HUMAN SECURITY ACT
Municipal city, provincial or regional
Q: What are the component crimes of
Terrorism?
A: Under the RPC
1. Piracy in general and Mutiny in the high
seas or in the Philippine Waters.
2. Rebellion or insurrection
3. Coup d’ etat including acts committed by
private persons
4. Murder
5. Kidnapping and serious illegal detention
6. Crimes involving destruction
Under Special Laws
1. Law on Arson
2. Toxic substance and Hazardous and
Nuclear Waste Control
3. Atomic energy regulatory and liability act
of 1968
4. Anti-Hijacking Law
5. Anti-Piracy and Anti Highway Roberry Law
of 1974
6. Illegal possession of firearms
Q: What are the 2 Essential
requisites/characteristics of Terrorism?
A:
1. The act committed sows and creates a
condition of widespread and extraordinary
fear and panic among the populace; and
2. The act was committed in order to coerce
the government to give in to an unlawful
demand.
Note: The benefit of Parole under the
indeterminate sentence law is NOT applicable to
persons convicted under this act.
SITUATION: In palawan, 2 women were
kidnapped. Will this constitute terrorism?
In this case, you have to ask yourself, did that act
sowed a widespread fear and panic among the
populace? If not then it will not constitute terrorism
but mere kidnapping.
Note: The crimes comitted in Marawi is –
Rebellion
Because the purpose of which is
1. Rising publicly
2. Taking arms against the government
3. For the purpose of removing from the
allegiance to said government, the
territory of the Republic of the Philippines
or any part thereof.
Q: Supposing no Search Warrant after
surveillance you ascertained that there was
terrorism what shall you do?
A: GR: Any police or law enforcement personnel
who has taken custody of a person charged or
suspected of the crime of terrorism or conspiracy
to commit terrorism, shall DELIVER said charged
person to the proper judicial authority WITHIN 3
DAYS counted from the moment of arrest.
XPN: In the event of actual or imminent terrorist
attack, suspects may be detained for more than 3
days upon written approval of:
1.
official of Human Rights Commission
2. Judge of MTC, RTC, SB
3. Justice of CA nearest the place of arrest.
NOTE: Surveillance of suspects and interception
and recording of communication (Sec 7) Not
withstanding RA 4200 ( Anti-wiretapping law) a
Police or law enforcement official and members of
his team may, upon written order of the CA, listen
to, intercept and record any communication
between members of a judicially declared and
outlawed terrorist organization or group of persons
or of any persons charged with or suspected of
the crime of terrorism or conspiracy to commit
terrorism.
NOTE: for organizations like NPA, to be charged
with Terrorism, the court have to declare a group
as a terrorist organization.
(Section 17)
Upon application by DOJ before a competent
RTC, with due notice and opportunity to be heard
given to said group, said RTC shall declare the
following organization, association or group of
persons as a terrorist or outlawed organization,
association or group of persons:
1. Organized for the purpose of engaging in
terrorism; or
2. Although not organized for that purpose,
actually uses the acts to terrorize or to
sow and create a condition of widespread
and extraordinary fear and panic among
the populace in order to coerce the
government into an unlawful demand.
AMLA (ANTI MONEY LAUNDERING ACT OF
2001 (RA 9194)
Money Laundering
It is a crime whereby the proceeds of an unlawful
activity are transacted and made to appear to
have originated from legitimate source.
Covered Transactions
- any form of deposits
It is a transaction in cash or other equivalent
monetary instrument involving a total amount in
excess of P500,000 that is done with the covered
institution within 1 banking day.
Suspicious Transactions
It is a transaction with covered institutions,
regardless of the amount involved, where any of
the following circumstances exist:
1. There is no underlying legal or trade
obligation, purpose or economic
justification for that transaction
2. The clien cannot be properly identified
3. The amount involved is not commensurate
with the business or financial capacity of
the client;
4. Taking into account all known
circumstances, it may be perceived that
the client’s transaction is structure in order
to avoid being the subject of reporting
requirement under the act;
 5. Any circumstances relating to the
transaction which is observed to deviate
from the profile of the client and/or the
client’s past transactions with the covered
institutions;
6. The transaction is in a way related to an
unlawful activity or offense under this Act
that is about to be, is being or has been
committed;
7. Or any transactions similar or analogous
to the forgoing.
BP 22 BOUNCING CHECKS LAW
This has a separte legislative policy or intent than
estafa.
Acts Punishable
1. Any person who makes or draws and
issues any check to apply on account or
for value, KNOWING at the time of issue
that he does not have sufficient funds in or
credit with the drawee bank for the
payment of such check in full upon
presentment.
2. Any person who, having sufficient funds in
or credit with the drawee bank when he
makes or draws and issues a check, shall
FAIL TO KEEP sufficient funds or to
maintain a credit to cover the full amount
of the check if presented within a period of
90 days from the date appearing thereon,
for which reason is dishonored.
