Special Penal Laws

RA 7610 CHILD ABUSE LAW

RA 7877 ANTI-SEXUAL HARASSMENT ACT
Possible Offenders
1. Those who engage, promote, facilitate or induce child prostitution
2. Those who commit the act of sexual intercourse or lascivious conduct with a child
exploited in prostitution or subjected to sexual abuse
3. Those who derive profit or advantage from it Manager or owner of the establishment

Limited scenario
1. Work-related or employment environment
2. Education environment
3. Training related activities or environment

where child prostitution takes place

Possible offenders
Committed by employer, manager, supervisor, co-employee, agent of the
employer, teacher, instructor, professor, coach, trainor or any other person.

Attempt to commit child prostitution under RA 7610

1. Any person found alone with the child in hidden or secluded area under
circumstance which leads a reasonable person to believe that a child is about to be
exploited in prostitution and other sexual abuse, except if he is a relative
2. Any person who receives services from a child in a sauna parlor or bath, massage
clinic, health club and other similar establishment

maybe committed by a man or woman

Offender has authority, influence, and moral ascendancy

Involves a demand, request or requirement of sexual favor
Acceptance - immaterial
Commission in work-related or employment environment
Sexual favor as condition in the following :
i.
hiring
ii.
employment
iii.
re-employment
iv.
continued employment
v.
granting of favorable compensation, terms of condition,
promotions or privileges
Refusal to grant sexual favor results in limiting, segregating or classifying
employees that will discriminate, deprive or diminish employment opportunities
or otherwise adversely affect the employee
The acts impairs employee rights and privileges under labor laws
Acts results in an intimidating, hostile or offensive environment for employee
Commission in educational or training environment
Victims include following :
i.
One who is under the care, custody or supervision of the offender
ii.
One whose education, training, apprenticeship or tutorship is
entrusted to the offender
Sexual favor as condition to the giving of passing grade, granting honors or
scholarship, or payment of a stipend, allowance or other benefits, privileges or
consideration
Acts result in an intimidating, hostile or offensive environment for the student,
trainee or apprentice
In rape, grave abuse of authority is required. If acquitted, prosecution on sexual
harassment may be made.
Employee may be charged with sexual harassment by another employee moral
ascendancy is required
There may be principal by direct participation and principal by induction 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 be liable under this Act.

Employers or Head Officers may be liable solidarily for damages, if sexual harassment
is committed and no immediate action is taken.

Elements of child prostitution

Engaging in sexual intercourse or acts of lasciviousness with a child
It is for money or profit or due to coercion

Victim may be male or female child

Child below 12 years old Statutory rape or acts of lasciviousness
Child is between 12 and 18 years old Prosecution under RA 7610
Child trafficking is an act of buying and selling a child for money, or any other
consideration or barter

RA 9262 ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

Battered Woman Syndrome refers to a scientifically defined pattern of psychological
and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.
Victim-survivors suffering from BWS do not incur criminal liability even in the
absence pf any of the elements of justifying circumstances of self-defense under
the RPC
Battery refers to any act of inflicting physical harm upon the woman or her child
resulting to physical and psychological emotional distress
PEOPLE v GENOSA Jan 15, 2004 To be considered a battered woman, the accused and her spouse
must go through the battering cycle at least twice. If a woman is in an abusive relationship with a man
and it occurs the second time but remains in the situation, then she is considered a battered woman.

RA 8049 ANTI-HAZING LAW

Possible Offenders
1. Officers and members of fraternity, sorority or organization who actually participated
in the infliction of physical harm [PRINCIPAL]
2. Officers or member who knowingly cooperated in carrying out the hazing by
inducing the victim to be present in it [PRINCIPAL]

3.

