Child Abuse

Child Abuse
Maltreatment, whether habitual or not, of the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a
child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of
his growth and development or in his permanent incapacity or death

Circumstances which gravely threaten or endanger the survival and normal development of children"
include, but are not limited to, the following;
(1) Being in a community where there is armed conflict or being affected by armed conflict-related
activities;
(2) Working under conditions hazardous to life, safety and normal which unduly interfere with their
normal development;
(3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents
or a guardian or basic services needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or living under conditions of extreme
poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services
needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the life, safety or normal
development of children

Child Prostitution
Children, whether male or female, who for money, profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution and other sexual abuse.
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not
limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to
engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in
prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age,
the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be.
(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment
serving as a cover or which engages in prostitution in addition to the activity for which the license has been
issued to said establishment.

Attempt To Commit Child Prostitution

Any person who, not being a relative of a child, is found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle
or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that
the child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution when any person is receiving services from a child
in a sauna parlor or bath, massage clinic, health club and other similar establishments.

Child Trafficking
Any person who shall engage in trading and dealing with children including, but not limited to, the act
of buying and selling of a child for money, or for any other consideration, or barter.

Attempt to Commit Child Trafficking

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance
issued by the Department of Social Welfare and Development or written permit or justification from the
child's parents or legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits women or couples to bear
children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any
other person simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child
trafficking.

Graft and Corrupt Practices

Corrupt practices of public officers

In addition to acts or omissions of public officers already penalized by existing law, the following shall
constitute corrupt practices of any public officer and are hereby declared to be unlawful:
(a) 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 influenced to commit such
violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the Government
and any other part, wherein the public officer in his official capacity has to intervene under the law.
(c) 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, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government corporations charged with the grant of
licenses or permits or other concessions.
(f) 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.
 (g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or transaction
in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited
by the Constitution or by any law from having any interest.
(i) 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 such approval, even if he votes against the same or does not participate in the
action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which
they belong.
(j) 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.
(k) 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.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c);
or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the
divulging or untimely release of the confidential information referred to in subparagraph (k) of this section
shall, together with the offending public officer, be punished under Section nine of this Act and shall be
permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form
with the Government.

Prima Facie Evidence

If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventy-
nine, 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 and/or money manifestly out of proportion to his salary and to his
other lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of the spouse
and unmarried children of such public official may be taken into consideration, when their acquisition through
legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the
enforcement of this section, notwithstanding any provision of law to the contrary.

Plunder

Definition

Plunder (sec. 2)
Any public officer who, by himself or in connivance with members of his family, relatives by
affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or
acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section
1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall
be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who
participated with the said public officer in the commission of an offense contributing to the crime of
plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of
participation and the attendance of mitigating and extenuating circumstances, as provided by the
Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten
wealth and their interests and other incomes and assets including the properties and shares of stocks
 derived from the deposit or investment thereof forfeited in favor of the State. (as amended by R. A.
7659)

Ill-gotten Wealth (section 1(d))

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.

Nature of the Crime

Mala in se (needs intent)

Meaning of

Combination
At least two (2) acts falling under different categories of enumerauon provided in Sec. 1, par. (d),
e.g., raids on the public treasury in Sec. 1, par. (d), subpar. (1), and fraudulent conveyance of assets belonging
to the National Government under Sec. 1, par. (d), subpar. (3).

Series
There must be two (2) or more overt or criminal acts falling under the same category of
enumeration found in Sec. 1, par. (d)

Pattern
a 'pattern' consists of at least a combination or series of overt or criminal acts enumerated in
subsections (1) to (6) of Sec. 1 (d). Secondly, pursuant to Sec. 2 of the law, the pattern of overt or criminal acts
is directed towards a common purpose or goal which is to enable the public officer to amass, accumulate
or acquire ill-gotten wealth. And thirdly, there must either be an 'overall unlawful scheme' or 'conspiracy'
to achieve said common goal. As commonly understood, the term 'overall unlawful schenle' indicates a 'general
plan of action or method' which the principal accused and public officer and others conniving with him follow
to achieve the aforesaid common goal. In the alternative, if there is no such overall scheme or where the
schemes or methods used by multiple accused,vary, the overt or criminal acts nlust form part of a conspiracy to
attain a common goal.
Prescription
The crime punishable under this Act shall prescribe in twenty (20) years. However, the right of the State
to recover properties unlawfully acquired by public officers from them or from their nominees or transferees
shall not be barred by prescription, laches, or estoppel.