PD 603: Child and Youth Welfare Code

Exempt from criminal liability:

Child 15 below
Child 15-18 that acted without discernment
*at the time of the commission of the offense
If the court finds that the youthful offender committed the
crime charged, it shall determine the imposable penalty and
civil liability but not pronounce judgment of conviction
proceedings are instead suspended
Youthful offender returned to committing court for
pronouncement of judgment:
1. Incorrigible
2. Willful failure to comply with rehabilitation program
3. Continued stay in institution inadvisable
When youthful offender has reached 18 while in commitment,
the court shall:
1. Dismiss if offender behaved properly
2. Pronounce conviction if conditions are not met
- offender may apply for probation
Youthful offender shall be credited in the service of his
sentence with the full time spent in actual commitment and
detention.
RA 9165: Comprehensive Dangerous Drugs Act
Financier- raises or supplies money for illegal activities
Protector/Coddler knowingly or willfully consents to the
unlawful acts, facilitates escape of violators
Pusher sells, trades, or delivers DD
Plea-Bargaining Prohibited
Probation Law not applicable
*regardless of imposable penalty
Qualifying Aggravating Circumstance if offender under
influence of DD
Punishable Acts:
1. Importation*
2. Sale* buyer must receive the drugs from the accused
Elements:
a. Identity of buyer and seller
b. Object and Consideration of the sale
c. Delivery (with knowledge)
d. Payment
3. Maintenance of a den, dive, resort*
4. Employment in and visiting a den, dive, resort
5. Manufacturing DD*
6. Illegal chemical diversion
7. Manufacture or delivery of equipment
8. Possession of DD
Elements:
a. Possession of item identified as DD
b. Not authorized by law
c. Freely and consciously possessed
*exclusive possession and control not necessary
9. Possession of equipment (punished separately)

10. Possession of DD during parties (proximate company of at

least 2 persons)
11. Possession of equipment during parties (proximate
company of at least 2 persons)
12. Use of DD
13. Cultivation or culture of plants or other source*
14. Failure to maintain and keep records of transactions
15. Unnecessary prescription
16. Unlawful prescription
*Mere attempt or conspiracy to commit punishable
Custody and disposition of Confiscated, Seized, Surrendered
DD and Equipment:
Agency in charge: PDEA
1. Physical inventory and photographing
- presence of accused, his representative or counsel,
representative from media and DOJ, any elected public official
- at the place where the search warrant is served; or at the
nearest police station in case of warrantless seizes
2. Submission of the article to the PDEA Forensic Lab (within
24 hours)
3. Certification of the results of the lab exam (within 24 hours)
4. Filing of criminal case
5. Ocular inspection by court
6. Burning or destroying of items (within 24 hours)
- in the presence of the accused or his counsel, representative
from the media, DOJ, civil society, and any elected public
official
7. Sworn certification from DDB
8. Submission of sworn certificate to court
9. Destruction of sample after promulgation of judgment
10. DDB informed of termination of case
Chain of Custody duly recorded authorized movement sand
custody of seized drugs or equipment from the time of seizure
to receipt in the forensic lab. The record shall include the
identity and signature of the person who held temporary
custody, the date and time of transfer of custody in the course
of safekeeping, use in court as evidence, and final disposition.
Twin conditions to justify procedural lapse:
1. Justifiable grounds
2. Preservation of integrity and evidentiary value
Immunity from Prosecution and Punishment:
1. Prosecuted for (a) employment in and visiting a den, dive,
resort; (b) possession of DD; (c) possession of equipment; (d)
possession of equipment in parties; (e) use of DD; (f) unlawful
prescription
2. Information is given voluntarily on (a) importation; (b) sale
of DD; (c) maintenance of den, dive, resort; (d) manufacture
of DD; (e) manufacture of equipment; (f) possession of DD
during parties; (g) unnecessary prescription; (h) or any other
violation if committed by a Drug Syndicate (at least 2 persons)
3. Willingly testifies against any individual
4. a. Information not yet in the possession of the state
b. necessary for conviction
c. unavailability of direct evidence
d. subject to substantial corroboration
e. not appear most guilty
f. strict ad faithful compliance without delay with any
conditions imposed by the State

