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(1) Blindfolding;
(2) Threatening a person(s) or his/her relative(s) with bodily harm,
execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a “show trial,” public display or public
humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one
place to another, creating the belief that he/she will be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person’s family,
relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading
him/her in public places, shaving the victim’s head or putting marks
on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any
member of his/her family; and
(12) Other analogous acts of mental/psychological torture
R.A. 9745 prohibits and punishes the
establishment, operation and maintenance of
secret detention places, solitary confinement,
incommunicado or other similar forms of
detention, where torture may be carried out
with impunity.
The Philippine National Police (PNP), the Armed Forces of
the Philippines (AFP) and other law enforcement agencies, as
well as their regional offices, are required to submit to the
Commission on Human Rights (CHR) and make available to the
public at all times, a list of all detention centers and facilities
under their respective jurisdictions with the corresponding data on
the prisoners or detainees incarcerated or detained in such
facilities, such as the names, date of arrest and incarceration,
and the crime or offense committed. The list should be updated
within the first 5 days of every month at the minimum. Failure to
comply with this requirement is punishable under the law and the
penalty will be imposed on the responsible officers or personnel
of the AFP, the PNP and other law enforcement agencies.
Any confession, admission or statement
obtained as a result of torture is inadmissible in
evidence in any proceeding, except if the same is
used as evidence against a person or persons
accused of committing torture
A victim of torture has the right:
• The CHR and the PAO shall render legal assistance in the
investigation and monitoring and/or filing of the complaint for a
person who suffers torture and other cruel, inhuman and
degrading treatment or punishment, or for any interested party.
The victim or interested party may also seek legal assistance
from the Barangay Human Rights Action Center (BRRAC)
nearest him/her as well as from human rights non-government
organizations (NGOs).
The following are liable as principals for the crime of torture or other cruel or
inhuman and degrading treatment or punishment:
(a) Any person who actually participated or induced another in the commission of
torture or other cruel, inhuman and degrading treatment or punishment, or who
cooperated in the execution of the act of torture or other cruel, inhuman and
degrading treatment or punishment by previous or simultaneous acts;
(b) Any superior military, police or law enforcement officer or senior government
official who issued an order to any lower ranking personnel to commit torture for
whatever purpose; and
(c) The immediate commanding officer of the unit concerned of the AFP or the
immediate senior public official of the PNP and other law enforcement agencies, if:
– 1. By his act or omission, or negligence, he has led, assisted, abetted or allowed,
whether directly or indirectly, the commission of torture by his/her subordinates; or
– 2. He/she has knowledge of or, owing to the circumstances at the time, should have
known that acts of torture or other cruel, inhuman and degrading treatment or
punishment will be committed, is being committed, or has been committed by his/her
subordinates or by others within his/her area of responsibility and, despite such
knowledge, did not take preventive or corrective action either before, during or
immediately after its commission, when he/she has the authority to prevent or
investigate allegations of torture or other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations of such act, whether
deliberately or due to negligence.
• A state of war or a threat of war, internal political
instability, or any other public emergency, or a
document or any determination comprising an “order
of battle” can never be invoked as a justification for
torture and other cruel, inhuman and degrading
treatment or punishment.
•
• Torture as a crime will not absorb or will not be
absorbed by any other crime or felony committed as a
consequence, or as a means in the conduct or
commission, of torture. Torture will be treated as a
separate and independent criminal act, the penalties
for which will be imposed without prejudice to any
other criminal liability under domestic and international
laws.
• Persons who have committed any act of torture will not
benefit from any special amnesty law or similar
measures that will have the effect of exempting them
from any criminal proceedings and sanctions.
– the management
– the union, if any,
– the employees from the supervisory rank,
and
– from the rank and file employees.
In the case of the educational or training
institution, the committee shall be composed of at
least one (1) representative from:
the administration
the trainors
teachers
instructors
professors or coaches and
students or trainees, as the case may be.
• The employer or head of office,
educational or training institution shall be
solidarily liable for damages arising from
the acts of sexual harassment committed
in the employment, education or training
environment if the employer or head of
office, educational or training institution is
informed of such acts by the offended
party and no immediate action is taken
thereon.
• The head of office who fails to act
within fifteen (15) days from receipt of
any complaint for sexual harassment
properly filed against any employee in
that office shall be charged with
Neglect of Duty.
