SPL Finals Reviewer

REPUBLIC ACT NO.
10353: AN ACT legitimate targets as combatants that it could

DEFINING AND PENALIZING ENFORCED OR deal with, through the use of means allowed by
INVOLUNTARY DISAPPEARANCE domestic and international law.
Enforced or involuntary disappearance-  An Order of Battle causing the commission

refers to the arrest, detention, abduction or any of enforced or involuntary disappearance
other form of deprivation of liberty committed by is unlawful and cannot be invoked as a
agents of the State or by persons or groups of
justifying or exempting circumstance. Any
persons acting with the authorization, support or
acquiescence of the State, followed by a refusal person receiving such an order shall have
to acknowledge the deprivation of liberty or by the right to disobey it.
concealment of the fate or whereabouts of the
disappeared person, which places such person Liability of Commanding Officer or Superior.
outside the protection of the law. The following if - The immediate commanding officer of the unit
violated shall be punishable by a crime of Arresto concerned of the AFP or the immediate senior
Mayor: official of the PNP and other law enforcement
agencies shall be held liable as a principal under
 The right against enforced or involuntary the following acts:
disappearance and the fundamental
safeguards for its prevention shall not be 1. Led, assisted, abetted or allowed, whether
suspended under any circumstance
directly or indirectly, the commission
including political instability, threat of war,
state of war or other public emergencies thereof by his or her subordinates.
 Any person, not being a principal, 2. If such commanding officer
accomplice or accessoryduty to Report a. known or should have known that an
Victims of Enforced or Involuntary enforced or involuntary disappearance
Disappearance toany office, detachment is being committed, or has been
or division of the (DILG), the Department committed by subordinates or by
of National Defense (DND), (PNP), (AFP),
others within the officer’s area of
(NBI), the City or Provincial Prosecutor,
the Commission on Human Rights (CHR) responsibility and,
or any human rights organization and, if b. Despite such knowledge, did not take
known, the victim’s family, relative, or preventive or coercive action either
lawyer. The said offices also have a Duty before, during or immediately after its
to Certify in Writing on Reported commission,
Disappeared Person’s Whereabouts upon c. He or she has the authority to prevent
inquiry.
or investigate allegations of enforced
 If an Inquest/Investigating Public
Prosecutor or any Judicial or Quasi-Judicial or involuntary disappearance but failed
Official or Employee learns that the person to prevent or investigate such
under inquest is one who suffers from this allegations, whether deliberately or
act he has the duty to immediately due to negligence,
disclose the victim’s whereabouts to his or
her immediate family, relatives, lawyer/s
Penal Provisions– The penalty of reclusion
or to a human rights organization by the
perpetua and its accessory penalties shall be
most expedient means.
imposed upon the following persons:
 There must be and official Up-to-Date
Register of All Persons Detained or
Confined. 1. Those who directly committed the act of
enforced or involuntary disappearance;
2. Those who directly forced, instigated,
Order of Battle-refers to a document made by
encouraged or induced others to commit
the military, police or any law enforcement
the act of enforced or involuntary
agency of the government, listing the names of
disappearance;
persons and organizations that it perceives to be
enemies of the State and which it considers as
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec Page 1
3. Those who cooperated in the act of REPUBLIC ACT NO. 9851: PHILIPPINE ACT
enforced or involuntary disappearance by ON CRIMES AGAINST INTERNATIONAL
committing another act without which the HUMANITARIAN LAW, GENOCIDE, AND
act of enforced or involuntary OTHER CRIMES AGAINST HUMANITY
disappearance would not have been
consummated; Definitions:
4. Those officials who allowed the act or
abetted in the consummation of enforced Apartheid- means inhumane acts committed in
or involuntary disappearance when it is the context of an institutionalized regime of
within their power to stop or uncover the systematic oppression and domination by one
commission thereof; and racial group or groups and committed with the
5. Those who cooperated in the execution of intention of maintaining that regime
the act of enforced or involuntary
disappearance by previous or
Armed conflict- means any use of force or
simultaneous acts.
armed violence between States or a protracted
Other notable provisions of this act: armed violence between governmental
authorities and organized armed groups or
 Independent Liability- can be between such groups within that State: Provided,
prosecuted for other similar special laws That such force or armed violence gives rise, or
 Exemption from Prosecution- persons may give rise, to a situation to which the Geneva
who volunteer information regarding this Conventions of 12 August 1949, including their
act shall be exempted form prosecution common Article 3, apply. Armed conflict may be
PROVIDED that they are not most guilty
international, that is, between two (2) or more
 Continuing offense
States, including belligerent occupation; or non-
- Crime continuous until victim surfaces international, that is, between governmental
alive. If he does not appear alive then authorities and organized armed groups or
there is no prescription. between such groups within a state. It does not
- Prescription shall be for 25 years if he cover internal disturbances or tensions such as
does appear alive riots, isolated and sporadic acts of violence or
other acts of a similar nature
 Persons who are changed with and/or
guilty under this act shall not benefit
Hors de Combat- means a person who:(1) is in
from any special amnesty law or other
the power of an adverse party;(2) has clearly
similar executive measures that shall
expressed an intention to surrender; or(3) has
exempt them from any penal proceedings
been rendered unconscious or otherwise
or sanctions.
incapacitated by wounds or sickness and
 No Frustrated Stage
therefore is incapable of defending himself:
 Applicability of Refouler.–No person
Provided, that in any of these cases, the person
shall be expelled, returned or extradited
form any hostile act and does not attempt to
to another State where there are
escape.
substantial grounds to believe that such
person shall be in danger of being
subjected to enforced or involuntary War crimes [Section 4]- are serious violations
disappearance. of IHL or the laws and customs applicable in
 Compensation- R.A. 7309- 10k per year armed conflicts. These conflicts include armed
of confinement. hostilities between government military and
police forces, on one hand, and rebel groups, on
the other hand, as well as those between rebel
groups.
Three categories of War Crimes:

a) In case of an international armed conflict were committing or about to commit
(i.e. between or among states), grave such crimes;
breaches of the four Geneva Conventions b.) That superior failed to take all
of 12 August 1949, listing nine (9) acts necessary and reasonable measures
committed against protected persons or within his/her power to prevent or
property, as defined. repress their commission or to submit
b) In case of a non-international armed the matter to the competent
conflict, serious violations of common authorities for investigation and
Article 3 of the same Geneva Conventions, prosecution.
listing four (4) acts committed against
persons taking no active part in hostilities.  Non-Prescription-The crimes defined
c) Other serious violations of the laws and and penalized under this Act NOT subject
customs applicable in armed conflict, to Prescription.
within the established framework of  Orders from a Superior. - The fact that
international law (but may be said to be a crime defined and penalized under this
applicable to both international and non- Act has been committed by a person
international armed conflicts, unless pursuant to an order of a government or a
otherwise specified), listing twenty-five superior, whether military or civilian, shall
(25) acts, inc. two (2) specific to not relieve that person of criminal
international armed conflict. responsibility unless all of the following
elements occur:
Genocide- means inciting or doing any act
intended to destroy, in whole or in part, a a. The person was under a legal
national, ethnic, racial, religious, social or any obligation to obey orders of the
other similar stable and permanent group. government or the superior in
question;
Principles of Criminal Liability b. The person did not know that the
order was unlawful; and
 Applicability to all individual c. The order was not manifestly unlawful.
perpetrators- whether state agents or
non-state actors (unlike the Anti-Torture  Provides for Protection and
Act which is limited to state-agent Reparation of Victims
perpetrators).
 Irrelevance of Official Capacity- Act
shall apply equally to all persons without
any distinction based on official
capacity.HOWEVER subject to (a)
Immunities or special procedural rules
that may be attached to the official
capacity; and (b) Immunities that may be
attached to the official capacity of a
person under international law may limit
the application of this Act, nut only within
the bounds established under international
law.
 Responsibility of Superiors- a superior
shall be criminally responsible as a
principal for such crimes committed by
subordinates where:
a.) That superior either knew or, owing to

