SPL Notes:

1. Anti-Arson law
2. Anti-Carnapping Law
3. Anti-Child Abuse Law
-under crimes against Persons, and crimes against chastity

Crimes against persons:

(i) Coverage

(ii) Childprostitution, punishableacts

(iii) Child trafficking, punishable acts

Crimes against chastity

(i) Child prostitution and other acts of abuse

There are 2 kinds, 5(a) and 5(b). For both, the victim is below 18 years of age.
But for 5(b), if victim is under 12 years old, prosecute under the RPC, but with
higher penalty as provided for by law.

5(a) crime of procurer; for profit; does not engage in actual sexual or
lascivious conduct; merely promotes the prostitution or sexual abuse of
child
5(b) The crime of customer/client; covers sex or lascivious conduct
with child exploited in prosti, and child subjected to sexual abuse
o Elements:
Accused commits sexual intercourse or lascivious
conduct
Act is performed with a child exploited in prosti or
subjected to other sexual abuse
Child, m or f, is below 18 years old

Note: 5(b) covers situations where child is abused for profit

(exploited in prostitution); AND where the child thru coercion,
intimidation, or influence, engages in sexual intercourse or
lascivious conduct with child (the latter is what is referred to by
law as or subjected to other sexual abuse

Induces/seduced by professor

(a) Punishable acts

(b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and R.A. No.
7610, as amended

To be convicted under RA 7610 (which penalizes acts of lasciviousness with a

minor as child abuse), you have to prove:
 1. Elements of acts of lasciviousness under 336, RPC
a. The offender commits any acts of lasciviousness or
lewdness
b. Is done under any of the ff. circumstances:
i. By using force/intimidation; OR
ii. When offended party deprived of reason or is
unconscious; OR
iii. Offended party is UNDER 12 years old
c. Offended party is another person of either sex

2. elements of sexual abuse under Section 5(b)

Note: if child is under 12 years old, prosecuted under RPC, but the penalty is
reclusion temporal, not prision correccional.

Note: If does not fall under 5(b), can still be convicted for Article 336 of RPC

Olivarez v CA: Prosecution failed to show evidence that force or

coercion attended that abuse since victim was asleep at that time;
also, not shown to be a child as defined by law; so cannot be liable
under 7610, but can be liable under 336, RPC. Note: Although
informations were wrongly designated as 7610, allegations were
sufficient to hold accused liable for 336, RPC.

(ii) Obscene publications and indecent shows

(a) Punishable acts

Notes:

1. Persons protected by law:

a. Below 18 yrs old
b. 18 and above, but are unable to fully take care of themselves
i. Mere fact of having polio is not enough. Prosecution must
present evidence of medical evaluation and finding to show that
the condition rendered the victim incapable of fully taking care
of herself.
2. Independent crime; 5(b) is separate and distinct crime from rape, as they
have different elements
3. Applicability of the Sweetheart theory as a defense-
GR: A child exploited in prostitution or subjected to other sexual abuse
cannot validly give consent to sexual intercourse with another persons.
Minors cannot give valid consent to a sexual act (Malto) (NOTE: Applies
to acts of lascivious as well)
Exception: A child can give consent to sexual act, and therefore will not
be liable under 5(b), if:
-child is not exploited in prostitution
-child was not subject to persuasion, inducement, enticement or
coercion

4. Difference between sexual abuse (Section 5(b)); and child abuse (Section 10)
-S10 refers to acts of child abuse other than child prostitution and other sexual
abuse under S5
-two distinct offenses
 5. Rape versus sexual abuse under 5(b)

If below 12- statutory rape under RPC, reclusion perpetua

12 years and above, but below 18, EITHER:
Rape, 266-A (except par 1(d);OR
Sexual abuse 5(b)

NOTE: Cannot be both, otherwise you violate rule against double jeopardy

NOTE: Cannot complex rape with violation of 5(b).Art 48 disallows this.

4. Anti-Child Pornography law

5. Anti-Fencing Law

10. Crimes Against Property (Articles 293-332) Include:

a) Anti-Fencing Law (P.D. 1612) and its Implementing Rules and Regulations

(i) Fencing

(a) Definition- Section 2

(b) Presumption of fencing- Sec 5; mere presumption; law does not require
proof of purchase of stolen article, mere possession is enough to give rise to
DISPUTABLE presumption of fencing.

