R.A.

9165 to Crimes Committed by Public Officers

R.A. 9165 Comprehensive Dangerous Drugs Act

Acts punished: mainly selling, mere possession, purchasing, using, manufacturing,

transporting, going to drug den.

Persons liable:
- Pusher, trafficker, possessor, user, protector/coddler and financier.
- Planted evidence (Section 29)
- Law is extensive to include even a protector, coddler and financer, officers who
plant evidence

Selling of Dangerous Drugs

Elements:
1. Buyer is identified
2. Exchange consideration involved
3. Corpus delicti​ – body of the crime
a. Prove the existence of a crime
b. For selling, ​cd​ is existence of dangerous drug itself
- Corpus delicti​ – existence of dangerous drugs
- Buy bust operation​- entrapment operation*, valid warrantless arrest
o How: entrapment operation – means that are being used by law
enforcement officers, allowed by law, in order to arrest the perpetrator
while in the act of committing the crime.
- Instigation is not allowed. Law enforcement officer asks the person to do the
crime.
- Criminal intent is from perpetrator.
- No requirement to present the confidential informant, Poseur Buyer, buy bust
money
- Chain of custody
- Section 21 – physical inventory and photograph in the presence of the accused,
or his representative or counsel, representative from media and DOJ, and any
elected public official. ( see R.A. 10640)

Buy bust operation

- Marked money (can be identified)
- Chain of custody
o At the time the shabu was retrieved until the time it was brought to court,
police officer must show that the evidence was not tampered (unbroken
chain)
o Illegal drugs seized must be inventoried (where the operation conducted
or if in police station, it must be explained) and photographed in the
presence of the accused (or representative or counsel), representative
from media, DOJ and any elected official to prevent the case of planting
evidence. (Sec. 21 of IRR)
▪ If one is absent, police officers must justify.
Chain of custody is broken​ – should be justifiable.

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 - It must be shown or sufficiently proven that the law enforcer that there is no
occasion during this process that the evidence was tampered. So long as they are
able to prove that that is the very same piece of evidence they got and brought to
court, then usually, court will allow that.
Possession of dangerous drugs
- Animus possidendi – accused knowingly possessed the prohibited articles
- Actual and constructive possession

Use of dangerous drugs

- Possessor of drug paraphernalia shall be presumed to have used dangerous
drugs

CRIMES AGAINST PUBLIC MORALS

Art. 200. Grave Scandal

- Highly scandalous conduct committed in public place or public view

2013 Bar Question:​ An actress swimming nude in the private pool of her condo every
night. Her neighbors were watching her each time she swam naked. Is there a crime of
grave scandal? Even though it is a private condo, it is considered as highly scandalous
because against morals and decency.

Article 202. Vagrancy (Vagrants and Prostitutes)

- R.A. 10158 ​decriminalizes​ vagrancy
- No visible means of income
- Vagrancy – wala ng ginagawa. Loitering in public
- Ordinances that punish vagrancy are illegal
- Prostitution definition still remains in RPC because it was not repealed. Outdated
provision.
- States that only woman, habitual.

Anti-Gambling Law
P.D. No. 1602 amended by R.A. 9287

- Gambling- game of chance or skill

- There must be a ​wager ​involved.
- Lottery is a payment of something of value for a chance to win a prize. It is also
prohibited
- Illegal numbers game (​jueteng​)

Mere spectator or by-stander is not criminally liable.

R.A. 9208 Anti-Trafficking in Persons Act

- Definition of prostitution
- Any person can be a victim
R.A. 10364 Expanding RA 9208

Human Trafficking – considered as the gravest human rights challenge.

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Elements:

ACTS + MEANS + EXPLOITATIVE PURPOSE ​(main element)​ = HUMAN TRAFFICKING

ACTS Non-violent Means SEXUAL EXPLOITATION

• Recruit • Fraud • Prostitution
• Transport • Deception • Acts of Lasciviousness
• Transfer • Abuse of position of • Pornography
• Harbor vulnerability • Sex Tourism.
• Receive • Giving or receiving
• Obtain payments or LABOR EXPLOITATION
• Hire benefits • Forced labor
• Provide • Slavery
• Offer Violent Means • Debt bondage
• Maintain • Threat • Involuntary Servitude
• Force
• Other forms of ORGAN EXPLOITATION
coercion • Removal or sale of organ.
• Abduction

The trafficker recruits someone fraudulently.