Estafa
(Art. 315)
- any person who shall defraud another by
any of the means and methods mentioned
below shall be punished.
1. With unfaithfulness or abuse of confidence,
namely:
(a) By altering the substance, quantity, or quality
or anything of value which the offender shall
deliver by virtue of an obligation to do so, even
though such obligation be based on an immoral or
illegal consideration.chanrobles virtual law library
(b) By misappropriating or converting, to the
prejudice of another, money, goods, or any other
personal property received by the offender in trust
or on commission, or for administration, or under
any other obligation involving the duty to make
delivery of or to return the same, even though
such obligation be totally or partially guaranteed
by a bond; or by denying having received such
money, goods, or other property.
(c) By taking undue advantage of the signature of
the offended party in blank, and by writing any
document above such signature in blank, to the
prejudice of the offended party or of any third
person.
2. By means of any of the following false
pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending
to possess power, influence, qualifications,
property, credit, agency, business or imaginary
transactions, or by means of other similar
deceits.chanrobles virtual law library
(b) By altering the quality, fineness or weight of
anything pertaining to his art or business.
(c) By pretending to have bribed any Government
employee, without prejudice to the action for
calumny which the offended party may deem
proper to bring against the offender. In this case,
the offender shall be punished by the maximum
period of the penalty.
(d) [By post-dating a check, or issuing a check in
payment of an obligation when the offender
therein were not sufficient to cover the amount of
the check. The failure of the drawer of the check
to deposit the amount necessary to cover his
check within three (3) days from receipt of notice
from the bank and/or the payee or holder that said
check has been dishonored for lack of
insufficiency of funds shall be prima facie
evidence of deceit constituting false pretense or
fraudulent act. (As amended by R.A. 4885,
approved June 17, 1967.)]
(e) By obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant,
boarding house, lodging house, or apartment
house and the like without paying therefor, with
intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn,
restaurant, boarding house, lodging house, or
apartment house by the use of any false pretense,
or by abandoning or surreptitiously removing any
part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment
house after obtaining credit, food, refreshment or
accommodation therein without paying for his
food, refreshment or accommodation.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to
sign any document.chanrobles virtual law library
(b) By resorting to some fraudulent practice to
insure success in a gambling game.chanrobles
virtual law library
(c) By removing, concealing or destroying, in
whole or in part, any court record, office files,
document or any other papers.
PD 532 – ANTI PIRACT AND ANTI HIGHWAY
ROBBERY
Q: A vessel is docked in Manila Bay?
- It would seem that robbery only if it is
commited within internal waters however,
crimes committed in any body of water,
including rivers therein shall be
considered as Piracy even if it is internal
waters.
 - All irrespective of its breadth and accummulating or acquiring ill gotten wealth in the
dimension are considered as Philippine aggregate amount of at least 50 Million.
waters.
IMPORTANT CHARACTERISTICS:
a. Philippine Waters. It shall refer to all bodies of
water, such as but not limited to, seas, gulfs, bays
1. Minimum threshold is at least is P50M; If
around, between and connecting each of the
below P50M only bribery
Islands of the Philippine Archipelago, irrespective 2. The acquisition is through series or
of its depth, breadth, length or dimension, and all combination of acts.
other waters belonging to the Philippines by
historic or legal title, including territorial sea, the
NOTE:
sea-bed, the insular shelves, and other submarine
- It is a means or scheme to acquire Ill-
areas over which the Philippines has sovereignty
gotten wealth
or jurisdiction.
- It should involve government money

b. Vessel. Any vessel or watercraft used for

transport of passengers and cargo from one place
to another through Philippine Waters. It shall
include all kinds and types of vessels or boats
used in fishing.
c. Philippine Highway. It shall refer to any road,
street, passage, highway and bridges or other
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,
articles, or property or both.
d. 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 of its complement 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 and punished as hereinafter provided.
e. 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 person or force upon things of other
unlawful means, committed by any person on any
Philippine Highway.
HIGHWAY ROBBERY
NOTE: any Philippine Highway
e. 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 person or force upon things of other
unlawful means, committed by any person on any
Philippine Highway.
