NOTES

IN SPECIAL PENAL LAWS

ACT NO. 4103 INDETERMINATE SENTENCE

LAW (as amended by Act 4225)

Objectives of the law

1. Avoid the unnecessary, prolonged imprisonment of
convicts resulting in economic wastefulness;

2. Decongest the jails by having the convicts serve their
sentences outside the prison;

3. Save the government of the expenses necessary to
maintain the prisoners in confinement; and

4. Promote reformation of the prisoner by having him
under the supervision of parole officer.

Instances when the law is not applicable

1. Offenses punished by death or life imprisonment;

2. Those convicted of treason (Art. 114), conspiracy or
proposal to commit treason (Art. 115);

3. Those convicted of misprision of treason (Art. 116),
rebellion (Art. 134), sedition (Art. 139), or espionage
(Art. 117);

4. Those convicted of piracy (Art. 122);

1
5. Habitual delinquents (Art. 62, par. 5);

6. Those who escaped from confinement or those who
evaded sentence;

7. Those granted conditional pardon and who violated
the terms of the same;

8. Those whose maximum period of imprisonment does
exceed one year;

9. Those who are already serving final judgment upon the
approval of the Indeterminate Sentence Law;

10. Those sentenced to the penalty of destierro or
suspension, and the like.

When the crime is punished by a special law


If the offense is punished by a special law, the court
shall sentence the accused to an indeterminate penalty, the
maximum term of which shall not exceed the maximum fixed by

said law and the minimum term shall not be less than the
minimum prescribed by the same. ( Sec. 1, Act No. 4103)

When the crime is punished by the Revised Penal Code


If the offense is punished by the Revised Penal Code,
the court shall sentence the accused to an indeterminate
penalty, the maximum term of which shall be that which, in view
of the attending circumstances, could be properly imposed
under the rules of the Revised Penal Code, and the minimum
term of which shall be within the range of the penalty next lower
to that prescribed by the Code for the offense. (Sec. 1, Act. No.
4103 as amended by Act 4225)

People v. Gabres (G.R. Nos. 118950-54, February 6,
1997) explained that the maximum term of the penalty shall be
that which, in view of the attending circumstances, could be
properly imposed and the minimum shall be within the range of
the penalty next lower to that prescribed for the offense. The
penalty next lower should be based on the penalty prescribed by
the Code for the offense, without first considering any modifying
circumstances attendant to the commission of the crime. The
determination of the minimum penalty is left by law to the
sound discretion of the court and it can be anywhere within the
range of the penalty next lower without any reference to the
periods into which it might subdivided.


Application of the Indeterminate Sentence Law is
mandatory where imprisonment would exceed one
year (People v. Lee, Jr., 132 SCRA 66). It is mandatory
in the cases specified therein, for it employs the
phrases convicts shall be sentenced and the court
shall sentenced the accused to an indeterminate
sentence (People v. Yu Lian, CA, 40 OG 4205)

The penalty actually imposed, not the penalty that may
be imposed, that should be considered.

2
Recidivists are entitled to an indeterminate sentence.
(People v. Jaranilla, Feb. 22, 1974) Offender is not
disqualified to avail of the benefits of the law even if
the crime is committed while he is on parole. (People
v. Calreon, CA 78 OG 6701, Nov. 19, 1982)

The maximum penalty is necessary for the imposition
of the accessory penalties whereas the minimum
penalty is stated in the sentence to show when the
inmate is eligible for parole.

Parole under the Indeterminate Sentence Law v. Pardon


In parole, the minimum sentence must be served; in
pardon, service is not required for the grant thereof.

A person is a habitual delinquent if within a period of ten years from

the date of his (last) release or last conviction of the crimes of (1) serious
or less serious physical injuries, (2) robo, (3) hurto, (4) estafa, or (5)
falsificacion, he is found guilty of any of said crimes a third time or
oftener.

A recidivist is one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced
in the same title of the Revised Penal Code.

NOTES IN SPECIAL PENAL LAWS

Parole is a benefit granted by law, specifically under
the Indeterminate Sentence Law; pardon is an exercise of the
power of the President under the Constitution.

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND
THE TIME INCLUDED IN EACH OF THEIR PERIODS

Penalties

Reclusion
temporal

Time
included
in the
penalty
in its
entirety
From 12
years
and 1
day to
20 years

Time
included
in its
minimum
period

Time
included
in its
medium
period

From 12
years and
1 day to
14 years
and
8
months

From 14
years, 8
months
and 1
day to
17 years
and 4
months
From 8
years
and 1
day to
10 years
From 2
years, 4
months
and 1
day to 4
years
and 2
months
From 2
months
and 1
day to 4
months
From 11
to
20
days

Prision mayor,
absolute
disqualification
and temporary
disqualification
Prision
correccional,
suspension
and destierro

From six
years
and 1
day to
12 years
From 6
months
and 1
day to 6
years

From 6
years and
1 day to 8
years

Arresto mayor

From 1
month
and 1
day to 6
months
From 1
to
30
days

from 1
month to
2 months

Arresto menor

From 6
months
and 1 day
to 2 years
and
4
months

From 1 to
10 days

Time included in
its
maximumperiod
From 17 years
and 4 months
and 1 day to 20
years

From 10 years
and 1 day to 12
years

From 4 years, 2
months and 1
day to 6 years

From 4 months
and 1 day to 6
months

From 21 to 30
days

-- cocoy --

P.D. 968 PROBATION LAW (as amended by

P.D. 1257 and as further amended by B.P. 76
and P.D. 1990)

Probation


Probation is a disposition under which a defendant,
after conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation
officer.

As in the Indeterminate Sentence Law, the Probation Law also
has the following objectives:

1. To promote correction and rehabilitation of the
offender by giving him individualized treatment;

2.

To provide an opportunity for the reformation of a

penitent offender, which might be less probable if he
were to serve a prison sentence;

3.

