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SPECIAL LAWS

1. Q: Elements of Carnapping?
A: 1. actual taking of the vehicle;
2. vehicle belongs to a person other than the offender himself;
3. taking is w/out consent of the owner; taking was committed by means of violence
against or intimidation of persons, or by using force upon things; and
4. offender intends to gain from the taking of the vehicle.

2. Q: When is Indeterminate Sentence Law (ISL) applicable?


A: ISL is mandatory where imprisonment exceeds one (1) year, except only in the
following cases:
a. death or life imprisonment.
b. treason, conspiracy or proposal to commit treason.
c. misprision of treason, rebellion, sedition or espionage.
d. piracy.
e. Habitual delinquents.
f. Recidivists on parole.
g. Escaped confinement or evaded sentence.
h. conditional pardon.
i. imprisonment does not exceed one (1) year.
j. serving final judgment.
Minimum and Maximum Sentence

Minimum

Maximum

Revise

within the range of

that which, in view

the

next

of the attending

Penal

lower

that

circumstances,

Code

prescribed

RPC

could be properly

penalty
to
by

for the offense

imposed under the

rules of RPC
Specia

shall not be less than

shall not exceed

l Penal

the minimum term

the maximum

Law

prescribed by SPL

fixed by SPL

3. Q: When will kidnapping with rape/ homicide/ physical injuries result to a special complex
crime?
A: If the rape/ homicide/ physical injuries was committed against the kidnapped
victim, otherwise it will result to separate offenses.
4. Q: When will robbery with rape/ homicide/ physical injuries result to a special complex
crime?
A: When robbery is committed with rape/ homicide/ physical injuries, the special
complex crime of robbery with rape/ homicide/ physical injuries is committed for as
long as homicide occurred by reason of or on the occasion of robbery.
5. Q: Is there a crime of Robbery w/ Rape?
A: None. When rape was the principal crime, with robbery being a mere after thought,
the crimes committed are two separate and distinct crimes; namely Rape and Theft.
6. Q: Is there a crime of Robbery w/ Attempted Rape?
A: None. Rape must be consummated. Otherwise, they are separate offences. When the
taking of personal property of a woman is an independent act following defendants
failure to consummate the rape, there are two distinct crimes committed: attempted
Rape and Theft.
8. Q: When will a person who is apprehended or arrested, found to be positive for use of any
dangerous drug, be imposed a penalty higher than rehabilitation for his first offense or
imprisonment from 6 years to 12 years for his second offense?
A: Where the person is also found to have in his possession dangerous drugs.
9. Q: What does undue injury mean in Section 3(e) of the Anti-Graft and Corrupt Practices
Act (R.A. 3019)?
A: This could only mean actual injury or damage which must be established by evidence. In
jurisprudence, Undue injury is interpreted as actual. Undue is defined as more
than necessary, not proper, or illegal; and injury as any wrong or damage done to

another, either in his person, rights, reputation or property that is, the invasion of any
legally protected interest of another.
10. Q: When can the accused be convicted of simple illegal possession of firearms?
A: The accused can be convicted of simple illegal possession of firearms, provided no
other crime was committed by the person arrested.
11. Q: When is the use of an unlicensed firearm considered a SPECIAL AGGRAVATING
CIRCUMSTANCE?
A: Such use of unlicensed firearm in MURDER or HOMICIDE.
12. Q: What are the two (2) distinct and separate offenses punished under Section 68 of the
Forestry Code?
A: 1. Cutting, gathering, collecting and removing timber or other forest products
from any forest land, or timber from alienable or disposable public land, or from private
land without any authority; and
2. Possession of timber or other forest products without the legal documents
required under existing forest laws and regulations.
13. Q: In special complex crimes of robbery with homicide or robbery with rape, is there a law
providing that additional rapes or homicides committed on the same occasion be
considered generic aggravating circumstances?
A: There is none.
14. Q: When is there Syndicated Estafa amounting to Economic Sabotage?
A: Soliciting funds from and eventually defrauding the general public constitutes
Syndicated Estafa amounting to Economic Sabotage.