PLUNDER
It is a crime committed by any public officer, by
himself or in connivance with his family, relatives
by affinity or consanguinity, business associates,
subordinates or other persons by ammassing,
“Ill-gotten wealth” means any asset, property,
business enterprise or material possession of any
person within the purview of Section Two (2)
hereof, acquired by him directly or indirectly
through dummies, nominees, agents,
subordinates and/or business associates by any
combination or series of the following means or
similar schemes:
1) Through misappropriation, conversion,
misuse, or malversation of public funds or
raids on the public treasury;
2) By receiving, directly or indirectly, any
commission, gift, share, percentage,
kickbacks or any other form of pecuniary
benefit from any person and/or entity in
connection with any government contract
or project or by reason of the office or
position of the public officer concerned;
3) By the illegal or fraudulent conveyance
or disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or instrumentalities
or government-owned or -controlled
corporations and their subsidiaries;
4) By obtaining, receiving or accepting
directly or indirectly any shares of stock,
equity or any other form of interest or
participation including promise of future
employment in any business enterprise or
undertaking;
5) By establishing agricultural, industrial or
commercial monopolies or other
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interests; or
6) By taking undue advantage of official
position, authority, relationship,
connection or influence to unjustly enrich
himself or themselves at the expense and
to the damage and prejudice of the
Filipino people and the Republic of the
Philippines
Note: These should be committed by a
combination or through a series of acts. There
should be at least 2 acts; otherwise the accused
should be charged with the particular crime
committed and not with plunder.
Combination - at least 2 acts of DIFFERENT
category
Series – at least 2 acts of the SAME category
Napoles was convicted of plunder because there
was a conspiracy; and the component crime is
punishable under RPC.
SALN
WHAT IS A SALN?--
SALN stands for Statement of Assets,
Liabilities, and Net Worth. It is a declaration of
assets (i.e., land, vehicles, etc) and liabilities (i.e.,
loans, debts, etc), including business and financial
interests, of an official/employee, of his or her
spouse, and of his or her unmarried children under
18 years old still living in their parents’
households. The submission of a SALN is
required by law under Article XI Section 17 of the
1987 Constitution and Section 8 of Republic Act
No. 6713, the “Code of Conduct and Ethical
Standards for Public Officials and Employees.” It
includes a waiver authorizing the Ombudsman or
his authorized representatives to attain documents
that may show assets, liabilities, net worth,
business interests, and financial connections from
all appropriate government agencies.
The SALN must be filed:
1. “within thirty (30) days after assumption of
office;
2. “on or before April 30, of every year
thereafter; and
3. “within thirty (30) days after separation
from the service.“
WHO NEEDS TO FILE A SALN?
All public officials and employees, whether regular
or under temporary status, are required to file a
SALN. (Art. XI Sec. 17 of the 1987 Philippine
Constitution)
“A public officer or employee shall, upon
assumption of office and as often thereafter as
may be required by law, submit a declaration
under oath of his assets, liabilities, and net worth.
“In the case of the President, the Vice-President,
the Members of the Cabinet, the Congress, the
Supreme Court, the Constitutional Commissions
and other constitutional offices, and officers of the
armed forces with general or flag rank, the
declaration shall be disclosed to the public in the
manner provided by law.”
Administrative Code of 1987, Book 1, Chapter 9,
Sec. 34
“A public officer or employee shall upon
assumption of office and as often thereafter as
may be required by law, submit a declaration
under oath of his assets, liabilities, and net worth.”
DRUGS
Chain of Custody
Section 21(a) of RA 9165. It states:
(a) The apprehending office/team having initial
custody and control of the drugs shall,
inm1ediately after seizure and confiscation,
physically inventory and photograph the same in
the presence of the accused or the person/s from
whom such items were confiscated and/or seized,
or his/her representative or counsel, a
representative from the media and the Department
of Justice (DOJ), and any elected public official
who shall be required to sign the copies of the
inventory and be given a copy thereof: Provided,
that the physical inventory and photograph shall
be conducted at the place where the search
warrant is served; or at the nearest police station
or at the nearest office of the apprehending
officer/team, whichever is practicable, in case of
warrantless seizures; Provided, further that non-
compliance with these requirement" under
justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly
preserved by the apprehending officer/team, shall
not render void and invalid such seizures of and
custody over said items;
In Mallillin v. People the Court explained the chain
of custody rule as follows:
As a method of authenticating evidence, the chain
of custody rule requires that the admission of an
exhibit be preceded by evidence sufficient to
support a finding that the matter in question is
what the proponent clain1s it to be. It would
include testimony about every link in the
chain, from the moment the item was picked
up to the time it is offered into evidence, in
such a way that every person who touched the
exhibit would describe how and from whom it
was received, where it was and what happened
to it while in the witness' possession, the
condition in which it was received and the
condition in which it was delivered to the next
link in the chain. These witnesses would then
describe the precautions taken to ensure that
there had been no change in the condition of the
item and no opportunity for someone not in the
chain to have possession of the same. (Emphasis
supplied)
The first link in the chain is the marking of the
seized drug. We have previously held that:
x x x Marking after seizure is the starting point in
the custodial link, thus it is vital that the seized
contraband are immediately marked because
succeeding handlers of the specimen will use the
markings as reference. The marking of the
evidence serves to separate the marked evidence
from the corpus of all other similar or related
evidence from the time they are seized from the
accused until they are disposed of at the end of
the criminal proceedings, obviating switching,
'planting,' or contamination of evidence.
It is important that the seized drugs be
immediately marked, if possible, as soon as they
are seized from the accused.