- Even domestically
If the victim is a ​minor​, no need to prove the means (if coerced or forced) involved.
Only the ​acts and purpose​.

There is already trafficking:

- Being a minor is already qualified.
Consent of the victim to the exploitative purpose is irrelevant.

Anti-Sexual Harassment Act

Where: school, office or employment setting
How: Someone who has moral ascendancy in you is asking for a sexual favor. Mere
asking is already a harassment.
- Penalty is low
- Making jokes or making the person uncomfortable (sexualized joking)

R.A. 9995. Anti-Photo and Voyeurism Act

- Namboboso
- Photograph or video someone doing a sexual act or the private parts of a person
without the consent.
- Publishing it online without the consent of the other person
- Key element: taking of photo or video of someone

Crimes Committed by Public Officers

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 - Definition of public officer. Anyone elected or appointed to perform public
function is considered.
- Private individual acting in conspiracy with public officer can be held liable
under RA 3019

Essence of RPC and Anti-Graft Law (RA 3019)​ – cannot abuse. Perform duties
R.A. 3019
Public individuals acting in conspiracy in committing the crimes can be held liable.

Section 3 (a)
Persons liable:
1. Public officer who persuades, induces or influences another; and
2. The public officer who allows himself to be so persuaded, induced or influenced.

Section 3 (b) and (c)

- Requesting or receiving a gift
- Exception​: Look at ​Section 14​: ​unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary token of gratitude or
friendship according to local customs or usage

Section 3 (e)
- Maybe committed either by ​dolo​ or ​culpa
- First mode: causing undue injury to any party including the Government
o No attempted or frustrated stages​, actual damage or injury must be
established by evidence.
- Second mode: giving any private party any unwarranted benefit, advantage or
preference.
o Bidder was favored even if not qualified.

Section 3 (g)
- Public officer who enters on behalf of the Government into any contract or
transaction manifestly and grossly ​disadvantageous​ to the Government.

Section 3 (h)
- Direct or indirect pecuniary interest
- Actual intervention of public​ officer is an element of the crime

Section 7
- Filing of SALN

Articles 204 to 207

- Who: committed by a Judge
- What: There must be bad faith or deliberate intention to do an injustice

Article 208
- What: Dereliction of duty to prosecute
- Who: Can be committed by a Prosecutor or police officer
- Should have acted with malice

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Article 209
- Who: committed by a lawyer
Direct Bribery
3 ways of committing:
1. Public officer agrees to perform an act which constitutes a crime in connection
with the performance of his official duties in consideration of a promise, gift or
present
2. Or an act which does not constitute a crime
3. Or refrain from doing something which it his official duty to do
o The offer of gift or promise must be accepted by the public officer.
CRIME
a. Corruption of a public official​ – bribe giver
b. Direct bribery​ – public officer accepts

Indirect Bribery
- Accept gifts by reason of his office
- No attempted or frustrated stage
- No agreement between persons. The person just gives something to the official.
- Reason:​ ​because the person is in office

*Private secretary of judge – binigyan ng litigant ng pera para maschedule agad kay
judge na unahin ang hearing niya
Direct bribery? None. Because not a public official.

Qualified bribery
- Law enforcement officers i.e. NBI agents or PNP officers, ​refrains from
arresting or prosecuting an offender who has committed a crime punishable by
reclusion perpetua or death

Corruption of public officials

- Offender is the giver of gifts or offeror of promise

Malversation
- Who: Public officer accountable for public funds or property
- How: takes or misappropriates or lost the same
- Accountable officer is one who has custody or control of public property by
reason of the duties of his office
- Private individual can be held liable if he conspires with an accountable officer
- Intentional (dolo) or passive (culpa) malversation
- Failure of the officer to explain the missing funds shall be prima facie evidence of
misappropriation
- Restitution does not exempt the offender from criminal liability, only mitigating
circumstance (ex. Hinuli ka and binalik mo yung money = still punishable)
- Resignation is not a defense
- Private property may be involved in malversation

