2D Special Penal Laws  
HUMANITARIAN AND HUMAN RIGHTS LAW (continued from Midterms)
- To willfully access any form of child pornography;
- To conspire to commit any of the prohibited acts stated in this
Child Pornography (RA 9775) section.
Child Pornography: ​visual, audio or written representation by electronic, - To possess any form of child pornography.
mechanical, digital, optical, magnetic or any means, of a child
engaged/involved in real or simulated explicit sexual activities (​Sec 3​​) Who may file complaint:
- Offended party,
Child is also referred to as: (Sec 3) - guardian/parents,
- a person regardless of age who is presented, depicted or portrayed - ascendant/collateral relative within 3rd degree of consanguinity,
as a child as defined herein; - officer/social worker of licensed child-caring institution
- computer-generated, digitally or manually crafted images or - officer / social worker of DSWD
graphics of a person who is represented or who is made to appear - Local social welfare development officer
to be a child as defined herein. - Barangay chairman
- - Any law enforcement officer
Acts Prohibited by the Law (Sec 4) - At least 3 concerned responsible citizens in the place where
- To hire, employ, use, persuade, induce or coerce a child to perform violation occurred
in the creation or production of any form of child pornography; - Anyone with personal knowledge of circumstances of the
- To produce, direct, manufacture or create any form of child commission of any of the offense in this act
pornography;
- To publish, offer, transmit, sell, distribute, broadcast, advertise, Duty of different groups/companies
promote, export or import any form of child pornography; Internet Service Provider (ISP) (Sec 9)
- To possess any form of child pornography with the intent to sell, - They shall notify PNP or NBI within 7 days from obtaining
distribute, publish or broadcast: Provided, That possession of three facts and circumstances that any form of child
(3) or more articles of child pornography of the same form shall be pornography is being committed using its server or facility.
prima facie evidence of the intent to sell, distribute, publish or - They shall give evidence for investigation and prosecution
broadcast; by relevant authorities
- To knowingly, willfully and intentionally provide a venue for the - All ISPs shall install available technology, program or
commission of prohibited acts such as, but not limited to, dens, software to ensure that access to or transmittal of any
private rooms, cubicles, cinemas, houses or in establishments form of child pornography will be blocked or filtered
purporting to be a legitimate business Mall Owners/Operators and Owners or Lessors of Other
- For lm distributors, theaters and telecommunication companies, by Business Establishments (Sec 10)
themselves or in cooperation with other entities, to distribute any - shall notify the PNP or the NBI within seven (7) days from
form of child pornography; obtaining facts and circumstances that child pornography
- For a parent, legal guardian or person having custody or control of is being committed in their premises PROVIDED
a child to knowingly permit the child to engage, participate or assist - public display of any form of child pornography within their
in any form of child pornography; premises is a conclusive presumption of the knowledge of
- To engage in the luring or grooming of a child; the mall owners/operators and owners or lessors of other
- To engage in pandering of any form of child pornography;
 
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business establishments of the violation of this Act, - If the offender is a ​juridical person, the penalty shall be imposed
PROVIDED FURTHER upon the owner, manager, partner, member of the board of
- disputable presumption of knowledge by mall directors and/or any responsible officer who participated in the
owners/operators and owners or lessors of other business commission of the crime or shall have knowingly permitted or failed
establishments is established if, through the exercise of to prevent its commission;
ordinary diligence, mall owners/operators and owners or - If the offender is a ​foreigner​​, he/she shall be immediately deported
lessors of other business establishments should know or after the complete service of his/her sentence and shall forever be
reasonably know that a violation of this Act is being barred from entering the country; and
committed in their premises. - The penalty provided for in this Act shall be imposed in its
Internet Content Host maximum duration if the offender is a ​public officer or employee.
- Not host any form of child pornography on its internet Court orders confiscation and forfeiture of all proceeds, tools and
address instruments used in the commission of the crime in favor of the
- Within seven (7) days, report the presence of any form of government for the proper implementation of this act.
child pornography, as well as the particulars of the person When the proceeds, tools and instruments used in the commission of
maintaining, hosting, distributing or in any manner the offense have been destroyed, diminished in value or otherwise
contributing to such internet address, to the proper rendered worthless by any act or omission, directly or indirectly, of the
authorities; and offender, or it has been concealed, removed, converted or transferred
- Preserve such evidence for purposes of investigation and to prevent the same from being found or to avoid forfeiture or
prosecution by relevant authorities. confiscation, the offender shall be ordered to pay the amount equal to
OTHERS (Sec 10) the value of the proceeds, tools and instruments used in the
- Photo developers, information technology professionals, commission of the offense. (Sec 17)
credit card companies and banks and any person who has
direct knowledge of any form of child pornography
activities shall have the duty to report any suspected child Violence Against Women and Children (RA 9262)
pornography materials or transactions to the proper
authorities within seven (7) days from discovery thereof. OVERVIEW
- Any willful and intentional violation of this provision shall Anti-Violence Against Women and their Children Act of 2004
be subject to the penalty provided under Sec 15 (l) of this (Anti-VAWC Act)
Act ● It is the law penalizing acts of violence against women and their
children as a public crime.
Right to Privacy of a child (Sec 13)
- ensured at any stage of the investigation, prosecution and trial of Violence against women and their children (Sec 3)
an offense under this Act ● Refers to any act or a series of acts
- Protective order protects any form of child pornography that is part ○ Committed by any person against a woman who is his:
of the court records ■ Wife
■ Former wife
Common Penal Provisions (Sec 16) ■ A woman with whom:
- If the offender is a parent, ascendant, guardian, step-parent or ■ The person has or had a sexual or
collateral relative within the third degree of consanguinity or dating relationships
affinity or any person having control or moral ascendancy ■ He has a common child
over the child​​, the penalty provided herein shall be in its maximum ■ Against her child whether legitimate or
duration: Provided, That this provision shall not apply to Section 4 illegitimate, inside or outside the family residence
(g) of this Act; ○ Which result or is likely to result in
■ Physical

 
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■ Sexual ○ Acts causing or attempting to cause the victim to engage

■ Psychological harm or suffering in any sexual activity by force, threat of force, physical or
■ Economic abuse. other harm or threat of physical or other harm or coercion
● It includes threats of the above acts, battery, assault, coercion, ○ Prostituting the woman or child
harassment or arbitrary deprivation of liberty. ● Psychological violence — acts/omissions causing or likely to
cause mental/emotional suffering of the victim; includes, but is not
People protected by the law limited to:
● Women and their children ○ Intimidation
● “Children” means the children of the abused woman, below 18 ○ Harassment
years old, legitimate or illegitimate, or 18 years old and above who ○ Stalking
are incapable of taking care of themselves, including children who ○ Damage to property
are not her biological children but who are under her care. ○ Public ridicule or humiliation
● If the acts are committed in the presence of the woman’s child, or if ○ Repeated verbal abuse and marital infidelity
the woman or child is pregnant, the penalty shall be the maximum ○ Causing or allowing the victim to witness:
period prescribed by law. ■ The physical, sexual or psychological abuse of a
○ Example: the woman’s niece who lives with her is a child member of the family to which the victim belongs
under her care. ■ Pornography in any form
■ Abusive injury to pets or to unlawful or unwanted
Who may be held liable deprivation of the right to custody and/or
● Husbands visitation of common children
● Former husbands ● Economic abuse — acts that make/attempt to make a woman
● Present and former boyfriends or live-in partners financially dependent; includes, but is not limited to the following:
● Those with whom the woman has a common child ○ Withdrawal of financial support or preventing the victim
● Anyone with whom she has/had sexual or dating relationship from engaging in any legitimate profession, occupation,
● Women can also be liable under “sexual or dating relationship” business or activity
○ These are the lesbian partners or former partners of the ■ Except in cases wherein the other spouse/partner
victim. objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code
Included acts (Sec 3) ○ Deprivation or threat of deprivation of financial resources
● Physical violence​​ — acts that include bodily/physical harm and the right to the use and enjoyment of the conjugal,
● Sexual violence — act which is sexual in nature; includes, but is community or property owned in common
not limited to: ○ Destroying household property
○ Rape ○ Controlling the victims' own money or properties or solely
○ Sexual harassment controlling the conjugal money or properties
○ Acts of lasciviousness
○ Treating a woman or her child as a sex object Construction (Sec 4)
○ Making demeaning and sexually suggestive remarks ● Liberal — to promote the protection and safety of victims of
○ Physically attacking the sexual parts of the victim's body violence against women and their children
○ Forcing her/him to watch obscene publications and
indecent shows or forcing the woman or her child to do Punishable acts (Sec 5)
indecent acts and/or make films thereof 1. Causing physical harm to the woman or her child
○ Forcing the wife and mistress/lover to live in the conjugal 2. Threatening to cause the woman or her child physical harm
home or sleep together in the same room with the abuser 3. Attempting to cause the woman or her child physical harm
4. Placing the woman or her child in fear of imminent physical harm

 
2D 3 
 
 
 
 

5. Attempting to compel or compelling the woman or her child to verbal and emotional abuse, and denial of financial support or
engage in conduct which the woman or her child has the right to custody of minor children of access to the woman's child/children
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 Prescriptive Period (Sec 24)
woman's or her child's freedom of movement or conduct by force or ● Acts in Sections 5 (a) to (f) — ​20 years (Nos. 1-6 in punishable
threat of force, physical or other harm or threat of physical or other acts)
harm, or intimidation directed against the woman or child. This shall ​ 0 years (Nos. 7-9 in punishable
● Acts in Sections 5 (g) to (i) — 1
include, but not limited to, the following acts committed with the acts)
purpose or effect of controlling or restricting the woman's or her
child's movement or conduct: Venue (Sec 7)
○ Threatening to deprive or actually depriving the woman or ● RTC designated as Family Court has original jurisdiction over
her child of custody to her/his family cases of VAWC
○ Depriving or threatening to deprive the woman or her ○ In the absence of such court in the place where the
children of financial support legally due her or her family, offense was committed — the case shall be filed in the
or deliberately providing the woman's children insufficient RTC where the crime or any of its elements was
financial support committed at the option of the compliant
○ Depriving or threatening to deprive the woman or her child
of a legal right PROTECTION ORDERS
○ Preventing the woman in engaging in any legitimate Protection Orders, in general (Sec 8)
profession, occupation, business or activity or controlling ● Order issued under this act for the purpose of preventing further
the victim's own money or properties, or solely controlling acts of violence against a woman or her child specified in Sec. 5 of
the conjugal or common money, or properties this Act and granting other necessary relief
6. Inflicting or threatening to inflict physical harm on oneself for the ● Purpose:
purpose of controlling her actions or decisions ○ Safeguarding the victim from further harm
7. Causing or attempting to cause the woman or her child to engage ○ Minimizing any disruption in the victim's daily life
in any sexual activity which does not constitute rape, by force or ○ Facilitating the opportunity and ability of the victim to
threat of force, physical harm, or through intimidation directed independently regain control over her life
against the woman or her child or her/his immediate family ● The provisions of the protection order shall be enforced by law
8. Engaging in purposeful, knowing, or reckless conduct, personally or enforcement agencies
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include, Types of POs (Sec 8)
but not be limited to, the following acts: ● Barangay Protection Order (BPO)
○ Stalking or following the woman or her child in public or ○ Issued by the Punong Barangay
private places ○ If the Punong Barangay is unavailable, by the Kagawad
○ Peering in the window or lingering outside the residence of ○ Ordering the offender to desist from committing or
the woman or her child threatening physical harm to the victim
○ Entering or remaining in the dwelling or on the property of ■ Cannot include support for the woman and her
the woman or her child against her/his will minor children, or custody of minor children
○ Destroying the property and personal belongings or ○ Effective for 15 days and is not extendible
inflicting harm to animals or pets of the woman or her child ● Temporary Protection Order (TPO)
○ Engaging in any form of harassment or violence. ○ Issued by the court on the same day of application
9. Causing mental or emotional anguish, public ridicule or humiliation ○ Can include an order to:
to the woman or her child, including, but not limited to, repeated ■ Stay away from the woman and/or her child or
any family or household member specified in the

 
2D 4 
 
 
 
 

order, and from specific places such as the

woman’s workplace, school of the children days without prejudice the ROC without prejudice to any other criminal
■ Give custody of minor children to the woman to any other criminal or civil action that the offended party may file for
■ Give support to the wife and minor children or civil action that the any of the acts committed
■ The respondent to leave the house temporarily or offended party may file
permanently (if PPO) regardless of who owns for any of the acts
the house
■ Give the woman one car or vehicle Reliefs granted through a PO
■ Surrender firearms ● Prohibition of the respondent from threatening to commit or
■ File a Bond to Keep the Peace committing, personally or through another, any of the acts
○ Effective for 30 days but is extendible or renewable until mentioned in Sec. 5 of the VAWC law (see punishable acts)
the hearings on the PPO are finished and a Decision is ● Prohibition of the respondent from harassing, annoying,
rendered by the court to grant or deny the PPO telephoning, contacting or otherwise communicating with the
● Permanent Protection Order (PPO) petitioner, directly or indirectly
○ Issued by the court after notice and hearing ● Removal and exclusion of the respondent from the residence of the
petitioner
BPO TPO PPO ○ Regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated
As to who may issue
○ And if respondent must remove personal effects from the
residence, the court shall direct a law enforcement agent
GR:​​ Punong Barangay GR:​​ Family court to accompany the respondent has gathered his things and
EXC:​​ Kagawad (must EXC:​​ RTC, MTC, MCTC with territorial escort respondent from the residence
attest to PB’s jurisdiction over the place of residence of the ● Directing the respondent to stay away from petitioner and
absence) petitioner designated family or household member at a distance specified by
the court, and to stay away from the residence, school, place of
As to procedure in determination of the basis of application employment, or any specified place frequented by the petitioner
and any designated family or household member
Ex parte​ determination Notice and hearing ● Directing lawful possession and use by petitioner of an automobile
and other essential personal effects, regardless of ownership, and
As to specific act protected directing the appropriate law enforcement officer to accompany the
petitioner to the residence of the parties to ensure that the
Sections 5(a) and (b) Any, some or all of the Any, some or all of the petitioner is safely restored to the possession of the automobile and
reliefs mentioned in reliefs mentioned in other essential personal effects, or to supervise the petitioner's or
this Act Section 8 respondent's removal of personal belongings
● Granting a temporary or permanent custody of a child/children to
As to effectivity of protection order the petitioner
● Directing the respondent to provide support to the woman and/or
15 days 30 days Effective until revoked her child if entitled to legal support
○ Notwithstanding other laws to the contrary, the court shall
As to penalty for its violation order an appropriate percentage of the income or salary of
the respondent to be withheld regularly by the
Imprisonment of 30 Contempt of court punishable under Rule 71 of respondent's employer for the same to be automatically
remitted directly to the woman

 
2D 5 
 
 
 
 

○ Failure to remit and/or withhold or any delay in the ○ In the absence of which: RTC, MeTC, MTC, MCTC with
remittance of support to the woman and/or her child territorial jurisdiction over the place of residence of the
without justifiable cause shall render the respondent or his petitioner
employer liable for indirect contempt of court
● Prohibition of the respondent from any use or possession of any Mandatory period for acting in applications for POs (Sec 18)
firearm or deadly weapon and order him to surrender the same to ● Failure to act on an application for a protection order within the
the court for appropriate disposition by the court reglementary period specified without justifiable cause shall render
○ Including revocation of license and disqualification to apply the official or judge administratively liable
for any license to use or possess a firearm
○ If the offender is a law enforcement agent, the court shall Legal Separation Cases (Sec 19)
order the offender to surrender his firearm and shall direct ● In cases of legal separation, where violence as specified in this Act
the appropriate authority to investigate on the offender and is alleged, Article 58 of the Family Code shall not apply.
take appropriate action on matter ○ Art 58, FC: An action for legal separation shall in no case
● Restitution for actual damages caused by the violence inflicted be tried before six months shall have elapsed since the
○ Including, but not limited to, property damage, medical filing of the petition
expenses, childcare expenses and loss of income ● The court shall proceed on the main case and other incidents of the
● Directing the DSWD or any appropriate agency to provide petitioner case as soon as possible.
may need ● The hearing on any application for a protection order filed by the
● Provision of such other forms of relief as the court deems petitioner must be conducted within the mandatory period specified
necessary to protect and provide for the safety of the petitioner and in this Act
any designated family or household member
○ Provided petitioner and any designated family or Priority of Application for a PO (Sec 20)
household member consents to such relief ● Ex parte and adversarial hearings to determine the basis of
applications for a protection order under this Act shall have priority
Who may file petition for POs (Sec 9) over all other proceedings
● The offended party ● Barangay officials and the courts shall schedule and conduct
● Parents or guardians of the offended party hearings on applications for a protection order under this Act above
● Ascendants, descendants or collateral relatives within the fourth all other business and, if necessary, suspend other proceedings in
civil degree of consanguinity or affinity order to hear applications for a protection order
● Officers or social workers of the DSWD or social workers of LGUs
● Police officers, preferably those in charge of women and children's Applicability of POs to criminal cases (Sec 22)
desks The foregoing provisions on protection orders shall be applicable in impliedly
● Punong Barangay or Barangay Kagawad instituted with the criminal actions involving violence against women and
● Lawyer, counselor, therapist or healthcare provider of the petitioner their children
● At least 2 concerned responsible citizens of the city or municipality
where the violence against women and their children occurred and Bond to Keep the Peace (Sec 23)
who has personal knowledge of the offense committed ● The Court may order any person against whom a PO is issued to
give a bond to keep the peace, to present two sufficient sureties
Where to apply (Sec 10) who shall undertake that such person will not commit the violence
● Applications for BPOs shall follow the rules on venue under Sec. sought to be prevented.
409 of the LGC of 1991 and its IRRs ○ Should the respondent fail to give the bond as required, he
● An application for a TPO or PPO may be filed in the: shall be detained for a period which shall in no case
○ Family Court in the place of residence of the petitioner exceed 6 months, if he shall have been prosecuted for

 
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acts punishable under Sec. 5(a) to 5(f) and not exceeding

30 days, if for acts punishable under Sec. 5(g) to 5(i). Damages awarded to victims (Sec 36)
● The POs referred to in this Sec. are the TPOs and the PPOs issued ● Any victim of violence under this Act shall be entitled to actual,
only by the courts. compensatory, moral and exemplary damages.