Furthermore, in People v. Gonzales, the Court
explained that:
The first stage in the chain of custody rule is the
marking of the dangerous drugs or related
items. Marking, which is the affixing on the
dangerous drugs or related items by the
apprehending officer or the poseur-buyer of
his initials or signature or other identifying
signs, should be made in the presence of the
apprehended violator immediately upon
arrest. The importance of the prompt marking
cannot be denied, because succeeding handlers
of dangerous drugs or related items will use the
marking as reference. Also, the marking operates
to set apart as evidence the dangerous drugs or
related items from other material from the moment
they are confiscated until they are disposed of at
the close of the criminal proceedings, thereby
forestalling switching, planting or contamination of
evidence. In short, the marking immediately
upon confiscation or recovery of the
dangerous drugs or related items is
indispensable in the preservation of their
integrity and evidentiary value.
Section 21. Custody and Disposition of
Confiscated, Seized, and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment. – The PDEA shall take
charge and have custody of all dangerous drugs,
plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or
surrendered, for proper disposition in the following
manner:
(1) The apprehending team having initial
custody and control of the drugs shall,
immediately after seizure and
confiscation, physically inventory and
photograph the same in the presence
of the accused or the person/s from
whom such items were confiscated
and/or seized, or his/her
representative or counsel,
- a representative from the media and the
- Department of Justice (DOJ), and any
- elected public official who shall be
required to sign the copies of the inventory
and be given a copy thereof;
(2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs,
controlled precursors and essential
chemicals, as well as
instruments/paraphernalia and/or
laboratory equipment, the same shall be
submitted to the PDEA Forensic
Laboratory for a qualitative and
quantitative examination;
(3) A certification of the forensic laboratory
examination results, which shall be done
under oath by the forensic laboratory
examiner, shall be issued within twenty-
four (24) hours after the receipt of the
subject item/s: Provided, That when the
volume of the dangerous drugs, plant
sources of dangerous drugs, and
controlled precursors and essential
chemicals does not allow the completion
of testing within the time frame, a partial
laboratory examination report shall be
provisionally issued stating therein the
quantities of dangerous drugs still to be
examined by the forensic
laboratory: Provided, however, That a final
certification shall be issued on the
completed forensic laboratory examination
on the same within the next twenty-four
(24) hours;
(4) After the filing of the criminal case, the
Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the
confiscated, seized and/or surrendered
dangerous drugs, plant sources of
dangerous drugs, and controlled
precursors and essential chemicals,
including the instruments/paraphernalia
and/or laboratory equipment, and through
the PDEA shall within twenty-four (24)
hours thereafter proceed with the
destruction or burning of the same, in the
presence of the accused or the person/s
from whom such items were confiscated
and/or seized, or his/her representative or
counsel, a representative from the media
and the DOJ, civil society groups and any
elected public official. The Board shall
draw up the guidelines on the manner of
proper disposition and destruction of such
item/s which shall be borne by the
offender: Provided, That those item/s of
lawful commerce, as determined by the
Board, shall be donated, used or recycled
for legitimate purposes: Provided, further,
That a representative sample, duly
weighed and recorded is retained;
(5) The Board shall then issue a sworn
certification as to the fact of destruction or
burning of the subject item/s which,
together with the representative sample/s
in the custody of the PDEA, shall be
submitted to the court having jurisdiction
over the case. In all instances, the
representative sample/s shall be kept to a
minimum quantity as determined by the
Board;
(6) The alleged offender or his/her
representative or counsel shall be allowed
 to personally observe all of the above
proceedings and his/her presence shall
not constitute an admission of guilt. In
case the said offender or accused refuses
or fails to appoint a representative after
due notice in writing to the accused or
his/her counsel within seventy-two (72)
hours before the actual burning or
destruction of the evidence in question,
the Secretary of Justice shall appoint a
member of the public attorney's office to
represent the former;
(7) After the promulgation and judgment in
the criminal case wherein the
representative sample/s was presented as
evidence in court, the trial prosecutor shall
inform the Board of the final termination of
the case and, in turn, shall request the
court for leave to turn over the said
representative sample/s to the PDEA for
proper disposition and destruction within
twenty-four (24) hours from receipt of the
same; and
(8) Transitory Provision: a) Within twenty-
four (24) hours from the effectivity of this
Act, dangerous drugs defined herein
which are presently in possession of law
enforcement agencies shall, with leave of
court, be burned or destroyed, in the
presence of representatives of the Court,
DOJ, Department of Health (DOH) and the
accused/and or his/her counsel, and, b)
Pending the organization of the PDEA, the
custody, disposition, and burning or
destruction of seized/surrendered
dangerous drugs provided under this
Section shall be implemented by the DOH.
Note:
- The official can come from different
barangay or jurisdiction
- If there is a substantial failure to satisfy
the chain of custody, then the court may
acquit the accused.