To prevent further commission of crimes as he is

3
placed under the supervision of probation officer ;

4.

To decongest our jails; and

5.

To save the government much needed funds which

would be spent on maintaining him in prison.

Conditions of probation (mandatory)



Every probation order issued by the court shall contain
conditions requiring the probationer to:

1. Present himself to the probation officer designated to
undertake his supervision at such place as may be
specified in the order within 72 hours from receipt of
the order;

2. Report to the probation officer at least once a month
at such time and place as specified by said officer.

The court may also require the probationer to do any

of those enumerated in sub-paragraphs (a) to (k) of
Section 10 of the Decree.

Grounds for denial of application

1. The offender is in need of correctional treatment that
can be provided most effectively by his commitment to
an institution;

2. There is undue risk that during the period of probation
the offender will commit another crime; or

3. Probation will depreciate the seriousness of the
offense committed.

Disqualifications (Section 9)

1. Those sentenced to serve a maximum term of
4
imprisonment of more than six years ;

2. Those convicted of any offense against the security of
the State (Crimes against National Security, Crimes
against public order, subversion);

3. Those who have been previously convicted by final
judgment of an offense punished by imprisonment of
not less than one month and one day (one month and
one day or more) and/or fine not less than 200 pesos
(P200 or more);

3
4

Nos. 1-3 also called the three-fold purpose of the Decree.

A habitual delinquent person is necessarily included in this

disqualification. (See Art. 62, RPC on effect of habitual delinquency)

NOTES IN SPECIAL PENAL LAWS

4.

5.

Those who have been once on probation under the

provision of the Decree; and
Those who are already serving sentence at the time
the substantive provisions of the Decree became
applicable pursuant to Section 33 hereof.

Probation may be granted whether the sentence

imposes a term of imprisonment or a fine only.

An application for probation shall be filed with the trial

court, with notice to the appellate court if an appeal
has been taken from the sentence of conviction.

No application for probation shall be entertained or

granted if the defendant has perfected the appeal
from the judgment of conviction.

The filing of the application shall be deemed a waiver

of the right to appeal, or the automatic withdrawal of a
pending appeal.

An order granting or denying probation shall not be

appealable.

Probation affects only the criminal aspect of the case.

The suspension of the sentence imposed on the
accused who is granted probation has no bearing on
his civil liability. The court must hear the civil aspect.
(Budlong v. Apalisok, 122 SCRA 935 [1983])

Duration of probation

Imprisonment of

Probation

1. Not more than 1 year
Not exceeding 2 years

2. 1 year to 6 years
Not exceeding 6 years

Fine with subsidiary imprisonment

3. As computed under Art. 39 Twice the period computed

Character

Grant of privilege;
must be applied for

disqualified
Mandatory;
application not
necessary

--cocoy--

P.D. 1612 ANTI-FENCING LAW OF 1979

Fencing is the act of any person who, with intent to gain for
himself or for another, shall buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or anything of value
which he knows, or should be known to him, to have been
derived from the proceeds of the crime of robbery or theft.
(Sec 2a)

Elements:

1. Robbery or theft has been committed;

2. The accused, who is not a principal or accomplice in
the commission of robbery or theft, buys, receives,
possesses, keeps, acquires, conceals, sells, or disposes
or buys and sells, or in any other manner deals in any
article, item, object or anything of value which has
been derived from the proceeds of the said crime;

3. The accused knows or should have known that the said
article, item, object or anything of value has been
derived from the proceeds of the crime of robbery or
theft; and

4. There is, on the part of the accused, intent to gain for
himself or for another. (Capili v. CA, Aug. 15, 2000)

Presumption of fencing


Mere possession of any good, article, item, object or
anything of value which has been the subject of robbery or
thievery shall be prima facie evidence of fencing. (Sec. 5)

--cocoy--

Distinguished from Parole under the Indeterminate Sentence

Law


PROBATION
PAROLE
Sentence
Must not be more
Must be more than
than 6 years
1 year
Penalty
Imprisonment or
Imprisonment only
fine
Disposition
Sentence is
Imprisonment only
suspended
Violation of
Entire sentence
Unexpired portion
condition
shall be served
shall be served
Appeals
Forecloses right
No effect on
thereto
operation
Availability
Only once
Everytime as long
as offender is not

Purpose of the Anti-Graft Law


The purpose of the Anti-Graft Law was enacted under
the police power of the State to promote morality in public
service, to deter public officials and employees from committing
acts of dishonesty and improve the tome of morality in public
service. (Morfe v. Mutuc, 22 SCRA 424)

ANTI-GRAFT AND CORRUPT PRACTICES ACT

(R.A. 3019 as amended by R.A. 3047, P.D. 77
and B.P. 195)

Definition of terms

NOTES IN SPECIAL PENAL LAWS

(a) "Government" includes the national government, the local
governments, the government-owned and government-
controlled corporations, and all other instrumentalities or
agencies of the Republic of the Philippines and their branches.

(b) "Public officer" includes elective and appointive officials and
employees, permanent or temporary, whether in the classified
or unclassified or exempt service receiving compensation, even
nominal, from the government as defined in the preceding
subparagraph.

(c) "Receiving any gift" includes the act of accepting directly or
indirectly a gift from a person other than a member of the public
officer's immediate family, in behalf of himself or of any member
of his family or relative within the fourth civil degree, either by
consanguinity or affinity, even on the occasion of a family
celebration or national festivity like Christmas, if the value of the
gift is under the circumstances manifestly excessive.

(d) "Person" includes natural and juridical persons, unless the
context indicates otherwise.


Corrupt practices of public officers (Sec. 3)

(a) Persuading, inducing or influencing another public officer to
perform an act constituting a violation of rules and regulations
duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or 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 any other part, wherein the public officer in
his official capacity has to intervene under the law.

(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, has secured or obtained, or will secure or
obtain, any Government permit or license, in consideration for
the help given or to be given, without prejudice to Section
thirteen of this Act.

