SPECIAL

LAWS
By:

Atty. Juvy R. Manwong

 Republic Act No. 7659
Heinous Crimes Act

What are HEINOUS CRIMES?

Heinous crimes are grievous, odious and hateful

offenses, which by reason of their inherent or
manifest wickedness, viciousness atrocity and
perversity are repugnant and outrageous to the
common standards and norms of decency and
morality in a just, civilized and ordered society.
 What are the HEINOUS CRIMES?
The heinous crimes are:

1) Treason;
2) Qualified Piracy/Mutiny
3) Qualified Bribery
4) Parricide
5) Murder
6) Infanticide
7) Kidnapping and Serious Illegal Detention
8) Robbery with Homicide
9) Robbery with Rape
10) Robbery with Intentional Mutilation
11) Robbery with Arson
12) Destructive Arson
13) Rape committed by two or more persons
14) Rape committed with the use of deadly
weapon
15) Rape with Homicide or attempted Rape
with Homicide
16. Rape attended by any of the following
circumstances:
a) The victim thereby became insane;
b) The victim is less than 18 years old and the offender is
an ascendant, a step-parent, guardian, relative by
consanguinity or affinity within the 3rd civil degree, or
the common law spouse of the victim’s parent;
c) The victim is under custody of police or military
authorities;
d) The victim is a religious or a child less than 7 years old;
e) The rape was committed in full view of the husband,
parent, children or relative within the 3rd civil degree of
consanguinity;
f) The offender is afflicted with AIDS and is aware of it;
g) The offender is a member of the AFP or PNP or any law
enforcement agency; or
h) The victim thereby suffered permanent physical
mutilation.
17. Plunder

18. Violations of the Dangerous Drugs Act of

1972 as amended when the quantity of
drugs involved in the violation is equal to or
more than that provided under Section 20

19. Carnapping where the owner, driver or

occupant of the carnapped motor vehicle is
killed or raped in the course of the
commission of carnapping or on the
occasion thereof.
 Republic Act No. 7080
(Anti-Plunder Law)
What is PLUNDER?

Plunder is the crime committed by “any

PUBLIC OFFICER who by himself or in
connivance with members of his family, relative
by consanguinity, business associates,
subordinate or other persons amasses,
accumulates or acquires ill-gotten wealth
through a COMBINATION or SERIES of overt
or criminal acts in the aggregate amount or total
value of at least P50, 000,000.00 (as amended
by R.A. No. 7659).
Who is a PUBLIC OFFICER under
R.A. No. 7080?
Any person holding any PUBLIC
OFFICE in the Government of the
Republic of the Philippines by virtue
of
(a) an appointment;
(b) election; or
(c) contract
Government of the Republic of the
Philippines includes:

 The National Government, and

 Any of its subdivisions, agencies or

instrumentalities, including GOCCs and
their subsidiaries.
 Who is a PERSON as defined
under R.A. No. 7080?
“PERSON” includes any NATURAL or
JURIDICAL person.

NATURAL PERSON – a human being

JURIDICAL PERSON – organizations, or

entities recognized by law as a person
such as LGUs, Registered Corporations
and Partnerships.
 What is an ILL-GOTTEN
WEALTH?

ILL-GOTTEN WEALTH means any asset,

property, business, enterprise or material
possession of any person, acquired by him
directly or indirectly through dummies,
nominees, agents, subordinates and/or
business associates.
What are the means of acquiring ILL-GOTTEN WEALTH
(Overt or Criminal Acts)?
ILL-GOTTEN WEALTH can be acquired through the
following means and similar schemes:

a) Misappropriation, conversion, misuse or malversation

or public funds or raids on the public treasury;

b) Receiving, directly or indirectly, any commission, gift,

share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in
connection with any government contract or project or by
reason of the office or position of the public officer
concerned;

c) Illegal or fraudulent conveyance or disposition of

assets belonging to the Government;
d) Obtaining, receiving or accepting directly or indirectly
any share of stock, equity or any other form of interest or
participation including the promise of future employment in
any business enterprise or undertaking;

e) Establishing agricultural, industrial or commercial

monopolies or other combinations and/or implementation of
decrees and orders intended to benefit particular persons
or special interests; or

f) By taking undue advantage of official position, authority,

relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the damage
and prejudice of the Filipino people and the R.P.
What COURT has the JURISDICTION
to hear and try
PLUNDER CASES?

