SPECIAL LAWS

Republic Act No. 3019

Anti-Graft and Corrupt Practices Act

What are the CORRUPT PRACTICES of a

PUBLIC OFFICER?

A. (1) Persuading, inducing or influencing another

public officer to violate the rules and/or to
commit an offense in connection with the
official duties of the latter, or
(2) allowing himself to be persuaded, induced,
or influenced to commit such violation or
offense.
B. Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit for himself or for
any other person, in connection with any contract or
transaction between the Government and another party,
wherein the public officer in his official capacity has to
intervene under the law.
Penalizes 3 Distinct Acts:
- any gift, present, share,
1) demanding or requesting percentage, or benefit for oneself
2) receiving of for any other person, in
3) demanding, requesting, connection with any contract or
transaction between the
and receiving
government and any other party,
wherein a public officer in an
official capacity has to intervene
Elements:
a) The offender is a public officer;
b) who requested or received a gift, a present, a
share, a percentage, or benefit;
c) on behalf of the offender or any other person;
d) in connection with a contract or transaction
with the government; and
e) in which the public officer, in an official
capacity under the law, has the right to
intervene .
C. Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for himself
or for another, from any person for whom the public
officer, in any manner or capacity, in consideration for the
help given or to be given (Bribery).
QUESTION:
Is the receiving of a CHRISTMAS or BIRTHDAY GIFT by a
public officer considered a corrupt practice?
ANSWER:
NO if the gift was –
a) unsolicited (given by the giver voluntarily and not
demanded by the public officer), and
b) of small or insignificant value, and
c) was given as a mere token of gratitude or friendship
according to local customs or usage.
D. Accepting or having any member of his family
accept employment in a private enterprise
which has pending official business with him,
during the pendency thereof or within one year
after its termination.

Prohibits the acceptance by a public officer or

any member of his/her family of any
EMPLOYMENT in a company/institution that
has a business transaction pending before the
office of that public officer.
E. Causing any undue injury to any party, including the Government, or
giving any private party any unwarranted benefits, advantage or
preference in the discharge of his official, functions through manifest
partiality, evident bad faith or gross inexcusable negligence.
Elements:
1) The accused are public officers or private persons
charged in conspiracy with the former;
2) said public officers commit the prohibited acts during the
performance of their official duties or in relation to their
public position;
3) they caused undue injury to any party, whether the
government or a private party;
4) such injury is caused by giving unwarranted benefits,
advantage or preference to such parties; and
5) the public officers have acted with manifest partiality,
evident bad faith or gross inexcusable negligence.
F. Neglecting or refusing without justification to act within a
reasonable period of time on any matter pending before him/her.
Period of Time to Act:
Fifteen (15) days from time of receipt of request/application/
communication.

G. Entering into contracts grossly disadvantageous to the

Government.
Elements:
1) The accused is a public officer;
2) he entered into a contract or transaction on behalf of the
government; and
3) such contract or transaction is grossly and manifestly
disadvantageous to the government.
 Prohibited Personal Business Interest/
Involvement

H. Directly or indirectly having financial or pecuniary

interest in any business, contract or transaction in
connection with his official capacity, or in which
he is prohibited by the Constitution or by any law
from having any interest (Conflict of Interest).

I. Having a material interest in any transaction or act

requiring the approval of a board, panel or group
of which he is a member.
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.

K. Divulging valuable information of a confidential

character, acquired by his office or by him on
account of his official position to unauthorized
persons, or releasing such information in
advance of its authorized release date.
 OTHER ACTS PROHIBITED BY RA 3019
1) Using or taking advantage of family or close personal relation
with a public official to capitalize or exploit, request or receive any
present, gift or material or pecuniary advantage from another
person having some business, transaction, application, request or
contract with the Government, in which such public official has to
intervene or in charged.

FAMILY RELATION includes the SPOUSE or RELATIVES by

consanguinity or affinity in the 3rd CIVIL DEGREE.

CLOSE PERSONAL RELATION includes close personal relationship,

social and fraternal connections, and professional employment all
giving rise to intimacy which assures free access to such public
officer.

2) Inducing or causing any public official to commit any of the

CORRUPT PRACTICES.
3) It is unlawful for the SPOUSE or for ANY
RELATIVE, by consanguinity or affinity, within
the 3RD CIVIL DEGREE, of the
1) President of the Philippines,
2) Vice President of the Philippines,
3) Senate President, and
4) House Speaker

to INTERVENE directly or indirectly, in any

business, transaction, contract or application
with the Government .
 Statement of Assets and Liabilities
Every public officer MUST file-

WHAT?
A detailed and sworn statement of assets and liabilities,
amounts and sources of his/her income, amounts of his/her
personal and family expenses, and the amount of income taxes
paid.

WHEN?
1) within 30 days after assuming office,
2) on or before April 15 of every year,
3) upon the expiration of his/her term of
office, or
4) upon his/her resignation or separation from
office.
Q: What COURT has the
JURISDICTION to try complaints for
violations of RA 3019?

A: SANDIGANBAYAN has the original

jurisdiction to hear and decide complaints for
Graft and Corruption.
Q: Is a public officer who is being investigated
or is facing charges of graft and corruption
allowed to resign or retire during the
pendency of the investigation or the case
against him?

A: No public officer is allowed to resign or retire

pending an investigation, criminal or
administrative or pending a prosecution
against him, for any offense under RA 3019 or
under the provisions of the RPC on bribery.
Q:What should be done to the public officer
accused of violation of R.A. No. 3019 during
the pendency of the investigation or during
the trial of his case?

A: The public officer who is under investigation

or is being tried for graft and corruption
should be SUSPENDED FROM OFFICE pending
the investigation or trial of his case.
Q: Is a public officer who was found guilty of
the charges entitled to his retirement or
gratuity benefits?

A: No. Should the public officer be convicted by

final judgment, he loses all retirement or
gratuity benefits under the law.
Q: What about if the public officer has already
received his retirement or gratuity benefits
and he was CONVICTED of the charges?

A: The convicted (found guilty of the charges)

public officer must return or restitute the
amount received as retirement or gratuity
benefit to the Government.
Q: What about if the public officer was found
INNOCENT of the charges against him?

A: If the public officer is acquitted, he is entitled

to-
1) REINSTATEMENT to his position, and
2) Payment of BACKWAGES and
BENEFITS which he failed to receive
during his suspension.
Q: What is the prescriptive period of offenses
punished under RA No. 3019?

A: Fifteen (15) years from the DAY OF

COMMISSION of the offense/violation, IF
KNOWN, or if the same be NOT KNOWN , from
the discovery thereof.
 Republic Act No. 7080
Anti-Plunder Law
What is PLUNDER?

PLUNDER is the crime committed by any PUBLIC

OFFICER who by himself or in connivance with
members of his family, relative by consanguinity,
business associates, subordinate or other persons
amasses, accumulates or acquires ILL-GOTTEN
WEALTH through a COMBINATION or SERIES of overt
or criminal acts in the TOTAL AMOUNT or VALUE of
AT LEAST 50 MILLION PESOS (PHP50, 000,000.00).
 Who is a PUBLIC OFFICER
under RA 7080?

Any person holding any PUBLIC OFFICE

in the Government of the Republic of the
Philippines by virtue of:

(a) an appointment,
(b) election, or
(c) contract.
 What comprises the Government of the
Republic of the Philippines?
1) The National Government (Executive, Legislative and
Judicial Department ), and

2) Any of its-
(a) subdivisions (Local Government Units i.e.
Province, Cities, Municipalities),
(b) agencies or instrumentalities (CHED, DPWH, DOH,
NSO, PNP, etc., including
(c) Government-Owned and Controlled Corporations (GOCC)
i.e. NPC, CDC, and their subsidiaries.
Who is a PERSON as defined under R.A. No. 7080?

PERSON includes any NATURAL or JURIDICAL

person.