the circumstances at the time, should
have known that the subordinates

assist an injured person can be
made to assist> duty only is to
R.A. 7610 SPECIAL PROTECTION OF report to nearest precint
CHILDREN AGAINST ABUSE, EXPLOITATION
AND DISCRIMINATION ACT. Child Prostitution- Children, whether male or
female, who for money, profit or any
Children-are those: consideration or due to the coercion or influence
of any adult, syndicate or group, indulge in
a.) Below 18 years of age
sexual intercourse or lascivious conduct are
b.) Above 18 years of age who does not have
deemed to be children exploited in prostitution
the capacity to fully protect themselves
and other sexual abuse.
against any abuse, cruelty, or
maltreatment because of their physical
Child Prostitution Aggravated:(NOTE: Same
and mental disability
penalty for Accomplice and Accessories>
RT)
Child Abuse- refers to maltreatment, whether
habitual or not, of the child which includes any of
 The penalty of reclusion temporal in its
the following: medium period to reclusion perpetua shall
be imposed upon the following:
 Physical or psychological abuse, neglect,
cruelty, sexual abuse and emotional a. Those who engage in or promote,
maltreatment. facilitate or induce child prostitution which
 Any act by deed or words which debase, include, but are not limited to, the
degrades or demean the intrinsic worth following:
and dignity of a child as a human being.
1. Acting as a procurer of a child
Bongalon v. People of the Philippines, prostitute;
2. Inducing a person to be a client of
G.R. No. 169533, March 20, 2013, where
a child prostitute by means of
it was ruled that “[n]ot every instance of written or oral advertisements or
the laying of hands on a child constitutes other similar means;
the crime of child abuse under Section 10 3. Taking advantage of influence or
(a) of RA 7610. Only when the laying of relationship to procure a child as
hands is shown beyond reasonable doubt prostitute;
4. Threatening or using violence
to be intended by the accused to debase,
towards a child to engage him as a
degrade or demean the intrinsic worth and prostitute; or
dignity of the child as a human being 5. Giving monetary consideration
should it be punished as child abuse. goods or other pecuniary benefit to
Otherwise, it is punished under the RPC. a child with intent to engage such
child in prostitution.
 Unreasonable deprivation of his basic
needs for survival such as food and b. Effect if victim is under 12 years old-
Those who commit the act of sexual
shelter, or
intercourse of lascivious conduct with a
 Failure to immediately give medical child exploited in prostitution or subject to
treatment to an injured child resulting in other sexual abuse; Provided, That:
serious impairment of his growth and
development or his permanent incapacity - When the victims is under twelve
or death. (12) years of age, the perpetrators
- Subject to MMDA Circular that only shall be prosecuted under Article
those who are knowledgeable to 335, paragraph 3, for rape and Article
336 of Act No. 3815, as amended, the

Revised Penal Code, for rape or justification from the child's parents or
lascivious conduct, as the case may legal guardian;
be: Provided, b. When the pregnant mother executes
- That the penalty for lascivious an affidavit of consent for adoption for
conduct when the victim is under consideration
twelve (12) years of age shall be c. When a person, agency, establishment
reclusion temporal in its medium or child-caring institution recruits
period; and women or couples to bear children for
the purpose of child trafficking; or
c. Those who derive profit or advantage d. When a doctor, hospital or clinic
therefrom, whether as manager or owner official or employee, nurse, midwife,
of the establishment where the local civil registrar or any other person
prostitution takes place, or of the sauna, simulates birth for the purpose of child
disco, bar, resort, place of entertainment trafficking; or
or establishment serving as a cover or e. When a person engages in the act of
which engages in prostitution in addition finding children among low-income
to the activity for which the license has families, hospitals, clinics, nurseries,
been issued to said establishment. day-care centers, or other child-during
institutions who can be offered for the
 Attempt to Commit Child Prostitution purpose of child trafficking.
1. Any person who, not being a relative Ammendment by R.A. 7658 to Sec 12
of a child, is found alone with the said
child inside the room or cubicle of a "Sec. 12. Employment of Children. — Children
house, an inn, hotel, motel, pension below fifteen (15) years of age shall not be
house, apartelle or other similar employed except:
establishments, vessel, vehicle or any
other hidden or secluded area under 1. When a child works directly under the
circumstances which would lead a sole responsibility of his parents or legal
reasonable person to believe that the child guardian and where only members of the
is about to be exploited in prostitution and employer's family are employed:
other sexual abuse. Provided, however, That his employment
2. Any person is receiving services from neither endangers his life, safety, health
a child in a sauna parlor or bath, and morals, nor impairs his normal
massage clinic, health club and other development; Provided, further, That the
similar establishments. parent or legal guardian shall provide the
said minor child with the prescribed
Child Trafficking- Any person who shall engage primary and/or secondary education; or
in trading and dealing with children including, but 2. Where a child's employment or
not limited to, the act of buying and selling of a participation in public entertainment or
child for money, or for any other consideration, information through cinema, theater,
or barter. radio or television is essential: Provided,
The employment contract is concluded by
 Aggravated: If the victim is under 12 the child's parents or legal guardian, with
years of Age. the express agreement of the child
 Attempt to Commit Child Trafficking. concerned, if possible, and the approval of
– There is an attempt to commit child the Department of Labor and
trafficking under Section 7 of this Act: Employment: and Provided, That the
following requirements in all instances are
strictly complied with:
a. When a child travels alone to a foreign
country without valid reason therefor
and without clearance issued by the The employer shall first secure, before engaging
Department of Social Welfare and such child, a work permit from the Department of
Development or written permit or Labor and Employment which shall ensure

observance of the above requirements.
The Department of Labor and Employment shall
promulgate rules and regulations necessary for R.A. 9775 ANTI-CHILD PORNOGRAPHY ACT
the effective implementation of this Section." OF 2009
Ammendments by R.A. 9231 Child pornography- refers to any

representation, whether visual, audio, or written
Sec. 2-A. Hours of Work of a Working Child. - combination thereof, by electronic, mechanical,
Under the exceptions provided in Section 12 of digital, optical, magnetic or any other means, of
this Act, as amended: child engaged or involved in real or simulated
explicit sexual activities.
1. A child below fifteen (15) years of
age- may be allowed to work for not more Explicit Sexual Activity- includes actual or
than twenty (20) hours a week: Provided, simulated -
That the work shall not be more than four
(4) hours at any given day; (1) As to form:
2. A child fifteen (15) years of age- but
below eighteen (18) shall not be allowed (i) sexual intercourse or lascivious act
to work for more than eight (8) hours a including, but not limited to, contact
day, and in no case beyond forty (40) involving genital to genital, oral to genital,
hours a week; anal to genital, or oral to anal, whether
3. No child below fifteen (15) years of between persons of the same or opposite
age shall be allowed to work between sex;
eight o'clock in the evening and six o'clock
in the morning of the following day and no
(2) bestiality;
child fifteen (15) years of age but below
eighteen (18) shall be allowed to work
between ten o'clock in the evening and six (3) masturbation;
o'clock in the morning of the following
day." (4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals,

buttocks, breasts, pubic area and/or anus;
or
(6) use of any object or instrument for

lascivious acts
Grooming- refers to the act of preparing a child

or someone who the offender believes to be a
child for sexual activity or sexual relationship by
communicating any form of child pornography. It
includes online enticement or enticement through
any other means.
Luring- refers to the act of communicating, by

means of a computer system, with a child or
someone who the offender believes to be a child
for the purpose of facilitating the commission of
sexual activity or production of any form of child
pornography.(2) Bestiality;
Pandering- refers to the act of offering,

advertising, promoting, representing or

distributing through any means any material or form of child pornography on its internet
purported material that is intended to cause address of ICH.
another to believe that the material or purported 2. Preserve such evidence for purpose of
material contains any form of child pornography, investigation and prosecution by relevant
regardless of the actual content of the material or authorities.
purported material. 3. Upon the request of proper authorities,
furnish the particulars of users who gained
Unlawful Prohibited Act; Number of Copies or attempted to gain access to an internet
needed- (d) To possess any form of child address which contains any form of child
pornography with the intent to sell, distribute, pornography.
publish, or broadcast: Provided. That possession
of three (3) or more articles of child pornography Authority to Regulate Internet Café or
of the same form shall be prima facie evidence of Kiosk. - LGU of the city or municipality where an
the intent to sell, distribute, publish or broadcast; internet café or kiosk is located shall have the
authority to monitor and regulate the
Syndicated Child Pornography - The crime of establishment and operation of the
child pornography is deemed committed by a establishments in order to prevent violation of
syndicate if carried out by a group of three (3) the provisions of this Act.
or more persons conspiring or confederating
with one another. – NO need for purposes of Confidentiality. - The right to privacy of the
gain.Penalty of reclusion perpetua and a fine of child shall be ensured at any stage of the
not less than Two million pesos investigation, prosecution and trial of an offense
(Php2,000,000.00) but not more than Five million under this Act.
pesos (Php5,000,000.00);
“xxx (d) Any form of child pornography
Who May File a Complaint. - Complaints on that is part of the court records shall be
cases of any form of child pornography and other subject to a protective order that
offenses punishable under this Act may be filed provides as follows:
by the following:(a) Offended party;(b) Parents
or guardians;(c) Ascendant or collateral relative (1) Any form of child pornography
within the third degree of consanguinity;(d) may be viewed only by the parties,
Officer, social worker or representative of a their counsel, their expert witness
licensed child-caring institution;(e) Officer or and guardian ad litem;
social worker of the Department of Social Welfare
and Development (DSWD);(f) Local social welfare (2) Neither form of child
development officer;(g) Barangay chairman;(h) pornography nor any portion
Any law enforcement officer;(i) At least three (3) thereof shall be divulged to any
concerned responsible citizens residing in the other person, except as necessary
place where the violation occurred; or(j) Any for investigation, prosecution or
person who has personal knowledge of the trial; and
circumstances of the commission of any offense
under this Act.
(3) No person shall be granted
access to any form of child
Jurisdiction over cases for the violation of this pornography or any part thereof
Act shall be vested in the Family Court. unless he/she signs a written
affirmation that he/she has
Duties of an Internet Service Provider (ISP) received and read a copy of the
AND Internet content Host (ICH) protection order; that he/she
submits to the jurisdiction of the
1. Notify the PNP or the NBI within seven (7) court with respect to the protective
days from obtaining facts and order; and that, in case of violation
circumstances that any form of child thereof, he/she will be subject to
pornography is being committed using its the contempt power of the court;
server or facility for ISP and Not host any and”