All PLUNDER CASES are within the original

jurisdiction of the SANDIGANBAYAN.
What is the PRESCRIPTIVE PERIOD of the
crime of PLUNDER?

A plunder case prescribes in 20 years.

However, the right of the State to recover
properties unlawfully acquired by public
officers from them or from their nominees
or transferees is not barred by
prescription, laches, or estoppel (does not
prescribe)
 Amendments to R.A. 7080
Introduced by R.A. 7659
What amendments did R.A. 7659 introduce
to R.A. 7080?

R.A. 7659…

 AMOUNT - Lowered the amount from at least

P75 million (R.A. 7080) to at least P50 million.

 IMPOSABLE PENALTY - Changed the

imposable penalty of life imprisonment with
reclusion perpetua to death.
QUERY: Will the acquisition or accumulation of ill-gotten
wealth by a public official totaling to at least 50 million
pesos made through a single act constitute plunder?

Suggested Answer:
This has not been decided. In our
opinion, however, a single act does not
constitute plunder because the Anti-
Plunder Law provides that the acquisition
of ill-gotten wealth by a public official
must be made through a COMBINATION
or SERIES of acts.
 Republic Act No. 9160
Anti-Money Laundering Act of 2001

What is MONEY LAUNDERING?

Money laundering is a crime whereby

the proceeds of an UNLAWFUL ACTIVITY
are transacted, thereby making them
appear to have originated from legitimate
sources.
What constitutes an UNLAWFUL
ACTIVITY?
Sec. 3 (i) states that unlawful activity refers to any act or omission
or series or combination thereof involving or having relation to the
following:
1) Kidnapping for ransom;
2) Plunder;
3) Robbery and Extortion;
4) Jueteng and Masiao punished as illegal gambling under P.D.
1602;
5) Piracy;
6) Qualified Theft;
7) Swindling or Estafa;
8) Smuggling;
9) Hijacking; and
10) many others.
 MONEY LAUNDERING is
committed by the following:
a) Any person knowing that any monetary instrument or property
represents, involves, or relates to, the proceeds of any unlawful
activity, transacts or attempts to transact said monetary instrument or
property;

b) Any person knowing that any monetary instrument or property

represents or involves the proceeds of any unlawful activity, performs
or fails to perform any act as a result of which he facilitates the offense
of money laundering;

c) Any person knowing that any monetary instrument or property is

required under this Act to be disclosed and filed with the Anti-Money
laundering Council (AMLC), fails to do so.
 Jurisdiction Over Money
Laundering Cases
REGIONAL TRIAL COURT (RTC):
If the accused is a PRIVATE PERSON.

SANDIGANBAYAN:
When committed by PUBLIC OFFICERS
and PRIVATE PERSONS in conspiracy with
such public officers.
 Republic Act No. 3019
Anti-Graft and Corrupt Practices Act
What are the CORRUPT PRACTICES of a
PUBLIC OFFICER?

1) Persuading, inducing or influencing another public officer

to perform an act constituting a violation of rules and
regulations duly promulgated by competent authority or
an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.

2) Directly or indirectly requesting or receiving any gift,

present, share, percentage, or benefit for himself or for
any other person, in connection with any contract or
transaction between the Government and any other party,
wherein the public officer in his official capacity has to
intervene under the law.
3) Directly or indirectly requesting or receiving any gift, present or
other pecuniary or material benefit, for himself or for another,
from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any
Government permit or license, in consideration for the help given
or to be given.

