SPL REVIEWER FINALS |JUDGE P | 2C | UST LAW | MV

CHILD ABUSE LAW (RA 7610)

State Policy to promote the physical, moral, spiritual, intellectual and social well-being of the
youth.

Acts punished and persons liable

a.

Child prostitution and other sexual abuse and attempt thereon

Persons liable:

Those who engage in, facilitate, or promote child prostitution

Those who engage in sexual intercourse or lascivious conduct with the child

Those who derive profit or advantage therefrom

Committed by those who not being a relative, are found alone with a child and those
who are actually receiving services in sauna bath, massage parlors and similar
establishments.

b.

Child trafficking and attempt at child trafficking

It is when a child travels alone to a foreign country without valid reason or clearance or
written permit; women or couples are recruited to bear a children; birth is simulated;
and children from low income families, hospitals, clinics, and the like are recruited for
adoption or sale.

c.
d.
e.

Obscene publications and indecent shows

Other acts of abuse
Discrimination against children of indigenous cultural communities

Parent includes the guardian and the head of the institution or foster home which has
custody of the child.
Violation of the law is malum prohibitum notwithstanding the use of penalties of the
RPC.

Persons protected by the law

Below 18 years of age and those unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or discrimination because of their
physical or mental disability or condition.

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.

How child prostitution and other sexual abuse are committed (elements)

Section 5(a) it essentially punishes acts pertaining go or connected with child

prostitution. The child is abused primarily for profit. The offender does not engage in
sexual relations with the child but merely promotes prostitution or sexual abuse of the
child for profit. (crime of procurer)
a. The accused engages in, promotes, facilitates or induces child prostitution
b. The act is done through, but not limited to, the following means:
Acting as a procurer of a child prostitute
Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means
Taking advantage of influence or relationship to procure a child as prostitute
Giving monetary consideration, goods or other pecuniary benefit to a child with intent
to engage such child in prostitution.
c. The child is exploited or intended to be exploited in prostitution.
d. The child, whether male or female, is below 18 years of age.
Section 5(b) it punishes sexual intercourse or lascivious conduct not only with a child
exploited in prostitution but also with a child subjected to other sexual abuse. It covers
not only a situation where a child is abused for profit but also one in which a child,
through coercion, intimidation or influence, engages in sexual intercourse or lascivious
conduct. (crime of the customer or client)
a.

Accused commits the act of sexual intercourse or lascivious conduct

Act/s committed by the accused.

b.
c.

The act is performed with a child exploited in prostitution or subjected to other

sexual abuse.

State or condition of the offended party

The child, whether male or female, is below 18 years of age.

Minority or age of the offended party

Child subjected to other sexual abuse a child is deemed exploited in prostitution or

subjected to other sexual abuse, when the child indulges in sexual intercourse or lascivious
conduct: a- for money, profit or any other consideration; or b- under the coercion or influence of
any adult, syndicate or group.
Sweetheart Theory
Applies in acts of lasciviousness and rape, felonies committed against or without the
consent of the victim.
It operates on the theory that the act was consensual.
It requires proof that accused and the victim were lovers and that she consented to the
sexual relations.
UNACCEPTABLE DEFENSE

A child exploited in prostitution or subjected to other sexual abuse

cannot validly give consent to sexual intercourse with another person.

Consent is immaterial.
SEXUAL ABUSE
Section 5 (attempt to commit
child
prostitution,
child
trafficking, attempt to commit
child trafficking, and obscene
publications
and
indecent
shows.)
The employment, use,
persuasion,
inducement,
enticement
or
coercion of a child to
engage in, or assist
another
person
to
engage
in,
sexual
intercourse
or
lascivious conduct or
the
molestation,
prostitution or incest
with children.

CHILD ABUSE
Section 10 (acts of child abuse
prejudicial to the childs
development other than child
prostitution and other sexual
abuse.)
-

10 (B) If any person

has in his company a
minor not less than 12
not related to him, or
the age difference
between them in 10
years and over where
no legal bond or
authority binds them,
and they are in a
disco, sauna, massage
parlor and the like.
XPN:
1. Related to him
within the fourth
civil degree.
2. There
is
legal,
moral or social
duty in him over
the child.
3. There
is
legal,
moral or social
duty
to
be
performed by him.