Parents, if hazing is held in the home of once of the officers or members of the
fraternity, group or organization when they have actual knowledge of the hazing
conducted but failed to prevent it from happening [PRINCIPAL]
4. Officers, former officers, or alumni involved in the actual planning of the hazing
even if absent during hazing [PRINCIPAL]
5. Fraternity or sorority adviser who is present during hazing and failed to take
action to prevent it from happening [PRINCIPAL]
6. President, manager, director or other responsible officer of a corporation engaged
in hazing as a requisite for employment [PRINCIPAL]
7. School authorities and faculty member who [ACCOMPLICE]
i.
Consents to the activity, or
ii.
Has actual knowledge but failed to take any action to prevent it
from happening
8. Owner of the place where hazing is conducted is he has actual knowledge of the
hazing but failed any action to prevent it from happening [ACCOMPLICE]
Qualifying circumstances Max. penalty
Recruitment accompanied by force, violence, threat, intimidation or deceit on the
recruit who refuses to join
Recruit, neophyte or applicant initially consent to join but prevented from quitting
when he learned that there shall be a hazing
Recruit, neophyte or applicant is prevented from reporting hazing through force,
violence, threat or intimidation
Hazing is committed outside the school or institution
At the time of hazing, the victim us below 12 years old
When is hazing punishable?
Physical injury
Death
Presence during hazing is prima facie evidence of participation as principal unless he
prevented the commission of hazing without qualification
Mitigating circumstance of no intention to commit so grave a wrong not available in
the crime of hazing even if there is no intention to kill Death is not the result of intention
Hazing initiation rite as a prerequisite for membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant in some humiliating
situations, including forcing him to do menial, silly, foolish and similar acts or subjecting
him to physical or psychological suffering or injury
Physical, mental or psychological training duly approved is not hazing
Hazing covers both killing and the infliction of physical injuries

3.
4.
5.

Tampering of firearm serial number

Repacking or altering the composition of lawfully manufactured explosives
Unauthorized issuance of authority to carry firearms or ammunitions outside of
residence

Possible Offenders
1. a. Any person who unlawfully manufacture, deal, acquire, dispose or possess any
Low-powered firearm
Part of a firearm
Ammunition
Machinery, tool or instrument used or intended to be used in the manufacture of
any firearm or ammunition
b. The owner, president, manager, director or other responsible officer of any
company who willfully, or knowingly allow any of the firearms owned by it to be
used by any person found guilty of violating the provisions of this act without legal
authority to be carried outside of their residence in the course of employment
2. Any person who carries any licensed firearm outside his residence without legal
authority to do so
3. a. Any person who unlawfully manufacture, assemble, deal, acquire, dispose or
possess
Hand grenades
Rifle grenades
Other explosives
Other incendiary devices capable of producing destructive effect on contiguous
objects or causing injury or death
b. Any person who shall unlawfully tamper, change, deface or erase the seria;
number of any firearm
4. Any person who shall unlawfully repack, alter or modify the composition of any
lawfully manufactured explosives
PEOPLE v LADJAALAM 2000 No penalty for illegal possession, it is absorbed in an offense which
may carry a heavier penalty. Conviction for illegal possession may be evaded on conviction for illegal
possession by committing lighter offense, like alarms and scandals.

Act
Illegal possession only no other crime

Other crimes, except murder or homicide

Murder or homicide

RA 8294 LAW PENALIZING ILLEGAL POSSESSION OF FIREARMS AND

EXPLOSIVES
Scope of unlicensed firearms
Firearms with expired license, or
Unauthorized use of licensed firearm in the commission of the crime
Acts punished
1. Unlawful manufacture, sale, acquisition or disposition of firearms and ammunitions
2. Unlawful manufacture, sale, acquisition or disposition of explosives

Rebellion or insurrection, sedition,

attempted, coup detat

What is the crime?

Illegal possession
Illegal possession is not a separate
offense. It is not an aggravating
circumstance. Offender is free from
charges of illegal conviction
Murder or homicide with a special
aggravating circumstance of illegal
possession
Rebellion or insurrection, sedition, or
attempted coup detat. Illegal possession
is absorbed as an element of it

Carrying of firearms outside ones residence during Gun Ban, 2 crimes are committed
1. Violation of PD 1866
2. Violation of resolution on gun ban
High powered firearm those firearms with firing capability of full automatic and by
burst of two or three.
Possession of machinery, tools or instrument used directly for manufacture of firearms
and ammunitions gives rise to a presumption of illegal manufacture of it

 If crime is committed with the use of explosives, detonation agents or incendiary

device resulted to death of any person it is an aggravating circumstance
Ownership of the firearm or ammunition is not a defense
PEOPLE v VERCHEZ June 15, 1994 Holding of 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 Rodolfos 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.
Possession to convict one under PD 1866 one where the accused possessed a firearm either
physically or constructively with animus possidendi or intention to possess it.