NATURAL PERSON – a human being

JURIDICAL PERSON – organizations, or entities

recognized by law as a person such as LGUs,
Registered Corporations and Partnerships.
 What is an ILL-GOTTEN WEALTH?

ILL-GOTTEN WEALTH means 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.
 OVERT or CRIMINAL ACTS as means of acquiring
ILL-GOTTEN WEALTH:
ILL-GOTTEN WEALTH can be acquired through the following
OVERT or CRIMINAL ACTS:

a) Misappropriation, conversion, misuse or malversation of

public funds or raids on the public treasury;

b) 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;

c) Illegal or fraudulent conveyance or disposition of assets

belonging to the Government;
d) Obtaining, receiving or accepting directly or indirectly
any share of stock, equity or any other form of interest or
participation including the promise of future employment
in any business enterprise or undertaking;

e) 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

f) By taking undue advantage of official position,

authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense and to the
damage and prejudice of the Filipino people and the R.P.
 What is the AMOUNT of the
ILL-GOTTEN WEALTH to be liable under RA
7080?

AMOUNT must be
AT LEAST 50 MILLION PESOS
(Php 50,000,000.00).
What COURT has the JURISDICTION to
hear and try
PLUNDER CASES?

All PLUNDER CASES are within the

original jurisdiction of the
SANDIGANBAYAN.
What is the PRESCRIPTIVE PERIOD of the crime
of PLUNDER?

A plunder case prescribes in 20 years.

However, the right of the State to recover
properties unlawfully acquired by public
officers from them or from their nominees or
transferees is not barred by prescription,
laches, or estoppel (does not prescribe).
QUESTION: Will the acquisition or accumulation of ill-
gotten wealth by a public official totaling to at least 50
million pesos made through a single act constitute
plunder?

ANSWER: A single act does not constitute plunder

because the Anti-Plunder Law provides that the
acquisition of ill-gotten wealth by a public official
must be made through a COMBINATION or SERIES OF
ACTS.
 Republic Act No. 9485
Anti-Red Tape Act
Coverage:
All government offices and agencies including local
government units and government-owned or controlled
corporations that provide frontline services.
Definition of Terms:
1) Simple Transactions – requests or applications submitted
by clients which only require ministerial actions or that
which present only inconsequential issues for resolution by
an officer or employee.
2) Complex Transactions – requests or applications submitted
by clients which necessitate the use of discretion in the
resolution of complicated issues by an officer or employee.
3) Frontline Service – process or transaction between clients
and government offices or agencies involving applications
for any privilege, right, permit, reward, license, concession,
or for any modification, renewal or extension of applications
and/or requests which are acted upon in the ordinary course
of business of the agency or office.
4) Action – written approval or disapproval made by a
government office or agency on the application or request
submitted by a client for processing.
5) Fixer – any individual whether or not officially involved in
the operation of a government office or agency who has
access to people working therein, and whether or not in
collusion with them, facilitates speedy completion of
transactions for pecuniary gain or any other advantage or
consideration.
 CITIZEN’S CHARTER
• Service Standards required to be set up by all government agencies
containing the following details/information:
a) The procedure to obtain a particular service;
b) The person/s responsible for each step;
c) The maximum time to conclude the process;
d) The document/s to be presented by the customer, if necessary;
e) The amount of fees, if necessary; and
f) The procedure for filing complaints.

• Form:
1) Information billboards posted at the main entrance of offices or at
the most conspicuous place, and
2) Published materials written either in English, Filipino or in the local
dialect.
• Required Action:
1) Simple Transactions – not longer than five
(5) working days (maximum).
2) Complex Transactions – not longer than ten
(10) working days (maximum).

Depending on the nature of the frontline

services requested or the mandate of the
office or agency under unusual circumstances,
the maximum time to act may be extended.
• Effect of failure to act an application and/or request for
renewal of license, permit or authority within the
prescribed Period:

The license, permit, or authority is deemed

automatically extended until a decision or resolution is
rendered on the application for renewal.

Note: This rule does not apply when license, permit or

authority covers activities which pose danger to public
health, public safety, public morals or to public policy
including, but not limited to, natural resource extraction
activities.
• Violations and their corresponding penalties:

LIGHT OFFENSES:
1) Refusal to accept application and/or request within the
prescribed period or any document being submitted by a
client;
2) Failure to act on an application and/or request or
failure to refer back to the client a request which cannot
be acted upon due to lack of requirement/s within the
prescribed period;
3) Failure to attend to clients who are within the premises
of the office or agency concerned prior to the end of
official working hours and during lunch break;
4) Failure to render frontline services within the prescribed period on any
application and/or request without due cause;
5) Failure to give the client a written notice on the disapproval of an
application or request; and
6) Imposition of additional irrelevant requirements other than those
listed in the notice.

PENALTY:
1st Offense – 30 days suspension without pay and mandatory attendance
in Values Orientation Program;

2nd Offense – 3 months suspension without pay; and

3rd Offense – Dismissal and perpetual disqualification from public service.

GRAVE OFFENSE:
Fixing and/or collusion with fixers in consideration of
economic and/or other gain or advantage.

PENALTY:
Dismissal and perpetual disqualification from public
service.

CRIMINAL LIABILITY OF FIXERS:

1) If fixer is a public officer, Dismissal and perpetual
disqualification from public service;
2) Imprisonment not exceeding 6 years or a fine of not less
than P20,000.00 but not more than P200,000.00 or both
fine and imprisonment at the discretion of the court.
 REPUBLIC ACT NO. 9160
(Anti-Money Laundering Act of 2001)
As Amended by Republic Act No. 9194

What is MONEY LAUNDERING?

MONEY LAUNDERING is a crime whereby the

proceeds of an UNLAWFUL ACTIVITY are
transacted, thereby making them appear to have
originated from legitimate sources.
What is the AMOUNT involved in
MONEY LAUNDERING?

Amount involved or transacted is

MORE THAN
FIVE HUNDRED THOUSAND PESOS
(Php500,000.00)
within
ONE (1) BANKING DAY.
 What constitutes an UNLAWFUL ACTIVITY?
UNLAWFUL ACTIVITY refers to any act or omission or series
or combination of acts involving or having direct relation to
the following:
1) Kidnapping for ransom;
2) Plunder;
3) Robbery and Extortion;
4) Jueteng and Masiao;
5) Piracy;
6) Qualified Theft;
7) Swindling or Estafa;
8) Smuggling;
9) Hijacking; and
10) many others.
 What are the acts punishable as MONEY
LAUNDERING?

1) Transacting or attempting to transact a monetary

instrument or property knowing that it represents, involves,
or relates to the proceeds of any unlawful activity;

2) Performing or failing to perform an act as a result of

which he facilitates the offense of money laundering despite
knowledge that the monetary instrument or property
represents or involves the proceeds of an unlawful activity;

3) Failure to disclose or file a monetary instrument or

property with the Anti-Money Laundering Council (AMLC)
as required under the Act despite knowledge of such
requirement.
What COURT has the JURISDICTION over
MONEY LAUNDERING cases?

REGIONAL TRIAL COURT (RTC):

Accused is a PRIVATE PERSON.

SANDIGANBAYAN:
Accused is:
1) a PUBLIC OFFICER , and
2) a PRIVATE PERSON in conspiracy with a
PUBLIC OFFICER.
 Presidential Decree No. 1866
as amended by Republic Act No. 8294
Illegal/Unlawful Possession of Firearm
• PUNISHABLE ACT:
Unlawful manufacture, dealing in, acquisition, disposition, or possession of any
low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of
similar firepower, part of firearm, ammunition, or machinery, tool or instrument
used or intended to be used in the manufacture of any firearm or ammunition:

NOTE: This crime is committed if no other crime was committed by the

perpetrator.