(e) In cases when prosecution or trial is
conducted behind closed doors, it shall be
unlawful for any editor, publisher and REPUBLIC ACT NO. 9208 ANTI-
reporter or columnist in case of printed TRAFFICKING IN PERSONS ACT OF 2003
materials, announcer or producer in case
of television and radio, producer and Trafficking in Persons - refers to the
director of a film in case of the movie recruitment, transportation, transfer or
industry, or any person utilizing the tri- harboring, or receipt of persons with or without
media facilities or information technology the victim's consent or knowledge, within or
to publish or broadcast the names of across national borders by means of threat or use
the victims of any case of child of force, or other forms of coercion, abduction,
pornography. 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,
forced labor or services, slavery, servitude or the
removal or sale of organs.
The recruitment, transportation, transfer,

harboring or receipt of a child for the purpose of
exploitation shall also be considered as
"trafficking in persons" even if it does not involve
any of the means set forth in the preceding
paragraph.
Qualified Trafficking in Persons. - The

following are considered as qualified
trafficking:shall suffer the penalty of life
imprisonment and a fine of not less than Two
million pesos (P2,000,000.00) but not more than
Five million pesos (P5,000,000.00);
a. When the trafficked person is a child;

b. When the adoption is effected through
Republic Act No. 8043, otherwise known
as the "Inter-Country Adoption Act of
1995" and said adoption is for the purpose
of prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
c. Syndicated-When the crime is
committed by a syndicate, or in large
scale. Trafficking is deemed
committed by a syndicate if carried
out by a group of three (3) or more
persons conspiring or confederating
with one another. Large scale- It is
deemed committed in large scale if
committed against three (3) or more
persons, individually or as a group;

d. When the offender is an Spouse (R.A R.A. 10364 Expanded Anti-Trafficking in
10364)ascendant, parent, sibling, Persons Act of 2012- Included the criminal
guardian or a person who exercises liability of accomplices and accessories. An
authority over the trafficked person or additional attempted stage was included.
when the offense is committed by a public
officer or employee;  Attempted Stage - In cases where the
e. When the trafficked person is recruited to victim is a child, any of the following acts
engage in prostitution with any member of shall also be deemed as attempted
the military or law enforcement agencies; trafficking in persons:
f. When the offender is a member of the
military or law enforcement agencies; and (a) Facilitating the travel of a child who
g. When by reason or on occasion of the act travels alone to a foreign country or
of trafficking in persons, the offended territory without valid reason therefor and
party dies, becomes insane, suffers without the required clearance or permit
mutilation or is afflicted with Human from the Department of Social Welfare
Immunodeficiency Virus (HIV) or the and Development, or a written permit or
Acquired Immune Deficiency Syndrome justification from the child’s parent or
(AIDS). legal guardian;
 Additional grounds under R.A. 10364 (b) Executing, for a consideration, an

affidavit of consent or a written consent
h. When the offender commits one or more for adoption;
violations of Section 4 over a period of
sixty (60) or more days, whether those (c) Recruiting a woman to bear a child for
days are continuous or not; and the purpose of selling the child;
i. When the offender directs or through
another manages the trafficking victim in
(d) Simulating a birth for the purpose of
carrying out the exploitative purpose of
selling the child; and
trafficking."
(e) Soliciting a child and acquiring the
Prosecution of Cases. - Any person who has
custody thereof through any means from
personal knowledge of the commission of any
among hospitals, clinics, nurseries,
offense under this Act, the trafficked person, the
daycare centers, refugee or evacuation
parents, spouse, siblings, children or legal
centers, and low-income families, for the
guardian may file a complaint for trafficking.
purpose of selling the child
Prescriptive Period. - Trafficking cases under

this Act shall prescribe in ten (10) years:
Provided, however,
That trafficking cases committed by a syndicate

or in a large scale as defined under Section 6
shall prescribe in twenty (20) years.
The prescriptive period shall commence to run

from the day on which the trafficked person is
delivered or released from the conditions of
bondage and shall be interrupted by the filing of
the complaint or information and shall commence
to run again when such proceedings terminate
without the accused being convicted or acquitted
or are unjustifiably stopped for any reason not
imputable to the accused.

Psychological violence- refers to acts or
omissions causing or likely to cause mental
REPUBLIC ACT NO. 9262 ANTI-VIOLENCE oremotional suffering of the victim such as but
AGAINST WOMEN AND THEIR CHILDREN not limited to intimidation, harassment, stalking,
ACT OF 2004 damage to property, public ridicule or
humiliation, repeated verbal abuse and mental
Refers to any act or a series of acts committed by infidelity. It includes causing or allowing the
any person against a woman who is his wife, victim to witness the physical, sexual or
former wife, or against a woman with whom the psychological abuse of a member of the family to
person has or had a sexual or dating relationship, which the victim belongs, or to witness
or with whom he has a common child, or against pornography in any form or to witness abusive
her child whether legitimate or illegitimate, within injury to pets or to unlawful or unwanted
or without the family abode, which result in or is deprivation of the right to custody and/or
likely to result in physical, sexual, psychological visitation of common children.
harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, Economic abuse- refers to acts that make or
harassment or arbitrary deprivation of liberty. attempt to make a woman financially dependent
which includes, but is not limited to the following:
Acts consisting of Violence Against Women
and Children 1. Withdrawal of financial support or
preventing the victim from engaging in
1. Physical Violence any legitimate profession, occupation,
2. Sexual Violence business or activity, except in cases
3. Psychological Violence wherein the other spouse/partner objects
4. Economic Abuse on valid, serious and moral grounds as
defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of
Physical Violence- refers to acts that include
financial resources and the right to the
bodily or physical harm;
use and enjoyment of the conjugal,
community or property owned in
Sexual Violence- refers to an act which is common;
sexual in nature, committed against a woman or 3. Destroying household property;
her child. It includes, but is not limited to: 4. Controlling the victims' own money or
properties or solely controlling the
a. rape, sexual harassment, acts of conjugal money or properties.
lasciviousness, treating a woman or her
child as a sex object, making demeaning Acts of Violence against Women and their
and sexually suggestive remarks, Children
physically attacking the sexual parts of
the victim's body, forcing her/him to
(a) Causing physical harm to the woman or her
watch obscene publications and indecent
child;
shows or forcing the woman or her child
to do indecent acts and/or make films
thereof, forcing the wife and (b) Threatening to cause the woman or her child
mistress/lover to live in the conjugal home physical harm;
or sleep together in the same room with
the abuser; (c) Attempting to cause the woman or her child
b. acts causing or attempting to cause the physical harm;
victim to engage in any sexual activity by
force, threat of force, physical or other (d) Placing the woman or her child in fear of
harm or threat of physical or other harm imminent physical harm;
or coercion;
c. Prostituting the woman or child. (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 (3) Entering or remaining in the dwelling or on
her child has the right to engage in, or the property of the woman or her child against
attempting to restrict or restricting the woman's her/his will;
or her child's freedom of movement or conduct
by force or threat of force, physical or other harm (4) Destroying the property and personal
or threat of physical or other harm, or belongings or inflicting harm to animals or pets of
intimidation directed against the woman or child. the woman or her child; and
This shall include, but not limited to, the
following acts committed with the purpose or (5) Engaging in any form of harassment or
effect of controlling or restricting the woman's or violence;
her child's movement or conduct:
(i) Causing mental or emotional anguish, public
(1) Threatening to deprive or actually depriving ridicule or humiliation to the woman or her child,
the woman or her child of custody to her/his including, but not limited to, repeated verbal and
family; emotional abuse, and denial of financial support
or custody of minor children of access to the
(2) Depriving or threatening to deprive the woman's child/children.
woman or her children of financial support legally
due her or her family, or deliberately providing Dating relationship-refers to a situation
the woman's children insufficient financial wherein the parties lie as husband and wife
support; without the benefit of marriage or are
romantically involved over time and on a
(3) Depriving or threatening to deprive the continuing basis during the course of the
woman or her child of a legal right; relationship. A casual acquaintance or ordinary
socialization between two individuals in a
(4) Preventing the woman in engaging in any business or social context is not a dating
legitimate profession, occupation, business or relationship
activity or controlling the victim's own mon4ey or
properties, or solely controlling the conjugal or  VAWC is a Public Offense- It can be
common money, or properties; filed by anyone.
 Prescription –
(f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of controlling her a. Physical Abuse- After 20 years
actions or decisions; from last occurrence
b. Psychological, Sexual and
(g) Causing or attempting to cause the woman or Economic- 10 years
her child to engage in any sexual activity which
does not constitute rape, by force or threat of  Prohibited Defense- The fact that the
force, physical harm, or through intimidation offender is under the influence of
directed against the woman or her child or alchohol, any illicit drug, or any other
her/his immediate family; mind-altering substance cannot be
used as defense in VAWC therefore;
(h) Engaging in purposeful, knowing, or reckless alcoholism and drug addiction cannot be a
conduct, personally or through another, that defense in VAWC
alarms or causes substantial emotional or
psychological distress to the woman or her child. Battered Woman Syndrome
This shall include, but not be limited to, the
following acts: It refers to a scientifically defined pattern of
psychological and behavioral symptoms found in
(1) Stalking or following the woman or her child women living in battering relationships as a result
in public or private places; of cumulative abuse.
(2) Peering in the window or lingering outside the

residence of the woman or her child;