Child Exploitation
any kind of employment which risks the physical, mental or spiritual development of the
child.
Age must be less than 16 RPC; less than 18 (RA 7610)
SEXUAL ABUSE
-

Elements:
a. Accused
commits an act
of
sexual

RAPE
AND
ACTS
OF
LASCIVIOUSNESS
Elements:
a. The offender commits
any act of lasciviousness
or lewdness

Based on Leonor D. Boados Notes & Cases on Special Penal Laws (2015)

SPL REVIEWER FINALS |JUDGE P | 2C | UST LAW | MV

b.

c.

How to
a.
b.
c.
d.
-

intercourse
or
lascivious
conduct
Said
act
is
performed with
a child exploited
in prostitution or
subjected
to
other
sexual
abuse
The
child
is
below 18 years
old.

Force
or
intimidation

Offended party
is deprived of
reason
or
otherwise
unconscious.

Offended party
is
under
12
years of age.
The offended party is
another person of either
sex.

b.

prove the minority of the victim:

Original or certified true copy of the certificate of live birth.
Authentic document
Testimony of the victims mother or relatives concerning the victims age.
Complainants testimony
The prosecution has the burden of proving the age of the offended part. The failure of the
accused to object to the testimonial evidence regarding age shall not be taken against him.
ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA 9775)

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 activity.
Cover not only minors because of age; adults who cannot take care or protect themselves
from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition; but as well as:
a. A person regardless of age who is presented, depicted or portrayed as a child as
defined herein;
b. Computer generated or digitally or manually crafted image or graphics of person
presented or made to appear to be a child.

1.

PUNISHABLE ACTS:
Under section 4 on unlawful or prohibited acts committed by any person:
a. To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of CP.
b. To produce, direct, manufacture or create any form of CP.
c. To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or
import any form of CP.
d. To possess any form of CP with the intent to sell, distribute, publish or broadcast.
e. To knowingly, willfully and intentionally provided a venue for the commission of
prohibited acts.
f. For film distributors, theaters and telecommunication companies, by themselves or in
cooperation with other entities, to distribute any form of CP.
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 CP.
h. To engage in the luring or grooming of a child.
i. To engage in pandering of any form of CP.
j. To willfully access any form of CP.
k. To conspire to commit any of these prohibited acts.
l. To possess any form of CP.

2.

Duty of ISP

Required to notify the PNP or the NBI within 7 days from obtaining the facts and
circumstances that any form of CP is being committed using its service or facility and to
install available software, program or technology to ensure that access to or transmittal of
any form of CP will be blocked or filtered.

3.
a.
b.

Duty of ICH
Not host any form of child pornography on its internet address
Within 7 days, report the presence of any form of CP, as well as the particulars of the
person maintaining, hosting, distributing or in any manner contributing to such internet
address, to the proper authorities.
Preserve such evidence
Furnish the particulars of users.

c.
d.
-

The cybercrimes prevention act provides that the commission through a computer system
of the punishable acts in RA 9775 is qualifying, that is, the penalty to be imposed shall be
one degree higher than that provided for in RA 9775. Moreover, there is no absorption,
hence, two crimes are committed.

Possession of 3 or more articles of CP of the same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast.

A disputable presumption of knowledge by mall owners or operators and owners or lessors

of other business establishments is created, that is, that they should know or reasonably
know that a violation of the law is being committed in their premises.

A conclusive presumption of the knowledge of the mall owners/operators and owners or

lessors of other business establishments of the violation of the law when there is public
display of any form of CP within their premises. Also, the conclusive presumption of willful
and intentional violation on the basis of the failure of the ICH to remove any form of CP
within 48 hours from receiving the notice that any form of CP is hitting its server.
ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208)

Trafficking in Persons
Refers to the recruitment, transportation, transfer or harboring, or receipt of persons with
or without the victims consent or knowledge, within or across national borders by means
of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.

PUNISHABLE ACTS

A. Trafficking acts similar

to acts of the principal
1.