• PENALTY:
Prision Correccional in its maximum period and a fine of not less than P15,000.00.
• PUNISHABLE ACT
Unlawful manufacture, dealing in, acquisition, disposition, or
possession of any high powered firearm which includes those
with bores bigger in diameter than .38 caliber and 9 millimeter
such as caliber .40, .41, .44, .45 and also lesser calibered
firearms but considered powerful such as caliber .357 and
caliber .22 center-fire magnum and other firearms with firing
capability of full automatic and by burst of two or three.

NOTE: This crime is committed if no other crime was

committed by the perpetrator.

PENALTY:
Prision Mayor in its minimum period and a fine of P30,000.00.
• USE OF UNLICENSED FIREARM AS AN
AGGRAVATING CIRCUMSTANCE

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.
• CRIME COMMITTED IN FURTHERANCE OF OR IN
CONNECTION WITH REBELLION, INSURRECTION OR
SEDITION, ATTEMPTED COUP D’ETAT

If the “unlawful manufacture, dealing in, acquisition,

disposition, or possession of unlicensed firearm” is
committed in furtherance of or incident to, or in
connection with the crime of rebellion or insurrection,
sedition, or attempted coup d'etat, it shall be
absorbed as an ELEMENT of the crime of rebellion, or
insurrection, sedition, or attempted coup d'etat.
• PUNISHABLE ACT:

Carrying of any licensed firearm outside his

residence without legal authority therefor.

PENALTY:
Arresto Mayor
• PUNISHABLE ACT:

Unlawful manufacture, assembly dealing in, acquisition,

disposition or possession of hand grenade(s), rifle
grenade(s), and other explosives, including but not limited
to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other
incendiary devices capable of producing destructive effect
on contiguous objects or causing injury or death to any
person.

PENALTY:
Prision Mayor in its maximum period to reclusion
temporal and a fine of not less than P50,000.00.
• USE OF EXPLOSIVES, DETONATION AGENTS OR
INCENDIARY DEVICES AS AGGRAVATING
CIRCUMSTANCE

When a person commits any of the crimes defined

in the Revised Penal Code or special laws with the
use of unlawful 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.
• CRIME COMMITTED IN FURTHERANCE OF REBELLION,
INSURRECTION, SEDITION OR ATTEMPTED COUP D’ETAT

If the crime of “unlawful manufacture, assembly

dealing in, acquisition, disposition or possession of
explosives, hand grenades, etc.” is committed in
furtherance of, or incident to, or in connection with the
crime of rebellion, insurrection, sedition or attempted
coup d'etat, it shall be absorbed as an element of the
crimes of rebellion, insurrection, sedition or attempted
coup d'etat.
 
• ALSO PUNISHES:
A. The owner, president, manager, director or other responsible
officer of any public or private firm, company, corporation or
entity, who-

1)willfully or knowingly allow any of the firearms owned by such

firm, company, corporation or entity to be used by any person
or persons found guilty of “unlawful manufacture, dealing in,
acquisition, disposition, or possession of unlicensed firearm”
or

2) willfully or knowingly allow any of them to use unlicensed

firearms or firearms without any legal authority to be carried
outside of their residence in the course of their employment.
B. The owner, president, manager, director or
other responsible officer of any public or
private firm, company, corporation or entity,
who willfully or knowingly allow any of the
explosives owned by such firm, company,
corporation or entity, to be used by any
person or persons found guilty of the crime
of “unlawful manufacture, assembly dealing
in, acquisition, disposition or possession of
explosives, hand grenades, etc.”
• PUNISHABLE ACT:

Unlawful tampering, changing, defacing or

erasing the serial number of any firearm.

• PENALTY:

Prision Correccional shall be imposed upon any

person who shall unlawfully tamper, change,
deface or erase the serial number of any
firearm."
• PUNISHABLE ACT:

Unlawful repacking, altering or modifying the

composition of any lawfully manufactured
explosives.

• PENALTY:

Prision Correccional .
• COVERAGE OF THE TERM UNLICENSED
FIREARM

The term “unlicensed firearm” shall include:

1) firearms with expired license; or

 
2) unauthorized use of licensed firearm in the
commission of a crime.
 Republic Act No. 3553
An Act to Prohibit the Possession of Deadly Arrow
• PUNISHABLE ACT:
Possession of a deadly arrow or “pana”
without permit from a city or municipal
mayor.

• PENALTY:
Imprisonment for a period of not less than 30
days nor more than 6 months.
• DEADLY ARROW OR “PANA”:

Any arrow or dart that when shot from a bow

or slingshot can cause injury or death of a
person.

• PERMIT:
A permit may be issued to any individual to
possess a deadly arrow or “pana” for
livelihood purposes.
 Presidential Decree No. 330
Penalizing Timber Smuggling or Illegal Cutting of Logs from
Public Forests and Forest Reserves as Qualified Theft

• PUNISHABLE ACT:
Cutting, gathering, removing, or smuggling timber,
or other forest products, from a public forest, forest
reserve and other kinds of public forests (whether
under license or lease), or from any privately owned
forest lands without the required permit, license,
clearance, or authority from the concerned
government agencies. The perpetrator shall be
guilty of the crime of QUALIFIED THEFT defined and
penalized under the Revised Penal Code.
• POSSIBLE OFFENDERS:

1) Natural Person
2) Juridical Person, i.e. corporation, firm,
partnership or association)
- the penalty shall be imposed upon the guilty
officer or officers.
- if the guilty officer or officers are aliens, in
addition to the imposable penalty, shall also be
deported without further proceedings.
 Republic Act No. 9287
An Act Increasing the Penalties for Illegal Numbers Games
• ILLEGAL NUMBERS GAME:
Any form of illegal gambling activity which uses
numbers or combinations thereof as factors in
giving out jackpots.
• JUETENG:
An illegal numbers game that involves the
combination of 37 numbers against 37 numbers
from numbers 1-37 or the combination of 38
numbers in some areas, serving as a form of local
lottery where bets are placed and accepted per
combination, and its variants.
• MASIAO:
An illegal numbers game where the winning
combination is derived from the results of the last
game of Jai Alai consisting of 10 players pitted
against one another, and its variants.
• LAST TWO:
An illegal numbers game where the winning
combination is derived from the last 2 numbers of
the first prize of the winning sweepstakes ticket
which comes out during the weekly draw of the
Philippine Charity Sweepstakes Office (PCSO), and
its variants.
• PUNISHABLE ACTS:
1)Betting
Penalty: 30-90 days imprisonment
2) Acting as a personnel or staff of an illegal numbers
game operation
3) Allowing one’s vehicle, house, building or land to
be used in the operation of an illegal numbers game
Penalty: Imprisonment from 6 years and 1 day to 8
years.
4) Acting as collector or agent (Cabo, Cobrador, etc)
Penalty: Imprisonment from 8 years and 1 day to 10
years.
5) Acting as coordinator, controller or supervisor
Penalty: Imprisonment from 10 years and 1 day to
12 years
6) Acting as a maintainer, manager or operator
Penalty: Imprisonment from 12 years and 1 day
to 14 years
7) Acting as a financier or capitalist
Penalty: Imprisonment from 14 years and 1 day to
16 years
8) Acting as a protector or coddler
Penalty: Imprisonment from 16 years and 1 day to
20 years
• LIABILITY OF GOVERNMENT EMPLOYEES AND/OR
PUBLIC OFFICIALS:
If the collector, agent, coordinator, controller,
supervisor, maintainer, manager, operator,
financier or capitalist of any illegal numbers game
is a government employee and/or public official,
whether elected or appointed, the PENALTY
IMPOSABLE are:
1) 12 years and 1 day to 20 years imprisonment;
2) Fine ranging from 3 million to 5 million; and
3) Perpetual Absolute Disqualification from Public
Office.
• A government employee and/or public official
who having knowledge of the existence of the
operation of any illegal numbers game in
his/her jurisdiction, fails to abate or to take
action, or tolerates the same.
Penalty:
1) 12 years and 1 day to 20 years imprisonment;
2) Fine ranging from 3 million to 5 million; and
3) Perpetual Absolute Disqualification from
Public Office.
• A LAW ENFORCER who fails to apprehend
perpetrators of any illegal numbers game.