RA 7080 AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER read

page 117 ateneo notes
Possible offenders
1. Public officer
2. Any private person in conspiracy with the public officer
Ill gotten wealth amounts to 50M and above plunder coverage
If there is plunder and malversation, only one information shall be filed because
malversation is absorbed in plunder
RA 1379 on forfeiture of ill gotten wealth creates a presumption juris tantum. There is
a presumption against the public officer or employee who acquires a property grossly
disproportionate to his income, that the property is unlawfully acquired. It may be
rebutted by contrary evidence.
REPUBLIC v IAC April 17, 1989 In determining whether there is unexplained wealth or not, the
courts are not bound by the statement of assets and liabilities filed by the respondent.

RA 9372 HUMAN SECURITY ACT OF 2007

Terrorism is the commission of a person of any act punishable under any of the
following provisions of the RPC
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 134A 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
Or Under
7. PD 1613 The Law on Arson
8. RA 6969 Toxic Substance and Hazardous Nuclear Waster Control Act of
1990
9. RA 5207 Atomic Energy Regulatory and Liability Act of 1968
10. RA 6235 Anti-Hijacking Law
11. PD 532 Anti-Piracy and Anti-highway Robbery Law of 1974
12. PD 1866, as amended (Decree Codifying the Law on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives
Thereby sowing and creating 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

Penalty = 40 years imprisonment without benefit of Parole

Who are considered terrorist and outlawed organizations, associations or group

of persons?
Any organization, association or group of persons organized for the purpose of
engaging in terrorism or although not organized for such purpose, actually uses
the acts to terrorize mentioned in this act 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 an unlawful demand.
If evidence of guilt is not strong, he may be granted bail but shall
be subject to travel restrictions that he may only travel within the
city or municipality where he resides or where the case is
pending
Such person may be placed under house arrest by court order at
his usual place of residence. When under house arrest he may
not use any items as a means of communication with people
outside the residence until ordered by the court.
Sec 4. Conspiracy to commit terrorism
There is conspiracy when two or more persons come to an agreement
concerning the commission of the crime of terrorism and decide to commit the
same

Penalty = 40 years imprisonment

Sec 5. Accomplice
Penalty = 17 years, 4 months one day to 20 years of imprisonment
Sec 6. Accessory
Who may be an accessory/

+ Any person who has knowledge of the commission of the crime of terrorism or
conspiracy to commit terrorism, and without having participated therein, either as
principal or accomplice under articles 17 and 18 RPC, takes part subsequent to its
commission in any of the following manner
a. by profiting himself of assisting the offender to profit by the effects of
the crime
b. by concealing or destroying the body of the crime, or the effects, or
instrument thereof in order to prevent its discovery
c. by harboring, concealing or assisting in the escape of the principal or
conspirator of the crime
Notwithstanding the above, the penalties for accessories shall not be imposed
upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within
the same degree, with the single exception of accessories falling within the
provision of subpar a
Penalty = 10 years 1 days to 12 years of imprisonment

Sec 7. Surveillance of Suspects and interception and recording of communications

GR : RA 4200 Anti-wire tapping Law may be set aside if in pursuance to surveillance of
suspects and interception and recording of communications of terrorists order from CA
required
EXC Communications between
1. lawyers and clients
2. doctors and patients
3. journalists and their sources and confidential business correspondence
Judicial authorization
Requisites for judicial authorization by CA
i.
there is probable cause to believe based on personal knowledge of
facts or circumstances that the said crimes of terrorism or conspiracy
to commit terrorism has been committed or is being committed, or is
about to be committed
ii.
there is probable cause to believe based on personal knowledge of
the 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 crimes will be obtained
iii.
there is no other effective means readily available for acquiring such
evidence

Effective period = based on the length of time specified in the written order
but shall not exceed 30 days from receipt of written order. May be extended only
once but shall not exceed 30 days, provided that it is for public interest.

Custody of intercepted and recorded communications

Deposited to the CA within 48 hours after expiration of the period fixed in a
sealed package with joint affidavit of the police officers, law enforcement
officials and members of his team.
- False or untruthful statements or misrepresentation of material facts in
the joint affidavit shall be punishable under this act.
It shall be considered a classified information.
- Unauthorized revelation of classified materials is punishable under this
act.
To open the sealed package, a written application shall be made to the CA