DUTIES AND RIGHTS OTHER PRINCIPLES

Duties of Prosecutors/Court Personnel (Sec 29) VAWC as a Public Crime (Sec 25)
● Communicate with the victim in a language understood by the ● VAWC shall be considered a public offense which may be
woman or her child prosecuted upon the filing of a complaint by any citizen having
● Inform the victim of her/his rights including legal remedies available personal knowledge of the circumstances involving the commission
and procedure, and privileges for indigent litigants of the crime.

Duties of Barangay Officials and Law Enforcers (Sec 30) Battered Woman Syndrome as a Defense (Sec 26)
● Respond immediately to a call for help or request for assistance or ● Victim-survivors who are found by the courts to be suffering from
protection of the victim by entering the necessary whether or not a battered woman syndrome do not incur any criminal and civil
protection order has been issued and ensure the safety of the liability notwithstanding the absence of any of the elements for
victim/s justifying circumstances of self-defense under the RPC
● Confiscate any deadly weapon in the possession of the perpetrator ● In the determination of the state of mind of the woman who was
or within plain view suffering from battered woman syndrome at the time of the
● Transport or escort the victim/s to a safe place of their choice or to commission of the crime, the courts shall be assisted by expert
a clinic or hospital psychiatrists/psychologists
● Assist the victim in removing personal belongs from the house
● Assist the barangay officials and other government officers and Prohibited Defense (Sec 27)
employees who respond to a call for help ● Being under the influence of alcohol, any illicit drug, or any other
● Ensure the enforcement of the POs issued by the Punong Barangy mind-altering substance shall not be a defense under this Act
or the courts
● Arrest the suspected perpetrator wiithout a warrant when any of the Custody of children (Sec 28)
acts of violence defined by this Act is occurring, or when he/she ● The woman victim of violence shall be entitled to the custody and
has personal knowledge that any act of abuse has just been support of her child/children
committed, and there is imminent danger to the life or limb of the ● Children below 7 years old older but with mental or physical
victim as defined in this ActImmediately report the call for disabilities shall automatically be given to the mother, with right to
assessment or assistance of the DSWD, social Welfare Department support, unless the court finds compelling reasons to order
of LGUs or accredited NGOs otherwise
● A victim who is suffering from battered woman syndrome shall not
be disqualified from having custody of her children
Rights of Victims​ (Sec 35) ○ In no case shall custody of minor children be given to the
● To be treated with respect and dignity perpetrator of a woman who is suffering from Battered
● To avail of legal assistance from the PAO or the DOJ or any public woman syndrome
legal assistance office ○
● To be entitled to support services from the DSWD and LGUs Confidentiality of records in VAWC Cases (Sec 44)
● To be entitled to all legal remedies and support as provided for ● All records pertaining to cases of violence against women and their
under the Family Code children including those in the barangay shall be confidential and all
● To be informed of their rights and the services available to them public officers and employees and public or private clinics to
including their right to apply for a PO hospitals shall respect the right to privacy of the victim

 
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● Whoever publishes or causes to be published, in any format, the Mental Health

name, address, telephone number, school, business address, A state of well-being in which the individual realizes one's own abilities
employer, or other identifying information of a victim or an and potentials, copes adequately with the normal stresses of life, displays
immediate family member, without the latter's consent, shall be resilience in the face of extreme life events, works productively and
liable to the contempt power of the court fruitfully, and is able to make a positive contribution to the community

Suppletory Application of RPC to VAWC (Sec 47) Mental Health Condition

● For purposes of this Act, the RPC and other applicable laws, shall A neurologic or psychiatric condition characterized by the existence of a
have suppletory application recognizable, clinically-significant disturbance in an individual's cognition,
emotional regulation, or behavior that reflects a genetic or acquired
NOTES: dysfunction in the neurobiological, psychosocial, or developmental
BAR Q. [2010] processes underlying mental functioning.
Define “Battered Woman Syndrome.”
It refers to a scientifically defined pattern of psychological and behavioral Impairment or Temporary Loss of Decision-Making Capacity
symptoms found in women living in battering relationships as a result of A medically-determined inability on the part of a service user or any other
cumulativ eabuse. person affected by a mental health condition, to provide informed consent.
A service user has impairment or temporary loss of decision-making
What are the three phases of the “Battered Woman Syndrome”? capacity when the service user as assessed by a mental health
The three phases are the following: a) tension-building phase b) acute professional is unable to do the following:
battering incident c)tranquil and loving phase. ● Understand information concerning the nature of a mental health
condition
Would the defense prosper despite the absence of any of the elements ● Understand the consequences of one's decisions and actions on
for justifying circumstances of self-defense under the Revised Penal one's life or health, or the life or health of others
Code? ● Understand information about the nature of the treatment
Yes, R.A. 9262 expressly states that victim-survivors who are found by the proposed, including methodology, direct effects, and possible
courts to be suffering from battered woman syndrome do not incur any side effects; and
criminal and civil liability notwithstanding the absence of any of the elements ● Effectively communicate consent to treatment or hospitalization,
for justifying circumstances of self-defense under the Revised Penal Code. or information regarding one's own condition;.

Additional notes: Informed Consent

ABUSES may BE COMMITTED BY ANOTHER THRU CONSPIRACY. Consent voluntarily given by a service user to a plan for treatment, after a
(SHARICA MARI L. GO-TAN vs.SPOUSES TAN, G.R. No. 168852: full disclosure communicated in plain language by the attending mental
September 30, 2008). health service provider, of the nature, consequences, benefits, and risks of
the proposed treatment, as well as available alternatives
THE CRIME OF VIOLENCE AGAINST WOMEN AND CHILDREN is
considered as a public offense which may be prosecuted upon the filing of a Service User
complaint by any citizen having personal knowledge of the circumstances A person with lived experience of any mental health condition including
involving the commission of the crime. Under express provision of Section persons who require, or are undergoing psychiatric, neurologic or
27 thereof, being under the influence of alcohol, any illicit drug, or any other psychosocial care
mind-altering substance shall not be a defense under this Act.
Rights of Service Users
● All rights guaranteed by the Constitution
Mental Health Act (RA 11036)

 
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● those recognized under the United Nations Universal ● disclosure is required by law
Declaration of Human Rights and the Convention on the or pursuant to an order of the
Rights of Persons with Disabilities court
● all other relevant international and regional human rights ● Express consent of the
conventions and declarations, including the right to: service user
○ Freedom from social, economic, and political ● A life threatening emergency
discrimination exists and disclosure is
○ Exercise all their inherent rights without necessary to prevent harm
discrimination or injury
○ Access to evidence-based treatment of the ● The service user is a minor
same standard and quality, regardless of age, and the attending mental
sex, socioeconomic status, race, ethnicity or health professional
sexual orientation reasonably believes that the
○ Access to affordable essential health and service user is a victim of
social services child abuse
○ Access to mental health services at all levels of ● Disclosure is required in
the national health care system connection with an
○ Access to comprehensive and coordinated administrative, civil, or
treatment aimed at addressing mental health criminal case against a
care needs mental health professional or
○ Access to psychosocial care and clinical worker for negligence or a
treatment breach of professional ethics
○ Humane treatment free from solitary ○ Give informed consent before receiving treatment or
confinement, torture, and other forms of cruel, care, including the right to withdraw such consent
inhumane, harmful or degrading treatment ○ Participate in the development and formulation of the
○ Access to aftercare and rehabilitation psychosocial care or clinical treatment plan
○ Access to adequate information regarding ○ Designate or appoint a person of legal age to act as his
available multidisciplinary mental health or her legal representative
services ■ except in cases of impairment or temporary
○ Participate in mental health advocacy, policy loss of decision-making capacity
planning, and legislation ○ Send or receive uncensored private communication and
○ Confidentiality of all information in whatever receive visitors, legal representative, and
form or medium regarding the service user, representatives from the CHR
any aspect of the service user's mental health, ○ Legal services, through competent counsel of the
or any treatment or care received by the service user's choice
service user ■ In case the service user cannot afford the
■ information shall not be disclosed to services of a counsel, the Public Attorney's
third parties without the written Office, legal aid institution of the service user,
consent of the service user concerned representative's choice, shall assist the service
or the service user's legal user
representative ○ Access to their clinical records
■ XPNs: ■ unless, in the opinion of the attending mental
health professional, revealing such information

 
2D 9 
 
 
 
 

would cause harm to the service user's health ● Administering inhumane, cruel, degrading or harmful treatment
or put the safety of others at risk. not based on medical or scientific evidence
● When any such clinical records are -If the violation is committed by a juridical person, the penalty shall be
withheld, the service user or his or her imposed upon the directors, officers, employees or other officials or
legal representative may contest such persons therein responsible for the offense.
decision with the internal review board -If the violation is committed by an alien, the alien offender shall be
or with the CHR immediately deported after service of sentence.
○ Information, within twenty-four (24) hours of admission -These penalties shall be without prejudice to the administrative or civil
to a mental health facility, of the rights enumerated in liability of the offender, or the facility where such violation occurred.
this section
○ By oneself or through a legal representative, to file with
the appropriate agency, complaints of improprieties, Anti Photo and Video Voyeurism (RA 9995)
abuses in mental health care Prohibited Acts
● Taking photo or video coverage of a person or group of persons
Exceptions on Informed Consent performing sexual acts or any similar activity or capturing an image
● Treatment, restraint or confinement may be administered or of the private area of a person/s such as the naked or
implemented: undergarment clad genitals, public area, buttocks or female breast
○ During psychiatric or neurologic emergencies without the consent of the person/s involved and under
○ impairment or temporary loss of decision-making of the circumstances in which the person/s has/have a reasonable
service user expectation of privacy;
● pursuant to the following safeguards and conditions: ● Copying or reproducing such photo or video or recording of sexual
○ In compliance with the service user's advance directives act or any similar activity with or without consideration;
○ Only to the extent that such treatment or restraint is ● selling or distributing such photo or video or recording of sexual act
necessary (original copy or reproduction);
○ Upon the order of the service user's attending mental ● Publishing, broadcasting, showing or exhibiting the photo or video
health professional coverage or recordings of such sexual act or any similar activity
○ That such involuntary treatment or restraint shall be in through VCD/DVD, internet, cellular phones and other similar
strict accordance with guidelines approved by the means or device.
appropriate authorities
Penalties:
Voluntary Submission of a Drug Dependent ● imprisonment of not less than 3 years but not more than 7
Persons who avail of the voluntary submission provision and persons years and a fine of not less than P100,000.00 but not
charged pursuant to the Comprehensive Dangerous Drugs Act shall more than P500,000.00, or both
undergo an examination for mental health conditions and, if found to have ● juridical person - license or franchise shall be
mental health conditions, shall be covered by the provisions of this Act automatically be deemed revoked and officers, including
the editor and reporter (print media), and the station
Penalties and Punishable Acts manager, editor and broadcaster (broadcast media).
-6 month - 2 years or a fine of P10,000-P200,000, or both, at the ● public officer or employee, or a ​professional -
discretion of the court: administratively liable
● Failure to secure informed consent of the service user, unless it ● alien - deportation proceedings after serving his/her
falls under the exceptions sentence and payment of fines.
● Violation of the confidentiality of information Exemption:
● Discrimination against a person with a mental health condition

 
2D 10 
 
 
 
 

Any peace officer, authorized by a written court order, to use the record or
any copy thereof as evidence in any civil, criminal investigation or trial of the
crime of photo or video voyeurism.

Inadmissibility of Evidence
Any record, photo or video, or copy thereof, obtained or secured by any
person in violation of the preceding sections shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or administrative hearing or
investigation.

Decriminalization of Vagrancy (RA 10158)

Amended Article 202 of RPC:
"Article 202. Prostitutes; Penalty. – For the purposes of this article, women
who, for money or profit, habitually indulge in sexual intercourse or
lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this article shall be
punished by arresto menor or a fine not exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its medium period to prision correccional in
its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the
discretion of the court."

Dismissal of Pending Cases

All pending cases under Art. 202 of the RPC on Vagrancy prior to this Act
shall be dismissed upon effectivity of this Act.
● All persons serving sentence for violation of Art. 202 of the RPC on
Vagrancy prior to this Act shall be immediately released
● Provided​: they are not serving sentence or detained for any other
offense or felony.

 
2D 11 
 
 
 
 

PUBLIC MORALS
services as reasonably assessed is not applied toward the liquidation of the
debt.
Anti-Trafficking in Persons Act of 2003 (RA 9208)
Trafficking in Persons Pornography
The recruitment, transportation, transfer, harboring, or receipt of persons Any representation, through publication, exhibition, cinematography,
with or without the victim's consent or knowledge, within or across national indecent shows, information technology, or by whatever means, of a person
borders by means of threat, or use of force, or other forms of coercion, engaged in real or simulated explicit sexual activities or any representation
abduction, fraud, deception, abuse of power or of position, taking advantage of the sexual parts of a person for primarily sexual purposes.
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 Acts of Trafficking in Persons
person for the purpose of exploitation which includes at a minimum, the ● recruit, transport, transfer; harbor, provide, or receive a person by
exploitation or the prostitution of others or other forms of sexual exploitation, any means
forced labor or services, slavery, servitude or the removal or sale of organs. ○ including those done under the pretext of domestic or
overseas employment or training or apprenticeship
The recruitment, transportation, transfer, harboring or receipt of a child for ○ prostitution, pornography, sexual exploitation, forced labor,
the purpose of exploitation shall also be considered as 'trafficking in persons' slavery, involuntary servitude or debt bondage
even if it does not involve any of the means set forth in the preceding ● introduce or match for money, profit, or material, economic or other
paragraph. consideration, any person
○ to a foreign national, for marriage
Child ○ for the purpose of acquiring, buying, offering, selling or
Person below (18) years of age or over (18) but is unable to fully take care of trading him/her to engage in prostitution, pornography,
or protect him/herself from abuse, neglect, cruelty, exploitation, or sexual exploitation, forced labor, slavery, involuntary
discrimination because of a physical or mental disability or condition. servitude or debt bondage
● offer or contract marriage, real or simulated, for the purpose of
Sex Tourism acquiring, buying, offering, selling, or trading them to engage in
A program organized by travel and tourism-related establishments and prostitution, pornography, sexual exploitation, forced labor or
individuals which consists of tourism packages or activities, utilizing and slavery, involuntary servitude or debt bondage;
offering escort and sexual services as enticement for tourists. This includes ● organize tours and travel plans consisting of tourism packages or
sexual services and practices offered during rest and recreation periods for activities for the purpose of utilizing and offering persons for
members of the military. prostitution, pornography or sexual exploitation;
● maintain or hire a person to engage in prostitution or pornography;
Sexual Exploitation ● adopt or facilitate the adoption of persons for the purpose of
The participation by a person in prostitution, pornography or the production prostitution, pornography, sexual exploitation, forced labor, slavery,
of pornography, in exchange for money, profit or any other consideration or involuntary servitude or debt bondage;
where the participation is caused or facilitated by any means of intimidation ● recruit, hire, adopt, transport or abduct a person, by means of
or threat, use of force, or other forms of coercion, abduction, fraud, threat or use of force, fraud, deceit, violence, coercion, or
deception, debt bondage, abuse of a victim’s vulnerability. intimidation for the purpose of removal or sale of organs of said
person
Debt Bondage ● recruit, transport or adopt a child to engage in armed activities in
The pledging by the debtor of his/her personal services or labor or those of a the Philippines or abroad.
person under his/her control as security or payment for a debt, when the
length and nature of services is not clearly defined or when the value of the Acts that Promote Trafficking in Persons

 
2D 12 
 
 
 
 

● knowingly lease or sublease, use or allow to be used any house, ● offender is an ascendant, parent, sibling, guardian or a person who
building or establishment for the purpose of promoting trafficking in exercises authority over the trafficked person or when the offense is
persons; committed by a public officer or employee
● produce, print and issue or distribute unissued, tampered or fake ● trafficked person is recruited to engage in prostitution with any
counseling certificates, registration stickers and certificates of any member of the military or law enforcement agencies
government agency which issues these certificates and stickers as ● offender is a member of the military or law enforcement agencies
proof of compliance with government regulatory and pre-departure ● by reason or on occasion of the act of trafficking in persons, the
requirements for the purpose of promoting trafficking in persons; offended party dies, becomes insane, suffers mutilation or is
● advertise, publish, print, broadcast or distribute, or cause the afflicted with Human Immunodeficiency Virus (HIV) or the Acquired
advertisement, publication, printing, broadcasting or distribution by Immune Deficiency Syndrome (AIDS).
any means, including the use of information technology and the
internet, of any brochure, flyer, or any propaganda material that Confidentiality
promotes trafficking in persons; ● At any part of investigation, prosecution, trial
● assist in the conduct of misrepresentation or fraud for purposes of ● Law enforcement officers, prosecutors and judges may order a
facilitating the acquisition of clearances and necessary exit closed-door investigation, prosecution or trial whenever necessary to
documents from government agencies that are mandated to ensure a fair and impartial proceeding
provide pre-departure registration and services for departing ● The name and personal circumstances of the trafficked person or of the
persons for the purpose of promoting trafficking in persons; accused, or any other information tending to establish their identities
● facilitate, assist or help in the exit and entry of persons from/to the and such circumstances shall not be disclosed to the public.
country at international and local airports, territorial boundaries and ● When prosecution or trial is conducted behind closed-doors, it shall be
seaports who are in possession of unissued, tampered or unlawful for any editor, publisher, and reporter or columnist in case of
fraudulent travel documents for the purpose of promoting trafficking printed materials, announcer or producer in case of television and radio,
in persons; producer and director of a film in case of the movie industry, or any
● confiscate, conceal, or destroy the passport, travel documents, or person utilizing tri-media facilities or information technology to cause
personal documents or belongings of trafficked persons in publicity of any case of trafficking in persons.
furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate Prosecution of Cases
agencies; and Any person who has personal knowledge of the commission of any offense,
● knowingly benefit from, financial or otherwise, or make use of, the the trafficked person, the parents, spouse, siblings, children or legal
labor or services of a person held to a condition of involuntary guardian may file a complaint for trafficking.
servitude, forced labor, or slavery.
Pertinent Penalties and Sanctions
Qualified Trafficking in Persons ● If the offender is a ​corporation​​, partnership, association, club,
● trafficked person is a child establishment or any juridical person - imposed upon the owner,
● adoption is effected through the "Inter-Country Adoption Act of president, partner, manager, and/or any responsible officer who
1995" and said adoption is for the purpose of prostitution, participated in the commission of the crime or who shall have
pornography, sexual exploitation, forced labor, slavery, involuntary knowingly permitted or failed to prevent its commission
servitude or debt bondage ● If the offender is a ​foreigner - immediately deported after serving
● committed by a syndicate, or in large scale. his sentence and be barred permanently from entering the country;
○ committed by a syndicate if carried out by a group of (3) or ● Any employee or official of ​government agencies who shall issue
more persons or approve the issuance of travel exit clearances, passports,
○ conspiring or confederating with one another. It is deemed registration certificates, counseling certificates, marriage license,
committed in large scale if committed against (3) or more and other similar documents to persons, recruitment agencies,
persons, individually or as a group

