Professional Documents
Culture Documents
Procedure for
determination of basis of
application
Specific act protected
Effectivity
Penalty for violation
BPO
Punong Barangay or
Barangay Kagawad in
case of absence
Ex parte
TPO
Family Court
RTC/MTC w
territorial juri
over place of
residence of p
Notice and he
Threatening / Attempting
to cause physical harm
(Sec 5 a&b)
15 days
Imprisonment of 30 days
without prejudice to any
other criminal or civil
action
Any, some or
reliefs mentio
the Act
30 days
Contempt of
without preju
any other crim
civil action
Criminal Liability
Exempt but intervention program
Exempt but intervention program
Criminal liability but diversion
program
18 above
Criminal liability
Reckoning point: time of commission of offense
Procedure:
1. Determination of Age
2. Ascertainment of Criminal Liability based on Age and
Discernment
3. Discharge of the CICL
If child is 15 and below, the authority, in consultation with the
local social welfare and development officer has to release the
child to the custody of:
1. parents/guardian/nearest relative
2. duly registered non-governmental or religious organization /
barangay official / local social welfare and development
officer
3. DSWD
Child deemed Neglected Child and mandatorily placed in a
special facility within the Bahay Pag-Asa called the Intensive
Juvenile Intervention and Support Center if he/she is 12-15
and commits:
1. Kidnapping and serious illegal detention victim is killed
or raped
2. Infanticide
3. Murder
4. Parricide
5. Carnapping driver/occupant is killed or raped
6. Destructive Arson
7. Robbery with homiced or rape
8. Rape
9. Drugs offenses punishable by more than 12 years
imprisonment
Diversion:
1. If imposable penalty is < 6 years imprisonment law
enforcement officer / Punong Barangay shall conduct
mediation, family conferencing, conciliation
2. Victimless crimes where the imposable penalty is < 6 years
imprisonment local social welfare and development officer
shall develop diversion and rehabilitation program
3. Imposable penalty > 6 years imprisonment diversion
measures ay be resorted to only by the court
Diversion may be conducted at all levels and phases of the
proceedings.
The child in diversion shall present himself to the competent
authorities at least once a month for reporting and evaluation.
Failure to comply with the terms and conditions of diversion
shall give the offended party the option to institute the
appropriate legal action.
The period of prescription of the offense shall be suspended
during the effectivity of the diversion program but not
exceeding 2 years.
Automatic Suspension of Sentence
- child under 18 found guilty
- civil liability determined
- instead of pronouncing conviction, court shall place
CICL under suspended sentence without need of
application
- even if >18 at the time of pronouncement of guilt
Discharge of CICL
Probation
1 year
6 years
Twice the perio
Acts Punishable:
1. Knowing at the time of issue that funds are insufficient
Elements:
Piracy attack upon or seizure of any vessel, or the taking
a. issues check
away of the whole or part thereof or its cargo, equipment or
b. dishonored due to lack/insufficiency of funds or account
the personal belongings of its complement or passengers by
closed
means of violence against or intimidation of persons or force
c. written notice of dishonor and demand for payment (from
upon things, committed by any person, including a passenger
payee)
or member of the complement of said vessel, in Philippine
d. refuses or fails to pay within 5 banking days
waters.
- it must be shown that accused knew of the insufficiency of
funds at the time the check was issued
Highway Robbery/Brigandage seizure of any person for
2. Failure to keep sufficient funds for 90 days
ransom, extortion or other unlawful purposes, or the taking
Elements:
away of the property of another by means of violence against
a. issues check
or intimidation of person or force upon things , committed by
b. sufficient funds upon issuance of check
any person on any Philippine Highway.
c. failure to keep sufficient funds if check is presented within
Acts Punishable
Penalties 90 days from date appearing thereon
d. dishonor
Piracy
RT med max
e. refuses or fails to pay within 5 banking days
Piracy with physical injuries or other crimes
RP
Piracy with rape/murder/homicide
RP / LI
Piracy and the offenders:
RP / LI Issuing check whose payment is refused for insufficiency of
funds when presented within 90 days from the date of the
1. abandoned the victims without means of saving
check prima facie evidence of knowledge of insufficiency of
themselves
funds.
2. seized the vessel by firing upon or boarding it
Highway Robbery / Brigandage
RT min Exceptions:
If maker or drawer (a) pays the holder within 5 banking days;
Highway Robbery / Brigandage with physical injuries or
RT med max
(b) makes arrangements for payments within 5 banking days
other crimes
Highway Robbery / Brigandage with kidnapping for
ransom or extortion, or murder or homicide, or rape
Accomplice is any person who:
1. Knowingly aids or protects pirates or highway robbers /
brigands
2. Acquires or receives property taken
3. Abets the commission directly or indirectly
PD 1612: Anti-Fencing Law
Fencing act of any person who with intent to gain for
himself or for another, shall deal with any item which he
knows, or should have known, to have been derived from
robbery or theft.
Presumption of Fencing: mere possession of any item which
has been the subject of robbery or theft.
Exception: Possession of Clearance or Permit to sell used
second hand articles
Elements:
1. Robbery or theft
RP / LI
5 days make arrangements to pay
90 days maintain sufficient funds to destroy presumption of
knowledge of insufficiency of funds
180 days if not enchased will make the check stale
payment of the check before filing of information no
criminal liability
payment of check after filing of information not exonerate
accused
RA 6539: Anti-Carnapping Act
Carnapping taking with intent to gain, of motor vehicle
belonging to another without the latters consent , or by means
of violence against or intimidation of persons, or by using
force upon things.
Elements:
1. Actual taking
2. Intent to gain
3. Vehicle belongs to a person other than offender
- it is not necessary that the person unlawfully divested of the
property be the owner