 Effect: Exemption from Criminal AND Civil and hearing. It shall be permanent until revoked.
Liability No Prescription to hear grounds. In case the
 Burden proof is with the woman respondent fails to appear despite proper notice,
the court shall allow ex parte presentation of the
No Barangay Conciliation Procedure evidence by the applicant and render judgment
necessary- A Punong Barangay, Barangay on the basis of the evidence presented.
Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in
any way unduly influence he applicant for a
protection order to compromise or abandon any
of the reliefs sought in the application for
protection under this Act. Section 7 of the Family
Courts Act of 1997 and Sections 410, 411, 412
and 413 of the Local Government Code of 1991
shall not apply in proceedings where relief is
sought under this Act.
 Failure to comply with this Section shall

render the official or judge
administratively liable.
Protection Orders- A protection order is an

order issued under this act for the purpose of
preventing further acts of violence against a
woman or her child specified in Section 5 of this
Act and granting other necessary relief.
Barangay Protection Orders (BPOs) refer to

the protection order issued by the Punong
Barangay ordering the perpetrator to desist from
committing acts under Section 5 (a) and (b) of
this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection
order to the applicant on the date of filing after
ex parte determination of the basis of application.
Immediately after the issuance of an ex parte

BPO, the Punong Barangay or Barangay Kagawad
shall personally serve a copy of the same on the
respondent, or direct any barangay official to
effect is personal service.The parties may be
accompanied by a non-lawyer advocate in any
proceeding before the Punong Barangay.
Temporary Protection Orders (TPOs) refers

to the protection order issued by the court on the
date of filing of the application after ex parte
determination that such order should be issued.
It shall be effective for thirty (30) days. There
shall be notice and hearing to determine whether
a PPO should be issued.
Permanent Protection Order (PPO) refers to

protection order issued by the court after notice

R.A. No. 10175 it be used for the purpose of
CYBERCRIME PREVENTION ACT OF 2012 committing any of the offenses
under this Act.
Q. What are the offenses punished under the law? (ii) The possession of an item
How are they classified? referred to in paragraphs
(a) Offenses against the confidentiality, integrity 5(i)(aa) or (bb) above with intent
and availability of computer data and to use said devices for the
systems: purpose of committing any of
(1) Illegal Access. – The access to the the offenses under this section.
whole or any part of a computer system (6) Cyber-squatting. – The acquisition of a
without right. domain name over the internet in bad
(2) Illegal Interception. – The interception faith to profit, mislead, destroy
made by technical means without right reputation, and deprive others from
of any non-public transmission of registering the same, if such a domain
computer data to, from, or within a name is:
computer system including (i) Similar, identical, or confusingly
electromagnetic emissions from a similar to an existing trademark
computer system carrying such registered with the appropriate
computer data. government agency at the time
(3) Data Interference. — The intentional or of the domain name registration:
reckless alteration, damaging, deletion (ii) Identical or in any way similar
or deterioration of computer data, with the name of a person other
electronic document, or electronic data than the registrant, in case of a
message, without right, including the personal name; and
introduction or transmission of viruses. (iii) Acquired without right or with
(4) System Interference. — The intentional intellectual property interests in
alteration or reckless hindering or it.
interference with the functioning of a (b) Computer-related Offenses:
computer or computer network by (1) Computer-related Forgery. —
inputting, transmitting, damaging, (i) The input, alteration, or deletion
deleting, deteriorating, altering or of any computer data without
suppressing computer data or program, right resulting in inauthentic data
electronic document, or electronic data with the intent that it be
message, without right or authority, considered or acted upon for
including the introduction or legal purposes as if it were
transmission of viruses. authentic, regardless whether or
(5) Misuse of Devices. not the data is directly readable
(i) The use, production, sale, and intelligible; or
procurement, importation, (ii) The act of knowingly using
distribution, or otherwise making computer data which is the
available, without right, of: product of computer-related
(aa) A device, including a forgery as defined herein, for the
computer program, designed or purpose of perpetuating a
adapted primarily for the fraudulent or dishonest design.
purpose of committing any of (2) Computer-related Fraud. — The
the offenses under this Act; or unauthorized input, alteration, or
(bb) A computer password, deletion of computer data or program or
access code, or similar data by interference in the functioning of a
which the whole or any part of a computer system, causing damage
computer system is capable of thereby with fraudulent intent: Provided,
being accessed with intent that That if no damage has yet been caused,

the penalty imposable shall be one (1) (bb) The commercial electronic
degree lower. communication does not
(3) Computer-related Identity Theft. – purposely disguise the source of
The intentional acquisition, use, misuse, the electronic message; and
transfer, possession, alteration or (cc) The commercial electronic
deletion of identifying information communication does not
belonging to another, whether natural or purposely include misleading
juridical, without right: Provided, That if information in any part of the
no damage has yet been caused, the message in order to induce the
penalty imposable shall be one (1) recipients to read the message.
degree lower. (4) Libel. — The unlawful or prohibited acts
(c) Content-related Offenses: of libel as defined in Article 355 of the
(1) Cybersex. — The willful engagement, Revised Penal Code, as amended,
maintenance, control, or operation, committed through a computer system
directly or indirectly, of any lascivious or any other similar means which may
exhibition of sexual organs or sexual be devised in the future.
activity, with the aid of a computer (d) Other Offenses. — The following acts shall also
system, for favor or consideration. constitute an offense:
(2) Child Pornography. — The unlawful or (1) Aiding or Abetting in the Commission
prohibited acts defined and punishable of Cybercrime. – Any person who
by Republic Act No. 9775 or the Anti- willfully abets or aids in the commission
Child Pornography Act of 2009, of any of the offenses enumerated in
committed through a computer system: this Act shall be held liable.
Provided, That the penalty to be (2) Attempt in the Commission of
imposed shall be (1) one degree higher Cybercrime. — Any person who willfully
than that provided for in Republic Act attempts to commit any of the offenses
No. 9775. enumerated in this Act shall be held
(3) Unsolicited Commercial liable.
Communications. — The transmission
of commercial electronic communication Q. Relationship with the RPC.
with the use of computer system which  Crimes defined and penalized under the RPC
seek to advertise, sell, or offer for sale and special laws, if committed by, through, and
products and services are prohibited with the use of information and communications
unless: technologies shall be covered by the relevant
(i) There is prior affirmative consent provisions of this law.
from the recipient; or o This means that the commission of any
(ii) The primary intent of the crime by means of information and
communication is for service communications technologies shall be a
and/or administrative qualifying circumstance (Boado, 2015).
announcements from the sender  Penalty imposed: One degree higher than that
to its existing users, subscribers provided in the RPC or the special law.
or customers; or
(iii) The following conditions are Q. If a crime can be punished under either the
present: Cybercrime Law or the RPC, will prosecution under
(aa) The commercial electronic one constitute a bar against prosecution under the
communication contains a other statute?
simple, valid, and reliable way  NO. In addition to being a qualifying
for the recipient to reject. receipt circumstance (Sec. 6), the violation of the
of further commercial electronic cybercrime law shall be a separate offense
messages (opt-out) from the pursuant to Sec. 7 of the law, which provides
same source;

that prosecution under the Cybercrime Law shall expression but is nonetheless entitled to
be without prejudice to any liability for violation protection. The State cannot rob him of this
of any provision of the RPC or special laws. right without violating the constitutionally
 In other words, in such cases, two crimes are guaranteed freedom of expression.
committed: (1) under the Cybercrime Law, and Unsolicited advertisements are legitimate
(2) under all other penal laws. There shall be no forms of expression.
absorption of crimes. (2) Section 12, which allows the real time collection
of traffic data by the law enforcement agencies,
Q. What is the rule with regard to corporate liability? after a determination of “due cause”, was
MANNER OF COMMISSION PENALTY OF declared unconstitutional.
JURIDICAL  The Court found the phrase “with due
PERSON cause” to be vague and akin to the use of a
KNOWINGLY COMMITTED on  Fined an general warrant that the Constitution
behalf of/for the benefit of a equivalent to at
prohibits. Likewise, the Court noted that the
juridical person by a natural least double the
person acting either individually fines imposable authority that Section 12 gives law
or as part of an organ of the under the law enforcement agencies is too sweeping and
juridical person, who has a  Maximum: lacks restraint. While it says that traffic data
leading position within based on PhP10 Million collection should not disclose identities or
either: content data, such restraint is but an illusion.
(1) Power of representation This will unnecessarily expose the citizenry
of the juridical person,
provided the act to leaked information or, worse, to extortion
committed falls within the from certain bad elements in these
scope of such territory; agencies.
(2) An authority to take (3) Section 19, which allows the DOJ to restrict or
decisions on behalf of block access to computer data, upon a prima
the juridical person, facie determination that it is in violation of the
provided that the act
provisions of the law, was declared
committed falls within the
scope of such authority; unconstitutional.
or  The provision allows the government to, in
(3) An authority to exercise effect, seize and place the computer data
control within the juridical under its control and disposition without a
person. warrant, contrary to the mandate of the
Crime made possible due to  Fined an Constitution. The Department of Justice
LACK OF CONTROL OR equivalent to at
order cannot substitute for judicial search
SUPERVISION by a natural least double the
person referred to and described fines imposable warrant.
above, for the benefit of that under the law
juridical person by a natural  Maximum: PhP5
person acting under its authority Million
Q. In Disini, et al. v. Secretary of Justice, which