 
2D 13 
 
 
 
 

establishments or other individuals or groups, who fail to observe cause a person to believe that if he or she did not enter into or continue
the prescribed procedures and requirement in such condition, he or she or another person would suffer serious
○ be administratively liable, without prejudice to criminal harm or other forms of abuse or physical restraint, or threat of abuse or
liability under this Act harm, or coercion including depriving access to travel documents and
○ concerned government official or employee shall, upon withholding salaries, or the abuse or threatened abuse of the legal
conviction, be dismissed from the service and be barred process.
permanently to hold public office. ● Added: ​Sexual Exploitation
○ retirement and other benefits shall be forfeited. - deception, debt bondage, giving or receiving of payments or
● Conviction by final judgment of the adopter shall result in the benefits to achieve the consent of a person having control over
immediate rescission of the decree of adoption. another person; or in sexual intercourse or lascivious conduct
caused or facilitated by any means as provided in this Act
Prescriptive Period
● trafficking cases shall prescribe in (10) years Sec. 4 Acts of Trafficking in Persons ​(​same with RA 9208​)
● committed by a syndicate or in a large scale as defined under Section 6 ● Added:
shall prescribe in (20) years - To recruit, transport, obtain, transfer, harbor, maintain, offer, hire,
● shall commence to run from the day on which the trafficked person is provide, receive or adopt a child to engage in armed activities in the
delivered or released from the conditions of bondage and shall be Philippines or abroad;
interrupted by the filing of the complaint or information and shall - To recruit, transport, transfer, harbor, obtain, maintain, offer, hire,
commence to run again when such proceedings terminate without the provide or receive a person by means defined in Section 3 of this
accused being convicted or acquitted or are unjustifiably stopped for Act for purposes of forced labor, slavery, debt bondage and
any reason not imputable to the accused. involuntary servitude, including a scheme, plan, or pattern intended
to cause the person either:
(1) To believe that if the person did not perform such labor or
Expanded Anti-Trafficking in Persons Act of 2012 services, he or she or another person would suffer serious harm
(RA 10364) or physical restraint; or
(2) To abuse or threaten the use of law or the legal processes;
Sec. 2 Declaration of Policy​​ (same with RA 9208) and
● Added: United Nations Convention on the Elimination of All Forms of - To recruit, transport, harbor, obtain, transfer, maintain, hire, offer,
Discrimination Against Women provide, adopt or receive a child for purposes of exploitation or
trading them, including but not limited to, the act of baring and/or
Sec. 3 Definition of Terms (​​same with RA 9208​) selling a child for any consideration or for barter for purposes of
● Added: ​Trafficking in Persons exploitation. Trafficking for purposes of exploitation of children shall
- obtaining, hiring, providing, offering, maintaining include:
- adoption of a child for the purpose of exploitation (1) All forms of slavery or practices similar to slavery, involuntary
- when the adoption is induced by any form of consideration for servitude, debt bondage and forced labor, including
exploitative purposes recruitment of children for use in armed conflict;
● Added: ​Forced Labor (2) The use, procuring or offering of a child for prostitution, for the
- including any work or service extracted from any person under the production of pornography, or for pornographic
menace of penalty performances;
● Added: ​Slavery – refers to the status or condition of a person over (3) The use, procuring or offering of a child for the production and
whom any or all of the powers attaching to the right of ownership are trafficking of drugs; and
exercised. (4) The use, procuring or offering of a child for illegal activities or
● Added: ​Involuntary Servitude ​– refers to a condition of enforced and work which, by its nature or the circumstances in which it
compulsory service induced by means of any scheme, intended to

 
2D 14 
 
 
 
 

is carried out, is likely to harm their health, safety or - (b) To produce, print and issue or distribute unissued, tampered or
morals; and fake counseling certificates, registration stickers, overseas
- To organize or direct other persons to commit the offenses defined employment certificates or other certificates of any government
as acts of trafficking under this Act." agency which issues these certificates, decals and such other
markers as proof of compliance with government regulatory and
● Added Sections: pre-departure requirements for the purpose of promoting trafficking
in persons
Sec 4-A. Attempted Trafficking in Persons - (h) To tamper with, destroy, or cause the destruction of evidence,
○ In cases where the victim is a child, any of the following acts shall or to influence or attempt to influence witnesses, in an investigation
also be deemed as attempted trafficking: or prosecution;
(a) Facilitating the travel of a child alone to a foreign country or - (i) To destroy, conceal, remove, confiscate or possess (or attempt)
territory without valid reason therefor and without the required any actual or purported passport or other travel, immigration or
clearance or permit from the Department of Social Welfare and working permit or document, or any other actual or purported
Development, or a written permit or justification from the child's government identification, of any person in order to prevent or
parent or legal guardian restrict (or attempt), without lawful authority, the person's liberty to
(b) Executing, for a consideration an affidavit of consent or a written move or travel in order to maintain the labor or services of that
consent for adoption person; or
(c) Recruiting a woman to bear a child for the purpose of selling the - (j) To utilize his or her office to impede the investigation,
child prosecution or execution of lawful orders
(d) Simulating a birth for the purpose of selling the child
(e) Soliciting a child and acquiring the custody through any means Sec 6. Qualified Trafficking
from hospitals, clinics, nurseries, daycare centers, refugee or ● Amended:
evacuation centers, and low-income families for the purpose of - (d) When the offender is a spouse, an ascendant, parent, sibling,
selling the child guardian or a person who exercises authority over the trafficked
person or committed by a public officer or employee
Sec 4-B. Accomplice Liability - (f) When the offender is a member of the military or law
○ knowingly aids, abets, cooperates in the execution of the offense by enforcement agencies;
previous or simultaneous acts - (g) When by reason or on occasion of the act of trafficking, the
offended party dies, becomes insane, suffers mutilation or is
Sec 4-C. Accessories afflicted with (HIV) or (AIDS);
○ has the knowledge of the commission of the crime, and without - (h) When the offender commits one or more violations of Section 4
having participated therein, as principal or accomplices, take part in over a period of (60) or more days, whether those days are
its commission in any of the following: continuous or not; and
(a) By profiting themselves or assisting the offender to profit by the - (i) When the offender directs or through another manages the
effects of the crime trafficking victim in carrying out the exploitative purpose of
(b) By concealing or destroying the body of the crime or effects or trafficking
instruments thereof, in order to prevent its discovery
(c) By harboring, concealing or assisting in the escape of the Sec 7. Confidentiality (same with RA 9208)
principal of the crime, provided the accessory acts with abuse of his ● Amended:
or her public functions or is known to be habitually guilty of some - Whether prosecution or trial is conducted behind closed-doors or
other crime not, it shall be unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer or producer in
Sec 5. Acts that Promotes Trafficking in Persons case of television and radio, producer and director of a film in case
● Amended: of the movie industry, or any person utilizing tri-media facilities or

 
2D 15 
 
 
 
 

electronic information technology to cause publicity of the name, - (f) Any person who violates Section 7 shall suffer imprisonment of
personal circumstances, or any information tending to establish the (6) years and a fine of not less than (P500,000.00) but not more
identity of the trafficked person except when the trafficked person in than (P1,000,000.00);
a written statement duly notarized knowingly, voluntarily and
willingly waives said confidentiality. Sec 11. Use of Trafficked Persons
● Added: ● Amended:
- Law enforcement officers, prosecutors, judges, court personnel, - Any person who buys or engages the services of a trafficked
social workers and medical practitioners shall be trained on the person for prostitution shall be penalized with the following:
importance of maintaining confidentiality as a means to protect the Provided that the Probation Law shall not apply:
right to privacy of victims and to encourage victims to file complaints (a) Prision Correccional in its maximum period to prision mayor or
(6) years to (12) years imprisonment and a fine of not less than
Sec 8. Initiation and Prosecution of Cases (​​same with RA 9208​) (P50,000.00) but not more than (P100,000.00): Provided that the
● Added: following acts shall be exempted thereto:
(a) Initiation of Investigation – Law enforcement agencies are (1) If an offense under paragraph (a) involves sexual intercourse
mandated to immediately initiate investigation and or lascivious conduct with a child, the penalty shall be reclusion
counter-trafficking-intelligence gathering upon receipt of statements or temporal in its medium period to reclusion perpetua or (17) years
affidavit from victims of trafficking, migrant workers, or their families to (40) years imprisonment and a fine of not less than
who are in possession of knowledge or information about trafficking in (P500,000.00) but not more than (P1,000,000.00);
persons cases. (2) If an offense under paragraph (a) involves carnal knowledge
(c) Affidavit of Desistance – Cases involving trafficking in persons of, or sexual intercourse with, a male or female trafficking victim
should not be dismissed based on the affidavit of desistance executed and also involves the use of force or intimidation, to a victim
by the victims or their parents or legal guardians. Public and private deprived of reason or to an unconscious victim, or a victim
prosecutors are directed to oppose and manifest objections to motions under(12) years of age, the penalty shall be a fine of not less than
for dismissal. (P1,000,000.00) but not more than (P5,000,000.00) and
imprisonment of reclusion perpetua or (40) years imprisonment
Any act involving the means provided in this Act or any attempt thereof with no possibility of parole; except that if a person violating
for the purpose of securing an Affidavit of Desistance from the paragraph (a) knows the person that provided prostitution
complainant shall be punishable under this Act services is in fact a victim of trafficking, the offender shall not be
likewise penalized under this section but under Section 10 as a
Sec 10. Penalties and Sanctions ​(same with RA 9208) person violating Section 4; and if in committing such an offense,
● Amended: the offender also knows a qualifying circumstance for trafficking,
- (c) Any person found guilty of Section 4-B of this Act shall suffer the the offender shall be penalized under Section 10 for qualified
penalty of imprisonment of (15) years and a fine of not less than trafficking. If in violating this section the offender also violates
(P500,000.00) but not more than (P1,000,000.00); Section 4, the offender shall be penalized under Section 10 and, if
applicable, for qualified trafficking instead of under this section;
"In every case, conviction shall cause and carry the automatic (b) ​Deportation​​. – If a foreigner commits any offense described by
revocation of the license or registration of the recruitment agency paragraph (1) or (2) of this section or violates any pertinent
involved in trafficking. The license of a recruitment agency which provision of this Act as an accomplice or accessory to, or by
trafficked a child shall be automatically revoked attempting any such offense, he or she shall be immediately
● Added: deported after serving his or her sentence and be barred
- (e) Any person found guilty of qualified trafficking under Section 6 permanently from entering the country; and
shall suffer life imprisonment and a fine of not less than (c) Public Official. – If the offender is a public official, he or she shall
(P2,000,000.00) but not more than (P5,000,000.00); be dismissed from service and shall suffer perpetual absolute

 
2D 16 
 
 
 
 

disqualification to hold public, office, in addition to any imprisonment ○ imprisonment of not less than six (6) years and one (1) day but not
or fine received pursuant to any other provision of this Act more than eight (8) years,
○ and a fine of not less than Eight thousand pesos (P8,000) but not
more than Twenty thousand pesos (P20,000)
Anti-Trafficking (RA 6955) ○ if the offender is a foreigner, he shall be immediately deported and
Unlawful practice of matching Filipino women for marriage to foreign barred forever from entering the country after serving his sentence
nationals on a mail order basis and other similar practices (including and payment of fine
the advertisement, publication, printing, or distribution of brochures,
fliers and other propaganda materials in furtherance thereof)

● The State shall take measures to protect Filipino women from being
exploited in utter disregard of human dignity in their pursuit of economic
upliftment.
● Unlawful acts:
1. For a person, natural or juridical, association, club or any other
entity to commit, directly or indirectly, any of the following acts:

○ To establish or carry on a business which has for its purpose

the matching of Filipino women for marriage to foreign
nationals either on a mail-order basis or through personal
introduction;
○ To advertise, publish, print or distribute or cause the
advertisement, publication, printing or distribution of any
brochure, flier, or any propaganda material calculated to
promote the prohibited acts in the preceding subparagraph;
○ To solicit, enlist or in any manner attract or induce any Filipino
woman to become a member in any club or association whose
objective is to match women for marriage to foreign nationals
either on a mail-order basis or through personal introduction for
a fee;
○ To use the postal service to promote the prohibited acts in
subparagraph 1 hereof

2. For the manager or officer-in-charge or advertising manager of any

newspaper, magazine, television or radio station, or other media, or
of an advertising agency, printing company or other similar entities,
to knowingly allow, or consent to, the acts prohibited in the
preceding paragraph.

● In case of violation of this Act by an association, club, partnership,

corporation, or any other entity, the incumbent officers thereof who have
knowingly participated in the violation of this Act shall be held liable.

● Penalty:

 
2D 17 
 
 
 
 

DRUGS signs of use of dangerous drugs and other similar substances, shall conduct
field sobriety tests.
Anti-Drunk and Drugged Driving Act of 2013 - If the driver fails in the sobriety tests, it shall be the duty of the law
enforcement officer to implement the mandatory determination of the driver’s
blood alcohol concentration level through the use of a breath analyzer or
Breath Analyzer
similar measuring instrument.
The equipment which can determine the blood alcohol concentration level of
a person through testing of his breath.
- If the law enforcement officer has probable cause to believe that a
person is driving under the influence of dangerous drugs and/or other similar
Chemical tests
substances, it shall be the duty of the law enforcement officer to bring the
Breath, saliva, urine or blood tests to determine the blood alcohol
driver to the nearest police station to be subjected to a drug screening test
concentration level and/or positive indication of dangerous drugs and similar
and, if necessary, a drug confirmatory test as mandated under Republic Act
substances in a person’s body.
No. 9165.
Driving under the influence of alcohol
Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor
The act of operating a motor vehicle while the driver’s blood alcohol
Vehicular Accidents
concentration level has, after being subjected to a breath analyzer test,
- A driver of a motor vehicle involved in a vehicular accident resulting in
reached the level of intoxication, as established jointly by the Department of
the loss of human life or physical injuries shall be subjected to chemical
Health (DOH), the National Police Commission (NAPOLCOM) and the
tests, including a drug screening test and, if necessary, a drug confirmatory
Department of Transportation and Communications (DOTC).
test as mandated under Republic Act No. 9165, to determine the presence
and/or concentration of alcohol, dangerous drugs and/or similar substances
Driving under the influence of dangerous drugs and other similar
in the bloodstream or body.
substances
The act of operating a motor vehicle while the driver, after being subjected to
Direct Liability of Operator and/or Owner of the Offending Vehicle
a confirmatory test as mandated under Republic Act No. 9165, is found to be
- The owner and/or operator of the vehicle driven by the offender shall
positive for use of any dangerous drug.
be directly and principally held liable together with the offender for the fine
and the award against the offender for civil damages unless he or she is
Field sobriety tests
able to convincingly prove that he or she has exercised extraordinary
Standardized tests to initially assess and determine intoxication, such as the
diligence in the selection and supervision of his or her drivers in general and
horizontal gaze nystagmus, the walk-and-turn, the one-leg stand, and other
the offending driver in particular.
similar tests as determined jointly by the DOH, the NAPOLCOM and the
DOTC.
- This section shall principally apply to the owners and/or operators of
public utility vehicles (PUVs) and commercial vehicles such as delivery vans,
Punishable Act
cargo trucks, container trucks, school and company buses, hotel transports,
It shall be unlawful for any person to drive a motor vehicle while under the
cars or vans for rent, taxi cabs, and the like.
influence of alcohol, dangerous drugs and/or other similar substances.

Conduct of Field Sobriety, Chemical and Confirmatory Tests

- A law enforcement officer who has probable cause to believe that a
person is driving under the influence of alcohol, dangerous drugs and/or
other similar substances by apparent indications and manifestations,
including overspeeding, weaving, lane straddling, sudden stops, swerving,
poor coordination or the evident smell of alcohol in a person’s breath or

 
2D 18 
 
 
 
 

FIREARMS refers to an unregistered firearm, an obliterated or altered firearm, firearm

which has been lost or stolen, illegally manufactured firearms, registered
firearms in the possession of an individual other than the licensee and those
Illegal Possession of Firearms with revoked licenses in accordance with the rules and regulations.