g. not convicted of a crime involving moral turpitude except

when there is no other direct evidence available
Confinement of a drug dependent may be voluntary or
compulsory.
Drug dependent who is discharged as rehabilitated but does
not qualify for exemption from criminal liability may be
charged but shall be placed on probation and undergo
community service in lieu of imprisonment in the discretion of
the court without prejudice to the outcome of any pending
case.
If offender is a first time minor offender, sentence shall be
suspended. Can be availed of only once.
- over 15 at the time of the commission of the offense
but not more than 18 at the time judgment is
promulgated
- probation or community service in lieu of
imprisonment in the discretion of the court
Minors as drug pushers are disqualified from probation.
RA 9262: Anti-Violence Against Women and their Children
Elements:
1. sexual or dating relationship
2. act or series of acts of harassment
3. emotional or psychological distress
A single act of harassment is enough to convict the offender
It is not indispensable that the act of violence be a
consequence of the dating or sexual relationship.
That dating relationship ceased prior to violence is not a
defense.
Violence against Women and Children any act or series of
acts committed by any person against a woman who is his:
1. wife
2. former wife
3. a woman with whom he has or had a sexual or dating
relationship.
4. a woman with whom he has a common child
5. child
- include:
a. physical violence
b. economic abuse
c. psychological violence
d. sexual violence
Battered Woman Syndrome as a proper defense
notwithstanding the absence of any of the elements for selfdefense
- 2 battering episodes are necessary (2 cycles of
tension building, acute battering incident, and
tranquil, loving phase)
Acts punishable (Section 5)
Prescriptive Period: 1-6: 20 years; 7-9 10 years
Venue: RTC designated as family court
1. Threatening to cause physical harm
2. Attempting to cause physical harm
3. Placing in fear of imminent physical harm

4. Attempting to compel or compelling to engage in conduct

with right to desist, or desist rom conduct with right to engage
in; attempting to restrict or restricting freedom of movement
5. Inflicting or threatening to inflict physical harm on oneself
to control actions and decisions
6. Causing physical harm
7. Causing or attempting to cause to engage in any sexual
activity not rape
8. Causing mental or emotional anguish, public ridicule, or
humiliation
9. Engaging in purposeful, knowing, or reckless conduct that
cause alarm or distress (stalking, harassment)
Issued by

Procedure for
determination of basis of
application
Specific act protected
Effectivity
Penalty for violation

BPO
Punong Barangay or
Barangay Kagawad in
case of absence
Ex parte

TPO
Family Court
RTC/MTC w
territorial juri
over place of
residence of p
Notice and he

Threatening / Attempting
to cause physical harm
(Sec 5 a&b)
15 days
Imprisonment of 30 days
without prejudice to any
other criminal or civil
action

Any, some or
reliefs mentio
the Act
30 days
Contempt of
without preju
any other crim
civil action

Violence against Women and Children is a public crime

- may be prosecuted upon the filing of a complaint by
any citizen having personal knowledge of the
circumstances involving the commission of the crime
RA 9344: Juvenile Justice and Welfare Act
Child below 18
Child in Conflict with the Law alleged as, accused of, or
adjudged as, having committed an offense under Philippine
laws
Intervention series of activities designed to address issues
that caused the child to commit the crime (individualized
treatment program, counseling, skills training, education)
Diversion alternative, child-appropriate process of
determining the responsibility and treatment of a child in
CICL without resorting to formal court proceedings
Discernment mental capacity to understand the difference
between right and wrong
- determined by considering all the circumstances,
appearance, attitude, behavior, conduct before and
during commission of the act and trial
Age
Below 15
15-18 without discernment
15-18 with discernment

Criminal Liability
Exempt but intervention program
Exempt but intervention program
Criminal liability but diversion
program
18 above
Criminal liability
Reckoning point: time of commission of offense

Procedure:
1. Determination of Age
2. Ascertainment of Criminal Liability based on Age and
Discernment
3. Discharge of the CICL
If child is 15 and below, the authority, in consultation with the
local social welfare and development officer has to release the
child to the custody of:
1. parents/guardian/nearest relative
2. duly registered non-governmental or religious organization /
barangay official / local social welfare and development
officer
3. DSWD
Child deemed Neglected Child and mandatorily placed in a
special facility within the Bahay Pag-Asa called the Intensive
Juvenile Intervention and Support Center if he/she is 12-15
and commits:
1. Kidnapping and serious illegal detention victim is killed
or raped
2. Infanticide
3. Murder
4. Parricide
5. Carnapping driver/occupant is killed or raped
6. Destructive Arson
7. Robbery with homiced or rape
8. Rape
9. Drugs offenses punishable by more than 12 years
imprisonment
Diversion:
1. If imposable penalty is < 6 years imprisonment law
enforcement officer / Punong Barangay shall conduct
mediation, family conferencing, conciliation
2. Victimless crimes where the imposable penalty is < 6 years
imprisonment local social welfare and development officer
shall develop diversion and rehabilitation program
3. Imposable penalty > 6 years imprisonment diversion
measures ay be resorted to only by the court
Diversion may be conducted at all levels and phases of the
proceedings.
The child in diversion shall present himself to the competent
authorities at least once a month for reporting and evaluation.
Failure to comply with the terms and conditions of diversion
shall give the offended party the option to institute the
appropriate legal action.
The period of prescription of the offense shall be suspended
during the effectivity of the diversion program but not
exceeding 2 years.
Automatic Suspension of Sentence
- child under 18 found guilty
- civil liability determined
- instead of pronouncing conviction, court shall place
CICL under suspended sentence without need of
application
- even if >18 at the time of pronouncement of guilt
Discharge of CICL

upon recommendation of social worker with custody

of the child
objective of the disposition measures fulfilled
not affect civil liability