4) Accepting or having any member of his family accept

employment in a private enterprise which has pending official
business with him during the pendency thereof or within one year
after its termination.

5) Causing any undue injury to any party, including the

Government, or giving any private party any unwarranted benefits,
advantage or preference in the discharge of his official,
administrative or judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence.
6) Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on any
matter pending before him for the purpose of obtaining directly or
indirectly, from any person interested in the matter some
pecuniary or material benefit or advantage, or for purpose or
favoring his own interest or giving undue advantage in favor of or
discriminating against any other interested party.

7) Entering on behalf of the Government, into any contract or

transaction manifestly and grossly disadvantageous to the same,
whether or not the public officer profited or will profit thereby.

8) Directly or indirectly having financial or pecuniary interest in

any business, contract or transaction in connection with which he
intervenes or takes part in his official capacity, or in which he is
prohibited by the Constitution or by any law from having any
interest.
9) Directly or indirectly becoming interested, for personal gain, or
having a material interest in any transaction or act requiring the
approval of a board, panel or group of which he is a member, and
which exercises discretion in such approval, even if he votes
against the same or does not participate in the action of the
board, committee, panel or group.

10) Knowingly approving or granting any license, permit, privilege

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

11) Divulging valuable information of a confidential character,

acquired by his office or by him on account of his official position
to unauthorized persons, or releasing such information in
advance of its authorized release date.
Is a Christmas or birthday gift received by a public
officer considered a corrupt practice?

ANSWER:

No if the gift was –

(a) unsolicited (given by the giver voluntarily and not

demanded by the public officer), and

(b) of small or insignificant value, and

(C) was given as a mere token of gratitude or friendship

according to local customs or usage (Sec. 14).
 Prohibition on PRIVATE
INDIVIDUALS:
1) Itis unlawful for ANY PERSON having family or close personal relation
with any public official to capitalize or exploit or take advantage of such
family or close personal relation by directly or indirectly requesting or
receiving any present, gift or material or pecuniary advantage from any
other person having some business, transaction, application, request or
contract with the Government, in which such public official has to intervene.

FAMILY RELATION includes the SPOUSE or RELATIVES by consanguinity or

affinity in the 3rd CIVIL DEGREE.

CLOSE PERSONAL RELATION includes close personal relationship, social

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

2) It is unlawful for any person knowingly to induce or cause any public

official to commit any of the CORRUPT PRACTICES.
 Prohibition on CERTAIN
RELATIVES:
It is unlawful for the SPOUSE or for ANY
RELATIVE, by consanguinity or affinity, within
the 3rd civil degree, of the
1) President of the Philippines,
2) Vice President of the Philippines,
3) Senate President, and
4) House Speaker
to INTERVENE directly or indirectly, in any
business, transaction, contract or application
with the Government (subject to the exceptions
provided for under Sec. 5).
 Prohibition on MEMBERS OF
CONGRESS:
It is unlawful for any member of the
Congress, during his/her term of office to
ACQUIRE or RECEIVE any personal
pecuniary interest in any specific business
enterprise which will be directly and
particularly favored or benefited by any
law or resolution AUTHORED by him/her
previously approved or adopted by the
Congress during his/her term.
Statement of Assets and Liabilities
Every public officer MUST file-

WHAT?
A detailed and sworn statement of assets and liabilities,
amounts and sources of his/her income, amounts of
his/her personal and family expenses, and the amount of
income taxes paid.

WHEN?
1) within 30 days after assuming office,
2) on or before April 15 of every year,
3) upon the expiration of his/her term of office, or
4) upon his/her resignation or separation from office.
What COURT has the jurisdiction to try
complaints for violations of R.A. 3019?

SANDIGANBAYAN
has the original jurisdiction to
hear and decide complaints for
Graft and Corruption.
Is a public officer who is being investigated or is facing
charges of graft and corruption allowed to resign or
retire during the pendency of the investigation or the
case against him?