Penalty:

Administrative Penalty of SUSPENSION or

DISMISSAL from service.
• LIABILITY OF PARENTS/GUARDIAN
Any parent, guardian or person exercising moral
authority or ascendancy over a minor, ward or
incapacitated person who induces or causes such minor,
ward or incapacitated person to commit any of the
offenses punishable under RA 9287 shall be punished
with-
1) imprisonment from 6 months and 1 day to 1 year, or
2) a fine ranging from P100,000.00 to P400,000.00.

• UPON CONVICTION:
Such parent/guardian shall be deprived of his/her
authority over the minor child, ward, or incapacitated
person.
• PRIMA FACIE EVIDENCE OF ILLEGAL NUMBERS
GAME:
Possession of any gambling paraphernalia and
other materials used in the illegal numbers game.
• PRIMA FACIE PRESUMPTION:
All assets and properties of an accused of Illegal
Numbers Game either owned or held by him/her
in his/her name or in the name of another person
found to be manifestly out of proportion to
his/her lawful income shall be prima facie
presumed to be PROCEEDS of the offense.
• Witness Protection – provided to any person who
provides material information, whether testimonial
or documentary, necessary for the investigation or
prosecution of individuals committing illegal
numbers game.
• Informer’s Reward – provided to any person who
discloses any information of any offense
punishable under RA 9287 which may lead to the
arrest and final conviction of the offender, may be
rewarded a certain percentage of the cash money
or article of value confiscated or forfeited in favor
of the government.
 Republic Act No. 9482
Anti-Rabies Act of 2007
• Mandated the implementation of a NATIONAL
RABIES PREVENTION AND CONTROL
PROGRAM to be implemented by a multi-
agency committee chaired by the Bureau of
Animal Industry of the Department of
Agriculture, the DOH, DILG, DepEd, LGUs, and
with the assistance of the DENR, NGOs, and
POs.
• POLICY: To eradicate Rabies.
 ACT
Failure/refusal to register a dog/ immunized
against rabies
Refusal to have their dog vaccinated against
rabies
Refusal to have their dog put under observation
after said dog has bitten an individual
Refusal to have their dog under observation and
do not shoulder medical expenses of the person
bitten
Refusal to put leash on their dogs when brought
outside their house
Impounded dog
Trading of dog for meat
Using electrocution as a method of euthanasia
Violator is an alien
PENALTY
P2,000.00 fine
Pay for the vaccination of both the dog
and the individuals bitten by the dog.
P10,000.00 fine
P25,000.00 fine
P500.00 fine for each incident
Owner shall pay a fine of not less than
P500.00 but not more than P1,000.00
Not less than P5,000.00 per dog
Not less than P5,000.00 per act.
Imprisonment of 1-4 years
Immediate deportation without further
proceedings
• RESPONSIBILITIES OF PET OWNERS:
1) Have their dog regularly vaccinated against Rabies and
maintain a registration card which shall contain all
vaccinations conducted on their dog;
2) Submit their dogs for mandatory registration;
3) Maintain control over their dog and not allow it to roam
the streets or any public place without a leash;
4) Be a responsible owner by providing their dog with
proper grooming, adequate food and clean shelter;
5) Within 24 hours, report immediately any dog biting
incident to the concerned officials for investigation or for
any appropriate action and place such dog under
observation;
6) Assist the dog bite victim immediately and shoulder the
medical expenses incurred and other incidental expenses
relative to the victim’s injuries.
 REPUBLIC ACT NO. 4200
(Anti-Wire Tapping Law)

What is wire-tapping?

1) Tapping any wire or cable, or using any other

device or arrangement,
3) To secretly overhear, intercept, or record a
4) Private communication/conversation or
spoken word
5) Without the knowledge or consent of all the
parties.
PRIVATE COMMUNICATIONS
can be waived by
“SHOUTING”
 REPUBLIC ACT NO. 7832
(Anti-Electricity Pilferage Act)

PUNISHABLE ACTS:

1) Illegal use of electricity

- e.g. illegal connection, tampering, use of
jumpers
2) Theft of electric power transmission lines
and materials.
 REPUBLIC ACT NO. 8550
The Philippine Fisheries Code
PUNISHES the crime of “MURO-AMI”, which is:

-the act of fishing with gear method or

other physical or mechanical acts that destroy
coral reefs, sea grass beds and other fishery
marine life habitat.
 BATAS PAMBANSA BILANG 22
(Anti-Bouncing Check Law)
Who is liable for violation of BP 22?

A] Any person who makes or draws and issues any check to apply on
account or value, knowing at the time of issue that he does not
have sufficient funds in or credit with the drawee bank for the
payment of such checks in full upon its presentment, which
check is subsequently dishonored by the drawee bank.

FOR WHAT REASON?

For insufficiency of funds or credit or it would have been

dishonored for the same reason had not the drawer, without any
valid reason, ordered the bank to stop payment.
B] Any person who made or drew and issued a check
who failed to keep sufficient funds or to maintain a
credit to cover the full amount of the check if said check
was presented within a period of ninety (90) days from
the date appearing thereon, for which reason it is
dishonored by the bank.
ELEMENTS :

1) The accused makes, draws or issues any check to apply

on account or value.

2) The check is subsequently dishonored by the drawee bank

for insufficiency of funds or credit or it would have been
dishonored for the same reason had not the drawer, without
any valid reason, ordered the bank to stop payment.

3) The accused KNOWS at the time of issuance that he or

she does not have sufficient funds in or credit with the drawee
bank for the payment of the check in full upon its
presentment.
 REPUBLIC ACT N0. 8049
(Anti-Hazing Act)

What is HAZING?

It is an initiation rite or practice as a prerequisite for

admission into membership in a fraternity, sorority or
organization by placing the recruit, neophyte or
applicant in some EMBARRASSING or HUMILIATING
situations such as forcing him to do menial, silly,
foolish and similar tasks or activities or otherwise
subjecting him to physical or psychological suffering
or injury.
 Take NOTE:

The term “ORGANIZATION” include any club, or the

AFP, PNP, PMA, or officer and cadet corps of the
Citizen’s Military Academy (CMT), or Citizen’s Army
Training (CAT).
 Requirements before hazing or initiation rites
may be conducted:

1) Prior written notice to the school authorities or head of

organization seven (7) days before the conduct of the said
initiation rite.

2) The written notice shall

a) indicate the period of the initiation activities which shall
not exceed three (3) days;

b) include the names of those to be initiated;

c) contain an undertaking that no physical violence be

employed by anybody during such initiation rites.
 REPUBLIC ACT NO. 6235
(Anti-Hijacking Law)
How is the crime of HIJACKING committed?

HIJACKING is committed by:

1) Compelling the pilot to change in course or destination of

a DOMESTIC AIRCARFT;
2) Seizing or usurping the control of a DOMESTIC AIRCAFT
while it is in flight;
3) Compelling a FOREIGN AIRCRAFT to land in the Philippine
territory; and
4) Seizing or usurping the control of the FOREIGN AIRCRAFT
while it is within Philippine territory.
 When is an AIRCRAFT considered
IN FLIGHT?

An aircraft is considered in flight from the

moment all its EXTERNAL DOORS are closed
following embarkation until any of such doors
is opened for disembarkation.
 Other acts punished by RA 6235:

(1) Shipping, (2) loading, or (3) carrying in any

PASSENGER AIRCRAFT operating as a public
utility within the Philippines any explosive,
flammable, corrosive or poisonous substance
or material.
 PRESIDENTIAL DECREE NO. 533
(Anti-Cattle Rustling Law of 1974)
What is “CATTLE RUSTLING”?

CATTLE RUSTLING is the -

1) Taking away by any means, methods or scheme, without the
consent of the owner/raiser, of a LARGE CATTLE whether or not
for profit or gain, or whether committed with or without
violence against or intimidation of any person or force upon
things;

2) Killing of a large cattle, or taking its meat or hide without the

consent of the owner/raiser.
 What is a LARGE CATTLE?