Any person who corrupts or destroys the data shall be liable

Evidentiary value of deposited materials

It is admissible against anybody in any judicial, legislative, administrative
investigation, inquiry proceeding or hearing
UNLESS - the same was procured in violation of the Act . In such case, the
aggrieved party may be allowed access to the sealed package and use the
contents thereof as evidence in the prosecution of the law enforcement officers who
tapped the same.
Period of detention without judicial warrant of arrest
3 days from the moment the charged or suspected person has been
apprehended, arrested, detained or taken into custody.
The law enforcers shall present the suspected person before any judge at the
suspects residence or any office nearest the place where the arrest took place
before such person be detained
The arrested person shall be afforded the rights of the accused right to
counsel, etc.
No threat, intimidation, coercion or an act which will inflict any form of physical
pain, torment, mental, moral or psychological pressure that will vitiate free-will
shall be made on the arrested person
OTHERWISE any evidence obtained from the said person shall be absolutely
inadmissible in any proceeding.
Judicial authorization required to examine bank deposits, accounts and records
Application thereof shall be filed in the CA
Scope of the authorization given
i.
Examine, or cause the examination of the deposits, placements,
trusts, accounts, assets and records in a bank or financial
institution
ii.
Gather or cause the gathering of any relevant information about
such deposits, placements, trust accounts, assets and records
from a bank or financial institution
Persons whose bank accounts, etc. may be examined
1.
Those charges or suspected of the crime of terrorism or
conspiracy to commit terrorism
2.
Those judicially declared and outlawed terrorist organization,
association or group of persons and its members
Effective period = same period in judicial authorization for judicial authorization
for warrant of arrest
Rule on custody of information same rule applies for custody of recordings,
intercepted information, etc as stated above.
Rule on evidentiary value same as above.
Bank officials and employees or member of the Board or financial institution who
refuses to allow the examination of deposits, placements, trust accounts, assets
and records in defiance of a court authorization shall be held liable.
Seizure and Sequestration
The following may be seized and sequestered for the reason that it is inimical to
safety and security of the people or injurious to the interest of the State
i.
Deposits
ii.
Outstanding balances
iii.
Placements

iv.
Trust accounts
v.
Assets
vi.
Records in any bank or financial institutions
vii.
Moneys
viii.
Businesses
ix.
Transportation
x.
Communication equipment, supplies and implements
xi.
Property of whatever kind and nature belong to the terrorist
BUT accused upon authorization from the court may withdraw amounts for the
following
1. Reasonable needs of his family or counsel
2. Medical needs of his family
3. Use of property
Nature of seized, sequestered and frozen accounts it is a property held in trust
by the bank or financial institution for such person. During the pendency of the
case, the government may use or dispose the same subject to the approval of
the court.
Disposition of the funds
If accused is acquitted the seizure, sequestration and freezing
of the same is automatically lifted
If convicted automatically forfeited in favor of the government
Unjustified refusal or delay in the restoration of the items shall be punishable
under this act.
Loss, misuse, diversion or dissipation of the items shall be punishable
Infidelity in the Custody of detained persons
Deliberate act, misconduct or excusable negligence of public officer thus
causing or allowing the escape of detained persons is punishable under this act.
Trial proper
There shall be a continuous trial from Monday to Friday
Acquittal of accused or dismissal of the case shall not be a bar to another
prosecution for any offense or felony under the RPC or other special laws
necessarily included in the offense charged
Damages of 500K per day for unproven charges of terrorism where the accused
was arrested without a warrant as a result of such accusation. Criminal or
administrative charges may also be filed against the law enforcers.
Commission on Human Rights
Highest priority shall be given to the investigation and prosecution of violations
of civil and political rights of persons in relation to the implementation of this act.
Concurrent jurisdiction to prosecute public officials, law enforcer and other
persons who have violated the civil and political rights of the accused.

RA 9208 LAW ON TRAFFICKING IN PERSONS

Acts covered
1. To recruit, transport, transfer; harbor, provide, or receive a person 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.

3.

4.
5.
6.
7.
8.

To introduce or match for money, profit, or material, economic or other

consideration, any person or, as provided for under Republic Act No. 6955, 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
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 or slavery, involuntary servitude or debt
bondage
To undertake or organize tours and travel plans consisting of tourism packages
or activities for the purpose of utilizing and offering persons for prostitution,
pornography or sexual exploitation
To maintain or hire a person to engage in prostitution or pornography
To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage
To recruit, hire, adopt, transport or abduct a person, by means of threat or use
of force, fraud, deceit, violence, coercion, or intimidation for the purpose of
removal or sale of organs of said person and
To recruit, transport or adopt a child to engage in armed activities in the
Philippines or abroad.