(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.

(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
administrative or judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or
other concessions.

(f) Neglecting or refusing, after due demand or request, without

sufficient justification, to act within a reasonable time on any
matter pending before him for the purpose of obtaining, directly
or indirectly, from any person interested in the matter some
pecuniary or material benefit or advantage, or for the purpose of
favoring his own interest or giving undue advantage in favor of
or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or
transaction manifestly and grossly disadvantageous to the same,
whether or not the public officer profited or will profit thereby.
(h) Directly or indirectly having financial or pecuniary interest in
any business, contract or transaction in connection with which
he intervenes or takes part in his official capacity, or in which he
is prohibited by the Constitution or by any law from having any
interest.

(i) Directly or indirectly becoming interested, for personal gain,
or having a material interest in any transaction or act requiring
the approval of a board, panel or group of which he is a member,
and which exercises discretion in such approval, even if he votes
against the same or does not participate in the action of the
board, committee, panel or group. Interest for personal gain
shall be presumed against those public officers responsible for
the approval of manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to which they
belong.

(j) Knowingly approving or granting any license, permit, privilege
or benefit in favor of any person not qualified for or not legally
entitled to such license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not so qualified or
entitled.

(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.
The person giving the gift, present, share, percentage or benefit
referred to in subparagraphs (b) and (c); or offering or giving to
the public officer the employment mentioned in subparagraph
(d); or urging the divulging or untimely release of the
confidential information referred to in subparagraph (k) of this
section shall, together with the offending public officer, be
punished under Section nine of this Act and shall be permanently
or temporarily disqualified in the discretion of the Court, from
transacting business in any form with the Government.

Prohibition on private individuals (Sec. 4)

(a) It shall be unlawful for any person having family or close
personal relation with any public official to capitalize or exploit
or take advantage of such family or close personal relation by
directly or indirectly requesting or receiving any present, gift or
material or pecuniary advantage from any other person having
some business, transaction, application, request or contract with
the government, in which such public official has to intervene.
Family relation shall include the spouse or relatives by
consanguinity or affinity in the third civil degree. The word "close
personal relation" shall include close personal friendship, social

NOTES IN SPECIAL PENAL LAWS

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

(b) It shall be unlawful for any person knowingly to induce or
cause any public official to commit any of the offenses defined in
Section 3 hereof.

Prohibition on certain relatives (Sec. 5)

It shall be unlawful for the spouse or for any relative, by
consanguinity or affinity, within the third civil degree, of the
President of the Philippines, the Vice-President of the
Philippines, the President of the Senate, or the Speaker of the
House of Representatives, to intervene, directly or indirectly, in
any business, transaction, contract or application with the
Government: Provided, That this section shall not apply to any
person who, prior to the assumption of office of any of the
above officials to whom he is related, has been already dealing
with the Government along the same line of business, nor to any
transaction, contract or application already existing or pending
at the time of such assumption of public office, nor to any
application filed by him the approval of which is not
discretionary on the part of the official or officials concerned but
depends upon compliance with requisites provided by law, or
rules or regulations issued pursuant to law, nor to any act
lawfully performed in an official capacity or in the exercise of a
profession.

Prohibition on members of the Congress (Sec. 6)

It shall be unlawful hereafter for any Member of the Congress
during the term for which he has been elected, to acquire or
receive any personal pecuniary interest in any specific business
enterprise which will be directly and particularly favored or
benefited by any law or resolution authored by him previously
approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public
officer who recommended the initiation in Congress of the
enactment or adoption of any law or resolution, and acquires or
receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or
other public officer, who, having such interest prior to the
approval of such law or resolution authored or recommended by
him, continues for thirty days after such approval to retain such
interest.
Filing of Statement of Assets, Liabilities and Networth (Sec. 8,
R.A. 6713)

Every public officer, within thirty days after assuming office; on
or before the 30th day of April of every year thereafter; and
within 30 days after separation from service shall file his/her
SALN and Disclosure of Business Interests and Financial
Connections.

Dismissal due to unexplained wealth (Sec. 8)

If in accordance with the provisions of Republic Act Numbered

One thousand three hundred seventy-nine, a public official has
been found to have acquired during his incumbency, whether in
his name or in the name of other persons, an amount of
property and/or money manifestly out of proportion to his salary
and to his other lawful income, that fact shall be a ground for
dismissal or removal. Properties in the name of the spouse and
unmarried children of such public official may be taken into
consideration, when their acquisition through legitimate means
cannot be satisfactorily shown. Bank deposits in the name of or
manifestly excessive expenditures incurred by the public official,
his spouse or any of their dependents including but not limited
to activity in any club or association or any ostentations display
of wealth including frequent travel abroad of a non-official
character by any public official when such activities entail
expenses evidently out of proportion to legitimate income shall
likewise be taken into consideration in the enforcement of this
section, notwithstanding any provision of law to the contrary.
The circumstances herein above mentioned shall constitute valid
grounds for the administrative suspension of the public official
concerned for an indefinite period until the investigation of the
unexplained wealth is completed.

Penalties for violations (Sec. 9)

(a) Any public officer or private person committing any of the
unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6
of this Act shall be punished with 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.

Any complaining party at whose complaint the criminal
prosecution was initiated shall, in case of conviction of the
accused, be entitled to recover in the criminal action with
priority over the forfeiture in favor of the Government, the
amount of money or the thing he may have given to the accused,
or the value of such thing.

(b) Any public officer violation any of the provisions of Section 7
of this Act shall be punished by a 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.

The violation of said section proven in a proper administrative
proceeding shall be sufficient cause for removal or dismissal of a
public officer, even if no criminal prosecution is instituted
against him.

Prescription of offenses (Sec. 11)

All offenses punishable under this Act shall prescribe in fifteen
(15) years.