provisions of the law were struck down as
unconstitutional?
(1) Section 4(c)(3), which penalizes the posting of
unsolicited commercial communications (aka,
“spam”), was declared unconstitutional.
 The Court reasoned that such provision of
the law unduly limits commercial speech.
Commercial speech is a separate category
of speech which is not accorded the same
level of protection as that given to other
constitutionally guaranteed forms of
b. the granting of honors and scholarships,
R.A. No. 7877 or
SEXUAL HARRASSMENT LAW c. the payment of a stipend, allowance or
other benefits, privileges, or
Q. What are the elements of the crime of sexual consideration; or
harassment? (4) When the sexual advances result in an
(1) Authority, influence, or moral ascendancy – intimidating, hostile or offensive environment for
the employer, employee, manager, supervisor, the student, trainee or apprentice.
agent of the employer, teacher, instructor,
professor, coach, trainer, or any other person Q. Who are the offenders that may be punished
has authority, influence, or moral ascendancy under this law?
over another; (1) Any person who directly commits any act of
(2) Existing in a work environment – the sexual harassment;
authority, influence, or moral ascendancy exists (2) Any person who directs or induces another to
in a working environment; and commit any act of sexual harassment; or
(3) Demand, request, or requirement of sexual (3) Any person who cooperates in the commission
favor – the employer, employee, manager, thereof without which it would not have been
supervisor, agent of the employer, teacher, committed.
instructor, professor, coach, trainer, or any other
person makes a demand, request, or Q. What are the duties of the employer or head of
requirement of a sexual favor. office under the law?
(1) Promulgate rules - Promulgate appropriate
Q. In a work-related or employment environment, rules and regulations in consultation with and
when is the crime committed? jointly approved by the employees or students
(1) The sexual favor is made: or trainees, through their duly designated
a. As a condition in the hiring or in the representatives, prescribing the procedure for
employment, re-employment or continued the investigation of sexual harassment cases
employment of said individual; and the administrative sanctions therefor. The
b. In granting said individual favorable said rules and regulations issued shall include,
compensation, terms of conditions, among others, guidelines on proper decorum in
promotions, or privileges; or the workplace and educational or training
c. The refusal to grant the sexual favor institutions.
results in limiting, segregating or (2) Creation of a committee - Create a committee
classifying the employee which in any way on decorum and investigation of cases on
would discriminate, deprive or diminish sexual harassment. The committee shall
employment opportunities or otherwise conduct meetings, as the case may be, with
adversely affect said employee; officers and employees, teachers, instructors,
(2) The above acts would impair the employee's professors, coaches, trainers, and students or
rights or privileges under existing labor laws; trainees to increase understanding and prevent
(3) The above acts would result in an intimidating, incidents of sexual harassment. It shall also
hostile, or offensive environment for the employee. conduct the investigation of alleged cases
constituting sexual harassment.
Q. In an education or training environment, when is o Composition of the committee:
the crime committed? i. Work-related environment - the
(1) Against one who is under the care, custody or committee shall be composed of
supervision of the offender; at least one (1) representative
(2) Against one whose education, training, each from the management, the
apprenticeship or tutorship is entrusted to the union, if any, the employees
offender; from the supervisory rank, and
(3) When the sexual favor is made a condition: from the rank and file
a. to the giving of a passing grade, employees.

ii. Educational or training she considers as sexual favors, discriminated
institution - the committee shall against her and resulted in an intimidating,
be composed of at least one (1) hostile, or offensive environment. In fact, she
representative from the was able to continue her work in the office with
administration, the trainers, the usual normalcy (Aquino v. Acosta, A. M.
instructors, professors or CTA-01-1, April 2, 2002).
coaches and students or
trainees, as the case may be.
(3) Disseminate information - The employer or
head of office, educational or training institution
shall disseminate or post a copy of this Act for
the information of all concerned.
Q. What is the liability of the employer under the

law?
 He shall be solidarily liable for damages
arising from acts of sexual harassment
committed in the employment, education or
training environment if:
(1) The employer or head of office,
educational or training institution is
informed of such acts by the
offended party; and
(2) No immediate action is taken.
Q. What is the prescriptive period of the crime?

 Any action arising from the violation of the
provisions of this Act shall prescribe in three
years.
Q. Upon returning from her vacation, A, the head of

the legal staff of the Court of Tax Appeals, gave her
co-workers gifts, including Judge B. On the same
day, Judge B entered A's office and greeted her by
shaking her hand, and then suddenly pulling her
towards him and kissing her on the cheek. Weeks
later, Judge B once again entered A's office, pulled
her in an embrace and kissed her cheek. Similar
instances transpired over the following weeks. A
filed a complaint for sexual harassment against
Judge B. Will the case prosper?
- NO. A mere casual buss on the cheek is not a
sexual conduct or favor and does not fall within
the purview of sexual harassment under RA.
7877 for there is no showing that Judge B, the
respondent, demanded, requested, or required
any sexual favor from A, the complainant, in
exchange for “favorable compensation, terms,
conditions, promotions, or privileges” specified
under Section 3 of the law. Neither did A
establish that the busses on her cheek, which
sexual act, whether it be the original copy or
R.A. No. 9995 reproduction thereof; or
ANTI-PHOTO AND VOYUERISM ACT OF 2009 (4) To publish or broadcast, or cause to be
published or broadcast, whether in print or
Q. What is meant by photo or video voyeurism under broadcast media, or show or exhibit the photo or
the law? video coverage or recordings of such sexual act
(1) The act of taking photo or video coverage of a or any similar activity through VCD/DVD,
person or group of persons performing sexual internet, cellular phones and other similar means
act or any similar activity or of capturing an or device.
image of the private area of a person or
persons without the latter's consent, under Q. What will be the effect if the victim freely gave
circumstances in which such person/s has/have their consent to be recorded or photographed?
a reasonable expectation of privacy; or  For the last three acts punished, the victim’s
(2) The act of selling, copying, reproducing, consent will not have any effect. The
broadcasting, sharing, showing or exhibiting the prohibition shall apply notwithstanding that
photo or video coverage or recordings of such consent to record or take photo or video
sexual act or similar activity through VCD/DVD, coverage of the same was given by the
internet, cellular phones and similar means or person.
device without the written consent of the
person/s involved, notwithstanding that consent Q. What is the penalties does the law impose?
to record or take photo or video coverage of (1) Imprisonment of 3-7 years and a fine of
same was given by such person's. PhP100,000 – PhP500,000 at the discretion of
the court
Q. What is meant by under circumstances in which a (2) Juridical person
person has a reasonable expectation of privacy? a. Its license or franchise shall be
(1) The subject believes that he/she could disrobe automatically be deemed revoked
in privacy, without being concerned that an b. Persons liable: the officers thereof,
image or a private area of the person was being including the editor and reporter in the
captured; or case of print media, and the station
(2) Those circumstances in which a reasonable manager, editor and broadcaster in the
person would believe that a private area of the case of a broadcast media.
person would not be visible to the public, (3) Public officer or employee, or a professional
regardless of whether that person is in a public - he/she shall be administratively liable.
or private place. (4) Alien - he/she shall be subject to deportation
proceedings after serving his/her sentence and
Q. What are the acts punished under the law? payment of fines.
(1) To take photo or video coverage of a person or
group of persons performing sexual act or any Q. What are the other crimes that the offender may
similar activity or to capture an image of the be liable for?
private area of a person/s such as the naked or (1) Art. 201(2)(b), RPC - The publishing or
undergarment clad genitals, public area, showing of the recorded materials may also be
buttocks or female breast without the consent of punished under the RPC for indecent shows.
the person/s involved and under circumstances (2) R.A. 9262 – If the non-consenting partner is a
in which the person/s has/have a reasonable woman. (Boado, 2015)
expectation of privacy;
(2) To copy or reproduce, or to cause to be copied Q. Are there any exceptions provided by the law?
or reproduced, such photo or video or recording  YES. Nothing contained in this Act shall
of sexual act or any similar activity with or render it unlawful or punishable for any
without consideration; peace officer, who is authorized by a written
(3) To sell or distribute, or cause to be sold or order of the court, to use the record or any
distributed, such photo or video or recording of copy thereof as evidence in any civil,
criminal investigation or trial of the crime of
photo or video voyeurism. R.A. No. 8042, as amended by R.A. 10022
 Requisites (for the written order): MIGRANT WORKERS AND OVERSEAS FILIPINO
(1) Such written order shall only be ACT of 1995
issued or granted upon written
application and the examination Q. Define the following terms.
under oath or affirmation of the (1) Recruitment and placement – any act of
applicant and the witnesses he/she canvassing, contracting, transporting, utilizing,
may produce; and hiring, or procuring workers, and includes
(2) Upon showing that there are referrals, contract services, promising, or
reasonable grounds to believe that: advertising for employment, locally or abroad,
a. Photo or video voyeurism whether for profit or not.
has been committed or is  Any person or entity which, in any
about to be committed; and manner, offers or promises for a fee
b. That the evidence to be employment to two or more persons
obtained is essential to the shall be considered engaged in
conviction of any person for, recruitment and placement.
or to the solution or (2) Referral – The act of passing along or
prevention of such crime. forwarding after an initial interview of a selected
applicant for employment to a selected
employer, placement officer, or bureau.
(3) License – Issued by DOLE, which authorizes a
person or entity to operate a private employment
agency
(4) Authority – Entitles a person or association to
engage in a recruitment agency
(5) Illegal recruitment – Any act of recruitment and
placement when undertaken by a non-licensee
or a non-holder of authority, or the commission
of any of the prohibited acts enumerated under
the law, even if done by a licensed or authorized
recruitment agency
a. IR by a syndicate – Carried out by a
group of three or more persons
conspiring or confederating with one
another
b. IR in a large scale – Committed against
three or more persons individually or as
a group.
Q. What are the types of illegal recruitment?