Acts that promote trafficking

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 counseling
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 of information technology and the internet, of any brochure, flyer, or any
propaganda material that promotes trafficking in persons
4. To assist in the conduct of misrepresentation or fraud for purposes 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
Who may file a complaint for trafficking?

Venue
a.
b.
c.

Any person who has personal knowledge of the commission of any offense
which includes
i.
Trafficked person
ii.
Parents
iii.
Spouse
iv.
Siblings
v.
Children
vi.
Legal guardian
where the offense was committed
where any of the elements occurred
where the trafficked person actually resides at the time of 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
Any person who buys or engages the services of a trafficked person for
prostitution is also penalized
A foreigner shall be deported after serving his sentence and shall be
permanently barred from entering the country
Trafficked person who institutes a separate civil action for the recovery of civl
damages exempt from payment of docket fee
All proceeds and properties derived from the commission of the crime shall be
forfeited in favor of the government
UNLESS If it belongs to 3rd persons who are not liable for the unlawful act
Trafficked persons are recognized as victim of trafficking and shall not be
penalized for the crimes directly related to trafficking.
Consent of trafficked person is irrelevant

Trafficking in persons refers to 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 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.

PD 1653 MENDICANCY
Persons liable
1. Mendicant those with no visible and legal means of support, or lawful employment
and physically able to work but neglects to apply himself to lawful calling and instead
uses begging as means of living higher penalty if convicted 2 or more times
2. Any person who abets mendicancy by giving alms on public roads, sidewalks, parks
and bridges except if given through authorized organized agencies

Persons below 18 years of age is exempt from prosecution under PD 1653 and
sniffing of rugby under PD 1619

RA 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT

Persons liable
1. Any public officer
2. Any person having family or close personal relation with any public official who shall
capitalize or exploit or take advantage of such family or close personal relation by
directly or indirectly requesting or requesting or receiving any present, gift or
material, or pecuniary advantage from any person having some business, transaction,
application, request or contract with the government in which such official has to
intervene
3. Any person who shall knowingly induce or cause any public official to commit such
offenses
4. Spouse or any relative by consanguinity or affinity within the 3rd civil degree of the
President, Vice-President, President of the Senate or Speaker of the HR who shall
intervene directly or indirectly, in any business transaction, contract or application with
the government
Does not apply to
a. any person who, prior to the assumption of office of any of the above
officials to whom he is related, has been already dealing with the
government along the same line of business
b. any transaction, contract or application already existing or pending at the
time of such assumption of public office
c. any application filed by him, the approval of which is not discretionary on
the part of the officials concerned but depends upon compliance with
requisites provided by law, or rules or regulations issued pursuant to law
d. any act lawfully performed in an official capacity or in the exercise of a
profession
5. Any member of the Congress, during the term for which he has been elected, who
shall acquire or receive any personal pecuniary interest in any specific business

6.
7.

enterprise which shall be directly and particularly favored or benefited by any law or
resolution authored by him previously approved o adopted by Congress during his
term
Any public officer who recommended the initiation in Congress of an enactment or
adoption of a law or resolution and acquires or receives such interest during his
incumbency
Any public officer who shall fail to file a true and detail sworn statement of assets
and liabilities within 30 days after assuming office and thereafter on or before April
15 following the close of the calendar year and upon the expiration of his term of
office or upon his resignation or separation from office

Acts punished
1. 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 influence to commit such offense
Persuasion need not be successful.
2. Directly or indirectly requesting or receiving any gift, presence, share, percentage or
benefit for himself or for any other person in connection with any contract or
transaction between the government and ay other party wherein the public officer in
his official capacity has to intervene under the law
3. 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
If the act does not fall under 2 and 3, the crime is direct bribery
4. Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him or within one year after its
termination
This act is mala prohibita. Thus, the public officer need not have recommended
the employment
5. Using any undue injury to any party including the Government, or giving any private
party any unwarranted benefits, advantages or preference in the discharge of
official, administrative or judicial function through manifest partiality, evident bad faith
or gross inexcusable negligence.
a. Applies to officers and employees of offices or government corporations
charged with the grant of licenses or permits or other concessions
b. Best defense partiality is not manifest
c. Arias doctrine this defense applies in a case where the accused is an
approving officer and is on trial for signing an unjust contract. The defense
that the approving officer relied on the prior signatures of his subordinates
and had no reason to suspect wrong-doing and was swamped with a lot of
documents on that day that he signed
d. No attempted or frustrated stage only consummated stage
6. 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
7. Entering, on behalf of the Government, into contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will
profit thereby

8.

