appeals, listen,
intercept and record, with the use of any mode, form,
kind or type of electronic or other surveillance
equipment or intercepting and tracking devices.
Provided, that the surveillance, interception and recording
of communications between lawyers and clients, doctors
and patients, journalists and their sources and confidential
business correspondence shall not be authorized.

Formal Application for Judicial Authorization

(Section 8)
The written order to lawfully make a surveillance for
suspected terrorist shall be decided the division of the
Court of Appeals called Anti-Terrorism Council
Requirement for the written order:
1. That there be probable cause to believe based on
personal knowledge of facts or circumstances
that the said crime of terrorism or conspiracy to
commit terrorism has been committed, or is being
committed or is about to be committed.
2. That there is probable cause to believe based on
the personal knowledge of facts or circumstances
that evidence, which is essential to the conviction
of any charged or suspected person for, or to the
solution or prevention of, any such crimes, will be
obtained.
3. There is no other effective means readily
available for acquiring such evidence.
Effective Period for Judicial Authorization (Section 10)
Any authorization granted by the Court of Appeals
shall only be effective for the length of time specified
in the written order, which shall not exceed a period
of 30 days from the day of receipt of the written order
of the authorizing division.
In case of death of the applicant:
- In case the original applicant for the written order
dies or became physically disabled, the one next in
rank to the original applicant.
Provided, The applicant police or law enforcement official
shall have 30 days after the termination of the period
granted by the CA within which to file the appropriate case
before the Public Prosecutors Office for any violation of this
act.

Custody of Intercepted and Recorded

Communications (Section 11)
All data and information gathered from the
surveillance shall be deposited to the Anti-Terrorism
Council within 48 hours after the expiration of the
period fixed in the written order or 48 hours after the
expiration of any extension or renewal granted.
Disposition of Deposited Materials (Section 13)
The sealed envelope or sealed package and the
contents thereof, which are deposited with the
authorizing division of the Court of Appeals, shall be
deemed classified information, and the sealed
envelope or sealed package shall not be opened and
its contents.
The deposited materials from the surveillance will only
opened or used as evidence upon a written order of the
authorizing division of the CA, which shall only be granted
upon written application of the Depart of Justice before the
said division of the Court of Appeals.

Evidentiary Value of Deposited Materials (Section 15)

Any listed to, intercepted and recorded
communications, shall absolutely not be admissible
and usable as evidence against anybody in ay
judicial, quasi-judicial, legislative or administrative
investigation, inquiry or proceeding or hearing,
provided that they did not follow the law in submitting
in the said communications.
Period of Detention without warrant of arrest
(Section 18)

The allowable delay in the delivery of the suspected

terrorist to the proper judicial authorities is within 3
days counted from the moment the said person has
been apprehended.
Provided: That the arrest of those suspected of the crime
of terrorism or conspiracy to commit terrorism must result
from the surveillance.

Period of Detention in the Event of an Actual or

Imminent Terrorist Attack (Section 19)
Suspects may not be detained for 3 days without the
written approval from the municipal, city, provincial or
regional official of a Human Rights Commission or
judge of the MTC or RTC, Sandiganbayan or justice
of the Court of Appeals.
The written approval of any officials mentioned
above, must be secured by the police officer
concerned within 5 days after the date of the
detention of the suspected terrorist.
Provided, within 3 days after the detention of the suspects,
whose connection with the terror attack or threat is not
established, shall be released immediately.

Rights of a Person under Custodial Detention

(Section 21)
1. To be informed of the nature and the cause of
his arrest, to remain silent and to have
competent and independent counsel preferably
of his choice. if the person cannot afford one,
the police or law enforcement officers concerned
shall immediately contact the free legal
assistance of IBP or PAO.
2. Be informed of the cause or causes of his
detention in the presence of his legal counsel.
3. Allowable to communicate freely with his legal
counsel and to confer with them at any time
without restriction.
4. Allowed to communicate freely and privately
without restrictions with the members of his
family or with his nearest relatives and to be
visited by them.
5. Allowed freely to avail of the service of a
physician or physicians of choice.
Restriction on Travel (Section 26)
In case the evidence of guilt is not strong, and the
person charged with the crime of terrorism or conspiracy
to commit terrorism is entitled to bail:
- Shall upon application by the prosecutor to court,
limit the travel of the accused within the municipality
or city where he resides, in the interest of national
security and public safety.
Violation of the travel restriction means the bail
posted by the person shall be forfeited in favor
of the State.
- He or she may also be placed under house arrest by
order of the court at his or her usual place of
residence.
The restrictions mentioned above shall be terminated upon
the acquittal of the accused or of the dismissal of the case
filed against him.

Judicial Authorization Requirement to Examine Bank

Deposits, Accounts & Records (Section 27)
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.
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.
Effective Period of Court Authorization to Examine
an Obtain Information on Bank Deposits, Accounts
and Records (Section 30)
Shall be effective for the length of time specified in
the written order of the authorizing division of the
Court of Appeals, which shall not exceed a period of
30 days from the date of receipt of the written order
of the authorizing division of the Court of Appeals.