(ii) Exception

(a) With clearance or permit to sell- Section 6 from station commander of PNP
-you need clearance if you deal in buy and sell of goods obtained from an
unlicensed dealer; if from licensed dealer, no need for clearance
-if no clearance, you can be convicted as a fence

Notes:

-crime against moral turpitude; fencing is a crime malum in se

-If not convicted as fence under anti-fencing, accused can be held liable as accessory
to the crime of robbery or theft;

-anti-fencing law only applies to profeeds of THEFT and ROBBERY. It does not apply to
other crimes like estafa. If crime is estafa and he took a share in the proceeds of
such, he liable as accessory to estafa

-Elements:

a. Robbery or theft has been committed (no conviction needed)

 b The accused, not a principal or accomplice in the commission of robbery or
theft, buys, receives, possesses, keep, acquires, conceals, sells or disposes, buys
and sells, or deals with articles derived from the proceeds of the crime;

c. accused knows or should know that the said article, item, object is derived from
proceeds of crime of robbery/theft

d. there is intent to gain from himself or for another

-Accessory penalty included: restitution, reparation, damages

-fencing is not a continuing crime. It is distinct from robbery or theft and offender
may be prosecuted at the place where he took hold of property; and not at the place
where theft/robbery was committed

6. Anti-Graft and Corrupt Practices Act

Crimes Committed by Public Officers (Articles 203-245) Include:

a) Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as amended)

(i) Coverage

(ii) Punishable acts

3(a)
o 2 ways of violating:
o a public officer persuading or inducing another po to do an act which is
a violation of rules; or an offense in connection with official duties of
latter
o a po allowing himself to be persuaded to commit such a violation
o both the corruptor and public officer are liable; if bar confidant without
authority fro SC requests 5 examiners to reevaluate answers of examinee for
latter to pass, they are both liable under 3a

3(b)
o Elements:
a. Offender is public officer
b. Requested and/or received a gift, present ro consideration
c. Such g,p,c was for his ebenfit
d. The g,p,c was requested and/or received in connection with a
contract or transaction with the government; and
e. Officer has right to intervene in such contract of
transaction in his official capacity
IMPT element; if assistant principal expedited payment
of salary differentials of teachers by asking for certain
sum higher than that imposed, cannot be liable under 3b
since there is no law that gives the asst principal the
power to intervene in such transaction
If clerk of court asks complainants to give her money
with a promise to get favorable decision from judge; this
is because clerk enjoys confidence of judge
 3(e)- malum prohibitum; attempted or frustrated stage of offense is not
punishable

Elements:

a. The offender is a public officer

b. Act was done in discharge of pos official, administrative, or judicial
functions;
c. Act was done thru
a. manifest partiality, OR
b. evident bad faith, OR
-if merely bad faith such as in the case of Llorante where petitioner
refused to give clearance because of unpaid liabilities when he gave
clearance to those with the same status before, not liable for evidence
bad faith under 3e, but only for bad faith thereby warranting the
payment of damages
c. gross inexcusable negligence;
d. The public officer:
i. Caused undue injury to any party, including the Government;
or
ii. Gave any private party unwarranted benefits, advantages
or preference
-NB: private party means either 1) private persons; or 2) public
officers acting in private capacity (Adalim case-even if Mayor
was the one who enjoyed unwarranted benefit of being
transferred from jail to residence, pets can be liable under 3a
since it was granted to Mayor not in his official capacity as
mayor, but as a detainee charged with murder)

-can be convicted under 3e REGARDLESS whether accused is charged with

grants of licenses or permits (Apeladoo case)

3f
-must be motivated by any gain or benefit for accused; or for purpose of
favoring an interest party or discriminating against another. Not enough that
advantage in favor of a party would results
-there must be DEMAND impliedly or expressly; and reasonable time must have
elapsed from such demand and yet public officer did not do anything about it; If
no demand, can only be administratively liable

3g
-mala prohibita; gain not required
-Requisites:
1. Public officer must be the one who had authority to conclude
transaction to bind the government
2. Contract must be existing at the time complaint is instituted; and
must not have been rescinded
3. contract must be grossly and manifestly disadvantageous to the
government
3h
 -to be liable, official who intervenes in contracts or transactions must have a
relation to his office; thus, judge canoe liable if the business of the corporation
is not one where judge intervenes or takes part in hs official capacity
-there must be ACTUAL intervention; thus, petitioner must be acquitted if no
evidence was adduced to show that it was the mayor himself who awarded
the contract to mayors business. In fact, it was shown that it was ANOTHER
official who awarded the contract s

(iii) Exceptions- Section 14

Notes:

Covers acts that are not only unlawful per se, but also acts that may lead to
graft and corruption. Thus, validity of a contract need not be proved for
conviction.
Immaterial when act is committed by public officers; can be during a former
term of office, or acts done during a later term
offense committed in relation to office offense cannot exist without the
office
public officer- definition in law is expressly limited to the application of RA
3019; note that the definition therein is not restrictive, instead it is inclusive,
considering the use of the term includes
o to be public officer under RA 3019, must receive compensation, as
opposed to definition under RA 6713
Compensation incudes allowances for personal expenses,
commission, expenses, fees and honorarium, travelling
expenses, per diems
If public officer is acquitted, so is the private person who allegedly conspired
wit the former to commit the crime.