LARGE CATTLE includes the following:

1) Cow;
2) Carabao;
3) Horse;
4) Mule;
5) Ass; or
6) Other domesticated member of the bovine
family.
Who is considered as an OWNER/RAISER of a
Large Cattle?

OWNER/RAISER -
includes the herdsman, caretaker, employee
or tenant of any firm or entity engaged in the
raising of large cattle or other persons in
lawful possession of such large cattle.
 Duty of OWNER/RAISER to Register the LARGE
CATTLE:
The owner/raiser is duty-bound to register the large cattle
belonging to him –

WHEN?
before the large cattle attains the age of 6 months.

WHERE?
with the office of the City/Municipality where the owner/raiser
resides.

After registration, a CERTIFICATE of OWNERSHIP is issued to the

owner/raiser.
 Permit to BUY and SELL
Large Cattle:

Any person, partnership, association, corporation or

entity engaged in the business of buying and selling
large cattles MUST first secure a permit from -
(a) the Provincial Commander, and
(b) the City/Municipal Treasurer of the place of
residence of such person, partnership, association,
corporation or entity.
Clearance for SHIPMENT of LARGE CATTLE:

Any person, partnership, association,

corporation or entity desiring to ship or
transport large cattle, its hides, or meat, from
one province to another MUST secure a
PERMIT from the Provincial Commander.
 Presumption OF CATTLE RUSTLING:

FAILURE to exhibit or show the required

PERMIT or CLEARANCE by any person having in
his possession, control or custody of large cattle
is a
PRIMA FACIE EVIDENCE
that the large cattle in his possession, control, or
custody is the fruit of the crime of cattle
rustling.
 PRESIDENTIAL DECREE NO. 1612
(Anti-Fencing Law of 1979)
What is “fencing”?

FENCING is the act of any person who,

a) with intent to gain for himself or for another,

b) BUY, RECEIVE, POSSESS, KEEP, ACQUIRE, CONCEAL,
SELL, or DISPOSE of, or BUYS and SELLS, or in any other
manner deal in
c) any article, item, object or anything of value
d) which HE KNOWS, or SHOULD BE KNOWN TO HIM,
e) to have been derived from the proceeds of the crime of
robbery or theft.
 Who is a “FENCE”?
FENCE includes any

 person,
 firm,
 association,
 corporation or partnership, or
 other organizations

who/which commits the act of fencing.

 Presumption of FENCING:

Mere possession
of any goods, article, item, object, or
anything of value which has been the
subject of robbery or theft is a
PRIMA FACIE EVIDENCE
of fencing.
 PRESIDENTIAL DECREE NO. 532
(Anti-Piracy and Anti-Highway Robbery Law)

What is PIRACY?
Any attack upon or seizure of any vessel, or the taking away of
the whole or part thereof, or its cargo, equipment, or the
personal belonging of its complement or passengers, irrespective
of the value thereof, by means of violence against or intimidation
of persons or force upon things.

Who may commit PIRACY?

Any person, including a passenger or member of the
crew/complement of the vessel.

Where may PIRACY be committed?

Only in Philippine waters.
 PIRACY
PD 532 vs. ART. 122 of the RPC

P.D. No. 532 ARTICLE 122, RPC

1) Piracy can only be committed 1) Piracy can be committed both

on Philippine territorial waters. on the high seas and on
Philippine territorial waters.

2) Can be committed by ANY 2) Can only be committed by a

PERSON including a passenger person who is not a passenger
or member of the complement of nor member of the complement
the vessel. of the vessel.
 What is HIGHWAY ROBBERY or BRIGANDAGE?

It is the-
1) The seizure of any person for ransom, extortion or
other unlawful purposes, or

2) Taking away of the property of another by means

of violence against or intimidation of persons or
force upon things or other unlawful means.

WHERE?
On any PHILIPPINE HIGHWAY.
 What is a PHILIPPINE HIGHWAY?

Any road, street, passage, highway and

bridges or other parts thereof, or railways or
railroad within the Philippines used by
persons, or vehicles, or locomotives or trains
for the movement or circulation of persons or
transportation of goods, articles, or property
or both.
 What is the purpose of the accused in Highway
Robbery or Brigandage?

The purpose of brigandage is INDISCRIMINATE

HIGHWAY ROBBERY (i.e. victim could be any person or
persons that passes through a Philippine Highway).

If the purpose is only a particular robbery (i.e. there

is a predetermined or particular victim), the crime is
only Robbery or Robbery in band if there are at least 4
armed participants.
Q: Is the number of perpetrators an essential
element of Highway Robbery or Brigandage?

A: No. The perpetrator could be a single person

or a group of persons not necessarily at least
four (4) armed persons.
Q: Is the fact that Robbery was committed on
Philippine Highway makes it Highway Robbery or
Brigandage?

A: No. The mere fact that robbery was committed

on Philippine Highway does not give rise to
Highway Robbery or Brigandage. The intent of
indiscriminate highway robbery must be present.
 REPUBLIC ACT NO. 7610
(Anti-Child Abuse Law)

Who are CHILDREN under the Act?

CHILDREN refers to persons:

a) Below 18 years of age, or

b) Over 18 years of age but are unable to fully take

care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental
disability or condition (Sec. 3).
 What is CHILD ABUSE?
CHILD ABUSE refers to the maltreatment, whether habitual or not, of the
child which includes any of the following acts:

a) Psychological and physical abuse, neglect, cruelty, sexual abuse and

emotional maltreatment;

b) Any act by deeds or words which debases, degrades or demeans the

intrinsic worth and dignity of a child as a human being;

c) Unreasonable deprivation of his basic needs for survival, such as food

and shelter; or

d) Failure to immediately give medical treatment to an injured child

resulting in serious impairment of his growth and development or his
permanent incapacity or death.
 OFFENSES
punishable under RA 7610
1) CHILD PROSTITUTION and OTHER CHILD ABUSE

Who are considered “children exploited in prostitution and other

sexual abuse”?

Children, whether male or female, who for money, profit or

any other consideration or due to the coercion or influence of
any adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
 PERSONS LIABLE for CHILD PROSTITUTION and
OTHER CHILD ABUSE:

1) Those who engage in or promote, facilitate or induce child

prostitution which include, but are not limited to the ff:

a) Acting as procurer of a child prostitute;

b) Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar means;
c) Taking advantage of influence or relationship to procure
a child as a prostitute;
d) Threatening or using violence towards a child to engage
him as a prostitute; or
e) Giving monetary consideration, goods or other pecuniary
benefits to a child with the intent to engage such
child in prostitution.
2) Those who commit the act of sexual intercourse or lascivious
conduct with a child exploited in prostitution or subjected to
other sexual abuse;

3) Those who derive profit or advantage there from, whether as a

manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the
license has been issued to said establishment.
 ACTS PUNISHABLE as an ATTEMPT to COMMIT
CHILD PROSTITUTION:
Who are guilty of attempt to commit child prostitution?

1) Any person who, not being a relative of the child is found alone
with the child inside a room or cubicle of a house, inn, hotel,
motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse; and

2) Any person who receives services from a child in a sauna parlor,

massage clinic, health club and other similar establishments.
2) CHILD TRAFFICKING

A. Consummated Act of CHILD TRAFFICKING:

Who are liable for consummated act of child trafficking?