(1) Simple IR – Illegal recruitment committed
by/against one or two persons
(2) IR resulting in economic sabotage
a. IR by a syndicate – carried out by a
group of three or more persons in
conspiracy or in confederation with one
another
b. Large scale IR – committed against
three or more persons individually or as
a group.
e. To influence or to attempt to influence
Q. What are the two kinds of illegal recruiters? any person or entity not to employ any
(1) Non-licensee or non-holder of authority – IR worker who has not applied for
is committed when the recruiter: employment through his agency;
a. Performs any of the acts defined by the f. To engage in the recruitment or
law as recruitment and placement; or placement of workers in jobs harmful to
b. Any of the prohibited acts. public health or morality or to the dignity
(2) Licensee or holder of authority – the recruiter of the Republic of the Philippines;
(1) possesses a license or authority to recruit, g. To obstruct or attempt to obstruct
but (2) he commits any of the prohibited acts. inspection by the Secretary of Labor or
by his duly authorized representatives;
Q. What are the elements of illegal recruitment? h. To fail to file reports on the status of
(1) By a non-licensee/non-holder of authority employment, placement vacancies,
a. Offender is a non-licensee/non-holder remittance of foreign exchange
of authority; and earnings, separation from jobs,
b. The offender undertakes: departures and such other matters or
i. Any act of recruitment and information as may be required by the
placement; or Secretary of Labor.
ii. Any of the prohibited acts. i. To substitute or alter employment
(2) By a licensee/holder of authority contracts approved and verified by the
a. Offender is a licensee/holder of Department of Labor from the time of
authority; and actual signing thereof by the parties up
b. Offender commits any of the prohibited to and including the periods of expiration
acts. of the same without the approval of the
Secretary of Labor;
Q. What are the prohibited acts that, if done, would j. To become an officer or member of the
constitute illegal recruitment? Board of any corporation engaged in
(1) Art. 34, Labor Code travel agency or to be engaged directly
a. To charge or accept, directly or or indirectly in the management of a
indirectly, any amount greater than that travel agency; and
specified in the schedule of allowable k. To withhold or deny travel documents
fees prescribed by the Secretary of from applicant workers before departure
Labor, or to make a worker pay any for monetary or financial considerations
amount greater than that actually other than those authorized under this
received by him as a loan or advance; Code and its implementing rules and
b. To furnish or publish any false notice or regulations.
information or document in relation to (2) Sec. 6, R.A. No. 8042
recruitment or employment; a. Failure to actually deploy a contracted
c. To give any false notice, testimony, worker without valid reason as
information or document or commit any determined by the Department of Labor
act of misrepresentation for the purpose and Employment;
of securing a license or authority under b. Failure to reimburse expenses incurred
this Code. by the worker in connection with his
d. To induce or attempt to induce a worker documentation and processing for
already employed to quit his purposes of deployment, in cases where
employment in order to offer him to the deployment does not actually take
another; place without the worker's fault. Illegal
o XPN: If it is designed to liberate recruitment when committed by a
him from oppressive terms and syndicate or in large scale shall be
conditions of employment considered an offense involving
economic sabotage; and

c. To allow a non-Filipino citizen to head or insurance related charges, as provided
manage a licensed recruitment/manning under the compulsory worker's
agency. insurance coverage.
d. Grant a loan to an overseas Filipino
worker with interest exceeding eight Q. Distinguish illegal recruitment from estafa.
percent (8%) per annum, which will be ILLEGAL RECRUITMENT ESTAFA (Art. 315(2)(c))
used for payment of legal and allowable Punished under the Labor Punished under the RPC
placement fees and make the migrant Code
worker issue, either personally or Malum prohibitum, thus, Malum in se, thus, criminal
criminal liability is not intent is necessary.
through a guarantor or accommodation
necessary.
party, postdated checks in relation to the It is enough that the It is essential that the false
said loan; victims relied on the statement or fraudulent
e. Impose a compulsory and exclusive misrepresentation and misrepresentation
arrangement whereby an overseas scheme, which caused constitutes the very cause
Filipino worker is required to avail of a them to entrust their or only motive that induces
loan only from specifically designated money in exchange of the complaint to part with
what they later discovered the thing of value
institutions, entities or persons;
was a vain hope.
f. Refuse to condone or renegotiate a loan Both cases may be filed simultaneously. The filing of one
incurred by an overseas Filipino worker does not bar the filing of the other. Double jeopardy will
after the latter's employment contract not set in.
has been prematurely terminated
through no fault of his or her own; Q. What is the Distinct Impression Rule?
g. Impose a compulsory and exclusive  Under this rule, one incurs criminal liability if the
arrangement whereby an overseas actions of the accused leaves the distinct
Filipino worker is required to undergo impression that he has the authority, ability,
health examinations only from capacity to procure employment for him abroad,
specifically designated medical clinics, for which reason the victim is induced to part
institutions, entities or persons, except with his/her money.
in the case of a seafarer whose medical  Without such impression or representation, the
examination cost is shouldered by the victim would not have pared with his/her money.
principal/shipowner;
h. Impose a compulsory and exclusive Q. Who are the offenders in illegal recruitment?
arrangement whereby an overseas  The law holds liable the principals, accomplices,
Filipino worker is required to undergo and accessories.
training, seminar, instruction or
schooling of any kind only from Q. When does the crime of illegal recruitment
specifically designated institutions, prescribe?
entities or persons, except fpr (1) Simple IR – 5 years
recommendatory trainings mandated by (2) IR involving economic sabotage – 20 years
principals/shipowners where the latter
shoulder the cost of such trainings; Q. What are considered as aggravating
i. For a suspended recruitment/manning circumstances in the crime of IR?
agency to engage in any kind of (1) If the person illegally recruited is less than 18
recruitment activity including the years old; or
processing of pending workers' (2) If committed by a non-licensee or non-holder of
applications; and authority.
j. For a recruitment/manning agency or a
foreign principal/employer to pass on Q. When may the corporation be held liable for the
the overseas Filipino worker or deduct act of its employee or agent?
from his or her salary the payment of the
cost of insurance fees, premium or other

(1) The employee or agent committed the offense
while acting within the scope of his employment; R.A. No. 9165, as amended by R.A. No. 10640
and COMPREHENSIVE DANGEROUS DRUGS ACT OF
(2) The offense was committed with at least some 2002
benefit to the employer (People v. Chowdury,
G.R. Nos. 129577-80, February 15, 2000) Q. What are the two classifications of drugs under
the law?
(1) Dangerous drugs - those listed in the
Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by
the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the
attached annex which is an integral part of this
Act.
(2) Controlled precursors and essential
chemicals (CPEC) - those listed in Tables I and
II of the 1988 UN Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached
annex, which is an integral part of this Act.
Q. What are the acts punished under the law?