Section 13- PREVENTIVE SUSPENSION

o Applies to violation of 3019; AND violation of bribery provisions under
RPC
o Mandatory, but not automatic
o Suspension is mandatory, and becomes a ministerial duty after the
validity of the information has been upheld; exercised by the
SANDIGANBAYAN after validity of information established
o Suspension not automatic since a pre-suspension hearing must be held
to determine the validity of the information.
No hard and fast rule as to the conduct of hearing
o Sec 13 is not a penalty as it is not imposed as a result of judicial
proceedings. Since not penal provision, not covered by prohibition on
ex post facto law
o ACQUITTAL (which implies trial on the merits) is required in order for
accused to be entitled to reinstatement and to salaries and benefits
which he failed to receive during suspension;
If merely dismissal of case, not entitled to such salaries and
benefits
o Suspension applies not only to office held in connection with the
charge, but also applies to the present office being held by the official
even if already occupying a different position
o A public officer who is under investigation or whose criminal
prosecution is pending for a RA 3019 violation committed during one
term may be the basis of his suspension for a subsequent term. BUT
 considering the he is re-elected, a new suspension order via a
supplemental order must be issued
o Congress is included in the coverage of RA 3019. So SANDIGANBAYAN
can order preventive suspension of members of Congress;
Such does not encroach on prerogative of Congress to discipline
its members since such power of Congress as provided for in
the Constitution is a PENALTY (penalty of suspension on erring
members NOT TO EXCEED 60 days)

Section 12- does not mean that public official can be forced to render service
as this would violate constitutional prohibition against involuntary servitude;
what this means is that he cannot use the resignation or retirement as shield
to avoid prosecution; NONETHELESS< even if he resigns or retires during the
pendency of criminal/admin investigation or prosecution, such proceedings
will NOT be dismissed
-Contemplates cases where there are no legal obstacles like immunity
from suit

7. Anti-Hazing Law
8. Anti-Hijacking Law
9. Anti-Piracy and Anti-Highway Robbery Law
10.Anti-Plunder Act

Crimes Committed by Public Officers (Articles 203-245) Include:

b) Anti-Plunder Act (R.A. No. 7080, as amended)

(i) Definition of terms

(ii) Ill-gotten wealth

(iii) Plunder

(iv) Series/Combination

a. Series- two or more overt or criminal acts falling under the same category
of enumeration in 1(d); i.e. misappropriation, misuse, malversation of
public funds
b. Combination- refers to at least two enumerations provided in Sec 1(d); i.e.
raise on public treasury (subpar 1; and fraudulent conveyance of assets
belonging to NG (subpar3)

(v) Pattern is a combination or series of over or criminal acts enumerated in

subsection 1-6 of 1(d), which is directed towards a common purpose or goalt
enable the public officer to amass, accumulate, acquire ill-gotten wealth amounting
to at least P50,000,000.

Notes:
-Sec 4 does away with proof of each and every component of crime. Prosecution only
needs to prove beyond reasonable doubt are:

1. number of acts sufficient to form a combination or series; and

2. such combination or series constitute a pattern which would involve the

amount of at least Php50,000,000.

-malum in se; heinous offense classified under RA 7659

-Jurisdiction: Not always with the Sandiganbayan

1. With Sandiganbayan if the following concur:

a. Committed in relation to office (but note that this is always met anyway
considering the nature of the offense); and

b. accused is public official with SG 27 or higher (RA 8249)

Otherwise, RTC, MTC as the case may be

11.Anti-Sexual Harassment
12.Anti-Torture Act
13.Anti-Trafficking in Persons Act
14.Anti-Violence against women and Children Act
15.Bouncing Checks Law
16.Comprehensive Dangerous Drugs Act
17.Illegal Possession of Firearms
18.INDETERMINATE SENTENCE LAW