- Inventory must be made right there and
then
People v. Lim, G.R. No. 23198
NOTE: there has to be an explanation already in
the affidavit of the apprehended why the chain of
custody was not followed.
In People v. Ismael, 18 the accused was acquitted
because "the
prosecution failed to:
1) overcome the presumption of innocence which
appellant enjoys;
(2) prove the corpus delicti of the crime;
(3) establish an unbroken chain of custody of the
seized drugs; and
( 4) offer any explanation why the provisions of
Section 21, RA 9165 were not complied with."
Likewise, in People v. Reyes:
Under the last paragraph of Section 21(a), Article
II of the IRR of R.A. No. 9165, a saving
mechanism has been provided to ensure that not
every case of noncompliance with the procedures
for the preservation of the chain of custody will
irretrievably prejudice the Prosecution's case
against the accused. To warrant the application of
this saving mechanism, however, the Prosecution
must recognize the lapse or lapses, and justify or
explain them. Such justification or explanation
would be the basis for applying the saving
mechanism. Yet, the Prosecution did not concede
such lapses, and did not even tender any token
justification or explanation for them. The failure to
justify or explain underscored the doubt and
suspicion about the integrity of the evidence of the
corpus delicti. With the chain of custody having
been compromised, the accused deserves
acquittal.
Conformably with these disquisitions, I thus
express my full support over the institution by the
ponencia of the following mandatory policies
before a case for violation of R.A. 9165, as
amended by R.A. 10640, may be filed:
1. In the sworn statements/affidavits, the
apprehending/seizing officers must state
their compliance with the requirements of
Section 21 (1) of R.A. No. 9165, as
amended, and its IRR.
2. In case of non-observance of the
provision, the apprehending/seizing
officers must state the justification or
explanation therefor as well as the steps
they have taken in order to preserve the
integrity and evidentiary value of the
seized/confiscated items.
3. If there is no justification or
explanation expressly declared in the
sworn statements or affidavits, the
investigating fiscal must not
immediately file the case before the
court. Instead, he or she must refer the
case for further preliminary investigation in
order to determine the (non) existence of
probable cause.
4. If the investigating fiscal filed the case
despite such absence, the court may
exercise its discretion to either refuse to
issue a commitment order (or warrant of
arrest) or dismiss the case outright for lack
of probable cause in accordance with
Section 5, Rule 112, Rules of Court
Q: Withing what time must you surrender the
item seized in chain of custody?
A: within 24 hours; within 72 hours the drugs
seized must be destroyed.
PLEA BARGAINING
NOTE: Plea bargaining is essentially a judicial
procedure
G.R. No. 226679, ESTIPONA
Challenged in this petition for certiorari and
prohibition1 is the constitutionality of Section 23 of
Republic Act (R.A.) No. 9165, or the
"Comprehensive Dangerous Drugs Act of 2002, "2
which provides:
SEC 23. Plea-Bargaining Provision. - Any person
charged under any provision of this Act regardless
of the imposable penalty shall not be allowed to
avail of the provision on plea-bargaining.
While the power to define, prescribe, and
apportion the jurisdiction of the various courts is,
by constitutional design, vested unto Congress,
the power to promulgate rules concerning the
protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts
belongs exclusively to this Court. Section 5 (5),
Article VIII of the 1987 Constitution reads:
Plea bargaining is a rule of procedure
The Supreme Court's sole prerogative to issue,
amend, or repeal procedural rules is limited to the
preservation of substantive rights, i.e., the former
should not diminish, increase or modify the
latter.38 "Substantive law is that part of the law
which creates, defines and regulates rights, or
which regulates the right and duties which give
rise to a cause of action; that part of the law which
courts are established to administer; as opposed
to adjective or remedial law, which prescribes the
method of enforcing rights or obtain redress for
their invasions."39 Fabian v. Hon. Desierto40 laid
down the test for determining whether a rule is
substantive or procedural in nature.
It will be noted that no definitive line can be drawn
between those rules or statutes which are
procedural, hence within the scope of this Court's
rule-making power, and those which are
substantive. In fact, a particular rule may be
procedural in one context and substantive in
another. It is admitted that what is procedural and
what is substantive is frequently a question of
great difficulty. It is not, however, an
insurmountable problem if a rational and
pragmatic approach is taken within the context of
our own procedural and jurisdictional system.
NOTE: in drugs cases under Section 98. Limited
Applicability of the Revised Penal Code. –
Notwithstanding any law, rule or regulation to the
contrary, the provisions of the Revised Penal
Code (Act No. 3814), as amended, shall not apply
to the provisions of this Act, except in the case of
minor offenders. Where the offender is a minor,
the penalty for acts punishable by life
imprisonment to death provided herein shall
be reclusion perpetua to death.
- it has limited applicability of the RPC; RPC
does not appy therefore, attempted,
frustrated is not applicable.
- XPN: in case of minor offenders.