Ammunition Permit to carry firearm outside of residence

refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge refers to a written authority issued to a licensed citizen by the Chief of the
case and primer or loaded shell for use in any firearm. PNP which entitles such person to carry his/her registered or lawfully issued
firearm outside of the residence for the duration and purpose specified in the
Arms smuggling authority.
refers to the import, export, acquisition, sale, delivery, movement or transfer
of firearms, their parts and components and ammunition, from or across the Permit to transport firearm
territory of one country to that of another country which has not been refers to a written authority issued to a licensed citizen or entity by the Chief
authorized in accordance with domestic law in either or both of the PNP or by a PNP Regional Director which entitles such person or
country/countries. entity to transport a particular firearm from and to a specific location within
the duration and purpose in the authority.
Firearm
refers to any handheld or portable weapon, whether a small arm or light Small arms
weapon, that expels or is designed to expel a bullet, shot, slug, missile or refer to firearms intended to be or primarily designed for individual use or
any projectile, which is discharged by means of expansive force of gases that which is generally considered to mean a weapon intended to be fired
from burning gunpowder or other form of combustion or any similar from the hand or shoulder, which are not capable of fully automatic bursts of
instrument or implement. For purposes of this Act, the barrel, frame or discharge, such as:
receiver is considered a firearm. (1) Handgun which is a firearm intended to be fired from the hand,
which includes:
Imitation firearm (i) A pistol which is a hand-operated firearm having a chamber
refers to a replica of a firearm, or other device that is so substantially similar integral with or permanently aligned with the bore which may be
in coloration and overall appearance to an existing firearm as to lead a self-loading; and
reasonable person to believe that such imitation firearm is a real firearm. (ii) Revolver which is a hand-operated firearm with a revolving
cylinder containing chambers for individual cartridges.
Light weapons (2) Rifle which is a shoulder firearm or designed to be fired from the
Class-A ​Light weapons which refer to self-loading pistols, rifles and shoulder that can discharge a bullet through a rifled barrel by
carbines, submachine guns, assault rifles and light machine guns not different actions of loading, which may be classified as lever, bolt,
exceeding caliber 7.62MM which have fully automatic mode or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire
Class-B Light weapons which refer to weapons designed for use by two (2) a number of ball shots or a single projectile through a smooth bore
or more persons serving as a crew, or rifles and machine guns exceeding by the action or energy from burning gunpowder.
caliber 7.62MM such as heavy machine guns, handheld underbarrel and
mounted grenade launchers, portable anti-aircraft guns, portable anti-tank Prohibited Acts
guns, recoilless rifles, portable launchers of anti-tank missile and rocket 1. Unlawful manufacture, sale, acquisition, disposition or possession
systems, portable launchers of anti-aircraft missile systems, and mortars of a (MSADP) of FIREARMS or AMMUNITION or INSTRUMENTS used or
caliber of less than 100MM. intended to be used in the manufacture of firearms or ammunition

Loose firearm •Aggravating Circumstances

a. Loaded with ammunition/loaded magazine

 
2D 19 
 
 
 
 

b. Mounted with laser or any gadget used to guide the NOTES:

shooter - The use of unlicensed firearm to commit homicide or murder is an
c. Mounted with sniper scopes aggravating circumstance
d. Accompanied with an extra barrel - Unlawful MSADP of firearms and ammunitions are absorbed as an
e. Converted to be capable of firing full automatic bursts element of the crime of rebellion, insurrection, sedition or attempted
2. Carrying licensed firearm outside residence without legal authority or coup d’etat
PERMIT TO CARRY - Imposes penalty when violation of such is a necessary means for
3. Unlawful MSADP, importation of EXPLOSIVES and INCENDIARY committing crimes in RPC or special laws
DEVICE - Elements of illegal possession of firearm
4. Officers of a corporation who knowingly or wilfully allow the use of owned a. Existence of the subject firearm
articles in violation of the decree b. Accused who owned or possessed it does not have the
5. Tampering of firearm’s serial number or firearm’s identification corresponding licences to permit to possess the same
6. Unlawful MSADP of a part, ingredient, machinery, tool or instrument used
or intended to be used for the manufacture, construction, assembly, delivery The law does not prohibit possession in itself; the prosecution has the
or detonation of explosives or incendiary device burden of proving the lack of license or permit to carry or possess
7. Failure or Refusal of Law Enforcement Agencies and other Government firearm
Officials and Employees in testifying as Prosecution witnesses Ownership is not an essential element. Actual or constructive possession is
8.Planting of evidence enough
9.Repacking or altering the composition of lawfully manufactured explosives
10.Unauthorized issuance of authority to Carry firearm and or ammunition Hanging question: a friend who borrowed the car with an unlicensed firearm
outside of residence – not liable for illegal possession as the law punishes illegal possession of
11.Arms Smuggling firearm without license or permit. (It is not the possession contemplated by
12.Failure to notify lost or stolen firearm law)
13.Failure to notify the FEO of the PNP of a licensed person’s change of
residence other than that indicated in the license card within 30 days from Unlicensed firearm​​ includes
transfer a. Unlicensed firearm per se
14.Illegal transfer or registration of firearms to any person who has not yet b. Firearms with expired license
obtained the necessary license or permit c. Unauthorized use of licensed firearms in the commission of the
15.Use of loose firearm crime
-The use of a loose firearm, when inherent in the commission of a crime
punishable under the Revised Penal Code or other special laws, shall be Presumptions
considered as an aggravating circumstance: a. Presumption of illegal manufacture of firearms and ammunitions –
Provided, That if the crime committed with the use of a loose mere possession of machinery or tools used directly in the
firearm is penalized by the law with a maximum penalty which is manufacture
lower than that prescribed in the preceding section for illegal b. Presumption of unlawful manufacture of explosives – mere
possession of firearm, the penalty for illegal possession of firearm possession of tool or machinery directly used in the manufacture of
shall be imposed in lieu of the penalty for the crime charged: explosives by a person whose business or employment does not
Provided, further, That if the crime committed with the use of a lawfully deal with such
loose firearm is penalized by the law with a maximum penalty which c. Presumption of knowledge of existence and character of device –
is equal to that imposed under the preceding section for illegal mere possession of explosive or incendiary
possession of firearms, the penalty of prision mayor in its minimum d. Presumption of intent to use in the illegal manufacture,
period shall be imposed in addition to the penalty for the crime construction, assembly delivery or detonation – mere possession of
punishable under the Revised Penal Code or other special laws of any part or ingredient, tool or machinery directly used for the
which he/she is found guilty. manufacture of such of any explosive or incendiary device

 
2D 20 
 
 
 
 

acquired by such branch or subsidiary for sale to the public, the said branch
or subsidiary shall secure the required clearance or permit.
Anti-Fencing Law (P.D. 1612)
NOTE:
Any goods, article, item, or object or anything of value acquired from any
Fencing
source for which no receipt or equivalent document evidencing the legality of
The act of any person who, with intent to gain for himself or for another, shall
its acquisition could be presented by the present possessor or holder
buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy
thereof, or the covering receipt, or equivalent document, of which is fake,
and sell, or in any other manner deal in any article, item, object or anything
falsified or irregularly obtained, shall be presumed as having been acquired
of value which he knows, or should be known to him, to have been derived
from an unlicensed dealer or supplier and the possessor or holder thereof
from the proceeds of the crime of robbery or theft.
must secure the required clearance or permit before the same can be sold or
offered for sale to the public.
Fence
Any person, firm, association, corporation or partnership or other
organization who/which commits the act of fencing. Increasing the Penalty for Certain Forms of Swindling or Estafa

Liability of Officials of Juridical Persons

If the fence is a partnership, firm, corporation or association, the president or Involves swindling and other forms of fraud in:
the manager or any officer thereof who knows or should have known the ○ Rural banks
commission of the offense shall be liable. ○ Cooperatives
○ “Samahang nayons”
Presumption of Fencing ○ Farmers’ associations
Mere possession of any good, article, item, object, or anything of value ○ Corporations/associations operating on funds solicited
which has been the subject of robbery or thievery shall be prima facie from the general public
evidence of fencing. ● Syndicate - 5 or more persons formed with the intention of carrying
out the unlawful or illegal act, transaction, enterprise, or scheme
Clearance/Permit to Sell/Used Second Hand Articles ● Requisites:
All stores, establishments or entities dealing in the buy and sell of any good, ○ Estafa under Art. 315/316 RPC
article item, object of anything of value obtained from an unlicensed dealer ○ Misappropriation of
or supplier thereof, shall before offering the same for sale to the public, ■ Money contributed by stockholders/members of
secure the necessary clearance or permit from the station commander of the R, C, SN, FA
Integrated National Police in the town or city where such store, ■ Funds solicited by corps from the general public
establishment or entity is located. ● Committed by a syndicate
- Any person who fails to secure the clearance or permit required by this ○ Life imprisonment to death
section or who violates any of the provisions of the rules and regulations ● Not by a syndicate and amount of the fraud exceeds P100,000
promulgated thereunder shall upon conviction be punished as a fence. ○ Reclusion temporal to reclusion perpetua
● Ponzi scheme
Duty to Procure Clearance or Permit ○ Impossibly high returns of 50% interest in 45 days or
- If the person seeking the clearance or permit is a partnership, firm, 100% in 90 days
corporation, or association or group of individuals, the clearance or permit ○ Conman collects his money from 2nd/3rd round investors
shall be obtained by or in the name of the president, manager or other and absconds
responsible officer-in-charge thereof. ● Caveat emptor (buyer assumes risk) not a defense
○ The fact that an independent buyer makes an independent
- If a store, firm, corporation, partnership, association or other establishment investigation or investigation does not preclude him from
or entity has a branch or subsidiary and the used secondhand article is relying on seller’s representation where
 
2D 21 
 
 
 
 

■ seller has superior knowledge and 6. producing, trafficking in, having control or custody of, or possessing
■ the falsity of such representation is not apparent device-making or altering equipment without being in the business
or employment, which lawfully deals with the manufacture,
issuance, or distribution of such equipment;
Access Devices Regulation Act of 1998 7. inducing, enticing, permitting or in any manner allowing another, for
consideration or otherwise to produce, use, traffic in counterfeit
● Access Device – any card, plate, code, account number, electronic access devices, unauthorized access devices or access devices
serial number, personal identification number, or other fraudulently applied for;
telecommunications service, equipment, or instrumental identifier, 8. multiple imprinting on more than one transaction record, sales slip
or other means of account access or similar document, thereby making it appear that the device
○ that can be ​used to obtain money​, good, services, or any holder has entered into a transaction other than those which said
other thing of value or to initiate a transfer of funds (other device holder had lawfully contracted for, or submitting, without
than a transfer originated solely by paper instrument) being an affiliated merchant, an order to collect from the issuer of
➢ Getting personal info of classmates through a gadget - not the access device, such extra sales slip through an affiliated
covered merchant who connives therewith, or, under false pretenses of
● Counterfeit Access Device – counterfeit, fictitious, altered, or being an affiliated merchant, present for collection such sales slips,
forged, or an identifiable component of an access device or and similar documents;
counterfeit access device 9. disclosing any information imprinted on the access device, such as,
● Unauthorized Access Device – stolen, lost, expired, revoked, but not limited to, the account number or name or address of the
canceled, suspended, or obtained with intent to defraud; device holder, without the latter's authority or permission;
● Access Device ​Fraudulently Applied for – applied for or issued on 10. obtaining money or anything of value through the use of an access
account of the use of falsified document, false information, fictitious device, with intent to defraud or with intent to gain and fleeing
identities and addresses, or any form of false pretense or thereafter;
misrepresentation 11. having in one's possession, without authority from the owner of the
● Credit Card – any card, plate, coupon book, or other credit device access device or the access device company, an access device, or
existing for the purpose of obtaining money, goods, property, labor any material, such as slips, carbon paper, or any other medium, on
or services or any thing of value on credit; which the access device is written, printed, embossed, or otherwise
● Device Making or Altering Equipment – any equipment, indicated;
mechanism or impression designed or primarily used for making or 12. writing or causing to be written on sales slips, approval numbers
altering or reencoding an access device or a counterfeit access from the issuer of the access device of the fact of approval, where
device in fact no such approval was given, or where, if given, what is
● Trafficking – transferring, or otherwise disposing of, to another, or written is deliberately different from the approval actually given;
obtaining control of, with intent to transfer or dispose of 13. making any alteration, without the access device holder's authority,
of any amount or other information written on the sales slip;
Prohibited acts: 14. effecting transaction, with one or more access devices issued to
1. producing, using, trafficking in one or more counterfeit access another person or persons, to receive payment or any other thing of
devices value;
2. trafficking in one or more unauthorized access devices or access 15. without the authorization of the issuer of the access device,
devices fraudulently applied for; soliciting a person for the purpose of:
3. using, with intent to defraud, an unauthorized access device; a. offering an access device; or
4. using an access device fraudulently applied for; b. selling information regarding or an application to obtain an
5. possessing one or more counterfeit access devices or access access device; or
devices fraudulently applied for; 16. without the authorization of the credit card system member or its
agent, causing or arranging for another person to present to the

 
2D 22 
 
 
 
 

member or its agent, for payment, one or more evidence or records (a) Any person ​knowing ​that any monetary instrument or property
of transactions made by credit card. represents, involves, or relates to, the proceeds of any unlawful activity,
transacts or attempts to transact said monetary instrument or property.
Prima Facie Evidence of Intent to Defraud ​- mere possession: (b) Any person ​knowing that any monetary instrument or property involves
1. an access device, without permission of the owner or without any the proceeds of any unlawful activity, performs or fails to perform any act as
lawful authority; a result of which he facilitates the offense of money laundering referred to in
2. a counterfeit access device; paragraph (a) above.
3. access device fraudulently applied for; (c) Any person ​knowing that any monetary instrument or property is required
4. any device-making or altering equipment by any person whose under this Act to be disclosed and filed with the Anti-Money Laundering
business or employment does not lawfully deal with the Council (AMLC), fails to do so.
manufacture, issuance, or distribution of access device;
5. an access device or medium on which an access device is written, It is a process comprising of ​three (3) stages
not in the ordinary course of the possessor's trade or business; or 1. Placement​​ or the physical disposal of the criminal proceeds.
6. a genuine access device, not in the name of the possessor, or not 2. Layering or the separation of the criminal proceeds from their
in the ordinary course of the possessor's trade or business, shall be source by creating layers of financial transactions to disguise the
prima facie evidence that such device or equipment is intended to audit trail.
be used to defraud. 3. Integration or the provision of apparent legitimacy to the criminal
proceeds.
Prima Facie Presumed to Have Used Credit Card with Intent to Defraud Any transaction involving such criminal proceeds or attempt to transact the
● cardholder who abandons or surreptitiously leaves the place of same during the placement, layering or integration stage shall constitute the
employment, business or residence stated in his application or crime of money laundering.
credit card
● without informing the credit card company of the place where he Covered persons, natural or juridical​​ ​refer to:
could actually be found 1. banks, non-banks, quasi-banks, trust entities, and all other
● if at the time of such abandonment or surreptitious leaving, the institutions and their subsidiaries and affiliates supervised or
outstanding and unpaid balance is past due for at least 90 days and regulated by the Bangko Sentral ng Pilipinas (BSP);
is more than P10,000 2. Insurance companies and all other institutions supervised or
regulated by the Insurance Commission;
Loss of Access Devices 3. (i) securities dealers, brokers, salesmen, investment houses and
● Holder must notify the issuer of the details and circumstances of other similar entities managing securities or rendering services as
such loss upon knowledge of the loss investment agent, advisor, or consultant, (ii) mutual funds,
○ Full compliance would absolve the access device holder of close-end investment companies, common trust funds, pre-need
any financial liability from fraudulent use from the time the companies and other similar entities, (iii) foreign exchange
loss or theft is reported corporations, money changers, money payment, remittance, and
transfer companies and other similar entities, and (iv) other entities
administering or otherwise dealing in currency, commodities or
financial derivatives based thereon, valuable objects, cash
Anti-Money Laundering Act of 2001 substitutes and other similar monetary instruments or property
supervised or regulated by Securities and Exchange Commission
Money laundering is a crime whereby the ​proceeds of an unlawful activity and Exchange Commission.
are ​transacted, t​ hereby making them appear to have originated from 4. Jewelry dealers in precious metals, for transactions in excess of
legitimate sources.​ ​ (Basically making dirty money, clean money.) 1M.
a. Precious metals- mean gold, silver, platinum, palladium,
It is committed by the following​​ (Sec. 4): rhodium, ruthenium, iridium and osmium.

 
2D 23 
 
 
 
 

5. Jewelry dealers in precious stones for transactions in excess of 1M. 5. any circumstance relating to the transaction which is observed to deviate
a. Precious stones- mean diamond, ruby, emerald, sapphire, from the profile of the client and/or the client's past transactions with the
opal, amethyst, beryl, topaz, and garnet that are used in covered institution;
jewelry making, including those formerly classified as 6. the transaction is in any way related to an unlawful activity or offense
semi-precious stones.​||| under this Act that is about to be, is being or has been committed; or
6. company service providers which, as a business, provide any of the SEIDAC
following services to third parties: (i) acting as a formation agent of 7. any transaction that is similar or analogous to any of the foregoing.
juridical persons; (ii) acting as (or arranging for another person to
act as) a director or corporate secretary of a company, a partner of "Unlawful activity" ​refers to any act or omission or series or combination
a partnership, or a similar position in relation to other juridical thereof involving or having relation to the following:
persons; (iii) providing a registered office, business address or 1. Kidnapping for ransom;
accommodation, correspondence or administrative address for a 2. Robbery and extortion;
company, a partnership or any other legal person or arrangement; 3. Qualified theft;
and (iv) acting as (or arranging for another person to act as) a 4. Swindling;
nominee shareholder for another person; and 5. Piracy on the high seas;
7. persons who provide any of the following services: 6. Destructive arson and murder and hijacking, including those
a. managing of client money, securities or other assets; perpetrated by terrorists against non-combatant persons and
b. management of bank, savings or securities accounts; similar targets;
c. organization of contributions for the creation, operation or 7. Jueteng and Masiao punished as illegal gambling;
management of companies; and 8. Smuggling;
d. creation, operation or management of juridical persons or 9. Anti-Graft and Corrupt Practices Act;
arrangements, and buying and selling business entities. 10. Dangerous Drugs Act;
11. Plunder;
The term ​“covered persons” ​shall ​EXCLUDE lawyers and accountants 12. Violations under the Electronic Commerce Act;
acting as independent legal professionals in relation to the information 13. Fraudulent practices and other violations under the Securities
concerning their clients. Regulation Code;
14. Felonies or offenses of a similar nature that are punishable under
Covered transactions the penal laws of other countries.
It is a transaction in cash or other equivalent monetary instrument involving a 15. Forgery and Counterfeiting
total amount in excess of P500k that is done with the covered institution (Note: There are 34 in total. Did not put all na.)
WITHIN 1 banking day.
Jurisdiction
Suspicious transactions GR: RTC
are transactions with covered institutions, regardless of the amounts EXP: Sandiganbayan, when committed by public officers and private
involved, where any of the following circumstances exist: persons who are in conspiracy with such public officers.
1. there is no underlying legal or trade obligation, purpose or economic Prosecution of Money Laundering
justification; ● Any person may be charged with and convicted of both the
2. the client is not properly identified; offense of money laundering and the unlawful activity.
3. the amount involved is not commensurate with the business or financial ○ Meaning, there is no absorption!!! A single act can
capacity of the client; bring about 2 indictments.
4. taking into account all known circumstances, it may be perceived that the ● Any proceeding relating to the unlawful activity ​shall be given
client's transaction is structured in order to avoid being the subject of precedence over the prosecution of any offense or violation under
reporting requirements under the Act; the AMLA without prejudice to the issuance by the AMLC of a

 
2D 24 
 
 
 
 

freeze order with respect to the deposit, investment or similar No court shall issue a temporary restraining order or writ of
account involved therein and resort to other remedies provided injunction against any freeze order issued by the AMLC except the
under the AMLA. Court of Appeals or the Supreme Court.
● Knowledge of the offender that any monetary instrument or
property represents, involves, or relates to the proceeds of an Prevention of Money Laundering
unlawful activity or that any monetary instrument or property is
required under the AMLA to be disclosed and filed with the Covered institutions shall establish and record the true identity of its
AMLC​​, may be established by direct evidence or inferred from the clients based on official documents. They shall maintain a system
attendant circumstances. of verifying the true identity of their clients and, in case of corporate
● All the elements of every money laundering offense under Section clients, require a system of verifying their legal existence and
4 of the AMLA must be proved by evidence beyond reasonable organizational structure, as well as the authority and identification
doubt​, i​ncluding the element of knowledge that the monetary of all persons purporting to act on their behalf.
instrument or property represents, involves or relates to the Authority to Inquire into Bank Deposits
proceeds of any unlawful activity. ​No element of the unlawful
activity​, however, including the identity of the perpetrators and the Notwithstanding the provisions of the Bank Secrecy Law and other
details of the actual commission of the unlawful activity ​need be laws, the AMLC may inquire into or examine any particular deposit
established by proof beyond reasonable doubt​. The elements of the or investment with any banking institution or non-bank financial
offense of money laundering are separate and distinct from the institution ​upon order of any competent court in cases of
elements of the felony or offense constituting the unlawful activity. violation of this Act ​when it has been established that there is
● No case for money laundering may be filed to the prejudice of a probable cause that the deposits or investments involved are in
candidate for an electoral office during an election period. However, any way related to amoney laundering offense: ​Provided​, That this
this prohibition shall not constitute a bar to the prosecution of any provision shall not apply to deposits and investments made prior to
money laundering case filed in court before the election period. the effectivity of this Act.