15. Q: What are the elements of BP22?


A: 1. making, drawing and issuance of any check
2. the knowledge of the maker, drawer or issuer
3. dishonor of the check by drawee bank with no valid cause

Distinctions between Estafa and BP 22


Estafa

BP 22

Check
must
be
issued concurrently
and reciprocally in
payment
of
the
exchange
consideration

Check should be
issued in payment
of
pre-existing
obligation

Damage and deceit


are elements

Damage and deceit


are immaterial

Crime
property

against

Crime against public


interest

Both drawer and


indorsee can incur
liability

Only
drawer
is
liable, and if juridical
entity: officer who
signed the check

3 days

5 banking days

Malum in se

Malum prohibitum

Circumstances that will Negate Conviction for BP 22


1.
2.
3.
4.

check was not issued to apply to an account or for value but as a guarantee deposit
required notice of dishonor was not given
drawer made credit arrangements but bank overlooked arrangement and dishonored check
presented for payment beyond 90 days from maturity

16. Q: May conspiracy be applied to R.A. 9262(VAWC)?


A: Yes.
-

Act of one is act of all the conspirators,


participation is secondary
all conspirators are principals

17. Q: What is the legal basis for the suppletory application of RPC to VAWC?
A: SEC. 47. Suppletory Application. - For purposes of this Act, the Revised Penal Code and other applicable laws,
shall have suppletory application.
18. Q: May acts of violence be committed by an offender through another?
A: Yes. Sec. 5 R.A. 9262(VAWC) states that engaging in purposeful, knowing, or reckless conduct, personally or
through another , that alarms or causes substantial emotional or psychological distress to the woman or her
child.

19. Anti-Money Laundering Act of 2001


Offense

Penalty

Transacting or

7-14 years, and fine not

attempting to transact,

less than P3M but not

knowing it involves

more than 2s value of

proceeds of any unlawful

monetary instrument or

activity

property involved

Facilitating money

4-7 years, and fine not

laundering by knowingly

less than P1.5M but not

performing or failing to

more than P3M

perform an act
Failing to disclose and

6mos.-7 years and fine

file report as required by

not less than P100K but

law

not more than P500K

Failure to Keep Records

6mos.-1 year and fine


not less than P100K but
not more than P500K

Malicious Reporting

6 mos.-4years and fine


not less than P100K but
not more than P500K
offender is not entitled to
avail the benefits of the
Probation Law

Breach of Confidentiality

3-8 years, and fine not


less than P500K but not
more than P1M

If Offender is Juridical Person

Penalty imposed upon the responsible officers who participated in the commission of the crime or who shall have
knowingly permitted or failed to prevent its commission.

court may suspend or revoke license.

If Offender is Alien

in addition to the penalties herein prescribed, be deported without further proceedings after serving the penalties
herein prescribed.

If Offender is Public Official or Employee

in addition to the penalties prescribed herein: PAD or TAD from office, as the case may be any public official or
employee who is called upon to testify and refuses to do the same or purposely fails to testify shall suffer the same
penalties prescribed herein.

20. Anti-Graft and Corrupt Practices Act


Corrupt Practices of Public Officials:
Unjustified Neglect or Refusal to Act
a.

Offender is a public officer

b.

Neglected or refused to act without sufficient justification after due demand or request

c.

Reasonable time elapsed from demand or request without public officer having acted on matter

d.

Such failure is for the purpose of obtaining directly or indirectly, some pecuniary benefit or advantage, or
discriminating against another

Injury Thru Manifest Partiality, Evident Bad Faith or Gross Inexcusable Negligence
e.

Accused are public officers or private persons charged in conspiracy with them

f.

Public officers commit prohibited acts during performance of official duties or in relation to their public
positions

g.

They cause undue injury to any party

h.

Injury is caused by giving unwarranted benefits, etc.

i.

Acted with manifest partiality, evident bad faith or gross inexcusable negligence
* Applies to officers, employees of offices or govt corporations charged with grant of licenses or permits or
other concessions.

Govt Contract or Transaction where Public Officer Must Intervene


a.

Offense was committed by a public officer

b.

Such public officer requested and/or received, gift, present etc.

c.

Such was for the benefit of said public officer

d.

In connection with a contract/transaction with govt Officer had a right to intervene

21. Obstruction of Justice


Important Rule

If any of the acts mentioned is penalized by any other law with a higher penalty, the higher penalty shall be
imposed

Possible Overlap with RPC


Preventing
witness from
testifying or
reporting
commission of

Bribery

offense or
identity thru
bribery,
misrepresentati
on, deceit
Destroying

Infidelity of Public Documents

documents

and
Seizure of Correspondence.

Harboring,
concealing,
facilitating
escape
Use of Fictitious

Using

Name, Evading

Concealing Identity or

Prosecution or

Fictitious

Name

and

Evasion of Sentence

Execution of
Judgment,
Concealing
Name
Delaying

Malicious

Prosecution

Administration of Justice

Use

of

documents

Delay

Falsification or
Use of Falsified Documents in
Judicial Proceeding

Soliciting,

Direct Bribery

accepting any
benefit
Threatening to
prevent
investigation

fabricated
information

Grave Coercion
Grave Threat

appearance at

False

in

Light Threats
or

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