No public officer is allowed to resign or

retire pending an investigation, criminal or
administrative or pending a prosecution
against him, for any offense under R.A.
No. 3019 or under the provisions of the
RPC on bribery (Sec. 12).
What should be done to the public officer accused
of violation of R.A. No. 3019 during the pendency
of the investigation or during the trial of his case?

The public officer who is under

investigation or is being tried for graft and
corruption should be SUSPENDED FROM
OFFICE pending the investigation or trial
of his case.
Is a public officer who was found guilty of the
charges entitled to his retirement or
gratuity benefits?

ANSWER:

No. Should the public officer be convicted

by final judgment, he loses all retirement
or gratuity benefits under the law
 What about if the public officer has already
received his retirement or gratuity benefits and he
was convicted of the charges?

The said convicted public officer who was

found guilty of the charges must return or
restitute the amount received as
retirement or gratuity benefit to the
Government.
 What about if the public officer was found
INNOCENT of the charges against him?

ANSWER:

The public officer is acquitted, he is

entitled to reinstatement and to the
salaries and benefits which he failed to
receive during suspension.
 Republic Act No. 7610
(Anti-Child Abuse Law)
Who are children under the Act?

“Children” refers to persons:

a) Below 18 years of age, or

b) Over 18 years of age but are unable to fully

take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental
disability or condition (Sec. 3).
 What is CHILD ABUSE?
CHILD ABUSE refers to the maltreatment, whether habitual or
not, of the child which includes any of the following acts:

a) Psychological and physical abuse, neglect, cruelty, sexual abuse

and emotional maltreatment;

b) Any act by deeds or words which debases, degrades or demeans

the intrinsic worth and dignity of a child as a human being;

c) Unreasonable deprivation of his basic needs for survival, such as

food and shelter; or

d) Failure to immediately give medical treatment to an injured child

resulting in serious impairment of his growth and development or
his permanent incapacity or death.
 Offenses Under the Act
1) CHILD PROSTITUTION and OTHER CHILD ABUSE

Who are considered “children exploited in prostitution

and other sexual abuse”?

Children, whether male or female, who or money,

profit or any other consideration or due to the coercion
or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed to
be children exploited in prostitution and other sexual
abuse (Sec. 5).
Who are liable for Child Prostitution and other Child
Abuse?

The following are punished with reclusion temporal in its medium

period to reclusion perpetua:

1) Those who engage in or promote, facilitate or induce child

prostitution which include, but are not limited to the following:

a) Acting as procurer of a child prostitute;

b) inducing a person to be a client of a child prostitute by

means of written or oral advertisements or other similar means;
 c) taking advantage of influence or relationship to procure a
child as a prostitute;

d) Threatening or using violence towards a child to engage him

as a prostitute; or

e) Giving monetary consideration, goods or other pecuniary to

a child with the intent to engage such child in prostitution.

2) Those who commit the act of sexual intercourse or lascivious

conduct with a child exploited in prostitution or subjected to other
sexual abuse;

3) Those who derive profit or advantage there from, whether as a

manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the
license has been issued to said establishment.
 ACTS PUNISHABLE AS AN ATTEMPT TO
COMMIT CHILD PROSTITUTION:
Who are guilty of attempt to commit child
prostitution?

1) Any person who, not being a relative of the child is found

ALONE with the child inside the room or cubicle of a house,
an inn, hotel, motel, pension house, apartelle or other
similar establishments, vessel, vehicle or any other hidden
or secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse; and

2) Any person who receives services from a child in a sauna

parlor, massage clinic, health club and other similar
establishments.
2) CHILD TRAFFICKING

Consummated Act of CHILD TRAFFICKING:

Who are liable for consummated act of child

trafficking?