Technical Malversation Art. 220

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 - Public officer who applies a public fund or property under his administration to
any public use other than that for which such fund or property were
appropriated by law or ordinance.
- Public fund is already allocated, and a public official uses it for another purpose.
- There must be a law or ordinance appropriating funds or money for a specific
project
- Mala prohibita – regardless of the amount involved

RA 9745 Anti-torture Act

- Torture – includes physical torture and mental or psychological torture

- To extract information
- Any superior military, police or law enforcement officer or senior government
official who issued an order to any lower ranking personnel to commit torture
for whatever purpose shall be ​held equally liable as principals​.
- Section 13 explicitly makes superiors criminally liable under the doctrine of
command responsibility
- An accessory is also liable for torture.
- Note the difference with maltreatment of prisoner under Art. 235

R.A. 7080 Anti-Plunder Act

Plunder – public officer who shall amass, accumulate or acquires ill-gotten wealth
through a combination or series of overt or criminal acts (predicate crimes) in the
aggregate amount or total value of at least ​PHP 50,000,000.00 (threshold amount under
the law) by himself or in connivance with other persons.
- Crime ​malum in se ​even if special law because of the nature of the crime
- Private individual can be held liable under conspiracy
- Commission of at least two predicate crimes; a ​series of acts ​(PREDICATE
CRIMES; getting illegal wealth)

Wheel and Chain Conspiracy – public officer as ​“wheel” (maraming kausap/kasama),

has other conspirators to acquire various amounts of ill-gotten wealth; ​Chain
Conspiracy – link to each other (one direct line, isa lang kausap Example: 1 contractor
lang kausap pero pinapalagay lahat ng funds into 1 account)

2017 Bar question: A private contractor gave a sanggunian member P25M for a tourism
project and another P25M for sport project, the amounts are deposited in the name of
his secretary, who personally maintained a bank account for his share in govt. projects.
Is the crime of plunder committed?

CRIMES AGAINST PERSONS

Parricide
- Relational (​straight-line relation​)
- Ascendant and Descendant must be ​LEGITIMATE
- Father, mother or child – ​legitimate or illegitimate
- Killing of Legitimate Spouse = automatic parricide
- Parricide has a higher penalty because of the relationship

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 - Killing of in laws: not parricide

Distinguish the elements for the crimes of parricide, infanticide, homicide, murder.

What if the question presented is: ​If A killed B, what is the crime?

It depends:
- If B is the father, mother or child whether legitimate or illegitimate, or ​legitimate
other ​ascendant or descendant​, or ​legitimate spouse​ of A, the crime is parricide.
Note:​ Brothers and sisters and in-laws are not included in ​parricide​.

- If B is a child ​less than 3 days​ old, the crime is ​infanticide​.

- If ​qualifying circumstances under ​Art. 248 such as treachery or evident
premeditation is attendant in the killing of B, then the crime is ​murder​.
- If A and B are ​not related​, nor qualifying circumstances are attendant, the crime
is ​homicide​.

Abortion

- Employing violence upon the pregnant woman or giving abortive substance. The
abortion is intentional.

Unintentional abortion

- Violence or actual physical force was exerted upon the pregnant woman, but no
intent to abort.
- Committed only by violence
- i.e. Through negligent driving, a pregnant woman was hit and caused abortion.
The crime is unintentional abortion through reckless imprudence.

Note: Concealment of dishonor reduces the penalty of abortion if committed by

the pregnant mother. In infanticide, there is a special mitigating circumstance if
committed by the parents of the pregnant mother.

2012 Bar question:​ A mother killed the 3 day old child of her husband with their
daughter. What is the crime?

Homicide and murder

- Intent to kill are present (can be shown by the number of wounds, weapon used,
if the wound is fatal).
- Absent intent to kill, the crime is only physical injuries.
- Intent to kill must be proven

Murder
- Qualifying circumstances for murder is similar with Art. 14 ordinary aggravating
circumstances except for outraging or scoffing at the person or corpse.