2.

Recruit,
transport,
transfer, harbour, provide
or receive a person by any
means, including those
done under the pretext of
domestic
or
overseas
employment,
training,
apprenticeship.
Introduce or match for
money, profit, or material,
economic
or
other
consideration, any person
or, as provided for under
RA 6955, any Filipino

B.
Acts
promoting
trafficking similar to acts
of an accomplice
1. Knowingly
lease
or
sublease, use or allow to
be used any house,
building
or
establishment.
2. Produce, print and issue
or distribute unissued,
tampered
or
fake
counseling
certificates,
registration stickers and
certificates
of
any
government
agency
which
issues
these
certificates and stickers

C. Qualified Trafficking

Based on Leonor D. Boados Notes & Cases on Special Penal Laws (2015)

1.
2.

The victim is a
child.
Adoption
is
effected
through InterCountry
Adoption Act of
1995
for
prostitution,
pornography,
sexual
exploitation,
forced
labor,
slavery,

SPL REVIEWER FINALS |JUDGE P | 2C | UST LAW | MV

3.
4.

5.
6.
7.

8.

woman
to
a
foreign
national marriage.
Offer or contract marriage,
real or simulated
Undertake
or
organize 3.
tours and travel plans
consisting
of
tourism
packages or activities for
sexual exploitation
Maintain or hire a person
to engage in prostitution
or pornography
Adopt or facilitate the
adoption of persons
Recruit,
hire,
adopt,
transport, or abduct a
person, by means of 4.
threat or use of force,
fraud, deceit, violence,
coercion, or intimidation
for the purpose of removal
or sale of organs of said
person.
Recruit, transport or adopt
a child to engage in armed
activities in the PH or
Abroad.
5.

6.

7.

as proof of compliance
with
government
regulatory
and
predeparture requirements
Advertise,
publish,
printing, broadcast or
distribute, or cause the
advertisement,
publication,
broadcasting, printing, or
distribution
by
any
means, including use of
information
technology
and internet, of any
brochure, flyer, or any
propaganda material
Assist
in
the
misrepresentation
of
fraud to facilitate the
acquisition of clearances
and
necessary
exit
documents
from
government
agencies
mandated to provide predeparture
registration
and
services
for
departing persons.
Facilitate, assist or help
in the exit and entry of
persons
from/to
the
country at international
and
local
airports,
territorial boundaries and
seaports who are in
possession of unissued,
tampered or fraudulent
travel documents.
Confiscate, conceal, or
destroy the passport,
travel
documents,
or
personal documents or
belongings of trafficked
persons or to prevent
them from leaving the
country seeking redress
from the government or
appropriate agencies
Knowingly benefit from,
financial or otherwise, or
make use of, labor or
services of a person held
to
condition
of
involuntary
servitude,
forced labor or slavery.

3.

4.

5.

6.
7.

8.

9.

involuntary
servitude
or
debt bondage.
Committed by
a syndicate, if
carried out by
a
group
of
three or more.
Committed in
large
scale,
against
three
or
more
individually or
as a group.
The offender is
an ascendant,
parent, sibling,
guardian or a
person
who
exercises
authority over
the victim.
The offender is
public officer or
employee.
The victim is
recruited
to
engage
in
prostitution
with
any
member of the
military or law
enforcement
agencies.
The offender is
member
of
military or law
enforcement
agencies
By reason or on
occasion
of
trafficking, the
offended dies,
become
insane, suffers
mutilation or is
inflicted
with
HIV or AIDS.

D. Violation of confidentiality or divulging information that could identify both the

victim and the offender.
E. Use of trafficked persons similar to act of an accessory.
- the offender could not be charged with the fencing for the predicate crime is not theft or robbery.
-

The trafficked persons who commit the acts penalized in this law shall not be liable therefor
as they are considered victims. This is akin to the justifying circumstance of duress or lack
of freedom of action.

ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN (RA 9262)

Violence against women and their children

covers any act or series of acts by any person against his wife, former wife, or one with
whom the person 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.

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

Stalking
the intentional act by one who knowingly and without lawful justification follows a woman
or her child or places them under surveillance directly or indirectly or a combination
thereof.