Any person who engages in trading and

dealing with children including, but not limited to,
the act of buying and selling of a child for money,
or for any other consideration, or barter.
Attempt to Commit CHILD TRAFFICKING:

There is an attempt to commit Child Trafficking:

1) When a child travels alone to a foreign country without

valid reason therefor and without clearance issued by the
DSWD or written permission or justification from the child’s
parents or legal guardian;

2) When a pregnant mother executes an affidavit of

consent for adoption for a consideration;

3) When a person, agency, establishment or child-caring

institution recruits women or couples to bear children for
the purpose of child trafficking;
4) When a doctor, hospital, or child clinic official or
employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose of
child trafficking; or

5) When a person engages in the act of finding

children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-
caring institutions who can be offered for the
purpose of child trafficking.
3) OBSCENE PUBLICATIONS AND INDECENT SHOWS

Who are liable?

a) Any person who hires, employs, uses, persuades, induces, or

coerces a child:

1) To perform in obscene exhibitions and indecent

shows, whether live or in video;

2) To pose or model in obscene publications or pornographic

materials.

b) Any ascendant, guardian, or person entrusted in any capacity

with the care of the child who causes and/or allows a child to be
employed or to participate in an obscene play, scene, act, movie
or show or in any other acts covered by Sec. 9 of R.A. 7160.
 Other ACTS of NEGLECT, ABUSE, CRUELTY or
EXPLOITATION and other Conditions Prejudicial to the
Child’s Development:
1) Committing any other acts of child abuse, cruelty or
exploitation or be responsible for other conditions
prejudicial to the child’s development;

2) Keeping or having in his company a minor, 12 years or

under or who is 10 years or more younger than his
junior in any public place or private place, hotel, motel,
beer joint, discothèque, cabaret, pension house, sauna
or massage parlor, beach and/or other tourist resort or
similar places;

3) Inducing, delivering or offering a minor to anyone

prohibited to keep or have in his company a minor as
provided in the preceding paragraph;
4) Allowing by any person, owner, manager or one
entrusted with the operation of any public or private
place or accommodation, whether for occupancy,
food, drink, or otherwise, including residential
places any minor;

5) Using, coercing, forcing or intimidating a street

child or any other child to:
a) Beg or use begging as a means of living;
b) Act as conduit or middleman in drug
trafficking or pushing; or
c) Conduct any illegal activities.
Who may FILE a COMPLAINT for a VIOLATION of
R.A. 7610?

The complaint may be filed by any of the following:

1) Offended party;
2) Parents or guardians;
3) Ascendant or collateral relative within the third degree of
consanguinity;
4) Officer, social worker or representative of a licensed
child-caring institution;
5) Officer, social worker of the DSWD;
6) Barangay Chairman;
7) At least 3 concerned responsible citizens where the
violation occurred.
 Republic Act No. 6538
Anti-Carnapping Act of 1972

What is CARNAPPING?
It is the taking, with intent to gain, of a
motor vehicle belonging to another
without the latter’s consent, or by means
of violence against or intimidation of
persons, or by using force upon things.
 DEFINITION OF TERMS:
MOTOR VEHICLE – is any vehicle propelled by any power other
than muscular power using the public highways
EXCEPT the following:

A] Road rollers; Bulldozers;

Trolley cars; Graders;
Street-Sweepers; Fork-lifts;
Sprinklers; Amphibian Trucks, and
Lawn mowers; Cranes

NOT USED ON PUBLIC HIGHWAYS,

B] Vehicles, which run only on rails or tracks, and

C] Tractors, trailers and traction engines of all kinds used

exclusively for agricultural purposes.
What constitutes unlawful taking in
the crime of CARNAPPING?