Termination of office (Sec. 12)

NOTES IN SPECIAL PENAL LAWS

No public officer shall be allowed to resign or retire pending an
investigation, criminal or administrative, or pending a
prosecution against him, for any offense under this Act or under
the provisions of the Revised Penal Code on bribery.

Suspension and loss of benefits (Sec. 13)

Any public officer against whom any criminal prosecution under
a valid information under this Act or under Title 7, Book II of the
Revised Penal Code or for any offense involving fraud upon
government or public funds or property whether as a simple or
as a complex offense and in whatever stage of execution and
mode of participation, is pending in court, shall be suspended
from office. Should he be convicted by final judgment, he shall
lose all retirement or gratuity benefits under any law, but if he is
acquitted, he shall be entitled to reinstatement and to the
salaries and benefits which he failed to receive during
suspension, unless in the meantime administrative proceedings
have been filed against him.

In the event of such convicted officer, who may have already
been separated from the service, has already received such
benefits, he shall be liable to restitute the same to the
government.

BATAS PAMBANSA BLG. 22 (BOUNCING CHECKS

LAW)

BP Blg. 22 may be violated in 2 ways:

1. By making or drawing and issuing any check to apply
on account or for 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 check in full
upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of
funds or credit or would have been dishonored for the
same reason had not the drawer, without any valid
reason, ordered the bank to stop payment.

2. Having sufficient funds in or credit with the drawee
bank when he makes or draws and issues a check, by
failing to keep sufficient funds or to maintain a credit
to cover the full amount of check if presented within a
period of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the
drawee bank.

st
Elements of the offense under the 1 way (first par., Sec. 1) :

1.

That a person makes or draws and issues any check.

2.

That the check is made or drawn and issued to apply

on account or for value.

3.

That the person who makes or draws and issues the

check knows at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for

the payment of such check in full upon its

presentment.

4.

That the check is subsequently dishonored by the

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

Elements of the offense under the 2nd way (2nd par., Sec. 1):

1. That a person has sufficient funds in or credit with the
drawee bank when he makes or draws and issues a
check.

2. That he fails to keep sufficient funds or to maintain a
credit to cover the full amount of check if presented
within a period of ninety (90) days from the date
appearing thereon.

3. That the check is dishonored by the drawee bank.

Gravamen of BP 22 is the issuance of a worthless
check, not the nonpayment of an obligation ( Lozano v.
Martinez, 146 SCRA 323)

Prima Facie evidence of knowledge of insufficiency of funds or
credit


The making, drawing and issuance of check, payment
of which is refused by the drawee because of insufficient funds
in or credit with such bank, is prima facie evidence of knowledge
of insuffiency of funds or credit, when the check is presented
within 90 days from the date of the check


Exceptions:

1. When the check is presented after 90 days from
the date of the check.

2. When the maker or drawer pays the holder
thereof the amount due thereon, or makes
arrangements for payment in full by the drawee
of such check within five (5) banking days after
receiving notice that such check has not been paid
by the drawee.

Prima facie evidence does not arise where notice of
non-payment is not sent to the maker or drawer of the
check

Conviction or acquittal of estafa does not bar the
prosecution for violation under BP 22, vice versa.

Distinctions between estafa under the Revised Penal Code and
B.P. Blg. 22

In B.P. Blg. 22:
1. Even though the check was issued in payment of pre-
existing obligation, liability is incurred.

NOTES IN SPECIAL PENAL LAWS

2.

Damage or deceit is immaterial to criminal liability.

3.

Crime against public interest since the act is penalized

because of the disastrous effect to the stability of the
banking system and prejudice to the economy.

4.

Only the drawer is liable and if the drawer is a juridical

entity, its officer who signed the check shall be liable.
The indorser is not liable.

5.

Drawer is given five (5) days from notice of dishonor to

make good the cash value thereof in order to avoid
criminal liability.

6. This is a malum prohibitum.

In estafa:
1. The check should be issued concurrently and
reciprocally in payment of the exchange consideration.
The check should not be for a pre-existing obligation.

2. Damage to the offended and deceit of the offender are
essential elements.

3. Crime against property.

4. Not only the drawer but even the indorser may incur
liability if he were aware at the time of the
indorsement of the insufficiency of funds.

5. Drawer is given only three (3) days after notice of
dishonor to make good the cash value to avoid criminal
liability.

6. This is malum in se.

Defenses against B.P. 22:

1. the check was not issued to apply on account or for
value but as a guarantee deposit. (Magno v. CA)

2. The required notice of dishonor had not been given.

3. The check was presented for payment beyond 90 or
180 days from maturity thereof.

4. Valid cause to stop payment such as the right of
installment buyer under the law P.D. 957

5. Complainant was informed by issuer/ maker that the
account had been closed.
-cocoy-

CHILD ABUSE LAW R.A. 7610, as amended by

R.A. 9231

Under RA 7610, children are persons below 18 years of age or
those unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or

discrimination because of their age or mental disability or

condition. It must be noted that the law covers not only a
situation in which a child is abused for profit, but also one in
which a child, through coercion or intimidation, engages in any
lascivious conduct. Hence, the foregoing provision penalizes not
only child prostitution, the essence of which is profit, but also
other forms of sexual abuse of children. (People v. Optana [Feb.
12, 2001]

Elements of child prostitution and other sexual abuse
1. The accused commits the act of sexual intercourse or
lascivious conduct;
2. Said Act is performed with a child expoited in
prostitution or subjected to other sexual abuse; and
3. The child, whether male or female, is or deemed under
18 years of age.

Sec. 3. Definition of Terms

(a) "Children" refers to person below eighteen (18) years of age
or those over 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;

(b) "Child abuse" refers to the maltreatment, whether habitual
or not, of the child which includes any of the following:

(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;

(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a human
being;

(3) Unreasonable deprivation of his basic needs for survival,
such as food and shelter; or

(4) Failure to immediately give medical treatment to an injured
child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.