Dating relationship
a situation wherein unmarried parties live as husband and wife or are romantically involved
over time and on a continuing basis during the course of the relationship.

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

SPECIFIC ACTS OF VIOLENCE

1.
2.
3.
4.
-

Victims who are found suffering BWS by courts shall not incur any criminal and civil liability
despite the absence of any elements for justifying circumstances of self-defense.
Protection order shall be issued to prevent further acts of violence and granting other
necessary relief to be enforced by law enforcement agencies.

Who may file:

1. Offended party
2. Parents or guardians of the offended party
3. Ascendants, descendants collateral relatives within 4 th civil degree of consanguinity
or affinity
4. DSWD
5. Police Officers
6. Bgy. Captains or Kagawad
7. Lawyer, counselor, therapist or healthcare provider of the petitioner
8. At least two concerned responsible citizens of the city/municipality where
committed and who has personal knowledge of the offense committed.

Battered Woman
one who 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.
For a woman 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 the
battering cycle occurs a second time and she remains in the situation, she is considered a
battered woman.

Sexual Violence
Psychological Violence
Economic Abuse
Physical Abuse

Battered Woman Syndrome

Cycle of Violence
1. The tension building phase
minor battering occurs.

Based on Leonor D. Boados Notes & Cases on Special Penal Laws (2015)

SPL REVIEWER FINALS |JUDGE P | 2C | UST LAW | MV

The woman tries to pacify the batterer but this placatory/passive behavior legitimizes her
belief that the man has the right to abuse her.
2. The acute battering incident
The woman at this stage has a sense of detachment from the attack and the terrible pain.
Characterized by brutality, destructiveness and sometimes, death.

3. The tranquil, loving (or at least non violent) phase

The couple experience profound relief. On the one hand, the batterer may show a tender
and nurturing behavior towards his partner.

Mitigating circumstances in favor of the battered woman

A. Psychological paralysis or diminution of freedom of action, intelligence or intent
analogous to illness that diminishes exercise of will power without depriving her of
consciousness of her acts.
B. Passion and obfuscation, of having acted upon an impulse so powerful as to have
naturally produced passion and obfuscation.

ANTI-PHOTO VOYEURISM ACT OF 2009

Photo or video voyeurism

a. The act of taking photo or video coverage of a person or group of persons
performing sexual act or any similar activity or of 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;
b. The act of 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.

Under circumstances in which a person has a reasonable expectation of privacy

means believe that he/she could disrobe in privacy, without being concerned that an image
or a private area of the person was being captured; or circumstances in which a reasonable
person would believe that a private area of the person would not be visible to the public,
regardless of whether that person is in a public or private place.

Acts Punished:

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.
-

If the parties consented to the taking of video or photo but not to selling, the law is
violated.
If the parties consented to the recording and to the copying, selling or publishing of the
recording, this will still be a crime of photo voyeurism.
The publishing or showing of the recorded materials is punishable under the RPC for

indecent shows.
Absorption of crimes is not applicable.

XPN: Peeping toms who do not take photo or video recording but merely stares at a woman.
PLUNDER LAW (RA 7080) AS AMENDED BY 7659

Plunder
the crime of public officer committed by amassing wealth for at least 50M through a series
or combination of overt acts each of which may constitute different offenses.
It does not require that each act be proved distinctly from each other. It is enough that the
acts show a pattern of accumulation.

Nature
malum in se
mens rea is an element of plunder since the degree of responsibility of the offender is
determined by his criminal intent.
Section 2 - Definition of the Crime of Plunder; Penalties - Any public officer who, by himself
or in connivance with members of his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth
through a combination or series of overt or criminal acts as described in Section 1(d) hereof, in the
aggregate amount or total value of at least Seventy-five million pesos (P75,000,000.00), shall be
guilty of the crime of plunder and shall be punished by life imprisonment with perpetual absolute
disqualification from holding any public office. Any person who participated with said public officer
in the commission of plunder shall likewise be punished. In the imposition of penalties, the degree
of participation and the attendance of mitigating and extenuating circumstances shall be
considered by the court. The court shall declare any and all ill-gotten wealth and their interests
and other incomes and assets including the properties and shares of stock derived from the
deposit or investment thereof forfeited in favor of the State.