NOTE: when a special law adopts the technical
nomenclature of the RPC, it shall apply.
PD 1602 – ANTI GAMBLING
GAMBLING – it is a game of CHANCE; a game of
SKILL can also be considered as gambling if there
are bets.
Gambling is any game of scheme, whether upon
chance or skills, wherein wagers consisting of
money, articles of value or representative of value
are at stake or made.
Q: who are liable for gambling under PD1602
A: Even maintainer can now be liable for
gambling.
It is committed by:
1. Any person TAKING PART directly or
indirectly in any illegal or unauthorized
activities or games of cockfighting,
jueteng, or house racing, to include bookie
operations and game fixing numbers,
bingo and other forms of lotteries; cara y
cruz, pompiang, and the like and any
game using dice, black jack, luck nine,
poker, and its derivatives.
2. Any person KNOWINGLY PERMITTING
ANY FORM OF GAMBLING previously
enumerated to be carried on an inhabited
or uninhabited place or in any building,
vessel or other means of transportation
owned or controlled by him;
Elements:
a. That gambling game was carried on in
an inhabited or uninhabited place
b. That the place, building or vessel is
owned and controlled by the offender;
c. That the offender permitted the
carrying on of such game, knowing
that it is a gambling game.
3. Any person knowingly permitting any form
of gambling TO BE CARRIED ON in a
place which has a reputation of gambling
place or where prohibited gambling is
frequently carried on therein, or in a public
government building or barangay hall;
4. The MAINTAINER or CONDUCTOR of
the above gambling schemes
MAINTAINER
- is the person who SET UP and
FURNISHES the means with which to
carry on the gambling game and scheme.
CONDUCTOR
Is the one who manages or carries on the
gambling game or scheme.
5. A government official who is a maintainer,
conductor or banker of the gambling
schemes, or the player, promoter, referee,
umpire, judge or coach in case of game
fixing
 6. Any person who knowingly and without
lawful purpose in any hour of any day,
possesses any lottery list, paper or other
matter containing letters, figures, sings or
symbols pertaining to or in any manner
used in the games of jueteng, etc.
7. Any BARANGAY OFFICIAL who, WITH
KNOWLEDGE of the existence of the
gambling house or place in his jurisdiction
fails to abate the same or take action in
connection therewith; or
8. Any SECURITY officer, security guard,
watchman, private or house detectives of
hotels, villages, buildings, enclosures and
the like which have the reputation of a
gambling place or where gambling
activities are being held.
NOTE: proof that the game took place or is about
to take place is not necessary
ANTI – FENCING LAW
(a) "Fencing" 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 other
manner deal in any article, item, object or anything
of value which he knows, or should be known to
him, to have been derived from the proceeds of
the crime of robbery or theft.
(b) "Fence" includes any person, firm, association
corporation or partnership or other organization
who/which commits the act of fencing.
ANTI – HAZING
- mere presence in the initiation rights, you
will be held liable.
Hazing, as used in this Act, is an initiation rite or
practice as a prerequisite for admission into
membership in a fraternity, sorority or organization
by placing the recruit, neophyte or applicant in
some embarrassing or humiliating situations such
as forcing him to do menial, silly, foolish and other
similar tasks or activities or otherwise subjecting
him to physical or psychological suffering or injury.
The term "organization" shall include any club or
the Armed Forces of the Philippines, Philippine
National Police, Philippine Military Academy, or
officer and cadet corp of the Citizen's Military
Training and Citizen's Army Training. The
physical, mental and psychological testing and
training procedure and practices to determine and
enhance the physical, mental and psychological
fitness of prospective regular members of the
Armed Forces of the Philippines and the Philippine
National Police as approved ny the Secretary of
National Defense and the National Police
Commission duly recommended by the Chief of
Staff, Armed Forces of the Philippines and the
Director General of the Philippine National Police
shall not be considered as hazing for the purposes
of this Act.
The owner of the place where hazing is conducted
shall be liable as an accomplice, when he has
actual knowledge of the hazing conducted therein
but failed to take any action to prevent the same
from occurring. If the hazing is held in the home of
one of the officers or members of the fraternity,
group, or organization, the parents shall be held
liable as principals when they have actual
knowledge of the hazing conducted therein but
failed to take any action to prevent the same from
occurring.
The school authorities including faculty members
who consent to the hazing or who have actual
knowledge thereof, but failed to take any action to
prevent the same from occurring shall be
punished as accomplices for the acts of hazing
committed by the perpetrators.
The officers, former officers, or alumni of the
organization, group, fraternity or sorority who
actually planned the hazing although not present
when the acts constituting the hazing were
committed shall be liable as principals. A fraternity
or sorority's adviser who is present when the acts
constituting the hazing were committed and failed
to take action to prevent the same from occurring
shall be liable as principal.
The presence of any person during the hazing is
prima facie evidence of participation therein as
principal unless he prevented the commission of
the acts punishable herein.