Creation of Anti-Money Laundering Council (AMLC) Other Offenses and Penalties

The AMLC shall be composed of:
1. Governor of the Bangko Sentral ng Pilipinas as chairman, 1. Failure to Keep Records
2. Commissioner of the Insurance Commission and the Chairman of a. Failure to keep all records of all transactions of
the Securities and Exchange Commission as members. covered institutions maintained and safely stored
for 5 years from the dates of transactions.
Functions of the AMLC b. With respect to closed accounts, the records on
1. to require and receive covered transaction reports from covered customer identification, account files and
institutions. business correspondence, shall be preserved
2. to institute civil forfeiture proceedings and all other remedial and safely stored for at least 5 years from the
proceedings through the OSG. dates when they were closed.
3. to freeze ​any monetary instrument or property alleged to 2. Malicious Reporting
be proceeds of any unlawful activity. a. Any person who, with malice, or in bad faith, report or
files a completely unwarranted or false information
Authority to Freeze of the ALMC relative to money laundering transaction against any
person. The offender is not entitled to avail the benefits
Upon determination that probable cause ​exists that any deposit or of the Probation Law.
similar account is in any way related to an unlawful activity, the 3. Breach of Confidentiality
AMLC may issue a freeze order, which shall be effective a. Committed by communicating, directly or indirectly, in
immediately, on the account for a period not exceeding 15 days. any manner or by any means, to any person/ entity/

 
2D 25 
 
 
 
 

media the fact that a covered transaction report was 2. Explicitly state insufficiency of funds
made, the contents thereof, or any other information in Notes:
relation thereto. 1. Gravamen of the offense - issuing worthless check
4. Prohibition against Political Harassment 2. BP 22 is a continuing offense venue determined by the place where
a. But no penalty was provided for this. elements committed
3. Important Periods:
Note:
a. 5 banking days - from notice of dishonor, to make
1. The act of withdrawing large sums of money is not considered a
arrangements of payment
suspicious transaction. What is considered a suspicious transaction
b. 90 days - from maturity, to maintain sufficient funds to
is the act of DEPOSITING large amounts of money, especially if it
defeat prima facie knowledge of insufficiency (Example of
is unusual for the depositor to do so. This is because if one had
sir when PDC 90 days will commence = upon maturity)
committed crime, the act of depositing the money is basically
c. 180 days - from maturity, to encash = stale check
disguising it as legitimately sourced.
4. Notice of Dishonor must be in writing; for corporations, notice must
be personal to the maker
Bouncing Checks (BP 22​​) 5. BP22 v. Estafa

Elements
BP 22 Estafa
1. The ​making, drawing and issuance​​ of any check for value
2. The ​knowledge of the maker, drawer, or issuer that at the time of Deceit and damage immaterial Deceit and damage material
issue, he does not have sufficient funds
3. The subsequent ​dishonor of the check by the drawee bank for Crime against public policy Crime against property
insufficiency of funds or credit or dishonor for the same reason had
not the drawer, w/o valid cause, ordered the bank to stop payment. Only drawer liable not indorser Drawer and indorser liable
Other Punishable Acts
1. Failure to keep sufficient funds or to maintain a credit to cover the Drawer given 5 days to make Drawer only given 3 days
full amount of the check if presented within 90 days from the date good check
appearing theron, for which reason it is dishonored.
Penalty Malum prohibitum Mala in se
- Admin Circular 13-2001: Judges have the discretion to determine
whether fine alone would best serve the interests of justice or
forbearing imprisonment would depreciate the seriousness of the - Separate offenses, no double jeopardy
offense, work violence on social order, or contrary to the 6. Defenses against BP22
imperatives of justice a. Check not for value but as a guarantee deposit
- If drawn by a corporation, it will be imposed on the signatory of the b. No notice of dishonor
check c. Dishonor not due to insufficiency of funds
Evidence of Knowledge of Insufficient Funds d. Stale Check
- Presence of Requirement number 1 and 3 is equivalent to prima e. Valid Stop Payment
facie evidence of knowledge, unless: f. Informed beforehand that account has been closed.
a. Maker or drawer pays - Lack of consideration not a defense
b. Makes arrangements for payment in full within drawee Bank Secrecy Law
within 5 banking days after receiving notice of dishonor
Duty of Drawee
1. Indicate reason for dishonor

 
2D 26 
 
 
 
 

to encourage people to deposit their money in banking institutions and to The SC adopted the comment of the Solicitor General who argued that the
discourage private hoarding to assist in the economic development of the Offshore Banking System and the Foreign Currency Deposit System were
country designed to draw deposits from foreign lenders and investors and,
subsequently, to give the latter protection. However, the foreign currency
All deposits of whatever nature with banks or banking institutions in the deposit made by a transient or a tourist is not the kind of deposit encouraged
Philippines including investments and government bonds are considered of by PD Nos. 1034 and 1035 and given incentives and protection by said laws
an ABSOLUTELY CONFIDENTIAL NATURE and may not be examined, because such depositor stays only for a few days in the country and,
inquired or looked into by any person EXCEPT: therefore, will maintain his deposit in the bank only for a short time.
a. Written permission of the depositor Considering that Bartelli is just a tourist or a transient, he is not entitled to
b. Impeachment the protection of Section 113 of Central Bank Circular No. 960 and PD No.
c. Court order in case of bribery, dereliction and graft and corruption 1246 against attachment, garnishment or other court processes.
d. Money deposited or invested is the subject matter of litigation
e. AMLAC Further, the SC said: “In fine, the application of the law depends on the
f. Garnishment extent of its justice. Eventually, if we rule that the questioned Section 113 of
g. Subpoena by the Ombudsman Central Bank Circular No. 960 which exempts from attachment,
h. COA for government accounts garnishment, or any other order or process of any court, legislative body,
government agency or any administrative body whatsoever, is applicable to
It is unlawful for any official or employee of a banking institution to disclose a foreign transient, injustice would result especially to a citizen aggrieved by
to any person other than those mentioned in number 1 of any information a foreign guest like accused Greg Bartelli. This would negate Article 10 of
concerning said deposits the New Civil Code which provides that “in case of doubt in the interpretation
or application of laws, it is presumed that the lawmaking body intended right
BSP can exercise their regulatory functions and justice to prevail.”
by inquiring on the accounts of the banking institutions

Foreign Currency Deposit Act

Secrecy of foreign currency deposits
All foreign currency deposits authorized under this Act, as amended by PD
No. 1035, as well as foreign currency deposits authorized under PD No.
1034, are hereby declared as and considered of an absolutely confidential
nature

Except upon the written permission of the depositor, in no instance shall

foreign currency deposits be examined, inquired or looked into by any
person, government official, bureau or office whether judicial or
administrative or legislative, or any other entity whether public or private;

Provided, however, That said foreign currency deposits shall be exempt from
attachment, garnishment, or any other order or process of any court,
legislative body, government agency or any administrative body whatsoever.
→ 1-5 years or 5 000 to 25 000 or both at the discretion of the court

Salvacion v. Central Bank

 
2D 27 
 
 
 
 

ENVIRONMENT LAW or permittee who cuts timber from the licensed or leased
area of another
○ All without prejudice to whatever civil action the latter may
FORESTRY CODE bring against the offender.
PROHIBITED ACTS ● Court shall order the confiscation in favor of the government of the
1. Cutting, gathering and/or collecting timber or other products without timber or forest products to cut, gathered, collected or removed,
license (Sec 68) and the machinery, equipment, implements and tools used therein,
2. Unlawful occupation or destruction of forest lands (Sec 69) and the forfeiture of his improvements in the area
3. Pasturing Livestock without authority under a lease or permit (Sec
70) INSTITUTION OF CRIMINAL ACTIONS​​ (Sec 80)
4. Illegal occupation of national parks system and recreation areas ● A forest officer or employee of the Bureau shall arrest even without
and vandalism therein (Sec 71) warrant any person who has committed or is committing in his
5. Destruction of wildlife resources (Sec 72) presence any of the offenses defined in this Chapter.
6. Survey by unauthorized person (Sec 73) ○ seize and confiscate, in favor of the Government, the tools
7. Misclassification and survey by government official or employee and equipment used in committing the offense, and the
(Sec 74) and/or coercing or influencing to do so (Sec 76) forest products cut, gathered or taken
8. Tax declaration on real property classified as forest land as ○ deliver within six (6) hours from the time of arrest and
alienable and disposable land unless property is titled or has been seizure, the offender and the confiscated forest products,
occupied and possessed by members of the national cultural tools and equipment to
minorities (Sec 75) and/or coercing or influencing to do so (Sec 76) ○ file the proper complaint with, the appropriate official
9. Unlawful possession of implements and devices used by forest designated by law to conduct preliminary investigations
officers (Sec 77) and file informations in court.
10. Failure to pay, collect and remit forest charges (Sec 78) ● If the arrest and seizure are made in the forests, far from the
11. Sale of wood products without license (Sec 79) authorities designated by law to conduct preliminary investigations,
the delivery to
HOW ILLEGAL LOGGING IS COMMITTED​​ (Sec 68) ○ filing of the complaint with, the latter shall be done within a
Cutting, gathering and/or collecting timber or other products without reasonable time sufficient for ordinary travel from the
license. place of arrest to the place of delivery.
● Any person who shall cut, gather, collect, or remove timber or other ○ seized products, materials and equipment shall be
forest products from ​any forest land, or timber from alienable immediately disposed of in accordance with forestry
and disposable public lands, or from private lands​​, without any administrative orders promulgated.
authority under a license agreement, lease, license or permit, shall
be guilty of ​qualified theft as defined and punished under Articles ● The Department Head may deputize any member or unit of the
309 and 310 of the Revised Penal Code Philippine Constabulary, police agency, barangay or barrio official,
○ In the case of partnership, association or corporation, the or any qualified person to protect the forest and exercise the power
officers who ordered the cutting, gathering or collecting or authority
shall be liable ○ Reports and complaints regarding the offenses not
○ if such officers are aliens, they shall, in addition to the committed in the presence of any forest officer or
penalty, be deported without further proceedings on the employee, or any of the deputized officers or officials, shall
part of the Commission on Immigration and Deportation. immediately be investigated by the forest officer assigned
○ plus cancellation of his license agreement, lease, license in the area where the offense was allegedly committed,
or permit and perpetual disqualification from acquiring any who shall thereupon receive the evidence supporting the
such privilege shall be imposed upon any licensee, lessee, report or complaint.

 
2D 28 
 
 
 
 

○ If there is prima facie evidence to support the complaint or

report, the investigating forest officer shall file the EXCEPTION: ​Fishing for ​daily food sustenance or for ​leisure which is ​not
necessary complaint with the appropriate official for commercial, occupation or livelihood purposes ​may be allowed.
authorized by law to conduct a preliminary investigation of
criminal cases and file an information in Court. POACHING

It shall be unlawful for any foreign person, corporation or entity to fish or

operate any fishing vessel in Philippine waters.
FISHERIES CODE
The entry of any foreign fishing vessel in Philippine waters shall constitute a
Prohibited Acts prima facie evidence that the vessel is engaged in fishing in Philippine
1. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries waters.
Activities.
2. Poaching in Philippine Waters. Fishing Through Explosives, Noxious or Poisonous Substance, and/or
3. Fishing Through Explosives, Noxious or Poisonous Substance, Electricity.
and/or Electricity.
4. Use of Fine Mesh Net The discovery of dynamite, other explosives and chemical compounds which
5. Use of Active Gear in the Municipal Waters and Bays and Other contain combustible elements, or noxious or poisonous substances, or
Fishery Management Areas. equipment or device for electro-fishing in any fishing vessel or in the
6. Ban on Coral Exploitation and Exportation. possession of any fisherfolk, operator, fishing boat official or fishworker shall
7. Ban on Muro-Ami Other Methods and Gear Destructive to Coral constitute prima facie evidence, that the same was used for fishing in
Reefs and Other Marine Habitat. violation of this Code.
8. Illegal Use of Superlights.
9. Conversion of Mangroves. Exceptions to fishing through noxious substances or electricity:
10. Fishing in Overfished Area and During Closed Season. 1. The Department, subject to safeguards necessary and
11. Fishing in Fishery Reserves, Refuge and Sanctuaries. endorsements from the concerned LGU​​, may allow ​for
12. Fishing Or Taking of Rare, Threatened or Endangered Species. research, educational, scientific purpose ​the use of electricity,
13. Capture of Sabalo and Other Breeders/Spawners. poisonous substances to catch fish.
14. Exportation of Breeders, Spawners, Eggs or Fry. 2. Use of noxious substances ​to eradicate predators in fishponds
15. Importation or Exportation of Fish or Fishery Species. in accordance with accepted scientific practices and without
16. Violation of Catch Ceilings. causing adverse impact to neighboring waters.
17. Aquatic Pollution.
18. Obstruction of Defined Migration Paths.
19. Obstruction to Fishery Law Enforcement Officer.
20. Commercial Fishing Vessel Operators Employing Unlicensed
Fisherfolk or Fishworker or Crew.

UNAUTHORIZED FISHING

GENERAL RULE: ​You need permit to fish

Discovery of any person in an area where he has no permit or registration

papers for a fishing vessel shall constitute a prima facie presumption that the
person and/or vessel is engaged in unauthorized fishing.

 
2D 29 
 
 
 
 

PROPERTY AND ECONOMIC Trailers having any number of wheels, when propelled or intended to be
propelled by attachment to a motor vehicle, shall be classified as a separate
motor vehicle with no power rating;
Anti Carnapping Act
Carnapping Note: All those registered in LTO are considered motor vehicles
taking, with intent to gain, of a motor vehicle belonging to another without the
latter's consent, or by means of violence against or intimidation of persons, Overhauling
or by using force upon things. refers to the cleaning or repairing of the whole engine of a motor vehicle by
separating the motor engine and its parts from the body of the motor vehicle;
Body building
refers to a job undertaken on a motor vehicle in order to replace its entire Repainting
body with a new body; refers to changing the color of a motor vehicle by means of painting. There is
painting whenever the new color of a motor vehicle is different from its color
Defacing or tampering with a serial number registered in the Land Transportation Office (LTO);
r​​efers to the altering, changing, erasing, replacing or scratching of the
original factory inscribed serial number on the motor vehicle engine, engine Remodeling refers to the introduction of some changes in the shape or form
block or chassis of any motor vehicle. Whenever any motor vehicle is found of the body of the motor vehicle;
to have a serial number on its engine, engine block or chassis which is
different from that which is listed in the records of the Bureau of Customs for Second hand spare parts
motor vehicle imported into the Philippines, that motor vehicle shall be refer to the parts taken from a carnapped vehicle used in assembling
considered to have a defaced or tampered serial number; another vehicle;

Dismantling Total wreck

refers to the tearing apart, piece-by-piece or part-by-part, of a motor vehicle; refers to the state or status of a motor vehicle after a vehicular accident or
other incident, so that it is rendered inoperational and beyond economic
Identity transfer repair due to the extent of damage in its body, chassis and engine; and
refers to the act of transferring the engine number, chassis number, body tag
number, plate number, and any other identifying marks of a motor vehicle Unlawful transfer or use of vehicle plates
declared as “total wreck” or is beyond economic repair by concerned car refers to the use or transfer of a vehicle plate issued by the LTO to a certain
insurance companies and/or law enforcement agencies after its involvement vehicle to another vehicle. It is presumed illegally transferred when the motor
in a vehicular accident or other incident and registers the same into another vehicle plate does not correspond with that as appearing in the certificate of
factory-made body or vehicle unit, of the same classification, type, make or registration of the motor vehicle to which it was issued.
model
Prohibited Acts and Penalties:
Motor vehicle 1. Carnapping
refers to any vehicle propelled by any power other than muscular power a. Committed without violence - 20 yrs 1, day to 30 years
using the public highways, except road rollers, trolley cars, street sweepers, b. With violence – 30 yrs, 1 day to 40 years
sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and c. When the owner, driver, or occupant of the carnappped
cranes if not used on public highways; vehicles which run only on rails or motor vehicle is killed or rape in the commission of
tracks; and tractors, trailers and traction engines of all kinds used exclusively carnapping – life imprisonment
for agricultural purposes. d. Committed by gangs or syndicates through a,b,c – denied
bail upon evidence of guilt is strong
2. Concealment of Carnapping – 6-12 years and a fine equal to the amount
of the acquisition cost of the motor vehicle

 
2D 30 
 
 
 
 

3. Defacing or Tampering with serial number of motor vehicle engines, Theft of Electric Power Transmission Lines and Materials
enginge blocks and chassis It is hereby declared unlawful for any person to:
4. Identity transfer
5. Transfer of Vehicle Plate Cut, saw, slice, separate, split, severe, smelt, or remove any electric power
6. Sale of Second hand Spare Part transmission line/material or meter from a tower, pole, or any other
Penalty (3-6) – 2-6 years plus fine equal to the acquisition cost of the vehicle installation or place of installation or any other place or site where it may be
rightfully or lawfully stored, deposited, kept, stocked, inventoried, situated or
Original Registration of Motor Vehicles and its parts located, without the consent of the owner, whether or not the act is done for
1. PNP – for clearance (PNP verifies whether the motor vehicle or its profit or gain;
parts are in the list of stolen motor vehicle)
2. LTO – registration Take, carry away or remove or transfer, with or without the use of a motor
3. All motor vehicle engines, engine blocks, and chassis not vehicle or other means of conveyance, any electric power transmission
registered with LTO shall be considered as carnapped vehicle, an line/material or meter from a tower, pole, any other installation or place of
untaxed importation, or coming from illegal source installation, or any place or site where it may be rightfully or lawfully stored,
deposited, kept, stocked, inventoried, situated or located without the consent
of the owner, whether or not the act is done for profit or gain;
Theft of Electricity and Transmission Lines (R.A. 7832) Store, possess or otherwise keep in his premises, custody or control, any
electric power transmission line/material or meter without the consent of the
Illegal Use of Electricity owner, whether or not the act is done for profit or gain; and
It is hereby declared unlawful for any person, whether natural or juridical,
public or private, to: Load, carry, ship or move from one place to another, whether by land, air or
sea, any electrical power transmission line/material, whether or not the act is
Tap, make or cause to be made any connection with overhead lines, service done for profit or gain, without first securing a clearance/permit for the said
drops, or other electric service wires, without previous authority or consent of purpose from its owner or the National Power Corporation (NPC) or its
the private electric utility or rural electric cooperative concerned; regional office concerned, as the case may be.