UNLAWFUL TAKING in CARNAPPING takes

place when the owner or juridical
possessor does not give his consent to the
taking, or, if consent was given, it was
vitiated (People vs. Tan, 323 SCRA 30).
TAKING OF A MOTOR VEHICLE can be:

1) CARNAPPING under R.A. 6538, or

2) QUALIFIED THEFT under Art. 310 of the RPC,

or

3) ESTAFA under Art. 315 paragraph 1 (b) of the

RPC.
 CARNAPPING vs. QUALIFIED THEFT vs.
ESTAFA
CARNAPPING QUALIFIED THEFT ESTAFA

1)Taking A] Art. 310, RPC 1) Physical and Juridical

1)Taking possession of the motor
2) with intent to gain,
2) with intent to gain vehicle was transferred to
3) of a motor vehicle 3) of a motor vehicle
the accused;
4) belonging to another 4) belonging to another
5) (a) without the 5) Without the latter’s consent (e.g. agency to sale)
latter’s 6) But without violence against 2) He misappropriated the
or intimidation of persons or same.
consent, or force upon things.
(b) by means of
B] Jurisprudence
violence against
1) Material or physical
or intimidation of possession of the motor
person, or vehicle was transferred to the
accused;
(c) by using force (e.g. borrowed)
upon things. 2) He misappropriated the
same.
 Republic Act No. 6235
ANTI-HIJACKING LAW
How is the crime of HIJACKING committed?

Hijacking is committed by:

1) Compelling the pilot to change in course or destination

of a DOMESTIC AIRCARFT;
2) Seizing or usurping the control of a DOMESTIC AIRCAFT
while it is in flight;
3) Compelling a FOREIGN AIRCRAFT to land in the
Philippine territory; and
4) Seizing or usurping the control of the FOREIGN
AIRCRAFT while it is within Philippine territory.
When is an aircraft considered
in flight?

An aircraft is considered in flight from the

moment all its external doors are closed
following embarkation until any of such
doors is opened for disembarkation.
 Other acts punished by
R.A. No. 6235:

Shipping, loading, or carrying in any

PASSENGER AIRCRAFT operating as a
public utility within the Philippines any
explosive, flammable, corrosive or
poisonous substance or material.
 Republic Act No. 4200
Anti-Wire Tapping Law
What are the acts punished as wire-tapping?
1) Tapping any wire or cable, or
2) Using any other device or arrangement,
3) To secretly overhear, intercept, or record a
4) Private communication/conversation or
spoken word
5) Without the knowledge or consent of all the
parties
Private Communications Can
Be Waived by SHOUTING
 Presidential Decree No. 533
Anti-Cattle Rustling Law of 1974
What is “CATTLE RUSTLING”?

CATTLE RUSTLING is the -

1) Taking away by any means, methods or scheme,
without the consent of the owner/raiser, of a LARGE
CATTLE whether or not for profit or gain, or whether
committed with or without violence against or
intimidation of any person or force upon things;

2) Killing of a large cattle, or taking its meat or hide

without the consent of the owner/raiser.
 What is a LARGE CATTLE?

LARGE CATTLE includes the following:

1) Cow;
2) Carabao;
3) Horse;
4) Mule;
5) Ass; or
6) Other domesticated member of the bovine
family.
 WHO is considered as an
OWNER/RAISER of a Large Cattle?

OWNER/RAISER -
includes the herdsman, caretaker,
employee or tenant of any firm or entity
engaged in the raising of large cattle or
other persons in lawful possession of such
large cattle.
 Duty of OWNER/RAISER to
Register the LARGE CATTLE:
The owner/raiser is duty-bound to register the large cattle
belonging to him –
WHEN?
before the large cattle attains the age of 6 months.
WHERE?
with the office of the City/Municipality where the
owner/raiser resides.

After registration, a CERTIFICATE of OWNERSHIP is

issued to the owner/raiser.
 Permit to BUY and SELL
Large Cattle:
Any person, partnership, association, corporation
or entity engaged in the business of buying and
selling large cattles MUST first secure a permit
from -
(a) the Provincial Commander, and
(b) the City/Municipal Treasurer of the place
of residence of such person, partnership,
association, corporation or entity.
 Clearance for SHIPMENT of
LARGE CATTLE:

Any person, partnership, association,

corporation or entity desiring to ship or
transport large cattle, its hides, or meat,
from one province to another MUST
secure a PERMIT from the Provincial
Commander.
PRESUMPTION OF CATTLE
RUSTLING:

FAILURE to exhibit or show the required

PERMIT or CLEARANCE by any person
having in his possession, control or
custody of large cattle is a PRIMA FACIE
EVIDENCE that the large cattle in his
possession, control, or custody is the fruit
of the crime of cattle rustling.
 Presidential Decree No. 1612
Anti-Fencing Law of 1979
What is “fencing”?