Any person who engages in trading and dealing with

children including, but not limited to, the act of buying
and selling of a child for money, or for any other
consideration, or barter.
B. Attempt to Commit CHILD TRAFFICKING:

There is an attempt to commit Child Trafficking:

1) When a child travels alone to a foreign country without valid reason therefor and
without clearance issued by the DSWD or written permission or justification from the
child’s parents or legal guardian;

2) When a pregnant mother executes an affidavit of consent for adoption for a

consideration;

3) When a person, agency, establishment or child-caring institution recruits women or

couples to bear children for the purpose of child trafficking;
4) When a doctor, hospital, or child clinic official or
employee, nurse, midwife, local civil registrar or any
other person simulates birth for the purpose of child
trafficking; or

5) When a person engages in the act of finding children

among low-income families, hospitals, clinics, nurseries,
day-care centers, or other child-caring institutions who
can be offered for the purpose of child trafficking.
3) OBSCENE PUBLICATIONS AND INDECENT SHOWS

Who are liable?

a) Any person who hires, employs, uses, persuades, induces, or coerces a

child:

1) To perform in obscene exhibitions and indecent shows, whether live

or in video;

2) To pose or model in obscene publications or

pornographic materials.

b) Any ascendant, guardian, or person entrusted in any capacity with the care
of the child who causes and/or allows a child to be employed or to participate
in an obscene play, scene, act, movie or show or in any other acts covered by
Sec. 9 of R.A. 7610.
 Other ACTS of NEGLECT, ABUSE, CRUELTY or EXPLOITATION and
other Conditions Prejudicial to the Child’s Development:

1) Committing any other act of child abuse, cruelty or exploitation or

be responsible for other conditions prejudicial to the child’s
development;

2) Keeping or having in his company a minor, 12 years or under or

who is 10 years or more younger than his junior in any public
place or private place, hotel, motel, beer joint, discothèque,
cabaret, pension house, sauna or massage parlor, beach and/or
other tourist resort or similar places;

3) Inducing, delivering or offering a minor to anyone prohibited to

keep or have in his company a minor as provided in the
preceding paragraph;
4) Allowing by any person, owner, manager or one
entrusted with the operation of any public or private
place or accommodation, whether for occupancy, food,
drink, or otherwise, including residential places any
minor;

5) Using, coercing, forcing or intimidating a street child or

any other child to:

a) Beg or use begging as a means of living;

b) Act as conduit or middleman in drug trafficking
or pushing; or
c) Conduct any illegal activities.
Who may FILE a COMPLAINT for a VIOLATION of RA 7610?

The complaint may be filed by any of the following:

1) Offended party;
2) Parents or guardians;
3) Ascendant or collateral relative within the third degree
of consanguinity;
4) Officer, social worker or representative of a licensed
child-caring institution;
5) Officer, social worker of the DSWD;
6) Barangay Chairman;
7) At least 3 concerned responsible citizens where the
violation occurred.
 REPUBLIC ACT NO. 7658
• It prohibits the employment of children below 15 years of age
in public and private undertakings.
EXCEPTIONS:
1) When the child works directly under the sole responsibility
of his parents or legal guardian and where only members of
the family are employed.
Conditions:
a) The employment of the child does not endanger his
or her life, safety, health and morals or impair his
normal development, and
b) The parent/guardian shall provide the minor with
the prescribed primary and/or secondary
education.
2) Where a child's employment or participation in public
entertainment or information through cinema, theater, radio or
television is essential.
CONDITIONS:
a) The employment contract is concluded by the
child’s parents or legal guardian, with express
agreement of the child and the approval of the
DOLE, and
b) The ff: requirements in all instances are strictly
complied with:
1) The employer shall ensure the protection,
health, safety, morals and normal development
of the child;
2) The employer shall institute measures to prevent
the child’s exploitation or discrimination taking
into account the system and level of remuneration,
and the duration and arrangement of working time;
and

3) The employer shall formulate, subject to the

approval and supervision of competent authorities,

a continuing program for training and skills

acquisition of the child.
 REPUBLIC ACT NO. 7877
(Anti-Sexual Harassment Act)

What is SEXUAL HARASSMENT?

It is committed by demanding, requesting or

otherwise requiring any SEXUAL FAVOR from a person,
regardless of whether the demand, request or
requirement for submission is accepted by the victim.

It may be WORK, EDUCATION or TRAINING related.

Who may commit SEXUAL HARASSMENT?
The following may be held liable of sexual harassment:
1) Employer,
2) Employee,
3) Manager,
4) Supervisor,
5) Agent of the Employer,
6) Teacher,
7) Instructor,
8) Professor,
9) Coach,
10) Trainer, or
11) Any other PERSON HAVING AUHTORITY, INFLUENCE
or MORAL ASCENDANCY over another person in a
work, training or education environment.
 REPUBLIC ACT NO. 9344
(JUVENILE JUSTICE AND WELFARE ACT OF 2006)

LIBERAL CONSTRUCTION:

In case of doubt, the interpretation of any of the

provisions of the law and its IRR shall be construed
liberally in favor of the child in conflict with the law,
i.e., consistent with the best interest of the child, the
declared state policy, the rights of the child in conflict
with the law, and the principle of restorative justice.
 DEFINITION OF TERMS
• BAIL refers to the security given for the release of the person in
custody of the law, furnished by him/her or a bondsman, to
guarantee his/her appearance before any court.

• BEST INTEREST OF THE CHILD refers to the totality of the

circumstances and conditions most congenial to the survival,
protection and feelings of security of the child and most
encouraging to the child’s physical, psychological and emotional
development. It also means the least detrimental available
alternative for safeguarding the growth and development of the
child.
• CHILD refers to a person under the age of eighteen (18)
years.

• CHILDREN AT RISK refers to children who are vulnerable to

and at the risk of committing criminal offenses because of
personal, family and social circumstances, such as, but not
limited to, the following:
(1) being abused by any person through sexual,
physical, psychological, mental, economic or any other means
and the parents or guardian refuse, are unwilling, or unable to
provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and
inquiry the parent or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a
parent or guardian;
(5) being out of school;
(6) being a street child;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug
abuse; and
(9) living in situations of armed conflict.
CHILD IN CONFLICT WITH THE LAW refers to a child who is
alleged as, accused of, or adjudged as, having committed an
offense under Philippine laws.

COMMUNITY-BASED PROGRAMS refers to the programs

provided in a community setting developed for purposes of
intervention and diversion, as well as rehabilitation of the child
in conflict with the law, for reintegration into his/her family
and/or community.

COURT refers to a family court or, in places where there are no

family courts, any regional trial court
 DEPRIVATION OF LIBERTY refers to any form of detention or
imprisonment, or to the placement of a child in conflict with
the law in a public or private custodial setting, from which the
child in conflict with the law is not permitted to leave at will
by order of any judicial or administrative authority.
 
DIVERSION refers to an alternative, child-appropriate process
of determining the responsibility and treatment of a child in
conflict with the law on the basis of his/her social, cultural,
economic, psychological or educational background without
resorting to formal court proceedings.
DIVERSION PROGRAM refers to the program that the child in conflict
with the law is required to undergo after he/she is found responsible for
an offense without resorting to formal court proceedings.

INITIAL CONTACT WITH THE CHILD refers to the apprehension or taking

into custody of a child in conflict with the law by law enforcement
officers or private citizens. It includes the time when the child alleged to
be in conflict with the law receives a subpoena.

INTERVENTION refers to a series of activities designed to address issues

that caused the child to commit an offense. It may take the form of an
individualized treatment program, which may include counseling, skills
training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.
JUVENILE JUSTICE AND WELFARE SYSTEM refers to a system
dealing with children at risk and children in conflict with the
law, which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation,
reintegration and aftercare to ensure their normal growth and
development.

LAW ENFORCEMENT OFFICER refer to the person in authority

or his/her agent as defined in Article 152 of the Revised Penal
Code, including a barangay tanod.

OFFENSE refers to any act or omission whether punishable

under special laws or the Revised Penal Code, as amended. It
includes violations of traffic laws, rules and regulations, and
ordinances of local government units.
RECOGNIZANCE refers to an undertaking in lieu of a bond
assumed by a parent or custodian who shall be responsible
for the appearance in court of the child in conflict with the
law, when required.

STATUS OFFENSES refers to offenses which discriminate only

against a child, while an adult does not suffer any penalty for
committing similar acts. These shall include curfew violations,
truancy, parental disobedience and the like.