(1) Importation of dangerous drugs and/or CPEC;
(2) Sale, trading, administration, dispensation,
delivery, distribution, and transportation of
dangerous drugs and/or CPEC;
(3) Maintenance of a dangerous drug den, dive, or
resort;
(4) Being employees or visitors of a dangerous
drug den, dive, or resort;
(5) Manufacture of dangerous drugs and/or CPEC;
(6) Illegal chemical diversion of CPEC;
(7) Manufacture and delivery of equipments,
instruments, apparatus, and other
paraphernalia for dangerous drugs and/or
CPEC;
(8) Possession of dangerous drugs;
(9) Possession of equipment, instrument,
apparatus, and other paraphernalia for
dangerous drugs;
(10) Possession of dangerous drugs during parties,
social gatherings, or meetings;
(11) Possession of equipment, instruments,
apparatus, and other paraphernalia for
dangerous drugs during parties, social
gatherings, or meetings;
(12) Use of dangerous drugs;
(13) Cultivation of plants classified as dangerous
drugs or are the source thereof;

(14) Failure to maintain and keep original records of (1) The identity of the buyer and the seller, which
transactions on dangerous drugs and/or must be clearly identified;
CPEC; (2) The object and the consideration; and
(15) Unnecessary prescription of dangerous drugs; (3) The delivery of the thing sold from the seller to
and the buyer.
(16) Unlawful prescription of dangerous drugs.
Q. Is it necessary that the marked money be
Q. Aside from those who commit the acts punished, transferred to establish an illegal sale?
who may be the offenders under the law?  NO, it is not necessary that the marked money
(1) Financiers – any person who pays for, raises, be transferred. As long as the police officer
or supplies money for, or underwrites any of the went through the motion as a buyer and his
illegal activities under the law. offer was accepted, and the marijuana delivered
(2) Protector/Coddler – any person who knowingly to the police officer, the crime is consummated
and willfully consents to the unlawful practices by the delivery of the goods (People v. Utoh
provided by the law and uses his influence, Lakibul, G.R. No. 94337, January 27, 1993).
power, or position in shielding, harboring,
screening, and facilitation the escape of any Q. What is the crime committed if the dangerous
person he knows, or has reasonable grounds to drugs were not delivered?
believe or suspect, has violated the provisions of  If the dangerous drug is not delivered, the third
the law in order to prevent the arrest, element is lacking. Therefore, there is only an
prosecution, and conviction of the violator. attempted illegal sale of dangerous drugs.
Q. Who are the persons who may be liable for Q. What is meant by delivery?
importation of dangerous drugs and/or CPECs?  It is the act of knowingly passing a dangerous
 Any person, who, unless authorized by law, shall drug to another, personally or otherwise, and by
import or bring into the Philippines any any means, with or without consideration.
dangerous drug, regardless of the quantity and  NOTE: If there is no evidence to show this
purity involved, including any and all species of knowledge, the accused will be acquitted. Want
opium poppy or any part thereof or substances of knowledge is a valid defense (People v.
derived therefrom even for floral, decorative and Jumao-as, G.R. No. 101334, February 14,
culinary purposes. 1994).
 The Supreme Court held that, to be liable for
importation, it is necessary that the dangerous Q. Who are the persons liable for crimes related to
drugs were taken in a vessel that came from a drug dens, dives, or resorts?
foreign country, with the said dangerous drugs (1) Any person who maintains a den, dive, or resort
aboard that vessel. Therefore, it is necessary for the use of illegal drugs;
that the prosecution prove that the vessel that (2) Employees who are aware of the nature of the
came into the Philippine ports had with it the said den; and
illegal drugs. Otherwise, he can only be liable for (3) Visitors who knowingly visit the same despite
illegal possession of dangerous drugs (People v. knowledge of the nature of the place.
Chi Chan Liu, G.R. No. 189272, January 21,
2015). Q. What are the requisites for a property to be
escheated in favor of the government?
Q. How is sale of dangerous drugs defined? (1) The information must allege that the place is
 It is the act of giving away of any dangerous intentionally being used in the furtherance of
drug and/or CPECs, whether for money or for illegal sale/use of dangerous drugs;
any other consideration. (2) Such intent must be proven by the prosecutor;
and
Q. What are the elements of sale of dangerous (3) The owner of the said house must be included
drugs? as an accused in the information or complaint.

 Section 26 of the law only disqualifies persons
Q. What is the presumption with regard to convicted of pushing illegal drugs and drug
manufacture of dangerous drugs and/or CPECs? trafficking from availing of the benefits of the
 The presence of any CPEC or laboratory probation law. Any other violation of the law,
equipment in the clandestine laboratory is a provided that the penalty imposed is below six
prima facie evidence of manufacture of any years, may avail of the benefits of probation.
dangerous drug.
Q. A is caught smoking opium with a pipe. What
Q. What are the elements of illegal possession of crime/s is/are committed?
dangerous drugs?  He is liable for illegal use of dangerous drugs.
(1) The accused is in the possession of the This is because possession of drug
prohibited drugs; paraphernalia (in this case, the pipe) is already
o Possession does not only mean the absorbed in the crime of illegal use.
actual possession of the drugs on his
body. It suffices that the said dangerous Q. A is caught possessing both the pipe and the
drugs are found in a place under the opium, while he is not smoking it. What crime/s
control and dominion of the offender. It is/are committed?
includes constructive possession.  Two crimes are committed: (1) illegal
o Actual possession – exists when the possession of drug paraphernalia, and (2) illegal
drug is in the immediate physical possession of dangerous drugs.
possession or control of the accused.
o Constructive possession – when the Q. Who is liable for illegal possession of dangerous
drug is under the dominion and control drugs during parties?
of the accused, or when he has the right  Any person found possessing any dangerous
to exercise dominion and control over drug during a party, or at a social gathering or
the place where it is found. meeting, or in the proximate company of at least
(2) Such person is not authorized by law; and two persons
o Drugs are per se contraband. The  The maximum penalty prescribed by law shall
presumption is that such possession is be imposed. (It can be likened to a qualifying
without authority of law. The burden of circumstance)
proof is on the accused to prove that he
has the authority to possess it. Q. What does the law mean by use?
(3) The accused freely and consciously possessed  It refers to the act of injecting, intravenously or
the prohibited drug. intramuscularly, or of consuming, either by
o There must be an animus possidendi (or chewing, smoking, sniffing, eating, swallowing,
intent to possess) is presumed by the drinking, or otherwise introducing into the
law. The moment that he is found in physiological system of the body any of the
possession of the dangerous drugs, the dangerous drugs.
law presumes that the person knows
that the thing in his possession is a Q. What are the elements of illegal use of dangerous
dangerous drug. drugs?
(1) The offender was apprehended or arrested in
Q. May a person who is found guilty of illegal the actual use of dangerous drugs, or for a
possession of drug paraphernalia apply for commission of a crime defined under R.A. No.
probation? 9165;
 YES, a person convicted of illegal possession of (2) After a confirmatory test, he was found positive
drug paraphernalia can apply for probation, for use of any dangerous drug; and
because the penalty ranges from six months and (3) No other amount of dangerous drug must be
one day to four years, which is below the six- found in his possession.
year threshold under the Probation Law.

o If any other amount was found, the or arrested, on account of physical signs or
charge will be illegal possession of symptoms or other visible or outward
dangerous drugs. manifestation, is under the influence of
dangerous drugs. If found to be positive, the
Q. What actions are to be taken against the drug results of the screening laboratory examination
user? or test shall be challenged within fifteen (15)
(1) First offense – penalty of a minimum of six days after receipt of the result through a
months rehabilitation in a government center confirmatory test conducted in any accredited
(2) Second offense – imprisonment ranging from 6 analytical laboratory equipment with a gas
years and 1 day to 12 years and a fine from chromatograph/mass spectrometry equipment or
PhP50,000 - PhP200,000. some such modern and accepted method, if
confirmed the same shall be prima facie
Q. What are the presumptions under the law? evidence that such person has used dangerous
(1) The possession of such equipment, instrument, drugs, which is without prejudice for the
apparatus and other paraphernalia fit or prosecution for other violations of the provisions
intended for any of the purposes enumerated in of the law.
the preceding paragraph shall be prima facie
evidence that: Q. What actions may be taken if the offender is a
a. the possessor has smoked, consumed, minor?
administered to himself/herself, injected, (1) Suspended sentence for the first offence;
ingested or used a dangerous drug; and o Minor is over 15 at the time of the
b. He has violated Sec. 15 of the law. commission of the offense of
(2) The presence of any controlled precursor and possession of dangerous drugs, but not
essential chemical or laboratory equipment in more than 18 at the time of the
the clandestine laboratory is a prima facie proof promulgation of the judgment, provided
of manufacture of any dangerous drug. It shall that:
be considered an aggravating circumstance if i. He has not been previously
the clandestine laboratory is undertaken or convicted of any crime;
established under the following circumstances: ii. He has not been previously
(a) Any phase of the manufacturing committed to a Center or to the
process was conducted in the presence care of a DOH-accredited
or with the help of minor/s; physician; and
(b) Any phase or manufacturing process iii. The DDB favorably
was established or undertaken within recommends suspension of his
one hundred (100) meters of a sentence.
residential, business, church or school o This may be availed by the minor only
premises; once.
(c) Any clandestine laboratory was (2) Probation or community service for a first time
secured or protected with booby traps; offense in lieu of imprisonment; or
(d) Any clandestine laboratory was (3) Service of sentence as any other convicted
concealed with legitimate business person if the first time-minor shall violate any of
operations; or the conditions of his suspended sentence or any
(e) Any employment of a practitioner, of the rules and regulations of the Center if
chemical engineer, public official or confinement therein was required.
foreigner.
(3) Any person apprehended or arrested for Q. Differentiate entrapment from instigation.
violating the provisions of this Act shall be ENTRAPMENT INSTIGATION
subjected to screening laboratory examination or The entrapper resorts to The instigator practically
test within twenty-four (24) hours, if the ways and means to trap induces the would-be
apprehending or arresting officer has reasonable and capture a lawbreaker defendant into committing
while the latter executing the offense and himself
ground to believe that the person apprehended