“Fencing” is the act of any person who,

a) with intent to gain for himself or for another,

b) BUY, RECEIVE, POSSESS, KEEP, ACQUIRE, CONCEAL,

SELL, or DISPOSE of, or BUYS and SELLS, or in any other
manner deal in

c) any article, item, object or anything of value

d) which HE KNOWS, or SHOULD BE KNOWN TO HIM, e) to have

been derived from the proceeds of the crime of robbery or theft.
 Who is a “FENCE”?
“FENCE” includes any

person,
firm,
association,
corporation or partnership, or
other organizations

who/which commits the act of fencing.

 Presumption of FENCING:

Mere possession of any goods, article,

item, object, or anything of value which
has been the subject of robbery or
thievery is a PRIMA FACIE evidence of
fencing.
 Presidential Decree No. 532
Anti-Piracy and Anti-Highway Robbery Law
What is PIRACY?
Any attack upon or seizure of any vessel, or the taking
away of the whole or part thereof, or its cargo,
equipment, or the personal belonging of its complement
or passengers, irrespective of the value thereof, by
means of violence against or intimidation of persons or
force upon things.

Who may commit PIRACY?

Any person, including a passenger or member of the
crew/complement of the vessel.

Where may PIRACY be committed?

Only in Philippine waters.
 PIRACY
P.D. 532 VERSUS Art. 122 of the RPC

P.D. No. 532 ARTICLE 122, RPC

1) Piracy can only be committed 1) Piracy can be committed both
on Philippine territorial waters. on the high seas and on Philippine
territorial waters.

2) Can be committed by ANY 2) Can only be committed by a

PERSON including a passenger or person who is not a passenger nor
member of the complement of the member of the complement of the
vessel. vessel.
What is HIGHWAY ROBBERY or BRIGANDAGE?

1) The seizure of any person for ransom,

extortion or other unlawful purposes, or

2) Taking away of the property of another by

means of violence against or intimidation of
persons or force upon things or other
unlawful means.

WHERE?

On any PHILIPPINE HIGHWAY.

What is a PHILIPPINE HIGHWAY?

Any road, street, passage, highway and

bridges or other parts thereof, or railways
or railroad within the Philippines used by
persons, or vehicles, or locomotives or
trains for the movement or circulation of
persons or transportation of goods,
articles, or property or both.
What is the purpose of the accused in Highway
Robbery or Brigandage?

The purpose of brigandage is

INDISCRIMINATE HIGHWAY ROBBERY (i.e.
victim could be any person or persons that passes
through a Philippine Highway).
If the purpose is only a particular
robbery (i.e. there is a predetermined or particular
victim), the crime is only Robbery or
Robbery in band if there are at least 4
armed participants.
Is the number of perpetrators an essential
element of Highway Robbery or
Brigandage?

No. The perpetrator could be a single

person or a group of persons not necessarily
at least four (4) armed persons.
Is the fact that Robbery was committed on
Philippine Highway makes it Highway Robbery or
Brigandage?

No. The mere fact that robbery was committed on

Philippine Highway does not give rise to Highway
Robbery or Brigandage. The intent of
indiscriminate highway robbery must be present.
 Republic Act No. 8049
Anti-Hazing Act
What is HAZING?