(c) "Circumstances which gravely threaten or endanger the
survival and normal development of children" include, but are
not limited to, the following;

(1) Being in a community where there is armed conflict or being
affected by armed conflict-related activities;

(2) Working under conditions hazardous to life, safety and
normal which unduly interfere with their normal development;

(3) Living in or fending for themselves in the streets of urban or
rural areas without the care of parents or a guardian or basic
services needed for a good quality of life;

(4) Being a member of a indigenous cultural community and/or
living under conditions of extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life;

NOTES IN SPECIAL PENAL LAWS

(5) Being a victim of a man-made or natural disaster or
calamity; or

(6) Circumstances analogous to those abovestated which
endanger the life, safety or normal development of children.

(d) "Comprehensive program against child abuse, exploitation
and discrimination" refers to the coordinated program of
services and facilities to protected children against:

(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and
normal development of children.

ARTICLE III
CHILD PROSTITUTION AND OTHER SEXUAL ABUSE

Sec. 5. Child 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.

The penalty of reclusion temporal in its medium period to
reclusion perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to, the following:

(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a
child as prostitute;
(4) Threatening or using violence towards a child to engage him
as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary
benefit to a child with intent to engage such child in prostitution.

(b) Those who commit the act of sexual intercourse of
lascivious conduct with a child exploited in prostitution or
subject to other sexual abuse; Provided, That when the victims is
under twelve (12) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 3, for rape and Article
336 of Act No. 3815, as amended, the Revised Penal Code, for
rape or lascivious conduct, as the case may be: Provided, That
the penalty for lascivious conduct when the victim is under
twelve (12) years of age shall reclusion temporal in its medium
period; and

(c) Those who derive profit or advantage therefrom, whether as
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.

Sec. 6. Attempt To Commit Child Prostitution. - There is an
attempt to commit child prostitution under Section 5, paragraph
(a) hereof when any person who, not being a relative of a child,
is found alone with the said child inside the room or cubicle of a
house, an 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.

There is also an attempt to commit child prostitution, under
paragraph (b) of Section 5 hereof when any person is receiving
services from a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments. A penalty lower by
two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of child
prostitution under this Act, or, in the proper case, under the
Revised Penal Code.

ARTICLE IV
CHILD TRAFFICKING

Sec. 7. Child Trafficking. - Any person who shall engage 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, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be
imposed in its maximum period when the victim under twelve
(12) years of age.

Sec. 8. Attempt to Commit Child Trafficking. - There is an
attempt to commit child trafficking under Section 7 of this Act:

(a) When a child travels alone to a foreign country without valid
reason therefor and without clearance issued by the Department
of Social Welfare and Development or written permit or
justification from the child's parents or legal guardian;

(c) When a person, agency, establishment or child-caring
institution recruits women or couples to bear a children for the
purpose of child trafficking; or

(d) When doctor, hospital or clinic official or employee, nurse,
midwife, local civil registrar or any other person simulates birth
for the purpose of child trafficking; or

(e) When a person engages in the act of finding children among
low-income families, hospitals, clinics, nurseries, day-care
centers, or other child-during institutions who can be offered for
the purpose of child trafficking.

A penalty lower two (2) degrees than that prescribed for the
consummated felony under Section 7 hereof shall be imposed
upon the principals of the attempt to commit child trafficking
under this Act.

NOTES IN SPECIAL PENAL LAWS

ARTICLE V
OBSCENE PUBLICATIONS AND INDECENT SHOWS

Sec. 9. Obscene Publications and Indecent Shows. - Any person
who shall hire, employ, use, persuade, induce or coerce a child
to perform in obscene exhibitions and indecent shows, whether
live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials
shall suffer the penalty of prision mayor in its medium Period.
If the child used as a performer, subject or seller/distributor is
below twelve (12) years of age, the penalty shall be imposed in
its maximum period.

Any ascendant, guardian, or person entrusted in any capacity
with the care of a child who shall cause and/or allow such child
to be employed or to participate in an obscene play, scene, act,
movie or show or in any other acts covered by this section shall
suffer the penalty of prision mayor in its medium period.

ARTICLE VI
OTHER ACTS OF ABUSE

Sec. 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child's Development. -

(a) Any person who shall commit any other acts of child abuse,
cruelty or exploitation or to be responsible for other conditions
prejudicial to the child's development including those covered by
Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the
penalty of prision mayor in its minimum period.

(b) Any person who shall keep or have in his company a minor,
twelve (12) years or under or who in ten (10) years or more his
junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places shall suffer
the penalty of prision mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000): Provided, That this
provision shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond
recognized by law, local custom and tradition or acts in the
performance of a social, moral or legal duty.

(c) Any person who shall induce, deliver or offer a minor to any
one prohibited by this Act to keep or have in his company a
minor as provided in the preceding paragraph shall suffer the
penalty of prision mayor in its medium period and a fine of not
less than Forty thousand pesos (P40,000); Provided, however,
That should the perpetrator be an ascendant, stepparent or
guardian of the minor, the penalty to be imposed shall be prision
mayor in its maximum period, a fine of not less than Fifty
thousand pesos (P50,000), and the loss of parental authority
over the minor.

(d) Any person, owner, manager or one entrusted with the
operation of may public or private place of accommodation,
whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him
to such place or places any minor herein described shall be

imposed a penalty of prision mayor in its medium period and a

fine of not less than Fifty thousand pesos (P50,000), and the loss
of the license to operate such a place or establishment.

(e) Any person who shall use, coerce, force or intimidate a
street child or any other child to;

(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing;
or
(3) Conduct any illegal activities, shall suffer the penalty of
prision correccional in its medium period to reclusion perpetua.

For purposes of this Act, the penalty for the commission of acts
punishable under Articles 248, 249, 262, paragraph 2, and 263,
paragraph 1 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of murder, homicide, other intentional
mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of
age. The penalty for the commission of acts punishable under
Article 337, 339, 340 and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, shall
be one (1) degree higher than that imposed by law when the
victim is under twelve (12) years age.