Return of CICL to court for execution of judgment

- objective of disposition measures not fulfilled
- CICL willfully failed to comply with conditions of
program
CICL reached 18 while under suspended sentence court shall
determine whether:
1. discharge
2. order execution of sentence
3. extend suspended sentence until maximum age of 21
CICL credited in the service of his sentence with the full time
spent in actual commitment and detention.
Probation as an alternative to imprisonment upon application
at any time
Offenses not applicable to children: (they are exempt but
counseling and treatment)
1. Vagrancy and prostitution
2. Mendicancy
3. Sniffing of rugby
RA 10591: Comprehensive Firearms and Ammunition
Regulation Act
An imitation firearm used in the commission of a crime shall
be considered a real firearm and the person who committed the
crime shall be punished in accordance with this Act.
Permit to Carry Firearm Outside of Residence & Permit to
Transport Firearm
- written authority issued by Chief of the PNP
Acts Punishable:
1. Unlawful acquisition or possession
2. Use of loose firearm in the commission of a crime
aggravating circumstance
- If the crime is committed without using the loose firearm
separate offense
3. Carriage of registered firearm outside of residence without
legal authority
4. Unlawful manufacture, sale, importation, acquisition,
disposition, possession
5. Unlawful taking, sale, or disposition by any laborer, worker
or employee of a licensed firearms dealer
6. Arms smuggling
7. Unlawful tampering, obliteration or alteration of firearms
identification
8. Planting evidence
9. Failure to notify PNP of lost or stolen firearm within 30
days
10. Failure to notify PNP of change of residence within 30
days
11. Illegal transfer or registration of firearms to person not
licensed

Imposition of penalty for any violation of this Act includes the

accessory penalty of confiscation and forfeiture of the firearm.

Probation defendant after conviction and sentence is released

subject to conditions imposed by the court and supervision of
the probation officer
RA 4103: Indeterminate Sentence Law
- not an absolute right
- mere privilege whose grant rests upon the discretion
Indeterminate sentence sentence with a minimum and a
of the court
maximum term
- may be granted even if the sentence is fine only but
- mandatory where maximum imprisonment exceeds 1
with subsidiary imprisonment
year but only if favorable to the accused
- application must be filed with the trial court within
- applies to both violations of RPC and special laws
the period for perfecting an appeal
- no application for probation shall be entertained or
granted if defendant perfected an appeal
o Exception: Colinares
RPC
Appealed decision which imposes a
Maximum
Properly imposed under RPC
sentence disqualifying the accused
considering aggravating and
an opportunity to apply for
mitigating circumstances
probation was set aside as an
Minimum
Within the range of penalty one
erroneous judgment
degree lower than that prescribed by
the RPC, without considering
Filing for application for probation waiver of right to appeal
circumstances
Order granting/denying probation not appealable
Accessory penalties deemed suspended once probation is
(When there is a privileged
granted
mitigating circumstance, the startingCivil liability not affected; may be appealed
point is the penalty next lower than Before grant of probation prior investigation by probation
that prescribed by the RPC)
officer and determination of court
Criteria for placing an offender on probation: information on
Modifying circumstances are considered only in the
character and condition of offender; institutional and
imposition of the maximum term.
community resources
ISL not Applicable:
1. Imprisonment not exceed 1 year
2. Destierro or suspension
3. RP or LI
4. Convicted of Piracy
5. Violated terms of conditional pardon
6. Convicted of treason / conspiracy or proposal to commit
treason
7. Habitual Delinquent (Recidivists are entitled; Offender
qualified even if crime is committed while he is on parole)
8. Escaped from confinement / evaded sentence
9. Convicted of misprision of treason, espionage, rebellion,
sedition
Release of Prisoner on Parole
- after serving minimum penalty
- appears to the Board that: (a) fit for release; (b)
reasonable probability that he will not violate the law;
(c) not incompatible with welfare of society
Entitlement to Final Release and Discharge
- paroled prisoner shall show himself to be a (a) lawabiding citizen; (b) not violate any law
Sanction for Violation of (any) Conditions of Parole
1. Order of arrest
2. Prisoner shall serve the remaining unexpired portion of his
maximum sentence
PD 968: Probation Law

Probation shall be denied if the court finds that:

1. Offender is in need of correctional treatment through
commitment
2. Undue risk of committing another crime
3. Depreciate seriousness of crime
Disqualified Offenders:
1. Imprisonment of > 6 years
2. Convicted of subversion or any crime against national
security / public order
3. Previously convicted by final judgment of an offence
punished by imprisonment 1 month and 1 day and/or a fine
200
4.Once placed on probation
5. Appealed (not apply to minor offenders; can apply for
probation anytime)
6. Convicted of Drug Trafficking/Pushing
7. Convicted of Election Offenses
Period of Probation
Imprisonment
1 year
1 6 years
Subsidiary imprisonment

Probation
1 year
6 years
Twice the perio

Arrest of persons on probation

- court shall issue warrant for any serious violation of
the conditions of probation
- once arrested, probationer shall be brought to court
for summary hearing on the violation charged
- if violation is established, the court may revoke or
continue his probation

if revoked, probationer shall serve the sentence

originally imposed

2. Accused (not a principal or accomplice) acquires or deals

with an item
3. Knows or should have known that item derived from
robbery/theft
4. Intent to gain

Termination of probation by court order

- case deemed terminated
- restoration of all civil rights
- discharged from liability for fine

Accessory in robbery theft may be prosecuted as such under

RPC or principal under PD 1612.

PD 532: Anti-Piracy and Anti-Highway Robbery Law

- punishes as highway robbery or brigandage only acts of
robbery perpetrated by outlaws indiscriminately against any
person on Philippine highways

BP 22: Bouncing Checks Law

Acts Punishable:
1. Knowing at the time of issue that funds are insufficient
Elements:
Piracy attack upon or seizure of any vessel, or the taking
a. issues check
away of the whole or part thereof or its cargo, equipment or
b. dishonored due to lack/insufficiency of funds or account
the personal belongings of its complement or passengers by
closed
means of violence against or intimidation of persons or force
c. written notice of dishonor and demand for payment (from
upon things, committed by any person, including a passenger
payee)
or member of the complement of said vessel, in Philippine
d. refuses or fails to pay within 5 banking days
waters.
- it must be shown that accused knew of the insufficiency of
funds at the time the check was issued
Highway Robbery/Brigandage seizure of any person for
2. Failure to keep sufficient funds for 90 days
ransom, extortion or other unlawful purposes, or the taking
Elements:
away of the property of another by means of violence against
a. issues check
or intimidation of person or force upon things , committed by
b. sufficient funds upon issuance of check
any person on any Philippine Highway.
c. failure to keep sufficient funds if check is presented within
Acts Punishable
Penalties 90 days from date appearing thereon
d. dishonor
Piracy
RT med max
e. refuses or fails to pay within 5 banking days
Piracy with physical injuries or other crimes
RP
Piracy with rape/murder/homicide
RP / LI
Piracy and the offenders:
RP / LI Issuing check whose payment is refused for insufficiency of
funds when presented within 90 days from the date of the
1. abandoned the victims without means of saving
check prima facie evidence of knowledge of insufficiency of
themselves
funds.
2. seized the vessel by firing upon or boarding it
Highway Robbery / Brigandage
RT min Exceptions:
If maker or drawer (a) pays the holder within 5 banking days;
Highway Robbery / Brigandage with physical injuries or
RT med max
(b) makes arrangements for payments within 5 banking days
other crimes
Highway Robbery / Brigandage with kidnapping for
ransom or extortion, or murder or homicide, or rape
Accomplice is any person who:
1. Knowingly aids or protects pirates or highway robbers /
brigands
2. Acquires or receives property taken
3. Abets the commission directly or indirectly
PD 1612: Anti-Fencing Law
Fencing act of any person who with intent to gain for
himself or for another, shall deal with any item which he
knows, or should have known, to have been derived from
robbery or theft.
Presumption of Fencing: mere possession of any item which
has been the subject of robbery or theft.
Exception: Possession of Clearance or Permit to sell used
second hand articles
Elements:
1. Robbery or theft

RP / LI
5 days make arrangements to pay
90 days maintain sufficient funds to destroy presumption of
knowledge of insufficiency of funds
180 days if not enchased will make the check stale
payment of the check before filing of information no
criminal liability
payment of check after filing of information not exonerate
accused
RA 6539: Anti-Carnapping Act
Carnapping taking with intent to gain, of motor vehicle
belonging to another without the latters consent , or by means
of violence against or intimidation of persons, or by using
force upon things.
Elements:
1. Actual taking
2. Intent to gain
3. Vehicle belongs to a person other than offender
- it is not necessary that the person unlawfully divested of the
property be the owner

4. without consent of the owner, taking by means of violence

against or intimidation of persons or force upon things
If the motor vehicle was not taken but was delivered by the
owner or possessor to the offender who thereafter
misappropriated it:

1. Qualified Theft material or physical possession given to

offender
2. Estafa - material and juridical possession given to offender