Bautista, Robert S.
JD- 4A
I. List all animus terms under Criminal Law.
1. animus auctoris—intention or will to perpetrate a crime
2. animus furandi—intent to steal or commit theft
3. animus laedendi—intent to injure
3. animus necandi—intent to kill (willful element of homicide)
5. animus nocendi—intent to harm or cause damage
6. animus socii—intention or willingness to assist in the commission of a crime as accomplic
7. animus spoliandi—intent to deprive or dispossess another of possession or enjoyment of
property or rights in property
8. animus defamandi_ the intention of defaming
9. animus capiendi- intention to take or capture
10. animus dereliquendi - intention of abandoning
11. animus deserendi- intention of deserting the spouse
12. animus differende- intentionn of obtaining delay
II. List Special Laws and their provisions that require criminal intent to be proven.
1. Republic Act No. 9775 (AN ACT DEFINING THE CRIME OF CHILD
PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER
PURPOSES)
Section 4. Unlawful or Prohibited Acts. – It shall be unlawful for any person:
(d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography of the
same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited
acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by themselves or in
cooperation with other entities, to distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or control of a child to knowingly
permit the child to engage, participate or assist in any form of child pornography;
2. PRESIDENTIAL DECREE No. 1612 (ANTI-FENCING LAW OF 1979)
"Fencing" is the act of any person who, with intent to gain for himself or for another, shall
buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any
other manner deal in any article, item, object or anything of value which he knows, or should be
known to him, to have been derived from the proceeds of the crime of robbery or theft.
3. R.A. NO. 6539 AS AMENDED BY R.A. NO. 7659 (ANTI-CARNAPPING ACT OF 1972
)
Carnapping —Defined as the 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 against
persons, or by using force upon things.
4. PRESIDENTIAL DECREE No. 1829 (PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS)
Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from
1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully
obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and
prosecution of criminal cases by committing any of the following acts:
altering, destroying, suppressing or concealing any paper, record, document, or object, with
intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any
investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or
official proceedings in, criminal cases;
(f) making, presenting or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in, criminal cases;
5. REPUBLIC ACT N0. 9745 (AN ACT PENALIZING TORTURE AND OTHER
CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT AND
PRESCRIBING PENALTIES THEREFOR)
Section 3. Definitions. - For purposes of this Act, the following terms shall mean:
(a) "Torture" refers to an act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him/her or a third person
information or a confession; punishing him/her for an act he/she or a third person has committed
or is suspected of having committed; or intimidating or coercing him/her or a third person; or for
any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at
the instigation of or with the consent or acquiescence of a person in authority or agent of a
person in authority. It does not include pain or Buffering arising only from, inherent in or
incidental to lawful sanctions.
6. REPUBLIC ACT NO. 9165 (AN ACT INSTITUTING THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425,
OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES)
Section 3. Definitions. As used in this Act, the following terms shall mean:
(cc) Planting of Evidence. – The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly, through any
overt or covert act, whatever quantity of any dangerous drug and/or controlled precursor and
essential chemical in the person, house, effects or in the immediate vicinity of an innocent
individual for the purpose of implicating, incriminating or imputing the commission of any
violation of this Act.
(ee) Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful acts
provided for in this Act and uses his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a
den, dive or resort where any dangerous drug is used or sold in any form.
If such den, dive or resort is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint shall specifically
allege that such place is intentionally used in the furtherance of the crime: Provided, further,
That the prosecution shall prove such intent on the part of the owner to use the property for such
purpose: Provided, finally, That the owner shall be included as an accused in the criminal
complaint.
7. REPUBLIC ACT NO. 11188 (AN ACT PROVIDING FOR THE SPECIAL
PROTECTION OF CHILDREN IN SITUATIONS OF ARMED CONFLICT AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF)
(m) False branding of children or labeling children as children involved in armed conflict refers
to the voluntary and intentional act of referring to, calling, defining, reporting or any other form
of communication that incorrectly defines children as children involved in armed conflict, when
the status or condition of such children are such that they are not involved in armed conflict as
defined in this Act;
(n) False reporting of a child in custody refers to the voluntary and intentional act of any person
of providing false, incorrect or mistaken information in relation to a child in custody in relation
to situations of armed conflict;
8. REPUBLIC ACT No. 3019 (ANTI-GRAFT AND CORRUPT PRACTICES ACT)
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or advantage, or
of a mere representative or dummy of one who is not so qualified or entitled.
9. PRESIDENTIAL DECREE No. 1829 (PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS)
Section 1. The penalty of prision correccional in its maximum period, or a fine koiranging
from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or
willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the
investigation and prosecution of criminal cases by committing any of the following acts:
altering, destroying, suppressing or concealing any paper, record, document, or object, with
intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any
investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or
official proceedings in, criminal cases;
(f) making, presenting or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or official
proceedings in, criminal cases;
10. REPUBLIC ACT No. 4200 (AN ACT TO PROHIBIT AND PENALIZE WIRE
TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER PURPOSES.)
Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to
be done any of the acts declared to be unlawful in the preceding section or who violates the
provisions of the following section or of any order issued thereunder, or aids, permits, or causes
such violation shall, upon conviction thereof, be punished by imprisonment for not less than six
months or more than six years and with the accessory penalty of perpetual absolute
disqualification from public office if the offender be a public official at the time of the
commission of the offense, and, if the offender is an alien he shall be subject to deportation
proceedings.
11. Republic Act No. 7610 (AN ACT PROVIDING FOR STRONGER DETERRENCE
AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER PURPOSES)
Section 5. Child Prostitution and Other Sexual Abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be
imposed upon the following:
Giving monetary consideration goods or other pecuniary benefit to a child with intent to
engage such child in prostitution.
12. REPUBLIC ACT 9105 (AN ACT DEFINING THE CRIME OF ART FORGERY,
PROVIDING PENALTIES, AND INSTITUTIONALIZING THE MECHANISM FOR
ART AUTHENTICATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES)
Section 3. Definition of Terms - For purposes of this Act, the following terms or phrases
used herein shall mean or be understood as follows:
Art forgery is committed by any person or entity who commits any of the following acts:
Counterfeiting or imitating any original signature or sign, with the intent to deceive the
public or the buyer as to the authorship of a work of art;
Imitating or reproducing any work of fine art with intent to deceive the public or the buyer
as to the authenticity of the work.
13. REPUBLIC ACT No. 9995 (AN ACT DEFINING AND PENALIZING THE CRIME
OF PHOTO AND VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR,
AND FOR OTHER PURPOSES)
Section 3. Definition of Terms. - For purposes of this Act, the term:
"Broadcast" means to make public, by any means, a visual image with the intent that it be viewed
by a person or persons.
14. REPUBLIC ACT NO. 10088 (AN ACT TO PROHIBIT AND PENALIZE THE
UNAUTHORIZED USE, POSSESSION AND/OR CONTROL OF AUDIOVISUAL
RECORDING DEVICES FOR THE UNAUTHORIZED RECORDING OF
CINEMATOGRAPHIC FILMS AND OTHER AUDIOVISUAL WORKS AND/OR
THEIR SOUNDTRACKS IN AN EXHIBITION FACILITY, PROVIDING PENALTIES
THEREFOR AND FOR OTHER PURPOSES)
Section 3. Acts Constituting Unauthorized Possession, Use and/or Control of Audiovisual
Recording Devices.- It shall be unlawful for any person, at a time when copyright subsists in a
cinematographic film or other audiovisual work or its soundtrack and without the authorization
of the copyright owner or exclusive licensee thereof, to:
(b)have in his/her possession, an audiovisual recording device in an exhibition facility, with
the intent of using or attempts to use the audiovisual recording device to transmit or make a copy
of any performance in the exhibition facility of such cinematographic film or other audiovisual
work or its soundtrack, or any part thereof; or
III. List Special laws that provide for mitigating and aggravating cirumstances.
1. Republic Act No. 7080 (AN ACT DEFINING AND PENALIZING THE CRIME OF
PLUNDER
Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by
himself or in connivance with members of his family, relatives by affinity or consanguinity,
business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten
wealth through a combination or series of overt or criminal acts as described in Section 1(d)
hereof, in the aggregate amount or total value of at least Seventy-five million pesos
(P75,000,000.00), shall be guilty of the crime of plunder and shall be punished by life
imprisonment with perpetual absolute disqualification from holding any public office. Any
person who participated with said public officer in the commission of plunder shall likewise be
punished. In the imposition of penalties, the degree of participation and the attendance of
mitigating and extenuating circumstances shall be considered by the court. The court shall
declare any and all ill-gotten wealth and their interests and other incomes and assets including
the properties and shares of stock derived from the deposit or investment thereof forfeited in
favor of the State.
2. REPUBLIC ACT NO. 9165 (AN ACT INSTITUTING THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425,
OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES)
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.
The presence of any controlled precursor and essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be
considered an aggravating circumstance if the clandestine laboratory is undertaken or established
under the following circumstances:
3. REPUBLIC ACT No. 9344 (AN ACT ESTABLISHING A COMPREHENSIVE
JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE
JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES)
SEC. 34. Bail. - For purposes of recommending the amount of bail, the privileged
mitigating circumstance of minority shall be considered.
4. REPUBLIC ACT No. 8049 (AN ACT REGULATING HAZING AND OTHER FORMS
OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND OTHER
ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR)
Section 4. If the person subjected to hazing or other forms of initiation rites suffers any
physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or
organization who actually participated in the infliction of physical harm shall be liable as
principals. The person or persons who participated in the hazing shall suffer:
Any person charged under this provision shall not be entitled to the mitigating circumstance that
there was no intention to commit so grave a wrong.
5. Republic Act No. 8294 (AN ACT AMENDING THE PROVISIONS OF
PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED "CODIFYING THE
LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN,
ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES
OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION
OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN
VIOLATIONS THEREOF, AND FOR RELEVANT PURPOSES.")
Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to
read as follows:
"If homicide or murder is committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance.
Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further amended to
read as follows:
"When a person commits any of the crimes defined in the Revised Penal Code or special laws
with the use of the aforementioned explosives, detonation agents or incendiary devices, which
results in the death of any person or persons, the use of such explosives, detonation agents or
incendiary devices shall be considered as an aggravating circumstance.