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 o Qualifying circumstances must be present. Presence of any will make the
crime murder.
- Evident Premeditation & Treachery (attack was ​sudden, unexpected and the
victim was not able to defend himself) are the most common.
- Outraging or scoffing the person or the corpse (causing more humiliation. Ex:
decapitating the body)

Homicide
- No qualifying circumstances and the victim was killed, the crime is HOMICIDE
(Ex: unintentional killing)

Mutilation
- Depriving totally or partially a reproductive organ.
- Example: Cutting the organ of male to prevent person from reproduction

Serious Physical Injuries

- Victim suffered insanity, imbecility, impotency, blindness, loss of faculty for
speech, hearing or smelling, loss of any part of the body or use thereof,
deformity, incapacity for habitual work, permanently or for more than 90 days.
- Incapacitated for more than 30 days
- Take note of effects

Less Serious Physical Injuries

- Incapacity for labor or illness requiring medical attendance for 10 days or more
but not more than 30 days.

Slight Physical Injuries

- Incapacity for labor or illness for 1 to 9 days.
- Ex. Bruises, abrasions

Death caused in tumultuous affray

- Victim was killed by an ​unidentified person in the course of tumultuous affray.
All​ ​persons​ who assaulted the deceased are liable for murder or homicide.
- The person who killed the deceased cannot be identified but the person/persons
who inflicted serious physical injuries or who used violence can be identified
i.e. Rumble

Giving assistance to suicide

- Person who helps another commit suicide is liable
- Not similar to euthanasia or mercy killing, mercy killing is murder.
o Still not allowed under our laws. Fall under murder.

Discharge of firearm
- ILLEGAL DISCHARGE OF FIREARM
- Shooting has ​no intent to kill​ (firearm is not pointed to a person)
- Example: binaril sa sahig pero may natamaan
- If against a person, already a frustrated homicide. If the person dies, homicide.

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Rape

I. Rape by Sexual Assault & Rape by Sexual Intercourse

Through sexual intercourse
Elements:
- Carnal knowledge against the will of a woman by:
a) Using force or intimidation
b) Deprived of reason (mental retardate, feebleminded, idiot, imbecile),
unconscious
c) Fraudulent machination or grave abuse of authority
d) Under 12 years old or demented
- Slightest penetration is consummated rape. Penis merely touched the external
portions of the female genitalia. According to jurisprudence: mere touching of
the genitals + ​intent to have carnal knowledge of the woman​ is already RAPE
- Broken hymen, lacerations are not necessary. Character of victim is immaterial
as long as it is ​proven​ that the victim did ​not consent​.
- Sweetheart defense or sweetheart theory to be valid, accused must show that
the sexual relation is ​consensual​.
- No frustrated rape only ​attempted rape as long as there is intent to commit
carnal knowledge.

Note:
- Marital Rape​ – husbands can be liable for raping his wife.
*People v. Amarela – ​Women’s Honor Doctrine ​(woman will not cry rape unless
true. Women will not go through the stigma of having been raped. The law gives
weight to woman.) ​but the SC overturned this doctrine (There is no presumption
because women are more empowered; independence of women)
- Insertion of finger is considered as sexual assault

II. Through sexual assault

- Instrument or object rape, gender free rape
- Finger is considered an object. Hence, considered as sexual assault

Qualified rape
- Know the qualifying circumstances
o Ex. Minority + relationship with the offender
o Minority itself is not a qualifying circumstance
- STATUTORY RAPE​ if under 12 years old; ​QUALIFIED RAPE ​if below 7 years old
- 13 – 17 years old, ​to qualify, there must be a relationship with the offender.
- Feeble-minded, deprived of reason – mentally retarded
- Note:​ Special complex crime of rape with homicide

Rape with homicide

- Special complex crime. Homicide committed on occasion of rape.
i.e. Rapist killed the victim to silence her.

Question: If the rapist killed Mr. A, who came to the aid of the victim. Is there rape with
homicide?

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 - There is still rape with homicide (as jurisprudence stated).