VICTIMLESS CRIMES refers to offenses where there is no

private offended party.
YOUTH DETENTION HOME refers to a 24-hour child-caring institution
managed by accredited LGUs and licensed and/or accredited NGOs
providing short-term residential care for children in conflict with the law
who are awaiting court disposition of their cases or transfer to other
agencies or jurisdiction; also referred to as “Youth Home.”

YOUTH REHABILITATION CENTER refers to a 24-hour residential care

facility that provides children in conflict with the law with care,
treatment and rehabilitation services under the guidance of trained
staff where children in conflict with the law on suspended sentence, or
“residents,” are cared for under a structured therapeutic environment
with the end view of reintegrating them in their families and
communities as socially functioning individuals; also referred to as
“Youth Center.”
 Rights of a child in conflict with the law:
(a) The right to be treated with humanity and respect for the inherent
dignity of the person, and in a manner which takes into account the needs
of a person of his/her age;

(b) The right not to be subjected to torture or other cruel, inhuman or

degrading treatment or punishment;

(c) The right not to be imposed a sentence of capital punishment or life

imprisonment, without the possibility of release;

(d) The right not to be unlawfully or arbitrarily deprived of his/her liberty;

that detention or imprisonment being a disposition of last resort, shall be
for the shortest appropriate period of time;
(e) The right to be separated from adult offenders at all times. In
particular, the child shall:
(1) Not be detained together with adult offenders.
(2) Be conveyed separately to or from the court.
(3) Await hearing of his/her own case in a separate
holding area.

(f) The right to maintain contact with his/her family through

correspondence and visits save in exceptional circumstances;

(g) The right to prompt access to legal and other appropriate assistance,
as well as the right to challenge the legality of the deprivation of his/her
liberty before a court or other competent, independent and impartial
authority, and to a prompt decision on such action;
(h) The right to bail and recognizance, in appropriate cases;

(i) The right to testify as a witness in his/her own behalf under the rule on
examination of a child witness;

(j) The right to have his/her privacy respected fully at all stages of the
proceedings;

(k) The right to diversion if he/she is qualified and voluntarily avails of the
same;

(l) The right to be imposed a judgment in proportion to the gravity of the

offense where his/her best interest, the rights of the victim and the needs
of society are all taken into consideration by the court, under the principle
of restorative justice;
(m) The right to have restrictions on his/her personal liberty limited to the
minimum, and where discretion is given by law to the judge to determine
whether to impose fine or imprisonment, the imposition of fine being preferred
as the more appropriate penalty;

(n) In criminal prosecutions, the rights:

(1) Not to be held to answer for a criminal offense without

due process of law;
(2) To be presumed innocent until the contrary is proved
beyond reasonable doubt;
(3) To be heard by him/herself and counsel;
(4) To be informed promptly and directly of the nature and cause of the
accusation against him/her, and if appropriate, through his/her parents or
legal guardian;
(5) To be present at every stage of the proceedings, from arraignment to
promulgation of judgment;
(6) To have legal and other appropriate assistance in the
preparation and presentation of his/her defense;

(7) To testify as a witness in his/her own behalf and subject to

cross-examination only on matters covered by direct examination,
provided that the Rule on the Examination of a Child Witness shall
be observed whenever convenient and practicable.

(8) Not to be compelled to be a witness against him/herself and

his/her silence shall not in any manner prejudice him/her;

(9) To confront and cross-examine the witnesses against him/her;

(10) To have compulsory process to secure the attendance of
witnesses and production of other evidence in his/her behalf;

(11) To have a speedy, impartial and public trial, with legal or

other appropriate assistance and preferably in the presence of
his/her parents or legal guardian, unless such presence is
considered not to be in the best interests of the juvenile taking
into account his/her age and other peculiar circumstances;

(12) To appeal in all cases allowed and in the manner prescribed

by law; and

(13) To be accorded all the rights under the Rule on Examination

of a Child Witness.
 (o) In general, the right to automatic suspension of sentence;

(p) The right to probation as an alternative to imprisonment, if

qualified under the probation law;

(q) The right to be free from liability for perjury, concealment or

misrepresentation; and

(r) Other rights as provided for under existing laws, rules and
regulations.
 
(These rights of children in conflict with the law shall serve as
guiding principles in the administration of the Juvenile Justice and
Welfare System.)
 Principle of Restorative Justice
RESTORATIVE JUSTICE refers to a principle that requires a process
of resolving conflicts with the maximum involvement of the
victim, the offender and the community. It seeks to achieve the
following:
 
(a) Reparation for the victim;
(b) Reconciliation of the offender, the offended and the
community;
(c) Reassurance to the offender that he/she can be reintegrated
into society; and
(d) Enhancement of public safety by activating the offender, the
victim and the community in prevention strategies.
 Republic Act No. 9995
Anti-Photo and Video Voyeurism Act
PHOTO OR VIDEO VOYEURISM

a) Taking photo or video coverage of a person or group of persons performing

sexual act or any similar activity without the latter's consent, under
circumstances in which such person/s has/have a reasonable expectation of
privacy.
b) Capturing an image of the private area of a person or persons without the
latter's consent, under circumstances in which such person/s has/have a
reasonable expectation of privacy
c) Selling, copying, reproducing, broadcasting, sharing, showing or exhibiting
the photo or video coverage or recordings of such sexual act or similar
activity through VCD/DVD, internet, cellular phones and similar means or
device without the written consent of the person/s involved,
notwithstanding that consent to record or take photo or video coverage of
same was given by such person's.
 PROHIBITED ACTS
(a) To take photo or video coverage of a person or group of persons performing sexual
act or any similar activity or to capture an image of the private area of a person/s such
as the naked or undergarment clad genitals, public area, buttocks or female breast
without the consent of the person/s involved and under circumstances in which the
person/s has/have a reasonable expectation of privacy;
(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or
recording of sexual act or any similar activity with or without consideration;
(c) To sell or distribute, or cause to be sold or distributed, such photo or video or
recording of sexual act, whether it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or video coverage or recordings of such
sexual act or any similar activity through VCD/DVD, internet, cellular phones and other
similar means or device.
•The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that
consent to record or take photo or video coverage of the same was given by such
person/s.
 PENALTY
• The penalty of imprisonment of not less that three (3) years but
not more than seven (7) years and a fine of not less than One
hundred thousand pesos (P100,000.00) but not more than Five
hundred thousand pesos (P500,000.00), or both, at the discretion
of the court.
• If the violator is a JURIDICAL PERSON, its license or franchise shall
be automatically be deemed revoked and the persons liable shall
be the officers thereof including the editor and reporter in the
case of print media, and the station manager, editor and
broadcaster in the case of a broadcast media.
• If the offender is a PUBLIC OFFICER OR EMPLOYEE, OR A
PROFESSIONAL, he/she shall be administratively liable.
• If the offender is an ALIEN, he/she shall be subject to deportation
proceedings after serving his/her sentence and payment of fines.
 EXEMPTION
• Any peace officer, who is authorized by a written order of
the court, 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: Provided, That such
written order shall only be issued or granted upon written
application and the examination under oath or affirmation
of the applicant and the witnesses he/she may produce,
and upon showing that there are reasonable grounds to
believe that photo or video voyeurism has been committed
or is about to be committed, and that the evidence to be
obtained is essential to the conviction of any person for, or
to the solution or prevention of such, crime.
 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.
 Republic Act No. 9775
Anti-Child Pornography Act