The victim of the acts committed under this section shall be
entrusted to the care of the department of Social Welfare and
Development.

ARTICLE VIII
WORKING CHILDREN

Sec. 12. Employment of Children. - Children below fifteen (15)
years of age may be employed: Provided, That the following
minimum requirements are present:

(a) The employer shall secure for the child a work permit from
the Department of Labor and Employment;
(b) The employer shall ensure the protection, health, safety and
morals of the child;
(c) The employer shall institute measures to prevent
exploitation or discrimination taking into account the system and
level of remuneration, and the duration and arrangement of
working time; and
(d) The employer shall formulate and implement a continuous
program for training and skill acquisition of the child.

The Department of Labor Employment shall promulgate rules
and regulations necessary for the effective implementation of
this section.
-cocoy-

COMPREHENSIVE DANGEOUS DRUGS ACT OF

2002 R.A. 9165

Punishable acts

NOTES IN SPECIAL PENAL LAWS

10

1.

2.

3.
4.

Importation of Dangerous Drugs and/or Controlled

Precursors and Essential Chemicals (SEC. 4) [2006 BAR
EXAMS)

The maximum penalty provided for under

this Section shall be imposed upon any
person, who, unless authorized under this
Act, shall import or bring into the Philippines
any dangerous drug and/or controlled
precursor and essential chemical through the
use of a diplomatic passport, diplomatic
facilities or any other means involving
his/her official status intended to facilitate
the unlawful entry of the same. In addition,
the diplomatic passport shall be confiscated
and canceled.

Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals
(SEC. 5) [1993, 1998 BAR EXAMS]

If the sale, trading, administration,

dispensation, delivery, distribution or
transportation of any dangerous drug and/or
controlled precursor and essential chemical
transpires within one hundred (100) meters
from the school, the maximum penalty shall
be imposed in every case.

For drug pushers who use minors or mentally

incapacitated individuals as runners, couriers
and messengers, or in any other capacity
directly connected to the dangerous drugs
and/or controlled precursors and essential
chemical trade, the maximum penalty shall
be imposed in every case.

If the victim of the offense is a minor or a

mentally incapacitated individual, or should a
dangerous drug and/or a controlled
precursor and essential chemical involved in
any offense herein provided be the
proximate cause of death of a victim thereof,
the maximum penalty provided for under
this Section shall be imposed.

Maintenance of a Den, Dive or Resort (SEC. 6)

5
Employees and Visitors of a Den, Dive or Resort (SEC.
7)

(a) Any employee of a den, dive or resort, who is aware of the nature
of the place as such; or

(b) Any person who, not being included in the provisions of the next
preceding, paragraph, is aware of the nature of the place as such and
shall knowingly visit the same

5.
6.

7.

8.

Manufacture of Dangerous Drugs and/or Controlled

Precursors and Essential Chemicals (SEC. 8)

Illegal Chemical Diversion of Controlled Precursors and
Essential Chemicals (SEC. 9)

Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous
Drugs and/or Controlled Precursors and Essential
Chemicals (SEC. 10)

Possession of Dangerous Drugs (SEC. 11)

The penalty of life imprisonment to death

and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by
law, shall possess any dangerous drug in the
following quantities, regardless of the degree
of purity thereof:

(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine
hydrochloride;
(5) 50 grams or more of methamphetamine
hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or
marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous
drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid
diethylamine
(LSD),
gamma
hydroxyamphetamine (GHB), and those
similarly designed or newly introduced drugs
and their derivatives, without having any
therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements,
as
determined
and
promulgated by the Board in accordance to
Section 93, Article XI of this Act.

OTHERWISE, if the quantity involved is less
than the foregoing quantities, the penalties
shall be graduated as follows:

(1) Life imprisonment and a fine ranging from
Four hundred thousand pesos (P400,000.00)
to Five hundred thousand pesos
(P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu"
is ten (10) grams or more but less than fifty
(50) grams;

(2) Imprisonment of twenty (20) years and
one (1) day to life imprisonment and a fine

NOTES IN SPECIAL PENAL LAWS

11

ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of
dangerous drugs are five (5) grams or more
but less than ten (10) grams of opium,
morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride
or "shabu", or other dangerous drugs such
as, but not limited to, MDMA or "ecstasy",
PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and
their derivatives, without having any
therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements; or three hundred (300) grams
or more but less than five (hundred) 500)
grams of marijuana; and

(3) Imprisonment of twelve (12) years and
one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of
dangerous drugs are less than five (5) grams
of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other
dangerous drugs such as, but not limited to,
MDMA or "ecstasy", PMA, TMA, LSD, GHB,
and those similarly designed or newly
introduced drugs and their derivatives,
without having any therapeutic value or if
the quantity possessed is far beyond
therapeutic requirements; or less than three
hundred (300) grams of marijuana.

Possession of Equipment, Instrument, Apparatus and

Other Paraphernalia for Dangerous Drugs (SEC. 12)

10. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings (SEC. 13)

11. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs During
Parties, Social Gatherings or Meetings (SEC. 14)

12. Use of Dangerous Drugs (SEC. 15)[2005 BAR EXAMS]

This Section shall not be applicable where

the person tested is also found to have in
his/her possession such quantity of any
dangerous drug provided for under Section
11 of this Act, in which case the provisions
stated therein shall apply.

14. Failure to Maintain and Keep Original Records of

Transactions on Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals (SEC. 17)

15. Unnecessary Prescription of Dangerous Drugs (SEC. 18)

16. Unlawful Prescription of Dangerous Drugs (SEC. 19)

17. Attempt or conspiracy to commit the following
unlawful acts: (SEC. 26)
(a) Importation of any dangerous drug and/or
controlled precursor and essential chemical;

(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous drug
and/or controlled precursor and essential chemical;

(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;

(d) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical; and

(e) Cultivation or culture of plants which are sources of
dangerous drugs.