Directly or indirectly having financial or pecuniary interest in any business, contract, or

transaction in connection with which he intervenes or take part in his official capacity,
or in which he is prohibited by the Constitution or by any law from having any interest
he must divest his interest
9. 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 the approval, even if he
votes against the same or does not participate in the action of the board, committee,
panel or group
10. 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
11. 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
Prima Facie evidence of and dismissal due to unexplained wealth
1. If a public official has been found to have acquired during his incumbency, whether in
his name or in the name of other persons, an amount of property or money manifestly
out of proportion to his salary and to his other lawful income
2. Properties in the name of the spouse and dependents of such public official may be
taken into consideration, when their acquisition through legitimate means cannot be
satisfactorily shown
3. Bank deposits in the name of or manifestly excessive expenditures incurred by the
public official, his spouse or any of their dependents including but not limited to
activities in any club, association or any ostentatious display of wealth including
frequent travel abroad of a non-official character by any public official when such
activities entail expenses evidently out of proportion to legitimate income

Under the jurisdiction of Sandiganbayan

Prescriptive period is 15 years, except unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary token of gratitude of friendship
according to local customs or usage
A public officer shall not be allowed to resign or retire pending an investigation
Suspension while pending in court after valid information cannot be automatic and the
loss of benefits if convicted by final judgment; maximum duration of the suspension is
90 days. In case of acquittal, reinstatement and salaries and benefits which he failed to
received
Courts are not bound by the statement of assets and liabilities filed
Penalty of forfeiture can be applied retroactively

RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees

Public office is a public trust.

Main points of the law accountability to the people and public interest over
private interest.
Emphasis on conflict of interest
Public Officer elective, appointive, permanent, temporary, whether in the
career or non-career service including military and police personnel, whether or
not receiving compensation.

In RA 3019, the public officer must be receiving compensation no matter how

nominal, whereas in RA 6713, he may not be a compensated PO.
The offense does not include gifts that are unsolicited which are of nominal
value, not given in anticipation of or in exchange of a favor from a PO.
Family shall include spouses and children below 18 years old. Relatives shall
include those related to the PO within the 4 th civil degree of affinity or
consanguinity
Conflict of interest arises when a PO is a member of a board, an officer or
stockholder of a private corporation or owner or has substantial interest in a
business and the interest of such corporation of business, or his rights or
duties therein, may be opposed to or affected by the faithful performance of
official duty.
Norms and conduct Professionalism, Justice and Sincerity, Simple Living,
Professionalism, Political Neutrality, Responsiveness to the public,
Nationalism and Patriotism, Commitment to public interest and commitment to
democracy.
Duties of public officers
1. Act promptly on letters and requests
2. Submit annual performance reports
3. Process documents and paper expeditiously
4. Act immediately on the publics personal transactions
5. Make documents more accessible to the public
Prohibited acts and transactions
1. Financial and material interest. - Public officials and employees shall
not, directly or indirectly, have any financial or material interest in any
transaction requiring the approval of their office.
2. Own, control, manage or accept employment as officer, employee,
consultant, counsel, broker, agent, trustee or nominee in any private
enterprise regulated, supervised or licensed by their office unless
expressly allowed by law 1 year prohibition applies
3. Engage in the private practice of their profession unless authorized by
the Constitution or law, provided, that such practice will not conflict or
tend to conflict with their official functions 1 year prohibition only
applies to those in connection with any matter before the office he
used to be with
4. Recommend any person to any position in a private enterprise which
has a regular or pending official transaction with their office. 1 year
prohibition applies
5. Disclosure and/or misuse of confidential information to further
private interest, give undue advantage to another or to the prejudice
of public interest
6. Solicitation or acceptance of gift
Allowed undertakings Gifts or grants from foreign government, the Congress
consents to
1. The acceptance and retention by a public official or employee of a gift
of nominal value tendered and received as a souvenir or mark of
courtesy
2. The acceptance by a public official or employee of a gift in the nature
of a scholarship or fellowship grant or medical treatment; or

3. The acceptance by a public official or employee of travel grants or

expenses for travel taking place entirely outside the Philippine of more
than nominal value if such acceptance is appropriate or consistent with
the interests of the Philippines, and permitted by the head of office,
branch or agency to which he belongs.
Teaching of law by a member of the judiciary allowed by law, provided that
a permit is acquired from the office of the court administrator.
In case of Conflict of Interest
1. Resignation in any private business enterprise within 30 days from his
assumption of office, or
2. Divest his shareholdings or interest within 60 days from assumption,
except
a. Those who serve the government in an honorary capacity
b. Laborers and casual or temporary workers
Ombudsman can dismiss employees even without criminal proceedings.
Private individuals who participate in conspiracy as co-principals,
accessories or accomplices may be held liable under RA 6713.