ELEMENTS:

1.

That the offender is a public officer who acts by himself or in connivance with members of
his family, relatives by affinity or consanguinity, business associates, subordinates or other
persons;
That he amassed, accumulated or acquired ill-gotten wealth through a combination or
series of the following overt or criminal acts as described in Section 1(d) of Republic Act No.
7080; and,
That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or
acquired is at least P50,000,000.00.

2.
3.

ACTS PUNISHABLE:

Section 1(d) defines the different punishable acts of amassing, accumulating or acquiring ill-gotten
wealth as such:
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 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;

Based on Leonor D. Boados Notes & Cases on Special Penal Laws (2015)

SPL REVIEWER FINALS |JUDGE P | 2C | UST LAW | MV

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 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.

Quantum of Proof
What the prosecution needs to prove beyond reasonable doubt is only a number of acts
sufficient to form a combination or series which would constitute a pattern and involving an
amount of at least P50 million.
pattern of overt act or criminal acts indicative of the overall unlawful scheme or
conspiracy inheres in the very act of accumulating, acquiring or amassing hidden wealth.
Section 4. Rule of Evidence - For purposes of establishing the crime of plunder, it shall not be
necessary to prove each and every criminal act done by the accused in furtherance of the scheme
or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish
beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful
scheme or conspiracy.

Jurisdiction: Sandiganbayan (until otherwise provided by law)

PENALTY: Reclusion Perpetua to Death

Any public officer against whom any criminal prosecution under a valid information under
this Act 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 other benefits which he failed to receive during
suspension, unless in the meantime, administrative proceedings have been filed against
him.
ANTI-GRAFT AND CORRUPT PRACTICES

Nature:
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.

Purpose:
repression of certain acts of public officers and private persons constituting graft or corrupt
practices or which may lead thereto.

1.
-

Definitions:
Offense committed in relation to the office
the offense cannot exist without the office; the office must be a constituent element of the
offense.

2.
-

Office
applies to any office which the officer charged may be holding, and not only the particular
office under which he stands accused.

3.
-

Public Officer
includes elective and appointive officials and employees, permanent or temporary, whether
in the classified or unclassified service receiving compensation, even nominal, from the
government.

* Condonation of an officers misconduct committed during his expired term applies only to his
administrative but not to his criminal guilt.

Acts Punishable
Section 3 (a) both the corruptor and the public officer are liable.
1. 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.
2. Allowing himself to be persuaded, induced, or influenced to commit such violation or
offense.

Section 3 (b)
1.

Demanding or requesting

2.

Receiving

3.

Demanding, requesting and receiving any gift, present, share, percentage, or

benefit for oneself or for any other person, in connection with any contract or
transaction between the government and any other party, wherein a public officer
in an official capacity has to intervene under the law.

Elements:
1. The offender is a public officer
2. He requested and/or received a gift, present or consideration.
3. The gift, present or consideration was for his benefit.
4. The gift, present or consideration was requested and/or received in connection with a
contract or transaction with the government.
5. The officer has the right to intervene in such contract or transaction in his official
capacity.

Section 3 (e)
1. By causing any undue injury to any party, including the government.
2. By giving any party any unwarranted benefit, advantage or preference

Elements:
1. The offender is a public officer.
2. The act was done in the discharge of the public officers, administrative or judicial
functions
3. The act was done through manifest partiality, evident bad faith, or gross inexcusable
negligence
4. The public officer caused any undue injury to any party including the Government, or
gave any unwarranted benefits, advantage or preference.

1
0

Based on Leonor D. Boados Notes & Cases on Special Penal Laws (2015)

SPL REVIEWER FINALS |JUDGE P | 2C | UST LAW | MV

1
1

Section 3 (f)

The law requires that the accuseds dereliction must be without justification and must be
for the purpose of:
a. Obtaining, directly or indirectly, from any person interested in the matter some
pecuniary or material benefit or advantage in favor of an interested party.
b. Discriminating against another interested party.