"Anti-Violence Against
Women and Their Children
Act of 2004"
Declaration of Policy
It is hereby declared that the State values the dignity
of women and children and guarantees full respect for
human rights. The State also recognizes the need to
protect the family and its members particularly women
and children, from violence and threats to their
personal safety and security.
(f) "SEXUAL RELATIONS" refers to a single sexual act which may or may not
result in the bearing of a common child.
Acts of Violence Against Women and Their
Children
The crime of violence against women and their
children is committed through any of the following
acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child
physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage
in conduct which the woman or her child has the right to desist from
conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her child's freedom of
movement or conduct by force or threat of force, physical or other harm
or threat of physical or other harm, or intimidation directed against the
woman or child. This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting the
woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her
child of custody to her/his family;
(2) Depriving or threatening to deprive the woman or her children
of financial support legally due her or her family, or deliberately providing
the woman's children insufficient financial support;
(3) Depriving or threatening to deprive the woman or her child of a
legal right;
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling the victim's own
mon4ey or properties, or solely controlling the conjugal or common
money, or properties;
(f) Inflicting or threatening to inflict physical harm on oneself
for the purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child
to engage in any sexual activity which does not constitute
rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or
her/his immediate family;
(i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access
to the woman's child/children.
(h) Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes
substantial emotional or psychological distress to the woman or
her child. This shall include, but not be limited to, the following
acts:
(1) Stalking or following the woman or her child in public or
private places;
(2) Peering in the window or lingering outside the residence of
the woman or her child;
(3) Entering or remaining in the dwelling or on the property of
the woman or her child against her/his will;
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her child;
and
(5) Engaging in any form of harassment or violence;
Penalties
• From prision mayor to reclusion perpetua
• In addition to imprisonment, the
perpetrator shall (a) pay a fine in the
amount of not less than One hundred
thousand pesos (P100,000.00) but not
more than three hundred thousand pesos
(300,000.00); (b) undergo mandatory
psychological counseling or psychiatric
treatment and shall report compliance to
the court.
Protection Orders
A protection order is an order issued under this act for
the purpose of preventing further acts of violence against
a woman or her child. The relief granted under a
protection order serve the purpose of safeguarding the
victim from further harm, minimizing any disruption in the
victim's daily life, and facilitating the opportunity and
ability of the victim to independently regain control over
her life.
The protection orders that may be issued under this Act
are:
• barangay protection order (BPO),
• temporary protection order (TPO) and
• permanent protection order (PPO).
The protection orders that may be issued under this Act
shall include any, some or all of the following reliefs:
(c) Removal and exclusion of the respondent from the residence of the petitioner,
regardless of ownership of the residence, either temporarily for the purpose of
protecting the petitioner, or permanently where no property rights are violated,
and if respondent must remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the respondent has gathered
his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and designated family or
household member at a distance specified by the court, and to stay away from
the residence, school, place of employment, or any specified place frequented by
the petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and
other essential personal effects, regardless of ownership, and directing the
appropriate law enforcement officer to accompany the petitioner to the
residence of the parties to ensure that the petitioner is safely restored to the
possession of the automobile and other essential personal effects, or to
supervise the petitioner's or respondent's removal of personal belongings;
(g) Directing the respondent to provide support to the woman and/or her child
if entitled to legal support. Notwithstanding other laws to the contrary, the
court shall order an appropriate percentage of the income or salary of the
respondent to be withheld regularly by the respondent's employer for the
same to be automatically remitted directly to the woman. Failure to remit
and/or withhold or any delay in the remittance of support to the woman and/or
her child without justifiable cause shall render the respondent or his employer
liable for indirect contempt of court;
(h) Prohibition of the respondent from any use or possession of any
firearm or deadly weapon and order him to surrender the same to the
court for appropriate disposition by the court, including revocation of
license and disqualification to apply for any license to use or possess
a firearm. If the offender is a law enforcement agent, the court shall
order the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and take
appropriate action on matter;
Office
Files Complaint
Of the with Prosecutor
Prosecutor
Office
Preliminary
Of the Investigation
Prosecutor
Is there Files
Dismisses Information
probable
Complaint YES with proper
NO cause? court
People vs. Marivic Genosa (G.R. No.
135981, September 29, 2000)
• Rape is classified in Book 2 Title • An Act expanding the definition of the crime
11 Crimes Against Chastity of rape and reclassifying it as a Crime
Chapter 2 Rape and Acts of Against Persons by amending the Revised
Lasciviousness Penal Code or “The Anti- Rape Law of 1997”
1) By a man who shall have carnal knowledge of a woman under any of the
circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise
unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age
or is demented, even though none of the circumstances mentioned above be
present.