I. For offenses punishable under the RPC The court shall sentence the accused to
an indeterminate sentence..
a. maximum term- in view of the attending circumstances could properly be
imposed
- consider the modifying circumstances applying the rules under
Art. 64, RPC
o neither agg or mit. circumstances penalty in its medium
period
o only a mit. Circumstance penalty in its minimum period
- when there are two or more mit circum. and no agg.
circum penalty next lower to that prescribed by law in
the period that it may deem applicable accdg to the
number and nature of circumstances
o only an agg. Circumstance penalty in its maximum period
- whatever the nature and number of agg.
circumstances, courts cannot impose a greater penalty
than that prescribed by law in its max period
 o both mit and agg present, offset according tot their relative
weight
o within the limits of each period, the courts shall determine
the extent of penalty accdg to the number and nature of agg
and mit circumstances, and the greater or lesser extent of
evil produced by the crime
- Note that privileged mitigating circumstances must be considered
before applying the rules
o Mit. Circumstance of minority is always privileged
- What controls is penalty actually imposed after considering the
attendant circumstances and not what the imposable penalty.
o Penalty orig. exempt from ISL, if after lowering it comes
within law, ISL shall apply
o Apply ISL when lesser penalty is a result of plea
bargaining
b. minimum term- within the range of the penalty next lower to that
prescribed by the Code for the offense
- Determination of minimum penalty is left to the sound discretion
of court and it can be anywhere within the range of penalty next
lower without any reference to the periods into which it may be
divided

II. For offenses punishable by special law the court the shall sentence the accused
to an indeterminate sentence..
a. maximum term- not to exceed the maximum fixed by law
b. minimum term- not be less than the minimum term fixed by law

III. When is the ISL NOT applicable? The ISL is MANDATORY except in the following
instances..

A. OFFENSES
a. Offenses pun. by death or life imprisonment
b. Those convicted of:
a. Treason
b. Conspiracy or proposal to commit treason
c. Misprision of treason
d. Rebellion
e. Sedition
f. Espionage
g. Piracy
c. Those whose maximum period does NOT exceed one year
d. Where reclusion perpetua is imposed as a single indivisible penalty under Art.
63
e. When sentenced to non-prison sentences like fine, destierro, disqualification,
suspension
 a. Issue with respect to fine: what if the person suffers subsidiary
penalty subsid. penalty shall not exceed one year of imprisonment.
Even if the penalty will be 1/3 of the penalty that is imposed ex. 6
years of imp or fine of 6K, if cannot pay fine of 6K, what will be the
subsid. penalty? It shall be highest minimum wage per day in the
Philippines. (Hanjin in subic=564; cebu=560/564/565) If ever we
have to compute the number of days of subsid. Imprisonment if
someone is subject to fine of 6k and cannot pay, how many days shall
he spend in prison? So 1000= 2 days. New computation of subsidiary
penalty and imprisonment. (10159

B. OFFENDERS
b. Habitual delinquents A person is a hd if:
c. within a period of 10 years from the date of release or last conviction
of the crimes of
i. serious or less seriously physical injuries
ii. robo
iii. hurto
iv. estafa
v. falsifaction
d. he is found guilty of said crimes a third time or oftener
NOTE: Recidivists are entitled to ISL. Not dq even if crime is committed while
on parole A recidivist is one who at the time of his trial for one crime, shall
have been previously convicted by final judgment of another crime embraced
in the same title of this code (ART 14(9))

c. Those who escaped from confinement

d. those who evaded sentence Failed to surrender during promulgation of
service of sentence (judge Pimentel)
e. Those granted conditional parole and who violated its terms
f. Those who are already serving final judgment upon the approval of ISL

19.Probation Law
20.Juvenile Justice and Welfare Act
21.Obstruction of Justice

Persons criminally liable/Degree of participation

a) Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal

Offenders (P.D. 1829)

(i) Punishable acts

(ii) Compare with Art. 20, RPC (accessories exempt from criminal liability)
 Article 20, RPC does not apply. So no exemption AT ALL from criminal
liability for offenders relatives
Unlike Article 19, the offender in PD 1829 can either be the principal,
accomplice or accessory in the crime in whose favor the obstructing
acts were committed
o In 19, accessory must neither be the principal nor accomplice
No distinction if offender public officer or private person
o In 19, par 3 defined 2 kinds of accessories:
Public officer- harbors, conceals or assists in escape of
principal; so accessory will be liable for same crime
committed by principal
Private person- only liable when offender is guilty of
TAMP (Treason, Attempt to take life if CE, Murder,
Parricide)

22.Trust Receipts Law

23.Cybercrime Prevention Act
24.Human Security Act