Tap, make or cause to be made any connection to the existing electric Electrical power transmission line/material
service facilities of any duly registered consumer without the latter's or the Electric power transmission steel towers, woodpoles, cables, wires,
electric utility's consent or authority; insulators, line hardwares, electrical conductors and other related items with
a minimum voltage of sixty-nine kilovolts (69 kv).
Tamper, install or use a tampered electrical meter, jumper, current reversing Authority to Impose Violation of Contract Surcharges
transformer, shorting or shunting wire, loop connection or any other device
which interferes with the proper or accurate registry or metering of electric A private electric utility or rural electric cooperative may impose surcharges,
current or otherwise results in its diversion in a manner whereby electricity is in addition to the value of the electricity pilfered, on the bills of any consumer
stolen or wasted; apprehended for tampering with his electric meter/metering facility installed
on his premises, as well as other violations of contract like direct connection,
Damage or destroy an electric meter, equipment, wire or conduit or allow use of jumper, and other means of illicit usage of electricity found installed in
any of them to be so damaged or destroyed as to interfere with the proper or the premises of the consumer.
accurate metering of electric current; and
The surcharge for the violation of contract shall be collected from and paid
Knowingly use or receive the direct benefit of electric service obtained by the consumer concerned as follows:
through any of the acts mentioned in subsections (a), (b), (c), and (d) above.

 
2D 31 
 
 
 
 

● First apprehension. - Twenty five percent (25%) of the current bill

as surcharge; Clearance for shipment of large cattle.
● Second apprehension. - Fifty percent (50%) of the current bill as Anyone or any entity desiring to ship or transport large cattle, its hides, or
surcharge; and meat, from one province to another shall ​secure a permit ​for such purpose
● Third and subsequent apprehensions. - One hundred percent from the Provincial Commander of the province where the large cattle is
(100%) of the current bill as surcharge. registered.

NOTE: Presumption of cattle rustling.

The private electric utility or rural electric cooperative is authorized to Every person having in his possession, control or custody of large cattle
discontinue the electric service in case the consumer is in arrears in the shall, upon demand by competent authorities, exhibit the documents
payment of the above imposed surcharges. prescribed in the preceding sections. ​Failure to exhibit the required
documents shall be prima facie evidence that the large cattle in his
Apprehension possession, control or custody are the fruits of the crime of cattle rustling.
The discovery of the presence of any of the circumstances enumerated in
Section 4 hereof in the establishment or outfit of the consumer concerned. Notes:
1. This law is not malum prohibitum, rather it is MALUM IN SE. It
merely modified the crime of theft and malicious mischief in the
THE ANTI-CATTLE RUSTLING LAW OF 1974 RPC.
a. So for example, if someone dies as a consequence of
Large cattle cattle rustling, cattle rustling will be absorbed in the crime
shall include the cow, carabao, horse, mule, ass, or other domesticated of killing.
member of the bovine family. 2. Mere killing of the cattle is punishable.
The whole cattle does not have to be taken, taking of the meat without the
6 Elements of Cattle Rustling consent of the owner is also punishable.
1. Large cattle is taken
2. It belongs to another
3. The taking is without consent
4. Through any means, methods or scheme
5. With or WITHOUT intent to gain
6. Taking s accomplished with or WITHOUT violence or intimidation.

Duty of owner/raiser to register.

● The owner has the duty to register the cattle before it attains the
age of 6 months with the office of the city/municipal treasurer where
such large cattle are raised.
● The city/municipality concerned may impose and collect the fees
authorized by existing laws for such registration and the issuance of
a certificate of ownership to the owner/raiser.

Permit to buy and sell large cattle.

No person, partnership, association, corporation or entity shall engage in the
business of buy and sell of large cattle ​without first securing a permit ​for
the said purpose from the Provincial Commander of the province where it
shall conduct such business. The permit shall only be valid in such province.

 
2D 32 
 
 
 
 

Offenders in IR
LABOR 1. Principal
a. Take direct part
b. Directly force or induce others to commit
Illegal Recruitment (RA 8042, RA 10022) c. Cooperate in the commission by another act without which
Stems from Labor Code it would not have been accomplished
Illegal recruitment as one of the defined prohibited labor practices d. An employee of a company engaged in IR may be held
liable as principal together with employer if it is shown that
Illegal Recruitment he actively participated in IR
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or e. Existence of a corporate entity does not shield the person
procuring workers including referring, whether for profit or not, undertaken by who commits the crime
a non-licensee or a non-holder of authority 2. Accomplices
(​license​​ issued by DOLE for a person to operate as a private employment a. Who are not considered principals but willingly cooperate
agency; ​authority​​ entitles a person to engage in recruitment) in the execution
b. Can be recognized through previous or simultaneous acts
Illegal Recruitment by a syndicate that affect the offense in a significant manner but not
Illegal recruitment carried out by a group of 3 or more persons conspiring or indispensable in the commission of the crime
confederating with one another 3. Accessories
a. Those who profit or assist the offenders to profit
Illegal Recruitment in a large scale b. By concealing or destroying the body of the crime
Illegal recruitment committed against 3 or more persons individually or as a c. By harboring or concealing the escape of the principal of
group the crime

Referral Does IR only punish those without a license?

Act of passing along or forwarding after an initial interview of a selected No. It also punishes those with licenses but do not conform to the bounds of
applicant for employment to a selected employer their authority. (Authority is to recruit locally, then illegal recruiter starts
recruiting for Dubai)
Kinds of Illegal Recruitment
1. Simple IR Presumption
a. Committed by a licensee or holder of authority If any non-licensee or non-holder of authority offers or promises for a fee
b. Offender has no valid license or authority to engage in employment abroad to two or more persons, he is deemed engaged in IR.
recruitment
c. Offender undertakes any activity within the meaning of any Aggravating Circumstance
activity that is prohibited under the Labor Code Maximum penalty shall be imposed if the person illegally recruited is less
2. IR by person not a licensee or holder of authority than 18 years old or committed by a non-licensee or non-holder of authority
3. IR in a large scale (Penalty includes the automatic revocation of any license granted)
a. It is not necessary that 3 victims should testify
b. It is only necessary that there is sufficient evidence Prescriptive period
proving that the offense was committed against 3 or more 5 years except those involving economic sabotage which shall prescribe in
persons 20 years
4. IR by a syndicate
(If IR is in a large scale or by a syndicate, it then involves economic Prohibited acts from the old law, adopted in the new
sabotage) ● Charge or accept directly or indirectly any amount greater than that
specified in the schedule of allowable fees prescribed by the

 
2D 33 
 
 
 
 

Secretary of Labor and Employment, or to make a worker pay or eight percent (8%) pa, which will be used for payment of legal and
acknowledge any amount greater than that actually received by him allowable placement fees and make the migrant worker issue,
as a loan or advance either personally or through a guarantor or accommodation party,
● Furnish or publish any false notice or information or document in postdated checks in relation to the said loan;
relation to recruitment or employment ● Impose a compulsory and exclusive arrangement whereby an
● Give any false notice, testimony, information or document or overseas Filipino worker is required to avail of a loan only from
commit any act of misrepresentation for the purpose of securing a specifically designated institutions, entities or persons;
license or authority, or for the purpose of documenting hired ● Refuse to condone or renegotiate a loan incurred by an overseas
workers with the POEA, which include the act of reprocessing Filipino worker after the latter's employment contract has been
workers through a job order that pertains to nonexistent work, work prematurely terminated through no fault of his or her own;
different from the actual overseas work, or work with a different ● Impose a compulsory and exclusive arrangement whereby an
employer overseas Filipino worker is required to undergo health examinations
● Induce or attempt to induce a worker already employed to quit his only from specifically designated medical clinics, institutions,
employment in order to offer him another unless the transfer is entities or persons, except in the case of a seafarer whose medical
designed to liberate a worker from oppressive terms and conditions examination cost is shouldered by the principal/shipowner;
of employment ● Impose a compulsory and exclusive arrangement whereby an
● Influence or attempt to influence any person or entity not to employ overseas Filipino worker is required to undergo training, seminar,
any worker who has not applied for employment through his agency instruction or schooling of any kind only from specifically
or who has formed, joined or supported, or has contacted or is designated institutions, entities or persons, except for
supported by any union or workers' organization recommendatory trainings mandated by principals/shipowners
● Engage in the recruitment or placement of workers in jobs harmful where the latter shoulder the cost of such trainings;
to public health or morality or to the dignity of the Republic of the ● For a suspended recruitment/manning agency to engage in any
Philippines kind of recruitment activity including the processing of pending
● Fail to submit reports on the status of employment, placement workers' applications; and
vacancies, remittance of foreign exchange earnings, separation ● For a recruitment/manning agency or a foreign principal/employer
from jobs, departures and such other matters or information as may to pass on the overseas Filipino worker or deduct from his or her
be required by the Secretary of Labor and Employment salary the payment of the cost of insurance fees, premium or other
● Substitute or alter to the prejudice of the worker, employment insurance related charges, as provided under the compulsory
contracts approved and verified by the DOLE from the time of worker's insurance coverage.
actual signing thereof by the parties up to and including the period
of the expiration of the same without the approval of the DOLE
● Withhold or deny travel documents from applicant workers before
departure for monetary or financial considerations
● Failure to actually deploy a contracted worker without valid reason
as determined by the Department of Labor and Employment
● Failure to reimburse expenses incurred by the worker in connection
with his documentation and processing for purposes of deployment,
in cases where the deployment does not actually take place without
the worker's fault
● Allow a non-Filipino citizen to head or manage a licensed
recruitment/manning agency.

Additional prohibited acts in the new law

● Grant a loan to an overseas Filipino worker with interest exceeding

 
2D 34 
 
 
 
 

PUBLIC OFFICERS AND GOVERNMENT indirectly or by extraction from substances of natural origin, or independently
by means of chemical synthesis or by a combination of extraction and
chemical synthesis, and shall include any packaging or repackaging of such
Dangerous Drugs (RA 9165) substances, design or configuration of its form, or labeling or relabeling of its
Administer container; except that such terms do not include the preparation,
Any act of introducing any dangerous drug into the body of any person, with compounding, packaging or labeling of a drug or other substances by a duly
or without his/her knowledge, by injection, inhalation, ingestion or other authorized practitioner as an incident to his/her administration or
means, or of committing any act of indispensable assistance to a person in dispensation of such drug or substance in the course of his/her professional
administering a dangerous drug to himself/herself unless administered by a practice including research, teaching and chemical analysis of dangerous
duly licensed practitioner for purposes of medication. drugs or such substances that are not intended for sale or for any other
purpose.
Chemical Diversion
The sale, distribution, supply or transport of legitimately imported, in-transit, Planting of Evidence
manufactured or procured controlled precursors and essential chemicals, in The willful act by any person of maliciously and surreptitiously inserting,
diluted, mixtures or in concentrated form, to any person or entity engaged in placing, adding or attaching directly or indirectly, through any overt or covert
the manufacture of any dangerous drug, and shall include packaging, act, whatever quantity of any dangerous drug and/or controlled precursor
repackaging, labeling, relabeling or concealment of such transaction through and essential chemical in the person, house, effects or in the immediate
fraud, destruction of documents, fraudulent use of permits, misdeclaration, vicinity of an innocent individual for the purpose of implicating, incriminating
use of front companies or mail fraud. or imputing the commission of any violation of this Act.

Clandestine Laboratory Protector/Coddler

Any facility used for the illegal manufacture of any dangerous drug and/or Any person who knowingly and willfully consents to the unlawful acts
controlled precursor and essential chemical. provided for in this Act and uses his/her influence, power or position in
shielding, harboring, screening or facilitating the escape of any person
Cultivate or Culture he/she knows, or has reasonable grounds to believe on or suspects, has
Any act of knowingly planting, growing, raising, or permitting the planting, violated the provisions of this Act in order to prevent the arrest, prosecution
growing or raising of any plant which is the source of a dangerous drug. and conviction of the violator.

Dangerous Drugs Pusher

Include those listed in the Schedules annexed to the 1961 Single Any person who sells, trades, administers, dispenses, delivers or gives away
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the to another, on any terms whatsoever, or distributes, dispatches in transit or
Schedules annexed to the 1971 Single Convention on Psychotropic transports dangerous drugs or who acts as a broker in any of such
Substances as enumerated in the attached annex which is an integral part of transactions, in violation of this Act.
this Act.
Trading
Illegal Trafficking Transactions involving the illegal trafficking of dangerous drugs and/or
The illegal cultivation, culture, delivery, administration, dispensation, controlled precursors and essential chemicals using electronic devices such
manufacture, sale, trading, transportation, distribution, importation, as, but not limited to, text messages, email, mobile or landlines, two-way
exportation and possession of any dangerous drug and/or controlled radios, internet, instant messengers and chat rooms or acting as a broker in
precursor and essential chemical. any of such transactions whether for money or any other consideration in
violation of this Act
Manufacture
The production, preparation, compounding or processing of any dangerous UNLAWFUL ACTS
drug and/or controlled precursor and essential chemical, either directly or

 
2D 35 
 
 
 
 

Importation of Dangerous Drugs and/or Controlled Precursors and

Essential Chemicals. Manufacture of Dangerous Drugs and/or Controlled Precursors and
The maximum penalty provided for under this Section shall be imposed upon Essential Chemicals - The presence of any controlled precursor and
any person, who, unless authorized under this Act, shall import or bring into essential chemical or laboratory equipment in the clandestine laboratory is a
the Philippines any dangerous drug and/or controlled precursor and prima facie proof of manufacture of any dangerous drug. It shall be
essential chemical through the use of a diplomatic passport, diplomatic considered an aggravating circumstance if the clandestine laboratory is
facilities or any other means involving his/her official status intended to undertaken or established under the following circumstances:
facilitate the unlawful entry of the same. In addition, the diplomatic passport (a) Any phase of the manufacturing process was conducted in the
shall be confiscated and canceled presence or with the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken
Sale, Trading, Administration, Dispensation, Delivery, Distribution and within one hundred (100) meters of a residential, business, church or
Transportation of Dangerous Drugs and/or Controlled Precursors and school premises;
Essential Chemicals (c) Any clandestine laboratory was secured or protected with booby
If the sale, trading, administration, dispensation, delivery, distribution or traps;
transportation of any dangerous drug and/or controlled precursor and (d) Any clandestine laboratory was concealed with legitimate business
essential chemical transpires within one hundred (100) meters from the operations; or
school, the maximum penalty shall be imposed in every case. (e) Any employment of a practitioner, chemical engineer, public official
● For drug pushers who use minors or mentally incapacitated or foreigner.
individuals as runners, couriers and messengers, or in any other
capacity directly connected to the dangerous drugs and/or lllegal Chemical Diversion of Controlled Precursors and Essential
controlled precursors and essential chemical trade, the maximum Chemicals
penalty shall be imposed in every case.
● If the victim of the offense is a minor or a mentally incapacitated Manufacture or Delivery of Equipment, Instrument, Apparatus, and
individual, or should a dangerous drug and/or a controlled Other Paraphernalia for Dangerous Drugs and/or Controlled
precursor and essential chemical involved in any offense herein Precursors and Essential Chemicals
provided be the proximate cause of death of a victim thereof, the The maximum penalty provided for under this Section shall be imposed upon
maximum penalty provided for under this Section shall be imposed. any person, who uses a minor or a mentally incapacitated individual to
● The maximum penalty provided for under this Section shall be deliver such equipment, instrument, apparatus and other paraphernalia for
imposed upon any person who organizes or, manages or acts as a dangerous drugs.
"financier" of any of the illegal activities prescribed
Possession of Dangerous Drugs
Maintenance of a Den, Dive or Resort The penalty of life imprisonment to death and a fine ranging from Five
The maximum penalty provided for under this Section shall be imposed in hundred thousand pesos (P500,000.00) to Ten million pesos
every case where any dangerous drug is administered, delivered or sold to a (P10,000,000.00) shall be imposed upon any person, who, unless
minor who is allowed to use the same in such a place. authorized by law, shall possess any dangerous drug in the following
quantities, regardless of the degree of purity thereof:
If such den, dive or resort is owned by a third person, the same shall be (1) 10 grams or more of opium;
confiscated and escheated in favor of the government: Provided, That the (2) 10 grams or more of morphine;
criminal complaint shall specifically allege that such place is intentionally (3) 10 grams or more of heroin;
used in the furtherance of the crime: Provided, further, That the prosecution (4) 10 grams or more of cocaine or cocaine hydrochloride;
shall prove such intent on the part of the owner to use the property for such (5) 50 grams or more of methamphetamine hydrochloride or "shabu";
purpose: Provided, finally, That the ​owner shall be included as an accused (6) 10 grams or more of marijuana resin or marijuana resin oil;
in the criminal complaint. (7) 500 grams or more of marijuana; and
Employees and Visitors of a Den, Dive or Resort