9.

13. Cultivation or Culture of Plants Classified as Dangerous

Drugs or are Sources Thereof (SEC. 16)

A person is not liable for violation of RA. 9165 if he was

merely handed a sachet of drugs, not knowing what
the content of the said sachet was or that the person
handling it to him is a drug user or pusher. There is no
criminal liability since there is no animus possidendi
(intent to possess) [2002 BAR EXAMS]

The absence of marked money is not indispensable in
proving that a person is guilty of drug pushing.
Payment of the consideration is not an element or
requisite of the crime. The perfected contract of sale
of dangerous drugs may be adequately proven through
other evidence. (People v. Ong, 245 SCRA 733) [1996,
2000 BAR EXAMS]

Any person charged under any provision of this Act

regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining
(SEC. 23) [1998, 2004, 2005 BAR EXAMS]

Any person convicted for drug trafficking or pushing
under this Act, regardless of the penalty imposed by
the Court, cannot avail of the privilege granted by the
Probation Law or Presidential Decree No. 968, as
amended (SEC. 24)
Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous
drugs shall be a qualifying aggravating circumstance
in the commission of a crime by an offender, and the
application of the penalty provided for in the Revised
Penal Code shall be applicable (SEC. 25) [2005 BAR
EXAMS]

NOTES IN SPECIAL PENAL LAWS

12

Criminal Liability of a Public Officer or Employee for

Misappropriation, Misapplication or Failure to
Account for the Confiscated, Seized and/or
Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential
Chemicals,
Instruments/Paraphernalia
and/or
Laboratory Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act
Committed. The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual
disqualification from any public office, shall be
imposed upon any public officer or employee who
misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs,
plant sources of dangerous drugs, controlled
precursors
and
essential
chemicals,
instruments/paraphernalia
and/or
laboratory
equipment including the proceeds or properties
obtained from the unlawful acts as provided for in this
Act.

Any elective local or national official found to have
benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have
received any financial or material contributions or
donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed in
this Act, shall be removed from office and perpetually
disqualified from holding any elective or appointive
positions in the government, its divisions, subdivisions,
and intermediaries, including government-owned or
controlled corporations. (SEC. 27) [2006 BAR EXAMS]

The maximum penalties of the unlawful acts provided
for in this Act shall be imposed, in addition to absolute
perpetual disqualification from any public office, if
those found guilty of such unlawful acts are
government officials and employees (SEC. 28)

Any person who is found guilty of "planting" any

dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and purity,
shall suffer the penalty of death (SEC. 29)

Section 33. Immunity from Prosecution and

Punishment. Notwithstanding the provisions of
Section 17, Rule 119 of the Revised Rules of Criminal
Procedure and the provisions of Republic Act No. 6981
or the Witness Protection, Security and Benefit Act of
1991, any person who has violated Sections 7, 11, 12,
14, 15, and 19, Article II of this Act, who voluntarily
gives information about any violation of Sections 4, 5,
6, 8, 10, 13, and 16, Article II of this Act as well as any
violation of the offenses mentioned if committed by a
drug syndicate, or any information leading to the
whereabouts, identities and arrest of all or any of the
members thereof; and who willingly testifies against
such persons as described above, shall be exempted

from prosecution or punishment for the offense with

reference to which his/her information of testimony
were given, and may plead or prove the giving of such
information and testimony in bar of such prosecution:
Provided, That the following conditions concur:

(1) The information and testimony are necessary for
the conviction of the persons described above;

(2) Such information and testimony are not yet in the
possession of the State;

(3) Such information and testimony can be
corroborated on its material points;

(4) the informant or witness has not been previously
convicted of a crime involving moral turpitude, except
when there is no other direct evidence available for
the State other than the information and testimony of
said informant or witness; and

(5) The informant or witness shall strictly and faithfully
comply without delay, any condition or undertaking,
reduced into writing, lawfully imposed by the State as
further consideration for the grant of immunity from
prosecution and punishment.

Provided, further, That this immunity may be enjoyed
by such informant or witness who does not appear to
be most guilty for the offense with reference to which
his/her information or testimony were given: Provided,
finally, That there is no direct evidence available for
the State except for the information and testimony of
the said informant or witness.

Section 37. Issuance of False or Fraudulent Drug Test
Results. Any person authorized, licensed or
accredited under this Act and its implementing rules to
conduct drug examination or test, who issues false or
fraudulent drug test results knowingly, willfully or
through gross negligence, shall suffer the penalty of
imprisonment ranging from six (6) years and one (1)
day to twelve (12) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00).

An additional penalty shall be imposed through the
revocation of the license to practice his/her profession
in case of a practitioner, and the closure of the drug
testing center.

Definition of Terms

1. Drug Syndicate Any organized group of two (2) or more
persons forming or joining together with the intention of
committing any offense prescribed under this Act.

2. Illegal Trafficking The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and

NOTES IN SPECIAL PENAL LAWS

13

possession of any dangerous drug and/or controlled precursor
and essential chemical.

3. Planting of Evidence The willful act by any person of
maliciously and surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or controlled
precursor and essential chemical in the person, house, effects or
in the immediate vicinity of an innocent individual for the
purpose of implicating, incriminating or imputing the
commission of any violation of this Act.

4. Protector/Coddler Any person who knowingly and willfully
consents to the unlawful acts provided for in this Act and uses
his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows,
or has reasonable grounds to believe on or suspects, has violated
the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.

5. Pusher Any person who sells, trades, administers, dispenses,
delivers or gives away to another, on any terms whatsoever, or
distributes, dispatches in transit or transports dangerous drugs
or who acts as a broker in any of such transactions, in violation
of this Act.
-cocoy-

PLUNDER LAW R.A. 7080

Definition of Plunder
A crime committed by a public officer who, by himself or in
connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other
persons, amasses, accumulates or acquires ill-gotten wealth
through a combination or series of overt or criminal acts as
described in Section 1(d) hereof, in the aggregate amount or
total value of at least Fifty million pesos (P50,000,000.00).