Elements:
1. The offender is a public officer.
2. The said officer neglected or refused to act without sufficient justification after due
demand or request has been made on him.
3. Reasonable time has elapsed from such demand or request without the public officer
having acted on the matter pending before him.
4. Obtaining, directly or indirectly, from any person interested in the matter some
pecuniary or material benefit or advantage in favor of an interested party,
or
discriminating against another interested party.

Section 3 (g)

Elements:
1. Public officer
2. He entered into a contract or transaction in behalf of the government
3. Such contract or transaction is grossly and manifestly disadvantageous to the
government

Section 3 (h)

Violated by any public officer who has direct or indirect financial or pecuniary interest in
any business, contract or transaction:
1. In connection with which he intervenes or takes part in his official capacity.
2. In which he is prohibited by the Constitution from having any interest.
3. In which he is prohibited by any law from which any interest.

Suspension of Public Officer

it is mandatory after the validity of the information has been upheld in a pre-suspension
hearing to determine basically the validity of the information, from which the court can
have a basis to:
a. suspend the accused and proceed with the trial on the merits of the case.

b. Withhold the suspension of the latter and dismiss the case.

c. Correct any part of the proceeding which impairs its validity.
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it is an miniterial duty of the court to issue an order of suspension upon determination of

the validity of the information filed before it.

It is not a penalty because it is not imposed as a result of judicial proceedings. In fact, if

acquitted, the official concerned shall be entitled to reinstatement.

Covers ALL public officials.

Pre- suspension hearing must be conducted first to determine the validity of the
information. It grant the accused adequate opportunity to challenge the validity or
regularity of the proceeding against him.

Prescriptive period: 15 years

ANTI-DRUNK AND DRUGGED DRIVING ACT OF 2013

Punishable acts:

1.

DUI of alcohol refers to the act of operating a motor vehicle while the drivers blood
alcohol concentration level has, after being subjected to a breath analyzer test, reached
the level of intoxication.
DUI of dangerous drugs and other similar substances defined as the act of operating a
motor vehicle while the driver, after being subjected to a confirmatory test as mandated, is
found to be positive for use of any dangerous drug.
Refusal to subject oneself to mandatory tests committed by a driver of a motor vehicle who
refuses to undergo the mandatory field sobriety and drug tests.

2.
3.

GR: The owner and/or operator of the vehicle driven by the offender shall be directly and principally
held liable together with the offender for the fine and the award against the offender for civil
damages.
XPN: He is able to convincingly prove that he has exercised extraordinary diligence in the selection
and supervision of his drivers in general and the offending driver in particular.
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If the violation resulted in homicide or physical injuries, the higher penalty between RA
10586 and the RPC shall be imposed. However, the law expressly provides that any
violation thereof shall be without prejudice to criminal prosecution for violation of the RPC,
and other special laws or existing local ordinances, whenever applicable.

The law deals with violations by driver of motor vehicles. It has no provision for prohibition
for drivers to allow passengers who are under the influence of intoxicating substances.
ILLEGAL GAMBLING

Forms of gambling which are prohibited:

a. Illegal numbers game uses numbers or their combinations.
b. Jueteng combination of 37 numbers versus 37 numbers from 1 to 37 (38 in other
places) and its variants.
c. Masiao winning combination is derived from Jai-alai results.
d. Last Two combination is derived from the last two digits of sweeptakes.

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Persons Liable:
A. Bettor
B. Personnel or staff of operator
C. Person who allows his vehicle, house, building, land

Based on Leonor D. Boados Notes & Cases on Special Penal Laws (2015)

SPL REVIEWER FINALS |JUDGE P | 2C | UST LAW | MV

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D. Collector or agent
E. Coordinator, controller or supervisor
F. Maintainer, manager, or operator
G. Financier or capitalist
H. Protector of coddler

Recidivism qualifying circumstance; offender in item (D) and (E) is a public officer who
knows but fails to abate or take action against or tolerates the gambling in his jurisdiction.
Prima Facie presumption of the violation of the said law arises from possession of gambling
paraphernalia or materials used therefor.
Immunity is granted to the witnesses.