RA 6539 Anti-Carnapping Act

Carnapping is the taking, within intent to gain, of a motor vehicle belonging yo another
without the latters consent, or be means of violence, intimidation of persons or force
upon things.
Motor vehicle shall be used in public highways. It may be one of the exempt motor
vehicles but if used in public highways, it is carnapping.
Exempt vehicles
1. Used in public highways
2. Propelled by muscular power
3. Runs on trails and tracks
4. Used exclusively for agricultural purposes
If there is a resulting death by reason of carnapping, crime is carnapping not carnapping
with homicide. It also includes the crime of rape.
People v Tan January 21, 2000 - There is no carnapping because the owner consented to
the test drive of the car and such consent was not withdrawn.

RA 1379 An Act Declaring Forfeiture in Favor of the State any Property Found to be
unlawfully acquired Unexplained wealth

It is an administrative proceeding not a criminal prosecution. No penal sanction

but there is a penalty but involving a past act.
It creates a presumption juris tantum against unexplained wealth of PO.

Republic vs IAC and Simplicio Berdon

G.R. No. 74225. April 17, 1989
The Court has carefully gone over the evidence presented by
private respondents, and like the trial court and the Intermediate
Appellate Court, finds the acquisition of the subject properties
satisfactorily explained.
While respondent spouses had acquired properties and
constructed a house the costs of which were disproportionate to
their combined incomes from their employment in the
government, it had been proved that such were financed through a
donation and loans.
The Solicitor General also makes much of the fact that the
statements of assets and liabilities filed by private respondent
Simplicio Berdon covering the years material to the case did not
accurately reflect the donation and the loans granted to private
respondent spouses and that Simplicio's testimony in effect
contradicts the entries in said statements. It must be emphasized,
however, that in determining whether or not there is unexplained
wealth within the purview of R.A. No. 1379 the courts are not
bound by the statements of assets and liabilities filed by the
respondent.* On the contrary, this statute affords the respondent
every opportunity to explain, to the satisfaction of the court, how
he had acquired the property in question [Sec. 5, R.A. No. 1379.]
In sum, the presumption under Sec. 2 of R.A. No. 1379 that
the subject properties were unlawfully acquired had been
successfully rebutted by private respondents through competent
evidence. Hence, the Intermediate Appellate Court did not err in
affirming the trial court's decision dismissing the Republic's
petition.
The provisions of the law creates a presumption against
the public officer or employee who acquires a property grossly
disproportionate to his income, i.e. that the property was
unlawfully acquired. However, this presumption is juris tantum. It
may be rebutted by the public officer or employee by showing to
the satisfaction of the court that his acquisition of the property
was lawful.

force upon things, so long as the taking is without the consent of the
owner/breed thereof. The crime includes the killing or taking the meat or
hide of large cattle without the consent of the owner.
Since the intent to gain is not essential, the killing or destruction of
large cattle, even without taking any part thereof, is NOT a crime of malicious
mischief BUT cattle-rustling.
The Presidential Decree, however, does not supersede the crime of
qualified theft of large cattle under Article 310 of the Revised Penal Code, but
merely modified the penalties provided for theft of large cattle and, to that
extent, amended Articles 309 and 310. Note that the overt act that gives rise
to the crime of cattle-rustling is the taking or killing of large cattle. Where the
large cattle was not taken, but received by the offender from the
owner/overseer thereof, the crime is not cattle-rustling; it is qualified theft of
large cattle.
Where the large cattle was received by the offender who thereafter
misappropriated it, the crime is qualified theft under Article 310 if only
physical or material possession thereof was yielded to him. If both material
and juridical possession thereof was yielded to him who misappropriated the
large cattle, the crime would be estafa under Article 315 (1b).
Presidential Decree No. 533 is not a special law in the context of
Article 10 of the Revised Penal Code. It merely modified the penalties
provided for theft of large cattle under the Revised Penal Code and amended
Article 309 and 310. This is explicit from Section 10 of the Presidential
Decree. Consequently, the trial court should not have convicted the accused
of frustrated murder separately from cattle-rustling, since the former should
have been absorbed by cattle-rustling as killing was a result of or on the
occasion of cattle-rustling. It should only be an aggravating circumstance.
But because the information did not allege the injury, the same can no longer
be appreciated; the crime should, therefore be only, simple cattle-rustling.
(People v. Martinada, February 13, 1991)