 
2D 36 
 
 
 
 

(8) 10 grams or more of other dangerous drugs such as, but not limited Unnecessary Prescription of Dangerous Drugs
to, methylenedioxymethamphetamine (MDA) or "ecstasy", additional penalty of the revocation of his/her license to practice shall be
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), imposed upon the practitioner, who shall prescribe any dangerous drug to
lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), any person whose physical or physiological condition does not require the
and those similarly designed or newly introduced drugs and their use or in the dosage prescribed therein
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and Plea-Bargaining Provision violative of rule making power of the
promulgated by the Board in accordance to Section 93, Article XI of this Supreme Court
Act. (x) ​Any person charged under any provision of this Act regardless of the
imposable penalty shall not be allowed to avail of the provision on
Otherwise, if the quantity involved is less than the foregoing quantities, plea-bargaining.
the penalties shall be graduated
Non-Applicability of the Probation Law for Drug Traffickers and
Possession of Equipment, Instrument, Apparatus and Other Pushers
Paraphernalia for Dangerous Drugs Any person convicted for drug trafficking or pushing under this Act,
regardless of the penalty imposed by the Court, cannot avail of the privilege
Possession of Dangerous Drugs During Parties, Social Gatherings or granted by the Probation Law or Presidential Decree No. 968, as amended.
Meetings
Qualifying Aggravating Circumstances in the Commission of a Crime
Possession of Equipment, Instrument, Apparatus and Other by an Offender Under the Influence of Dangerous Drugs. –
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings Notwithstanding the provisions of any law to the contrary, a positive finding
or Meetings for the use of dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an offender, and the
Use of Dangerous Drugs application of the penalty provided for in the Revised Penal Code shall be
A person apprehended or arrested, who is found to be positive for use of any applicable.
dangerous drug, after a confirmatory test, shall be imposed a penalty of a
minimum of six (6) months rehabilitation in a government center for the first Attempt or Conspiracy.
offense, subject to the provisions of Article VIII of this Act. Any attempt or conspiracy to commit the following unlawful acts shall be
penalized by the same penalty prescribed for the commission of the same as
If apprehended using any dangerous drug for the second time, he/she shall provided under this Act:
suffer the penalty of imprisonment ranging from six (6) years and one (1) day (a) Importation of any dangerous drug and/or controlled precursor
to twelve (12) years and a fine ranging from Fifty thousand pesos and essential chemical;
(P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, (b) Sale, trading, administration, dispensation, delivery, distribution
That this Section shall not be applicable where the person tested is also and transportation of any dangerous drug and/or controlled
found to have in his/her possession such quantity of any dangerous drug precursor and essential chemical;
provided for under Section 11 of this Act, in which case the provisions stated (c) Maintenance of a den, dive or resort where any dangerous drug
therein shall apply. is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor
Cultivation or Culture of Plants Classified as Dangerous Drugs or are and essential chemical; and
Sources Thereof (e) Cultivation or culture of plants which are sources of dangerous
drugs.
Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Liability of Public Officers
Chemicals. ● Misappropriation

 
2D 37 
 
 
 
 

● Misapplication ■ the person/s from whom such items were

● Failure to Account for the Confiscated, Seized and/or Surrendered confiscated and/or seized
Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled ■ representative or counsel
Precursors and Essential Chemicals, Instruments/Paraphernalia ■ Media
and/or Laboratory Equipment Including the Proceeds or Properties ■ DOJ
Obtained ■ civil society groups
● Planting of evidence ■ any elected public official.
● The PDEA Board issues a ​sworn certification as to the fact of
CHAIN OF CUSTODY (take note of time requirements) destruction or burning of the subject item/s together with the
● Law enforcement officer to confiscate the illegal drugs obtained in representative sample/s in the custody of the PDEA
the crime scene ○ submitted to the court having jurisdiction over the case
● Apprehending team ​having initial custody and control of the drugs ○ representative sample/s shall be kept to a minimum
● to immediately undertake a physical inventory of the confiscated quantity as determined by the Board.
drugs ● During the trial, the prosecution has the burden of proving the chain
○ to take photographs of the same, in the presence of the of custody
accused or the person/s from whom such items were ○ i.e., the prosecutor must prove that the sample of drugs
confiscated and/or seized, or his/her representative or being presented into evidence forms part of the inventory
counsel of drugs at the time and place of confiscation; prosecutor
○ sign the copies of the inventory must prove that the said drugs which are being presented
○ representative from the media and the Department of into evidence are the same substances taken from the
Justice (DOJ) and any elected public official who shall be possession of the accused.
required to ● If there are substantial gaps in the testimony of witnesses on the
● Within 24 hours upon confiscation of dangerous drugs, these must chain of custody of the seized dangerous drugs, these raise doubts
be submitted to the PDEA Forensic Laboratory for a qualitative and about the authenticity of the evidence presented in court, and
quantitative examination. therefore the accused cannot be convicted beyond reasonable
○ forensic laboratory examiner must then make a doubt
certification of the forensic laboratory examination results
○ Certification must be issued within 24 hours after the
receipt of the subject item/s.
○ If certification cannot be made in 24 hours, partial Code of Conduct for Public Officers (R.A. 6713)
laboratory examination report shall be provisionally issued
stating the quantities of dangerous drugs still to be Prohibited Acts and Transactions. (Section 7)
examined by the forensic laboratory 1) Financial and material interest. - Public officials and employees shall not,
○ Final certification must be issued on the completed directly or indirectly, have any financial or material interest in any transaction
forensic laboratory examination within the next 24 hours requiring the approval of their office.
(law only allows an extended period of 24 hours) 2) Outside employment and other activities related thereto. - Public officials
● Police agents shall simultaneously file the complaint with the and employees during their incumbency shall not:
prosecutor, who in turn files the criminal Information in court. a. Own, control, manage or accept employment as officer,
○ 72hours after filing, the court must conduct an ocular employee, consultant, counsel, broker, agent, trustee or
inspection of the confiscated, seized and/or surrendered nominee in any private enterprise regulated, supervised or
dangerous drugs. licensed by their office unless expressly allowed by law;
○ Within 24 hours thereafter, the PDEA shall then proceed b. Engage in the private practice of their profession unless
with the destruction or burning of the confiscated drugs authorized by the Constitution or law, provided, that such
■ in the presence of the accused

 
2D 38 
 
 
 
 

practice will not conflict or tend to conflict with their official ➔ GR: All public officials and employees, shall file under oath their
functions; or SALN and a Disclosure of Business Interests and Financial
c. Recommend any person to any position in a private Connections and those of their spouses and unmarried children
enterprise which has a regular or pending official under eighteen (18) years of age living in their households.
transaction with their office. ➔ EX: those who serve in an honorary capacity, laborers and casual
● GR: These prohibitions shall continue to apply for a period or temporary workers
of one (1) year after resignation, retirement, or separation ➔ GR: Shall be available to the public
from public office, ➔ EX: (a) any purpose contrary to morals or public policy; or (b) any
● EX: Engage in private practice (b)(2) commercial purpose other than by news and communications
3) Disclosure and/or misuse of confidential information. - Public officials and media for dissemination to the general public.
employees shall not use or divulge, confidential or classified information Filing of Statement of Assets, Liabilities and Net Worth (SALN) shall be
officially known to them by reason of their office and not made available to done in 3 occasions (amended RA 3019 on this matter):
the public, either: 1. Within 30 days AFTER assumption of office
1. To further their private interests, or give undue advantage to 2. On or before April 30 of every year thereafter; and
anyone; or 3. Within 30 days after separation from service
2. To prejudice the public interest.
4) Solicitation or acceptance of gifts. - Public officials and employees shall New data that must be stated in the SALN:
not solicit or accept, directly or indirectly, any gift, gratuity, favor, 1. Real property, its improvements, acquisition costs, assessed value
entertainment, loan or anything of monetary value from any person in the and current fair market value
course of their official duties or in connection with any operation being 2. Personal property and acquisition cost
regulated by, or any transaction which may be affected by the functions of 3. All other assets such as investments, cash on hand or in banks,
their office. stock, bonds and the like
● As to gifts or grants from foreign governments, the Congress 4. Liabilities
consents to: 5. All business interests and financial connections
a) The acceptance and retention by a public official or
employee of a gift of nominal value tendered and received Section 9. A public official or employee shall avoid conflicts of interest
as a souvenir or mark of courtesy; at all times.
b) The acceptance by a public official or employee of a gift in ● When a conflict of interest arises, he shall resign from his position
the nature of a scholarship or fellowship grant or medical in any private business enterprise within thirty (30) days from his
treatment; or assumption of office and/or divest himself of his shareholdings or
c) The acceptance by a public official or employee of travel interest within sixty (60) days from such assumption.
grants or expenses for travel taking place entirely outside ● The same rule shall apply where the public official or employee is a
the Philippine (such as allowances, transportation, food, partner in a partnership.
and lodging) of more than nominal value if such ● The requirement of divestment shall not apply to those who serve
acceptance is appropriate or consistent with the interests the Government in an honorary capacity nor to laborers and casual
of the Philippines, and permitted by the head of office, or temporary workers.
branch or agency to which he belongs.
NOTE: Nothing in this Act shall be construed to restrict or prohibit any Section. 11. Prescribes the criminal and administrative liability for
educational, scientific or cultural exchange programs subject to national violation of any provision
security requirements. ● Any violation hereof proven in a proper administrative proceeding
shall be sufficient cause for removal or dismissal of a public official
SALN (Section 8) or employee, even if no criminal prosecution is instituted against
➔ constitutional and reasonable for the State to enact a statute under him.
police power to promote morality in public service.

 
2D 39 
 
 
 
 

respondent has acquired any of the property in question in cases

Forfeiture Law (R.A. 1379) where such testimony is necessary to prove violations of this Act.

Nature of Forfeiture Proceedings

● Criminal or penal and therefore exemption of defendants thereto Government Procurement Act
from the obligation to be a witness against themselves is applicable
● Right of the State to recover ill-gotten wealth does NOT prescribe Prohibited Acts
1. Open any sealed Bid including but not limited to Bids that may have been
"Other legitimately acquired property" submitted through the electronic system and any and all documents required
● Means any real or personal property, money or securities which the to be sealed or divulging their contents, prior to the appointed time for the
respondent has at any time acquired by inheritance and the income public opening of Bids or other documents.
thereof, or by gift inter vivos before his becoming a public officer or
employee 2. Delaying, without justifiable cause, the screening for eligibility, opening of
● It shall not include: bids, evaluation and post evaluation of bids, and awarding of contracts
1. Property unlawfully acquired by the respondent, but beyond the prescribed periods of Bids or other documents.
a. its ownership is concealed by its being recorded in the
name of respondent's spouse, ascendants, descendants, 3. Unduly influencing or exerting undue pressure on any member of the BAC
relatives, or any other person. or any officer or employee of the procuring entity to take a particular bidder.
b. transferred by him to another person or persons on or
after the effectivity of this Act. 4. Splitting of contracts which exceed procedural purchase limits and
2. Property donated to the respondent during his incumbency, unless he can competitive bidding.
prove to the satisfaction of the court that the donation is lawful.
5. When the head of the agency abuses the exercise of his power to reject
Filing of petition any and all bids as mentioned under Section 41 of this Act with manifest
● The Solicitor General, upon complaint by any taxpayer to the city or preference to any bidder who is closely related to him in accordance with
provincial fiscal Section 47 of this Act.
● Provided​, That no such petition shall be filed within one year before
any general election or within three months before any special Without prejudice to RA 3019 and other laws
election. The public officer involved shall also suffer the penalty of temporary
● The resignation, dismissal or separation of the officer or employee disqualification from public office, while the private individual shall be
from his office or employment in the Government or in the permanently disqualified from transacting business with the government.
Government-owned or controlled corporation shall not be a bar to
the filing of the petition Private Individuals and any public officer conspiring with them are
● Prescribe after four years from the date of the resignation, liable
dismissal or separation or expiration of the term of the office or 1. Submit eligibility requirements of whatever kind and nature that contain
employee concerned, except as to those who have ceased to hold false information or falsified documents calculated to influence the outcome
office within ten years prior to the approval of this Act, in which of the eligibility screening process or conceal such information in the
case the proceedings shall prescribe after four years from the eligibility requirements when the information will lead to a declaration of
approval hereof. ineligibility from participating in public bidding.

Immunity 2. Submit Bidding Documents of whatever kind and nature than contain false
● The Solicitor General may grant immunity from criminal prosecution information or falsified documents or conceal such information in the Bidding
to any person who testifies to the unlawful manner in which the Documents, in order to influence the outcome of the public bidding.

 
2D 40 
 
 
 
 

3. Participate in a public bidding using the name of another or allow another persuaded, induced, or influenced to commit such violation or
to use one's name for the purpose of participating in a public bidding. offense.
● Directly or indirectly requesting or receiving any gift
4. Withdraw a Bid, after it shall have qualified as the Lowest Calculated ● Directly or indirectly requesting or receiving any gift, present or
Bid/Highest Rated Bid, or to accept and award, without just cause or for the other pecuniary or material benefit, for himself or for another, from
purpose of forcing the Procuring Entity to award the contract to another any person for whom the public officer, in any manner or capacity,
bidder. This shall include the non-submission of requirements such as, but has secured or obtained, or will secure or obtain, any Government
not limited to, performance security, preparatory to the final award of the permit or license, in consideration for the help given or to be given
contract. ● Accepting or having any member of his family accept employment
in a private enterprise which has pending official business with him
Accessory Penalty during the pendency thereof or within one year after its termination.
When the bidder is a juridical entity, criminal liability and the accessory ● Causing any undue injury to any party, including the Government,
penalties shall be imposed on its directors, officers or employees who or giving any private party any unwarranted benefits, advantage or
actually commit any of the foregoing acts. preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross
Swiss Challenge inexcusable negligence. This provision shall apply to officers and
Form of public procurement operated in some jurisdictions, which requires a employees of offices or government corporations charged with the
public authority (usually an agency of government) which has received an grant of licenses or permits or other concessions.
unsolicited bid for a public project (such as a port, road or railway), or for ● Neglecting or refusing, after due demand or request, without
services to be provided to government, to publish the bid and invite third sufficient justification, to act within a reasonable time on any matter
parties to match or better it. (Basically a company proposes a project to the pending before him for the purpose of obtaining, directly or
government that it can do, government shall hold bidding, but if the company indirectly, from any person interested in the matter some pecuniary
can match the lowest bidder, the project shall be granted to the company or material benefit or advantage,
who proposed it) ● Entering, on behalf of the Government, into any contract or
transaction manifestly and grossly disadvantageous
● Director or indirectly having financing or pecuniary interest in any
Anti-Graft and Corrupt Practices Act (RA 3019) business, contract or transaction in connection with which he
Offense committed in relation to the office intervenes or takes part in his official capacity, or in which he is
Must mean that the offense could not be committed or could not exist prohibited by the Constitution or by any law from having any
without the office interest.
● Directly or indirectly becoming interested, for personal gain, or
Public officer having a material interest in any transaction or act requiring the
includes elective and appointive officials and employees, permanent or approval of a board, panel or group of which he is a member
temporary, whether in the classified or unclassified or exempt service ● Knowingly approving or granting any license, permit, privilege or
receiving compensation, even nominal, from the government as defined in benefit in favor of any person not qualified for or not legally entitled
the preceding subparagraph. to such license, permit, privilege or advantage, or of a mere
Jurisprudence: includes contractual employees and reelected public officers representative or dummy of one who is not so qualified or entitled.
● Divulging valuable information of a confidential character
Corrupt practices of public officers
● Persuading, inducing or influencing another public officer to perform PRESUMPTION: ​Interest for personal gain shall be presumed against those
an act constituting a violation of rules and regulations duly public officers responsible for the approval of manifestly unlawful,
promulgated by competent authority or an offense in connection inequitable, or irregular transaction or acts by the board, panel or group to
with the official duties of the latter, or allowing himself to be which they belong.

 
2D 41 
 
 
 
 

Emphasized Prohibited Act under Section 3(e) Enacted to put more teeth to existing laws and regulations to ​wipe out all
1. Causing undue injury to any party, including the government conceivable forms of graft and corruption in the public service. It is
2. By giving any party any unwarranted benefit, advantage, or believed that the stoppage of the practice of gift-giving to government
preference officials is a concrete step in the administration’s program of reforms.

Element of Section 3(e) Punishable Acts

1. Offender is a public officer 1. Any public official or employee, National or Local, ​to receive
2. Act was done in the discharge of the public officer’s official, directly or indirectly ​any gift, present or other valuable thing which
administrative, or judicial functions is given by reason of his official position.
3. The act was done through manifest partiality, evident bad faith, or a. Whether for past favors; or
gross inexcusable negligence b. The giver hopes or expects to receive a better treatment
4. The public officer caused any undue injury to any party, including or favor in the future.
the Government ​OR ​gave any unwarranted benefits, advantage, or 2. Any private persons who gives, or offers to give, any gift, present or
preference other valuable thing by reason of the official or employee’s position.
Note: Good faith is a defense to 3e against being in evident bad faith. If the a. For past favors; or
accusation is evident bad faith to cause undue injury b. Giver hopes or expects to receive a better treatment or
favor in the future.
Undue injury 3. Throwing of parties or entertainments in honor of the official and
Real or actual damage occasioned by the acts of the offender. It must be employees ​or his immediate relatives​​. (like retirements,
more than what is necessary and must be duly established. promotions, despedidas, and christmas.)