•  CHILD PORNOGRAPHY - refers to any

representation, whether visual, audio, or
written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in
real or simulated explicit sexual activities.
EXPLICIT SEXUAL ACTIVITY - includes actual or
simulated. -
(1) As to form:
(i) sexual intercourse or lascivious act including, but
not limited to, contact involving genital to genital, oral
to genital, anal to genital, or oral to anal, whether
between persons of the same or opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals, buttocks, breasts,
pubic area and/or anus; or
(6) use of any object or instrument for lascivious acts
GROOMING - act of preparing a child or someone who the
offender believes to be a child for sexual activity or sexual
relationship by communicating any form of child pornography.
It includes online enticement or enticement through any
other means.
LURING - act of communicating, by means of a computer
system, with a child or someone who the offender believes to
be a child for the purpose of facilitating the commission of
sexual activity or production of any form of child pornography.
PANDERING - act of offering, advertising, promoting,
representing or distributing through any means any material
or purported material that is intended to cause another to
believe that the material or purported material contains any
form of child pornography, regardless of the actual content of
the material or purported material.
 PROHIBITED ACTS
 (a) To hire, employ, use, persuade, induce or coerce a child to perform in the
creation or production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote,
export or import any form of child pornography;
(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;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated
in this section. Conspiracy to commit any form of child
pornography shall be committed when two (2) or more
persons come to an agreement concerning the
commission of any of the said prohibited acts and decide
to commit it; and
(l) To possess any form of child pornography.
 Syndicated Child Pornography
• The crime of child pornography is deemed
committed by a syndicate if carried out by a
group of three (3) or more persons conspiring
or confederating with one another and shall
be punished under Section 15(a) of this Act.
 REPUBLIC ACT 9262
(Anti-Violence Against Women and Their Children Law)

PUNISHES:

1) Physical, psychological, emotional, sexual,

economic violence committed against women,
and their children.

2) Includes Live-In Relationship.

 Who is a BATTERED WOMAN?
A woman who is repeatedly subjected to any
forceful physical or psychological behavior by a
man in order to coerce her to do something he
wants her to do without concern for her rights.
• Includes wives or women in any form of
intimate relationship with men.
• In order to be classified as a battered woman,
the couple must go through the battering
cycle “cycle of violence” at least twice.
 CYCLE OF VIOLENCE
PHASES:

1. TENSION-BUILDING PHASE – During this phase, minor

battering occurs. It could be verbal or slight physical
abuse or another form of hostile behavior. The woman
usually pacifies the batterer through a show of kind,
nurturing behavior, or by simply staying out of his way.
What actually happens is that she allows herself to be
abused in ways that, to her, are comparatively minor.
Often, this technique is not successful. At some
unpredictable point, the violence “spirals out of control”
and to the acute battering incident.
2. ACUTE BATTERING INCIDENT – Characterized
by brutality, destructiveness and sometimes
death. The battered woman deems this
incident as unpredictable, yet also inevitable.
During this phase, she has no control; only the
batterer may put an end to the violence. The
battered woman usually realizes that she
cannot reason with him, and that resistance
would only exacerbate her condition.
3. TRANQUIL PERIOD – The final phase of the cycle
of violence begins when acute battering incident
ends. The couple experience profound relief. The
batterer may show a tender and nurturing
behavior towards his partner. He tries to make
up for his cruelty and begs for forgiveness and
promises never to beat her again. On the other
hand, the battered woman also tries to convince
herself that the battering will never happen
again; that her partner will change for the
better; and that this “good, gentle and caring
man” is the real person whom she loves.
 REPUBLIC ACT NO. 8353
(Anti-Rape Law of 1997)
SALIENT FEATURES:

A. RA 8353 RECLASSIFIED the crime of RAPE by

amending Art. 266 of the RPC.

RAPE is now considered a public crime, which means

that any person who has knowledge of the crime may
file a complaint; consequently, even if the victim
withdraws her complaint, the government (i.e. the
police, prosecutor, fiscal, etc.) may proceed with the
case.
B. Rape can now be committed by ANY PERSON,
MAN or WOMAN, particularly RAPE BY
SEXUAL ASSUALT.

C. It introduced MARITAL RAPE between married

couples.

D. Rape can be committed through fraudulent

machination or grave abuse of authority.
TWO WAYS OF COMMITTING RAPE
1) MAN who shall have carnal knowledge of a
WOMAN under the following circumstances:

• Through force, threat, or intimidation;

• When offended party is deprived of reason or
is otherwise unconscious;
• By means of fraudulent machination or grave
abuse of authority, and
• When offended party is under 12 yrs. of age
or demented.
2) By any person (MAN or WOMAN) who, under any
of the circumstances mentioned in paragraph 1,
shall commit an act of SEXUAL ASSAULT by:

• Inserting his penis into another persons

mouth or anal orifice, or

• Inserting any instrument or object (including

a finger) into the genital or anal orifice of
another person.
 TAKE NOTE:

• Marriage between offender and offended party

extinguishes criminal action or penalty but not if
marriage is void ab initio.

• Pardon by the offended party does not extinguish

criminal liability, only civil liability.
 JURISPRUDENCE ON RAPE:
1) Attempted Rape is committed by the accused after raising the dress
of the woman who was asleep and placing himself on top of her
(Pp. v. Tayaba).
2) There is no FRUSTRATED RAPE (Pp. v. Orita).
3) Where the offended party is less than 12 years old, rape is
committed although she consented to the sexual act (Pp. v.
Villamor).
4) Rape is committed even if the girl under 12 years of age is a
prostitute (Pp. v. Perez).
5) Sexual intercourse with a woman who is half asleep is not RAPE (Pp.
v. Salarza).
 REPUBLIC ACT NO. 9372
(Human Security Act of 2007)

How is Terrorism Committed?

Terrorism is committed by committing such crimes that

sow and create a condition of widespread and
extraordinary fear and panic among the populace, in
order to coerce the government to give in to an
unlawful demand.
 What are the crimes that constitute
TERRORISM?

a . Piracy in General and Mutiny in the High Seas or in

the Philippine Waters (Article 122, RPC);
b. Rebellion or Insurrection (Article 134);
c. Coup d' Etat, including acts committed by private
persons (Article 134-a);
d. Murder (Article 248);
e. Kidnapping and Serious Illegal Detention (Article
267);
f. Crimes Involving Destruction, Article 324, or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory
and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-
Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful
Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives).
What is the imposable penalty?

FORTY (40) YEARS of IMPRISONMENT,

without the benefit of parole as provided
for under Act No. 4103, otherwise known
as the Indeterminate Sentence Law.
 Conspiracy to Commit Terrorism

• Persons who conspire to commit the crime of

terrorism shall suffer the penalty of forty (40)
years of imprisonment.

• There is conspiracy when two or more persons

come to an agreement concerning the
commission of the crime of terrorism as defined
in Section 3 hereof and decide to commit the
same.
 Accomplice
• Any person who, not being a principal under Article
17 of the Revised Penal Code or a conspirator as
defined in Section 4 hereof, cooperates in the
execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or
simultaneous acts shall suffer the penalty of
imprisonment from seventeen (17) years, four
months one day to twenty (20) years.
 Accessory
• Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having
participated therein, either as principal or accomplice under Articles 17
and 18 of the Revised Penal Code, takes part subsequent to its
commission in any of the following manner:

(a) by profiting himself or assisting the offender to profit by the effects

of the crime;
(b) by concealing or destroying the body of the crime, or the effects, or
instruments thereof, in order to prevent its discovery;
(c) by harboring, concealing, or assisting in the escape of the principal
or conspirator of the crime, shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
 Accessories exempt from criminal liability

The penalties prescribed for accessories shall not be

imposed upon those who are such with respect to
their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or
relatives by affinity within the same degrees, with
the single exception of accessories falling within the
provisions of subparagraph (a).
 Surveillance of Suspects and Interception and
Recording of Communications.
• A police or law enforcement official and the members of his team
may, upon a written order of the Court of Appeals, wire any
communication, message, conversation, discussion, or spoken or
written words between members of a judicially declared and
outlawed terrorist organization, association, or group of persons
or of any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism.

• NOTE: Surveillance, interception and recording of communications

between lawyers and clients, doctors and patients, journalists and
their sources and confidential business correspondence shall not
be authorized.
 -the end-

God bless and thank you