2) By any person who, under any of the circumstances mentioned in par. 1
hereof, shall commit an act of sexual assault by inserting his penis into
another person's mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.
ELEMENTS UNDER PAR. 1 OF 266-A
(RAPE BY SEXUAL INTERCOURSE)
1. That the offender is a man;
2. That the offender had carnal knowledge of a woman; and
3. That such act is accomplished under any of the following
circumstances:
a. By using force, threat or intimidation; or
b. When the woman is deprived of reason
or otherwise unconscious; or
c. By means of fraudulent machination or grave abuse of
authority; or
d. When the offended party is under twelve (12) years
of age or is demented
ELEMENTS UNDER PAR. 2 OF 266-A
(RAPE BY SEXUAL ASSAULT)
Taking advantage of the fact that the woman was asleep, the accused
entered upon the commission of the act. When prosecuted for rape, the
accused stated that the victim consented because when she woke up
she made no resistance. SC held that the crime has already been
consummated and the offended party’s final consent, after she realized
the outrage perpetrated against her, is not of the character to exclude
the crime of rape.
STATUTORY RAPE: WHEN THE GIRL IS UNDER 12
YEARS OF AGE
The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person who shall deliver,
possess with intent to deliver, or manufacture with intent to deliver
equipment, instrument, apparatus and other paraphernalia for
dangerous drugs, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain or conceal
any dangerous drug and/or controlled precursor and essential chemical
in violation of this Act.
Sec. 11. Possession of Dangerous Drugs
The penalty of twelve (12) years and one (1) day to twenty (20)
years or 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, who, unless
authorized by law, shall possess any dangerous drug regardless of
the degree of purity thereof.
Section 11 – Possession of
Dangerous Drugs
(1) The apprehending team having initial custody and control of the
drugs shall, IMMEDIATELY AFTER SEIZURE AND
CONFISCATION,
physically INVENTORY and PHOTOGRAPH the same in the
presence of the
• accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel,
• a representative from the media and the
• Department of Justice (DOJ), and
• any elected public official
who shall be required to sign the copies of the inventory and be
given a copy thereof;
(2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs,
controlled precursors and essential
chemicals, as well as
instruments/paraphernalia and/or
laboratory equipment, the same shall be
submitted to the PDEA Forensic
Laboratory for a qualitative and
quantitative examination;
Sec. 24. Non-Applicability of the Probation
Law for Drug Traffickers and Pushers
What is Graft?
What is Corruption?
Article XI.
Section 1. Public office is a public trust.
Public officers and employees must at all
times be accountable to the people, serve
them with utmost responsibility, integrity,
loyalty, and efficiency, act with patriotism
and justice, and lead modest lives.
RA 3019
Private Persons
Conspiracy
“the act of one is the act of all”
Unity of purpose & unity in the execution
Requisites:
1. Two or more persons came to an agreement.
2. The agreement is to commission of felony.
3. The commission of the felony is decided upon.
Influence Peddling & Family Ties
Section 4, RA 3019 – Prohibition on Private
Individuals
Act or acts of using one’s influence in government or
connections with persons in authority in order to obtain a
favor or preferential treatment for another person in return
for material remuneration.
WHERE - file with the office of the corresponding Department Head, or in the
case of a Head of Department or chief of an independent office, with the
Office of the President, or in the case of members of the Congress and the
officials and employees thereof, with the Office of the Secretary of the
corresponding House,
WHAT- true detailed and sworn statement of assets and liabilities, including
a statement of the amounts and sources of his income, the amounts of his
personal and family expenses and the amount of income taxes paid for the
next preceding calendar year: Provided, That public officers assuming office
less than two months before the end of the calendar year, may file their first
statements in the following months of January.
Prohibited Acts
Gross Negligence
Imprisonment for not less than one year nor more than ten years,
perpetual disqualification from public office, and confiscation or
forfeiture in favor of the Government of any prohibited interest and
unexplained wealth manifestly out of proportion to his salary and
other lawful income.
Violations of Section 7
fine of not less than one hundred pesos nor more than one thousand
pesos, or by imprisonment not exceeding one year, or by both such
fine and imprisonment, at the discretion of the Court.
Penalties
Administrative Penalties
Prescription of offense
Section 14
All offenses punishable under this Act shall
prescribe in ten years.
Thank you!