Ill-gotten wealth (Sec. 1[d])
"Ill-gotten wealth" means any asset, property, business
enterprise or material possession of any person within the
purview of Section two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents, subordinates
and/or business associates by any combination or series of the
following means or similar schemes:

1. Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public treasury;

2. By receiving, directly or indirectly, any commission, gift,
share, percentage, kickbacks or any/or entity in connection with
any government contract or project or by reason of the office or
position of the public officer concerned;

3. By the illegal or fraudulent conveyance or disposition of
assets belonging to the National government or any of its
subdivisions, agencies or instrumentalities or government-
owned or controlled corporations and their subsidiaries;

4. By obtaining, receiving or accepting directly or indirectly any

shares of stock, equity or any other form of interest or
participation including the promise of future employment in any
business enterprise or undertaking;

5. By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of
decrees and orders intended to benefit particular persons or
special interests; or

6. By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich himself
or themselves at the expense and to the damage and prejudice
of the Filipino people and the Republic of the Philippines.

Combination
Refers to at least two enumerations provided in Sec. 1[d] e.g.,
raids on public treasury (sub-paragraph 1), and fraudulent
conveyance of assets belonging to the National Government
(sub-paragraph 3).

Series
At least two or more overt criminal acts falling under the same
category of enumeration found in Section 1[d] such as
misappropriation, malversation and raids on the public treasury,
all of which fall under Sec. 1[d][1].

Pattern
Consists of at least a combination or series of overt criminal acts
enumerated in subsections 1 to 6 of Section 1[d].
Pattern is not an element of plunder.

Prescription of crime
The crime of plunder shall prescribe in twenty (20) years.
However, the right of the State to recover properties unlawfully
acquired by public officers from them or from their nominees or
transferees shall not be barred by prescription, laches, or
estoppel. (1993 BAR EXAMS)

ANTI_VIOLENCE AGAINST
CHILDREN R.A. 9262

WOMEN

AND

Definition of violence against women and their children

It covers any act or series of acts by any person against his wife,
former wife, or with whom the person he has/had sexual or
dating relationship, or with whom he has a common child, or
against her child, whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering, or economic
abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.

Definition of battery, dating relationship, sexual relations

Battery is the inflicting of physical harm upon the woman or
her child resulting to the physical and psychological or emotional
distress.

NOTES IN SPECIAL PENAL LAWS

14

Dating relationship is a situation wherein unmarried parents
live as husband and wife or are romantically involved over time
and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating
relationship.

Sexual relations refers to a single sexual act which may or may
not result in the bearing of a common child.

Children are those below 18 or older but are incapable of
taking care of themselves as defined under R.A. 7610.

Specific acts of violence penalized under the law

1. Sexual violence which includes:


a) rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim's body, forcing
her/him to watch obscene publications and indecent shows
or forcing the woman or her child to do indecent acts
and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;


b) acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other harm
or coercion;


c) Prostituting the woman or child.

2. Psychological violence or those acts or omissions
causing or likely to cause mental or emotional
suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in
any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

3. Economic abuse" that make or attempt to make a
woman financially dependent which includes:


a. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the
other spouse/partner objects on valid, serious and moral
grounds as defined in Article 73 of the Family Code;


b. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;

c. destroying household property;


d. controlling the victims' own money or properties or
solely controlling the conjugal money or properties.

4. Battering, assault, coercion, harassment or arbitrary
deprivation of liberty, which are committed as follows:


(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 or 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;

NOTES IN SPECIAL PENAL LAWS

15

(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;


(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.

Protective policies under the law
Victim-survivors who are found by the courts to be suffering
from battered woman syndrome do not incur any criminal
and civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense under
the Revised Penal Code.

In order for battered woman syndrome to justify the
killing:
1. Each of the phase of cycle of violence must be proved
to have characterized at least two battering episodes;
2. The final acute battering episode preceding the killing
of batterer must have produced in the battered
persons mind an actual fear of an imminent harm
from batterer and an honest belief that she needed to
use force in order to save her life.
3. At the time of killing, the batterer must have posed
probable- not necessarily immediate and actual
grave harm to the accused based on the history of
violence by the former against the latter. (People v.
Genosa: however this case was decided before the
promulgation of RA 9262)

Venue of criminal action
The Regional Trial Court designated as a Family Court shall
have original and exclusive jurisdiction over cases of
violence against women and their children under this law.
In the absence of such court in the place where the offense
was committed, the case shall be filed in the Regional Trial
Court where the crime or any of its elements was
committed at the option of the complainant.

Who is a battered woman
A battered woman is one 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. Battered women include
wives or women in any form of intimate relationship with
men. To be classified as such, the couple must go through
the battering cycle at least twice. Any woman may find
herself in an abusive relationship with a man once. If it
occurs a second time, and she remains in the situation, she
is defined as a battered woman.

Characteristics of the battered woman syndrome/Cycle
of violence- three phases

1. The tension-building phase
2. Acute battering incident
3. the tranquil, loving (or at least, nonviolent) phase
See People v. Genosa, [Jan. 15, 2004]
-cocoy-

HEINOUS CRIMES R.A. 7659

Definition
Heinous crimes are those that are grievous, odious and hateful
offenses and which, by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity, are repugnant
and outrageous to the common standards and norms of decency
and morality in a just, civilized and orderly society. (1995 BAR
EXAMS)

1. Treason
2. Qualified piracy
3. Qualified Bribery
4. Murder
5. Parricide
6. Infanticide
7. Kidnapping and serious illegal detention
8. Robbery with violence against or intimidation of
persons
9. Destructive Arson
10. Rape
11. Plunder