Any person charged under this provision shall not
be entitled to the mitigating circumstance that
there was no intention to commit so grave a
wrong.
CHILD ABUSE LAW
NOTE: Important allegation that the INNER
WORTH of the child is being abused.
ELEMENTS OF A BATTERED WOMEN
(BATTERED WOMAN SYNDROME)
PEOPLE VS GENOSA
A battered woman has been defined as a woman
who is repeatedly subjected to any forceful
physical or psychological behavior by a man in
order to coerce her to do something he wants her
to do without concern for her rights. Battered
women include wives or women in any form of
intimate relationship with men. Furthermore, in
order to be classified as a battered woman, the
couple must go through the battering cycle at least
twice. Any woman may find herself in an abusive
relationship with a man once. If it occurs a second
time, and she remains in the situation, she is
defined as a battered woman.
Battered women exhibit common personality traits,
such as low self-esteem, traditional beliefs about
the home, the family and the female sex role;
emotional dependence upon the dominant male;
the tendency to accept responsibility for the
batterers actions; and false hopes that the
relationship will improve.

More graphically, the battered woman syndrome is
characterized by the so-called cycle of violence,
which has three phases:
(1) the tension-building phase;
(2) the acute battering incident; and
(3) the tranquil, loving (or, at least, nonviolent)
phase.
SECTION 8. Protection Orders.- A protection
order is an order issued under this act for the
purpose of preventing further acts of violence
against a woman or her child specified in Section
5 of this Act and granting other necessary relief.
The relief granted under a protection order serve
the purpose of safeguarding the victim from further
harm, minimizing any disruption in the victim's
daily life, and facilitating the opportunity and ability
of the victim to independently regain control over
her life. The provisions of the protection order
shall be enforced by law enforcement agencies.
The protection orders that may be issued under
this Act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent
protection order (PPO).
Acts of Violence Against Women and Their
Children.- The crime of violence against women
and their children is committed through any of the
following acts:
(a) Causing physical harm to the woman or her
child;
(b) Threatening to cause the woman or her child
physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the woman
or her child to engage in conduct which the
woman or her child has the right to desist from or
desist from conduct which the woman or her child
has the right to engage in, or attempting to restrict
or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force,
physical or other harm or threat of physical or
other harm, or intimidation directed against the
woman or child. This shall include, but not limited
to, the following acts committed with the purpose
or effect of controlling or restricting the woman's or
her child's movement or conduct:
(1) Threatening to deprive or actually depriving
the woman or her child of custody to her/his
family;
(2) Depriving or threatening to deprive the
woman or her children of financial support
legally due her or her family, or deliberately
providing the woman's children insufficient
financial support;
(3) Depriving or threatening to deprive the
woman or her child of a legal right;
(4) Preventing the woman in engaging in any
legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey
or properties, or solely controlling the conjugal
or common money, or properties;
(f) Inflicting or threatening to inflict physical harm
on oneself for the purpose of controlling her
actions or decisions;
(g) Causing or attempting to cause the woman or
her child to engage in any sexual activity which
does not constitute rape, by force or threat of
force, physical harm, or through intimidation
directed against the woman or her child or her/his
immediate family;
(h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that
alarms or causes substantial emotional or
psychological distress to the woman or her child.
This shall include, but not be limited to, the
following acts:
(1) Stalking or following the woman or her child
in public or private places;
(2) Peering in the window or lingering outside
the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on
the property of the woman or her child against
her/his will;
(4) Destroying the property and personal
belongings or inflicting harm to animals or pets
of the woman or her child; and
(5) Engaging in any form of harassment or
violence;
(i) Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or
custody of minor children of access to the
woman's child/children.
NOTE: even publications involving minors will be a
violation of child publication; other forms of child
abuse are actst of lasciviousness or rape.
NOTE: if the child is 12 years old and above, they
shall be punished under the RPC, if the child is
under 12 years old, there is act of lasciviousness.
PHOTO VOYEURISM
Section 1. Short Title. - This Act shall be known
as the "Anti-Photo and Video Voyeurism Act of
2009".
Section 2. Declaration of Policy. - The State
values the dignity and privacy of every human
person and guarantees full respect for human
rights. Toward this end, the State shall penalize
acts that would destroy the honor, dignity and
integrity of a person.
Section 3. Definition of Terms. - For purposes of
this Act, the term:
(a) "Broadcast" means to make public, by any
means, a visual image with the intent that it be
viewed by a person or persons.
(b) "Capture" with respect to an image, means
to videotape, photograph, film, record by any
means, or broadcast.
(c) "Female breast" means any portion of the
female breast.
(d) "Photo or video voyeurism" means 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 area of a person or persons without
the latter's consent, under circumstances in
which such person/s has/have a reasonable
expectation of privacy, or 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 and similar means or device
without the written consent of the person/s
involved, notwithstanding that consent to
record or take photo or video coverage of same
was given by such person's.