It is an initiation rite or practice as a

prerequisite for admission into membership in a
fraternity, sorority or organization by placing the
recruit, neophyte or applicant in some
EMBARRASSING or HUMILIATING situations
such as forcing him to do menial, silly, foolish
and similar tasks or activities or otherwise
subjecting him to physical or psychological
suffering or injury.
Take NOTE:

The term “ORGANIZATION” include any club, or

the AFP, PNP, PMA, or officer and cadet corps of
the Citizen’s Military Academy (CMT), or Citizen’s
Army Training (CAT).
 Republic Act No. 7832
Anti-Electricity Pilferage Act
Punishes:

1) Illegal use of electricity

- e.g. illegal connection, tampering, use
of jumpers
2) Theft of electric power transmission lines
and materials.
 What is “MURO-AMI”?
It is the act of fishing with gear
method or other physical or mechanical
acts that destroy coral reefs, sea grass
beds and other fishery marine life habitat

It is punishable under The Philippine

Fisheries Code of 1998 and R.A. 8550.
 Republic Act No. 7438
Impose penalties to the following:

1) Any arresting public officer or employee, or any investigating

officer who fails to inform any person arrested, detained or
under custodial investigation of his right to remain silent and to
have a competent and independent counsel preferably of his
own choice;

2) Any pubic officer or employee or anyone acting upon orders of

such investigating officer or in his place, who fails to provide a
competent and independent counsel to a person arrested,
detained or under custodial investigation for the commission of
an offense if the latter cannot afford the services of his own
counsel;

3) Any person who obstruct, prevent or prohibits any lawyer, any

member of the immediate family of a person arrested, detained
or under custodial investigation, or any medical doctor or priest
or religious minister chosen by him or by any member of his
immediate family or by his counsel, from visiting and conferring
privately with him, or from examining and treating him, or from
ministering to his spiritual needs, at any hour of the day, or in
urgent cases, of the night.
 Republic Act No. 8177
Act Designating Death By Lethal Injection as the
Method of Carrying Out Capital Punishment

How should DEATH PENALTY be executed?

The death sentence shall be executed by

means of lethal injection.

When should the death sentence be carried out?

The sentence shall be carried out not earlier

than one (1) year nor later than eighteen (18)
months after the judgment has become final and
executory.
 Batas Pambansa Bilang. 22
Anti-Bouncing Check Law
Who is liable for violation of B.P. 22?

A] Any person who makes or draws and issues any check

to apply on account or value, knowing at the time of
issue that he does not have sufficient funds in or credit
with the drawee bank for the payment of such checks in
full upon its presentment, which check is subsequently
dishonored by the drawee bank.

FOR WHAT REASON?

For insufficiency of funds or credit or it would have been

dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stopt
payment.
B] Any person who made or drew and issued a check who
failed to keep sufficient funds or to maintain a credit to
cover the full amount of the check if said check was
presented within a period of 90 days from the date
appearing thereon, for which reason it is dishonored by
the bank.

ELEMENTS OF THE CRIME:

1) The accused makes, draws or issues any check to apply on account

or value.

2) The check is subsequently dishonored by the drawee bank for

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

3) The accused KNOWS at the time of issuance that he or she does

not have sufficient funds in or credit with the drawee bank for the
payment of the check in full upon its presentment.
 Republic Act No. 7877
Anti-Sexual Harassment Act

What is SEXUAL
HARASSMENT?

Work, education or training-

related sexual harassment is
committed by -
WHOM?
By an

1) EMPLOYER,
2) EMPLOYEE,
3) MANAGER,
4) SUPERVISOR,
5) AGENT OF THE EMPLOYER,
6) TEACHER,
7) INSTRUCTOR,
8) PROFESSOR,
9) COACH,
10) TRAINER, or
11) ANY OTHER PERSON HAVING AUHTORITY,
INFLUENCE OR MORAL ASCENDANCY OVER ANOTHER in a
work or training or education environment.
IN WHAT WAY?

By demanding, requesting or otherwise

requiring any SEXUAL FAVOR from the other,
regardless of whether the demand, request or
requirement for submission is accepted by the
victim.
 THANK YOU
&
God Bless
ATTY. JUVY RAMIREZ-MANWONG