PD 533
ANTI-CATTLE RUSTLING LAW

Presumption of cattle rustling (Sec. 7)

Every person having in his possession, control or custody of large
cattle shall, upon demand by competent authorities, exhibit the documents
prescribed in the preceding sections. Failure to exhibit the required
documents shall be prima facie evidence that the large cattle in his
possession, control, or custody are the fruits of the crime of cattle rustling

Cattle Rustling and Qualified Theft of Large Cattle - The crime of

cattle-rustling is defined and punished under Presidential Decree No. 533, the
Anti-Cattle Rustling law of 1974, as the taking by any means, method or
scheme, of any large cattle, with or without intent to gain and whether
committed with or without violence against or intimidation of person or

Penalties (Sec. 8)
Irrespective of the value of the large cattle involved:
1. Without violence against or intimidation of persons or force upon
things - prision mayor in its maximum period to reclusion temporal in its
medium period

2. With violence against or intimidation of person or force upon

things - the penalty of reclusion temporal in its maximum period to reclusion
perpetua shall be imposed.
3. If a person is seriously injured or killed as a result or on the
occasion of the commission of cattle rustling - reclusion perpetua to death

THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL

MUSEUM
Q: Mr. X took property from the national museum, what is the crime
committed?
A: the crime is theft of property of the national library or national museum,
not theft only. Reason: this is no ordinary theft, the penalty is higher.

If the property taken is a large cattle the crime falls under PD 533. If the
property taken is not a large cattle (but small cattle) then it is simple theft.
Large Cattle = does not include goats (Pp vs. NAZARENO, infra) and pigs.
PEOPLE vs. HON. RAMON NAZARENO
G.R. No. L-40037. April 30, 1976
The legal issue in this case is whether the theft of two goats valued at
one hundred fifty pesos is qualified theft.
Private respondents were charged with qualified theft in Cebu for
having allegedly stolen two female goats valued at P150, penalized under
the RPC.
The Supreme Court ruled that goats cannot be categorized as
large and therefore larceny of two goats valued at P150.00 constitute only
simple theft punishable under Article 309(4) of the Revised Penal Code,
We hold that the CFI and the Sol. Gen. are in error because the
theft of two goats is not qualified theft. It is simple theft. Goats do not
belong to the category of "large cattle" as contemplated in article 310 of
the Revised Penal Code.
The term "cattle" refers to domesticated quadrupeds such as
sheep, horses and swine, or to bovine animals such as cows, bulls and
steers. The term "large cattle" in article 310 refers to ganado mayor such
as mules, as distinguished from ganado menor like sheep. Small cattle are
known as ganado lanar y cabrio. The terms lanar and cabrio refer to sheep
and goats, respectively.
Act No. 2030, which amended articles 503, 508, 512 and 520 of the
old Penal Code regarding theft of large cattle, provides that for purposes
of that law the term "large cattle" includes "carabaos, horses, mules,
asses, and all members of the bovine family" (Art. 367 of the Revised Penal
Code repealed Act No. 2030).
According to the dictionary, the word "bovine" refers to animals related
to or resembling oxen or cows. They belong to the genus Bos (Bovidae).
While goats may be included in the term "cattle", or belong to the bovine
family (genus Capra), they cannot be included in the term "large cattle". To
include goats in the term "large cattle" would render meaningless the
adjective "large". The law evidently has made a distinction between large
cattle and small cattle.
As goats cannot be categorized as large cattle, the larceny of two goats
valued at P150 is simple theft punishable under article 309(4) of the
Revised Penal Code by imprisonment for two months and one day of
arresto mayor medium to two years and four months of
prision
correccional minimum.

ARTICLE 311

RA 6235 ACTS INIMICAL TO CIVIL AVIATION

Sec. 1. It shall be unlawful for any person to compel a change
in the course or destination of an aircraft of Philippine registry, or
to seize or usurp the control thereof, while it is in flight.
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.
It shall likewise be unlawful for any person to compel an
aircraft of foreign registry to land in Philippine territory or to seize
or usurp the control thereof while it is within the said territory.
x
x
x
Sec. 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.