(e) "Private area of a person" means the naked
or undergarment clad genitals, public area,
buttocks or female breast of an individual.
(f) "Under circumstances in which a person has
a reasonable expectation of privacy" means
believe that he/she could disrobe in privacy,
without being concerned that an image or a
private area of the person was being captured;
or circumstances in which a reasonable person
would believe that a private area of the person
would not be visible to the public, regardless of
whether that person is in a public or private
place.
Section 4. Prohibited Acts. - It is hereby
prohibited and declared unlawful for any person:
(a) 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/s such as
the naked or undergarment clad genitals,
public area, buttocks or female breast without
the consent of the person/s involved and under
circumstances in which the person/s has/have
a reasonable expectation of privacy;
(b) 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;
(c) 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; or
(d) 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.
The prohibition under paragraphs (b), (c) and (d)
shall apply notwithstanding that consent to record
or take photo or video coverage of the same was
given by such person/s. Any person who violates
this provision shall be liable for photo or video
voyeurism as defined herein.
ANTI TORTURE LAW
Section 1. Short Title. - This Ad shall be known as
the "Anti-Torture Act of 2009".
Section 2. Statement of Policy. - It is hereby
declared the policy of the State:
(a) To value the dignity of every human person and
guarantee full respect for human rights;
(b) To ensure that the human rights of all persons,
including suspects, detainees and prisoners are
respected at all times; and that no person placed
under investigation or held in custody of any
person in authority or, agent of a person authority
shall be subjected to physical, psychological or
mental harm, force, violence, threat or intimidation
or any act that impairs his/her free wi11 or in any
manner demeans or degrades human dignity;
(c) To ensure that secret detention places, solitary,
incommunicado or other similar forms of detention,
where torture may be carried out with impunity, are
prohibited; and
(d) To fully adhere to the principles and standards
on the absolute condemnation and prohibition of
torture as provided for in the 1987 Philippine
Constitution; various international instruments to
which the Philippines is a State party such as, but
not limited to, the International Covenant on Civil
and Political Rights (ICCPR), the Convention on
the Rights of the Child (CRC), the Convention on
the Elimination of All Forms of Discrimination
Against Women (CEDA W) and the Convention
Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT); and all
other relevant international human rights
instruments to which the Philippines is a signatory.
Section 4. Acts of Torture. - For purposes of this
Act, torture shall include, but not be limited to, the
following:
(a) Physical torture is a form of treatment or
punishment inflicted by a person in authority or
agent of a person in authority upon another in
his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or
more parts of the body, such as:
(1) Systematic beating, headbanging,
punching, kicking, striking with truncheon or
rifle butt or other similar objects, and jumping
on the stomach;
(2) Food deprivation or forcible feeding with
spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically
heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on
mucous membranes, or acids or spices directly
on the wound(s);
(5) The submersion of the head in water or
water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and
stressful bodily position;
(7) Rape and sexual abuse, including the
insertion of foreign objects into the sex organ
or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential
parts of the body such as the genitalia, ear,
tongue, etc.;
(9) Dental torture or the forced extraction of the
teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as
sunlight and extreme cold;
(12) The use of plastic bag and other materials
placed over the head to the point of
asphyxiation;
(13) The use of psychoactive drugs to change
the perception, memory. alertness or will of a
person, such as:
(i) The administration or drugs to induce
confession and/or reduce mental competency;
or
(ii) The use of drugs to induce extreme pain or
certain symptoms of a disease; and
(14) Other analogous acts of physical torture;
and
(b) "Mental/Psychological Torture" refers to
acts committed by a person in authority or
agent of a person in authority which are
calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such
as:
(1) Blindfolding;
(2) Threatening a person(s) or
his/fher relative(s) with bodily harm,
execution or other wrongful acts;
(3) Confinement in solitary cells or
secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show
trial", public display or public
humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a
person deprived of liberty from one
place to another, creating the belief
that he/she shall be summarily
executed;
(7) Maltreating a member/s of a
person's family;
(8) Causing the torture sessions to be
witnessed by the person's family,
relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as
stripping the person naked, parading
him/her in public places, shaving the
victim's head or putting marks on
his/her body against his/her will;
(11) Deliberately prohibiting the victim
to communicate with any member of
his/her family; and
(12) Other analogous acts of
mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading
Treatment or Punishment. - Other cruel, inhuman
or degrading treatment or punishment refers to a
deliberate and aggravated treatment or
punishment not enumerated under Section 4 of
this Act, inflicted by a person in authority or agent
of a person in authority against another person in
custody, which attains a level of severity sufficient
to cause suffering, gross humiliation or
debasement to the latter. The assessment of the
level of severity shall depend on all the
circumstances of the case, including the duration
of the treatment or punishment, its physical and
mental effects and, in some cases, the sex,
religion, age and state of health of the victim.