R.A. 9775 Anti-child Pornography Law

Republic Act 9775 punishes the crime of Child pornography, Section 3 (b) thereof it is
defined as:
"​Child pornography​" refers to any representation, whether visual, audio, or
written combination thereof, by electronic, mechanical, digital, optical, magnetic
or any other means, of child engaged or involved in real or simulated explicit
sexual activities (​even if it is not an actual child: like computer animation​).

- Person dressed up as a child is also considered as child pornography.

- Mere possession of child pornography is punishable.
- Sexual act may be ​scripted​ or ​actual​.
- Treated like illegal drugs – cannot possess, distribute, and sell.

Section 3 (a) defines a ​Child​ as:

(a) "Child" refers to a person below eighteen (18) years of age or over, but is
unable to fully take care of himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or mental disability or
condition.

For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child
as defined herein; and
(2) computer-generated, digitally or manually crafted images or graphics of a
person who is represented or who is made to appear to be a child as defined
herein.

Elements of Child pornography:

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R.A. 9262 Anti-Violence Against Women and Children Act (VAWC)

- Not just a man against a woman. The element of relationship, man and woman, is
related. The victim in is a woman with whom the offender has or had ​marital,
sexual or dating relationship​ and her children.
o Sexual – even if one time. May not be habitual.
o Romantic relationship, not CASUAL
o Absence of such, may be physical injuries
- Physical, psychological (ex. Humiliation), sexual violence and economic abuse
(do not support the wife and/or child).

Is VAWC applicable to a woman-woman relationship?

- YES​. The law states relationship only. Victim is only a woman.
Is this applicable to a foreigner?​ Yes, territorial application of criminal law.
- Del Socoro v. Vanwilsem
- Continuing offense? Yes. This is a ​continuing crime (ex. Nonpayment or giving of
support)
Can be committed through conspiracy
- Tan v. Tan
- In laws can be held liable for VAWC if they commit or help the husband commit
the violence against the wife.

R.A. 8049 Anti-Hazing Law

Hazing – an initiation rite or practice as a ​prerequisite for admission into membership

in a ​fraternity, sorority or organization or a requirement for employment in a

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corporation by placing the recruit, neophyte or applicant in some embarrassing or
humiliating situations.

Malum prohibitum
- Good faith is not a defense
- Consent of the victim to be injured shall not be a defense.

Persons liable:

Principals
- Actual participants of the hazing
- Officers, former officers, alumni of the org., group, frat or sorority who actually
planned the hazing and those who ​knowingly cooperated in carrying out the
hazing by ​inducing the victim to be present​.
o Those who brought the victim (Dungo v. People)
o Bayabos case
- Frat or sorority’s adviser who was present when the acts of hazing were
committed and failed to take action to prevent them from occurring.
- Parents of the officers, members of the frat, group or org. held at one of the
homes who have actual knowledge of the hazing and failed to take any action.
- President, manager, director, or other responsible officer of a corporation
engaged in hazing as a ​requirement for employment​.

Accomplices
- School authorities and faculty members who had ​no direct participation but
consented or ​failed to take any preventive action against hazing in spite of
actual knowledge​.
- Owner of the place where the hazing was conducted. He has ​actual knowledge
and did not take steps to stop the same.

R.A. 7610 Child Abuse Law

- extensive
Child is a person ​below 18 years of age​, or above 18 who is unable to fully take care of
themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.

- Maltreatment whether habitual or not.

- Child abuse includes psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment or any act by deeds or words which debases,
degrades or demeans the intrinsic worth and dignity of a child as a human being.
- Mere act of discipline of a parent to a child is not child abuse, provided that it is
reasonable​.

Parents who do not give food or support (neglect) is under 7610.

Child trafficking under R.A. 7610

- Engage in trading and dealing with children, including buying and selling of a
child for money, or for any other consideration or barter.

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- Direct sale of children is punishable, using a child to be exploited through
prostitution
- Anything harmful or dangerous to the child
- Trafficking under R.A. No. 9208 – minor or person is exploited for prostitution.
R.A. No. 7610 is selling or trading of child
- Can be R.A. 7610 and 9208

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