Manifest partiality Penalties

Mere bad faith or partiality and negligence per se are not enough. It could 1. Imprisonment of not less than 1 year, but not more than 5 years,
not be imputed absent any proof that a person acted with malice or fraud. and
2. Perpetual disqualification from public office shall be imposed.
Suspension not a penalty
Suspension is mandatory after the validity of the information has been Administrative liability
upheld in a pre-suspension hearing to determine it Aside from criminal liability, the official and employee concerned shall be
● Ministerial in character subject to administrative disciplinary action.
● Not a penalty because it is not imposed as a result of judicial
proceedings If found guilty, shall be meted out the penalty of suspension or removal,
● If accused is acquitted, the official concerned shall be entitled to depending on seriousness of the offense.
reinstatement and to the salaries and benefits which he failed to
receive during suspension (Note: The law requires the acquittal,
which implies a trial on the merits. If there is a dismissal, there is no Anti-Plunder Act
entitlemnt to the salaries and benefits)
Persons Who Can Be Guilty
1. 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
Prohibition for Public Officials and Employees to Receive, and for or acquires ill-gotten wealth through a ​combination or series of
Private Persons to Give Gifts on any Occasion, Including Christmas overt or criminal acts in the aggregate amount or total value of at
least 50M (if only 1 transaction not plunder; iif 49,999,999 not
plunder)

 
2D 42 
 
 
 
 

2. Any person who participated with the public officer 10. Mala in se
Ill-Gotten Wealth
- any asset, property, business enterprise or material possession of
any person, acquired by him directly or indirectly through dummies,
nominees, agents, subordinates and/or business associates by any
combination or series or similar schemes.
Means of Acquiring
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 damag​​e and prejudice of
the Filipino ​people​​ and the Republic of the Philippines.
Notes:
1. Penalty = RP to Death
2. Penalty determined by degree of participation and attendance of
mitigating circumstances
3. Ill-gotten wealth will be forfeited in favor of the state
4. SB has original jurisdiction
5. No need to prove each criminal act, sufficient to prove beyond
reasonable doubt a pattern of overt acts
6. Public official while case is pending will be suspended
7. If convicted of plunder = lose retirement or gratuity benefits
8. If acquitted = reinstated and receive salaries and benefits he’s
entitled to while the case was pending.
9. Prescription of Crime of Plunder = 20 Years; Right to Recover
Ill-gotten wealth not barred by prescription, laches, estoppel

 
2D 43 
 
 
 
 

PUBLIC INTEREST ➢ Athletic events or similar contests that furthers a legal and
legitimate objective - ​not hazing​​, subject to submission of a
medical clearance/certificate
Anti-Alias Law
Initiation Rites
GR: ​No person shall use any name different from the one which he was ● Ceremonies, practices, rituals that a person must perform or take
registered at birth in the office of local registry, or with which he was part in order to be accepted as a full-fledged member
baptized for the first time, or in case of an alien, with which he was
registered in the Bureau of Immigration. Allowed initiation rites that do not constitute hazing (harmonized with
Exceptions blue tips)
1. As pseudonym solely for literary, entertainment or athletic events ● Written application to the proper authorities of the school or
where pseudonym is normally accepted organization 7 days prior to conduct of initiation
2. When judicially authorized and duly recorded in the proper local ● Indicate the place and date and that the period will not last more
civil registry than 3 days, names of recruits, names of officers, undertaking that
3. Use of fictitious name in a single instance without any indication no harm shall be committed
that the user intends to be known by such name. ● Presence of 2 representatives of the school or organization during
Penalty the initiation and that they shall ensure that no hazing is conducted
- 5k-10k ○ If hazing is still committed, the 2 are not liable unless it is
- Imprisonment of 1-5 Years proven that they failed to perform an overt act to prevent
Notes or stop the commission
1. Use of nickname? - valid, not used as whole name
2. Erap as Jose Velarde? - valid, not publicly used Faculty Adviser
3. In order for the name to be qualified as to be used publicly, it must ● Not a member of the fraternity, sorority, or organization
be made openly or in an open place to cause it to be generally ● Duly recognized active member of the faculty at the school where
known. The INTENT to publicly use the name should be proven. the organization is established
● Responsible for monitoring the activities
● Presumed that he has knowledge and consented to the
commission of any of the unlawful acts
Anti-Hazing Act of 2018
Hazing Who are punished
● Act that results in physical or psychological suffering, harm, or ● All who actually planned or participated
injury inflicted on a recruit, neophyte, applicant, or member ● All who are actually present
● As part of an initiation rite as a ​prerequisite for admission or a ● Adviser who is present but failed to take action to prevent if he can
requirement for continuing membership do so without peril to himself or family
○ Paddling, whipping, beating, branding, forced calisthenics, ● Members who induced the victim to be present
exposure to the weather, forced consumption, brutal ● Members who are present while intoxicated or under the influence
treatment, forced physical activity of alcohol or illegal drugs
○ Activities that humiliate, embarrass, degrade, abuse, or ● Former officers, nonresident members, alumni who after the
endanger by requiring to do menial, silly, or foolish tasks commission, perform any act to hide or conceal, or obstruct any
➢ No lawful hazing​​, but only lawful initiation rites investigation
➢ Physical, mental, and psychological testing and training procedures ● Any person who intimidates, threatens, forces another for the
to determine and enhance the fitness of prospective members of purpose of recruitment
AFP and PNP - ​not hazing

 
2D 44 
 
 
 
 

● School if there was a written application which was approved but no the hazing activity was to induce Y to be present. The hazing would not have
representatives from the school were present during the initiation - been accomplished were it not for the acts of X that induced Y to be present.
FINE of 1M
● Owner/lessee of the place where hazing is conducted OR school Q: May a person be prosecuted separately for serious physical injuries and
authorities/ barangay, municipal, or city officials who allowed the physical torture by systematic beating and punching under the Anti-Torture
conduct of hazing, if: Act?
○ Has actual knowledge of the hazing
○ Failed to take action to prevent or failed to promptly report A: Yes, Sec. 15 of the Anti-Torture Act provides that torture is treated as a
to the law enforcers if they can do so without peril to their separate and independent crime, the penalties of which shall be imposed
person or family without prejudice to any other criminal liability under domestic or
➢ Presence even if not a member - prima facie evidence of international laws.
participation as principal unless he prevented or promptly reported
to the law enforcers if he can do so without peril to his person or
family
➢ Any person charged above - ​not entitled to mitigating circumstance
that there was no intention to commit so grave a wrong

Waiver and Consent - VOID

● Approval, consent, or express waiver of the right to object to the
initiation rite made by a recruit is void
● Defense that the recruit consented to being subjected to hazing -
not available

FROM BLUE TIPS:

Q: X and Y were found guilty of violating the anti-hazing law. They both
claim that they did not participate in the hazing and only came after the
victim already in a bad condition. Further, they allege that they did not intend
to kill the victim. Are they liable?

A: Yes, the prosecution indubitably established the presence of X and Y

during the hazing through witness testimonies. This gave rise to the ​prima
facie evidence of their actual participation in the hazing. Further, this
crime is a ​malum prohibitum​​. The law provides that any person charged
with this crime shall ​not be entitled to the mitigating circumstance that
there was no intention to commit so grave a wrong​​.

Q: X persuaded Y to be part of his fraternity. Y underwent hazing which led

to his death. X claims that he did not participate in the hazing and did not
intend the death of Y. Is X liable?

A: Yes, ​mere persuading someone to undergo hazing is punishable​​.

Hazing has different stages and the perpetrators have ​different roles
therein, not solely inflicting physical injuries to the neophyte. The role of X in

 
2D 45 
 
 
 
 

NATIONAL SECURITY
Anti-Piracy and Highway Robbery
Anti-Wire Tapping Act
Philippine Waters​​.
It shall refer to all bodies of water, such as but not limited to, seas, gulfs,
Acts Prohibited bays around, between and connecting each of the Islands of the Philippine
- unlawful for any person, ​not being authorized by all the parties Archipelago, irrespective of its depth, breadth, length or dimension, and all
to any private communication or spoken word: other waters belonging to the Philippines by historic or legal title, including
a. tap ​any wire or cable, or by using any other device or arrangement, territorial sea, the sea-bed, the insular shelves, and other submarine areas
to secretly overhear, intercept, or record such communication or over which the Philippines has sovereignty or jurisdiction.
spoken word by using a device commonly known as a d​ictaphone
or dictagraph or detectaphone or walkie-talkie or tape Vessel
recorder​​, or however otherwise described Any vessel or watercraft used for transport of passengers and cargo from
b. knowingly possess any tape record, wire record, disc record, or one place to another through Philippine Waters. It shall include all kinds and
any other such record types of vessels or boats used in fishing.
c. to replay ​the same for any other person or persons
d. to communicate the contents thereof, either verbally or in writing, Philippine Highway
or to furnish transcriptions thereof, whether complete or partial, to It shall refer to any road, street, passage, highway and bridges or other parts
any other person thereof, or railway or railroad within the Philippines used by persons, or
vehicles, or locomotives or trains for the movement or circulation of persons
Inadmissibility or transportation of goods, articles, or property or both.
- Render such evidence inadmissible to any judicial, quasi-judicial,
legislative or admin hearing or investigation Piracy
When Valid Any attack upon or seizure of any vessel, or the taking away of the whole or
- Where a peace officer under the authority of a written order of the part thereof or its cargo, equipment, or the personal belongings of its
court in cases involving: treason, espionage, provoking war, complement or passengers, irrespective of the value thereof, by means of
disloyalty in case of war, piracy, mutiny in high seas, conspiracy violence against or intimidation of persons or force upon things, committed
and proposal or inciting or committing rebellion, conspiracy and by any person, including a passenger or member of the complement of said
proposal or inciting or committing sedition, kidnapping. vessel, in Philippine waters, shall be considered as piracy. The offenders
Notes: shall be considered as pirates and punished as hereinafter provided.
1. Even a person privy to the communication may violate this law
2. Wire-tapping of a peace officer must show reasonable grounds to Highway Robbery/Brigandage.
believe that such crimes has been committed, being committed, or The seizure of any person for ransom, extortion or other unlawful purposes,
about to be committed and such evidence is essential for conviction or the taking away of the property of another by means of violence against or
EXPN: For conspiracy and proposal or inciting or committing intimidation of person or force upon things of other unlawful means,
sedition/rebellion, written order will only be granted if such was committed by any person on any Philippine Highway.
actually committed or being committed (not only about to be
committed) Penalties​​.
3. Hello Garci Tapes not in violation of the law. The content was a Any person who commits piracy or highway robbery/brigandage as herein
matter of important public concern. The people has the right to defined, shall, upon conviction by competents court be punished by:
information on matters of public concern. ● Piracy - Reclusion Temporal in its medium and max periods
4. Recording while speaking in public, not under the law ● Piracy with physical injuries or other crimes - RP
5. Using cellphone to record, not under the law. ● Piracy with rape, murder, or homicide - RP or life imprisonment
6. Extension lines, not under the law.

 
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● Highway Robbery/Brigandage - Reclusion temporal in its minimum Data Interference

period The intentional or reckless alteration, damaging, deletion or deterioration of
● If with physical injuries or other crimes are committed during or on computer data, electronic document, or electronic data message, without
the occasion of the commission of robbery or brigandage - right, including the introduction or transmission of viruses.
reclusion temporal in its medium and maximum periods System Interference
● If kidnapping for ransom or extortion, or murder or homicide, or
rape as a result or on the occasion- RP or life imprisonment The intentional alteration or reckless hindering or interference with the
functioning of a computer or computer network by inputting, transmitting,
Any person who ​knowingly and in any manner aids or protects ​pirates damaging, deleting, deteriorating, altering or suppressing computer data or
or highway robbers/brigands, such as giving them information about the program, electronic document, or electronic data message, without right or
movement of police or other peace officers of the government, or ​acquires authority, including the introduction or transmission of viruses.
or receives property taken by such pirates or brigands or in any manner
derives any benefit or any person who ​directly or indirectly abets the Misuse of Devices
commission of piracy or highway robbery or brigandage, ​shall be Cyber-squatting
considered as an accomplice of the principal offenders and be punished in - ​The acquisition of a domain name over the internet in bad faith to profit,
accordance with the Rules prescribed by the Revised Penal Code. mislead, destroy reputation, and deprive others from registering the same​.

COMPUTER RELATED OFFENSES

PIRACY UNDER RPC  PIRACY UNDER PD 532 
Computer-related Forgery
Computer-related Fraud
May  be  committed  whether  in  the  May  only  be  committed  in  Philippine 
Computer-related Identity Theft
Philippines or in the high seas  Waters (consti definition of PH Waters) 
CONTENT RELATED OFFENSES
Cybersex
Does  not  punish  the  passengers  or  Passengers  or  crew  member  are  now  The willful engagement, maintenance, control, or operation, directly or
crew members of the ship  punished  indirectly, of any lascivious exhibition of sexual organs or sexual activity, with
the aid of a computer system, for favor or consideration.

Child Pornography
The unlawful or prohibited acts defined and punishable by the Anti-Child
Anti-Cybercrime Law (R.A. 10175) Pornography Act of 2009, committed through a computer system: ​Provided,
That the penalty to be imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775.
COMPUTER DATA OFFENSES
Unsolicited Commercial Communications
Illegal Access The transmission of commercial electronic communication with the use of
The access to the whole or any part of a computer system without right. computer system which seek to advertise, sell, or offer for sale products and
services are prohibited​.
Illegal Interception
The interception made by technical means without right of any non-public Libel
transmission of computer data to, from, or within a computer system ​The unlawful or prohibited acts of libel as defined in Article 355 of the
including electromagnetic emissions from a computer system carrying such Revised Penal Code, as amended, committed through a computer system or
computer data. any other similar means which may be devised in the future.

 
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Other Offenses v. (Anti-Piracy and Anti-Highway Robbery Law of

Aiding and Abetting the Commission of Cybercrime 1974); and,
Attempts in the Commission of Cybercrime vi. (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in,
NOTE: Acquisition or Disposition of Firearms,
A juridical person may commit Cybercrime. Ammunitions or Explosives)
2. Second, the commission of the predicate crime sows and creates a
Disini vs. SOJ condition of widespread and extraordinary fear and panic among the
Unconstitutional Provisions of the Anti-Cybercrime Law: populace.
● Real time collection of traffic data 3. Third, the purpose is in order to coerce the government to give in to an
- Too sweeping and lacks restraint unlawful demand.
- There must be a warrant for collection
- In violation of the Right to Privacy ● NO PAROLE
● DOJ’s power to restrict/block computer data access upon prima ● There is conspiracy when two or more persons come to an
facie presumption of violation of Cybercrime Law agreement concerning the commission of the crime of terrorism as
● The DOJ cannot substitute for a JUDICIAL search warrant defined in Section 3 of R.A.9372 and decide to commit the same.
● Unsolicited Commercial Communications ● Mere conspiracy to commit terrorism is punishable. It provides:
- Otherwise known as “spam” “Persons who conspire to commit the crime of terrorism shall suffer
- Considered as commercial speech the penalty of forty (40) years of imprisonment.”
- Entitled to protection
- Prohibition on such communication denies a person of his right to SURVEILLANCE OF SUSPECTS AND INTERCEPTION AND
his mail, even unsolicited ones. RECORDING OF COMMUNICATIONS ALLOWED(Section 7)
● The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law)
to the contrary notwithstanding, a police or law enforcement official
and the members of his team may listen to, intercept and record
Human Security Act (R.A. 9372) communication upon a ​written order of the Court of Appeals​.
THE ELEMENTS OF THE CRIME OF TERRORISM (Sec.3)
1. ​First, any person who commits an act punishable under any of the PERIOD OF DETENTION WITHOUT JUDICIAL WARRANT OF ARREST
following provisions of the Revised Penal Code: (Section 18)
a. Article 122 (Piracy in General and Mutiny in the High Seas ● any police or law enforcement personnel, who, having been duly
or in the Philippine Waters); authorized in writing by the Anti-Terrorism Council has taken
b. Article 134 (Rebellion or Insurrection); custody of a person charged with or suspected of the crime of
c. Article 134-a (Coup d' Etat), including acts committed by terrorism or the crime of conspiracy to commit terrorism shall,
private persons; without incurring any criminal liability for delay in the delivery of
d. Article 248 (Murder); detained persons to the proper judicial authorities, deliver said
e. Article 267 (Kidnapping and Serious Illegal Detention); charged or suspected person to the proper judicial authority within
f. Article 324 (Crimes Involving Destruction), or under a period of three days counted from the moment the said charged
i. (The Law on Arson); or suspected person has been apprehended or arrested (if not
ii. (Toxic Substances and Hazardous and Nuclear deliver within 3 days, criminally liable)
Waste Control Act of 1990); ● Provided, That the arrest of those suspected of the crime of
iii. (Atomic Energy Regulatory and Liability Act of terrorism or conspiracy to commit terrorism must result from the
1968); surveillance under Section 7 and examination of bank deposits
iv. (Anti-Hijacking Law); under Section 27 of this Act.

 
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6. to individual persons who, although physically outside the territorial

INFIDELITY IN THE CUSTODY OF DETAINED PERSONS (Section 44) limits of the Philippines, commit said crimes directly against the
● any public officer who has direct custody of a detained person or Philippine government.
under the provisions of this Act and who by his deliberate act,
misconduct, or inexcusable negligence causes or allows the
escape of such detained person shall be guilty of an

DOUBLE JEOPARDY (Section 49)

● Acquittal of the accused shall be a bar to another prosecution for
any offense or felony which is necessarily included in the offense
charged
THE ACCUSED IS ENTITLED TO DAMAGES FOR UNPROVEN CHARGE
OF TERRORISM (Section 50)
● upon acquittal, any person who is accused of terrorism shall be
entitled to the payment of damages in the amount of Five hundred
thousand pesos (P500,000.00) for every day that he or she has
been detained or deprived of liberty or arrested without a warrant
as a result of such an accusation.

AN INDIVIDUAL PERSON, ALTHOUGH PHYSICALLY OUTSIDE THE

TERRITORIAL LIMITS OF THE PHILIPPINES CAN BE HELD
CRIMINALLY LIABLE FOR ACTS OF TERRORISM (Section 58)
“Extra-Territorial Application of this Act. - Subject to the provision of an
existing treaty of which the Philippines is a signatory and to any contrary
provision of any law of preferential application, the provisions of this Act
shall apply:
1. to individual persons who commit any of the crimes defined and
punished in this Act within the terrestrial domain, interior waters,
maritime zone, and airspace of the Philippines;
2. to individual persons who, although physically outside the territorial
limits of the Philippines, commit, conspire or plot to commit any of
the crimes defined and punished in this Act inside the territorial
limits of the Philippines;
3. to individual persons who, although physically outside the territorial
limits of the Philippines, commit any of the said crimes on board
Philippine ship or Philippine airship;
4. to individual persons who commit any of said crimes within any
embassy, consulate, or diplomatic premises belonging to or
occupied by the Philippine government in an official capacity;
5. to individual persons who, although physically outside the territorial
limits of the Philippines, commit said crimes against Philippine
citizens or persons of Philippines descent, where their citizenship
or ethnicity was a factor in the commission of the crime; and

 
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