his criminal plan. becomes a co-principal  By “preserve the integrity and
Not a bar to prosecution Defendant would have to evidentiary value”, it is meant
be acquitted. It is an that it must be marked to ensure
absolutory cause akin to that it was the dangerous drugs
an exempting taken from the accused and it
circumstance. must be turned over to the
The idea to commit the The criminal intent forensic laboratory for testing.
crime originates from the originates from the mind of
This requisite is of utmost
accused. the instigator.
importance.
(2) Within twenty-four (24) hours upon
Q. Are decoy solicitations prohibited by law?
confiscation/seizure of dangerous drugs, plant
 NO, it is not prohibited. For sale of illegal drugs,
sources of dangerous drugs, controlled
any of the following will not exculpate the
precursors and essential chemicals, as well as
accused:
instruments/paraphernalia and/or laboratory
(1) That facilities for the commission of the
equipment, the same shall be submitted to the
crime were intentionally placed his way;
PDEA Forensic Laboratory for a qualitative and
(2) That the criminal act was done at the
quantitative examination;
solicitation of the decay or poseur buyer
(3) A certification of the forensic laboratory
seeking to expose his criminal act; or
examination results, which shall be done by the
(3) That the police authorities feigning
forensic laboratory examiner, shall be issued
complicity in the act were apparent and immediately upon the receipt of the subject item/s:
apparently assisted in its commission. o When the volume of dangerous drugs,
plant sources of dangerous drugs, and
Q. What is the procedure upon the initial seizure of controlled precursors and essential
the drugs? chemicals does not allow the completion
(1) The apprehending team having initial custody and of testing within the time frame, a partial
control of the dangerous drugs, controlled laboratory examination report shall be
precursors and essential chemicals, provisionally issued stating therein the
instruments/paraphernalia and/or laboratory quantities of dangerous drugs still to be
equipment shall, immediately after seizure and examined by the forensic laboratory,
confiscation, conduct a physical inventory of the provided that a final certification shall be
seized items and photograph the same in the issued immediately upon completion of the
presence of the (1) accused or the person/s from said examination and certification;
whom such items were confiscated and/or seized, (4) After the filing of the criminal case, the Court
or his/her representative or counsel, with (2) an shall, within seventy-two (72) hours, conduct an
elected public official, and (3) a representative of ocular inspection of the confiscated, seized
the National Prosecution Service or the media, who and/or surrendered dangerous drugs, plant
shall be required to sign the copies of the inventory
sources of dangerous drugs, and controlled
and be given a copy thereof.
precursors and essential chemicals, including
o The physical inventory and photograph
the instruments/paraphernalia and/or laboratory
shall be conducted at the place where the
equipment, and through the PDEA shall within
search warrant is served; or at the nearest
police station or at the nearest office of the
twenty-four (24) hours thereafter proceed with
apprehending officer/team, whichever is the destruction or burning of the same, in the
practicable, in case of warrantless presence of the accused or the person/s from
seizures whom such items were confiscated and/or
o Noncompliance of these requirements seized, or his/her representative or counsel, a
under justifiable grounds, as long as the representative from the media and the DOJ, civil
integrity and the evidentiary value of the society groups and any elected public official.
seized items are properly preserved by the The Board shall draw up the guidelines on the
apprehending officer/team, shall not manner of proper disposition and destruction of
render void and invalid such seizures and such item/s which shall be borne by the
custody over said items. offender: Provided, That those item/s of lawful

commerce, as determined by the Board, shall be  PURPOSE: to ensure that the dangerous drugs
donated, used or recycled for legitimate seized/confiscated is the very same dangerous
purposes: Provided, further, That a drug that has been tested by the forensic
representative sample, duly weighed and laboratory, and that it is the same drug
recorded is retained; presented in court. It ensures that no substation
(5) The Board shall then issue a sworn certification of evidence happened.
as to the fact of destruction or burning of the
subject item/s which, together with the Q. May violators of the law avail of plea bargaining?
representative sample/s in the custody of the  NO. Any person charged in violation of the
PDEA, shall be submitted to the court having crimes under the law cannot avail of plea
jurisdiction over the case. In all instances, the bargaining under the Rules of Court. Therefore,
representative sample/s shall be kept to a they cannot plead guilty to a lesser offense.
minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or Q. In what acts can an attempt or conspiracy to
counsel shall be allowed to personally observe commit the same be penalized by the same penalty
all of the above proceedings and his/her prescribed to the consummated acts?
presence shall not constitute an admission of (1) Importation of any dangerous drug and/or
guilt. In case the said offender or accused controlled precursor and essential chemical;
refuses or fails to appoint a representative after (2) Sale, trading, administration, dispensation,
due notice in writing to the accused or his/her delivery, distribution and transportation of any
counsel within seventy-two (72) hours before the dangerous drug and/or controlled precursor and
actual burning or destruction of the evidence in essential chemical;
question, the Secretary of Justice shall appoint a (3) Maintenance of a den, dive or resort where any
member of the public attorney's office to dangerous drug is used in any form;
represent the former; and (4) Manufacture of any dangerous drug and/or
(7) After the promulgation and judgment in the controlled precursor and essential chemical; and
criminal case wherein the representative (5) Cultivation or culture of plants which are sources
sample/s was presented as evidence in court, of dangerous drugs.
the trial prosecutor shall inform the Board of the
final termination of the case and, in turn, shall Q. How can a violator of the law be immune from
request the court for leave to turn over the said prosecution and punishment?
representative sample/s to the PDEA for proper (1) The offender voluntarily gives information;
disposition and destruction within twenty-four (2) The offender who gives information is a violator
(24) hours from receipt of the same. of the following sections:
a. Sec. 7 – employees and visitors of drug
Q. What is the chain of custody rule? dens, dives, or resorts;
 It is the duly-recorded authorized movements b. Sec. 11 – possession of dangerous
and custody of dangerous drugs from the time of drugs;
their confiscation/seizure to the receipt in the c. Sec. 12 – possession of drug
forensic laboratory to safekeeping to paraphernalia;
presentation in court and their destruction. d. Sec. 14 – possession of paraphernalia
 It established the identity of the substance. during a party;
 It requires that testimony be presented about e. Sec. 15 – use of dangerous drugs; or
every link in the chain, from the moment the item f. Sec. 19 – unlawful prescription;
is seized, up to the time it is offered in evidence. (3) He gives information against violators of the
When nagging doubts persist as to whether the following sections:
item confiscated is the same specimen a. Sec. 4 – importation;
examined and established to be a prohibited b. Sec. 5 – sale, administration, etc;
drug, there can be no crime of illegal possession c. Sec. 6 – maintenance of drug den, etc;
of a prohibited drug d. Sec. 8 – manufacture of dangerous
drugs;
e. Sec. 10 – manufacture of paraphernalia;
f. Sec. 13 – possession of dangerous
drugs during parties; or
g. Sec. 16 – cultivation of dangerous drugs
or sources.
(4) He must meet the following criteria:
a. He willingly testifies against such
persons;
b. He does not appear as most guilty; and
c. There is no direct evidence except for
his information and testimony; and
(5) The following conditions are present:
a. The information and testimony are
necessary for conviction;
b. It is not yet in possession of the state;
c. It can be corroborated on its material
points;
d. The informant/witness has not been
convicted of a crime involving moral
turpitude except when no direct
evidence is available; and
e. He shall strictly and faithfully comply
without delay to any condition or
undertaking in writing lawfully imposed
by the State as further consideration for
the grant of immunity.
Q. May the RPC be applied to the provisions of the

law?
 GR: The provisions of the RPC shall not apply to
the provisions of the law
 XPN: If the offender is a minor. In such case, the
penalty for acts punishable by life imprisonment
to death shall be reclusion perpetua to death.

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REPUBLIC ACT NO.

10353: AN ACT legitimate targets as combatants that it could

Enforced or involuntary disappearance-  An Order of Battle causing the commission

Three categories of War Crimes:

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a.) That superior either knew or, owing to

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Ammendments by R.A. 9231 Child pornography- refers to any

(5) lascivious exhibition of the genitals,

(6) use of any object or instrument for

Grooming- refers to the act of preparing a child

Luring- refers to the act of communicating, by

Pandering- refers to the act of offering,

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The recruitment, transportation, transfer,

Qualified Trafficking in Persons. - The

a. When the trafficked person is a child;

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 Additional grounds under R.A. 10364 (b) Executing, for a consideration, an

Prescriptive Period. - Trafficking cases under

That trafficking cases committed by a syndicate

The prescriptive period shall commence to run

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(2) Peering in the window or lingering outside the

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 Failure to comply with this Section shall

Protection Orders- A protection order is an

Barangay Protection Orders (BPOs) refer to

Immediately after the issuance of an ex parte

Temporary Protection Orders (TPOs) refers

Permanent Protection Order (PPO) refers to

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Q. In Disini, et al. v. Secretary of Justice, which

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Q. What is the liability of the employer under the

Q. What is the prescriptive period of the crime?

Q. Upon returning from her vacation, A, the head of

Q. What are the types of illegal recruitment?

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Q. What are the acts punished under the law?

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Q. May the RPC be applied to the provisions of the

Special Penal Laws FINALS Diamond Notes- Agcaoili Tec Page 28

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